BOARD OF DIRECTORS ALAMEDA-CONTRA COSTA TRANSIT DISTRICT
AGENDA
Regular Meetings of the Board of Directors and the External Affairs and Finance and Audit Committees Special Meeting of the Planning Committee AC Transit General Offices 2nd Floor Board Room 1600 Franklin Street Oakland, CA 94612
Wednesday, January 22, 2014, at 5:00 p.m.
Committee meetings will commence when the Board of Directors recesses to a Committee of the Whole
MEMBERS OF THE BOARD OF DIRECTORS GREG HARPER, PRESIDENT (WARD 2) JOE WALLACE, VICE PRESIDENT (WARD 1) ELSA ORTIZ (WARD 3) MARK WILLIAMS (WARD 4) JEFF DAVIS (WARD 5) JOEL YOUNG (AT-LARGE) H. E. CHRISTIAN PEEPLES (AT-LARGE) BOARD OFFICERS DAVID J. ARMIJO, GENERAL MANAGER DAVID A. WOLF, GENERAL COUNSEL LINDA A. NEMEROFF, DISTRICT SECRETARY STANDING COMMITTEES MEETING DAYS* nd Planning Committee 2 Wednesday nd Operations Committee 2 Wednesday th External Affairs Committee 4 Wednesday th Finance and Audit Committee 4 Wednesday * All Standing Committees are held in conjunction with the regular Board of Directors meeting, To access live and archived audio of Board of Directors and Standing Committee meetings as well as agendas, staff reports, and the schedule of future meetings please visit www.actransit.org and click on “Board Meetings”. Dial (510) 891-7200 to access agendas by telephone. For questions, contact the District Secretary’s Office at (510) 891-7201.
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MEETING PROCEDURES Public Comment: Members of the public wishing to present comments should complete a Speaker’s Form and submit it to the District Secretary. For subjects not listed on this agenda, the public will be invited to speak under the "PUBLIC COMMENTS" section of the agenda. For specific agenda item(s), speakers will be invited to address the Board/Standing Committee(s) at the time the item is being considered. All speakers are allowed two (2) minutes to present comments. Individuals wishing to present more detailed information are encouraged to submit comments in writing. Written comments are included in the record for meeting(s), and as such, are available for public inspection and may be posted to the District’s website. Electronic Devices: All electronic devices (cell phones, pagers and similar-sounding devices) shall be placed on mute, vibrate or silent mode during Board and Committee meetings pursuant to District Ordinance No. 12. Time of Meetings: Times included on this agenda for commencement of Standing Committee meetings are estimates only. Committee meetings will commence when the Board of Directors recesses to a Committee of the Whole. Order of Agenda Items: The Board or Standing Committee(s) may discuss any item listed on this agenda and in any order. Agenda Planning: The Agenda Planning portion of the agenda is designed to assist the Board and staff in the preparation of future Board and Committee agendas. Each item requested shall have the concurrence of at least two Directors in order to place a proposed agenda item on a future agenda. LIVE AUDIO STREAMING OF BOARD AND COMMITTEE MEETINGS Live audio streaming and an archive of previously recorded meetings is available on the District’s website at www.actransit.org. For technological reasons, recordings of meetings held outside of the Board Room cannot be streamed to the web. AVAILABILITY OF AGENDA RELATED MATERIALS Written agenda related materials for all open session regular meetings are available to the public 72 hours prior to the meeting or at the time the materials are distributed to a majority of the Board. Written materials presented at a meeting by staff or a member of the Board will be available to the public at that time, or after the meeting if supplied by an outside party. Agenda related materials are available on the District’s website or by contacting the District Secretary’s Office. ACCESSIBLE PUBLIC MEETINGS Meetings of the Board of Directors are accessible to individuals in wheelchairs. The Board Room is equipped with Assistive Listening Devices for individuals with a hearing impairment. Written materials in appropriate alternative formats, disability-related modification/accommodation as well as sign language and foreign language interpreters must be made 72 hours in advance of the meeting or hearing to help ensure availability. Please direct requests for disability related modification or accommodation and/or interpreter services to Linda A. Nemeroff, District Secretary, 1600 Franklin Street, Oakland, California, 94612 or call (510) 891-7201. AC Transit’s General Offices are generally served by bus lines 1, 11, 12, 51A, 72, 72M. The nearest accessible bus th service is provided at the intersection of Broadway and 17 Street in Oakland. The nearest accessible BART station th is the 19 Street Station in Oakland. District Ordinance No. 13 prohibits bringing non-service animals to District facilities unless specifically authorized by federal or state law. To accommodate individuals with severe allergies and environmental illnesses, meeting participants should refrain from wearing scented products to the meeting.
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BOARD OF DIRECTORS MEETING – Greg Harper, President Wednesday, January 22, 2014, at 5:00 p.m. 1.
ROLL CALL
2.
PUBLIC COMMENT
3.
CONSENT CALENDAR
Staff Contact or Presenter
Any person may directly address the Board at this time on any items of interest to the public that is within the subject matter and jurisdiction of the Board. Speakers wishing to address a specific agenda item will be invited to address the Board at the time the item is being considered. Two (2) minutes are allowed for each item.
Items listed under the Consent Calendar are considered to be routine and may be enacted by one motion/one vote. If discussion is desired, an item may be removed from the Consent Calendar and will be considered individually.
3A. Consider approving Board of Directors and Standing Committee minutes of December 11, 2013.
Linda Nemeroff 891-7284
3B. Consider receiving Retirement Board Minutes of December 17, 2013 (Report 14-013).
Hugo Wildmann 891-4889
3C. Consider authorizing the General Manager to attend the American Public Transportation Association’s Legislative Conference in Washington, D. C. on March 9-11, 2014 (Report 14-060).
David Armijo
4.
BOARD WORKSHOP Consider receiving an overview of Articles 8 and 15 of proposed Board Policy 201 – Personnel Policies for Unrepresented Employees (Report 14-031a).
5.
REGULAR CALENDAR
5A. Consider authorizing the General Manager to sign the East Bay Bus Rapid Transit Operations and Maintenance with the City of Oakland (Report 13-184b).
Tom Prescott 891-7221 Kurt De Stigter 891-4791
Dennis Butler 891-4798
RECESS TO STANDING COMMITTEES (as the Committee of the Whole)
Speakers will be invited to address a Committee at the time an item on the agenda is being considered or under Public Comment for items not on the agenda. Immediately following the Standing Committee Meetings, the Board meeting will reconvene at which time the Board may take action on any of the following Committee agenda items.
ALL COMMITTEES ARE ADVISORY ONLY.
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A.
EXTERNAL AFFAIRS COMMITTEE – Elsa Ortiz, Chairperson Held immediately following the Board Meeting recess.
Staff Contact or Presenter(s)
Public Comment (for items not on the agenda) Briefing/Action Items: A-1.
Consider recommending receipt of the Monthly Legislative Report (Report 14-014).
Dennis Butler 891-4798
A-2.
Consider recommending approval of the District’s Federal and State Legislative Advocacy Programs for 2014 (Report 14-028).
Dennis Butler 891-4798
B.
FINANCE AND AUDIT COMMITTEE – Jeff Davis, Chairperson Held immediately following the External Affairs Committee meeting.
Staff Contact or Presenter(s)
Public Comment (for items not on the agenda) Consent Items: B-1.
Consider recommending receipt of the Monthly Budget Update for the month of November, 2013 (Report 14-017).
Lewis Clinton 891-4752
B-2.
Consider recommending receipt of the Monthly Report on Investments for the month of November, 2013 (Report 14-016).
Lewis Clinton 891-4752
B-3.
Consider review of Board Policy 302 – Introduction to Fiscal Policies, with no amendments recommended (Report 14-019).
Lewis Clinton 891-4752
B-4.
Consider recommending that the General Manager be authorized to execute a funding agreement with the Center for Transportation and the Environment for pass-thru Federal Transit Administration National Fuel Cell Bus Program funds for maintenance, service, and support of the fuel cell bus fleet (Report 14-052).
Tom Prescott 891-7221
B-5.
Consider recommending adoption of Resolution No. 14-007 authorizing the General Manager or his designee to file and execute applications to the Metropolitan Transportation Commission for FY 2013-14 Transit Performance Initiative Incentive Program funds (Report 14-055).
Tom Prescott 891-7221
B-6.
Consider recommending the adoption of Resolution No. 14-008 authorizing the General Manager or his designee to file and execute applications with the Alameda County Transportation Commission for Cycle 5 Measure B Special Transportation for Seniors and People with Disabilities Gap Grant Program (Report 14-063).
Tom Prescott 891-7221
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B-7.
Consider review and recommend approval of amendments to Board Policy 308 – Accounting Policy (Report 14-020).
Lewis Clinton 891-4752
Briefing/Action Items: B-8.
Consider recommending that the General Manager be authorized to execute a funding agreement with the Alameda County Transportation Commission for Transportation for Clean Air grant funding for the Line 51 Corridor Project (Report 14-056).
Tom Prescott 891-7221
B-9.
Consider recommending adoption of Resolution No. 14-004 approving amendments to Board Policy 138 – Health and Welfare Benefits for Retired Elected Officials (Report 13-289a).
David Wolf 891-7178
B-10. Consider recommending approval to dispose of retired buses and nonrevenue vehicles through sale, or by means most advantageous to the District and authorize the General Manager to take any necessary action and execute documents to effectuate disposal (Report 14-027).
James Pachan 891-7215
B-11. Consider recommending adoption of Resolution No. 14-002 approving Board Policy 357 – Disposition of Lost and Unclaimed Property (Report 14-029).
Tom O’Neill 891-7278
C.
SPECIAL PLANNING COMMITTEE – Mark Williams, Chairperson Held immediately following the Finance and Audit Committee meeting.
Staff Contact or Presenter(s)
Public Comment (for items not on the agenda) Briefing/Action Items: C-1.
Consider recommending that the General Manager be authorized to sign the East Bay Bus Rapid Transit Operation and Maintenance Agreement with Caltrans (Report 14-053).
Dennis Butler 891-4798
C-2.
Consider recommending that the General Manager be authorized to sign the third party utility agreements associated with the East Bay Bus Rapid Transit Project with Pacific Gas & Electric, the East Bay Municipal Utility District, and AT&T (Report 14-054).
Dennis Butler 891-4798
RECONVENE BOARD OF DIRECTORS MEETING – Greg Harper, President
Staff Contact or Presenter(s)
5.
REPORTS OF STANDING COMMITTEES
The District Secretary will report on the recommendations made by the Committees, including those items referred to the Consent Calendar Addenda. If discussion or comment is desired, any person may request that an item be considered individually.
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Linda Nemeroff 891-7284
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A. EXTERNAL AFFAIRS COMMITTEE: A-1. Consider receiving the Monthly Legislative Report (Report 14-014). A-2.
Consider approving the District’s Federal and State Legislative Advocacy Programs for 2014 (Report 14-028).
B. FINANCE AND AUDIT COMMITTEE B-1. Consider receiving the Monthly Budget Update for the month of November, 2013 (Report 14-017). B-2. Consider receiving of the Monthly Report on Investments for the month of November, 2013 (Report 14-016). B-3. Consider review of Board Policy 302 – Introduction to Fiscal Policies, with no amendments recommended (Report 14-019). B-4. Consider authorizing the General Manager to execute a funding agreement with the Center for Transportation and the Environment for pass-thru Federal Transit Administration National Fuel Cell Bus Program funds for maintenance, service, and support of the fuel cell bus fleet (Report 14-052). B-5. Consider adoption of Resolution No. 14-007 authorizing the General Manager or his designee to file and execute applications to the Metropolitan Transportation Commission for FY 2013-14 Transit Performance Initiative Incentive Program funds (Report 14-055). B-6. Consider adoption of Resolution No. 14-008 authorizing the General Manager or his designee to file and execute applications with the Alameda County Transportation Commission for Cycle 5 Measure B Special Transportation for Seniors and People with Disabilities Gap Grant Program (Report 14-063). B-7. Consider approving amendments to Board Policy 308 – Accounting Policy (Report 14-020). B-8. Consider authorizing the General Manager to execute a funding agreement with the Alameda County Transportation Commission for Transportation for Clean Air grant funding for the Line 51 Corridor Project (Report 14-056). B-9. Consider adoption of Resolution No. 14-004 approving amendments to Board Policy 138 – Health and Welfare Benefits for Retired Elected Officials (Report 13-289a). B-10. Consider approving the disposal of retired buses and non-revenue vehicles through sale, or by means most advantageous to the District and authorize the General Manager to take any necessary action and execute documents to effectuate disposal (Report 14-027). B-11. Consider adoption of Resolution No. 14-002 approving Board Policy 357 – Disposition of Lost and Unclaimed Property (Report 14-029). C. SPECIAL PLANNING COMMITTEE C-1. Consider authorizing the General Manager to sign the East Bay Bus Rapid Transit Operation and Maintenance Agreement with Caltrans (Report 14-053). Alameda-Contra Costa Transit District
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Dennis Butler 891-4798 Dennis Butler 891-4798
Lewis Clinton 891-4752 Lewis Clinton 891-4752 Lewis Clinton 891-4752 Tom Prescott 891-7221
Tom Prescott 891-7221
Tom Prescott 891-7221
Lewis Clinton 891-4752 Tom Prescott 891-7221
David Wolf 891-7178 James Pachan 891-7215
Tom O’Neill 891-7278
Dennis Butler 891-4798
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C-2.
Consider authorizing the General Manager to sign the third party utility agreements associated with the East Bay Bus Rapid Transit Project with Pacific Gas & Electric, the East Bay Municipal Utility District, and AT&T (Report 14-054).
6.
CONSENT CALENDAR ADDENDA
7.
AGENDA PLANNING
8.
GENERAL MANAGER’S REPORT
9
BOARD/STAFF COMMENTS
10.
ADJOURNMENT Next Regular Meeting: February 12, 2014, at 5:00 p.m.
Dennis Butler 891-4798
The Board is requested to authorize as recommended from the committee meetings above.
David Armijo
(Government Code Section 54954.2)
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BOARD OF DIRECTORS CONSENT CALENDAR
January 22, 2014 Agenda Item 3A – 3C
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BOARD OF DIRECTORS ALAMEDA-CONTRA COSTA TRANSIT DISTRICT MINUTES Regular Meetings of the Board of Directors and the Planning, Operations, External Affairs and Finance and Audit Committees AC Transit General Offices 2"d Floor Board Room 1600 Franklin Street Oakland, CA 94612 Wednesday, December 11, 2013 at 5:00 p.m. Closed Session: 3:30 p.m. (Items 9A-D) Committee meetings will commence when the Board of Directors recesses to a Committee of the Whole
MEMBERS OF THE BOARD OF DIRECTORS
GREG HARPER, PRESIDENT {WARD 2) JOE WALLACE, VICE PRESIDENT (WARD 1) ELSA ORTIZ (WARD 3) MARK WILLIAMS (WARD 4) JEFF DAVIS (WARD 5) JOEL YOUNG (AT-LARGE) H. E. CHRISTIAN PEEPLES (AT-LARGE) BOARD OFFICERS
DAVID J. ARMIJO, GENERAL MANAGER DAVID A. WOLF, GENERAL COUNSEL LINDA A. NEMEROFF, DISTRICT SECRETARY
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BOARD OF DIRECTORS MEETING- Greg Harper, President Wednesday, December 11, 2013 at S:OO p.m.
ACTION SUMMARY
! The Alameda-Contra Costa Transit District Board of Directors held a regular meeting on Wednesday, December 11, 2013. The meeting was called to order at 3:30 p.m. for the purpose of Closed Session. All Board members were present with the exception · of Director Young who arrived at 3:4S p.m. The District Secretary announced that the Board would convene in Closed Session to discuss Items 9A·D as listed on the agenda. Closed Session concluded at 5:04 p.m. At 5:11 p.m., President Harper called the Board of Directors meeting I to order. I 1.
ROLL CALL Present: Ortiz, Williams, Davis, Peeples, Young, Wallace, Harper
2. PRESENTATIONS 2A. All Door Boarding Implementation and Review.
INFORMATION ONLY
{A copy of the PowerPoint presentation is incorporated into the file by ! reference.] ' Jason Lee of the San Francisco Municipal Transportation Agency gave an overview ofthe agency's implementation of all door boarding. Members of the Board inquired about the following: Fraud and revenue loss; Fare inspectors; Alternative staffing models; Training for fare inspectors; Monthly pass usage; Citations and fine payment rate; and Fare box recovery ratio. Mr. Lee advised that the next phase of study would involve a comprehensive evaluation of fare revenue, fare compliance, citation issuance and overall travel time changes. Public Comment: Jerry Grace asked when was the last time AC Transit boarded passengers through the back door of a bus. The item was presented for information only.
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2B. Innovative Procurement Strategies- Leadership APTA Class of 2013.
INFORMATION ONLY
{A copy of the PowerPoint presentation is incorporated into the file by reference.] Director of Legislative Affairs and Community Relations Beverly Greene gave the presentation. Members of the Board requested to see case studies of procurements as well as the team's report. The item was presented for information only.
3.
GENERAL MANAGER'S REPORT General Manager David Armijo reported on the following: Rollout ofthe new GFI fare box (video shown); Travel to Washington, D.C. related to legislative matters; Participation in the Oakland Children's Holiday Parade; Operation of the Holiday Bus; Service changes effective on December 15, 2013, with new service in South Alameda County;
INFORMATION ONLY
The item was presented for information only. 4.
PUBLIC COMMENT Jane Kramer commented on transparency and accountability with regard to the erosion of Board credibility and prerogative with regard to a suggestion by TransForm that it assist the District with the BRT Project. Patrick McKay commented that he was tired of being charged for his Clipper card and it was getting to the point where he did not want to ride the bus anymore. He said that the drivers on line 97 did not like him and asked the Board to look into it. Jerry Grace commented that he did not like the fares going up and that he just found out a lot of buses got cut and he hoped the operators did not strike. Yvonne Williams, President/Business Agent of ATU Local 192, commented that the workforce has been traumatized by constant surveillance on their jobs, shootings, stabbings and robberies on the bus as well as badgering and bullying by management. She commented on the sign-up process the previous weekend and the court hearing earlier in the day where AC Transit was not found in contempt and the union was invited to file an unfair labor practice against AC Transit. She told the Board to pay more attention to the needs of the riding public and workers in order to avert a possible work stoppage on December 22, 2013, at 11:59 p.m.
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APPROVED OR RECEIVED AS INDICATED
CONSENT CALENDAR
5.
MOTION: PEEPLES/WALLACE to approve the consent calendar as presented. The motion carried by the following vote: AYES:7: Peeples, Wallace, Ortiz, Williams, Davis, Young, Harper SA. Consider approving Board of Directors and Standing Committee ! minutes of November 13, 2013.
SB. Consider receiving the Accessibility Advisory Committee minutes of September 10, 2013 (Report 13-255).
SC. Consider receiving quarterly Retirement Board Report (Report 13296).
6.
l REGULAR CALENDAR
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GA. Consider adoption of Resolution No. 13-046 amending Board Policy ! APPROVED WITH 328 (Fare Policy) to include the provision of a day pass fare instrument, to delete transfers as a fare instrument, to provide discounts for Clipper card usage, and amend the fare increase schedule effective July 1, 2014; and determine that the fare adjustments are exempt from the California Environmental Quality Act (Report 13-240d).
I MODIFICATIONS
!
{The following documents were provided at the meeting for the Board's review and consideration: Resolution No. 08-051 Reconfirming the Commitment Contained in Resolution Na. 2141 to Maintain Discounted Passes for Youth, Seniors and the Disabled below what is required by Federal and/or State Law, contingent on the Passage of a Measure on the November 4, 2008 General Election to Increase and Extend the Existing Parcel Tax in Special Transit District One; Public Comments received after the close of the public hearing.]
l Director
1
of Project Controls and Systems Analysis John Haenftling presented the staff report.
Director Peeples commented that he had twice asked for data on the number of people who took more than four rides a day, and what the figures were.
I Title VI
Coordinator Sally Goodman responded that the information I from the 2008-2009 survey showed that the percentage of people that I rode four or more buses for a one-way trip was 4.6%, while 54% of r riders needed only one bus to complete a one-way trip, with 46% needing more than one bus. In addition, she added that when riders f
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were asked if their trip was part of a round trip, figures from this year's study showed that 98% said that their trip was part of a round trip and that in the 2008-2009 survey it was only 58%. Director Ortiz commented that the Board in 2011 approved automatic fare increases, which would have resulted in much higher fares than what is being proposed. President Harper said he liked the fare proposal because frequent riders would be rewarded by saving money and this would hopefully increase ridership. He applauded staff for coming up with a proposal that helped most riders while providing more revenue for the District and supporting Clipper usage. Director Peeples argued that the day pass was a doubling of the fare for most people, noting that many people make a roundtrip using transfers. He also commented on the resolution adopted by the Board in 2008 which stated the Board's commitment to keep fares for youth, seniors and the disabled low, adding that it was a promise that should be honored. He went on further to add that the proposal would disadvantage the Hispanic community given their high use of cash to pay the fare. Director Davis expressed that while no one wanted to see a fare increase, the intent was to move people away from paying cash by using Clipper instead. He also said that Clipper accessibility is a problem and staff needed to look at the feasibility of Clipper vending machines. Public Comment: The following individuals spoke in opposition to the fare proposals and commented on the increase in the youth/senior/disabled fare; requested affordable fares; better Clipper card access; economic inequality and unfair economic advantages; the need for a 24-hour day pass; the elimination of transfers; the increase in the cost of living; and the need for a free youth pass: Zoe Levitt, Alameda County Health Department, Office of the Director Dave Lyons, AC Transit Operator Tamika Williams Andrea Bell, ACCE Makayla Major, ACCE Lovinya Major Myesha Williams, Rose Foundation Malcolm McAroy Miguel Mendoza Alameda-Contra Costa Transit District
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Robert Willis, Rose Foundation Jill Ratner, Rose Foundation Kathy Vaquilar, ACCE David Vartanoff Jerry Grace Jane Kramer Sara Desumaia MOTION: PEEPLES/WILLIAMS to reject the increase in the youth/senior/disabled pass on the basis that the Board needed to keep its promise if it expected the public to vote for parcel tax measures. The motion carried by the following vote: AYES:4: Peeples, Williams, Young, Vice President Wallace NOES:3: Ortiz, Davis, Harper MOTION: WALLACE/WILLIAMS to not eliminate transfers at this time and only eliminate transfers when time and study called for it and when the performance of bus services was at such a peak that i transfers would not be necessary. The motion failed by the following ! vote: AYES:3: Wallace, Williams, Young NOES:4: Ortiz, Davis, Peeples, Harper MOTION: DAVIS/ORTIZ to adopt Resolution No. 13-046 amending Board Policy 328 (Fare Policy) to include the provision of a day pass fare instrument, to delete transfers as a fare instrument, to provide discounts for Clipper card usage, and amend the fare increase schedule effective July 1, 2014; and determine that the fare adjustments are exempt from the California Environmental Quality Act. [The proposed increase in the Youth/Senior/Disabled pass was rejected.] The motion carried by the following vote: AYES:G: Davis, Ortiz, Williams, Peeples, Young, Harper NOES:l: Wallace GB. Consideration of options for the allocation of AB 1107 funds to Special Transit Service District No. 2 (DistrictZ) (Report 13-134a).
APPROVED WITH MODIFICATIONS
{The following documents were presented for discussion: 1} Measure VV Analysis 2012-13 without Accurate Farebax Apportionment and related attachments (submitted by President Harper), and 2) Draft amendments ta Resolution Na. 13-051 (submitted by Director Ortiz).] Chief Financial Officer Lewis Clinton presented the staff report.
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Director Ortiz recognized Director Davis for his efforts to secure more money for District 2, but expressed concern because District 1 had approved several parcel tax measures yet some areas in the Oakland Hills and Grass Valley had not seen the benefit while, in her estimation, District 2 had seen an indirect benefit from Measure VV. Director Ortiz went on further to say that in order to justify the transfer . of funds to District 2 to the taxpayers that had approved parcel taxes, I the funds should not be used to increase bus service and proposed I amendments to Resolution No. 13-051, which are incorporated into I the file by reference. Director Davis commented that the service level in District 2 would rise I and fall based on fluctuations in total revenue hours. He added that he I was amenable to the proposed amendments to the resolution, noting I that the Board could change the service level percentage in the future. i Mr. Clinton recapped the discussion noting that the Board approved the total service hours on an annual basis through the budget process, and the current allocation of service (11.67%) would stay the same and AB1107 revenue would, from an accounting standpoint, be allocated at a rate of 11.67% to District 2.
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Vice President Wallace shared the concerns raised by Director Ortiz. Director Peeples pointed out that an aggressive oversight committee reviewed how Measure VV monies were spent and determined that District 1 was not transferring money to District 2
!1
MOTION: ORTIZ/WALLACE to approve the proposed amendments to Resolution No. 13-051 as follows: •
Strike the word "approximately" from Section 1.
•
The transfer of the funds identified in Section 1 shall not be used to increase the current level of bus service or service hours provided in Special Transit Service District No. 2 unless a new source of revenue to fund the additional service is secured by Special Transit Service District No.2.
•
Any enhancement in the current level of bus service is permitted as long as it remains within the 11.67% service level.
Alameda~Contra
(New) Section 2.
(New) Section 3.
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•
(New) Section 4. The Board of Directors must approve any increase in the service hours in Special Transit Service District No. 2 above the 11.67% service level.
The motion carried by the following vote: AYES:7: Ortiz, Wallace, Williams, Davis, Peeples, Young, Harper MOTION: DAVIS/ORTIZ to approve Resolution No. 13-051 as amended directing staff to implement the allocation of AB 1107 funds to Special Transit Service District No. 2 commencing in the 2014-15 fiscal year. The motion carried by the following vote: AYES:7: Davis, Ortiz, Williams, Peeples, Young, Wallace, Harper I
6C. I Consider authorizing the General Manager to enter into a lease
APPROVED
I agreement for office space located at 3322 International Boulevard in I Oakland for the Bus Rapid Transit Community Outreach Center I (Report 13-160a). j
l [Photos of the subject property were presented at the meeting for i' review and are incorporated into the file by reference.]
I Real
Estate Manager Hallie llamas presented the staff report.
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!; Public Comment: ! • Claudia Burgos spoke on behalf of Oakland City Councilmember Noel Gallo in support of the Community Outreach Center. J• Joel Ramos announced TransForm's support for the project and the opening of the center, noting that TransForm had been facilitating outreach efforts for the project. He added that having a location where the public can access information would be a tremendous resource toward building awareness of the project.
I MOTION: YOUNG/WALLACE to authorize the General Manager to enter I into a lease agreement for office space located at 3322 International I Boulevard in Oakland for the Bus Rapid Transit Community Outreach J
Center. The motion carried by the following vote:
II AYES:7: Young, Wallace, Ortiz, Williams, Davis, Peeples, Harper i
6D.I Consider scheduling a special meeting for a Board Retreat on January i 29, 2014, and approval of the draft agenda (Report 13-310).
APPROVED
!
I CONSENSUS
to schedule a special meeting for a Board Retreat on
i January 29, 2014, and approve the draft agenda. (7) Alameda-Contra Costa Transit District
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6E. Announcement of appointments to the Nominating Committee for the selection of President and Vice President for 2014. (verbal)
APPOINTMENTS ANNOUNCED
President Harper announced the appointment of Vice President Wallace, Director Davis and Director Williams to the Nominating Committee for the selection of President and Vice President for 2014. Vice President Wallace to serve as committee chair. RECESS TO STANDING COMMITTEES (as the Committee of the Whole) The Board meeting recessed to the Standing Committees at 7:33p.m. ALL COMMITTEES ARE ADVISORY ONLY. A.
PLANNING COMMITTEE- Mark Williams, Chairperson The Planning Committee convened at 7:33 p.m. All Committee members were present. Public Comment (for items not on the agenda) There was no public comment offered. Briefing/Action Items:
! ..···'1
Consider recommending approval of the process for updating the ! RECOMMEND '! District's Title VI policies and related activities (Report 13-305}. RECEIPT
A-1.
Title VI Coordinator Sally Goodman presented the staff report, noting that staff was recommending receipt of the report. MOTION: PEEPLES/ORTIZ to forward to the Consent Calendar Addenda recommending receipt; Director Young, Vice President Wallace- out of seats (5-0-0-2). A-2.
ACTION SUMMARY
Consider recommending receipt of report on the District's efforts to implement Traffic Signal Priority (TSP) on Line 51, Bus ' Rapid Transit and other corridors as well as lessons learned from previous TSP installations [Requested by Director Harper - 9/30/09) (Report 13-223}.
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! evaluate and
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RECOMMEND RECEIPT
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Traffic Engineer Wil Buller presented the staff report and addressed technical questions from the Committee. , MOTION: ORTIZ/PEEPLES to forward to the Consent Calendar Addenda i
! recommending receipt; Director Young, out of seat {6-0-0-1). '
A-3.
Consider recommending receipt of report on the process to expand service (Report 13-277}.
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RECOMMEND RECEIPT
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i Director of Service Development Robert del Rosario presented the staff report. MOTION: ORTIZ/PEEPLES to forward to the Consent Calendar Addenda recommending receipt; Vice President Wallace, out of seat (6-0-0-1). A-4.
Consider recommending receipt of the third quarter report on the · RECOMMEND East Bay Bus Rapid Transit Project (Report 13-274). RECEIPT BRT Program Director David Wilkins presented the staff report. MOTION: PEEPLES/YOUNG to forward to the Consent Calendar Addenda recommending receipt (7). The Planning Committee adjourned at 7:57p.m.
B.
OPERATIONS COMMITTEE- Joe Wallace, Chairperson The Operations Committee convened at 7:57 p.m. All Committee I ! members were present.
ACTION SUMMARY
Public Comment (for items not on the agenda) There was no public comment offered. Briefing/Action Items: B-1.
Consider recommending approval of amendments to Board Policy 108 - Claims and Lawsuits: Settlement Authorizations, and the adoption of Resolution No. 13-050 establishing the authority for the settlement of claims and lawsuits and the repeal of Resolution No. 1155 (Report 13-290a).
RECOMMEND APPROVAL
General Counsel David Wolf presented the staff report and an overview of the amendments. Director Ortiz inquired about the process used to reach settlements and the interaction between the General Counsel and General Manager's offices. President Harper stated that the District needed to start thinking like an insurance company and be more aggressive and, overall, more proactive in settling claims early in the process. MOTION: PEEPLES/WILLIAMS to forward to the Consent Calendar Addenda recommending approval (7). The Operations Committee adjourned at 8:15 p.m.
Alameda-Contra Costa Transit District
December 11, 2013 20
Page 10 of 18
c.
EXTERNAL AFFAIRS COMMITIEE- Elsa Ortiz, Chairperson The External Affairs Committee convened at 8:15 p.m. All Committee members were present.
ACTION SUMMARY
Public Comment (for items not on the agenda) Jerry Grace asked if someone could check and find out why the Paratransit vans always break down or do not show up. Briefing/Action Items: C-1.
Consider recommending receipt of the Monthly Legislative Report and approval of legislative positions (Report 13-298).
RECOMMEND RECEIPT
Director of Legislative Affairs and Community Relations Beverly Greene presented the staff report and gave an overview of federal legislative matters, including: • Announcement of a budget agreement for FY14 and FY15; Budget agreement to raise discretionary spending by $16 billion over the next two years and increase overall discretionary spending to $1.012 trillion this year and $1.014 trillion in FY15; Elimination of sequestration spending cuts over the two fiscal years; Both houses have until January 151h to act before current spending runs out; Travel to Washington, D.C. for meetings with Representatives Barbara Lee and Eric Swalwell to update them on AC Transit projects, services and programs, and the need for funding for the Bus Rapid Transit Project in the FY15 budget year; Attendance at the American Public Transportation Association Legislative Committee meeting; and Meetings with the Federal Transit Administration to discuss the final , '' installment of the Small Starts Allocation in the FY15 budget. General Manager David Armijo added that it would be a difficult budget battle ahead, noting that there is uncertainty whether funding would be available for all projects. He added that if AC Transit can meet the timeline for submitting the Small Starts Grant Agreement, AC Transit could receive full, partial or a promise of future funding. MOTION: WILLIAMS/PEEPLES to forward to the Consent Calendar Addenda recommending receipt (7).
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C-2.
Consider recommending approval to exercise the first one-year option to extend the advertising contract with Titan through June 30, 2015; and approve a one-year pilot program to evaluate issues associated with allowing Titan to sell full bus wraps on up to five percent {5%) of the District's fleet (Report 09-128b).
RECOMMEND APPROVAL
Marketing Administrator Karen Bakar presented the staff report. Ms. Bakar advised that the pilot program would only be for one year. Director Peeples· indicated that while he supported the option to extend the contract, he would not support the pilot program to evaluate full bus wraps because of their impact on the rider experience l and because he felt they would impede law enforcement.
I MOTION: HARPER/YOUNG to forward to the Consent Calendar Addenda recommending approval; Director Peeples, No. (6-1). C-3.
Consider recommending approval to reappoint Hale Zukas as AC Transit's representative on the Alameda County Transportation Commission's Paratransit Advisory Planning Committee (Report 13309).
!
i
i
l I
i
RECOMMEND APPROVAL
! i
I There was no presentation of the staff report. !
MOTION: YOUNG/WILLIAMS to forward to the Consent Calendar Addenda recommending approval (7). The External Affairs Committee adjourned at 8:35 p.m.
D.
i FINANCE AND AUDIT COMMITTEE- Jeff Davis, Chairperson The Finance and Audit Committee convened at 8:35 p.m. All Committee members were present.
i
ACTION SUMMARY
Public Comment (for items not on the agenda) There was no public comment offered. Consent Items: l MOTION: PEEPLES/ORTIZ to forward to the Consent Calendar Addenda recommending receipt (7).
1
D-1.
Consider recommending receipt of the Report on Investments for September, 2013 (Report 13-282).
D-2.
Consider recommending receipt of the Report on Investments for l October, 2013 (Report 13-308).
RECOMMEND RECEIPT
I
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December 11, 2013
22
Page 12 of 18
D-3.
Consider recommending receipt of the Monthly Budget Update for l October, 2013 (Report 13-283). Briefing/Action Items:
D-4.
Consider recommending receipt of report from the District Parcel Tax Fiscal Oversight Committee on FY 2012-13 Measure VV Tax Proceeds for the Year Ended June 30, 2013 (Report 13-302).
!
RECOMMEND RECEIPT
[The following documents were presented for discussion: 1} Measure VV Analysis 2012-13 without Accurate Farebax Apportionment; 2} ,! Schedule af Revenues and Expenses by Service Area, 3} Nates to' the ,i i Basic Financial Statements; and 4} Schedule af Service Hours and ' Service Miles. Chief Financial Officer Lewis Clinton presented the staff report and an overview of the discussion from the Parcel Tax Oversight Committee I . meet ;ng. ; Chair Davis asked Mr. Clinton to clarify what expenses Measure VV Mr. Clinton advised that pursuant i to the ballot measure language, the proceeds from the tax were for the operation and maintenance of bus service and all activities necessary , i to provide it, including equipment, supplies, fuel, lubricants, personnel, ! etc.
I funds were eligible to be spent on.
i
Director Peeples advised that he had spoken with several members of the committee and they were very pleased with the materials supplied by stafffor this year's meeting. 1
: President Harper commented that he would not vote for the item j because, in his opinion, the report did not show whether or not 1 Measure VV funds were leaking out of District 1 into District 2. He said that the reason he liked the idea of allocating AB1107 funds to District 2 is because he could honestly say that no Measure VV money was going to District 2. 1
MOTION: WALLACE/PEEPLES to forward to the Consent Calendar Addenda recommending receipt; President Harper, No (6-1). Consider recommending that the General Manager be authorized to execute a contract amendment with Buck Consultants, LLC for actuarial services to increase the not to exceed funding amount to $712,164 (Report 09-171a).
D-5.
I !
RECOMMEND APPROVAL
Chief Financial Officer Lewis Clinton presented the staff report.
! Alameda-Contra Costa Transit District
December 11, 2013 23
Page 13 of 18
MOTION: ORTIZ/WALLACE to forward to the Consent Calendar Addenda recommending approval (7). D-6.
Consider recommending adoption of amendments to Board Policy 350- Procurement Policy (Report 13-306).
RECOMMEND APPROVAL
Chief Performance Officer Tom Prescott presented the staff report and provided an overview ofthe proposed amendments. Director Ortiz commented that she hoped sole source procurements would not be abused and that contractor performance was taken seriously. Director of Procurement Jon Medwin advised that a sole source procurement would likely result in an audit when federal funds were involved. He added that sole source procurements had to be justified and that even an emergency situation did not justify a sole source. He also said that staff was being instructed to notify the procurement department of problems with contractors or vendors and trained to ensure procurement files were documented. He added that positive performance of vendors also needed to be documented. MOTION: ORTIZ/WILLIAMS to forward to the Consent Calendar Addenda recommending approval; Director Young, out of seat {6-0-01). D-7.
Consider recommending approval of the fifth amendment to the contract with Best Contracting Services, Inc. for work associated with the General Office Chiller/Heating, Ventilation, and Air Conditioning Replacement Project, and authorize the General Manager to take further action necessary to fully closeout the contract, including execution of any related laws or release (Report 13-307).
RECOMMEND APPROVAL
Chief Performance Officer Tom Prescott presented the staff report, including an overview of the circumstances leading up to the contract amendment. Director Ortiz commented that the prior contract and amendments should have been brought to the Board for approval given that the Board Policy at the time required that any modification or change to the contract in excess of 15% of the original contract price or any material change in the terms or conditions had to come to the Board. She said that she hoped a situation like this did not happen again. President Harper commented that the negotiations that had taken place to close out the contract were very effective given the size of the contract and unanticipated additional work that was required. Alameda-Contra Costa Transit District
December 11, 2013 24
Page 14 of 18
Public Comment: Jerry Grace commented that the District offices used to be located on 181h Street and Telegraph Avenue before moving to Franklin Street. He also said that the building and the buses had heating and cooling issues in the past. MOTION: YOUNG/HARPER to forward to the Consent Calendar Addenda recommending approval (7). D-8.
Consider recommending the adoption of Resolution No. 13-049 authorizing the General Manger, or his designee, to file and execute applications with the Metropolitan Transportation Commission for Cycle V Federal Transportation Administration Section 5317 New Freedom Funds (Report 13-303).
RECOMMEND APPROVAL
There was no presentation of the staff report. MOTION: WILLIAMS/WALLACE to forward to the Consent Calendar Addenda recommending approval (7). D-9.
Consider recommending receipt of a status report regarding Districtowned real property leased to others (Report 13-264).
RECOMMEND RECEIPT
Real Estate Manager Hallie Llamas presented the staff report. MOTION: ORTIZ/PEEPLES to forward to the Consent Calendar Addenda recommending receipt (7). The Finance and Audit Committee adjourned at 9:27p.m. RECONVENE BOARD OF DIRECTORS MEETING- Greg Harper, President The Board of Directors meeting reconvened at 9:27 p.m.
ACTION SUMMARY
7.
REPORTS OF STANDING COMMITTEES District Secretary Linda Nemeroff reported that all of the items from the Planning, Operations, External Affairs and Finance and Audit Committee meetings had been referred to the Consent Calendar Addenda recommending receipt, approval or adoption as presented with the following deviations: Items A-1 and C-1 were forwarded for receipt.
REPORT GIVEN
8.
CONSENT CALENDAR ADDENDA MOTION: ORTIZ/PEEPLES to receive, approve or adopt the items referred to the Consent Calendar Addenda as indicated on the agenda. The motion carried by the following vote:
RECEIVED, APPROVED OR ADOPTED AS INDICATED
Alameda-Contra Costa Transit District
December 11, 2013
25
Page 1S of 18
AYES:7:0rtiz, Peeples, Williams, Davis, Young, Wallace, Harper NOES: Peeples (Item C-2 only), Harper (Item D-4 only).
The items brought before the Board were as follows:
A.
PLANNING COMMITTEE:
A-1.
Consider approving the process for updating the District's Title VI : policies and related activities (Report 13-305). A-2. Consider receiving report on the District's efforts to evaluate and implement Traffic Signal Priority (TSP) on Line 51, Bus Rapid Transit and other corridors as well as lessons learned from previous TSP installations [Requested by Director Harper- 9/30/09] (Report 13-223). A-3. ! Consider receiving report on the process to expand service (Report 13- 1 1277). i 1 A-4. Consider receiving the third quarter report on the East Bay Bus Rapid Transit Project (Report 13-274).
B. OPERATIONS COMMITTEE: B-1.
Consider approving amendments to Board Policy 108 - Claims and 1 Lawsuits: Settlement Authorizations, and the adoption of Resolution I No. 13-050 establishing the authority for the settlement of claims and l lawsuits and the repeal of Resolution No. 1155 (Report 13-290a).
I
!
C. ! EXTERNAL AFFAIRS COMMITTEE: C-1.
Consider receiving the Monthly Legislative Report and approval of legislative positions (Report 13-298). C-2. Consider approval to exercise the first one-year option to extend the advertising contract with Titan through June 30, 2015; and approve a one-year pilot program to evaluate issues associated with allowing Titan to sell full bus wraps on up to five percent (5%) of the District's ! fleet (Report 09-128b). C-3. 1 Consider approving the reappointment Hale Zukas as AC Transit's representative on the Alameda County Transportation Commission's Paratransit Advisory Planning Committee (Report 13-309).
D. D-1. D-2. D-3. D-4.
FINANCE AND AUDIT COMMITTEE: Consider receiving Report on Investments for September, 2013 (Report 13-282). Consider receiving Report on Investments for October, 2013 (Report 13-308). Consider receiving the Monthly Budget Update for October, 2013 (Report 13-283). Consider receiving report from the District Parcel Tax Fiscal Oversight Committee on FY 2012-13 Measure VV Tax Proceeds for the Year Ended June 30, 2013 (Report 13-302).
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December 11, 2013 26
Page 16 of 18
D-5.
D-6. D-7.
D-8.
Consider authorizing the General Manager to execute a contract ' amendment with Buck Consultants, LLC for actuarial services to increase the not to exceed funding amount to $712,164 (Report 09171a). Consider adoption of amendments to Board Policy 350 - Procurement , Policy (Report 13-306). Consider approving the fifth amendment to the contract with Best Contracting Services, Inc. for work associated with the General Office Chiller/Heating, Ventilation, and Air Conditioning Replacement Project, and authorize the General Manager to take further action necessary to fully closeout the contract, including execution of any related laws or ! release (Report 13-307). , Consider adoption of Resolution No. 13-049 authorizing the General i Manger, or his designee, to file and execute applications with the I Metropolitan Transportation Commission for Cycle V Federal Transportation Administration Section 5317 New Freedom Funds (Report 13-303). i Consider receiving status report regarding District-owned real property i leased to others (Report 13-264). i
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l
D-9.
9.
CLOSED SESSION/REPORT OUT General Counsel David Wolf reported out on the following: MOTION: YOUNG/PEEPLES to approve settlement in the amount of $100,000 in the matter of Gilda Chavez v. AC Transit, ACSC No. RG13674485; Claim No. 11-3923. The motion carried by the following
I
REPORT GIVEN
!
'
~e:
AYES:7: Young, Peeples, Ortiz, Williams, Davis, Wallace, Harper MOTION: YOUNG/PEEPLES to approve settlement in the amount of $475,000 in the matter of Sheila Jones v. AC Transit, ACSC No. RG12620431, Claim No. 11-4149. The motion carried by the following vote: AYES:7: Young, Peeples, Ortiz, Williams, Davis, Wallace, Harper No other reports were given. 9A.
Conference with Legal Counsel - Existing Litigation (Government Code Section 54956.9 (al)
Na/lely Gonzalez v. AC Transit, ACSC Case No. RG12638271; Claim No. 10-2092 Sheila Jones v. AC Transit, ACSC No. RG12620431; Claim No. 11-4149 Gilda Chavez v. AC Transit, ACSC No. RG13674485; Claim No. 11-3923 Arul Edwin v. AC Transit, ACSC Case No. RG12637734; Claim No. 12-1954
Alameda-Contra Costa Transit District
December 11, 2013 27
Page 17 of 18
9B.
Conference with Legal Counsel- Potential Litigation (Government Code Section 54956.9(b)) (Two Cases)
9C.
Conference with Labor Negotiators (Government Code Section 54957.6} : Agency Designated Representative: David J. Armijo, General Manager Employee Organizations: ATU Local 192, AFSCME Local 3916, IBEW Local 1245, Unrepresented Employees
9D.
Public Employee Performance Evaluation (Government Code Section 54957} Title: General Manager, General Counsel, District Secretary
10.
12.
AGENDA PLANNING There were no new items added to Agenda Planning. BOARD/STAFF COMMENTS Members of the Board commented on meetings and events attended 1
I
since the last meeting.
13.
ADJOURNMENT I There being no further business to come before the Board of Directors, I the meeting was adjourned at 9:25 p.m. The next meeting of the Board I of Directors is scheduled for Wednesday, January 8, 2014. 1
Respectfully submitted,
~:~~ District Secretary
Alameda-Contra Costa Transit District
December 11, 2013
28
Page 18 of 18
Staff Report 14-013
Approved Minutes Special Meeting of the AC TRANSIT RETIREMENT BOARD December 17, 2013
ROLLCALL
Vice Chair Williams called the meeting to order at 12:12 PM Members Present: Lewis Clinton, Davis Riemer, and Vice Chair Yvonne Williams, -- 3 Absent at Roll Call: Member Joyce Willis -- I Members Absent: Chair, Jeffrey Lewis-- I Also Present: Hugo Wildmann, Retirement System Manager; Adelle Foley, Retirement System Administrator; Russell Richeda, Legal Counsel; (the following individuals were at part of the meeting) H.E. Christian Peeples, District Board Liaison, Carolyn Smith, and Kevin Novak, NEPC. PUBLIC COMMENTS
None CONSENT CALENDAR MOTION: CLINTON/RIEMER to adopt the Consent Calendar. (3-0-0-2)
Ayes: Noes: Abstain: Absent:
Members Clinton, and Riemer, and Vice Chair Williams. -- 3 None None Member Joyce Willis and Chair Jeffrey Lewis -- 2
APPROVED A. Approval of Minutes for November 5, 2013. APPROVED B. Approval ofFinancials for October 2013 APPROVED C. Approval oflnvoices in the Amount of$144,020.47 APPROVED
29
AC Transit Retirement Board December 17, 2013
D. Approval of Retirements for January 2014 1. 2. 3. 4. 5. 6. 7.
Paul Ardoin Jora Dabaliwal Gloria Hollans Jerome Holmes Harriet Robbins Lowell Ronolo John Rudniski
#32023 #33031 #30290 #1995 #31912 #31222 #41276- Term Vested
APPROVED
REGULAR CALENDAR E. Approval of Retirements for September and December 2013 and January 2014: With conditions, if any: 1 Martin Cole
2 3
Leila Davis Aubrey Johnson
4 Robert McGill 5 Larry Medler 6
Lyna Williams
7 8
Arthur Williams Patricia Bellard
9
Alneda Smith
#30360 (January)- Holding back estimated amount pending completion of Domestic Relations Order #40207 (December) #31988 (January)- Contingent upon completion of Benefit Option form in December. #32095 (January) -- Contingent upon completion of Benefit Option form in December. #32207 (December) #31017 (December) Holding back estimated amount pending completion of Domestic Relations Order #30316 (December)- Term Vested #30871 (December)- Conversion to Service Retirement #31698 (September)
MOTION: RIEMER/CLINTON to approve the nine retirements listed above effective September, and December 1, 2013 and January 2014, subject to the conditions as stated. (3-0-0-2) The Board congratulated retiree Jerome Holmes for 32 years of service, retiree Gloria Hollans for 29 years of service, and retiree Martin Cole for 27 years of service. (Member Joyce Willis joined the meeting at this point.) (Carolyn Smith, NEPC, joined the Board for Agenda Items F through L) F. Investment Performance Update
2 30
AC Transit Retirement Board December 17, 2013
Hugo reported that the Plan had done very well during 2013, returning about 13% through mid-December, with managers generally outperforming their benchmarks. He stressed that these results should not be expected every year. Carolyn distributed the "Flash Report," which showed performance through November, net of fees. She noted that small cap growth equities were the top performers, returning 4.1% in November and 40% for the year to date, and contributing to AC Transit's performance. Large cap equities rose almost 30%, year to date, while at the other end of the spectrum emerging market equities lost 1.2%, core bonds fell 1.5% and emerging market debt lost even more ground. Longer duration bonds were hurt by increases in interest rates. Carolyn told the Board that overall the Fund was up about 13% through November, outperforming both the policy index (index returns weighted by asset targets), and the allocation index (index returns applied to the actual allocation). Domestic equities rose 35% aided by strong performances by Dodge & Cox and Sands. She remarked that diversification did not help during 2013. Holdings of Emerging Market equities dampened the performance of the Fund's international managers, which underperformed their benchmark. Fixed Income losses could be traced to weakness in emerging market managers, particularly with Stone Harbor. The Global Asset Allocation portfolio underperformed its benchmark as well. (Kevin Novak, NEPC, joined the Board for Agenda Items G and I.) G. Asset Allocation and Rebalancing Update Hugo reported that the reallocation of funds from equities to fixed income managers, approved at the November meeting, had been completed, except for the $2 million to be placed with Emerging Market managers. Carolyn introduced Kevin Novak, an NEPC analyst who works on asset allocation. Kevin referred to the table in the NEPC Asset Allocation and Rebalancing Update, included in the Board Package, which presented the current status of the AC Transit portfolio, potential asset mixes (with and without private debt managers) expected returns, and the standard deviation of asset returns. Carolyn told the Board that NEPC is updating their projections. She expects the 2014 projections to be slightly lower, particularly those for small and mid-cap equities. She added that over the last 10 years NEPC's expected returns have decreased, except for 2009. Carolyn will report on the new projections and the impact on expectations for the AC Transit portfolio at the January or February Board meeting. Carolyn raised the possibility of conducting an asset/liability study in 2014. Hugo remarked that it is wise to be careful how much weight we put on economic forecasts.
3 31
AC Transit Retirement Board December 17, 2013
Carolyn noted that equities remain above their asset allocation targets because of the continued market rally. Hugo pointed out that small-cap equities account for one quarter of domestic equities, which he believes is a relatively large proportion, and could result in the Plan underperforming if small-cap equities underperform large-cap equities. He mentioned that a market weight would be less than I 0%. Carolyn said that most pension plans have a small cap allocation in excess of this amount. Member Riemer agreed that a 25% share could prove risky. The Board discussed possible reallocation of funds from small cap equities. MOTION: RIEMER/CLINTON to move $5 million from small-cap manager Dimensional Fund Advisor to Fixed-Income managers on a pro rata basis. (4-0-0-1)
H. Crescent Direct Lending Hugo recalled that when NEPC was hired, they had recommended moving funds out of domestic equities. The Board approved this strategy, and had diversified the portfolio, but had harbored doubts regarding some of the alternative investments. He recommended that the Board should decide if it wished to move forward with alternatives such as private debt, or limit the portfolio to stocks, bonds and real estate. With regard to Crescent Direct Lending, Hugo reported that Chair Lewis favored this investment, outside attorney Tom Hickey had reviewed Crescent for another public fund and found no problems, and the CIO of a public fund that is investing in private debt had given Crescent a positive report. Carolyn told the Board that she believes that Crescent is an attractive investment: it is not levered, and senior secured debt returns a premium because it is illiquid. Board Members discussed the possibility of moving forward with Crescent. Member Riemer expressed his concern that banks would move into this market, forcing Crescent to assume more risk in order to maintain an attractive return. Other members considered Crescent a source of diversification and returns. Carolyn reviewed the advantages of senior secured loans and covenants, which could provide the Fund some protection. Hugo cited the role of confidence in Crescent's knowledge and skill in making this decision. Hugo reminded the Board that this opportunity would close during the first quarter of 2014. The Board agreed to take action on this investment at the January 2014 meeting and to move forward administratively between the December and January meetings. MOTION: CLINTON/RIEMER to direct Hugo to work with Tom Hickey and Counsel Richeda to review Crescent's documents and to prepare for a potential investment in Crescent; and to authorize payment of a fee of $7,500 to Tom Hickey, who would meet with the Board in person or by phone in January. (4-0-0-1)
4 32
AC Transit Retirement Board December 17, 2013 I.
Asset Allocation Going Forward The Board agreed to table the discussion of Global Tactical Asset Allocation until all members are present. Kevin agreed to disaggregate information on these managers to reflect the underlying asset classes of holdings, on a quarterly basis, and their impact on the overall allocation of Plan assets.
J.
Custody Search and RFP Approval Hugo referred to the Master Trustee/Custodian Request for Proposal (RFP), prepared at the direction of the Board, and included in the Board Package. He recalled that he had been notified of a significant increase in the fees to be charged by State Street, the fund's custodial bank. He negotiated a 5% increase effective on January I, 2014 with the large increase effective July I, 2014. Hugo told the Board that few banks provide these services, so he does not expect a large response to the RFP. He recommended sending out the RFP this month. Hugo and NEPC would update the Board on a monthly basis in terms of the responses and the analysis of the responses. The Board would of course be consulted before any major decisions are made by either Hugo or NEPC. Director Peoples suggested that the Board might involve AC Transit's procurement staff. Counsel Richeda pointed out that the Retirement System would have the support of NEPC, which has considerable experience in handling RFPs, and that NEPC will issue the RFP.
MOTION: CLINTON/RIEMER to authorize NEPC to issue the RFP as proposed with a few minor edits. (4-0-0-1) Hugo and Carolyn will return to the Board with a recommendation for a custodial bank, and a comparison with other respondents. K. NEPC Work Plan Carolyn told the Board that NEPC would bring forward ideas for the 2014 work plan. The discussion will begin with a review of the big picture. Specific topics could include Emerging Market allocations, consideration of another private debt manager, small cap and international small cap and core real estate asset classes. L. Calendar for 2014 The January 2014 meeting will take place on Friday, January 10 at 12 Noon. There was general agreement to schedule presentations by managers that are doing poorly, and those representing asset classes of interest to the Board.
5 33
AC Transit Retirement Board December 17, 2013
Vice Chair Williams called a recess at 2:16 PM The meeting reconvened at 2:31 PM M. 2013 Actuarial Valuation (Receipt of Bound Copy) Hugo distributed the bound copy of the 2013 Actuarial Valuation. N. James Kyle Retirement Service Calculation Hugo reminded the Board that Mr. Kyle's September 2013 retirement had been calculated based on his service ending on his last day compensated (in 2005). Mr. Kyle claimed that his service should extend to his retirement date based on language in his union's (AFSCME's) collective bargaining agreement. Hugo reported that he had written to the District regarding Mr. Kyle's claim, and the District replied that it considered 2005 the appropriate end date. Hugo wrote to AFSCME, which indicated that the Union did not intent to pursue this question. Counsel Richeda will provide a memorandum on Mr. Kyle's service calculation for consideration at the January 2014 meeting.
0. Signed Quarterly Report #4 for the District Board Hugo referred to the signed copy of the fourth 2013 quarterly report, included in the Board Package. P. AB 1222,PEPRAandPlanAmendment 13-A-16 Hugo told the Board that all employee pension contributions collected under PEPRA!Plan Amendment 13-A-16 would be returned along with interest on December 20. Contributions were collected from about I 08 employees. He added that AC Transit General Counsel David Wolf had indicated that the District would develop a revised amendment during the first quarter of 2014. There is some uncertainly regarding the impact on non-ATU members "hired recently". All ATU employees fall under the "old Plan" (Pre-PEPRA). Counsel Richeda recalled that PEPRA could apply to transit workers if there is no judicial decision before January I, 2015. Q. Update on Calculation of Pension Benefit for Former Union Officer James Gardner Nothing to report. R. Website
6 34
AC Transit Retirement Board December 17, 2013 Hugo reported that general information, the Retirement Plan, forms, agendas and retiree information has been developed and will be available under the 'Careers" section of the AC Transit website. Retirement staff is waiting for a disclaimer. The Board welcomed the progress and hoped that the material would be available soon. Member Clinton reported that the District had adopted the Website as a priority in order to provide up-to-date information. S. Retirement System Manager Report I. Detroit Bankruptcy Ruling Hugo mentioned the ruling on Detroit's bankruptcy filing and the potential impact on vested pension rights. Counsel Richeda noted that the laws vary by state. Detroit is developing a plan to change retirement benefits. These developments could eventually affect our Plan, but the question of vested pension rights is expected to reach the US Supreme Court. 2. Public Records Request Staff received a public records request, which was also sent to many other retirement systems. Hugo responded that we have some of the information, but would have to charge to develop other data. 3. CALAPRS Advanced Principles of Pension Management for Trustees (Jan 22-24 UCLA) MOTION: CLINTON/WILLIS to approve attendance at the January 22-24 session at UCLA for Member Riemer (4-0-0-1)
4. CALAPRS Administrators Roundtable (January 24, Burbank) 5. CALAPRS General Assembly (March 2-4, Palm Springs) MOTION: RIEMER/WILLIS to approve attendance at the January 24 Administrators Roundtable at Burbank for Hugo; and attendance at the March 2-4 General Assembly at Palm Springs for Hugo. (4-0-0-1)
(\Member Clinton left the meeting at this point.) T. (CLOSED SESSION) I) Matters Relating to Personnel: Disability Applicants' and Disability Retirees' Medical Records (Government Code Section 54957; 65 Ops. Cal. Atty. Gen. 412 (1982) a. Ansar Muhammad -- Occupational Disability b. Desiree Lambert- Occupational Disability c. James Kidd- Occupational Disability d. Gwendolyn Randle- Total and Permanent Disability e. Zakiya Mawusi - Occupational Disability f. Judith Aranda-Garcia- Total and Permanent Disability g. Aubrey Johnson- Total and Permanent Disability h. Brenda Walker - Occupational Disability 1. Lynda Hill- Occupational Disability
7 35
AC Transit Retirement Board December 17, 2013
2) Conference with Legal Counsel- Existing Litigation (Subdivision (a) of Section 54956.9): Name of Cases: Maya Brown U. (RESUME OPEN SESSION) 1) Report and/or Action on Closed Session Items Counsel Richeda Reported a. T) 1)c James Kidd- Total and Permanent Disability Retirement The Board unanimously approved a Total and Permanent Disability Retirement for James Kidd, effective October 1, 2013. b. T) 1)f Judith Armanda-Garcia- Total and Permanent Disability Retirement The Board unanimously approved a Total and Permanent Disability Retirement for Judith Armanda-Garcia, effective September 1, 2013. c. T) 1)i Lynda Hill- Total and Permanent Disability Retirement The Board unanimously approved an Occupational Disability Retirement for Lynda Hill, effective January 1, 2014 and left open the questions of a Total and Permanent Disability Retirement. d. T) 2) Existing Litigation- Maya Brown The Superior Court ruled against Ms. Brown. STAFF COMMENTS None RETIREMENT BOARD COMMENTS None ATTORNEYS' REPORT None ADJOURNMENT MOTION: WILLIS/RIEMER to adjourn. (3-0-0-2)
8 36
Report No: Meeting Date:
T~NS/T
14-060 January 22, 2014
Alameda-Contra Costa Transit District
STAFF REPORT TO:
AC Transit Board of Directors
FROM:
David J. Armijo, General Manager Travel Authorization for 2014 APTA Legislative Conference
SUBJECT:
ACTION ITEM RECOMMENDED ACTION(S): Consider authorizing the General Manager to attend the American Public Transportation Association 2014legislative Conference in Washington, DC on March 9-llth, 2014. EXECUTIVE SUMMARY: Pursuant to Board Policy 180A, this report requests approval of out-of-state travel for the General Manager to attend APTA's 2014 legislative Conference. BUDGETARY/FISCAL IMPACT: The approximate estimated cost of this trip is presented in the table below. Expense Item Airfare
.. "
-
,,
II
·•
lodging (3 nights at 250.00 per night) Per Diem (4 days at $71.00 per day) Ground Transportation (3 days at $15 per day) Registration Fee Total Estimated Cost:
Cost $400.00 $750.00 $284.00 $45.00 $750.00 $2,229.00
BACKGROUND/RATIONALE: In accordance with Board Policy 180A, all out-of-state travel for Directors and Officers to attend a conference or a meeting related to District business and at District expense, shall be approved by action of the Board of Directors prior to incurring expenses. This travel authorization has been prepared in accordance with Board Policy 180A. The 2014 APTA legislative Conference will highlight future transportation funding authorizations as well as important federal legislation and policy initiatives. For reference, the 2014 legislative Conference preliminary program is attached.
37
Report No. 14-060 Page 2 of 2
ADVANTAGES/DISADVANTAGES:
APTA's 2014 Legislative Conference serves as a forum for executive chief officers and policy makers to shape future federal transportation policies. The Conference provides opportunities for public transportation officials, federal agency personnel and legislative staff to meet and discuss advocacy efforts. The General Manager's presence at the 2014 APTA Legislative Conference would be entirely positive and beneficial. ALTERNATIVES ANALYSIS:
The only alternative available is to deny the request, however this prevents the opportunity to influence potential legislation and funding. PRIOR RELEVANT BOARD ACTIONS/POLICIES:
Board Policy 180a-Travel Meeting and Miscellaneous Expense Reimbursements for Directors and Board Officers. ATTACHMENTS: 1. APTA 2014 Legislative Conference Preliminary Program Agenda
Department Head Approval:
David J. Armijo, General Manager
Prepared by:
Maryam Paracha, Executive Coordinator
38
SR 14-060 Attachment 1
2014 LEGISLATIVE CONFERENCE PRELIMINARY PROGRAM J.W. Marriott Hotel Washington, DC
PRELIMINARY PROGRAM* *subject to change
Saturday, March 8 10 a.m.- 5 p.m.
Registration and Committee Meetings
Sunday, March 9 7 a.m. - 5 p.m.
Committee meetings
9 a.m. - 6 p.m.
Registration
5-6:30 p.m.
Welcome to Washington, General Session Hear the most up to date information on the DC political scene and get insight on the legislative agenda for the I 13th Congress from Charlie Cook, ed itor and publisher of The Cook Po litical Report and columnist for the National Jo urnal.
Session Sponsored by URS C orporation
39
SR 14-060 Attachment 1
6:30- 7:30p.m.
Welcome Reception Over cocktails and light fare, join your colleagues for a reception and networking opportunity to kick off the conference.
Monday March 10 7 a.m. - 4:30 p.m.
Registration
7:30-8:45 a.m.
BREAKFAST Session sponsored by APTA's Business Members.
9- 10:15 a.m.
Opening General Session: Update from U.S. DOT
10:30-11:45 a.m.
General Session: View from the Hill Hear directly from key congressional staff on how the U.S. Senators and Representatives they work for are addressing issues facing public transportation and intercity passenger rail.
12-1:30 p.m.
Lunch & Entertainment (tickets required) Be entertained at a luncheon featuring the satirical musings of The Capitol Steps, the famous musical troupe that puts the " mock" in democracy.
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SR 14-060 Attachment 1
1:45-3:15 p.m.
Concurrent Sessions - To be announced Concurrent sessions on critical topics of priority interest to public transportation professionals. Sessions in prior years have included Congressional staff discussing federal rail legislation; Homeland Security grant procedures; state and local government partnerships; climate change, sustainability, energy policy; and expectations for funding and finance in the future.
3:30- 4:45 p.m.
General Session: Update from FTA and FRA Listen to key modal administrators of the U.S. Department of Transportation. Important program updates and MAP-21 initiatives will be discussed.
Tuesday, March 11 7:30- 11 a.m.
Registration
7:30- 10:30 a.m.
Breakfast Briefing
8- 10:30 a.m.
Morning General Session: Get Started With Members of Congress Breakfast Start the most important day of the conference with a full breakfast and hear directly from Members of Congress on issues affecting public transportation and intercity passenger rail.
11 a.m.- 5:30 p.m.
Capitol Hill Visits Reserve this time and make appointments to visit your Senators and Representatives to brief them about your system or business and advocate for continued growth in the federal investment in public transportation and high speed rail.
5:30- 7:30 p.m.
Closing Reception Meet and greet lawmakers and their staffs as we close the conference with a Capitol Hill reception that provides one more chance to talk transit in a relaxed setting.
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SR 14-060 Attachment 1
Wednesday, March 12
7:30- 10 a.m.
Registration
9 a.m. - 5 p.m.
Capitol Hill Visits (Continued) Reserve this time and make appointments to visit your Senators and Representatives to brief them about your system or business and advocate for continued growth in the federal investment in public transportation.
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WORKSHOP
January 22, 2014 Agenda Item 4
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Report No: Meeting Date:
14-031a January 22, 2014
Alameda-Contra Costa Transit District
STAFF REPORT TO:
AC Transit Board of Directors
FROM:
David J. Armijo, General Manager
SUBJECT:
Overview of Articles 8 through 15 of proposed Board Policy 201 - Personnel Policies for Unrepresented Employees
BRIEFING ITEM RECOMMENDED ACTION(S):
Consider receiving an overview of Articles 8 through 15 of proposed Board Policy 201 Personnel Policies for Unrepresented Employees. EXECUTIVE SUMMARY:
As explained in Staff Report 14-031, presented on January 8, 2014, historically the terms and conditions of employment for unrepresented employees have been contained in different Board Policies and Administrative Regulations, as amended and/or supplemented from time to time by Board Resolutions, and there is no single document that contains the terms and conditions of employment applicable to unrepresented employees. Staff proposes to consolidate these terms and conditions of employment into a single document in order to provide better control and understanding of the terms and conditions of employment applicable to unrepresented employees for members of the Board of Directors, District management, and for the unrepresented employees themselves. The consolidated policy is projected to contain 15 Articles. For convenience Articles 1 through 7 were addressed in SR 14-031 presented on January 8th, and Articles 8 through 15 will be addressed in this report. After all provisions of the proposed policy have been reviewed with the Board, the terms and conditions of employment applicable to unrepresented District employees, as amended and updated, will be presented for your consideration in the form of a single Board Policy that will supersede the Board and administrative actions listed below. BUDGETARY/FISCAL IMPACT:
The consolidation of existing Board Policies, Administrative Regulations, and Board Resolutions will not have a fiscal impact on the District.
45
Report No. 14-031a Page 2 of 5
BACKGROUND/RATIONALE:
As indicated above, currently the personnel rules with respect to unrepresented employees are contained in a variety of Board policies, Board resolutions, and Administrative Regulations. As a result, it is often difficult to determine which rules apply to unrepresented employees. The consolidation of all the prior policies and regulations into a single document will facilitate the understanding of the applicable rules and provide for a clearer mechanism to amend personnel rules as required. The consolidated policy also provides greater flexibility to address changes in the future to wage and benefit issues. As the proposed policy is projected to contain 15 Articles, staff determined that it would be more efficient to present the proposed Policy in workable pieces so that a full understanding of the Policy was possible. This report will review the last eight Articles of the proposed policy. Article 8.
Management Leave
This Article describes the rules pertaining to the granting and use of Management Leave for unrepresented employees. As with AFSCME represented employees, all FLSA exempt, unrepresented employee receive one week of Management Leave each year, which must be used within the calendar year it is granted. Article 9.
Sick Leave
This Article describes the sick leave benefits available to unrepresented staff. These benefits mirror those available to other District employees, with the exception of a sick leave conversion available to non-exempt, unrepresented employees. Qualifying employees can convert up to four days of sick leave to paid personal leave each year (i.e. two days if employee has 25 or more accrued sick days, four days if employee has 50 or more accrued sick days). Although staff is proposing no changes to the current sick leave benefits, an option the Board may want to consider in the future is a blended paid time off ("PTO") benefit for unrepresented management. This would combine vacation, management leave, and sick leave into a single PTO benefit. This type of PTO benefit is common for senior staff in government agencies. Such a blended benefit could also assist with recruiting efforts. Article 10.
Miscellaneous Leaves of Absence
This Article describes other forms of leave available to unrepresented employees. Some of these leaves are paid, such as bereavement and jury duty. Others may be paid, such as military leave and administrative leave. As the rules for AFSCME represented employees related to most of these leaves have historically been applied to unrepresented employees, Staff recommends maintaining that historical link. The exception is bereavement leave, for which the District has a specific policy applicable to unrepresented employees. 46
Report No. 14-031a Page 3 of 5
Article 11.
Reduction in Force
This Article describes the current rules with respect to a reduction in force for unrepresented employees. These rules are similar to those applicable to AFSCME represented employees but include some new qualifiers to ensure that employees have the necessary skills to perform alternative work in the event of a layoff. Historically unrepresented employees were able to bump into AFSCME represented positions but as a result of changes to the AFSCME collective bargaining agreement that is no longer an automatic right. Language was included to reflect this new arrangement. Perhaps an item for future consideration by the Board is the extent of layoff rights available to unrepresented employees, and whether it makes sense to provide senior management staff the same protections available to represented employees. Article 12.
Discharge, Suspension, Demotion, Reduction-in-Pay, and Appeal Process
This Article describes the disciplinary process for unrepresented employees. The prior Administrative Regulation (No. 254) had not been updated for many years and Staff reviewed it with an eye to streamline the process and bring it in line with the due process procedures at other government agencies. The single biggest change is the elimination of the description of the steps in the disciplinary process. This created some confusion about the District's ability to propose the appropriate level of discipline in a given situation. The more streamlined language clarifies what is considered actual discipline, as opposed to warnings, and allows the District to respond appropriately in the circumstances. The Article also provides greater clarity on the procedural steps associated with employee discipline. Article 13.
Probationary Period
This Article consolidates the rules applicable to probationary employees, both those in their initial probationary status as new hires and those who are in a probationary status following a change of position. The Article also provides for an extension of probation in appropriate circumstances as well as periodic review of an employee's performance during the probationary period. Article 14.
Rehire
This Article outlines the rules applicable to a situation where a former District employee is rehired after a break in service. (This is a different situation from an employee called back to work following a layoff. Those rules are outlined in Article 11.)
47
Report No. 14-031a Page 4 of 5 Typically such an employee is considered a new employee for benefits purposes. The only possible exception could be for pension purposes, which is determined by the break in service rules in the District's pension plan. Article 15.
Other Provisions
At this point this Article only includes one provision, which maintains the District's historical practice of having the option to follow AF5CM E procedures where there is no specific policy or guidelines for unrepresented employees. ADVANTAGES/DISADVANTAGES:
As indicated in the prior staff report, consolidating the terms and conditions of employment for unrepresented employee into a single document will provide better control and understanding of these terms and conditions of employment for members of the Board of Directors, District management, and for the unrepresented employees themselves. It will also allow amendments to terms and conditions of employment to proceed in a more orderly fashion, thereby avoiding confusion and potential oversight when amendments are adopted on a piece-meal basis. There are no identified disadvantages to consolidation of the terms and conditions of employment for unrepresented employees into a single policy document. ALTERNATIVES ANALYSIS:
As this Staff Report includes only a description of the proposed policy consolidation there was no alternative analysis undertaken. PRIOR RELEVANT BOARD ACTIONS/POLICIES:
Benefits- adopted April 2008 Employee Discipline- adopted September 2006 Vacations- adopted April11, 1998, amended November 15,1991 Resolution No. 1034 Benefits- adopted February 11, 1998 Resolution No. 1109 Salaries/Benefits- adopted September, 1999 Resolution No. 2020 Sick leave rollover/3 Year Average on Pension/Holidays- adopted August 2, 2001 Resolution No. 2104 United Health/Medical Opt Out- adopted September 3, 2003 Resolution No. 06-033 Pension Formula/Dental/ Retiree Medical- adopted August 2, 2006 Resolution No. 09-014 Wages/Benefits- adopted February 25, 2009 Resolution No. 10-037 Wages/Benefits- adopted June 23, 2010 Resolution No. 11-034 Wages/Benefits- adopted July 27, 2011 Board Policy No. 240 Management Compensation Board Policy No. 262 Bereavement Leave Board Policy No. 266 Holidays Board Policy No. 278 Sick Leave
Administrative Regulation No. 239 Administrative Regulation No. 254 Administrative Regulation No. 280
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Report No. 14-031a Page 5 of 5 Board Board Board Board Board Board Board Board
Policy No. 280 Vacation Policy No. 282 Probation Policy No. 290 Reduction in Force Policy No. 292 Rehire Policy No. 296 Employee Categories Policy-- Management Leave Policy-- Pension/Deferred Comp Policy-- Long Term Disability
ATTACHMENTS: 1: Articles 8 through 15 of draft Board Policy No. 201 - Personnel Policies for Unrepresented Employees Department Head Approval:
Kurt De Stigter, Chief Human Resources Officer
Reviewed by:
David A. Wolf, General Counsel
Prepared by:
Tom Prescott, Chief Performance Officer
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50
SR. No. 14-031a Attachment 1
AC Transit
Policy No. 201 BOARD POLICY Category: Personnel Matters
PERSONNEL POLICIES FOR UNREPRESENTED DISTRICT EMPLOYEES
ARTICLE 8. Section Section Section Section
8.1 8.2 8.3 8.4
MANAGEMENT LEAVE
1
Annual Credit Qualifications Implementation Acting and Temporary Positions
SECTION 8.1 ANNUAL CREDIT. On an annual basis, all FLSA exempt unrepresented employees who are exempt from the overtime provisions of the FLSA and who are not in a disciplinary mode or on ~performance improvement review .P.@o_will receive fivel§l days of Management Leave. SECTION 8.2 QUALIFICATIONS. To qualify for Management Leave employees must have worked 1200 hours in the previous year (except for employees hired within the previous calendar year) and must have maintained satisfactory performance during the same period. SECTION 8.3 IMPLEMENTATION.
A. The five (5) days of Management Leave shall be granted on January 1 of each year and shall apply to hours required during the calendar year in which it is received and used. B. Management Leave must be used in the calendar year in which it is granted and may not be cashed ffi..out or carried forward to the following year. SECTION 8.4 ACTING AND TEMPORARY ASSIGNMENTS. Unrepresented employees in Acting and Temporary assignments will receive benefits based upon their prior or underlying regular, non acting positions. Exceptions may be made in the reasonableat--tAe discretion of the General Manager.
1 Replaces in relevant part Board Policy- Management Leave
UNREPRESENTED EMPLOYEES- POLICY NO. 200 Adopted: 02/**/14 Amended: Page 1 51
SR. No. 14-031a Attachment 1 ARTICLE 9. Section Section Section Section Section Section Section Section
9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8
SICK LEAVE
2
Accrual Usage Qualifications Maximum Accrual Additional Credits Conversion to Personal Leave Payment Upon Retirement District Sick Leave Bank
SECTION 9.1 ACCRUAL. Accrual of unrepresented employees shall be as follows:
sick
leave,
on
a
prorated
A.
64 hours (8 days) per year for the first year of employment.
B.
96 hours (12 days) per year after the first year of employment.
basis,
for
SECTION 9.2 USAGE. Sick leave is available for only in the case of actual illness or injury of an employee, absences due to the "serious health condition" of a family member as defined in the District's Family and Medical Leave Programor for any other reason permitted by State or Federal law. Accrued unused sick leave should be charged whenever an employee is absent from work due to illness or non-occupational injury. Upon the exhaustion of sick leave the employee must use his or her vacation and any other paid leave available in accordance with District leave management practices. An employee is not entitled to use paid sick leave until they have successfully completed their new hire probationary period. SECTION 9.3 QUALIFICATIONS. An employee must work 1200 hours in a year (except for employees hired within the previous calendar year) to accrue sick leave the following calendar year. In addition to hours actually worked, other paid leave (including vacation, holiday, military leave, jury duty, funeral leave, related training and education), will be counted as hours worked for purposes of this accrual process. SECTION 9.4 MAXIMUM ACCRUAL.
A.
Unused sick leave may be accrued to a maximum of 1120 hours (140 days).
B. Employees who have accrued sick leave in excess of 1120 hours on January 1 shall receive payment for 50 percent of the hours in excess of 1120.
2 Replacing in relevant part Board Policy No. 278 and Administrative Regulation No. 278- Sick Leave; Board Resolution No. 1109 09-99
UNREPRESENTED EMPLOYEES- POLICY NO. 200 Adopted: 02/**/14 Amended: Page2 52
SR. No. 14-031a Attachment 1 C. An employee who has accrued sick leave in excess of 1120 hours and not used any sick leave, paid or unpaid, during the previous calendar year shall receive an additional payment equivalent to 24 hours (3 days). D. An employee may elect to have the above payment(s) placed into his/her individual deferred compensation (457) account. Employees must make said election by January 15th of each year. SECTION 9.5 ADDITIONAL CREDITS. 3 An employee who does not use any sick leave, paid or unpaid, during a calendar year accrues eight (8) additional hours of sick leave the following year. SECTION 9.6 CONVERSION TO PERSONAL LEAVE. Unrepresented employees covered by the overtime provisions of the FLSA (i.e. non-exempt employees) shall also be entitled to use sick leave under the following circumstances:
A. Non-exempt employees who have twenty-five (25) or more accumulated sick leave days as of January 1st of each year shall be permitted to use two (2) days of sick leave as paid personal leave during that calendar year. B. Non-exempt employees who have fifty (50) or more accumulated sick leave days as of January 1st of each year shall be permitted to use four (4) days of sick leave as personal leave during that calendar year. C. Personal leave must be used in the year in which it is granted and may not be cashed in or carried forward to the following year. Unused personal leave will be reconverted back to sick leave. SECTION 9.7 PAYMENT UPON RETIREMENT. An employee who service retires with accumulated sick leave will receive a lump sum payment of one hundred (1 00) percent of the unused sick leave. SECTION 9.8 DISTRICT SICK LEAVE BANK. Unrepresented employees may_sRaU be entitled to use of and donat~ioo-_to a District Sick Leave Bank consistent with provisions sick leave donation practices applicable to other District employees.
ARTICLE 10. MISCELLANEOUS LEAVES OF ABSENCE Section 10.1 Section 10.2 Section 10.3
4
Bereavement Leave Other Leaves of Absence Modified Duty Return to Work Program
3 This provision was suspended indefinitely by the Board of Directors on July 27, 2011 , by Resolution No. 11-034. 4 Replacing in relevant part Board Policy No. 262- Bereavement Leave; Board Resolution No. 1034 02/98; Board Resolution No. 2020 08/01
UNREPRESENTED EMPLOYEES - POLICY NO. 200 Adopted: 02/**/14 Amended: Page3 53
SR. No. 14-031a Attachment 1 SECTION 10.1 BEREAVEMENT LEAVE. Unrepresented employees may take up to five .(§l_consecutive days off with pay in the event of death of an immediate family member who is defined as the employee's spouse, previously designated domestic partner, children of either spouse , parents of either spouse, grandparents or great-grandparents of either spouse, or brother, sister, brother-in-law or sister-in-law of the employees. The leave days must be tied to the days of the funeral or memorial service. SECTION 10.2 OTHER LEAVES OF ABSENCE. Unrepresented employees who take any of the following leaves shall be treated in the same manner as, and follow the same rules applicable to , District employees represented by AFSCME, Local 3916: Jury Duty/Witness Duty Military Leave Administrative Leave General Leave of Absence - including Family Medical Leave
SECTION 10.3 MODIFIED DUTY RETURN TO WORK PROGRAM. A modified duty return to work program for injured or ill employees is available to unrepresented employees consistent with programs established for other employees.
ARTICLE 11. REDUCTION IN FORCE Section Section Section Section Section Section Section Section Section Section Section Section Section
11.1 11.2 11.2 11.4 11.5 11.6 11.7 11 .8 11 .9 11 .10 11 .11 11 .12 11.13
5
Layoff Defined Notice to the Employee Order of Layoff Bumping Rights Severance Reemployment Eligibility for Reemployment Benefits COBRA Status While On Layoff Benefits Upon Reemployment Out-Placement Services Alternatives to Layoff
SECTION 11.1 LAYOFF DEFINED. For purposed of this Policy a Layoff is defined as an involuntary termination of employment due to non-disciplinary reasons (e.g. lack of work or lack of funds.) SECTION 11.2 NOTICE TO THE EMPLOYEE._Any regular employee affected by the District's decision to eliminate his/her position for lack of work or lack of funds will shall be informed in writing at least thirty (30) calendar days in advance of the effective date of the Layoff. The notice shall also include the reason for the Layoff, all the positions that the employee can bump into, and alternatives to the Layoff, if any. 5 Replaces in relevant part Board Policy No. 290- Reduction in Force
UNREPRESENTED EMPLOYEES- POLICY NO. 200 Adopted: 02/**/14 Amended: Page4 54
SR. No. 14-031a Attachment 1
SECTION 11.3 ORDER OF LAYOFF. In general, subject to District operational needs. +!emporary and initial probationary employees within a classification sRaU--will be released before regular employees within a classification are laid off. In the event of a Layoff, employees in an affected classification will be laid off in inverse order of District seniority within the classification reduced. In the event of a tie, the employee with the lowest classification seniority shall be subject to Layoff. SECTION 11.4 BUMPING RIGHTS. Regular employees who Rave-receive€~- a lay-off notice will be afforded the opportunity shall have the right to bump into a lower or lateral unrepresented classification if the laid off employee:
A.
has served in the classification and has the experience and qualifications needed to perform the duties of that position and has more seniority than any incumbent in the classification: 1. for purposes of this section "seniority" is based on the time between the employee's first date of employment within the classification into which he/she seeks to bump to the present date;
B.
is qualified for a vacant position and has the experience needed to perform the duties of that position: 1.
for purposes of this section vacant positions include those positions currently filled by temporary employees.
If permitted by the AFSCME . Local 3916 collective bargaining agreement. or based upon a mutual agreement with Local 3916, unrepresented employees may bump. by seniority. into AFSCME positions if they employee previously have served in the classification or if the AFSCME bargaining unit position is a represented position but is vacant. If an employee bumps into a lower classification and the previously held classification becomes vacant within the-eighteen (18) months of the date of Layoff, he/she sAaU-will automatically be reassigned to the higher classification he/she previously occupied had been bumped from, and shall not be required to apply or compete for the vacancy as long as he/she still meets the minimum qualifications.
SECTION 11.5 SEVERANCE. In the event an employee is laid off, in addition to compensation for accrued and unused vacation and compensatory time off, the employee shall receive severance compensation based on one week's pay for each full year, or major fraction thereof, of service with the District. An employee is entitled to severance pay only in the event that the employee is placed on the reemployment list and remains on the list for three (3) months. In the event an employee who is selected for Layoff elects not to be placed on the reemployment list, he/she shall be entitled to severance pay as of the effective date of his or her Layoff. last day of employment. Accepting severance pay constitutes termination from the District and has the effect of eliminating the possibility of one's recall from Layoff. will be a final termination of employment with the District.
UNREPRESENTED EMPLOYEES- POLICY NO. 200 Adopted: 02/**/14 Amended: PageS 55
SR. No. 14-031a Attachment 1 SECTION 11.6 REEMPLOYMENT. The District's obligation to retain an individual in a Layoff status wiU-ends cease immediately upon the laid off employee's rejection of any District reemployment offer to a positionby the District in the classification last served in by the employee or one of comparable salary. For this purpose "comparable salary" means a classification that pays at least 90%of the employee's rate of pay at the time of Layoff and for which the employee is qualified. Rejection of an offer that does not meet these criteria does not result in the removal of the employee from the reemployment list.
snau
If an employee has elected to remain on the District's rehire list as described above and is not reemployed during the eighteen (18) month period following Layoff then the employee will receive any severance pay due and his/her employment with the District will terminate.
SECTION 11.7 ELIGIBILITY FOR REEMPLOYMENT. If the work force is increased in a classification which was reduced within eighteen (18) months of the reduction, the person(s) laid off from that classification shall be eligible for reemployment to the added or restored position provided he/she continues to meet the minimum qualifications and has the experience and qualifications needed to perform the duties of that position . Subject to the foregoing , individuals sRaU-will be offered reemployment based on inverse order of Layoff. SECTION 11.8
BENEFITS.
The District will continue employer payments for health plan , dental plan, vision plan, and life insurance benefits, for up to six (§) months for an individual who is laid off provided that the employee does not become eligible for employer-paid or employer-subsidized health and welfare coverage through new full-time, regular employment. The employee is responsible for his/her share of the benefit costs. Failure to pay the employee share will result in termination of benefit coverage. The coverage provided will be the same_-as available to District employees in the group benefit plans . It is the responsibility of the individual to notify the District promptly of the individual's entitlement to coverage pursuant to other employment.
SECTION 11.9 COBRA. The laid off employee may elect to continue coverage under applicable District plans for the period of time established by COBRA law after completion of the above six (6) month continuation period by paying the full cost of coverage under the applicable enrolled group plan{§} plus a two percent (2%) administrative fee. The employee is responsible for his/her share of the benefit costs . Failure to pay the employee share will result in termination of benefit coverage. SECTION 11.10 LAYOFF STATUS. Individuals on Layoff status shall not be considered District employees and shall not accrue any benefits , pension credits. vacation, or sick leave while on Layoff status. SECTION 11 .11 BENEFITS UPON REEMPLOYMENT. Upon reemployment from Layoff status under any of these provisions, or as a result of obtaining District employment through a competitive recruitment process, the affected individual shall regain his/her seniority date; resume accrual of sick leave credits on a pro rata basis for the remainder of that calendar year; and receive full restoration of all earned , unused sick leave on the books at time of Layoff including credits , on a pro rata basis, for every month or major fraction thereof worked during the calendar year the Layoff occurred . Health and welfare benefits shall be reestablished on the
UNREPRESENTED EMPLOYEES- POLICY NO. 200 Adopted: 02/**/14 Amended: Page 6 56
SR. No. 14-031a Attachment 1 first day of the month following 30 calendar days of employment. The terms of the District's Retirement Plan govern participation in the Plan upon reemployment after a break in service.
SECTION 11.12 OUT-PLACEMENT SERVICES. Employees selected for Layoff wiU-may be provided with outplacement services , as determined by the District. from the date of layoff notice. SECTION 11.13
ALTERNATIVES TO LAY OFF.
A. Transfer Once a reduction in force has been authorized, the District shall have the right by District seniority to transfer affected employee(s) into a vacant position (versus "bumping" into a filled position) in the classification or comparable classification for which the employee meets the minimum qualifications. Vacant positions include those positions filled by temporary employees. 1. Reassignment to a Lower Classification/Demotion The District may offer reassignment into a vacancy in a lower classification or reassignment to a classification for which the employee does not meet the minimum qualifications, but can in a reasonable amount of time, obtain the minimum qualifications. The District has no obligation to offer and the employee has no obligation to accept said reassignment and the employee may elect to take the ~Layoff or use bumping rights. If the employee accepts the reassignment, he/she shall remain on the reemployment list for the higher classification from which the employee was laid off. The employee will also automatically be reassigned to the higher classification if it becomes vacant within eighteen (18) months of the reassignment, provided the employee meets the minimum qualifications and is otherwise qualified to perform the duties of the classification in which case the employee shall not be required to apply or compete for a vacancy within the former classification.
ARTICLE 12. DISCHARGE, SUSPENSION, DEMOTION, REDUCTION-IN-PAY, AND APPEAL PROCESS 6 Section Section Section Section Section Section Section Section
12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8
Application Written Warning Adverse Action Skelly Notice Skelly Conference Appeal of Skelly Conference Decision Arbitration Hearing Process Suspension, Demotion, Reduction in Pay or Termination
SECTION 12.1 APPLICATION. This Article applies to unrepresented... regular employees, excluding temporary employees, probationary employees , contract employees and Board Officers, and establishes procedures for taking corrective or disciplinary action for misconduct, poor performance, and/or attendance problems.
6 Replaces in relevant part Administrative Regulation No. 254 - Employee Discipline
UNREPRESENTED EMPLOYEES- POLICY NO. 200 Adopted: 02/**/14 Amended:
Page 7 57
SR. No. 14-031a Attachment 1 SECTION 12.2 WRITTEN WARNING. A written warning is not an adverse action. An employee who receives a written warning is entitled to write a rebuttal to the letter of written warning. There is no right to appeal the District's decision to issue a written warning . The written warning and gny_response will sRaU be kept together in the employee's personnel fil e-faf a period of time not to exceed two ®ears unless, the employee has engaged in subsequent improper conduct, or if a legal reason exists to maintain the record(s) in the personnel filef or a longer period of time. It is the employee's responsibility to request that disciplinary material be removed after the two (2) year period. SECTION 12.3 ADVERSE ACTION. An adverse action includes but is not limited to, a suspension without pay, reduction in pay,7 performance review, demotion, written reprimand in lieu of suspension, or termination . SECTION 12.4 SKELLY NOTICE. The employee will be provided a written notice of the proposed adverse action to be taken against the employee. Such notice sha ll set forth the reasons for the proposed adverse action. the materials relied upon by the District in proposing the disciplinary action. and a statement advising the employee that he/she has the right to respond to the proposed adverse action before it is imposed. Within five (5) working days of receipt of the notice of the proposed adverse action, unless the District agrees in writing to an extension of time upon good cause shown by the employee. an employee may request a Skelly Conference or respond in writing. The request or response must be in writing, dated and signed by the employee and sent to the Chief Human Resources Officer or designee. If a Skelly Conference is requested, it should generally be held within five (5) working days of the receipt of the request.
SECTION 12.5 SKELLY CONFERENCE. The purpose of the Skelly Conference is to provide the employee an opportunity to present additiona l facts or mitigating circumstances he/she wishes the District representative to take into consideration before a final disciplinary decision is made. The Chief Human Resources Officer or designee will appoint the Skelly Conference Officer (SCO). The SCO should not be someone who If the appointed SCO is directly involved in the incident that gave rise to the proposed discipline, another SCO 'Nill be appointed. The Skelly Conference is not a full evidentiary hearing. The employee may bring but may not compel the attendance of supporting witnesses. The employee may bring one representative to the meeting; however, the District is not #able-responsible for any fees or costs incurred by the employee exercising the option of representation. The SCO shall consider the employee's response to the proposed adverse action and the District shall determine whether any modification to or withdrawal of the recommendation is appropriate. 7 A temporary reduction in pay is not permitted for employees exempt from the overtime provisions of the Fair Labor Standards Act.
UNREPRESENTED EMPLOYEES- POLICY NO. 200 Adopted : 02/**/14 Amended: Page 8 58
SR. No. 14-031a Attachment 1
As soon as possible following the conclusion of the Skelly Conference, the SCO sRaU will issue a written decision including a notice of appeal rights of the employee. SECTION 12.6 APPEAL OF SKELLY CONFERENCE DECISION. Within ten (1 0) working days from the date of the SCO's decision, the employee has the right to request an appeal hearing. The hearing request must be in writing and submitted to the Chief Human Resources Officer's Office. If the employee does not timely request an appeal hearing, the employee waives his/her appeal rights. SECTION 12.7 ARBITRATION HEARING PROCESS. If the employee timely requests a hearing on the adverse action, the Chief Human Resources Officer or designee shall appoint a neutral Hearing Officer and give written notification to the parties of the appointment. The Chief Human Resources Officer or designee shall be responsible for setting a mutually agreed upon time , location and date for the hearing which shall be confirmed in writing.
The Hearing Officer will be an unbiased, neutral District employee, or when appropriate, an outside neutral individual who is not involved in the incident forming the basis of the adverse action . If the employee has any objections to the proposed Hearing Officer, the employee shall convey the objections in writing to the Chief Human Resources Officer prior to the hearing . The General Counsel shall resolve any conflicts regarding the naming of a Hearing Officer. At the hearing, both parties are entitled to cross-examine all witnesses and present evidence. The Hearing Officer is not bound by the rules of evidence; however, hearsay may not form the sole basis for the discipline. Both parties have the right to counsel or other representation at the hearing. The District shall not pay for any costs incurred by the employee. Unless agreed to in writing by the employee and the District, the Hearing Officer shall make every effort to issue a written decision within ten (10) working days from completion of the hearing . The Hearing Officer may uphold, reject, or modify the adverse action taken . If the Hearing Officer upholds the SCO's decision for adverse action, the employee shall be so informed and implemented immediately. If the adverse action is rejected or modified by the Hearing Officer, then the Hearing Officer shall determine an appropriate award to the employee within the range of remedies normally available to labor arbitrators under collective bargaining agreements. For Skelly violations. the Arbitrators' award shall be limited to back ~ and benefits from the date of the Skelly violation to the date of his or her opinion and award .
SECTION 12.8 TERMINATION
SUSPENSION, DEMOTION, REDUCTION IN PAY OR
UNREPRESENTED EMPLOYEES- POLICY NO. 200 Adopted: 02/**/14 Amended:
Page9 59
SR. No. 14-031a Attachment 1 A. Suspension When a suspension is recommended, the proposed action must comply with the employee's FLSA exempt or non-exempt status for purposes of overtime. Suspension will be without pay. Reduction in accrued leave may be substituted for suspension. A suspension of five (5) or fewer days does not require a Skelly Conference prior to the suspension. B. Demotion When the adverse action results in demotion the employee shall receive the lesser rate of pay as of the date specified in the notice of decision from the SCO. If the Hearing Officer overturns the demotion decision, the employee will receive an appropriate amount of back pay for the period of the demotion. B. Reduction-in-Pay An employee who receives a reduction-in-pay shall receive the lesser rate of pay as of the date specified in the notice of decision of the SCO. If the decision of the SCO is overturned, the employee may be awarded back pay as deemed appropriate by the Hearing Officer within the range of remedies normally available to labor arbitrators under collective bargaining agreements. C. Discharge If no modification to a discharge recommendation is made following the decision of the SCO the employee shall be notified of the effective date of the discharge. If the discharge is not subsequently upheld by the Hearing Officer then the employee will be entitled to such relief as determined appropriate by the Hearing Officer. SECTION 12.9
IMMEDIATE SUSPENSION/REMOVAL FROM DISTRICT PREMISES.
In a situation where management determines that an employee should be immediately removed from the District's premises, the employee will be placed on paid leave until the decision of the SCO is rendered, at which time any discipline that has been determined to be appropriate shall be implemented. At the discretion of the District, while on paid leave an employee maybe permitted to return to the District's premises for the purposes of a scheduled Skelly Conference. Prior to the commencement of the paid leave, the employee is required to return all District property including without limitation District records. computers, District-issued telephones. iPads. office keys . non-revenue vehicle keys. and building passes. The employee may take any personal belongings from his/her work area or make arrangements with others to retrieve them .
UNREPRESENTED EMPLOYEES- POLICY NO. 200 Adopted: 02/**/14 Amended: Page 10 60
SR. No. 14-031a Attachment 1 ARTICLE 13. PROBATIONARY PERIOD 8 Section Section Section Section Section Section Section Section
13.1 13.2 13.2 13.4 13.5 13.6 13.7 13.8
No Automatic Appointment Purpose Initial Probation Supervision Extension of Probation Review No Appeal of Release Probationary Period for Regular Employees
NO AUTOMATIC APPOINTMENT. Appointment to SECTION 13.1 regular status within the District is not automatic with the mere passage of time. In order for the individual to acquire regular status within the District, the individual must satisfactorily pass the probationary period and be recommended for regular status. SECTION 13.2 PURPOSE. As a continuation of the selection process, the probationary period is intended to provide the District with the opportunity to observe the individual's work, and to "on board." train~ and assist the individual in adjusting to the position. AC Transit establishes tihe first six SECTION 13.3 INITIAL PROBATION. (6) months of District employment isas a probationary period for newly hired or rehired individuals and is considered to continue the last phase of the selection process. All District positions ~have the same probationary period of six (6) months. The individual must successfully meet established goals, objectives, and performance standards to obtain regular employment status with the District. Probationary periods are not applicable to temporary employees. All temporary employees will remain at-will throughout the entire period of their temporary employment with the District. SECTION 13.4 SUPERVISION. It is the responsibility of the supervisor and/or Department Manager to monitor and discuss job performance with the individual periodicaily during throughout the probationary period. Additionally , the supervisor and/or Department Manager will-should assist the individual in determining and taking necessary action to achieve performance standards and meet established goals and objectives, and become familiar with the District. The supervisor should evaluate the performance of the individual on probation at least two (2) times twice during the initial probationary period. The District, at its discretion. SECTION 13.5 EXTENSION OF PROBATION. may extend any probationary period for an additional period of time not to exceed six months when the District believes additional time is needed to completely evaluate the individual's performance.
8 Replacing in relevant part Board Policy No. 282 - Probation
UNREPRESENTED EMPLOYEES- POLICY NO. 200 Adopted: 02/**/14 Amended: Page 11 61
SR. No. 14-031a Attachment 1 SECTION 13.6 REVIEW. Prior to the end of the six (6) month initial probationary period, the individual's immediate supervisor will recommend to the Department Manager and the Manager ofChief Human Resources Officer whether the individual should pass the probationary period. SECTION 13.7 NO APPEAL OF RELEASE. An individual released during a probationary period shall not have the right to appeal the release. SECTION 13.!!
PROBATIONARY PERIOD FOR REGULAR EMPLOYEES.
Upon assuming a new classification or position within the same classification, regular employees shall serve a six (6) month probationary period. In the event a regular employee's performance in the new position proves to be unsatisfactory, the employee may be returned to his/her former position. The District will notify the employee of his/her unsatisfactory performance prior to directing the employee to resume his or her immediately prior District position. ARTICLE 14. REHIRE Section Section Section Section Section Section
14.1 14.2 14.3 14.4 14.5 14.6
9
Eligibility for Rehire Review Prior To Rehire Status Upon Rehire Application Procedures Probation Period Salary Placement
SECTION 14.1 ELIGIBILITY FOR REHIRE. Former employees who voluntarily terminated their employment with the District with a satisfactory work record or who were laid-off (and who accepted severance pay or are outside of the reemployment period) may be elig ible for rehire. SECTION 14.2 REVIEW PRIOR TO REHIRE. It is the responsibility of the Chief Human Resources Officer or designee to review the former employee's personnel record to determine if the applicant's past performance record is satisfactory and the applicant is eligible for rehire . SECTION 14.3 STATUS UPON REHIRE. Individuals who are rehired following a break in service are considered new employees from the effective date of their rehire for aU most purposes. , with the possible exception of pension plan benefits.The terms of the District's Retirement Plan govern participation in the Plan upon reemployment after a break in service. SECTION 14.4 APPLICATION PROCEDURES. A former employee applying for a vacant position must submit an employment application; and if eligible, must follow the normal procedures of the District's employeeestablished for the selection process, including but not limited to customary post-offer, pre-employment occupational health tests. testing and employment physical examinations. 9 Replaces in relevant part Board Policy No. 292 - Rehire
UNREPRESENTED EMPLOYEES- POLICY NO. 200 Adopted: 02/**/14 Amended: Page 12 62
SR. No. 14-031a Attachment 1
SECTION 14.5 PROBATION PERIOD. Individuals who are rehired following a break in service must serve a new initial six-month probationary period. · SALARY PLACEMENT. SECTION 14.6 the authorized salary range for the vacant position.
Rehired employees will be placed in
ARTICLE 15. OTHER PROVISIONS Section 15.1
Reference Employees
SECTION 15.1 REFERENCE EMPLOYEES. Any terms and conditions of employment for unrepresented employees that are not specifically covered here are governed by other existing District policies and procedures and remain within the discretion of the District under applicable law. In the absence of such policy. the District may also refer to the practices applicable to District employees represented by AFSCME, Local 3916 for guidance and consistency.
UNREPRESENTED EMPLOYEES- POLICY NO. 200 Adopted: 02/* */14 Amended : Page 13 63
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BOARD OF DIRECTORS REGULAR CALENDAR
January 22, 2014 Agenda Item 5A
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Report No: Meeting Date:
T/?-9/VS/T
13-184b January 22, 2014
Alameda-Contra Costa Transit District
STAFF REPORT TO:
AC Transit Board of Directors
FROM:
David J. Armijo, General Manager
SUBJECT:
Bus Rapid Transit, Third Party, Operations & Maintenance {O&M) AgreementCity of Oakland
ACTION ITEM RECOMMENDED ACTION(S): Consider authorizing the General Manager to sign the East Bay Bus Rapid Transit (BRT) Operations and Maintenance (O&M) Agreement with the City of Oakland (City). EXECUTIVE SUMMARY: The O&M Agreement specifies the respective BRT facilities operating and maintenance responsibilities, in particular the maintenance functions to be performed and funded by AC Transit and the City and the terms and conditions under which such work will be performed. BUDGETARY/FISCAL IMPACT: This agreement would add no additional cost above that expected in the BRT O&M Plan. Staff will be updating the costs and requirements in the O&M Plan at key intervals as the project progresses at 65% design, 100% design and during construction.
BACKGROUND/RATIONALE: The primary purpose of the O&M Agreement is to distribute the operation and maintenance responsibilities between the District and City for the BRT project. The subject O&M Agreement clarifies that the District is only responsible for the operation and maintenance of BRT Facilities, such as BRT Stations. The District delegates certain of these BRT Facilities responsibilities to the City, such as BRT traffic signal equipment and BRT traffic signal priority timing operations and maintenance. The Agreement provides for negotiated reimbursement to the City for delegated BRT facilities operations and maintenance activities. The Agreement stipulates that the City will operate and maintain all other roadway elements at its own expense. Based on feedback and concerns expressed by the Board at the September 11, 2013 Board meeting, the District and the City staff have reached an Agreement that assigns responsibility to the City for operations and maintenance of the parking lots, standard street markings and landscaped medians (except at BRT Stations). Staff anticipates submitting the revised O&M for City Administrator and City Attorney review in January, 2014, and execution of the agreement in time for the February, 2014, Small Starts Grant Agreement (SSGA) application deadline.
67
Report No. 13-184b Page 2 of 2 ADVANTAGES/DISADVANTAGES:
Advantages: Establishing the O&M Agreement between the District and City of Oakland will clearly define the responsibilities of both agencies and avoid any future conflicts over maintenance ofthe facilities operation. Disadvantages: There are no disadvantages to the course of action recommended in this report ALTERNATIVES ANALYSIS:
Balanced Responsibilities: District and City staff have negotiated the attached O&M agreement and have addressed the concerns raised by the Board on September 11, 2013. There are no reasonable alternatives likely to result in a negotiated agreement that is more equitable to both parties than the attached while being mindful of their respective governmental responsibilities. PRIOR RELEVANT BOARD ACTIONS/POLICIES: GM Memo 11-073a - Contract award to Parsons Transportation Group for preliminary engineering and design services associated with the East Bay Bus Rapid Transit. GM Memo 12-030- Received East Bay Bus Rapid Transit (BRT) Quarterly Update. GM Memo12-083a - Board adopts Resolution No. 12-018 certifying the FEIR for the BRT Project, selection of the DOSL as the Locally Preferred Alternative, and authorizing the filing of a Notice of Determination. Staff Report 12-072a - Contract award to Gannett Fleming for Program Management and Construction Management services for the Bus Rapid Transit Project. Staff Report 12-177- Quarterly Report on East Bay Rapid Transit Staff Report 13-005- the Board authorized the General Manager to sign the MCA for Caltrans. Staff Report 13-107- the Board authorized the General Manager to sign the MCA for City of San Leandro. Staff Report 13-171- the Board authorized the General Manager to sign O&M Agreement for City of San Leandro. Staff Report 13-184 - the Board authorized the General Manager to sign the MCA for City of Oakland and deferred action on O&M agreement ATTACHMENTS: 1:
City of Oakland- Operation and Maintenance Agreement
Department Head Approval: Reviewed by:
Dennis W. Butler, Chief Planning & Development Officer David A. Wolf, General Counsel
Prepared by:
David Wilkins, Director-EBBRT Program
68
SR13-184b, Attachment 1
OPERATIONS AND MAINTENANCE AGREEMENT BETWEEN THE CITY OF OAKLAND, AND THE ALAMEDA-CONTRA COSTA TRANSIT DISTRICT FOR THE DOWNTOWN OAKLAND TO SAN LEANDRO EAST BAY BUS RAPID TRANSIT PROJECT
This AGREEMENT, entered into and effective on the day of---:--:--,-:-----,:---· 2014, is between the CITY OF OAKLAND, referred to herein as "CITY," and the AlamedaContra Costa Transit District, a public transit district established under the laws of the State of California, referred to herein as "DISTRICT," and together referred to as "PARTIES." A.
RECITALS
I.
Bus Rapid Transit (BRT) is a mode of transit service provision that has some or all of the following characteristics: Dedicated Travel Lanes; Level Boarding Platforms; Off-Board Fare Collection; and Real-Time Arrival Signs.
2.
The East Bay Bus Rapid Transit Project envisions a 9.5 mile dedicated bus lane corridor, which includes portions within the City of Oakland.
3.
On April25, 2012, the AC Transit Board of Directors adopted Resolution No. 12-018 certifying the Final Environmental Impact Report/Statement (FEIRIFEIS) for the East Bay Bus Rapid Transit (BRT) Project, and selection of the Downtown Oakland-San Leandro Alternative (DOSL) as the Locally Preferred Alternative for the Project, referred to herein as "PROJECT", and authorizing the filing of a Notice of Determination.
4.
On June 8, 2012 the Federal Transit Administration (FTA) issued a Record of Decision (ROD) approving the East Bay Bus Rapid Transit Project.
5.
In its action on July 17,2012, the Oakland City Council adopted as its own the CEQArelated findings of AC Transit for the BRT PROJECT; adopted the DOSL as the Locally Preferred Alternative for the BRT PROJECT; and required that the DISTRICT append the City Conditions of Approval (COA) to the DOSL Project. Council Resolution 84016 and the (COA) are made a part hereof by reference.
6.
DISTRICT desires to implement and operate its BRT PROJECT, which includes, but is not limited to, dedicated bus lanes, bus pads, passenger stations (platforms, shelters, canopies, railings, benches, ticket vending machines, landscaping, lighting, transit information displays, and safety and security devices); BRT traffic signal equipment and traffic signal priority timings; lighting; crosswalk treatment; bike racks; and signage within the boundaries of responsibility (as depicted on Exhibits A.l-2 and B.l-3 attached hereto), all hereinafter referred to as "BRT FACILITIES," on 20th Street, Broadway, lith and 12th Streets, Lake Merritt Blvd, First Avenue, East 12th Street, 14th Avenue and International Blvd within the geographic boundaries of the City of Oakland.
BRT O&M Agreement- Oakland
I 69
7.
All work will be performed in accordance with approved CITY encroachment pem1its received for the PROJECT.
8.
On State Route185 and within the City of Oakland, STATE delegates certain maintenance functions to the CITY, under an Agreement for Maintenance of State Highways in Oakland ("DMA-OAK"), executed August 23, 1991. As used herein, DMA-OAK includes its future successor agreements, if any. The STATE is not a party to this Agreement between the CITY and the DISTRICT.
9.
The DISTRICT agrees that the CITY shall not incur a net increase in operation and maintenance costs due to the construction or operation of BRT FACILITIES.
10.
DISTRICT intends to delegate portions of DISTRICT's BRT FACILITIES maintenance responsibilities, as specified in Section E below, to CITY, subject to negotiated reimbursement by DISTRICT. The DISTRICT shall reimburse the CITY for the cost of operations, maintenance and capital replacement of BRT FACILITIES performed by the CITY pursuant to Section E of this Agreement. The maximum annual expenditure by the DISTRICT will be established under a future amendment when BRT FACILITIES are fully defined and quantified. This DELEGATION OF MAINTENANCE amendment (DMA) shall be fully executed and attached to this Agreement on or before completion of the Final Design Phase of the BRT PROJECT and is subject to approval by the DISTRICT General Manager and CITY Administrator. The CITY Administrator shall determine if the DMA fully reimburses the CITY for BRT FACILITIES operations and maintenance. Oakland City Council approval is required if the DMA will result in a net increase in cost to the CITY for BRT FACILITIES operation and maintenance. The maximum annual expenditure by the DISTRICT will automatically increase every year by multiplying the prior year amount by the higher of RPI or CPI to account for inflation. This automatic adjustment of the maximum annual expenditure shall not affect the other terms of this Agreement.
II.
PARTIES mutually desire to fairly and with reasonable precision, based on available information to date, specify the respective BRT FACILITIES operating and maintenance responsibilities of the PARTIES, consistent with the primary governmental/ public purposes for which each PARTY exists, and to specify the terms and conditions under which such work will be performed.
B.
DEFINITIONS
I.
"AGREEMENT" means this Operations and Maintenance Agreement entered into by and between the CITY of Oakland and AC Transit.
BRT O&M Agreement- Oakland
2 70
2.
"BRT FACILITIES" (see Recital Number 6 above and Section E: Maintenance Responsibilities below).
3.
"CITY" means the City of Oakland, a municipal corporation, its officials, officers, employees and agents.
4.
"CO A'' means the Conditions of Approval adopted by the Oakland City Council on July 17, 2012 by Resolution 84016 relative to its approval of the DOSL alternative.
5.
"DISTRICT" or "AC TRANSIT" means the Alameda Contra Costa Transit District, a special transit DISTRICT established pursuant to California Public Utilities Code Sections 24501 et seq.
6.
"East Bay Bus Rapid Transit Project, or BRT PROJECT" means the provision of a 9.5 mile dedicated bus corridor between Downtown Oakland and the San Leandro BART station described as the DOSL Alternative in the federal Record of Decision as follows:
"The project would operate with transit priority at all signalized intersections, new passenger stations, and a combination of mixed-flow and dedicated travel lanes throughout the alignment. The project would also feature pedestrian amenities, landscape treatments, barrier-free, self-service proof of payment fare collection, real-time bus arrival information, and low-floor, dual-sided door buses. The project would ultimately extend approximately 9.52 miles from Downtown Oakland to the San Leandro BART Station. In downtown Oakland, at 20th Street, both eastbound and westbound BRT operate in mixed-flow lanes between Telegraph and Broadway Avenues. At Broadway, the alignment shifts south. Southbound and northbound BRT would operate in mixed-flow lanes between 20th and 11th/12th Streets, with the exception of a northbound dedicated center-running lane that provides a left-turn movement onto 20th Street for buses only. II th and 12th Streets will operate as a one way pair with the eastbound movement on II th Street and the westbound movement on 12th Street. Each leg has a side-running dedicated BRT lane from Broadway Avenue to Oak Street. Past Oak Street, the dedicated BRT lanes transition to mixed flow lanes through the Lake Merritt area to 2nd Avenue. There would be a "bus only" left-turn lane provided along westbound 12th Street for northbound BRT vehicles at the intersection with 14th Street. The next segment of the route would begin at I st Avenue, where the southbound BRT would continue along East 12th Street and the northbound movement along International Boulevard through 14th Avenue. Both would be accommodated in a combination of dedicated and shared side-running BRTlanes. With the next segment, the southbound alignment continues on East 12th street, then BRT turns east, operating in a shared BRT lane along 14th Avenue and for one block BRT O&M Agreement- Oakland
3 71
south of the intersection of 14th Avenue/International Boulevard. At 15th Avenue, both northbound and southbound BRT operate in center-running dedicated BRT lanes. The route continues on International Boulevard from 42nd Avenue to Durant Avenue on the San Leandro border. In San Leandro, the alignment continues along Durant to Georgia Way in center-running dedicated lanes. Beginning at Georgia Way, BRT will operate in mixed-flow lanes together with vehicular traffic. This configuration will continue to Davis Street, where the alignment will shift west along Davis and south again on San Leandro Boulevard, terminating at the San Leandro BART station" 7.
FEIS/FEIR means the East Bay Bus Rapid Transit Project Final Environmental Impact Statement/Final Environmental Impact Report dated January 2012 as noticed in the February 3,2012 Federal Register.
8.
"Jurisdiction" or "Jurisdictional Authority" means the differing roles played by the CITY and STATE on State Route 185 that also function as a CITY street. Although the STATE has jurisdictional authority for right-of-way, roadway construction and maintenance, it has chosen to delegate some of those functions to CITY under a Delegated Maintenance Agreement. CITY retains responsibility for review/approval of physical improvements constructed within the street and sidewalk areas.
9.
"Operational Phase" means all activity in furtherance of the PROJECT commencing with the first entry of an AC Transit Driver into a BRT bus for purpose of beginning regular BRT service along the DOSL corridor.
10.
"PARTY" or "PARTIES" means DISTRICT or CITY referred to individually or collectively.
11.
"ROD" means the June 8, 2012 Federal Transportation Agency (FTA) Record of Decision approving the Downtown Oakland to San Leandro alternative (DOSL) for the East Bay Rapid Transit Project.
C.
AGREEMENT
In consideration of the mutual covenants and promises herein contained and pursuant to the approved Preliminary Engineering plans and specification for the BRT PROJECT, the PARTIES agree to the following: As Final Design progresses, should additional BRT PROJECT operations and maintenance responsibilities be identified, PARTIES shall promptly negotiate in good faith their respective responsibilities and amend this Agreement on or before the operation of the first bus on the BRT PROJECT corridor with approval by the DISTRICT General Manager and the CITY Administrator. l.
DISTRICT shall be responsible for operation, maintenance, protection, and repair ofBRT FACILITIES, unless otherwise delegated to the CITY in Section E: Maintenance Responsibilities. Said work at all times shall be conducted to assure safety and convenience of motorists, bicyclists, and pedestrians. Said work and BRT FACILITIES
BRT O&M Agreement - Oakland
4 72
shall be subject to random inspection by CITY as to safety conditions affecting CITY facilities, and DISTRICT shall, upon notice from CITY that an unsafe condition exists, take immediate steps to correct such unsafe condition. If DISTRICT fails to perform after such notice from CITY, CITY shall immediately take necessary corrective action, and DISTRICT shall be billed and shall pay all reasonable costs for such corrective work performed by CITY. DISTRICT's obligation to pay for the costs of such corrective work shall not apply if the unsafe condition is caused by CITY. Such inspection by CITY, if performed at all, does not relieve DISTRICT of its responsibilities under this Agreement. Should an unsafe condition arise as a result of a catastrophic event, or forces of nature such as a major earthquake, PARTIES shall work together collaboratively to fund and correct such condition as soon as practicable. If DISTRICT delegates BRT FACILITIES operations, maintenance, protection and/or repair to a third party (contractor), then said contractor(s) shall be subject to the same inspections and responsibilities as specified herein for work performed directly by DISTRICT. 2.
Exhibit A. I depicts the section of the BRT PROJECT that is under CITY's jurisdiction (generally on downtown streets then south on International Blvd to 42nd Avenue). Exhibit A.2 depicts the section of the BRT PROJECT that lies within the CITY but is designated as State Route 185 (generally south of 42nd Avenue to the San Leandro border) and is under the STATE'S jurisdiction. These Exhibits shall be prepared and attached to this Agreement on or before completion of the Final Design Phase of the BRT PROJECT and are subject to approval by the DISTRICT General Manager and CITY Administrator.
3.
Exhibits B.!, B.2, and B.3 depict prototypical layouts for a center BRT STATION, a curbside BRT STATION and the area between BRT STATIONS respectively.
4.
The aforementioned Exhibits are fully annotated to indicate the respective maintenance and operations responsibilities and the boundary of the maintenance responsibilities of the DISTRICT, the CITY and where relevant, the STATE, all in accordance with Section E of this agreement.
5.
Rights granted to DISTRICT under this Agreement are restricted to maintenance and operation of BRT FACILITIES. Any other use or presence by DISTRICT or DISTRICT's authorized contractors will require that a separate encroachment permit be issued to that party from CITY.
6.
DISTRICT shall not, at any time, use or permit the public to use BRT FACILITIES in any manner that will interfere with or impair the primary use ofBRT FACILITIES as a bus transit facility.
7.
Upon reasonable advance notice to DISTRICT, CITY reserves its right to temporarily use those BRT FACILITIES areas within CITY's right of way for future construction, reconstruction, or maintenance purposes without reimbursement to the DISTRICT.
BRT O&M Agreement- Oakland
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8.
CITY reserves its right to permanently change the use of those BRT FACILITIES areas within CITY's right of way without restriction should DISTRICT cease operation of bus services at BRT FACILITIES for a period of longer than 180 calendar days. CITY may require DISTRICT, at its own expense, to remove constructed improvements and reconstruct to an acceptable condition.
9.
DISTRICT shall not erect signs of any kind within BRT FACILITIES, except such signs as may be necessary or appropriate in connection with the operation of the BRT FACILITIES or that are required by law. Such signs shall not be attached to or painted on any CITY structures or facilities except by prior written consent of CITY.
D.
MAINTENANCE DEFINED
Maintenance is defined in Section 27 of the Streets and Highways Code as follows: "Sec. 27 (a) The preservation and keeping of rights-of-way, and each type of roadway, structure, safety convenience or device, planting, illumination equipment, and other facility, in the safe and usable condition to which it has been improved or constructed, but does not include reconstruction or other improvement. (b) Operation of special safety conveniences and devices, and illuminating equipment. (c) The special or emergency maintenance or repair necessitated by accidents or by storms or other weather conditions, slides, settlements, or other unusual or unexpected damage to a roadway, structure, or facility. "
E.
MAINTENANCE RESPONSIBILITIES
I.
DISTRICT RESPONSIBILITIES:
The BRT FACILITIES maintenance functions to be performed by DISTRICT, which are at DISTRICT's sole expense unless otherwise specified, are as follows: I.
BRT SIGNS With the exception of signs attached to signal facilities, DISTRICT shall be responsible for the installation and maintenance of all signage necessary for the direction and operation of the BRT PROJECT.
2.
BRT LIGHTING DISTRICT shall maintain and pay all operations costs, including electrical energy costs, of BRT FACILITIES lighting, including pedestrian scale safety lighting at, and adjacent to, BRT STATIONS as depicted on Exhibits B. I and 8.2.
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3.
BRT STATIONS DISTRICT shall be responsible for the maintenance, repair, capital replacement and cleaning of all BRT STATION elements including but not limited to: passenger platforms; shelters; canopies; railings; benches; ticket vending machines; station landscaping; lighting; transit information displays; and safety and security devices, as depicted on Exhibits B. I and B.2. Safety and security devices include, but are not limited to, gates, bollards, fences, railing, guardrails, markers, security cameras, and other security equipment. DISTRICT shall provide graffiti removal and garbage collection services for BRT STATIONS, as depicted on Exhibits B.l and B.2. DISTRICT shall provide electrical connections pay all electrical energy costs for BRT STATION equipment, such as TVMs and transit information displays, as depicted on Exhibits B.l and B.2. DISTRICT shall provide water meters and irrigation water at its own expense, for irrigated landscaping at BRT STATIONS, as depicted on Exhibits B.! and B.2. DISTRICT shall maintain all station platform curbs, sidewalks (or ramps) leading onto the station platform, and the center median refuge as shown within the boundary of maintenance responsibility as depicted on Exhibits B.! and B.2.
4.
BRT DRAINAGE The DISTRICT shall maintain drainage inlets and pipes located within the BRT STATION realm of responsibility as depicted on Exhibits B. I and 8.2. The delegation of responsibilities for any additional new drainage inlets and pipes constructed to serve BRT FACILITIES shall be established under a future amendment when these facilities are fully defined and quantified. This BRT FACILITIES DRAINAGE Amendment shall be fully executed and attached to this Agreement on or before completion of the Final Design Phase of the BRT PROJECT and is subject to approval by the DISTRICT General Manager and CITY Administrator.
5.
BRT BIKE RACKS DISTRICT shall maintain all bike racks installed in conjunction with the BRT PROJECT.
6.
BRT BUS PADS DISTRICT shall maintain all concrete bus pads at BRT STATIONS constructed under the BRT PROJECT.
7.
BRT FIBER OPTIC CABLE FACILITIES (Reserved) The delegation of responsibilities for BRT PROJECT fiber optic cable facilities shall be established under a future amendment when these facilities are fully defined and quantified. This FIBER OPTIC CABLE FACILITIES Amendment shall be fully
BRT O&M Agreement - Oakland
7 75
executed and attached to this Agreement on or before completion of the Final Design Phase of the BRT PROJECT and is subject to approval by the DISTRICT General Manager and CITY Administrator. The Amendment shall cover the following two categories of fiber optic cable facilities: Category l: General Station Communication, Station CCTV, Customer Payment Information, Bus Arrival Information Etc. These are functions whose natural operation and maintenance agency is AC Transit. Category 2: Transit Signal Priority, Signal Responsive Operations, Signal Optimization. These are project functions whose natural operation and maintenance agency is the City of Oakland.
IL
RESPONSIBILITIES DELEGATED TO THE CITY:
The following BRT FACILITIES maintenance functions are to be performed by CITY, subject to negotiated reimbursement by the DISTRICT under the DELEGATION OF MAINTENANCE amendment to this Agreement, unless otherwise specified: 8.
BRT LANE STRIPING CITY, at DISTRICT's expense shall replace the dedicated BRT lane striping and BRT pavement markings as necessary for the direction and operation of BRT traffic. This includes the expense for striping after pavement maintenance or pavement rehabilitation, except for the standard lane separation striping between the bus-only lane and the general traffic lane. CITY will neither maintain nor pay for the maintenance of any special pavement surface painting or pigmentation, which will be at DISTRICT's sole expense.
9.
BRT TRAFFIC SIGNALS A. CITY, at DISTRICT's expense, shall operate, maintain and provide the electrical energy associated with BRT TRAFFIC SIGNAL EQUIPMENT for the BRT PROJECT. The DELEGATION OF MAINTENANCE amendment shall assign 100% ofBRT TRAFFIC SIGNAL EQUIPMENT operations, maintenance and electrical energy costs to the DISTRICT. BRT TRAFFIC SIGNAL EQUIPMENT includes traffic signal components attached to mast arms and signal heads, signs attached to signal equipment and associated equipment attached to the traffic signal controller. The DELEGATION OF MAINTENANCE (DMA) amendment shall cover the shared operations, maintenance and energy costs for all other new TRAFFIC SIGNAL EQUIPMENT installed as part of the BRT PROJECT. PARTIES shall share other new TRAFFIC SIGNAL EQUIPMENT costs on a pro-rata basis tied to the number pfnew signals versus existing signals in the corridor. The DMA shall include an exhibit where the PARTIES distinguish between this pro-rata equipment, and equipment which fall entirely within the DISTRICT'S responsibility (see above).
BRT O&M Agreement- Oakland
8 76
PARTIES shall agree to a TRAFFIC SIGNAL EQUIPMENT maintenance schedule. Routine scheduled maintenance of TRAFFIC SIGNAL EQUIPMENT shall be performed within five business days of the due date. The DMA shall include an exhibit where the PARTIES define routine maintenance tasks. Each task type shall be assigned a time duration. Non-essential hardware failures are one category, failures that affect basic operations are another, and signal timing operation (TSP is part of this) are another. Hardware failures can be repaired in a shorter period of time. Conversely, signal timing revisions projects will be scheduled at intervals of two to five years and may last several months depending on the scope and complexity. TRAFFIC SIGNAL EQUIPMENT issues that significantly impact the safe and efficient operation of the BRT PROJECT will be treated as urgent. DISTRICT shall notify CITY and CITY shall respond according to current Public Works Agency Call Out Procedures for TRAFFIC SIGNAL EQUIPMENT (electrical) issues, such as an inoperative bus signal. Temporary equipment and/or controller settings may be implemented to ensure the safe and/or efficient operation of the intersection until permanent repairs are made. B. The DISTRICT is responsible to develop the BRT TRANSIT SIGNAL PRIORITY (TSP) TIMINGS during the commissioning, testing and start-up phase of the BRT PROJECT. TSP TIMINGS are all timing parameters necessary for the optimization of transit operations as well as other modes of travel. CITY shall review and approve said BRT TSP TIMING prior to start of revenue service operations. The DELEGATION OF MAINTENANCE amendment shall cover all CITY costs associated with said commissioning, testing and start-up phase of the BRT PROJECT.
DISTRICT shall contract with a qualified vendor to implement, monitor, troubleshoot, and repair BRT TSP TIMINGS for the first year of revenue service operations. The DISTRICT'S TSP TIMING Request for Proposal is subject to review and approval by the CITY Public Works Director. During this one-year transition period, said vendor shall assist the PARTIES to develop a mutually agreed upon BRT TSP TIMING operations and maintenance plan and shall provide all necessary training for CITY personnel who will be responsible for BRT TSP TIMING operations and maintenance. DISTRICT'S contract with said BRT TSP TIMINGS vendor shall include the option to extend the transition period for up to twQ additional years at the CITY'S request. CITY shall assume administration of said contract during the extension period. The DELEGATION OF MAINTENANCE amendment shall cover all CITY costs incurred during the BRT TSP TIMINGS transition period. After the transition period ends, the CITY, at DISTRICT'S expense, shall be responsible to adjust, monitor, troubleshoot and repair BRT TSP TIMINGS according to the BRT TSP TIMING operations and maintenance plan. The DELEGATION OF MAINTENANCE amendment shall cover all CITY costs associated with ongoing operations and maintenance ofBRT TSP TIMINGS~
BRT O&M Agreement - Oakland
9 77
The DMA shall include mechanisms that allow the CITY to perform scheduled maintenance ofBRT TSP TIMINGS within five business days of the due date. BRT TSP TIMING issues that significantly impact the safe and efficient operation of the BRT PROJECT will be treated as urgent. DISTRICT shall notifY CITY and CITY respond according to protocols contained within said BRT TSP TIMING operations and maintenance plan. 10.
OFF STREET PARKING LOTS CITY shall be responsible for the operation and maintenance of two off-street parking lots constructed by the DISTRICT as part of the BRT PROJECT: one surface lot no larger than 24 spaces located in the Fruitvale area and one surface lot no larger than 19 spaces lot located in the Elmhurst area. The CITY shall retain all revenues collected at these off-street parking lots. The CITY shall assume responsibility for operations and maintenance upon Final Completion of Construction of each parking lot.
III.
ONGOING CITY RESPONSIBILITIES:
The ongoing operations and maintenance functions to be performed by CITY for streets under the CITY's jurisdiction include, but are not limited to, the following: II.
PAVEMENT MAINTENANCE AND STREET SWEEPING For streets under the CITY's jurisdiction and as conditions determined by CITY warrant, it will continue to be the responsibility of CITY to provide street sweeping, maintenance and repair, and to rehabilitate or reconstruct the entire pavement, including the BRT FACILITIES bus only lane pavement, consistent with CITY standards and subject to funding availability. CITY will provide reasonable advance notice of such construction activity and will coordinate with DISTRICT to minimize adverse impacts to DISTRICT's BRT operations. CITY will neither maintain nor pay for the maintenance of any pavement surface painting or pigmentation for BRT FACILITIES, which will be at DISTRICT's sole expense. For streets under the CITY's jurisdiction and as conditions determined by CITY warrant, it will continue to be the responsibility of CITY to maintain standard striping and other pavement lane markings required for direction and operation of general vehicular traffic.
12.
TRAFFIC SIGNALS For streets under the CITY's jurisdiction and as conditions determined by CITY warrant, CITY shall perform all maintenance activities on all traffic signals pursuant to Item Number 7 above.
13.
PEDESTRIAN CROSSWALKS For streets under the CITY's jurisdiction and as conditions determined by CITY warrant, it will continue to be the responsibility of CITY to maintain pedestrian crosswalks, except the area comprising the center median refuge leading to BRT STATION platforms as depicted on Exhibits B.! and B.2. The CITY will neither maintain nor pay for the
BRT O&M Agreement- Oakland
10 78
maintenance of any non-standard pedestrian lighting, crosswalk painting, or any other non-standard treatment of pedestrian crosswalks installed under the BRT PROJECT. 14.
PEDESTRIAN LIGHTING CITY shall be responsible for the energy supply and maintenance of all pedestrian lighting except at BRT STATIONS as depicted on Exhibits B.l, B.2 and/or B.3. This includes pedestrian lighting a new or upgraded signalized intersections and pedestrian crossings.
15.
EMERGENCY VEHICLE MEDIAN ACCESS For streets under the CITY's jurisdiction and as conditions determined by CITY warrant, CITY will maintain emergency vehicle median access.
16.
CURBS AND SIDEWALKS For streets under the CITY's jurisdiction and as conditions determined by CITY warrant, CITY will maintain all curbs, sidewalks, drainage inlets and pipes except at BRT STATIONS as depicted on Exhibits B.l and B.2.
17.
LANDSCAPING After a 3-year plant establishment period to be covered by the DISTRICT'S Construction contracts and to include all plantings, irrigations systems, tree wells and tree grates, CITY shall assume responsibility for maintaining all landscaping areas included within the geographic boundaries of the BRT PROJECT, except at BRT STATIONS as depicted on Exhibits B.l and B.2. CITY shall provide water meters and irrigation water at its own expense for irrigated landscaping, except at BRT STATIONS as depicted on Exhibits B.l and B.2.
F.
LEGAL RESPONSIBILITIES
1.
Nothing in this Agreement is intended to create duties or obligations to or rights in third parties not a party to this Agreement or to affect the legal liability of any party to the Agreement by imposing any standard of care with respect to the maintenance of CITY streets different from the standard of care imposed by law.
2.
Neither CITY nor any officer, council member, employee or consultant thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by DISTRICT under or in connection with any work, authority or jurisdiction allocated to DISTRICT under this Agreement. It is understood and agreed that, DISTRICT will fully defend, indemnify, and save harmless CITY and all of its council members, officers, employees and consultants from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tort, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by DISTRICT under this Agreement.
BRT O&M Agreement- Oakland
11 79
3.
Neither DISTRICT nor any officer, director, employee or consultant thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction allocated to CITY under this Agreement. It is understood and agreed that, CITY will fully defend, indemnify, and save harmless DISTRICT, and its officers, directors and employees, from all claims, suits or actions of every, kind and description brought forth under, including, but not limited to, tort, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement.
4.
Labor Code Compliance: Prevailing Wages (reserved)
5.
Prevailing Wage Requirements in Maintenance Subcontracts (reserved)
G.
EFFECTIVE DATE, AMENDMENT AND RIGHT TO TERMINATE
Subject to approval by the PARTIES' respective governing bodies, this Agreement shall be effective upon the date appearing on its face and shall remain in full force and effect for twelve (12) years. This Agreement may be amended or terminated at any time upon mutual written consent of the PARTIES. Upon termination of this Agreement, DISTRICT shall, at DISTRICT's expense and to the extent practicable, return BRT FACILITIES to a condition substantially equivalent to the condition existing prior to the execution of this Agreement, or to a condition acceptable to CITY. This Agreement may not be changed, modified or rescinded except in writing, signed by the PARTIES, and any attempt at oral modification of this Agreement shall be void and of no effect. The PARTIES have delegated to the undersigned the authority to execute this Agreement on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Agreement.
BRT O&M Agreement- Oakland
12 80
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ALAMEDA-CONTRA COSTA TRANSIT DISTRICT
CITY OF OAKLAND
By: ~D~E~A~NN~A~J~.~SA~N~T~A~N~A~,~~~~~-
DAVID J. ARMIJO General Manager
CITY Administrator
Attest:
Clerk Approved as to form:
Approved as to form and content:
DAVID A. WOLF General Counsel
BARBARA J. PARKER, City Attorney
EXHIBIT A. I -Detailed Strip Maps of Corridor between Downtown and 42"d Avenue depicting respective maintenance responsibilities of the PARTIES [RESERVED] EXHIBIT A.2 -Detailed Strip Maps of Corridor Between 42"d Avenue and the San Leandro Border (State Route 185) depicting respective maintenance responsibilities of the PARTIES, and where relevant the State [RESERVED] EXHIBIT B. I- Prototypical Layout of a Center BRT STATION depicting the respective maintenance responsibilities of the PARTIES EXHIBIT B.2- Prototypical Layout of a Curbside BRT STATION depicting the respective maintenance responsibilities of the PARTIES EXHIBIT B.3- Prototypical Layout of the area between BRT STATIONS depicting the respective maintenance responsibilities of the PARTIES. BRT O&M Agreement- Oakland
13 81
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82
1.
ELECTRICAL SERVICE LATERALS AND METER IN ELECTRICAL CABINET MAINTAINED BY OTHERS.
2.
WATER SERVICE AND METER IN SIDEWALK MAINTAINED BY OTHERS.
3.
MAINTENANCE OF COMMUNICATIONS CONDUITS/CONDUCTIRS SHALL BE DETERMINED AFTER DESIGNS HAVE BEEN COMPLETED.
4.
MAINTENANCE OF DRAINAGE INLETS AND/OR PIPES/TRENCH DRAINS I SHALL BE DETERMINED AFTER DESIGNS HAVE BEEN COMPLETED. I - - -- -
1<:
I
'"
TRENCH DRAIN (SEE NOTE 4)
- - - - - - - - RjW:_____L__ _ _ _-n-1 TRENCH DRAIN (SEE NOTE 4) SIDEWALK
,-------'-- -
FIBER OPTIC PULLBOXES MAINTAINED BY EACH OWNER
PROPOSED DRAIN INLET
____ !/_W __
- -- - -
BACKFLOW PREVENTER
PROPOSED DRAIN INLET
SIDEWALK
OUTLET TO SDMH OUTLET TO SDMH
OUTLET TO SDMH
TRAVEL/PARKING LANES BUS PAD ELECTRICAL CABINET
ALL BRT STATION FEATURES, LIGHTING, AMENITIES, GRAFFITI REMOVAL, TRASH COLLECTION, TVMs, TRANSIT INFORMATION DISPLAYS, SAFETY AND SECURITY DEVICES, BUS PADS, LANDSCAPING, AND IRRIGATION MAINTAINED BY THE DISTRICT (AC TRANSIT)
DEDICATED
LANE
TO SYSTEMS DEVICES
BRT PLATFORM LANDSCAPED AREA
TO POWERED DEVICES
AREA DEDICATED BRT LANE
BUS PAD STATION LIGHTING
CITY STANDARD CROSS WALK MAINTAINED BY CITY OF OAKlAND
OUTLET TO SDMH OUTLET TO SDMH OUTLET TO SDMH
SIDEWALK
SIDEWALK
TRENCH DRAIN (SEE NOTE 4)
- - - - - - - - - - - - - R/w,.--,------"-'
L-'L------.- - - - - - -
- - - - - - - - - - - - - - - - -R/w-PROPOSED DRAIN INLET TRENCH DRAIN (SEE NOTE 4)
TYPICAL CIVIL LAYOUT
CJ B
01-15-14 RE'ASEO PER 0&:1.1
A
10-04-1J REVISED PER 0&:1.1
REV
DATE
MEDIAN BRT PLATFORM
BOUNDARY OF MAINTENANCE RESPONSIBIUlY FOR BRT FACIUTIES BY THE DISTRICT (AC TRANSIT)
10'
0'
10'
20'
GRAPHIC SCALE
..aRT
BUS RAPID TRANSIT
ALAMEDA CONTRA COSTA TRANSIT DISTRICT EAST BAY BUS RAPID TRANSIT
EAST BAY BUS RAPID TRANSIT PROJECT
~ ~PARSONS
OESCRIPT10N
83
AGREEMENT FOR MAINTENANCE EXHIBIT EXHIBIT B1 -CITY OF OAKLAND PROTOTYPICAL EXHIBIT: MEDIAN STATION
OWGNO
B1 SHCET HO
1.
ELECTRICAL SERVICE LATERALS AND METER IN ELECTRICAL CABINET MAINTAINED BY OTHERS.
2.
WATER SERVICE AND METER IN SIDEWALK MAINTAINED BY OTHERS.
3.
MAINTENANCE OF COMMUNICATIONS CONDUITS/CONDUCTIRS SHALL BE DETERMINED AFTER DESIGNS HAVE BEEN COMPLETED.
4.
MAINTENANCE OF DRAINAGE INLETS AND/OR PIPES/TRENCH DRAINS SHALL BE DETERMINED AFTER DESIGNS HAVE BEEN COMPLETED. TRENCH DRAIN PERFORATED PIPE UNDERDRAIN TRENCH DRAIN FIBER OPTIC PULLBOXES MAINTAINED BY EACH OWNER
LANDSCAPED AREA
R/W
- - - - - - - - ----rl"EfTRiC SERVICE LATERAL
SIDEWALK
I STATION LIGHTING
L3;~----------
PROPOSED DRAIN INLET
•o
SIDEWALK
OUTLET TO SDMH
TO POWERED DEVICES TO SYSTEMS DEVICES
OUTLET TO SDMH
r=it===t~Fo------t-IFo----j-\------o>-
COMMUNICATIONS INTERFACE CABINET OUTLET TO SDMH
BUS PAD
ELECTRICAL CABINET
BIKE RACKS CITY STANDARD CROSSWALK MAINTAINED BY CITY OF OAKLAND
ALL BRT STATION FEATURES, LIGHTING, AMENITIES, GRAFFITI REMOVAL, TRASH COLLECTION, TVMs, TRANSIT INFORMATION DISPLAYS, SAFETY AND SECURITY DEVICES, BUS PADS, LANDSCAPING, AND IRRIGATION MAINTAINED BY THE DISTRICT (AC TRANSIT)
OUTLET TO SDMH
OUTLET TO SDM
SIDEWALK
----------R/wl BOUNDARY OF MAINTENANCE RESPONSIBIUlY FOR BRT FACIUTIES BY THE DISTRICT {AC TRANSIT)
TRENCH DRAIN (SEE NOTE 4)
SIDEWALK
l";w----------
TYPICAL CIVIL LAYOUT CURBSIDE BRT PLATFORM
10'
0'
10'
20'
GRAPHIC SCALE
~
B
01
l
A
10-04-13 REVISED PER O&t.l
··
REV
..aRT
15 14 REVISED PER O&:t.l
DATE
EAST BAY BUS RAPID TRANSIT PROJECT
BUS RAPID TRANSIT
ALAMEDA CONTRA COSTA TRANSIT DISTRICT EAST BAY BUS RAPID TRANSIT
~ ~PARSONS
DESCRIPTION
84
AGREEMENT FOR MAINTENANCE EXHIBIT EXHIBIT B2- CITY OF OAKLAND PROTOTYPICAL EXHIBIT: CURBSIDE STATION
OWGNO
B2 SHEET NO
\
I
\
\
\
\
SIDEWALK, PEDESTRIAN RAMPS, BULBOUTS, AND STANDARD CROSSWALKS MAINTAINED BY THE CITY OF OAKLAND
STANDARD TRAFFIC SIGNAL/EQUIPMENT, SIGNAL nMING, AND
/
\
INTERSECTION SAFETY LIGHTING MAINTAINED BY THE CITY OF OAKlAND
\
\
\ __
I
STANDARD PEDESTRIAN SIGNAL/EQUIPMENT, SIGNAL TIMING, AND SAFETY LIGHTING MAINTAINED BY THE CITY OF OAKLAND
_/_
\
___ _j
~~
PAVEMENT AND SIGNING AND STRIPING
l
\
OF MIXED FLOW LANES MAINTAINED BY CITf OF OAKLAND
MEDIAN CROSS-OVER MAINTAINED BY THE CITY OF OAKLAND
t-
-------------
1
INTERNATIONAL BLVO
--r_ : _-
I
T--
-----------------
SIDEWALK, PEDESTRIAN RAMPS, BULBOUTS, AND CROSSING TREATMENTS
MAINTAINED BY THE CITY OF OAKLAND
I EXISTING AND NEW MEDIAN LANDSCAPING TO BE MAINTAINED BY THE CITY OF OAKLAND
I BRT STRIPING MAINTAINED BY THE CITY OF OAKLAND BRT LANE PAVEMENT MAINTAINED BY CITY OF OAKLAND
I
I
I
BACKFLOW PREVENTER AND LATERAL TO MEDIAN MAINTAINED BY THE CITY OF OAKLAND
I I
~----~E~~~----~----~ I
~
1 1
• • • • "I II~·;;;:;;;~· 1
m
I
BRT LANE MAINTENANCE RESPONSIBILITY: • STRIPING AND PAVEMENT MAINTENANCE BY CITY OF OAKLAND
NOTES:
NEW LANDSCAPED AREAS MAINTAINED BY CITY OF OAKLAND EXISTING LANDSCAPING MAINTAINED BY CITY OF OAKLAND
: ~] SIGNALIZED INTERSECTION 0 • TRAFFIC SIGNAL/EQUIPMENT MAINTAINED BY CITY OF OAKLAND
~-E~S~ ~ N~W__:__ ~ N~W B
01-14-14 R£'JISED PER Otil
A
10-04-13 REVISED PER Otil
REV
D.O.TE
PED
___
I
1.
I
2. 3.
I
1
I
_j
4. 5. 6.
BUS PAOS AND DECELERATION PADS MAINTAINED BY THE DISTRICT (AC TRANSIT). ALL NEW LANDSCAPING ANO CURBS AT BRT STATIONS MAINTAINED BY THE DISTRICT (AC TRANSIT). ALL SIGNS REQUIRED FOR BRT OPERATIONS MAINTAINED BY THE DISTRICT (AC TRANSIT), EXCEPT SIGNAL-MOUNTED SIGNS MAINTAINED BY THE CITY OF OAKLAND. PAVEMENT MAINTENANCE AND STREET SWEEPING BY THE CITY OF OAKLAND. ALL NEW AND EXISTING STREET DRAINAGE MAINTAINED BY THE CITY OF OAKLAND. WATER SERVICE AND METER IN SIDEWALK MAINTAINED BY OTHERS.
BRTBUS RAPID TRANSIT ALAMEDA CONTRA COSTA TRANSIT DISTRICT EAST BAY BUS RAPID TRANSIT
---- -
40'
o'
20'
40'
GRAPHIC SCALE
EAST BAY BUS RAPID TRANSIT PROJECT
~ ~PARSONS
DESCIIIPTIOO
85
AGREEMENT FOR MAINTENANCE EXHIBIT EXHIBIT B3- CITY OF OAKLAND PROTOTYPICAL EXHIBIT: BRT CORRIDOR
0\\GNO
B3 SHEET NO
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EXTERNAL AFFAIRS COMMITTEE
January 22, 2014 Agenda Item A-1 – A-2
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Report No: Meeting Date:
14-014 January 22, 2013
Alameda-Contra Costa Transit District
STAFF REPORT TO:
External Affairs Committee AC Transit Board of Directors
FROM:
David J. Armijo, General Manager
SUBJECT:
Monthly Legislative Report
BRIEFING ITEM RECOMMENDED ACTION(S} :
Consider receipt of the Monthly Legislative Report. EXECUTIVE SUMMARY:
Both the House and Senate passed the two-year budget recommendation agreements for FY 14 and FY 15. The Commuter Tax Benefit has expired but could be included in tax extender legislation. California's budget situation continues to improve due to increased personal income tax revenues which are projected to comprise two-thirds of general fund revenues in 2014-15. Senator Jim Beall convened a panel on the condition of California's roads and transportation funding. BUDGETARY/FISCAL IMPACT:
There is no budgetary or fiscal impact associated with this report .
BACKGROUND/RATIONALE: Federal Legislation Update
1) Senate Joins House in Passing Two-Year Budget The Bipartisan Budget Act was approved by the House on December 12, 2013 and by the Senate on December 18, 2013 . The budget agreement would raise discretionary spending by $63 billion over the next two years and increase overall discretionary spending to $1.012 trillion in FY 14 and to $1.014 trillion in FY 15. This is a $45 billion increase over the FY 14 sequestration level set in the Budget Control Act. Defense and domestic spending are increased equally. Under the agreement, as long as Congress does not exceed overall spending of $1.012 trillion thi s year and to $1.014 trillion in FY 2015, there will not be sequestration, or across-the-board cuts.
89
Report No. 14-014 Page 2 of 3 The agreement includes dozens of specific deficit-reduction provisions, with mandatory savings and non-tax revenue totaling approximately $85 billion. The agreement would reduce the deficit by between $20 and $23 billion. The plan includes several provisions such as increased airline passenger fees, higher contributions from federal employees to their retirement, increased premiums paid by companies to the Pension Benefit Guaranty Corp., and an extension of higher customs fees. It also cuts Medicare and several other mandatory spending programs through 2021. The budget agreement will now enable the Appropriations Committees to finalize FY 2014 funding bills. The additional $45 billion provided by the agreement in FY 2014 will be divided equally between defense and domestic programs. House floor action will most likely occur the week Congress returns from the holiday recess starting January 6. Both chambers will have until January 15 to pass a final conference report before current funding runs out. For FY 15, having a common top line in the House and Senate, should help avoid the sharp divide over spending between the two chambers. 2) Transit Portion of Commuter Tax Benefit Expired But May Be Included in Tax Extender The Commuter Parity Act to establish parity between parking and commuter transit benefits expired on December 31, 2013. Senator Max Baucus (D-MT) has released preliminary details on a tax extender package to extend this benefit next year. The expired parity legislation increased transit commuters' tax benefits from $130 to $245 per month, which was parity with parking benefits. The expiration of the parity benefit will cause hardship to transit commuters. An organized advocacy effort is expected to raise the importance of this economic benefit for transit commuters.
State Legislation Update 1) State Budget Forecasts Continues to Improve The Legislative Analyst's Office (LAO) has issued its budget forecasts which indicate strong positive growth, mainly due to increased personal income tax revenues. In 2012-13, the fiscal year ended with a $234 million reserve and schools receiving an additional $1.75 billion as mandated by Proposition 98. In 2013-14 the state is projected to end the year with $2.4 billion in reserves which is a significant increase over the projected reserve amount of $1.1 billion. The LAO has forecasted an operating surplus of $3.2 billion in 2014-15. The Governor continues to advocate for increasing reserves and paying down the state's, "Wall of Debt." If economic indicators worsen, personal tax revenues could adversely affect the promising forecasts. 2) State Senator Jim Beall (D) Conducts Budget Subcommittee Hearing on Funding State Senator Jim Beall convened a hearing of the Senate Budget Subcommittee on Resources, Environmental Protection, Energy & Transportation on December 16, 2013 on the condition of the state's roads and transportation funding. California State Transportation Agency (CaiSTA) Secretary Brian Kelly clarified the goals of the California Transportation Infrastructure (CTIP) workgroup. These goals include:
90
Report No. 14-014 Page 3 of 3 • • •
Provision of safe and efficient mobility to California's citizens through a multi-modal system Availability of fast, clean and efficient alternatives to vehicular transit, contributing to the state's sustainability goals Integration and modernization of various modes into one seamless transportation system
When the Governor's proposed budget is released on January 10, 2014, it is expected to contain recommendations that refine the statewide transportation needs assessment, explore long-term, pay-as-you-go funding options, and an evaluation of the appropriate level of government to deliver the investments needed for the state's infrastructure needs.
ADVANTAGES/DISADVANTAGES: This report is being provided to inform the Board of monthly legislative activities. This provides clear direction to legislators, and other bodies, of AC Transit's positions.
ALTERNATIVES ANALYSIS: This report provides an update of monthly legislative activities. AC Transit could opt to defer from legislative positions and operate without making its positions known, leaving the District vulnerable to unfavorable legislation.
PRIOR RELEVANT BOARD ACTIONS/POLICIES: Staff Report 12-253: 2013 Federal and State Legislative Advocacy Programs
ATTACHMENTS: 1: 2: 3:
4:
Federal Update from VanScoyoc Associates State Legislative Report from Platinum Advisors FY 2013 Federal Advocacy Program FY 2013 State Advocacy Program
Department Head Approval: Prepared by:
Dennis Butler, Chief Planning & Development Officer Beverly Greene, Director of Legislative Affairs & Community Relations
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SR 14-014 Attachment I
VANSCOYOC A
B
8
0
C
I
A
T
E
8
Transportation Update December 16,2013 Steven 0. Palmer, Vice President David Haines, Manager
Last Week Balanced Budget Act. On Tuesday, December I 0, House and Senate negotiators released recommendations for a two-year budget deal. The Bipartisan Budget Act of 2013 decreases sequestration cuts by $63 billion, and sets a FY 2014 discretionary spending limit at $1.012 trillion. With the $63 billion in sequestration relief, $491.8 billion would be provided for nondefense discretionary spending, such as DOT funding. There were a handful of transportation issues in the budget bill, including provisions to: • Increase the current airline passenger security fee from $2.50 per flight segment to $5.60. • Require the Transportation Security Administration to continue to staff airport exit lanes through the end of FY 2014. TSA had proposed to transfer these staffing costs, which total $88 million nationwide, to individual airports. • Reaffirm that any general fund transfer to the Highway Trust Fund must be offset with revenue increases or spending cuts. On Thursday, December 12, the House debated and approved the Bipartisan Budget Act by a 332-94 margin. The Senate will begin debate on the bill on Tuesday, December 17. The first vote will be a procedural vote to waive Budget Act points of order and will require 60 votes. If successful, final passage is expected by Thursday.
Update: Tax Extensions. The House adjourned for the year without acting on tax extenders legislation. On December 31, fifty-five tax extenders will expire, including maintaining parity for pre-tax free transit benefits with parking benefits, as well as the alternative fuels tax credit. Update: WRDA Conference. Senator Barbara Boxer, the lead Senate negotiator on the Water Resources Development Act (WRDA) conference committee, announced Thursday that Congress would not finish WRDA negotiations before Congress breaks for the holidays. Both House and Senate negotiators hope to finish the bill early next year.
Hearing: New Starts Program. On December II, the House Committee on Transportation and Infrastructure's Subcommittee on Highways and Transit held a hearing entitled, "Examining the Current and Future Demands on FTA's Capital Investment Grants." The hearing reviewed, among other issues, changes to the New Starts/Small Starts program since the enactment ofMAP-21, as well as demand for getting into the grant program. Witnesses included Peter Rogoff, Federal Transit
93
2 Administrator and Norm Coleman, Mayor of St. Paul, Minnesota, as well as representatives from Utah Transit Authority, Chicago Transit Authority, and the Cato Institute.
Hearing: Aviation Oversight. On December 12, the House Committee on Transportation and Infrastructure's Subcommittee on Aviation held a hearing entitled, "The State of American Aviation." The hearing reviewed the economic health of American aviation and potential issues to be considered in the next Federal Aviation Administration reauthorization bill. Witnesses included Susan Kurland, DOT Assistant Secretary for Aviation and International Affairs, as well representatives from Airlines for America, American Association of Airport Executives, General Aviation Manufacturers Association, National Business Aviation Association, and AFL-CIO. Hearing: DHS Vacancies. On December 12, the House Committee on Homeland Security held a hearing entitled, "Help Wanted at DHS: Implications of Leadership Vacancies on the Mission and Morale." Witnesses included Tom Ridge, Former Secretary of DHS, as well as representatives from GAO, Partnership for Public Service, and The National Treasury Employees Union. Speech: Aviation Authorization. On December 11, House Transportation and Infrastructure Committee Chairman Bill Shuster spoke to the International Aviation Club of Washington, DC on the next aviation reauthorization that expires at the end of fiscal year 2015. Chairman Shuster called on aviation stakeholders and lawmakers to propose new ideas and emphasized the need for collaboration among views in order to successfully pass the next aviation authorization bill. Among his priorities are reviewing Europe and Israel's models of airport security, ensuring that the FAA is prepared to implement the NextGen air traffic control system; and examining European aircraft certification methods in order to improve American certification. Senate Markup: DHS Deputy Nomination. On Wednesday, December II, the Senate Homeland Security and Governmental Affairs Committee voted to approve the nomination of Alejandro Mayorkas to be Deputy Secretary at the Department of Homeland Security. Each of the Committee Democrats voted for the nomination, while the Republicans voted "present." The nomination will now go to the full Senate for a future vote. . Department of Transportation
Announced Departures. Last week, two senior DOT appointees announced that they soon will be leaving their current positions: • Deputy Secretary John Porcari announced he will be leaving by December 31, as he will be joining Parsons Brinkerhoff. Secretary Foxx announced that Federal Highway Administrator Victor Mendez will be Acting Deputy Secretary until the President nominates a replacement. • NHTSA Administrator David Strickland announced that he will be leaving at some undetermined date. Federal Communications Commission
Vote: Cell Phones on Planes. On Thursday, December 12, the Federal Communications Commission (FCC) voted 3-2 to ease rules on using phones for voice, text, and e-mail during commercial flights. That same day, DOT announced a review of phone policies on commercial flights. DOT will review the policies and request comments from stakeholders and the public. This Week
94
3
Floor Debate: DHS Secretary. On Monday, December 16, the Senate will debate and vote on the nomination of Jeh Johnson to be the next Secretary for the Department of Homeland Security. Floor Debate: Balanced Budget Act. As noted above, the Senate will begin debate on the Balanced Budget Act on Tuesday, December 12. Once the Senate completes action on the bill, the Senate will adjourn for the year.
The House has adjourned for the year and will return for the Second Session of the 113'h Congress on January 7, 2014.
###
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SR: 14-014 Attachment 2
December 6, 2013 TO :
Director Greg Harper, President, and Members of the Board David J. Armijo, General Manager Beverly Greene, Director, Community Relations & Legislative Affairs
FR:
Steve Wallauch Platinum Advisors
RE:
Legislative Update
Budget News: Urging careful consideration by the Legislature before making new budgetary commitments, the Legislative Analyst released his fiscal forecast . The forecast assumes the continued growth in the economy as well as maintaining the State's current policies. Should the State's economy continue as expected, California would end 2014-15 with a $5.6 billion reserve. The revenue gains projected by the LAO are largely from increased personal income tax revenue, which includes volatile capital gains tax revenue. An alarming statistic in the LAO's report is personal income tax revenues will comprise 66.3% of all general fund revenue in 201415. The LAO points out that despite what appear to be strong numbers now, an economic downturn could immediately reverse the improving financial picture.
•
2012-13- The LAO estimates that last fiscal year closed with $1.65 billion more revenue than originally estimated. This bump is due primarily to higher income tax collections compared to the Budget Act. Because of the way the Proposition 98 guarantee was calculated, $1.75 billion additional would go to schools leaving a $234 million reserve. The Budget Act assumed a $254 million reserve.
•
2013-14- The Budget Act assumes a $1.1 billion reserve, which the LAO believes, has increased to $2.4 billion. Higher capital gains pushed income tax revenue up $4.7 billion. Prop 98 will take $3.1 billion of this jump, and other spending will consume about $300 million. 1
97
•
2014-15- As compared to the Budget Act forecast, the LAO is now forecasting $5.8 billion in higher revenue, $3.3 billion in higher prop 98 spending, and $1.5 billion in other spending on obligations such as debt service, health, and human services. This would leave an operating surplus of $3.2 billion.
Given the volatility of income taxes, the still shaky economy, and the eventual end Prop 30 tax hikes, the LAO recommends building an $8 billion reserve by 2016-17. The LAO also encourages prioritizing expenditures toward unfunded retirement liabilities, paying off debt to schools and community colleges, using funds toward inflationary increases of existing programs, and using a small amount of the surplus toward new programs. The additional sales tax coming into the State as a result of Proposition 30 expires at the end of 2016 and the additional personal income tax sunsets at the end of 2018. Governor Brown stated his approval of the LAO's suggestions to build a reserve and pay down debt.
ZBus: CARB is revisiting its Zero Emission Bus (ZBus) program regulations. They have held two workshops so far and more are on the way. In addition to these workshops, CARB staff is meeting with operators and bus manufactures to explore regulatory changes need to take the next steps in the development and commercialization of zero emission buses, which includes both battery electric and fuel cell buses. In addition, CARB is examining the possibility of expanding the ZBus program to include medium and smaller operators. Since the existing requirement for large operators to start purchasing zero emission buses is on hold, CARB staff will be drafting amendments to the ZBus regulations that will likely focus on further research and development of zero emission buses, and the eventual phase in of the these vehicles. Regulatory changes being considered also include using a calculation of zero emission miles traveled by operators, such as the use of hybrid vehicles, as a means of phasing in the ZBus goals. Another workshop will likely be set for late April or early May. At this workshop CARB staff anticipates releasing draft regulatory changes. This will be followed by an informational update to the Board in May, a series of workshops next summer, and taking the ZBus amendments to the Board for adoption in December of 2014.
Transportation Funding: The California Alliance for Jobs and Transportation California submitted an initiative proposal aimed at creating a new funding program for transportation projects in California. Title and summary of the proposed initiative is expected to be completed by January 101h. This initiative would be placed on the November 2014 ballot; however, the sponsors have not made any decisions on whether to move forward with signature gathering. They submitted this proposal in order to keep their options open. The California Road Repair Act would phase in a 1% fee based on the value of each vehicle registered in California. The fee would not apply to commercial trucks over 10,000 pounds jf the excise tax on diesel fuel is increased by at least 3 cents per gallon by July 1, 2016.
2
98
The 1% fee would be phased in over four years at which point it is estimated to generate $2.9 billion annually. In addition, the revenue cannot be used make any interest or principle payments on bonds, therefore it creates a pay as you go program. As specified in the Coalition's press release, the revenue would be allocated as follows. •
25% of all new revenue to all cities in California distributed on a formula allocation based on population for local street and road projects.
•
25% of all new revenue to all counties in California based on a formula allocation equal to 75% of fee-paying vehicle and 25% road miles for local street and road projects.
•
40% of all new revenue for maintenance and rehabilitation of the State Highway System. Half of these funds would be programmed for projects based on the NorthSouth split formula, where 60% is allocated to Southern California projects, and 40% to Northern California projects. The remaining 50% would be programed for projects based on the "highest need" statewide.
•
10% of all new revenue to public transit operators for system maintenance, rehabilitation and vehicle replacement. The funds cannot be used for operations, and the revenue would be allocated based on the current State Transit Assistance Program formula.
Legal for Now: Sacramento Superior Court has rejected two lawsuits challenging the legality of California's Cap & Trade auction. The lawsuits filed by the California Chamber of Commerce and Morning Star Packaging Company claimed AB 32 did not authorize CARB to collect auction revenues in excess of the cost to administer AB 32 programs, and the auction is an illegal tax because AB 32 was not approved by a 2/3 vote ofthe Legislature. The Court found that CARB does have the authority to auction emission allowances and it is not an illegal tax that violates Prop 13. Needless to say CaiChamber plans to appeal this decision, so the saga of whether Cap & Trade funds will flow continues. However, the findings in this case may put pressure on the state to repay the $500 million in cap & trade auction revenue loaned to the general fund in the 2013-14 budget, and appropriate cap & trade funds to AB 32 programs. To determine if it is a fee and not a tax, the Court opined that the auction revenue must be used to regulate and further the goals of AB 32, and not be used as a revenue raising effort. If the state does not repay the loan and use the funds to further AB 32 then the Appeal Court may reconsider whether it is a regulatory fee. As for determining the nexus on how the auction revenue is used, the Superior Court found that "all that is required is a reasonable relationship between the charges and the covered entities' responsibility for the harmful effects of GHG emissions." The appeal will likely challenge whether this is too broad of a test.
3
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SR: 13-298 Attachment 3
2013 Federal Advocacy Program Funding
•
FY 2012 Grant Opportunities- Secure federal funds for key capital projects and support funding for 2013 Project Priorities for: o East Bay BRT Improvements within the Small Starts Program and other programs o AC Transit's Intelligent Transportation and Communication System upgrades o Bus lifting equipment program o Rehabilitation of aging facilities
•
Advocate for supplemental funding through the Federal Transit Administration to offset rising operating costs without jeopardizing total funding available for capital projects.
•
Support funding for the Transbay Terminal.
•
Support/seek additional funding for lifeline services including, but not limited to services for access to work, school or medical facilities.
•
Support efforts to rescind the planned across-the-board cuts to all federal programs, called "Sequestration," as enacted under the Budget Control Act of 2011 . Such cuts would reduce funding for the Small Starts Program, which could impact the East Bay BRT project schedule.
Transportation Authorization Principles
•
Support efforts to increase the gas tax or to increase other revenues to replen ish and sustain long-term growth of the Highway Trust Fund/Mass Transit Account.
•
Support transportation authorization reform that emphasizes greater funding levels to urban mass transit systems, and oppose efforts to reduce spending on transit formula programs.
•
Support FTA and Congressional efforts to make State of Good Repair for transit bus systems a strategic priority.
P age ll
101
•
Support broad funding eligibility for BRT projects in federal transit programs, including New Starts and Small Starts programs,
•
Seek revisions to the Metropolitan Planning Organization (MPO) grandfather clause that supports the direct representation of transit properties on local transportation policy boards.
Other Advocacy
•
Advocate for transit-supportive legislation that mitigates global warming and/or calls for environmental stewardship and related funding.
•
Support funding and coordination between Health and Human Service (HHS) agencies and other transportation agencies to provide services to HHS clients.
•
Support modal parity in the commute tax benefits.
•
Support legislation that relieves the fiscal burden of mandatory regulations.
Pagel2
102
SR: 14-014 Attachment 4
2013 State Advocacy Program Funding •
Support efforts to implement the Moving Ahead for Progress in the 21st Century Act (MAP-21) that at least maintains funding level for mass transit projects and programs for bus operators in the Bay Area .
•
Support the development and implementation of an expenditure plan for AB 32 cap and trade revenue that provides an equitable investment in mass transit capital improvements, operations, and infill/transit oriented development.
•
Support efforts that create new sources of operating funds with equitable distribution to reflect urban transit needs.
•
Support efforts to sustain existing transit revenues.
•
Support efforts that would exempt public transit providers from state sales tax.
•
Support efforts to provide funding for lifeline services including, but not limited to, services for access to work, school or medical facilities.
•
Support local ability to increase fees and gas taxes to be used for local mass transit purposes.
•
Support legislation and programs that would provide funding for global warming initiatives, clean air and clean fuels and that support implementation of AC Transit's Climate Action Plan.
•
Seek funding for East Bay Bus Rapid Transit.
•
Support congestion pricing strategies and legislation that provide an equitable multimodal distribution of generated revenues.
•
Support legislative or administrative action to remove State barriers so that Medicaid transportation funds can be used for public transit services, including ADA paratransit services.
•
Support funding and coordination between Health and Human Service (HHS) agencies and other transportation agencies to provide services to HHS clients.
Page ll 103
•
Support legislation and programs that would provide funding for employee benefits programs.
•
Support funding initiatives that relieve the fiscal burden of mandatory regulations.
Equipment and Operations •
Support legislation or administrative action that would direct Caltrans to establish and maintain HOV lanes on state highway routes and to improve existing HOV lane management to maximize throughput.
•
Support incentives to provide bus contra flow lanes on the San Francisco-Oakland Bay Bridge to/from the Transbay Terminal.
•
Support legislation to exempt public transit vehicles from state and local truck route ordinances.
•
Support legislation or administrative action that would direct Caltrans to permit permanent use of freeway shoulders by public transit buses.
Transit Incentives •
Support legislation to provide incentives for employees and employers to use public transportation to commute to work, including tax credits for purchasing transit passes.
•
Support Clean Air Initiatives that encourage increased public transit use.
•
Support incentives that would give auto insurance credits to heavy transit users.
•
Support common fare programs between Bay Area systems.
•
Support legislation to provide incentives for local governments and developers to incorporate transit passes into the cost of housing.
Environment and Transit Supportive Land Use
•
Support efforts that provide a new form of tax increment financing that promotes economic investment through transit oriented development, and requires the approval of all affected taxing entities.
•
Advocate for transit-supportive legislation that addresses climate change, healthy communities and environments.
Page
12 104
•
Foster transit supportive land use initiatives that require coordination with transit providers in the initial stages of local planning or project development that impacts transit, including density level decisions or transit oriented developments (TODs); and advocate for the required use of: o Transit streets agreements, and o Complete streets plans in which local transportation plans anticipate use of all modes.
•
Support legislation that requires reporting of Vehicle Miles Traveled (VMT) annually through DMV renewal.
Policy Interests •
Support simple majority vote for local transportation ballot tax initiatives.
•
Support legislation to allow District to ban persons for specified offenses from entering district property.
•
Seek revisions to the Metropolitan Planning Organization (MPO) grandfather clause that supports direct representation of transit properties on local transportation policy boards.
•
Redefine agency as Rapid Transit District.
•
Support legislation for STA formula reform that includes federal operating funding as eligible revenue.
•
Support efforts that maintain existing Workers' Compensation regulation.
Page
13 105
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106
Report No: Meeting Date:
14-028 January 22, 2014
Alameda-Contra Costa Transit District
STAFF REPORT TO:
External Affairs Committee AC Transit Board of Directors
FROM:
David J. Armijo, General Manager
SUBJECT:
2014 Federal and State Legislative Advocacy Programs
ACTION ITEM RECOMMENDED ACTION(S):
Consider approving the District's Federal and State Legislative Advocacy Programs for 2014. EXECUTIVE SUMMARY:
This report provides recommendations for the 2014 Federal and State Legislative Advocacy Programs. BUDGETARY/FISCAL IMPACT:
There is no budgetary or fiscal impact associated with this report.
BACKGROUND/RATIONALE:
Each year the AC Transit Board of Directors adopts advocacy programs to provide guidance for the District's activities in Washington, D.C. and Sacramento to influence transit legislation, appropriations, and administrative matters at the State and Federal levels. The attached programs for 2014 address on-going efforts as well as emerging issues for the coming year. Staff solicited input to develop the attached Federal and State advocacy programs from key staff and executives. Per the Board's direction (GM Memo 10-039a), draft programs were distributed to advocacy groups and the District's planning and funding partners to solicit feedback. Responses received were considered in developing the attached advocacy programs. ADVANTAGES/DISADVANTAGES:
This report is being provided to recommend areas of emphasis to guide Federal and State Advocacy efforts. ALTERNATIVES ANALYSIS
This report is being provided based on the District's current priorities.
107
Report No. 14-028 Page 2 of 2
PRIOR RELEVANT BOARD ACTIONS/POLICIES: GM Memo 10-039a
ATTACHMENTS: 1: FY 2014 State Advocacy Program 2: FY 2014 Federal Advocacy Program
Department Head Approval:
Dennis Butler, Chief Planning & Development Officer
Prepared by:
Beverly Greene, Director of Legislative Affairs & Community Relations
108
Draft SR 14-028 Attachment 1
2014 State Advocacy Program Funding
•
Support efforts to implement the Moving Ahead for Progress in the 21st Century Act (MAP-21) and future transportation authorizations that at least maintains funding level for mass transit projects and programs for bus operators in the Bay Area.
•
Support the development and implementation of an expenditure plan for AB 32 cap and trade revenue that provides an equitable investment in mass transit capital improvements, operations, and infill/transit oriented development.
•
Support efforts that create new sources of operating funds with equitable distribution to reflect urban transit needs.
•
Support efforts to sustain existing transit revenues.
•
Support efforts that would exempt public transit providers from state sales tax.
•
Support efforts to provide funding for lifeline services including, but not limited to, services for access to work, school or medical facilities.
•
Support local ability to increase fees and gas taxes to be used for local mass transit purposes.
•
Support legislation and programs that would provide funding to offset the costs of global warming initiatives, clean air and clean fuels and implementation of AC Transit's Climate Action Plan.
•
Seek funding to support and promote Bus Rapid Transit projects.
•
Support congestion pricing strategies and legislation that provide an equitable multimodal distribution of generated revenues .
•
Support legislative or administrative action to remove State barriers so that Medicaid transportation funds can be used for public transit services, including ADA paratransit services.
•
Support funding and coordination between Health and Human Service (HHS) agencies and other transportation agencies to provide services to HHS clients.
Page l 1 109
•
Support legislation and programs that would provide funding for employee benefits programs.
•
Support funding initiatives that relieve the fiscal burden of mandatory regulations.
Equipment and Operations •
Support legislation or administrative action that would direct Caltrans to establish and maintain HOV lanes on state highway routes and to improve existing HOV lane management to maximize throughput.
•
Support incentives to provide bus contra flow lanes on the San Francisco-Oakland Bay Bridge to/from the Transbay Terminal.
•
Support legislation to exempt public transit vehicles from state and local truck route ordinances.
•
Support legislation or administrative action that would direct Caltrans to permit permanent use of freeway shoulders by public transit buses.
Transit Incentives •
Support legislation to provide incentives for employees and employers to use public transportation to commute to work, including tax credits for purchasing transit passes.
•
Support Clean Air Initiatives that encourage increased public transit use.
•
Support incentives that would give auto insurance credits to heavy transit users.
•
Support common fare programs between Bay Area systems.
•
Support legislation to provide incentives for local governments and developers to incorporate transit passes into the cost of housing.
Environment and Transit Supportive Land Use
•
Support efforts that provide a new form of tax increment financing that promotes economic investment through transit oriented development, and requires the approval of all affected taxing entities.
•
Advocate for transit-supportive legislation that addresses climate change, healthy communities and environments.
Pagel2 110
•
Foster transit supportive land use initiatives that require coordination with transit providers in the initial stages of local planning or project development that impacts transit, including density level decisions or transit oriented developments (TODs); and advocate for the required use of: o Transit streets agreements, and o Complete streets plans in which local transportation plans anticipate use of all modes.
•
Support legislation that requires reporting of Vehicle Miles Traveled (VMT) annually through DMV renewal.
Policy Interests •
Support simple majority vote for local transportation ballot tax initiatives.
•
Support legislation to allow District to ban persons for specified offenses from entering district property.
•
Seek revisions to the Metropolitan Planning Organization (MPO) grandfather clause that supports direct representation of transit properties on local transportation policy boards.
•
Support legislation for STA formula reform that includes federal operating funding as eligible revenue.
•
Support efforts that maintain existing Workers' Compensation regulation.
Pagel3 111
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112
Draft SR 14-028 Attachment 2
2014 Federal Advocacy Program Funding •
FY 2014 Grant Opportunities- Secure federal funds for key capital projects and support funding for 2014 Project Priorities for: o
East Bay BRT Improvements within the Small Starts Program and other programs o AC Transit's Intelligent Transportation and Communication System upgrades o Bus lifting equipment program
o
Rehabilitation of aging facilities
•
Advocate for supplemental funding through the Federal Transit Administration to offset rising operating costs without jeopardizing total funding available for capital projects.
•
Support funding for the Transbay Terminal.
•
Support/seek additional funding for lifeline services including, but not limited to services for access to work, school or medical facilities.
•
Support efforts to rescind the planned across-the-board cuts to all federal programs, called "Sequestration," as enacted under the Budget Control Act of 2011 . Such cuts would reduce funding for the Small Starts Program, which could impact the East Bay BRT project schedule.
Transportation Authorization Principles •
Support efforts to increase the gas tax or to increase other revenues to replenish and sustain long-term growth of the Highway Trust Fund/Mass Transit Account.
•
Support transportation authorization reform that emphasizes greater funding levels to urban mass transit systems, and oppose efforts to reduce spending on transit formula programs.
•
Support FTA and Congressional efforts to make State of Good Repair for transit bus systems a strategic priority.
Pa ge ll
113
•
Support broad funding eligibility for BRT projects in federal transit programs, including New Starts and Small Starts programs,
•
Seek revisions to the Metropolitan Planning Organization (MPO) grandfather clause that supports the direct representation of transit properties on local transportation policy boards.
Other Advocacy •
Advocate for transit-supportive legislation that mitigates global warming and/or calls for environmental stewardship and related funding.
•
Support funding and coordination between Health and Human Service (HHS) agencies and other transportation agencies to provide services to HHS clients.
•
Support modal parity in the commute tax benefits.
•
Support legislation that relieves the fiscal burden of mandatory regulations.
Page
12 114
FINANCE AND AUDIT COMMITTEE
January 22, 2014 Agenda Items B-1 – B-11
115
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116
Report No: Meeting Date:
T/?-9/v'S/T
14-017 January 22, 2014
Alameda-Contra Costa Transit District
STAFF REPORT TO:
Finance and Audit Committee AC Transit Board of Directors
FROM:
David J. Armijo, General Manager
SUBJECT:
Monthly Budget Report Update
BRIEFING ITEM RECOMMENDED ACTION(S): Consider receipt of the Monthly Budget Update for November 2013, the fifth month of operations of Fiscal Year 2013-14. EXECUTIVE SUMMARY: The District's operating expense general fund budget results for the month ending November 30, 2013 for FY 2013-14 reported on a budgetary basis was under budget by a 1.5% or approximately$ 0.4 Million . On a Year-To-Date (YTD) basis, the District's operating expenses are under budget by approximately $3.7 Million or 2.7% as of the end of November 2013. Overall, labor costs were -$0.6 Million or 3.1% over budget for the month. This was primarily due to an expected large adjustment to bring pension contribution costs more aligned to the budgeted figures based on actuarial numbers. However, the month also continues to display the favorable positive variance in Operations wages for Transportation, Maintenance and Clerical workers, which is the main reason why total salaries and wages are under budget on a Year-toDate basis. As of November, the District continued experiencing the absence of forecasted contributions to healthcare costs by the District's largest employee union; Amalgamated Transit Union (ATU), the District has incurred additional labor costs of approximately $1.4 million on a Year-To-Date (YTD) basis due to this employee group not contributing to its Health and Welfare costs as planned. In conclusion, YTD operating costs continue to trend under budget, with the non-labor cost activity having the largest impact with a positive variance of $1.0 million. BUDGETARY/FISCAL IMPACT: There is no budgetary or fiscal impact associated with this report.
BACKGROUND/RATIONALE: During the month of November, most of the dynamics seen in previous months associated with the general fund operating expense budget remained in place, as you can see in Attachment 1.
117
Report No. 14-017 Page 2 of 3 Labor Costs are basically at projected budget levels on an YTD basis. As explained in previous monthly budget reports, the main reason why total labor costs have been kept at par to budgetary levels is that total wages in the Operations area, associated with Transportation, Maintenance and Clerical workers have remained consistently under budget. These lower total costs of wages are seen not just in overtime wages, as discussed previously, but also in regular time wages. This is the principal reason why total salaries and wages is $1.6 Million or 3.6% under budget between July and November 2013. So, the positive overall variance trend for labor costs continues despite the absence of contributions by ATU employees towards health and welfare costs, which had been forecasted to be in place since the beginning of the fiscal year. The District stopped collecting contributions to health and welfare costs for employees that are members of the Amalgamated Transit Union (ATU) as a result of the previous contract expiring June 30, 2013, and not having a new contract beginning July 1, 2013. The District's adopted budget for FY 2013-14 was developed under the assumption that all employees, including members of ATU, would be making contributions to the cost of health and welfare premiums starting July 1, 2013. The effect of not having contributions will be addressed as a part of the mid-year review. As of November, this could represent a budget adjustment of approximately$ 1.4 Million. It is also worth mentioning that due to a twist in the payroll calendar, the holiday wages cost associated with the Thanksgiving holiday work will be reflected in the December 2013 report. On an YTD basis, Labor costs are basically at budget levels on net, in spite of the aforementioned lack of healthcare contributions planned for the period. The positive variance seen for Pension Contributions YTD will be adjusted once the new Actuarial Cost Study is incorporated into the District's annual pension contributions, which may also require a budget amendment at mid-year. A preliminary adjustment was implemented in November which caused the monthly labor costs results to show a negative variance, but the main adjustment will be done in January 2014. Non-Labor expenses for the month of November show large positive variances compared to budget levels, as a result of lower cost for Services, Bus parts and supplies. As expected, the month also shows a significant positive variance in fuel prices. The variance resulted from purchases of diesel fuel being much lower than budgeted during the month of November, and average prices stayed at levels under budget for the remainder of the calendar year. Utilities and Taxes expenses returned to the previous positive trend seen since last year, with a positive 10.2% variance for the month. Finally, other expenses did not show much activity during the month due to a lower level of expense in dues and subscriptions, employee incentives costs and promotional and media ads. On an YTD basisL the cumulative variances for non-labor costs still show positive variances, particularly in Services with $1.3 Million or 13.9% under Budget, Other Materials and Supplies with $0.8 Million or 11.5% under Budget, Fuel and lubricants at $ 0.4 Million or 5.3% under budget. As explained previously, although the ADA Program would appear to have generated a positive variance of up to$ 1.0 Million YTD, this is mostly the result of temporary effects in the recording of invoices, which are not fully reflecting the rates associated with the new East Bay 118
Report No. 14-017 Page 3 of 3 Paratransit Consortium contract. It is very likely that the new contract in effect from July 2013 will require a budget amendment to reflect the new cost of this program.
ADVANTAGES/DISADVANTAGES: This report does not recommend a course of action with notable advantages or disadvantages.
ALTERNATIVES ANALYSIS: This report does not recommend an action.
PRIOR RELEVANT BOARD ACTIONS/POLICIES: Board Policy 312- Budget Policy
ATTACHMENTS: 1:
FY 2013-14 Operating Expense Trend Analysis
Department Head Approval: Prepared
by:
Lewis G. Clinton, Jr., Chief Financial Officer Hernan Vargas, Budget Manager
119
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120
FY13/14 Operating Expense Trend Analysis Preliminary November 2013
July Operating Expenses (OOO's) Salary & Wages
Fringe Benefits Pension Fund Total Labor Costs
Adjusted labor Costs Services Fuel & Lubricants Other Materials & Supplies Utilities & Taxes
Casualty & liability Interest Expense
ADA Consortium and Other Purchased
Other
Total Operating Expenses
Budget
Actual
August
Var$ 424 (212) 429
8,982 6,435 3,519 18,936 18,852
8,558 6,647 3,090 18,295 18,295
1,856 1,596 1,314 494 841 103 2,251 85
1,912 1,574 1,353 401 820 111 2,392 93
(55) 21 (39) 94 20 (8) (141) (8)
27,392
26,950
442
641 558
Var%
Budget
Actual
Var
$
Budget 8,982 6,435 3,519 18,936 18,852
Actual 8,567 6,900 3,097
18,564 18,564
4.6% -7.2% 12.0% 2.0%
2,217 1,566 1,005 530 897 108 2,232 185
(361) 29 309 (35) (57) (5) 19 (100)
-19.5%
73.1%
1,856 1,596 1,314 494 841 103 2,251 85
8.2%
27,392
27,304
88
8,538 8,017 3,085 19,640 19,640
(1,583) 434 (705) (788)
579 1,523 1,133 379 666 105 1,091 23
1,277 73 181 115 175 (2) 1,160 62
68.8% 4.6% 13.8%
-7.6% -6.3% -9.5%
1,856 1,596 1,314 494 841 103 2,251 85
1.6%
27,392
25,140
2,252
12.2% 3.4% 3.0% -3.0% 1.3%
-2.9% 18.9% 2.4%
444
Var%
415 (465) 422 372 288
8,982 6,435 3,519 18,936 18,852
4.7% -3.3%
September Var $
Var% 4.9% -24.6% 12.3% -3.7% -4.2%
23.2% 20.8% -2.2% 51.5%
1.5%
1.8%
23.5% -7.2% -6.7% -4.9% 0.8% -118.1% 0.3%
*Note: November 2013 additional accruals and final adjustments
could still be performed by the Accounting department. Budget review of actual figures could lead to further adjustments.
(J)
JJ
... I
0
~
.....
> -i -i
:...
121
FY13/14 Operating Expense Trend Analysis Preliminary November 2013 October Operating Expenses (OOO's)
Salary & Wages Fringe Benefits Pension Fund Total Labor Costs
Adjusted Labor Costs
Budget
8,982 6,435 3,519 18,936 18,852
Actual 8,961 6,266 3,076 18,304 18,304
November (Preliminary)
Var $
20 169 443 632 549
Var% 0.2% 2.6%
12.6% 3.3% 2.9%
*
8,982 6,435 3,519 18,936 18,852
Actual 8,687 6,355 4,387 19,430 19,430
Var $ 294 80 (868) (494) (577)
1,856 1,596 1,314 494 841 103 2,251 85
1,436 1,268 1,055 444 884 108 2,313 55
420 328 258
22.7% 20.6%
so
10.2% -5.1%
Budget
Var% 3.3% 1.2% -24.7%
-2.6% -3.1%
Budget
44,909 32,174 17,595 94,678 94,262
Total FYTD Actual Var $ 43,311 1,597 34,185 (2,011) 16,735 860 94,232 446 94,232 30
Var% 3.6%
-6.3% 4.9%
0.5% 0.0%
Services Fuel & Lubricants Other Materials & Supplies
Utilities & Taxes
Casualty & Liability Interest Expense ADA Consortium and Other Purchased Other Total Operating Expenses
1,856 1,596 1,314 494 841 103 2,251 85
1,850 1,621
27,392
26,829
1,268
619 774 108 2,257 28
6 (25) 46 (125) 67 (5) (6) 57
0.3% -1.6% 3.5%
-25.4% 8.0% -4.9% -0.3%
66.7%
(43) (5) (62) 30
19.7%
-4.9%
-2.8% 35.3%
9,281 7,978 6,569 2,470 4,204 515 11,255 424
7,994 7,551 5,813 2,373 4,041 540 10,286 383
1,287 427 756 98 163 (25) 968 40
13.9% 5.3% 11.5%
4.0% 3.9% -4.9% 8.6%
9.5%
563
2.1%
27,392
*Note: November 2013 additional accruals and final adjustments could still be performed by the Accounting department. Budget review of actual figures could lead to further adjustments.
122
26,992
400
1.5%
136,958
133,214
3,743
2.7%
Report No: Meeting Date:
14-016 January 22, 2014
Alameda-Contra Costa Transit District
STAFF REPORT TO:
Finance and Audit Committee AC Transit Board of Directors
FROM:
David J. Armijo, General Manager
SUBJECT:
Monthly Report on Investments
BRIEFING ITEM RECOMMENDED ACTION IS): Consider Receiving Monthly Report on Investments for November 2013.
EXECUTIVE SUMMARY: As of November 30, 2013 the District had the following investments: Repurchase Agreement (REPO)
$25 million (Collateralized 102%)
Money Market Account
$ 84.16 million (Collateralized 110%)
Money Market Account
$1.75 million (small banks; all FDIC insured)
BUDGETARY/FISCAL IMPACT: There are no budgetary or fiscal impacts associated with this report.
BACKGROUND/RATIONALE: In compliance with Section 15.0 of Board Policy 336, Investment Policy, the Monthly Report on Investments for November 2013 is forwarded to the Board of Directors for review. The portfolio contained in the Report for November 2013 is in compliance with Board Policy 336, Investment Policy. The District is able to meet its expenditure requirements for the next six months. Return on the District's investments is small due to the market conditions and ultra conservative investment approach. Daily roll-over of REPO and collateralized money market accounts is done with preservation of principal foremost in mind.
123
Report No. 14-016 Page 2 of 2
ADVANTAGES/DISADVANTAGES: This report does not recommend a course of action with notable advantages or disadvantages.
ALTERNATIVES ANALYSIS: This report is being provided to inform the Board of activities of the Treasury Department.
PRIOR RELEVANT BOARD ACTIONS/POLICIES: Board Policy 336, Investment Policy
ATTACHMENTS: 1: Monthly Report on Investments on November 2013.
Department Head Approval: Prepared
by:
Lewis G. Clinton, Jr., Chief Financial Officer Beverly Abad-Fitzgerald, Treasury Administrator
124
ALAMEDA - CONTRA COSTA TRANSIT DISTRICT MONTHLY REPORT ON INVESTMENTS FOR THE GENERAL FUND NOVEMBER 30, 2013
125
ALAMEDA- CONTRA COSTA TRANSIT DISTRICT MONTHLY REPORT ON INVESTMENTS
Table of Contents
Investment Summary
1
Investment Overview
2
Return on Investments
3
Detail of Portfolio
4
Repurchase Agreements
5
Government Securities (General Fund)
6
126
INVESTMENT SUMMARY FOR THE GENERAL FUND & BUS/OTHER FUND NOVEMBER 30, 2013
TYPE MONEY MARKET ACCOUNTS REPO'S TREASURY BILLS DISCOUNT NOTES AGENCY BONDS
Average Interest Rate%
0.248% 0.033% 0.000% 0.000% 0.000%
TOTAL GENERAL FUND INVESTMENTS
TYPE MONEY MARKET REPO'S DISCOUNT NOTES AGENCY BONDS
Average Interest Rate%
0.070% 0.000% 0.000% 0.000%
TOTAL OTHER (CaiEMAIBus Proc.)INVESTMENTS
Carrying Value
Par Value
Fair Value
%of Total
$22,550,346.71 $25,000,000.00 $0.00 $0.00 $0.00
$22,550,346.71 $25,000,000.00 $0.00 $0.00 $0.00
$22,550,346.71 $25,000,000.00 $0.00 $0.00 $0.00
47.42% 52.58% 0.00% 0.00% 0.00%
$47,550,346.71
$47,550,346.71
$47,550,346.71
100.00%
Carrying Value
Par Value
Fair Value
%of Total
$63,356,708.63 $0.00 $0.00 $0.00
$63,356,708.63 $0.00 $0.00 $0.00
$63,356,708.63 $0.00 $0.00 $0.00
100.00% 0.00% 0.00% 0.00%
$63,356,708.63
$63,356,708.63
$63,356,708.63
100.00%
Page 1 127
ALAMEDA- CONTRA COSTA TRANSIT DISTRICT INVESTMENT OVERVIEW FOR THE GENERAL FUND & BUS PROCUREMENT/OTHER FUND NOVEMBER 30, 2013 YTD
2014
2013 DESCRIPTION
JUL
AUG
SEP
OCT
NOV
DEC
JAN
FEB
MAR
APR
MAY
JUN
AVERAGE
CURRENT MONTH AVERAGE INTEREST RATES Repurchase Agreements (current month) Money Market Accounts (current month) Govt Securities held at month end Treasury Bills (purchased in current month) Discount Notes (purchased in current month) Agency Bonds (purchased in current month)
0.020% 0.070%
0.015% 0.070%
0.032%
0.070%
0.033% 0.070%
0.022% 0.070%
0.070%
0.072% 0.070%
0.061% 0.070%
0.051% 0.070%
0.041% 0.070%
0.061% 0.070%
0.060% 0.030% 0.139% 0.083%
0.110% 0.040% 0.136% 0.077%
0.100% 0.010% 0.133% 0.069%
0.090% 0.045% 0.127% 0.062%
0.090% 0.080% 0.120% 0.060%
0.090% 0.041% 0.131% 0.070%
DAYS
DAYS
DAYS
DAYS
DAYS
7
9
7
7
7
7
$25,000,000 $93,625,417
$25,000,000 $93,631,187
$25,000,000 $93,636,924
$25,000,000 $93,642,075
$25,000,000 $85,907,055
$25.000.000 $92,088,532
$118,625,417
$118,631,187 $118,636,924 $118,642,075
$110,907,055
$0
$0
$0
$0
$0
$0
$0
$117,088,532
$118,625,417
$118,631,187 $118,636,924 $118,642,075
$110,907,055
$0
$0
$0
$0
$0
$0
$0
$48,786,888
O.Q12%
0.070%
AVERAGE INTEREST RATE Repurchase Agreements {12-month avg) Money Market Accounts (12-month avg)
0.080%
Govt Securities held at month end Treasury Bills (Portfolio) Discount Notes (Portfolio) Agency Bonds (Portfolio) INVESTMENT BENCHMARKS Current Month Daily Fed Funds Average Current Month Daily 3 Month T Bill Rate Average Monthly Avg of Daily Fed Funds (12 month avg) Monthly Avg 3 Month T Bill Rate (12 month avg) AVERAGE MATURITY OF INVESTMENTS Repurchase Agreements Treasury Bills Discount Notes Agency Bonds
DAYS
DAYS
DAYS
DAYS
DAYS
DAYS
DAYS
DAYS
INVESTMENTS AT CARRYING VALUE Repurchase Agreements Money Market Treasury Bills Discount Notes Agency Bonds
INVESTMENTS AT COST
Page 2
128
ALAMEDA- CONTRA COSTA TRANSIT DISTRICT RETURN ON INVESTMENTS FOR THE GENERAL FUND & BUS PROCUREMENT/OTHER FUND NOVEMBER 30, 2013 2014
2013
RETURN ON INVESTMENTS Repurchase Agreements Money Marl
Interest received Accrued interest Total return on investments
JUL
AUG
SEP
OCT
NOV
$389
$410 5,446
$306
5,392
5,287
$667 5.464
$687 5.139
0 0 $5 781
0 0 $5 856
0 0 $5 593
0 0 $6131
0 0 $5826
$389
$389 5.467 $5 856
$292 5.301 $5593
$632
$632
5.499 $6131
5.194 $5826
5,392
$5781
DEC
MAR
FEB
JAN
YTD
APR
MAY
JUN
TOTAL
$2.459
0 0
0 0
0 0
0 0
$0
$0
$0
$0
0
0
0
0
$0
$0
$0
$0
0 0 $0
0 0
0 0 $0
$0
0 $0
0
0 $0
$0
$26.728 $0 $0 $0
$29 187 $2.334 $26,853 $29 187
PORTFOLIO INVESTED Average daily portfolio available for investment Average daily portfolio invested
$42.625.731 $29,166,667
$42.625.731 $29.166,667
68.43%
68.43%
% of average daily portfolio invested
CARRYING VALUE GENERAL FUND PORTFOLIO
FY 12/13
FY 13/14 Jul 2013 A"g Sep Oct
No'
$45.496,647 $46,135,214 $46,136,641 $47,548,538 $47,550,347
Jul 2012 A"g Sep Oct
No'
Dec Jan 2014 Feb Mat Apt May
Dec Jan 2013 Feb Mat Apt May
Joe
Joe
Jul2013 A"g Sep Oct
Nmt
$73,128.770 $72,495,973 $72,500,284 $71,093,538 $63,356,709
Jul 2011 A"g Sep Oct
No' Dec Jan 2012 Feb Mat Apt May
Joe
Jul2012 A"g Sep Oct
$34.705,371 $34,707,265 $34,709,158 $49,291,355 $49,293,816 $49,296,513 $49,299,100 $50.975.655 $48,916,111 $49,623,413 $49,184,941 $48,916,111
No'
Dec Jan 2014 Feb Mat Apt May
Dec Jan 2013 Feb Mat Apt May
Joe
Joe
Page 3
129
$35,460,813 $25,463,299 $25,464,942 $25,465,414 $40.467,036 $40,468,599 $40,837,954 $40,840,300 $40,843,075 $41,844,149 $42,597,995 $42,601,366
Jul 2010
""' Sep Oct
No' Dec Jan 2011 Feb Mat Apt May
Joe
Jul2011 A"g Sep Oct
No' Dec Jan 2012 Feb Mat Apt May
Joe
$5.743,559 $5,743,605 $5,743,649 $5,743,695 $5,743,739 $5,743,817 $5,375.346 $5,375,389 $34,699,100 $32,551,967 $32,553,678 $34,703,831
$25,423,957 $15,427.078 $15,429,234 $15,429,332 $45.432.936 $45,437,277 $45,442,015 $45,447,053 $45,451,256 $45,453,059 $45.456,386 $40.459,599 FY 10111
FY11/12
FY 12113
FY 13/14
CARRYING VALUE BUS/OTHER PORTFOLIO
$42,603,947 $42,607,123 $42,610,779 $42,931,605 $42.935,324 $42.939,037 $42,940,095 $43,416,351 $45,493,510 $44,777,188 $45,220,228 $45.493,510
FY 10/11
FY11112
Jul2010 A"g Sep Oct
No' Dec Jan 2011 Feb Mat Apt May
Joo
$5.742.841 $5,742,990 $5,743,090 $5,743,140 $5.743,184 $5.743,245 $5.743,291 $5,743,332 $5,743,378 $5,743,423 $5,743.468 $5.743.513
ALAMEDA- CONTRA COSTA TRANSIT DISTRICT DETAIL OF PORTFOLIO FOR THE GENERAL FUND & BUS PROCUREMENT/OTHER FUND NOVEMBER 30, 2013 Purchased From
TYPE
Settlement
Maturity
Date
Date
Days to Maturity
MONEY MARKET ACCOUNTS Wells Fargo
Local Banks TOTAL MONEY MARKET ACCOUNTS
REPO'S
Bank of America
TREASURY BILLS:
11126/13
TOTAL REPO
12/03113
7
Purchased Rate%
Maturity Rate%
Carrying Value
Fair Value
Par Value
0.070% 0.425% 0.248%
0.070% 0.425% 0.248%
20,796,085.19 1,754,261.52 22,550,346.71
20,796.085.19 1, 754,261.52 22,550,346.71
20,796,085.19 1, 754,261.52
0.040%
0.040%
25,000,000.00
25,000,000.00
25,000,000.00
0.00
0.00
000
22,550,346.71
TOTAL TREASURY BILLS
AGENCY DISC NOTES:
TOTAL DISCOUNT NOTES AGENCY BONOS:
TOTAL BONDS I PORTFOLIO
-GENERAL FUND
0.00
0.00
000
47,550,346.71
47,550,346.71
47,550,346.71
1,309,141.98 1,308, 133.79 60,739,432.86 0.00
1,309,141.98 1,308,133.79 60,739,432.86
000
1,309,141.98 1,308,133.79 60,739,432.86 0.00
63,356,708.63
63,356,708.63
63,356,708.63
110,907,055.34
110,907,055.34
110,907,055.34
MONEY MARKET: Wells Fargo MONEY MARKET ACCOUNTS
CatEMA
0.070%
0.070%
CalEMA Grant No_ 6461 Bus Procurement
0.070% 0.070%
0.070% 0.070%
TREASURY BILLS: AGENCY DISC NOTES:
AGENCY BONOS: 0.070%
PORTFOLIO- OTHER (CaiEma/Bus Procurement)
!TOTAL PORTFOLIO GENERAL FUND 47.42% 52.58% 0.00% 0.00% 0.00% 100.00%
COMPOSITION OF PORTFOLIO : Money Market Repurchase Agreements Treasury Bills Discount Notes Bonds
Page4
130
0.070%
OTHER {CaiEma/Bus Procurement) 100.00% 0.00% 0.00% 0.00% 000% 100.00%
ALAMEDA- CONTRA COSTA TRANSIT DISTRICT REPURCHASE AGREEMENTS FOR THE MONTH ENDED NOVEMBER 30,2013
SETTLEMENT DATE
MATURITY DATE
DAILY "REPO" INVESTMENT$
CURRENT INTEREST # OF DAYS RATE
INTEREST EARNED
INTEREST RECEIVED
CASH RECEIPT
AIR ACTIVITY
NET ACTIVITY
AVERAGE INVESTMENT AMT. INV • #OF DAYS/ DAYS IN MONTH :
30
BANK OF AMERICA
10/29/13 11/05/13 11/12/13 11/19/13 11/26/13 TOTAL
11/05/13 11/12/13
$25,000,000.00 $25,000,000.00
7
0.0400%
111.11
194.44
25,000,000.00
-83.33
-25,000,000.00
7
0.0200%
97.22
11/19/13 11/26/13
$25,000,000.00 $25,000,000.00 $25,000,000.00
7 7
0.0300% 0.0400%
145.83 194.44
97.22 145.83 194.44
0.00 0.00 0.00
0.00 0.00 0.00
7
0.0400%
138.89
0.00
25,000,000.00 25,000,000.00 25,000,000.00 25,000,000.00
55.55
25,000,000.00
5,833,333.33 5,833,333.33 5,833,333.33
$100,000,000.00
7
0.0325%
$687.49
$631.93
$125,000,000.00
-$27.78
$0.00
$29,166,666.65
12/03/13
PageS 131
5,833,333.33 5,833,333.33
ALAMEDA- CONTRA COSTA TRANSIT DISTRICT GENERAL FUND GOVERNMENT SECURITIES SUMMARY FOR THE MONTH ENDED
NOVEMBER 30, 2013
Treasury Bills Matured:
Treasurv Bills Held at Month End:
TOTAL TREASURY BILLS
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Discount Notes Matured:
Discount Notes Held at Month End:
TOTAL DISCOUNT NOTES Agenc Bond Matured
Agency Bond Held at Month End:
TOTAL BONDS
I
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Government Securities 90 days and less
0.00
0.00
0.00
000
0.00
0.00
0.00
0.00
Government Securities over 90 days
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Total Government Securities- Aged
0.00 0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
TOTAL GOVERNMENT SECURITIES
Variance
0.00
Page 6
132
Report No: Meeting Date:
14-019 January 22, 2013
Alameda-Contra Costa Transit District
STAFF REPORT TO:
Finance and Audit Committee AC Transit Board of Directors
FROM:
David J. Armijo, General Manager
SUBJECT:
Board Policy 302-lntroduction to Fiscal Policies
ACTION ITEM RECOMMENDED ACTION IS I: Consider Review of Board Policy 302 -Introduction to Fiscal Policies with no amendments.
EXECUTIVE SUMMARY: As noted, Board Policy 302 is the District's "Introduction to Fiscal Policies" and is general in nature. It has been reviewed and no changes are proposed at this time.
BUDGETARY/FISCAL IMPACT: There is no budgetary/fiscal impact associated with this report.
BACKGROUND/RATIONALE: In accordance with Board Policy No. 302, "the Board of Directors shall review each fiscal policy of the District once every two years with the exception of the investment policy which shall be review annually." This is in direct agreement with the Government Finance Officers Association's {GFOA's) recommended Best Practices. The GFOA states "a jurisdiction's adopted financial policies should be used to form major policy initiatives" and "should be reviewed to identify any gaps that should be addressed with new policies."
ADVANTAGES/DISADVANTAGES: This report does not recommend a course of action with notable advantages or disadvantages.
ALTERNATIVES ANALYSIS: Staff found no practical alternatives to the course of action recommended in this report.
PRIOR RELEVANT BOARD ACTIONS/POLICIES: GM Memo 12-024 Consider Review of Board Policy No. 302- Introduction to Fiscal Policies
133
Report No. 14-019 Page 2 of 2
ATTACHMENTS: 1:
Board Policy No. 302 Introduction to Fiscal Policies
Department Head Approval:
Lewis G. Clinton, Jr., Chief Financial Officer
Prepared by:
Ralph Martini, Controller
134
SR 14-019 Att.l
AC Transit
Policy No. 302
BOARD POLICY Category: FINANCIAL MATTERS
INTRODUCTION TO FISCAL POLICIES
1. The Board of Directors is responsible for setting the fiscal policies of the District. 2. The Board of Directors shall review each fiscal policy of the District once every two years with the exception of the investment policy which shall be reviewed annually.* 3. The fiscal policies of the District shall comply with the California Public Utilities Code affecting the District, Sections 24501 et seq. (the Transit District Law), the California Government Code, the Internal Revenue Service Code, the single Audit Act, and all other requirements of Local, State and Federal laws, regulations, and District Policy.
*In all cases where the Board of Directors is noted in this policy it shall be assumed that the Finance and Audit Committee has reviewed same and has made a recommendation to the Board of Directors prior to action by the Board.
Adopted: 9/92 Amendment(s):1 0/99:10/01:12/01: 08/04: 06/05. 6/08
Page 1 of 1
135
This page intentionally blank
136
Report No: Meeting Date:
14-052 January 22, 2014
Alameda-Contra Costa Transit District
STAFF REPORT TO:
Finance and Audit Committee AC Transit Board of Directors
FROM:
David J. Armijo, General Manager
SUBJECT:
Fuel Cell Bus Maintenance Grant Agreement with CTE
ACTION ITEM RECOMMENDED ACTION(S):
Authorize the General Manager to execute a funding agreement with the Center for Transportation and the Environment (CTE) for pass-thru Federal Transit Administration (FTA) National Fuel Cell Bus Program (NFCBP) funds for maintenance, service, and support of the fuel cell bus fleet in substantially identical form as the attached. EXECUTIVE SUMMARY:
The District was awarded a $1.65 million grant from the FTA NFCBP for the continued maintenance, service, and support for the fuel cells, traction batteries, and hybrid-drive systems of the fuel cell bus fleet. The grant is a pass-through from the CTE, a federally recognized consortium. The attached subcontract agreement is between AC Transit and CTE, the direct recipient of the grant. BUDGETARY/FISCAL IMPACT:
The $1,646,688 will partially offset District funds on supplier contracts to maintain the fuel cell bus fleet. The grant has a matching requirement of $2,499,634 million that will be fulfilled by expenses on hydrogen fuel and in-kind staff time charges for maintenance of the fuel cell buses.
BACKGROUND/RATIONALE:
The FTA's NFCBP is a cooperative initiative between government and industry to facilitate the development of commercially viable fuel cell bus technologies and related infrastructure for fuel cell transit buses, with a focus on full-size, heavy-duty, transit buses. In August of 2012, the FTA issued a solicitation for a total of $13.5 million in grants, and the District submitted a proposal with CTE for continued maintenance, service, and support of the fuel cell bus fleet. The CTE is a nonprofit organization based in Atlanta that facilitates the research, development, demonstration, bridge to commercialization, and market acceptance of advanced transportation technologies and alternative fuels. The FTA has partnered with three non-profit consortia as directed by legislation, and those consortia develop and manage projects and project teams under the NFCBP.
137
Report No. 14-052 Page 2 of 2 The awards under the NFCBP were announced earlier this year, and the District and CTE's proposal was selected. The award will pay for maintenance, service, and support of the District's fuel cell bus fleet through December 2016, along with CTE administrative costs. The agreement requires continued operation of the buses through the end of the grant term and continued data collection and reporting. The length of this term is comparable to other grant agreement requirements that the District has for hydrogen program assets, such as a requirement to continue operating the Emeryville station until September 2015 and the Seminary station until approximately March of 2017. The grant funds for the District will go towards replacement contracts for maintenance of the fuel cell bus components with US Hybrid (fuel cells), Siemens (bus electronics), Van Hool (bus parts and hydrogen tanks), and EnerDel (traction batteries). AC Transit has a matching funds share of $2.5 million, which will be made up of the existing staff time charges to operate and maintain the buses. ADVANTAGES/DISADVANTAGES:
There are no disadvantages that staff can identify. ALTERNATIVES ANALYSIS:
If AC Transit did not sign the agreement it would forfeit the funding and have to continue paying for the operating and maintenance of the buses from District funds and other fuel cell program grants. PRIOR RELEVANT BOARD ACTIONS/POLICIES:
SR 12-241- FTA National Fuel Cell Bus Program (NFCBP) Grant Proposal ATTACHMENTS:
Att 1: Agreement
Department Head Approval:
Tom Prescott, Chief Performance Officer
Reviewed
by:
James Pachan, Chief Operating Officer Lewis G. Clinton, Chief Financial Officer David A. Wolf, General Counsel
Prepared
by:
Chris Andrichak, Senior Analyst, Capital Planning and Grants
138
SR 14-052 Attachment 1
CENTER FOR T RAN SPORT ATION
AND T HE E N VIRONMENT
This Subagreement between the Alameda Contra Costa Transit District, DUNS# 043236231, (herein referred to as SUBRECIPIENT) and the Center for Transportation and the Environment ("CTE") serves as the contract for services that SUBRECIPIENT agrees to provide under the Cooperative Agreement between CTE and the Federal Transit Administration ("FTA") concerning the National Fuel Cell Bus Program and the development of commercially viable fuel cell bus technology and related infrastructure under Project ID GA-04-7009 and its amendments ("Project"). The following documents, collectively referred to as the " FTA Agreement", are incorporated by reference and made part of this Subagreement: (I) U.S. Department of Transportation Federal Transit Administration Master Agreement (FTA MA(l9)) dated October 1, 2012 (2) Cooperative Agreement for Project ID GA-04-7009 dated November XX, 2013, included in Attachment ! . (3) FTA Letter ofNo Prejudice dated September 18,2013, included in Attachment I.
1) STATEMENT OF DELIVERABLES AND SERVICES TO BE PERFORMED By executing this Subagreement, SUBREClPlENT agrees to perform and comply with those services set forth in the SUBRECIPIENT Deliverables, Budget and Schedule, attached and fully incorporated herein as Attachment II. SUBREClPIENT shall perform the services specified in the time and manner described. SUBRECIPIENT agrees to perform the services with that standard of professional care, skill and diligence normally provided in the performance of similar services. SUBRECIPIENT agrees to comply with all of the terms and provisions set forth in the FTA Master Agreement that governs SUBRECIPIENT's performance in service ofFTA as a Subrecipient or Third Party Participant (as defined in the FTA Agreement), to include adherence to all policies and procedures that require CTE's assurance, as a Recipient, on the compliance of Subrecipients and Third Party Participants. SUBRECIPIENT agrees that it will not jeopardize or in any way compromise CTE's compliance with any Recipient obligations under the FTA Agreement. Furthermore, SUBRECIPIENT acknowledges that this Agreement is Federally funded and that the Federal Government retains a Federal interest in all real property, equipment, and supplies as well as certain rights in data, patents, and copyrights as outlined in this Subagreement and the FTA Agreement. SUBRECIPIENT agrees that it will keep satisfactory records of its use of project property and, when necessary, will allow, and will require subcontractors to allow, access to records and sites of project performance to the (i) U.S. Secretary of Transportation or the Secretary's duly authorized representative, (ii) Comptroller General of the United States, and the Comptroller General's duly authorized representatives, and (iii) CTE. SUB RECIPIENT agrees and understands that Federal requirements that apply to work accomplished under this Project may change due to changes in Federal laws or regulations, changes in FTA or Fedenil guidance, changes to this Subagreement, or changes in a later edition of theFT A Master Agreement, and the changed requirements will apply to this Subagreement. This Subagreement, the FTA Agreement, and all attachments or appendices to those documents, constitute the entire Agreement between SUBRECIPIENT and CTE.
1 of 16 139
SR 14-052
Attachment 1 CTE-AC Transit Subagreement FTA Project GA-04-7009 Page 2 of8
2) TERM OF AGREEMENT The period of performance for this Agreement shall commence on the date the Agreement is countersigned by both parties and shall be completed no later than December 31, 2016, unless extended in writing by CTE. Per FTA's granting of an applicable Letter of No Prejudice dated September 18, costs dating back to September 5, 2013 are allowable per the terms of the Letter 3) AGREEMENT AMOUNT The Subcontract Amount to perform the scope of work presented in Attachment II (Scope of Work, Deliverables, Payment Schedule and Project Schedule) appended to this Subcontract is $4,146,302 USD.
SUBRECIPIENT shall provide Cost-Share to the project in the amount of $2,499,634 of cumulative Allowable Costs arising under this Subcontract. The total amount of reimbursement to be paid to SUBRECIPIENT by CONTRACTOR under this Subcontract shall not exceed one million six hundred forty six thousand six hundred sixty eight ($4,146,302- $2,499,634 [Cost-Share]~ $1,646,668 USD). 4) COST SHARE SUB RECIPIENT agrees to: a) Complete all proceedings necessary to provide the local share, except as CTE permits otherwise in writing, and b) NotifY CTE of any changed circumstances adversely affecting its ability to pay its local share, and in its notification: (1) Describe the actions it has taken or will take to ensure adequate resources to provide the local · share, and (2) Re-affirm its commitment to provide the local share. Unless, and only to the extent, CTE has provided its written consent permitting SUB RECIPIENT to defer provision of the local share, SUBREClPIENT agrees to provide its proportionate amount of its local share (according to the schedule presented in Attachment II) no later than the time when it invoices CTE to pay the costs of its project activities. 5) WARRANTY TERMS
SUBREClPlENT agrees to perform the necessary maintenance required by the fuel cell bus fleet at AC Transit in accordance to the terms of this agreement necessary to fulfill the project goal. 6) REIMBURSEMENT This is a Cost reimbursable type agreement and CTE will reimburse SUBREClPIENT for services provided based on actual, allowable, and eligible costs (as set forth in the FTA Master Agreement) reasonably incurred in the course of the work for this project. CTE will reimburse SUBREClPIENT within 10 days ofCTE's receipt of the money from the FTA. CTE is typically reimbursed by the FTA on a quarterly basis, subject to approval of the work accomplished.
SUBRECIPIENT agrees that it will not seek or obtain reimbursement for eligible Project costs until it has provided CTE all financial and progress reports required to date. Unless CTE has stated in writing that the SUBRECIPIENT may defer the local share, a) SUBRECIPIENT will not request or obtain more FTA funds than justified by eligible local share resources it has provided,
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SR 14-052 Attachment 1 CTE-AC Transit Subagreement FTA Project GA-04-7009 Page 3 of8
b) SUB RECIPIENT will not cause the proportion ofFTA funds available to it at any time to exceed the percentage authorized by this Subagreement, and c) SUBREClPIENTwill demonstrate that, when combined with FTA payments, it will provide adequate local funds that will cover all costs to be incurred for the Project, SUBRECIPIENT understands and agrees that payment to SUB RECIPIENT for any Project cost does not constitute the Federal Government's final decision about whether that cost is allowable and eligible for payment and does not constitute a waiver of any violation by SUBRECIPlENTofthe terms of the FTA Agreement for the Project or this Subagreement. SUB RECIPIENT acknowledges that the Federal Government will not make a final determination about the allowability and eligibility of any cost until an audit of the Project has been completed. SUBRECIPIENT agrees that Project closeout will not alter SUBRECIPIENT 's responsibility to return any funds due the Federal Government as a result of later refunds, corrections, or other transactions relating to their scope of work under this Agreement; nor will Project closeout alter the Federal Government's right to disallow costs and recover funds on the basis of a later audit or other review. Unless prohibited by Federal law or regulation, the Federal Government may recover any Federal assistance funds made available for the Project as necessary to satisfy any outstanding monetary claims that the Federal Government may have against SUBRECIPIENT. 7) INVOICES SUBRECIPIENT will submit quarterly invoices by the I Oth day following each calendar month for the work performed during the preceding quarter. A final invoice will be submitted within 60 days of the end date of the project. Failure to submit the final invoice within 60 days of the project end date may result in its nonpayment by CTE. Invoices shall be submitted by mail to Center for Transportation and the Environment, 730 Peachtree St., Suite 330, Atlanta, GA 30308 and by email to
[email protected]. 8) TERMINATION This agreement may be terminated in whole or in part as follows: A. By CTE, ifSUBRECIPIENT materially fails to comply with the terms and conditions of this Subagreement or the FTA Agreement, and such failure is not corrected within fifteen (15) days following receipt of written notice from CTE and provided further that if it would reasonably take longer than fifteen (15) days to correct such failure, no such failure shall be deemed to have occurred if SUBRECIPIENT has commenced to cure the failure within such fifteen ( 15) day period and diligently prosecutes the cure to completion. B.· By CTE, upon sending to SUBRECIPIENT written notification of termination, in which case CTE will reimburse SUBRECIPIENT for the contract price of supplies delivered and accepted and services performed prior to the termination notice and in accordance with the manner of performance set forth in this Agreement. C. By SUB RECIPIENT upon sending to CTE written notification setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, ifCTE determines in the case of partial termination that the reduced or modified portion of the grant will not accomplish the purposes for which the grant was made, it may terminate the grant in its entirety under either paragraphs A. or B. o.· By CTE, if CTE's Cooperative Agreement supporting this Subagreement is terminated by the FTA. 9) REPORTING SUB RECIPIENT will provide quarterly progress reports by the lOth day of each quarter summarizing the work completed during the previous quarter, achievements made toward project goals and
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milestones, any risks or obstacles to completing the project objectives that were identified during the quarter, budget status, schedule status, and planned work during next quarter. A final technical report will be submitted within 30 days of the end date of the project.
10) PROJECT RECORDS SUB RECIPIENT agrees to maintain satisfactory records related in whole or in part to the Project, including Data, Documents, Reports, Arrangements, other third party agreements of any type, and Supporting materials related to those records. Additionally, SUBRECIPIENT agrees to maintain accurate financial records in its Project account including records of: a) Tlie amount of all assets it receives for Project use, including, but not limited to: (l) All funds or the value of any property the Federal Government provides for the Project, and (2) All other funds and the value of any property or services it has received from sources other than the Federal Government Provided for the Project, accruing to the Project, or otherwise received on account of the Project, b) Project costs, including: ( l) All Project costs incurred for Project property, or Project services, and (2) Detailed descriptions of the type of property or services acquired, including, but not limited . to: properly executed payrolls, time records, invoices, contracts, vouchers, and other appropriate records, and (3) Detailed justifications for those Project costs, and c) All program income derived from Project implementation, except income FTA determines to be exempt from Federal program income requirements, and For a minimum of three (3) years after the Project end date, SUBRECIPIENT shall maintain Project records readily accessible for review and, as feasible, separate from records not related to the Project. Project closeout does not alter the record retention requirements of this section. 11) PROPERTY MANAGEMENT SUBRECIPIENT understands and agrees that the Federal Government retains a Federal interest in all federally funded real property, equipment, and supplies purchased under this Subagreement (Project property) until, and to the extent, the Federal Government removes that Federal interest. Title to equipment with Federal funds shall vest in CTE, as the Recipient of the FTA Agreement.
SUBRECIPIENT agrees to maintain continuing control of the use of Project property satisfactory to CTE, SUBRECIPIENT agrees to use Project property for appropriate Project purposes (including joint development purposes as well as uses that provide program income to support public transportation). SUBRECIPIENT agrees that the Federal Government may require it to return the entire amount of Federal funds spent on that property if, during its useful life, SUBRECIPIENT has unreasonably delayed using its Project property, or failed to use its Project property. SUB RECIPIENT further agrees to notify CTE immediately when it uses any Project property in a manner substantially different from this Subagreement or it withdraws any Project property from Project use. SUB RECIPIENT shall not use equipment acquired with Federal funds to provide services to nonFederal outside organizations without prior written approval from CTE.
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SUB RECIPIENT shall use the equipment in the Project for which it was acquired as long as needed to carry out its work defined in this Subagreement and shall not encumber the property. Equipment records shall be maintained accurately and shall include the following information. a) A description of the equipment. b) Manufacturer's serial number, model number, Federal stocknumber, national stock number, or other identification number. c) Source of the equipment, including the award number. d) Acquisition date and cost. e) Information from which one can calculate the percentage of Federal participation in the cost of the equipment. f) Location and condition of the equipment and the date the information was reported. g) Unit acquisition cost. h) Ultimate disposition data, including date of disposal and sales price or the method used to determine current fair market value where a recipient compensates the Federal awarding agency for its share. A control system shall be in effect to insure adequate safeguards to prevent loss, damage, or theft of the equipment. Any loss, damage, or theft of equipment shall be investigated and fully documented, and the recipient shall promptly notify CTE of the loss, damage, or theft. 12) PATENT RIGHTS SUBR!'OCIPIENT agrees that depending on the nature of the Project, the Federal Government may acquire patent rights when SUB RECIPIENT produces a patented or patentable invention, improvement, or discovery. The Federal Government's rights arise when the patent or patentable information is conceived under the Project, or reduced to practice under the Project. When a patent is issued or patented information becomes available as described, SUBREClPIENT agrees to notify CTE immediately, and provide a detailed report satisfactory to CTE. SUBRECIPlENT's rights and responsibilities in that federally funded invention, improvement, or discovery will be determined as provided by applicable Federal laws, regulations, and guidance, including any waiver thereof, and unless the Federal Government determines otherwise in writing, irrespective of SUBRECIPIENT's status as a large business, a small business, a State government, a State instrumentality, a local government, an Indian tribe, a nonprofit organization, an institution of higher education, or an individual, the SUBRECIPIENT agrees to transmit the Federal Government's patent rights to FTA as specified in 35 U.S.C. § 200 et seq., and U.S. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," 37 C.F.R. part 401. As permitted by 49 C.F.R. parts 18 and 19, license fees and royalties for patents, patent applications, and inventions derived from the Project are program income, and SUBRECIPIENT has no obligation to the Federal Government with respect to those license fees or royalties, except for compliance with 35 U.S.C. § 200 et seq., which applies to patent rights developed under a federally funded researchtype project, and as FTA determines otherwise in writing.
13) RIGHTS IN DATA AND COPYRIGHTS As used in this section, "Subject Data" means recorded information, whether or not copyrighted, that is delivered or specified to be delivered under this Subagreement. Examples of"subject data" included, but are not limited to, computer software, standards, specifications, engineering drawings
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and associated lists, process sheets, manuals, technical reports, catalog item identifications, and related information. "Subject data", does not include financial reports, cost analysis, or other similar information used for Project administration. The following restrictions apply to all subject data first produced in the performance of SUBREClPIENT's Project supported by this Subagreement. SUB RECIPIENT may not publish or reproduce any subject data in whole or in part, or in any manner or form, or permit others to do so, except for a) publications or reproductions for the SUBRECIPIENT's own internal use, b) an institution of higher learning, c) the portion of subject data that the Federal Government has previously released or approved for release to the public, or d) the portion of data that has the Federal Government's prior written consent for release. SUBRECIPIENT must provide a license to its "subject data" to the Federal Government, which license is royalty-free, non-exclusive, and irrevocable. Provided those actions are taken for Federal Government purposes, the Federal Government's license must permit the Federal Government to reproduce the subject data, publish the subject data, otherwise use the subject data, and permit other entities or individuals to use the subject data. In general, FTA's purpose in providing Federal funds for a research, development, demonstration, deployment, or special studies Project is to increase transportation knowledge, rather than limit the benefits of the Project to the Recipient and its Third Party Participants, therefore, the SUBRECIPIENT agrees that: I. When the Project is completed, it must provide information for a Project report that CTE will use to complete a Final Project Report. FTA may publish or make available the Final Report for publication on the Internet, 2. It must provide other reports pertaining to the Project that CTE may request, 3. FTA may make available to any FTA Recipient or any of its Third Party Participants at any tier of the Project, either FTA's copyright license to the subject data or a copy of the subject data, except as the Federal Government determines otherwise in writing, 4. It must identify clearly any specific confidential, privileged, or proprietary information submitted to CTE, 5. If the Project is not completed for any reason whatsoever, all data developed under the Project becomes "subject data" and must be delivered to CTE as the Federal Government may direct. As permitted by 49 C.F.R. parts 18 and 19, license fees and royalties for copyrighted material or trademarks derived from Project are program income, and SUB RECIPIENT has no obligation to the Federal Government with respect to those license fees or royalties, except for compliance with 35 U.S.C .. § 200 et seq., which applies to patent rights developed under a federally funded research-type project, and as FTA determines otherwise in writing. SUBRECIPIENT understands and agrees that in certain circumstances it may need to provide data developed without any Federal funding or support to FTA. Nevertheless, the foregoing requirement generally do not apply to data developed without Federal funding, even though that data may have been used in connection with the Project. Further, SUBRECIPIENT understands and agrees that the Federal Government will not be able to protect data developed without Federal funding from
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unauthorized disclosure unless that data is clearly marked "Proprietary" or "Confidential." The Recipient understands and agrees that the Federal Government may be required to release Project data and information that CTE submits to the Federal Government as required by: (I) The Freedom oflnformation Act, 5 U.S.C. § 552, (2) Another applicable Federal law requiring access to Project records, (3) U.S. DOT regulations, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations," specifically 49 C.F.R. § 19.36(d), or (4) Other applicable Federal regulations and guidance pertaining to access to Project records.
14) MISCELLANEOUS a) This document may be amended upon written agreement of both parties. It is not assignable without the express written agreement of both parties. b) SUBRECIPIENT and CTE shall cooperate in good faith with each other and as well as with FTA and any other PROJECT participants in carrying out the work under the FTA Agreement. c) Each party (the "Indemnitor") agrees to indemnify and hold harmless the other party (the "Indemnitee") and the Indemnitee's respective officers, directors, employees, subcontractors and agents against any and all liabilities, losses, claims, damages and expenses (including attorney's fees) that may result in any way from a breach of this Agreement or from any accident, injury or damage to person or property or from death of any persons by reason of any act, omission or performance under this Agreement by the Indemnitee, its agents, employees or subcontractors, except to the extent that the accident, injury, damage or death is due solely and directly to the sole negligence, gross negligence or willful misconduct of the Indemnitee. d) SUBRECIPIENT agrees to report the names and total compensation of each first-tier it's five highest compensated executives for the it's preceding completed fiscal year if, (I) In its preceding fiscal year, SUBRECIPIENT (a) Received 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal funds subject to the Transparency Act, as defined in 2 C.F .R. § 170.320 (and subawards ), and (b) Received $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal funds subject to the Transparency Act (and subawards), as defined in 2 C.F.R.§ 170.320, and (2) The public does not have access to information about the compensation of the AC Transit executives through periodic reports filed under (a) Section 13(a) of the Securities Exchange Act of 1934, 15 U.S.C. § 78m(a), (b) Section 15(d) of the Securities Exchange Act of 1934, 15 U.S.C. § 78o(d), or (c) Section 6104 of the Internal Revenue Code of 1986 If applicable, SUB RECIPIENT agrees to report the it's executives total compensation described above, to CTE and elsewhere as may be determined by the Government, by the 15"' day of the month following the month of execution of this Subagreement.
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e) CTE encourages SUBRECIPIENT to comply with the Special Provision of FTA Master Agreement MA(l9), Section 39- Safe Operation of Motor Vehicles, and to include the Special Provision in each third party subagreement at each tier financed with Federal funds.
Please indicate your acceptance of these terms by returning one signed copy of this Sub agreement to CTE. Sincerely,
Daniel J. Raudebaugh Executive Director Enclosures Attachment 1: FTA Agreement Attachment II: SUBRECIPIENT Scope of Work, Deliverables, Payment Schedule and Project Schedule Attachment III: SUBRECIPIENT Certifications AC Transit
Read, agreed to and accepted by SUB RECIPIENT:
Name: David J. Armijo Title:
· General Manager
Date: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
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Attachment I FTA Agreement
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Attachment II SUBRECIPIENT Scope of Work, Deliverables, Payment Schedule, and Project Schedule
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Attachment III SUBRECIPIENT Certifications
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(1) LOBBYING
31
u.s.c. 1352
49 CFR Part 19 49 CFR Part 20 The undersigned Subrecipient certifies, to the best of his or her knowledge and belief, that: (I) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1119/96). Note: Language in paragraph (2) herein has been modified in accordance with Section I 0 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. § 1352(c)(I)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] The Subrecipient, Alameda Contra Costa Transit District, certifies or affirms the truthfulness and accuracy or each statement of its certification and disclosure, if any. In addition, the Subrecipient understands and agrees that the provisions of 31 U.S.C. A 380 I, et seq., apply to this certification and disclosure, if any. _ _ _ _ _ _ _ _ _ _ _ _ _ Signature of Subrecipient Authorized Official
_ _ _David J. Armijo _ _ _ _ Name ofSubrecipient Authorized Official
_ _ _ General Manager_ _ _ _ Title of Subrecipient Authorized Official
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_ _ _ _ _ _ _ _ _ _ _ _ Date
(2) DEBARMENT AND SUSPENSION 49 CFR Part 29 Executive Order 12549 This Subagreement is a covered transaction for purposes of 49 CFR Part 29. As such, the Subrecipient is required to verify that none of the Subrecipient, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The Subrecipient is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing below, the Subrecipient certifies as follows: The certification in this clause is a material representation of fact relied upon by CTE. If it is later determined that the Subrecipient knowingly rendered an erroneous certification, in addition to remedies available to CTE, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The Subrecipient agrees to comply with the requirements of 49 CFR 29, Subpart C throughout the term of this Agreement. Subrecipient further agrees to include a provision requiring such compliance in its lower tier covered transactions.
_ _ _ _ _ _ _ _ _ _ _ _ Signature of Subrecipient Authorized Official
_ _ _David J. Armijo_ _ _ _ Name of Subrecipient Authorized Official
_ _ _ General Manager____ Title of Subrecipient Authorized Official
_ _ _ _ _ _ _ _ _ _ _ _ Date
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(3) FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS 31 U.S.C. 3801 et seq. 49 CFR Part 31 18 U.S.C. 1001 49 u.s.c. 5307 (I) The Subrecipient acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S. C. § § 3801 ~ ~. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.P.R. Part31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Subrecipient certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Subrecipient further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Subrecipient to the extent the Federal Government deems appropriate. (2) The Subrecipient also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S. C. § 5307(n)(l) on the Subrecipient, to the extent the Federal Government deems appropriate. (3) The Subrecipient agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.
_ _ _ _ _ _ _ _ _ _ _ _ Signature of Subrecipient Authorized Official
_ _ _ David J. Armijo _ _ _ _ Name of Subrecipient Authorized Official
_ _ _General Manager_ _ _ _ Title of Subrecipient Authorized Official _ _ _ _ _ _ _ _ _ _ _ _ _ Date
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(4) TRAFFICKING IN PERSONS 2 C.F.R. part 175
Suprecipient agrees that it and its employees that participate in this Subagreement, may not: I. Engage in severe forms of trafficking in persons during the period of time that the Subagreement is in effect, 2. Procure a commercial sex act during the period of time that the Subagreement is in effect, or 3. Use forced labor in the performance of the Subagreement Subrecipient agrees to include the following provision in any subagreement it enters into with a private entity as defined in this section 3.g(2)(c) of the FTA Master Agreement.
~~~~~~~~~~~-Signature
~~~David
J.
Armijo~~~~
~~~General Manager~~~-
of Subrecipient Authorized Official
Name ofSubrecipient Authorized Official
Title of Subrecipient Authorized Official
~~~~~~~~~~~_Date
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(5) Buy America Certification 49 U.S. C. 5323(j) and 49 C.F.R. Part 661
The Contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7, and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, and microcomputer equipment and software. Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j) (2) (C) and 49 C.F.R. 661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic content.
Certificate of Compliance with Buy America Requirements The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 5323(j) (1) and the applicable regulations in 49 C.F.R. Part 661.
_ _ _ _ _ _ _ _ _ _ _ _ Signature ofSubrecipient Authorized Official _ _ _.David J. Armijo _ _ _ _ Name of Subrecipient Authorized Official _ _ _G.eneral Manager_ _ _ _ Title of Subrecipient Authorized Official _ _ _ _ _ _ _ _ _ _ _ _ Date
Certificate of Non-Compliance with Buy America Requirements The Subrecipient hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323{1) and 49 C.F.R. 661, but it may qualify for an exception pursuant to 49 U.S.C. 53230) (2), as amended, and the applicable regulations in 49 C.F.R. 661.7.
_ _ _ _ _ _ _ _ _ _ _ _ Signature of Subrecipient Authorized Official _ _ _ David J. Armijo _ _ _ _ Name of Subrecipient Authorized Official _ _ _General Manager_ _ _ _ Title of Subrecipient Authorized Official _ _ _ _ _ _ _ _ _ _ _ _ Date
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~I
Report No: Meeting Date:
14-055 January 22, 2014
Alameda-Contra Costa Transit District
STAFF REPORT TO:
Finance Committee AC Transit Board of Directors
FROM:
David J. Armijo, General Manager
SUBJECT:
Apply for Metropolitan Transportation Commission Transit Performance Initiative-Incentive Program Funds
ACTION ITEM RECOMMENDED ACTION(S):
Consider Adoption of Resolution No. 14-007 authorizing the General Manager or his designee to file and execute applications to the Metropolitan Transportation Commission (MTC) for MTC's FY2013-14 Transit Performance Initiative- Incentive program. EXECUTIVE SUMMARY:
The District is applying for $2,155,405 million in federal Surface Transportation Program (STP) and/or Congestion Mitigation and Air Quality (CMAQ) funding for the East Bay Bus Rapid Transit (BRT) project. BUDGETARY/FISCAL IMPACT:
Staff anticipates receiving $2,155,405 million in STP/CMAQ federal funding. The local match requirement of 11.47% ($279,256) will be covered by existing grant funds within the BRT project.
BACKGROUND/RATIONALE:
In May 2012, the MTC adopted the Transit Sustainability Project recommendations including the Transit Performance Initiative (TPI), which is composed of two programs: 1} a capital program focused on regional investment in supportive infrastructure to improve performance in major transit corridors; and 2} an incentive program to reward agencies that improve ridership and service productivity (TPI-Incentive). The TPI is a component of the OneBayArea Grant (OBAG) Program, which is a step towards integrating the region's federal transportation program and its land-use and housing policies. OBAG TPI grants are funded from the Federal Highway Administration (FHWA) STP and/or CMAQ programs. The TPI-Incentive program is proposed for FY2012-13 through FY2015-16 at $15 million per year and is to be used for projects focused on increasing ridership and/or productivity. This is the second year of the program, and the funds are being distributed based on the agreed upon formula of 70 percent based on annual ridership, 20 percent based on the annual increase in ridership, and 10 percent based on the increase in passengers per revenue hour (measure of 155
Report No. 13-036 Page 2 of 2 productivity). Future funding years are not linked directly to the performance of funded projects but to agency performance as a whole, with the formulas are based on National Transit Database reporting. The District is applying for the funds for the BRT project. While the project is fully funded, a portion of the funding is in the form of a commitment from the Alameda County Transportation Commission (ACTC) that will not be available until after the construction period. The existing funding plan would finance the advancement of these funds. This grant will alleviate some of the need for financing and therefore reduce the finance charges required. The District is continuing discussions with the MTC and ACTC to further reduce the need for financing to advance project funds. The BRT project is eligible for the funding under the guidelines of the federal STP and CMAQ programs. ADVANTAGES/DISADVANTAGES:
There are no disadvantages to applying for the funds. ALTERNATIVE ACTIONS:
There are no recommended alternative actions at this point. PRIOR RELEVANT BOARD ACTIONS/POLICIES:
Staff Report 13-036- Application for the FY 2012-13 TPI-Incentive Program Grant Staff Report 12-087- Report on the Initial Recommendations of the MTC's Transit Sustainability and Comprehensive Operations Analysis Projects and Their Impact on AC Transit ATTACHMENTS: 1: Resolution 14-007
Department Head Approval:
Tom Prescott, Chief Performance Officer
Reviewed by:
David A. Wolf, General Counsel Lewis G. Clinton, Chief Financial Officer
Prepared by:
Chris Andrichak, Senior Analyst, Capital Planning & Grants
156
SR 14-055 Attachment 1 ALAMEDA-CONTRA COSTA TRANSIT DISTRICT RESOLUTION NO. 14-007 A RESOLUTION AUTHORIZING THE GENERAL MANAGER OR HIS DESIGNEE TO FILE AND EXECUTE APPLICATIONS TO THE METROPOLITAN TRANSPORTATION COMMISSION (MTC} FOR MTC'S FY 2013-14 TRANSIT PERFORMANCE INITIATIVE- INCENTIVE PROGRAM WHEREAS, the Alameda-Contra Costa Transit District (herein referred to as APPLICANT) is submitting an application to the Metropolitan Transportation Commission (MTC} for $2,155,405 in funding assigned MTC for programming discretion, including but not limited to, federal funding administered by the Federal Highway Administration (FHWA) such as Surface Transportation Program (STP) funding, Congestion Mitigation and Air Quality Improvement (CMAQ) funding and/or Transportation Alternatives (TA) funding (herein collectively referred to as REGIONAL DISCRETIONARY FUNDING) for the Spectrum Ridership Growth Project (herein referred to as PROJECT) for the Transit Performance Initiative - Incentive Program (herein referred to as PROGRAM); and WHEREAS, the Moving Ahead for Progress in the 21st Century Act (Public Law 112-141, July 6, 2012} and any extensions or successor legislation for continued funding (collectively, MAP 21} authorize various federal funding programs including, but not limited to, the Surface Transportation Program (STP) (23 U.S.C. § 133}, the Congestion Mitigation and Air Quality Improvement Program (CMAQ) (23 U.S. C. § 149) and the Transportation Alternatives Program (TA) (23 U.S.C. § 213); and WHEREAS, state statutes, including California Streets and Highways Code sections 182.6 and 182.7 provide various funding programs for the programming discretion of the Metropolitan Planning Organization (MPO) and the Regional Transportation Planning Agency (RTPA); and WHEREAS, pursuant to MAP-21, and any regulations promulgated thereunder, eligible project sponsors wishing to receive federal funds for a project shall submit an application first with the appropriate MPO for review and inclusion in the MPO's Transportation Improvement Program (TIP); and WHEREAS, MTC is the MPO and RTPA for the nine counties of the San Francisco Bay region; and WHEREAS, MTC has adopted a Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) that sets out procedures governing the application and use of federal funds; and WHEREAS, APPLICANT is an eligible sponsor for REGIONAL DISCRETIONARY FUNDING; and WHEREAS, as part of the application for REGIONAL DISCRETIONARY FUNDING, MTC requires a resolution adopted by the responsible implementing agency stating the following:
Resolution No. 14-007
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Page 1 o/4
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1. the commitment of any required matching funds of at least 11.47%; and 2. that the sponsor understands that the REGIONAL DISCRETIONARY FUNDING is fixed at the programmed amount, and therefore any cost increase cannot be expected to be funded with additional REGIONAL DISCRETIONARY FUNDING; and 3. the project will comply with the procedures, delivery milestones and funding deadlines specified in the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised); and 4. the assurance of the sponsor to complete the project as described in the application, and if approved, as included in MTC's federal Transportation Improvement Program (TIP); and 5. the project will comply with all project-specific requirements as set forth in the PROGRAM; and 6. the project (transit only) will comply with MTC Resolution No. 3866, revised, which sets forth the requirements of MTC's Transit Coordination Implementation Plan to more efficiently deliver transit projects in the region; and WHEREAS, the APPLICANT is authorized to execute and file an application for funding for the PROJECT for REGIONAL DISCRETIONARY FUNDING under MAP-21 for continued funding; NOW THEREFOR, the Board of Directors of the Alameda-Contra Costa Transit District does resolve as follows:
Section 1.
The APPLICANT by adopting this resolution does hereby affirm and
acknowledge that:
1. APPLICANT will provide $279,256 in matching funds; and 2. APPLICANT understands that the REGIONAL DISCRETIONARY FUNDING for the project is fixed at the MTC approved programmed amount, and that any cost increases must be funded by the APPLICANT from other funds, and that APPLICANT does not expect any cost increases to be funded with additional REGIONAL DISCRETIONARY FUNDING; and 3. APPLICANT understands the funding deadlines associated with these funds and will comply with the provisions and requirements of the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) and APPLICANT has, and will retain the expertise, knowledge and resources necessary to deliver federally-funded transportation projects, and has assigned, and will maintain a single point of contact for all FHWA-funded transportation projects to coordinate within the agency and with the respective Congestion Management Agency (CMA), MTC, Caltrans and FHWA on all communications, inquires or issues that may arise during the federal programming and delivery process for all FHWA-funded transportation projects implemented by APPLICANT; and 4. PROJECT will be implemented as described in the complete application and in this resolution and, if approved, for the amount approved by MTC and programmed in the federal TIP; and 5. APPLICANT and the PROJECT will comply with the requirements as set forth in MTC programming guidelines and project selection procedures for the PROGRAM; and
Resolution No. 14-007
158
Page2 of4
SR 14-055 Attachment 1 6. APPLICANT (for a transit project only) agrees to comply with the requirements of MTC's Transit Coordination Implementation Plan as set forth in MTC Resolution No. 3866, revised.
Section 2. funded projects.
APPLICANT is an eligible sponsor of REGIONAL DISCRETIONARY FUNDING
Section 3. APPLICANT is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the PROJECT. Section 4.
There is no legal impediment to APPLICANT making application for the
funds.
Section 5. There is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT. Section 6. APPLICANT authorizes its General Manager, or designee, to execute and file an application with MTC for REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution and take any further action necessary to carry out this resolution. Section 7. A copy of this resolution will be transmitted to the MTC in conjunction with the filing of the application. Section 8. The MTC is requested to support the application for the PROJECT described in this resolution and to include the PROJECT, if approved, in MTC's federal TIP. Section 9. This resolution shall become effective immediately upon its passage by four affirmative votes of the Board of Directors.
PASSED AND ADOPTED this 22rd day of January 2014
Greg Harper, President Attest:
Linda A. Nemeroff, District Secretary I, Linda A. Nemeroff, District Secretary for the Alameda-Contra Costa Transit District, do hereby certify that the foregoing Resolution was passed and adopted at a regular meeting of the Board of Directors held on the 22rd day of January, 2014 by the following roll call vote:
Resolution No. 14-007
159
Poge3of4
SR 14-0SS Attachment 1
AYES: NOES: ABSENT: ABSTAIN:
Linda A. Nemeroff, District Secretary
Approved as to Content and Form:
David A. Wolf, General Counsel
Resolution No. 14-007
160
Page 4 of4
Report No: Meeting Date:
14-063 January 22, 2014
Alameda-Contra Costa Transit District
STAFF REPORT TO:
Finance and Audit Committee AC Transit Board of Directors
FROM:
David J. Armijo, General Manager
SUBJECT:
Application for Cycle 5 Measure B Special Transportation for Seniors and People with Disabilities Gap Grant Program
ACTION ITEM RECOMMENDED ACTION(S): Consider the adoption of Resolution No. 14-008 authorizing the General Manager, or his designee, to file and execute applications with the Alameda County Transportation Commission (ACTC} for Cycle 5 Measure B Special Transportation for Seniors and People with Disabilities Gap Grant Program. EXECUTIVE SUMMARY: On January 10, the District applied for $240,000 in federal Cycle V Federal Transit Administration (FTA} Section 5317 New Freedom grant funds for the 211 Marketing for Coordinated Paratransit Services project. If the District is successful in securing the New Freedom grant there is a 20% matching requirement. ACTC's Cycle 5 Measure B Special Transportation for Seniors and People with Disabilities Gap Grant Program has $50,000 available to support Measure B pass-through recipients in acquiring non-Alameda CTC grants. BUDGETARY/FISCAL IMPACT: If the District is successful in securing the ACTC grant it will reduce the need to cover the local match for the New Freedom funds from a max of $60,000 to a max of $10,000. District staff will continue to look for other local sources to cover the remainder of the match.
BACKGROUND/RATIONALE: The Alameda County Special Transportation Program for Seniors and People with Disabilities is funded through Measure B, a half-cent transportation sales tax approved by voters in 2000 to finance projects and programs that improve the County's transportation system. The goal of the Alameda County Special Transportation Program for Seniors and People with Disabilities is to ensure that seniors and people with disabilities are able to meet their daily needs and maintain a high quality of life.
161
Report No. 14-063 Page 2 of 2 On February 1, 2013, ACTC issued a call for projects for Cycle 5 of the Measure B Special Transportation for Seniors and People with Disabilities Gap Grant Program. The program includes $50,000 in as-needed grants for matching funds to support Measure B pass-through recipients in acquiring non-Alameda CTC grants. The matching funds are available on a rolling basis. On January 10, the District applied for $240,000 in federal Cycle V FTA Section 5317 New Freedom grant funds for the 211 Marketing for Coordinated Paratransit Services project. The purpose of the project is to market and publicize the Alameda County 211 website and toll free service, which houses the most extensive and detailed database of paratransit information in Alameda County. Coordinated mobility management will be provided by 211 staff, with training provided by District staff and the Center for Independent Living, including detailed and targeted transportation recommendations for seniors and the disabled. If the District is successful in securing the grant there is a 20% matching requirement. The District is working in partnership with ACTC to make sure Cycle 5 Measure B Special Transportation for Seniors and People with Disabilities Gap Grant Program funds are available for use as a match for this project. The District anticipates hearing the results of the New ACTC would like to move the Freedom grant selection process in February 2014. recommendation for match funding through its February 2014 Commission cycle, which will secure the entire $50,000 for use on this project. ADVANTAGES/DISADVANTAGES:
Staff cannot identify any disadvantages to approving this staff report and resolution. ALTERNATIVES ANALYSIS:
There are no recommended alternative actions at this point. PRIOR RELEVANT BOARD ACTIONS/POLICIES:
Staff Report 13-303- Application for Cycle V New Freedom Grant Funds ATTACHMENTS: 1: Resolution 14-008
Department Head Approval:
Tom Prescott, Chief Performance Officer
Reviewed by:
David A. Wolf, General Counsel Lewis G. Clinton, Chief Financial Officer
Prepared by:
Ben Stupka, Senior Capital Planning Specialist
162
SR 14-063 Attachment 1 ALAMEDA-CONTRA COSTA TRANSIT DISTRICT RESOLUTION NO. 14-008 A RESOLUTION AUTHORIZING THE GENERAL MANAGER OR HIS DESIGNEE TO FILE AND EXECUTE APPLICATIONS TO THE ALAMEDA COUNTY TRANSPORTATION COMMISSION FOR THE CYCLES MEASURE B SPECIAL TRANSPORTATION FOR SENIORS AND PEOPLE WITH DISABILITIES GAP GRANT PROGRAM FUNDS FOR NEW FREEDOM GRANT FUNDS MATCH WHEREAS, the Alameda County Transportation Commission (ACTC) is responsible for funding projects eligible for Measure B Special Transportation for Seniors and People with Disabilities Gap Grant Program funds; and WHEREAS, ACTC has established a process whereby eligible transportation project sponsors may submit allocation requests for Measure B Special Transportation for Seniors and People with Disabilities Gap Grant Program funding; and WHEREAS, Alameda-Contra Costa Transit District (District) is an eligible sponsor of transportation project(s) funded through Measure B funds as a public transit operator in Alameda County; and WHEREAS, New Freedom Grant Funds Match is eligible for consideration for the Cycle 5 Measure B Transportation for Seniors and People with Disabilities Gap Grant Program Funds. NOW THEREFORE, the Board of Directors of the Alameda-Contra Costa Transit District does resolve as follows:
Section 1.
The District and its agents support the New Freedom Grant Funds Match.
Section 2. The District is an eligible sponsor of projects in Alameda County as a public transit operator. Section 3. The District is authorized to submit an application for Cycle 5 Neasure B Transportation for Seniors and People with Disabilities Gap Grant Program Funds. Section 4. There is no legal impediment to the District making allocation requests for Measure B funds. Section S. There is no pending or threatened litigation that might in any way adversely affect the proposed project, or the ability of the District to deliver such project. Section 6. The District indemnifies and holds harmless ACTC, its Commissioners, representatives, agents, and employees from and against all claims, injury, suits, demands, liability, losses, damages, and expenses, whether direct or indirect (including any and all costs and expenses in connection therewith), incurred by reason of any act or failure to act of the District, its officers, employees or agents, or subcontractors or any of them in connection with
Resolution No. 14-008
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SR 14-063 Attachment 1 its performance of services should this request of Measure B funds be granted.
Section 7. The District authorizes its General Manager, or his designee, to execute and submit an allocation request for a New Freedom Grant Funds Match and take other steps necessary to secure the funding. Section 8. The General Manager, or his designee, is hereby delegated the authority to submit the applications and make non-substantive changes or minor amendments to any allocation documents as he deems appropriate, should the project be funded. Section 9. A copy of this resolution shall be transmitted to ACTC in conjunction with the filing of the AC Transit application referenced herein. Section 10. This resolution shall become effective immediately upon its passage by four affirmative votes of the Board of Directors.
PASSED AND ADOPTED this 22nd day of January 2014
Greg Harper, President Attest:
Linda A. Nemeroff, District Secretary I, Linda A. Nemeroff, District Secretary for the Alameda-Contra Costa Transit District, do hereby certify that the foregoing Resolution was passed and adopted at a regular meeting of the Board of Directors held on the 22nd day of January, 2014 by the following roll call vote:
AYES: NOES: ABSENT: ABSTAIN:
Linda A. Nemeroff, District Secretary
Resolution No. 14-008
Page2of3 164
SR 14-063 Attachment 1
Approved as to Content and Form:
David A. Wolf, General Counsel
Resolution No. 14-008
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166
Report No: Meeting Date:
14-020 January 22, 2013
Alameda-Contra Costa Transit District
STAFF REPORT TO:
Finance and Audit Committee AC Transit Board of Directors
FROM:
David J. Armijo, General Manager
SUBJECT:
Board Policy 308- Accounting Policy
ACTION ITEM RECOMMENDED ACTION(S): Consider Approving Recommended Amendments to Board Policy 308-Accounting Policy.
EXECUTIVE SUMMARY: Board Policy 302 -Introduction to Fiscal Policies requires that this policy be reviewed every two years. Board Policy 308 was last reviewed in January 2012. The recommended amendment to Board Policy 308 includes two changes: 1. The striking of the reference to the Management Review and Analysis, as technically this is not audited.
2.
The addition of the "Management Letter" (also referred to the Memorandum on Internal Controls) to the auditor's scope of work, as this is now required.
BUDGETARY/FISCAL IMPACT: There are no budgetary or fiscal impacts associated with this report.
BACKGROUND/RATIONALE: The review and updating of this policy keeps us in conformance with Board Policy 302, which requires a review of fiscal policies every two years.
ADVANTAGES/DISADVANTAGES: The advantage to adopting this recommendation is that it brings Board Policy 308 more current. There are no identifiable disadvantages to updating this Board Policy.
ALTERNATIVES ANALYSIS: Staff found no practical alternatives to the course of action recommended in this report.
167
Report No. 14-020 Page 2 of2
PRIOR RELEVANT BOARD ACTIONS/POLICIES: GM Memo 12-025 dated January 25, 2012
ATTACHMENTS: 1:
Board Policy No. 308- Accounting Policy
Department Head Approval: Reviewed by: Prepared by:
lewis G. Clinton, Jr., Chief Financial Officer David A. Wolf, General Counsel Ralph Martini, Controller
168
SR 14-020 Att.l
AC Transit
Policy No. 308
BOARD POLICY Category: FINANCIAL MATTERS ACCOUNTING POLICY Purpose: The purpose of this policy is to document the District's method of accounting, audit schedule, standards of internal controls and audit committee designation. 1. The accounting system of the District and the AC Transit Financing Corporation shall be maintained on an annual basis consistent with Generally Accepted Accounting Principles for governmental entities (GAAP). 2. An independent firm of Certified Public Accountants (CPAs) shall perform an annual financial audit including Management's Discussion and 1\nalysis, Schedule of Funding Progress, Schedule of expenditures of federal awards and Comparative statements and schedules, appropriate local tax measure compliance reports, the Measure W Report, the Measure B and J Reports, compliance with the appropriations limit requirements of Section 1.5 of Article XIIIB of the California Constitution, Transportation Development Act (TDA) Compliance Report, Prop 1B, a PTMISEA (Public Transportation Modernization, Improvement, and Service Enhancement Account) Compliance Report, agreed upon procedures review of AC Transit Special Transit Service Districts 1 and 2, the National Transit Database (NTD) Report, report to the State Controller, report of Board and Executive Staff expenditures, and the AC Transit Financing Corporation .. and a "Management Letter" regarding matters of internal control. The independent firm of CPAs will issue an opinion, which will be incorporated into the Comprehensive Annual Financial Report of the District. The audit of the financial statements will be conducted in accordance with auditing standards generally accepted in the United States of America; the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; the Single Audit Act Amendments of 1996; and the provisions of OMB Circular A-133. 3. Audit contracts shall be competitively bid at least every five years, or sooner as desired by the Board. Staff will present the process and the results of its screening and selection process of the external auditor to the Board Finance Adopted: Amended:
Page 1 of 2
169
4/92 10/99; 10/01; 12/01; 08/04; 06/05; 06/06, 07/08; 01/12
4. District Accounting Statements including a Balance Sheet, a Profit and Loss Statement and a Supplementary Schedule of District-funded Capital projects shall be produced and reviewed monthly by the General Manager, the General Counsel and the Chief Financial Officer and shall be submitted to the Board of Directors at least quarterly. 5.
Internal control procedures consistent with Section 404 of Sarbanes Oxley Act, continuously developed and maintained to ensure accurate financial reporting and an effective internal control structure over the assets of the District internal controls will take into consideration compliance with applicable laws, regulations and the provisions of contracts or grant agreements.
6.
The Board of Directors Finance and Audit Committee shall serve as the audit committee. The committee engaged primarily in an oversight function and ultimately responsible for the District's financial reporting processes and the effectiveness over internal controls. The audit committee, consistent with the Sarbanes Oxley Act, shall have Board member representation only. The external auditor shall report results directly to the Audit committee.
7.
The Finance and Audit Committee shall be responsible for ensuring that the District complies with all District debt policies, including that the District shall not borrow funds that would adversely impact the financial condition of the District.
Adopted: Amended:
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Report No: Meeting Date:
14-056 January 22, 2014
Alameda-Contra Costa Transit District
STAFF REPORT TO:
Finance and Audit Committee AC Transit Board of Directors
FROM:
David J. Armijo, General Manager
SUBJECT:
TFCA Grant Agreement with ACTC
ACTION ITEM RECOMMENDED ACTION IS): Authorize the General Manager to execute a funding agreement with the Alameda County Transportation Commission (ACTC) for Transportation for Clean Air (TFCA) grant funding for the Line 51 Corridor project in substantially identical form as the attached. EXECUTIVE SUMMARY: The District was awarded a $123,821 grant by ACTC from the TFCA program of the Bay Area Air Quality Management District (BAAQMD). ACTC programs the awards as the TFCA Program Manager for Alameda County. The $123,821 will augment the construction of the Line 51 Corridor Project by providing additional funding for Transit Signal Priority (TSP) improvements. The attached funding agreement is between AC Transit and ACTC. BUDGETARY/FISCAL IMPACT: The grant has no matching funds requirement.
BACKGROUND/RATIONALE: The BAAQMD's TFCA grant program is for projects that result in the reduction of motor vehicle emissions. Eligible projects are to achieve surplus emission reductions beyond what is currently required through regulations, ordinances, contracts, or other legally binding obligations. Projects typically funded with TFCA include shuttles, bicycle lanes and lockers, signal timing and trip reduction programs. As the TFCA Program Manager for Alameda County, the Alameda CTC is responsible for programming 40 percent of the four dollar vehicle registration fee collected in Alameda County for this program. The original Line 51 Proposal estimated $17.6 million in improvements along the route, of which $10.5 million were funded by the Metropolitan Transportation Commission. In addition, the Cities of Alameda and Oakland are performing an additional $2.8 million in complimentary work on signal and communication infrastructure along parts of the route. Staff has worked to prioritize improvements possible along the route to gain the most advantages given the existing funding, but felt that additional funds could easily benefit the project by increasing the amount of TSP installations possible. Staff originally applied for OneBayArea Grant funding for the 171
Report No. 14-056 Page 2 of 2 additional TSP installations, but when it did not win any funding through that program, ACTC staff suggested that the project would be eligible for TFCA funds and assisted the District in transferring its application to this funding source.
ADVANTAGES/DISADVANTAGES: There are no disadvantages that staff can identify.
ALTERNATIVES ANALYSIS: If AC Transit did not sign the agreement it would forfeit the funding and have to reduce the scope of TSP improvements planned for the Line 51 corridor.
PRIOR RELEVANT BOARD ACTIONS/POLICIES: None
ATTACHMENTS: Att 1: Fund Transfer Agreement Att 2: ACTC TFCA Program Approval Item, July 2, 2013
Department Head Approval:
Tom Prescott, Chief Performance Officer
Reviewed by:
Lewis G. Clinton, Chief Financial Officer David A. Wolf, General Counsel
Prepared by:
Chris Andrichak, Senior Analyst, Capital Planning and Grants
172
Alameda CTC Agreement No. Al3-0081, APN 013.0
SR 14-056 Attachment 1 ALAMEDA COUNTY TRANSPORTATION COMMISSION TRANSPORTATION FUND FOR CLEAN AIR (TFCA) FUND TRANSFER AGREEMENT FY 2013/2014 (Lit]e 51 Corridor Transit Signal Priority Improvements, TFCA Project Number 14ALA11)
This AGREEMENT is entered into as of the latest date appearing on the signature page below, between the ALAMEDA COUNTY TRANSPORTATION COMMISSION ("ALAMEDA CTC"), and the ALAMEDA-CONTRA COSTA TRANSIT DISTRICT ("SPONSOR"). Section 1. PURPOSE OF AGREEMENT The purpose of this AGREEMENT and similar agreements with other project sponsors is to specify the terms and conditions for the advancement of funds made available from the Transportation Fund for Clean Air ("TFCA") Program for fiscal year (FY) 2013/2014. As TFCA Program Manager in Alameda County, the ALAMEDA CTC annually programs 40 percent of the TFCA funds collected in Alameda County. The ALAMEDA CTC will receive these funds from the Bay Area Air Quality Management District ("BAAQMD"), and will then reimburse these funds to project sponsors pursuant to this AGREEMENT and similar agreements with other project sponsors. Section 2. DESCRIPTION OF PROJECT The ALAMEDA CTC has programmed $123,821 of the funds available in the FY 2013/2014 Alameda County allocation ofTFCA funds to the SPONSOR to be used for the Line 51 Corridor Transit Signal Priority Improvements ("PROJECT"). The PROJECT, along with SPONSOR'S proposed expenditure plan for the PROJECT'S implementation, is described in more detail in APPENDIX A attached hereto and incorporated herein by this reference. Section 3. REIMBURSEMENT OF FUNDS SPONSOR acknowledges that ALAMEDA CTC will only distribute TFCA funds under this AGREEMENT to the extent constituting reimbursement for documented project costs that are eligible under the applicable BAAQMD TFCA Policies and Guidance and ALAMEDA CTC TFCA Guidelines which shall be attached hereto as Appendix F. The SPONSOR must submit to ALAMEDA CTC at least one request for reimbursement under this AGREEMENT each fiscal year until reimbursement is complete, and may submit multiple such requests no more frequently than once a month. Costs eligible for reimbursement must be consistent with the project description and expenditure plan as detailed in APPENDIX A. The SPONSOR must complete a "Request for Reimbursement of Funds" in the form attached hereto as APPENDIX B, and provide documentation of funds spent for each request. In the event reimbursement requests are greater than available funds due to delays by BAAQMD, available funds will be reimbursed to project sponsors based on the percentage each sponsor's project bears to ALAMEDA CTC's overall TFCA program total until such time full funding is available. The Timely Use of Funds Policy, approved in its current version by the ALAMEDA CTC Commission at its February 2013 meeting, is included as APPENDIX C attached hereto and incorporated herein by this reference. SPONSOR must expend all TFCA funds programmed to the PROJECT within two (2) years from the date of the first receipt of funds by the ALAMEDA CTC from BAAQMD, unless an extended deadline is approved at the time of programming or an extension has been approved by the ALAMEDA CTC. Extended deadlines approved at the time of programming will be specified in APPENDIX A. Any funds spent on the PROJECT by SPONSOR after this date will not be eligible for reimbursement under this AGREEMENT.
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Alameda CTC Agreement No. Al3-008l Page 2 FY 2013/2014 TFCA Agreement
Section 4. DOCUMENTATION OF EXPENDITURES As required by BAAQMD, SPONSOR hereby agrees that it shall expend all funds received under this AGREEMENT in accordance with all applicable provisions of law and shall return to the ALAMEDA CTC all funds that are not expended in accordance with all applicable provisions of law. SPONSOR shall submit TFCA reimbursement requests with complete supporting documentation for all items. Reimbursements will be limited to TFCA eligible costs that are consistent with the project description and expenditure plan in APPENDIX A. SPONSOR shall maintain employee time sheets documenting hourly labor costs incurred in the implementation of the PROJECT or request approval of an alternative method to document staff costs charged to the PROJECT. Each progress report submitted to the ALAMEDA CTC shall document the expenditure of funds on the PROJECT during the time period covered by the report. SPONSOR shall submit the final request for reimbursement within three (3) months of PROJECT completion, but no later than at the time of the Final Report, as specified in Section 5. SPONSOR shall, during the term of this Agreement and for five (5) years following completion of the PROJECT, keep all financial and project implementation records necessary to demonstrate compliance with this AGREEMENT. Such records shall be kept in a central location and include documentation that demonstrates significant progress has been made for projects for which extensions to the completion date are requested.
SPONSOR shall, during the term of this AGREEMENT and for three (3) years following completion of the PROJECT, allow BAAQMD staff, its authorized representatives, and its independent auditors to conduct performance· and financial audits of the PROJECT. During audits, the SPONSOR will make available to BAAQMD in a timely manner all records relating to the SPONSOR'S expenses and performance of the PROJECT. During inspections, the SPONSOR will provide, at the request ofBAAQMD, access to inspect the PROJECT and related records. A SPONSOR who has failed a BAAQMD ftnancial or performance audit for the PROJECT will be excluded from receiving an award of any TFCA funds for five (5) years from the date ofBAAQMD's ftnal audit determination. Existing TFCA funds already awarded to the SPONSOR will not be released until all audit recommendations and remedies have been satisfactorily implemented. A failed BAAQMD financial audit means a final audit report that includes an uncorrected audit finding that confirms an ineligible expenditure ofTFCA funds. A failed BAAQMD performance audit means that the PROJECT was not implemented in accordance with the AGREEMENT. SPONSOR shall be afforded a reasonable amount of time to address/ cure adverse audit ftndings. SPONSOR shall return to the ALAMEDA CTC, on a pro-rated basis, funds received under this AGREEMENT if a project is not maintained and/ or operated throughout and at least until the conclusion of the PROJECT'S "Years of Effectiveness" as shown in APPENDIX A. SPONSOR shall return to the ALAMEDA CTC, on a pro-rated basis, funds realized from the sale of any vehicle(s) purchased with TFCA funds, if the sale of the vehicle(s) is completed prior to the last day of the last year listed as the PROJECT'S "Years of Effectiveness" in APPENDIX A. The amount of funds returned to the ALAMEDA CTC shall be proportional to the percentage of the TFCA funds originally used to purchase the vehicle(s).
174
Alameda CTC Agreement No. Al3-0081 Page 3 FY 2013/2014 TFCA Agreement Section 5. MONITORING REQUIREMENTS SPONSOR shall submit semi-annual progress reports to the ALAMEDA CTC, within the period specified by the BAAQMD, which itemize (1) the expenditure of funds on the PROJECT and (2) progress to date in the implementation of the PROJECT. SPONSOR shall submit a TFCA Final Report ("Final Report'') to the ALAMEDA CTC as required and within the time period specified in APPENDIX A. The required content for the Final Report is identified in the Final Report Form 4, for Arterial Management and TSP Projects, attached hereto as Appendix E. The required Final Report content will be documented on or attached to the Final Report Form. Section 6. OTHER REQUIREMENTS SPONSOR shall use both the ALAMEDA CTC's logo and BAAQMD's approved TFCA logo as follows: (1) on signs posted at the site of any construction associated with the PROJECT, (2) on any vehicles or equipment operated or obtained as part of the PROJECT, and (3) on public information created for or related to the PROJECT, such as transit schedules, brochures, handbooks, maps, websites and other print and electronic
material. Additionally, SPONSOR shall credit the ALAMEDA CTC and BAAQMD as a funding source for the PROJECT in any related news articles, press releases or other publicity materials. As detailed in APPENDIX A, upon request, SPONSOR shall provide documentation that the ALAMEDA CTC and BAAQMD are credited as a funding source as required and the ALAMEDA CTC's logo and BAAQMD's TFCA logo are used and displayed as required. Documentation is to be provided through evidence such as photographs of posted construction signage and vehicle signage, and copies of print and electronic media.
SPONSOR shall, to the extent not otherwise prohibited by law, and to the extent required by the California Public Records Act (California Government Code section 6250 et seq.), place in the public domain any software, written document, or other product developed with funds received through this AGREEMENT. Section 7. INDEMNIFICATION SPONSOR shall indemnify, protect, defend and hold harmless BAAQMD and ALAMEDA CTC, and their respective officers, employees, agents, representatives, and successors-in-interest, against any and all liability, loss, expense, including reasonable attorneys' fees, or claims for injury or damages arising out of SPONSOR'S
performance of the PROJECT or operation or use of the equipment that is subject to this AGREEMENT. ALAMEDA CTC shall indemuify, protect, defend and hold harmless SPONSOR, its officers, directors, employees, agents, representatives, and successors-in-interest, against any and all liability, loss, expense, including reasonable attorneys' fees, or claims for injury or damages arising out of the negligent or reckless
performance by ALAMEDA CTC of its duties under this AGREEMENT. Section 8. NONDISCRIMINATION During the performance of services under this AGREEMENT, SPONSOR and its consultants shall not discriminate against any persons or group of persons on the grounds of race, religious creed, color, national origin, age, ancestry, physical disability, medical condition, marital status, sex, sexual orientation, Vietnam Era
Veteran's status, political affiliation or any other non-merit factor prohibited by law. Sponsor will comply with all applicable provisions of Executive Order 11246 as amended by Executive Order 11375 and as supplemented by Department of Labor regulations. SPONSOR shall take affirmative actions to ensure that applicants are employed, and that employees are treated during their employment without regard to their race, religion, sex, color or national origin.
It is the policy of ALAMEDA CTC to ensure nondiscrimination in the award and admiuistration of federal and state-assisted contracts and to create a level playing field on which disadvantaged business enterprises, as
defmed in 49 C.F.R. Part 26, can compete fairly for contracts and subcontracts relating to ALAMEDA CTC's procurement and professional services activities. In connection with the performance of this AGREEMENT,
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Alameda CTC Agreement No. Al3-0081 Page4 FY 2013/2014 TFCA Agreement
SPONSOR and ALAMEDA CTC will cooperate with one another in meeting these commitments and objectives. SPONSOR agrees to comply with applicable requirements imposed by Tide VI of the Civil Rights Act of 1964 (42 U.S.C.§ 2000 (d)) and the regulations of the Department of Transportation issued thereunder (49 C.F.R. Part 21).
Section 9. INSURANCE SPONSOR shall obtain and maintain throughout the term of this AGREEMENT the insurance coverage specified by BAAQMD for each "Project Sponsor" in APPENDIX D ("Insurance Guidelines") attached hereto and by this reference incorporated herein. Further, SPONSOR shall comply with all insurance requirements set forth in APPENDIX D, including the provision of adequate documentation of said insurance coverage to ALAMEDA CTC prior to or concurrent with delivery of the fully-executed AGREEMENT to ALAMEDA CTC. Failure to obtain and maintain the insurance coverage and to comply with all insurance requirements shall be deemed a breach of this AGREEMENT. Notwithstanding the foregoing, with the prior written approval of the BAAQMD, SPONSOR may obtain a waiver or modification of these insurance requirements.
Section 10. AMENDMENTS This AGREEMENT may not be modified except in writing signed by both parties hereto, and any attempt at oral modification of this AGREEMENT shall be void and of no effect. Any change in project scope shall constitute an amendment under this AGREEMENT. This AGREEMENT is subject to any new requirements imposed by the BAAQMD upon the ALAMEDA CTC with respect to the TFCA funds distributed hereunder.
Section 11. WAIVER No waiver of a breach, of failure of any condition, or of any right or remedy contained in or granted by the provisions of this AGREEMENT shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure, right, or remedy shall be deemed a waiver of any other breach, whether or not similar, nor shall any waiver constitute a continuing waiver unless the
writing so specifies. Further, the failure of a party to enforce performance by the other party of any term, covenant, or condition of this AGREEMENT, and the failure of a party to exercise any rights or remedies hereunder, shall be deemed a waiver or relinquishment by that party to enforce future performance of any such terms, covenants, or conditions, or to exercise any future rights or remedies. Each party shall be afforded a reasonable time to cure an alleged breach of material term of this AGREEMENT or satisfy any condition of this AGREEMENT with the understanding that faithful and complete performance under this AGREEMENT is in the mutual interest of the parties.
Section 12. TERM The term of this AGREEMENT shall be from the date of this AGREEMENT until the later of (i) SPONSOR'S receipt of full reimbursement for all eligible expenditures, subject to Section 3 above, and (ii) SPONSOR'S submittal of all required post-project monitoring reports in the form required hereunder. This AGREEMENT shall also terminate at the end of any fiscal year during which ALAMEDA CTC loses its designation as Program Manager for Alameda County, except as provided in Section 13. Notwithstanding the foregoing, SPONSOR'S obligations under Section 4 and Section 7 shall survive any termination of this AGREEMENT.
Section 13. ASSIGNMENT OR TRANSFER
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Alameda CTC Agreement No. Al3-0081 Page 5 FY 2013/2014 TFCA Agreement
This AGREEMENT may not be assigned, transferred, hypothecated or pledged by any party without the express written consent of the other party, except as set forth in this AGREEMENT. This AGREEMENT shall be binding upon any successors or assigns of the parties hereto. SPONSOR:
ALAMEDA CTC:
ALAMEDA-CONTRA COSTA TRANSIT DISTRICT
ALAMEDA COUNTY TRANSPORTATION COMMISSION
By: _ _ _ _ _ _ _ _ _ _ _ _ __
By:
David]. Armijo General Manager
Arthur L. Dao Executive Director
Date
Date
Recommended for Approval:
By: Stewart D. Ng Date Deputy Director of Projects and Programming
Approved as to Legal Form:
Reviewed as to Budget/Financial Controls:
By: _ _ _ _ _ _ _ _ _ _ _ _ __ David A. Wolf General Counsel
By:
Date
Patricia Reavey Director of Finance
Date
Approved as to Legal Form:
By: _ _ _ _ _ _ _ _ _ _ _ _ _ __ Wendel, Rosen, Black & Dean LLP ALAMEDA CTC Counsel
177
Date
Alameda CTC Agreement No. A\3-0081 ALAMEDA COUNTY TRANSPORTATION COMMISSION TRANSPORTATION FUND FOR CLEAN AIR (TFCA) PROGRAM APPENDIX A: PROJECT DESCRIPTION AND PROPOSED EXPENDITURE PLAN Project Number: 14ALA11 Project Sponsor: Alameda-Contra Costa Transit District (AC Transit) Project Title: Line 51 Transit Signal Priority Improvements TFCA Funds Allocated: $123,821 Total Project Cost: $11,515,000 Project Description: The PROJECT will implement GPS-based, conditional Transit Signal Priority (TSP) improvements to the AC Transit Line 51 corridor to improve speed and reliability of service. The Line 51 Corridor is served by the SlA and SIB routes which operate along University- Bancroft and Durant- College Avenues in Berkeley, College Avenue- Broadway in Oakland, and Webster Street- Santa Clara Avenue in Alameda. AC Transit will partner with the cities of Alameda, Oakland, and Berkeley to make improvements along the Line 51 route including: installation of conduit and hardware for signal interconnectivity; signal retiming; signal cabinet upgrades to facilitate modernization; signal modifications; queue jump lanes; bus bulbs; and bus stop optimization including relocations and removal. AC Transit's scope of services will include: project administration/project controls (which includes preliminary engineering); engineering and design. Construction will be implemented through the partner cities. Staff costs eligible for reimbursement by TFCA are limited to hourly labor charges (salaries, wages and fringe benefits) directly and solely related to implementation of the PROJECT. Project Schedule: Eligible Start Date: PROJECT costs incurred prior to July 1, 2013 are not eligible for reimbursement. Estimated Start Date: 2/28/2014 Project Monitoring Requirements: Final Report Due Date: Within 3 months of completion of the PROJECT, but no later than 3 months following the termination of the AGREEMENT except as otherwise agreed within. Final Report Format and Content: Final Report Form 4, Arterial Management Projects, included as APPENDIX E. Fund Source Credit Requirements: As evidence of compliance with Section 6 of the AGREEMENT, SPONSOR shall provide the following documentation along with the Final Report as evidence that ALAMEDA CTC and BAAQMD were properly credited as a funding source: Print media: Copies of material created for or related to the PROJECT and distributed for public consumption including public information, news articles and press releases. Electronic media: Copies of material created for or related to the PROJECT and distributed for public consumption through websites and email. Project signage: Photographs of signs on vehicles or equipment operated or obtained as part of the PROJECT or posted at the site of any construction associated with the PROJECT. A-1 178
Alameda CTC Agreement No. Al3-008l Other: Copies of any other material created for or related to the PROJECT and distributed for public consumption.
A-2 179
Alameda CTC Agreement No. Al3-0081
ALAMEDA COUNTY TRANSPORTATION COMMISSION TRANSPORTATION FUND FOR CLEAN AIR (TFCA) PROGRAM Project Life: PROJECT is to be maintained and/ or operated throughout and at least until the conclusion of the PROJECT'S
"Years of Effectiveness" as set forth below. Pursuant to BAAQ~'s guidelines, the maximum Years of Effectiveness for transit signal priority projects is 2, regardless of the PROJECT'S expected years of service. PROJECT'S Years of Effectiveness: 2 years.
A-3 180
Alameda CTC Agreement No. A 13-0081
ALAMEDA COUNTY TRANSPORTATION COMMISSION TRANSPORTATION FUND FOR CLEAN AIR (TFCA) PROGRAM APPENDIXB: REQUEST FOR REIMBURSEMENT OF FUNDS [See Attached]
B-1 181
Alameda CTC Agreement No. Al3-0081 ALAMEDA COUNTY TRANSPORTATION COMMISSION TRANSPORTATION FUND FOR CLEAN AIR (TFCA) PROGRAM REQUEST FOR REIMBURSEMENT OF FUNDS FY 2013/2014 Projects Project Sponsor:
TFCA Project No.:
Project Title:
Total TFCA funds programmed to project:
$
Amount of funds requested for reimbursement:
$
Total of previous reimbursements:
$
Remaining balance after this reimbursement:
$
To the best of my knowledge, the above information is true and correct and I am authorized to request this reimbursement of funds. Name and Title: Signature:
Date: _ _ _ _ _ __
IMPORTANT! Please attach supporting dommentation for all items for whirh you are seeking reimbursement. All reimbursements will be limited to TFCA eligible tvsts that are tvnsistent with the projed deStription and expenditure plan in Appendix A of the TFCA Fund Transfir Agreement. Reimbursement requests without mmplete supporting documentation for all items, such as mpies of invoices, mpies of checks as proof ofpqyment, or detailed timesheets as proof of incurredprojert labor msts, will be returned to the sponsor.
This section is reserved for Alameda CTC use:
Alameda CTC approval:
Alameda CTC accounting: APN: _ _ _ _ _ __
TFCA Project No.: Fund type (G/D):
Amount Paid: _ _ _ _ _ _ __
Amount:
Check Number: _ _ _ _ _ _ __ Date Paid: _ _ _ _ _ _ __
Approvals: Reviewer:
Initials: _ _ _ _ _ _ __
Responsible Program Manager:
Notes: _ _ _ _ _ _ __
Deputy Director: Director of Finance:
B-2 182
Alameda ere Agreement No. Al3-0081
ALAMEDA COUNTY TRANSPORTATION COMMISSION TRANSPORTATION FUND FOR CLEAN AIR (TFCA) PROGRAM APPENDIXC: TIMELY USE OF FUNDS POLICY The enabling legislation requires project sponsors to encumber and expend funds within two years, unless a time extension has been granted. To ensure the timely implementation of projects and use of funds, the following timelines will be imposed for each program year: 1.
Within two months of receipt of funds from BAAQMD, the Alameda CTC will send out fund transfer agreements to each project sponsor.
2.
Project sponsors must execute a fund transfer agreement with the Alameda CTC within three months of receipt of an agreement from the Alameda CTC to ensure that the agreement is executed within six months from the execution of the funding agreement between BAAQMD and the Alameda CTC. The executed fund transfer agreement must contain an expenditure plan for implementation of the project. After the deadline has passed, any funding associated with an unexecuted funding agreement may be considered unallocated and may be reprogrammed by BAAQMD.
3.
Project sponsors must initiate implementation of a project within three months of the date of receipt of the executed fund transfer agreement from the Alameda CTC, unless an extended schedule has been approved in advance by the Alameda CTC.
4.
Funds must be expended within two years from the date of the flrst receipt of funds by the Alameda CTC from BAAQMD. Alameda CTC may, if Alameda CTC staff flnds that significant progress has been made on a project, approve no more than two one-year schedule extensions for a project. Additional schedule extension requests can only be granted with approval from the Alameda CTC Commission and BAAQMD).
5.
Sponsors must submit requests for reimbursement at least once per fiscal year. ReqUests must be submitted within six (6) months after the end of the flscal year, defmed as the period from July 1 to June 30. All flnal requests for reimbursement must be submitted no later than the date the Final Project Report is submitted.
6.
Sponsors must submit semi-annual progress reports within the period established by BAAQMD.
7.
Sponsors must submit required Final Project Reports (project monitoring reports) within three months of project completion or within three months after the post-project evaluation period as established in the funding agreement.
8.
An at risk report will be presented to Alameda CTC Committees throughout the year to advise sponsors of upcotiling critical dates and deadlines.
Any sponsor that does not comply with any of the above requirements within the established time frames will be given written notice from the Alameda CTC that they have 60 days in which to comply. Failure to comply within 60 days will result in the reprogramming of the funds allocated to that project, and the project sponsor will not be permitted to apply for new projects until the sponsor has demonstrated to the Alameda CTC that steps have been taken to avoid future violations of this policy.
C-1 183
Alameda CTC Agreement No. A 13-0081
ALAMEDA COUNTY TRANSPORTATION COMMISSION TRANSPORTATION FUND FOR CLEAN AIR (TFCA) PROGRAM APPENDIXD:
INSURANCE GUIDELINES [See Attached] Note: The following APPENDIX Dis a copy of Appendix F: Insurance Guidelines from BAAQMD's TFCA County Program Manager Fund Expenditure Plan Guidance, Fiscal Year Ending 2014. As incorporated into this AGREEMENT, (i) the term "Air District" in the attached shall be deemed to mean and refer to BAAQMD, (ii) "Program Manager" shall be deemed to mean and refer to ALAMEDA CTC, and (iii) "Project Sponsor" shall be deemed to mean and refer to SPONSOR.
D-1 184
Alameda CTC Agreement No. Al3-0081
Appendix F: Insurance Guidelines This appendix provides guidance on the iosunru:e coveroge and documeo!ation ljpically required for TFCA County Program Mllllllger Fund projects. Note that the Air District reserves the right to specifY different types or le\oels of insuranc:e in the Funding Agreoment The typical Funding Agreemeot requires that each Gnmtee provide documeDiation showing that they meet the following requirements for each of their projects. The County Progwn Manager it not required to meet these requiremeols itself, unless it it acting as a Gnmtee.
I. Liability Insur~: Comorations and Public Entities- a limit of not less than $1,000,000 per occurrence. Such insurance shall be of the type usual and customary to the business ofthe
2. Property Insurance: New Equipment Purchases- an amount of not less than the inswable \'alue of
Construction projects- including bot not limited to bike/pedestrian paths, bike lanes, smart growth and vehicle infrastruc1ure, as required by Califomia law and emplo}..rs insorance with a limit not less than $1 million.
4. Acceptability Of Insurers: Insurance is to be placed withinsorers with a current A.M. Best's ralillgofno less thanA: VII. The Air District may, at its sole di.tcretion, wai'"' or alter !hit requirement or accept self-insurance in lieu ofany required policy of insurance. The following table lists the type of insurance co\...rage generally required for each project type. The requirements may differ in specific cases. County Program Mllllllgers shoold conlact the Air District liaison with questions, especially about unusual projects.
BMQMD Transportation Fund for Clean Air
Page23
D-2 185
Alameda CTC Agreement No. Al3-008l
.n:~"
Project' Vehicle PurclJase and l.eose
•T
Engine Retrofi1s Operation of shuttle ftom transit hubs
Commercial Gt!nerall.iability, Automobile Liability and Anlomobile Ph~ Damage
Transit pass subsidy or commute incentiv.s
None
Transit Marketing Program
Commercial Gt!nerall.iability
Guaranteed Ride Home Program
None
Bicycle lockers and mcks
Commercial Gt!nerall.iability
Conslructing or smart
path or overpass, bike lane, Commercial Gt!nerall.iability, Automobile Liability and Wwkers Compensation or vehicle infras1ructure
Arterial Management/Signal timing
Commercial Gt!nerall.iability
BAAQMD Transportation Fund for aean Air
Page24
D-3 186
Alameda CTC Agreement No. Al3-0081
ALAMEDA COUNTY TRANSPORTATION COMMISSION TRANSPORTATION FUND FOR CLEAN AIR (TFCA) PROGRAM APPENDIXE: FINAL REPORT FORM [See Attached}
E-1 187
Alameda CTC Agreement No. Al3-008l
Date: FINAL REPORT FORM 4 (Formerly titled "Project Monitoring Form 4 -Arterial Management Projects")
For Arterial Management Projects
TFCA Project
No.~
Initial TFCA $Awarded: $ Total TFCA $Awarded: $
Total TFCA County Program Manager Funds Expended: $ Total Project Cost: $ Project Sponsor: Project Title: Contact: Phone:
E-mail:
Initial Project Start Date:
Project Completion Date:
Alameda CTC to complete: Final Cost-Effectiveness Value: ,_$_ _ _ _ ____!/ton (weighted) Complete the sections that apply to the type of project implemented. Use additional pages as needed.
1. Project Description: Provide a brief description of the project implemented. Include all applicable information if the scope of the project changed in any way since it was originally approved.
2. Arterial Signal Timing Projects: A. Provide a list of (or attach a map showing) locations of re-timed traffic signals within the segment.
B. Complete a separate table for each project arterial/segment. Provide information for both directions of traffic (e.g., N&S) using a separate line for each direction. Measure vehicle speed and traffic volume concurrently. Pre-project data submitted shall be gathered within three months prior to construction. The post-project data submitted shall be gathered within three months after project completion. Arterial/Segment: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Length (to nearest 0.1 mi.): _ _ _ _ _ _ __ Data Collection
Time Period
Direction of Traffic
Days/Year Effective
Traffic Volume in Period
Average Vehicle Speed for Period
Pre-Project Pre-Project Post-Project Post-Project *2-yr Post-Project *2-yr Post-Project *Note: The 2-year post project data (23 to 25 months after the construction of the project) IS only required for projects that received four years of effectiveness at the time of project approval.
E-2 188
Alameda CTC Agreement No. Al3-0081
3. Transit Vehicle Traffic Signal Prioritization Projects: Complete 3A- 3C.
A. Provide the following information, using a separate column for each bus route that benefited from the project. Route Number or Segment of Roadway (Use a separate column for each) Distance of bus route (one-way) Days per year of service
#1
#2
#3
#Runs per day (one-way) with and\ without project
\
\
\
Average bus speed with and \without project
\
\
\
Average passengers per run with and\ without project
\
\
\
% of passengers that previously drove alone
B. Provide list (or attach map) showing locations of traffic signals where transit signal prioritization systems were installed. Indicate where other improvements were made to the arterial to improve transit speeds (e.g., bus bulbs, queue lanes). C. The sponsor is encouraged to provide any additional information that helps document the impact of the project on bus ridership.
4. Other Requirements: A. Attach any documentation required to support the final report or as required in the TFCA funding agreement, including documentation that the BAAQMD and Alameda CTC were credited as a funding source. List all report attachments below (add lines as needed): 1)
2) 3)
5. Certifications: A. Project Sponsor: I, - , - - - - - - - - - - - - · ( p r i n t name), certify that the information provided is complete and correct.
Project Sponsor Signature
Title
B. Program Manager (Alameda CTC): I, (print name), to the best of my knowledge, certify that the information provided is complete and correct.
County Program Manager Liaison Signature
E-3 189
Alameda CTC Agreement No. A 13-0081
__ Yes, the Final Cost-effective Worksheet is attached.
E-4 190
SR 14-056
Attachment 2
~'!::;til~
~/
__
~ ~u~~2~----~ e_nn __o__ra__n_d_u __nn_____________________5_._1
.. .
~
,''••
Com miSSIOn ...__
1333 Broodwoy, Suites 220 & 300. Ooklond. CA 94612
PH : (510} 208-7400
www.AiomedoCTC.org
.,, 1\\\~
DATE:
July 2, 2013
SUBJECT:
Transportation Fund for Clean Air (TFCA) Final FY 2013/14 Program
RECOMME~DATION:
1) Approve the FY 2013/14 TFCA program, including final approval for $1 ,428,821 for 12 projects. The recommended program includes unprogrammed capacity of $90,000 that will require an additional programming action in September. 2) Provide input on staff suggestions for streamlining the TFCA Program.
Summary .
Of the $1 ,888,821 available for the FY 2013/14 TFCA program, two projects received final approval in June, for a total of $370,000, leaving a remaining balance of $1.518,821. At this time a total of $1,428,821 is recommended for final approval for 12 projects. For the remaining $90,000, a final programming action will be required in September 2013 to secure the remaining funds. Staff suggestions for streamlining the TFCA program have also been provided for review. Background
TFCA funding is generated by a $4.00 vehicle registration fee collected by the Air District. Projects that result in the reduction of motor vehicle emissions are eligible for TFCA. Eligible projects are to achieve surplus emission reductions beyond what is currently required through regulations, ordinan c es, contracts, or other legally binding obligations. Projects typically funded with TFCA include shuttles, bic ycle lanes and lockers, signal timing and ·trip reduction programs. As the TFCA Program Manager for Alameda County, the Alameda CTC is responsible for programming 40 percent of the four dollar vehicle registration fee that is collected in Alameda County for this program. Five percent of new revenue is set aside for the Alameda CTC's administration of the TFCA program. Per the Alameda CTC TFCA Guidelines, 70 percent of the available funds are to be allocated to the cities/county based on population, with a minimum of $10,000 to each jurisdiction. The remaining 30 percent of the funds are to be allocated to transit-related projects on a discretionary basis. The FY 2013/14 fund estimate is included as Attachment A and indicates each agency's balance.
R:\AiaCTC_Meetings\Community_Technic aiAdvisoryCommittees \ACTAC\M eetings\20 13\20 130702\Ag end a\ Regular_ltems\5.1 _TFCA_Program_FY 13-1 4\5.1 _TFCA_Memo -ACTAC.d ocx
191
SR 14-056
Attachment 2
In developing the annual TFCA program, considerations include the following: •
The total amount of available TFCA is required to be completely programmed on an annual basis.
•
The eligibility and cost-effectiveness requirements of the program.
•
A jurisdiction may borrow against its projected future share in order to receive more funds in the current year, which can help facilitate the programming of all available funds.
FY 2013/14 Program The recommended final program, included as Attachment B, has several revisions from the draft program considered by the Commission last month. Key changes include: •
AC Transit and LAVTA proposed substitute projects.
•
For several projects, the recommended TFCA amount has been adjusted from the draft program based on final project cost-effectiveness results. Sponsors of projects with funding shortfalls, due to an amount of recommended TFCA that is less than the amount requested, were also requested to confirm whether funding from other sources will be committed to the project to fill the shortfall.
•
City of Hayward's project is recommended for $190,000 through the FY 2013/14 program. The City currently carries a negative share balance of approximately $500,000. To ensure funding equity over the life of the TFCA program, staff will continue to monitor future TFCA funding to reduce the negative balance.
•
Any funds that remain unprogrammed at the time of the July Commission action will be brought back to the Commission in September with a recommendation to utilize all funds. FY 2013/14 funds are required to be programmed by November 1, 2013.
Streamlining the TFCA Program In response to feedback received from the Chair of the Commission and ACTAC, staff began compiling a list of suggestions to streamline the administration of the TFCA program. The suggestions are proposed to be transmitted to the Air District and to date include: •
Revisit the TFCA cost-effectiveness (CE) threshold of $90,000 of TFCA funds per ton ($90,000/lon) of emission reduced. Higher vehicle emissions standards has made it increasingly difficult for projects to achieve the $90,000/ton TFCA cost-effectiveness threshold.
•
Consider moving away from requiring project-specific surveys and data collection for certain projects, and instead use default values (e.g., pre-determined estimates for average trip distance, target population, capacity, etc.) along with commute data from existing sources for pre- and post-project evaluations.
•
Consider the default Average Daily Traffic (ADT)-based formula used to determine eligibility for bike facility projects to be sufficient for evaluating project emissions
R:\AiaCTC_Meetings\ Community_T echnicaiAdvisoryCommittees\ACT AC\Meetings\20 13\20 130702\Agenda\ Regular_ltems\5.1_TFCA_Program_FY13-14\5.l_TFCA_Memo-ACT AC.docx
192
SR 14-056 Attachment 2
reductions (in lieu of pre- and post-project bike counts) , consistent with the approach used for bike storage facilities. •
Consider developing pre-determined TFCA award amounts (per rider, participant or capacity) in place of project-specific data collection, such as surveys and counts .
•
Provide more comprehensive guidance for projects that support newer technologies to encourage applications and assist County Program Managers with determining TFCA eligibility for these projects.
•
Reformat survey templates to facilitate electronic surveying practices.
ACTAC is requested to provide comments and/or additional suggestions by Tuesday, July 9th. Fiscal Impact: The fiscal impact for approving this item is $1 ,428,821 , which was included in the budget adopted for FY 2013/14. Attachments
A. TFCA FY 2013/14 Fund Estimate B. TFCA FY 2013/14 Final Program Staff Contacts
Matt Todd, Principal Transportation Engineer Jacki Taylor, Program Analyst
R:\AiaCTC_Meetings\ Community_Technica!AdvisoryC ommittees \ACT A C\Meetings\20 13\20130702\Agenda \ Regular_ltems\5. 1_TFCA_program_FY 13-14\5.1 _TFCA_M emo-ACTAC.docx
193
SR 14-056 Attachment 2
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194
SR 14-056 Attachment 2
)>Al <0/ (!) )>
TFCA FY 2013/14 Fund Estimate- Final- March 2013
:J -
o_O
o ..... O /
Population (Estimate)
;u ()
(!) I
Agency
0~
Alameda Alameda County Albany Berkeley Dublin Emeryville Fre mont Hayward Livermore Newark
co:S: c (!) 1-_
- · :;,
-co (!).,
.3-"' ,() /Q
Y'3
I~
3
--< c
..,:J () -·
1;: )> -
~(!) 0 0
<0 :::>
a~3 o I Q. ..,.,)>
:5o. w :5. ~ o
.!>.-<
~() :.... o
>3
I_.
Oakland Piedmont Pleasanton San Leandro Union City
3
TOTAL:
():::
Population
Total o/o of Fun
TFCA Funds Available (new this FY)
4.87% 9.32% 1.21% 7.49% 3.05% 0.67% 14.21 % 9.60% 5.38% 2.81% 25.80% 0.71 % 4.65% 5.62% 4.61 % 100.00%
4.86% 9.30% 1.20% 7.48% 3.05% 0.79% 14.18% 9.58% 5.37% 2.80% 25.75% 0.79% 4.64% 5.61% 4.60% 100.00%
$ 61,843 118,344 $ 15,318 $ 95,135 $ $ 38,764 $ 10,000 180,375 $ 121,890 $ 68,272 $ $ 35,662 327,559 $ 10,000 $ 59,050 $ $ 71,299 58,534 $ $ 1,272,044
o/o
74,640 142,833 18,488 114,821 46,785 10,200 217,700 147,113 82,400 43,041 395,341 10,807 71 ,269 86,053 70,646 1,532,137
Balance from Pf9vlous FY
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
(495,207 4,976 (46,555 118,169 116,719 17,565 39,721 (660,439) 242,812 194,299 179,337 34,899 (26,628 27,998 98,988 (153,347)
Programmed in Last Cycle
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
-
35,300
57,507
92,807
FY 12/13 Rollover (Debits/ Credits) .
Funds Relinquished This FY
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
1,679 6,090
-
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $
56,622
$
-
3,515
-
-
636 -
39,858
-
4,843
(493,528) 11,066 (46,555) 121,684 116,719 17,565 39,721 (659,8032 242,812 194,299 183,895 34,899 (84,135) 32,841 98,988 (189,532)
TFCA Balance (New+ Rollover)
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
(431,685 129,410 (31,237\ 216,819 155,483 27,565 220,096 (537,913 311 ,084 229,961 511,454 44,899 (25,085\ 104,140 157,522 1,082,512
)>(!) I <0
..,., .,
--<-"' > w() ' .....
:t:> :nO
:J/
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<0 ..,., (!)
I
c -
FY 13/14 TFCA Revenue (Per Exp. Plan) FY 11/12 admin "actual" 5% adjustment Calendar year 2012 Interest Earned Total Funding Available
$ $ $ $
1 ,896,911 4 ,049 11 ,091 1 912 052
Less 5% for Program Administration Total Programming Capacity
$
94,846
$
1,817,206
Relinquishments
$
71,615
FY12/13 Rollover (debiVcredit) Adjustment
$
-
Subtotal Relinquishments & Rollover Adjustments
$
Adjusted Total Available to Program
$
6. s· m
3" ~
(5% of this line is the admin. limit)
Guarantee 70% 1,272,044 $
Discretionary 30% 545, 162 $
a~
-w {!)/ . "" "Oo 0.~
w
0
"0 /""
$
14,994
$
(246, 150) $
246, 150
71,615 $
(189,528) $
261, 144
1,888,821
56,622
$
$
1,082,516
$
806.305
)>
Notes:
1.
Includes all TFCA programm ing actions through 12/31/12.
2.
Population estim ates as of 1/01 / 12 from Dept. of Finance (www.dof.ca.gov).
195
SR 14-056 Attachment 2
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196
SR 14-056 Attachment 2 TFCA County Program Manager Fund - FY 2013/14 Final Program
........
ProJect Name
Total Project c..t.
Project Description
._
... .......... ............
Roeommendod Flnol Program
TFCACoat-
.....
70% City/County Share Alameda County
Fairmont Rd Class II Bike
Berkeley
Berkeley Citywide Bicycle Parking Project
Lanes
East Bay Regional Park District Fremont
Iron Horse Trail Dublin/Pleasanton BART Santa Rita Road Arterial Management Program- Ardenwood. Mission. and Stevenson Blvds
Hayward
"A" Street Signal Upgrade and Coordination
Oakland
Adeline St Bikeway Gap Closure
Oakland
Oakland
$340,000
$200,0!)0
Purchase and installation on the public right-of-way of at least 278 bicycle racks
$155,000
$155,000 .
$39,748
$
155,000
$750,000
$87,137
$
180,000 Final approval received in June.
Construct a 1.6-mile concrete Class 1 segment of the Iron Horse Regional Trail between the Dublin/Pleasanton BART Station and Santa Rita Road Project.
$4,320,000
..
$218,000
$218,000
Provide traffic signal retiming and coordination along "A" Street at 10 intersections between Mission Boulevard and Hesperian Boulevard, including upgrading existing controllers and closing the gap between the existing signal interconnect system to allow communications between the Traffic Operations Center (TO C) and the onstreet controllers. The project will install Class 2 bike lanes on Adeline St, 47th to 61st Sts. The new facility will adjoin existing bikeways at each end. The street will be sluny-sealed prior to bike lane installation.
$209,000
$190,000
$73,000
$58,000
CityRacks Bicycle Parking Program Phase 10
This project will fund Phase 10 of Oakland's CityRacks Bicycle Parking Program. Over the two year grant period, the project includes installation of approximately 500 bike rack parking spaces and four electronic bicycle lockers to serve the 12th St BART Station.
$100,000
City of Oakland Broadway Shuttle
The Free Broadway ShutUe {the "B") operates between the Jack London Oakland Amtrak Station and Broadway at 27th Street at 11-16 minute frequencies. Starting July 2013, the B's service hours will be Monday-Thursday 7am-10pm; Friday 7am12am; and Saturday 6pm-12am. TFCA request is for a 1.5 year period, July 2013Dec. 2014. The first half-mile segment of the East Bay Greenway, from Coliseum BART to 85th Avenue in Oakland. The East Bay Greenway is a planned 12-mile bicycle and pedestrian facility that will travel through Oakland. San Leandro. Hayward and unincorporated Alameda County. The Greenway alignment generally runs under the BART tracks and will ultimately connect five BART stations.
East Bay Greenway
Pleasanton
Pleasanton Trip Reduction Program San Leandro LINKS Shuttle
.
•.
$0 Eligible for up to $112,000 of TFCA, but project schedule is better aligned with next year's TFCA program (FY 2014/15).
$66,080 $ .·.
.......
$31,994 $
$100,000
$25,759 $
88,000 Sponsor has confirmed project would be fully funded from other sources if TFCA funds approved.
.
$~2,701
..·
.
$89,7A6,
$140,268
$0 Project is eligible for $7,000 of County TFCA, but is not recommended for funding. Minimum grant size not met.
:· .. $190,000
The project consists of a three-pronged approach to reducing trips including employer-based, residential-based and school-based programs. TFCA request revised to two years of program operations (FYs 13/14 and 14/15).
$228,000
$118,000
The free shuttle provides service from the San Leandro BART station to businesses in West San Leandro. Service is provided every 20 minutes, MondayFriday during peak commute hours from 5:45AM to 9:45AM and 3:00PM to 7:00PM. The TFCA request is for FYs 13114 and 14/15.
$633,000
190,000
51,000 Sponsor has confirmed project would be fully funded from other sources if TFCA funds approved.
•.
$1,051,000
76,000 Funds recommended only for Stevenson Blvd. Ardenwood & Mission segments ineligible for TFCA
$
. $89.231
···.·
$3,010,000
$88,364
•
_$85,111
$
118,000 Recommended for two years of funding: FYs 13/14 and 14/15.
$
60,000 Recommended for two years of funding: FYs 13/14 and 14/15.
190,000 Final approval received in June.
·····
....
.· $104,000
.
$88,534
.·
Subtotal City/County (70%)
$2,223,268
TFCA Balance Available
$1,082,516
I
197
$89,518
I
citywide, including six (6) pilot in-street "bicycle corral" locations along commercial corridors. The City will install racks primarily on sidewalks near commercial areas, schools, and parks.
This project will improve arterial operations along three corridors: Ardenwood, Stevenson, and Mission Boulevards by implementing new signal coordination timings and upgrading most of the existing traffic signal equipment to enhance the operation of the traffic signal coordination.
Oakland
San Leandro
qass II Bicycle Lane Gap Closure on F.airmont Drive between E. 14th Street ~nd Liberty, in the Ashland Unincorporated Area of Alameda County.
Difference
($1,140,752)
$
1,108,000 $1,082,516
$
(25,484)
!J1 ~
SR 14-056 Attachment 2
...._..-...
TFCA County Program Manager Fund - FY 2013/14 Final Program Sponsor,
ProJect Name
Total Project Coot
PtoJeet Desc:rlptlon
.,...
Recommended
TFCACostetrec:tfveneas
Nolas
Program
30% Transit Discretionary Share AC Transit
Bus Electrification Demonstration Project
The conversion of an existing hybrid gasoline bus to a fully electric vehicle to achieve reductions in emissiOt'!S and operational costs. To achieve ac;ldilional emissions reductions credit, a conventional diesel fuel bus from the AC Transit revenue fleet will be scrapped.
$
484,000
$387,276
NA
AC Transit
Route 51 Transit Signal Priority (TSP)
TSP Improvements for Route 51. Route 51 A: Rockridge BART to Fruitvale BART. 518: Rockridge BART to Berkeley Amtrak or Berkeley Marina. TSP improvements along the route including: installation of conduit and hardware for signal interconnectivity; signal retiming; signal cabinet upgrades to facilitate modernization; signal modifications; queue jump lanes; bus bulbs; bus stop optimization including relocations and removals.
$
11,515,000
$1,000,000
NA
..
Alameda CTC
Alameda County Guaranteed Ride Home and Countywide Transportation Demand Management Services
The Program provides a "guaranteed ride home" to registered employees in $ Alameda County as an incentive to use alternative commute modes. TFCA request is for continued program operations for FY 13/14 and FY14/15 and includes the creation of new educational materials providing comprehensive information on different TDM services and commute alternatives available in Alameda County.
270,000
$
270,000
CSU East Bay
Second BART to Campus Shuttle
Continue existing operations of a second free campus to BART shutue. The route operates in a loop between CSU East Bay campus and the Hayward BART station 7am--930pm, 240 days per year. Request is for FY 13114 operations.
•
159,314
•
159,314
LAVfA
Route 20X Operations
Route 20x operations for FYs 13114 and 14115. Route 20x originates at East DubliniPieasanton BART Station, serves Vasco Road to East Avenue (including Lawrence livermore and Sandia National laboratories), and continues along Mines Road and First Street to the livermore Transit Center.
•
318,000
$
100,000
LAVfA
Rte 53 Ace to BART Shuttle
Rte 53 provides local feeder bus service to the Altamont Commuter Express (ACE) $ Pleasanton Station and the West Dublin! Pleasanton BART Station, and the Stoneridge mall. FYs 13/14 and 14115 operations.
335,834
•
120,000
LAVfA
Rte 54 Ace to BART Shuttle
Rte 54 provides local feeder bus service between the Altamont Commuter Express $ (ACE) Pleasanton Station, the DublinfPieasanton BART Station and major employment centers including Stoneridge Mall, Bernal Business Park and Hacienda Business Park. FYs 13114 and 14/15 operations.
337,082
LAVfA
RAPID Operations
6,578,000 Rapid operations for FYs 13114 and 14/15. The Rapid originates at the West $ DublinJPieasanton BART Station, serves Stoneridge Mall, Downtown Dublin and HaCienda Crossings, livermore Premium Outlets, livermore Transit Center, and Lawrence Livermore and Sandia National laboratories. Subtotal Transit Discretionary (30%)
$0 AC Transit has withdrawn the project due to the funding shortfall.
$123,821 Newly proposed project.
-
.....
....
20,17'0"_ $
$
....
..
..
•
8~,7_99.
$
.....
. .. NA
.
..
. .
$
47,000
•
350,000
:
·.·.
$
····.·.··· •••
-_89,~
$
•
'
.· NA.
120,000 Newly proposed project. Assumes ACE will receive regional TFCA for 2014 ($44Kf year). 47,000 Newly proposed project. Assumes ACE will receive regional TFCA for 2014 ($501<1 year). $0 Rtes 53 and 54 submitted in place of RAPID request.
'.'
•••• -, ..
'··
$
2,433,590
$
690,821
TFCA Balance Available
$
806,305
$
806,305
Difference
$
(1,627,285)
$
115,484
Amount A willable
Recommendecl
_Finar FY _%013114'TFCA' Program
· .. ·
$ 1,082,516.00
Subtotal TFCA 70%
$
1,108,000
•
806,305.00
Subtotal TFCA 30%
$
690,821
$ 1,888,821.00
Total Recommended
$
1,798,821
Recommended for final approval July 2013
$
1,428,821
Remaining Balance
$
90,000
Final approval received June 2013
198
130,000 TFCA reduced from draft program. Sponsor has confirmed shortfall will be funded from other sources. $0 Does not meet Air District's required cost-effectiveness for TFCA
,.:.
. -~1',787
$
270,000 Recommended for two years of funding: FYs 13114and 14115.
$370,000
Report No: Meeting Date:
13-289a January 22, 2014
Alameda-Contra Costa Transit District
STAFF REPORT TO:
Finance and Audit Committee Board of Directors
FROM:
David A. Wolf, General Counsel
SUBJECT:
Health and Welfare Benefits for Retired Elected Officials
ACTION ITEM RECOMMENDED ACTION(S):
Adopt Resolution No. 14-004 to amend Board Policy 138 concerning Health and Welfare Benefits for Retired Elected Officials to conform to legal requirements applicable to retired Director benefits. EXECUTIVE SUMMARY:
The District may provide retired Directors with health and welfare benefits if they meet statutory length and date of service requirements. Under Government Code section 53201, Directors elected after January 1, 1995 are responsible for paying for the cost of their retiree health and welfare benefits. Currently, two former Directors elected before January 1, 1995 are receiving District-paid health and welfare benefits in accordance with existing Board Policy 138 and then applicable law. Based on the date that they assumed office and their length of service, most current Directors will be eligible for District health and welfare benefits upon retirement; however, they will be required to pay for those benefits themselves at the applicable group or retiree rate . (Gov. Code § 53201.) BUDGETARY/FISCAL IMPACT:
There is no budgetary or fiscal impact associated with this report.
BACKGROUND/RATIONALE:
Board Policy 138 was enacted pursuant to Government Code section 53201, et seq. and Public Utilities Code section 99157. Government Code section 53201, et seq. establishes which retired Directors may receive health and welfare benefits and who pays for them. Public Utilities Code section 99157 limits such benefits to the same level of benefits as received by fu ll-time District employees. The District may place additional conditions on the receipt of such benefits so long as they do not conflict with these statutory requirements.
199
Report No. 13-289a Page 2 of 3 Board Policy 138, "Health and Welfare Benefits for Retired Elected Officials," governs the provision of health and welfare benefits to retired Directors. The policy was established by Board Resolution 612 on November 26, 1985, and its provisions were amended by Board Resolution 2022 on October 11, 2001. Current Board Policy 138 provides in relevant part that health and welfare benefits may only be provided to former Directors who (1) held the position of Director on or after July 1, 1998 [sic], (2) have served at least 5 years, and (3) are at least 55 years of age when they leave office. Board Policy 138 further provides that the District will pay 50% of the cost of the medical premiums, and the full cost of the dental and vision coverage premiums, for the former Director. Directors are responsible for paying for the cost of medical, dental, and vision premiums for their spouses and family members. Board Policy 138 does not currently provide that Directors elected since January 1, 1995, must pay for the cost of the premiums for the health and welfare benefits they receive after they retire from service. The policy should be amended to reflect this. ADVANTAGES/DISADVANTAGES:
Advantages: Changing the language of Board Policy 138 will bring that policy in line with legal requirements. Disadvantages: None ALTERNATIVES ANALYSIS:
None PRIOR RELEVANT BOARD ACTIONS/POLICIES:
Resolution No. 612, adopted November 26, 1985 Resolution No. 2022, adopted October 11, 2001 ATIACHMENTS:
1:
Resolution No. 14-004
2:
October 30, 2013 Staff Report No. 13-289: "Board Policy No. 138 - Health and Welfare Benefits for Retired Elected Officials" Resolution No. 612 (1985) Resolution No. 2022 (2001)
200
Report No. 13-289a Page 3 of 3
Department Head Approval:
David A. Wolf, General Counsel
Reviewed by:
David A. Wolf, General Counsel Lewis G. Clinton, Jr., Chief Financial Officer David A. Wolf, General Counsel Peter Sturges, Attorney Ill
Prepared by:
201
This page intentionally blank
202
ALAMEDA-CONTRA COSTA TRANSIT DISTRICT RESOLUTION NO. 14-004
A RESOLUTION AUTHORIZING A CHANGE TO THE LANGUAGE OF BOARD POLICY N0.138- HEALTH AND WELFARE BENEFITS FOR RETIRED ELECTED OFFICIALS TO MAKE THE POLICY CONFORM TO APPLICABLE LAWS WHEREAS, on November 26, 1985, the Alameda Contra Costa Transit District Board of Directors adopted Resolution No. 612 continuing paid health and welfare benefits for Directors who terminated service on or after January, 1981, as authorized by sections 53201 and 53205 of the California Public Utilities Code, which Resolution established Board Policy No. 138, Health and Welfare Benefits for Retired Elected Officials; and WHEREAS, on October 11, 2001, the Board of Directors adopted Resolution No. 2022 which amended Board Policy No. 138 to establish eligibility criteria and applicable health and welfare benefits in conformity with California Public Utilities Code section 99157; and WHEREAS, California Government Code section 53201 provides that Directors who are
elected since January 1, 1995, who have served one or more terms of office, and who elect to receive District health and welfare benefits upon retiring from service as Directors must pay for the cost of the health and welfare benefit premiums themselves; and WHEREAS, on or about October 30, 2013, District staff recommended to the Board of
Directors that Board Policy No. 138 be changed in order to make it conform to the requirements of California Government Code section 53201; NOW THEREFORE, the Board of Directors of the Alameda-Contra Costa Transit District
does resolve as follows: Section 1.
Board Policy No. 138, Health and Welfare Benefits for Retired Elected
Officials, is hereby amended to state that "Former Directors who were elected after January 1, 1995 shall be responsible for paying the cost of all premiums for District health and welfare insurance extended to them after retirement from District service." Section 2.
This resolution shall not affect the health benefits currently received by
former Directors who qualified under Resolutions 612 and 2022. Section 3.
The eligibility criteria shall remain as set forth in Resolution 2022.
Section 4.
This resolution shall become effective immediately upon its passage by
four affirmative votes of the Board of Directors.
203
PASSED AND ADOPTED this 22"d day of January 2014.
Greg Harper, President
Attest:
Linda A. Nemeroff, District Secretary I, Linda A. Nemeroff, District Secretary for the Alameda-Contra Costa Transit District, do hereby certify that the foregoing Resolution was passed and adopted at a regular meeting of the Board of Directors held on the 22"d day of January 2014, by the following roll call vote:
AYES: NOES: ABSENT: ABSTAIN:
Linda A. Nemeroff, District Secretary
Approved as to Form and Content:
David A. Wolf, General Counsel
204
Att. 2 to SR 13-289a Report No: Meeting Date:
13-289 October 30, 2013
Alameda-Contra Costa Transit District
STAFF REPORT TO:
AC Transit Board of Directors
FROM:
David A. Wolf, General Counsel
SUBJECT:
Board Polley No. 138- Health and Welfare Benefits for Retired Elected Officials
BRIEFING ITEM RECOMMENDED ACTION(S): Consider receiving a report regarding the history and status of Board Policy No. 138- Health and Welfare Benefits for Retired Elected Officials.
EXECUTIVE SUMMARY: The District may provide retired Directors with health and welfare benefits if they meet statutory length and date of service requirements. The District may pay for some or all of the cost of those benefits if the Director in question meets certain statutory criteria. Otherwise, Directors are responsible for paying for the cost of their benefits. Currently, two former · Directors are receiving District-paid health and welfare benefits in accordance with Board Policy 138 and applicable law. Based on the date that they assumed office and length of service, most existing Directors also will be eligible for District health and welfare benefits upon retirement, but will be required to pay for the cost of those benefits themselves, at the applicable group or retiree rate Board Polley 138 provides that the District will pay for a portion of the health benefits provided the Retired Director served for at least five years and was 55 years old at retirement. However, current law provides that Directors elected after January 1, 1995, must pay the costs for these benefits received after retirement. To that extent BP 138 is inconsistent with existing law and should be amended .
BUDGETARY/FISCAL IMPACT: There is no budgetary or fiscal impact associated with this report.
BACKGROUND/RATIONALE: Board Policy (BP) 138, " Health and Welfare Benefits for Retired Elected Officials," governs the provision of health and welfare benefits to retired Directors. BP 138 was established by Board Resolution 612 on November 26, 1985, and its provisions were amended by Board Resolution 2022 on October 11, 2001.
205
Report No. 13-289 Page 2 of 5 BP 138 provides that health and welfare benefits may only be provided to retired Directors who (1) held the position of Director on or after July 1, 1998, (2) have served at least 5 years, and (3) are at least 55 years of age when they leave office. BP 138 further provides that the District will pay 50% of the cost of the medical premiums, and the full cost of the dental and vision coverage premiums, for the retired Director. Directors are responsible for paying for the cost of medical, dental, and vision premiums for their spouses and family members. (Board Policy 138, § 1, '111.) The term of office for an AC Transit Director is 4 years. Directors who are at least 50 years old and who have at least 15 years of service may elect to remain with the District benefit plan on a "self-pay" status. Directors are eligible to convert to retired medical benefits at age 55. (Board Policy 138, § 1, 'II 2.) BP 138 specifically keeps intact the retired benefits provided to Directors under prior Resolution 612 enacted in 1985. (Board Policy 138, § 2.) BP 138 was enacted pursuant to Government Code section 53201, et seq. and Public Utilities Code section 99157. Government Code section 53201, et seq. establishes which retired Directors may receive health and welfare benefits and who pays for them. Public Utilities Code section 99157 limits such benefits to the same level of benefits as received by full-time District employees. The District may place additional conditions on the receipt of such benefits so long as they do not conflict with these statutory requirements.
DISCUSSION 1. Under what circumstances may the District provide health and welfare benefits to its retired Directors? The District may extend health and welfare benefits to retired Directors who have either served a total of 12 or more years after January 1, 1981 or who have served at least one complete term of office since that date. (Gov. Code,§§ 53201, subd.'s (a), (b)(1), (b)(2), 53205.) 2. Who is responsible for paying the cost of Retired Director health and welfare benefits? District-paid health and welfare benefits are only available for Directors who have 12 or more years of service since 1981. The District may pay for some or all of the costs of the health and welfare benefits for those Directors. {Gov. Code, §§ 53201, subd.'s (a), (b)(1), 53205.) By the adoption of Resolution 612 the Board agreed the District would pay for these benefits for the Directors meeting this criteria. All other Directors elected since January 1, 1995, who have served one or more terms of office must pay for the full cost of the health and welfare benefits themselves. (Gov. Code, § 53201, subds. (b)(2), (c)(1).) This is referred to as the "self-pay" provision. Health and welfare benefits may not exceed the level of benefits provided to full-time active or retired District employees. (Pub. Utilities Code,§ 99157.)
206
Report No. 13-289 Page 3 of 5 3. Are any retired AC Transit Directors receiving District health and welfare benefits? Currently, only former Directors Alice Creason and Patricia Piras receive District health and welfare benefits. The District is paying for the full cost of those benefits because both of these individuals served as Directors for 12 or more years since 1981 and were elected prior to January 1, 1995. (Gov. Code,§§ 53201, subds. (a), (b)(1), (c)(1), (c)(3),53205.) 4. Under what circumstances may current District Directors receive Retired health and welfare benefits? Current Directors may have District health and welfare benefits extended to them if District policy so provides and they meet the eligibility criteria for years of service and age and they pay for the costs of those benefits. 5. Does the District's current Board Policy 138 Comply with laws governing retired Director health and welfare benefits? The District's current BP 138 complies with applicable Government Code and Public Utility Code sections, but should be amended to be consistent with Government Code section 53201 {c)(1). 1 The current language of BP 138 appears to have been enacted in response to Public Utilities Code section 99157, which was enacted in 1989. That section limits retired Director health and welfare benefits to the same level of benefits as are provided to full time active or retired District employees. Consequently, the eligibility criteria for retired Director benefits appears to track the eligibility criteria for District employees generally. Section 99157 does not require that the same benefits be provided to retired Directors. Rather, it places a cap on such benefits at the same level as received by District employees.
APPLICABLE LAW Public Utilities Code§ 99157: 99157. Notwithstanding any other provision of law, a transit district may not provide any life, accident, or health insurance plan to any member or former member of the governing board of the district who first served as a member of the governing board after January 1, 1989, that exceeds the benefits provided to full-time active or retired district employees. The terms, conditions, or contributions applicable to any plan provided for employees shall also apply to any plan provided for those members ofthe governing board.
1
While the law establishes threshold criteria that must be metin order to provide health and welfare benefits to retired Directors, it does not mandate that such benefits be provided. Government Code sections 53201 and 53205 permit the District to provide such benefits at its discretion. Moreover, the District may place additional conditions on the receipt of such benefits so long as they do not con filet with statutory requirements. Accordingly, other current District eligibility criteria, such as the age 55 and 5year minimum service requirements, appear to be permissible with respect to self-pay retiree health and welfare benefits.
207
Report No. 13-289 Page 4 of 5 Government Code § 53201: (a) The legislative body of a local agency, subject to conditions as may be established by it, may provide for any health and welfare benefits for the benefit of its officers, employees, retired employees, and retired members of the legislative body, as provided in subdivision (b), who elect to accept the benefits and who authorize the local agency to deduct the premiums, dues, or other charges from their compensation, to the extent that the charges are not covered by payments from funds under the jurisdiction of the local agency as permitted by Section 53205. (b) The legislative body of a local agency may also provide for the continuation of any health and welfare benefits for the benefit of former elective members of the legislative body who (1) served in office after January 1, 1981, and whose total service at the time of termination is not less than 12 years, or (2) have completed one or more terms of office, but less than 12 years, and who agree to and do pay the full costs of the health and welfare benefits. (c) (1) Notwithstanding any other provision of law, a legislative body of a local agency that provided benefits pursuant to subdivision (b) to former elective members of the legislative body January 1, 1995, shall not provide those benefits to any person first elected to a term of office that begins on or after January 1, 1995, unless the recipient participates on a self-pay basis, as provided in subdivision (b). (2) A legislative body of a local agency that did not provide benefits pursuant to subdivision (b) to former elective members of the legislative body before January 1, 1994, shall not provide those benefits to former elective members of the legislative body after January 1, 1994, unless the recipients participate on a self-pay basis. (3) A legislative body of a local agency that provided benefits pursuant to subdivision (b) to former elective members of the legislative body before January 1, 1994, may continue to provide those benefits to those members who received those benefits before January 1, 1994.
***** Government Code§ 53205: From funds under its jurisdiction, the legislative body may authorize payment of all, or such portion as it may elect, of the premiums, dues, or other charges for health and welfare benefits of officers, employees, retired employees, former elective members specified in subdivision (b) of Section 53201, and retired members of the legislative body subject to its jurisdiction. Those expenditures are charges against the funds. If the employer pays any portion of the premiums, dues, or other charges for the health and welfare benefits, any dividends paid or premiums refunded or other rebates or refunds under any of those health and welfare benefits up to the aggregate expenditures of the employer for the benefits are the employer's property. The
208
Report No. 13-289 Page 5 of 5 excess, if any, shall be applied by the employer for the benefit of the employees or their dependents generally. ADVANTAGES/DISADVANTAGES: Advantages: Receipt of the report will provide the Board with the answers to the questions raised regarding health and welfare benefits for retired Directors. Disadvantages: None ALTERNATIVES ANALYSIS: None PRIOR RELEVANT BOARD ACTIONS/POLICIES: Resolution No. 612, adopted November 26, 1985 Resolution No. 2022, adopted October 11, 2001 ATTACHMENTS: 1: Board Policy No. 138
Department Head Approval:
David A. Wolf, General Counsel
Reviewed by:
David A. Wolf, General Counsel
Prepared by:
David A. Wolf, General Counsel Peter Sturges, Attorney Ill
209
AC Transit
POLICY NO. 138
BOARD POLICY Category: Board & General Administrative Matters
HEALTH AND WELFARE BENEFITS FOR RETIRED ELECTED OFFICIALS
ADOPTED BY RESOLUTION NO. 612- NOVEMBER 1985 AMENDED BY RESOLUTION NO. 2022- OCTOBER 11, 2001
Adopted: _._11,_,_,/8""'-5_ __ Amendment(s): _1,_,1""'/0w.1_ __
Page 1 of 1
210
ALAMEDA-CONTRA COSTA TRANSIT DISTRICT
I
RESOLUTION NO. 2022 A RESOLUTION AUTHORIZING THE INCLUSION OF FORMER BOARD MEMBERS IN THE DISTRICT'S HEALTH PLAN, ESTABLISHING EUGIBILITY CRITERIA AND APPLICABLE BENEFITS WHEREAS, on November26, 1985, the Alameda-Contra Costa Transit District Board Of Directors adopted Resolution No. 612 continuing District paid health ancl welfare benefits
for Directors who terminated service on or after January 1, 1981, as authorized by sections 53201 and 53205 of the Public Utilities Code; and WHEREAS, effective January 1, 1989, Public Utilities Code §99157 provided: •Notwithstanding any other provision of law, a transit district may not provide any life, accident, or health insurance plan to any member or former member of the governing board of the district who first served as a member of the governing board after January 1, 1989, that exceeds the benefits provided to full-time active or retired district employees. The terms, conditions, or contnbulions applicable to any plan provided for employees shall also apply to any plan provided for those members of the governing board"; and WHEREAS, on September 20, 2001, a majority of the Executive Committee recommended the Board of Directors consider extending health benefits to former Directors, consistent with the limitations in Pubfic Utilities Code §99157;
I
NOW, THEREFORE, THE ALAMEDA-CONTRA COSTA TRANSIT DISTRICT BOARD OF DIRECTORS DOES RESOLVE AS FOLLOWS: SECTION 1, Approves extending to former Directors of the District the continuation of health benefits based on the following criteria:
•
Eligibility. Health Benefits may only be extended to former Directors who held the position of Director on or after July 1. 1998, who bald the positjon of Director for a minimum of 5 years and who were at least 55 years of age~ they left office.
•
Open Enrollment. A one-time qpen enrollment in Kaiser and HealthNet shall be made available to former Directors meeting the above criteria within 60 days Of approval by the Board of Directors. Thereafter, an offer to enroll eligible Directors will occur within 60 days of the seating of new Directors. However, if a former Director has had an opportunity to enroll in a retiree medical plan and declined to do so, he/she shall be precluded from participating in those plans in the future.
United Healthcare will only be offered to eligible Board members who live outside a Kaiser/Health Net service area, and any costs paid by the District will be limited to the lowest HMO.
I
Payment.
The health benef~s shall be paid as follows:
Resolution No. 2022 Page1 of2
211
•
1.
District will pay 50% of the medical premium, based on !he lowest HMO rate, for Directors with 5 years of service. An additional 10% of the medical premium will be added for each year of service. For example, !he District will pay 80% of the lowest HMO premium for a Director who is at least 55 years old with eight years of service. Costs for spousal or dependent participation shall be bome by the participating Director.
2.
EHQible Directors wiD receive free dental and vision coverage but must pay for spousal and/or dependent participation.
I
Medical Bridge. Directors who are at least 50 years old with at least15 years of service may elect to remain with the District benefit plan on Direct (self) pay status. Directors are eligible to convert to retiree medical benefits at age 55.
SECTION 2. This resolution shall not affect !he health benefits available to Directors or former Directors who qualify under Resolution No. 612. SECTION 3. This resolution shall be come effective Immediately upon its passage and adoption by four affirmative votes of the Board of Directors. RESOLUTION NO. 2022 WAS PASSED AND ADOPTED THIS 11th day of October 2001.
Matt Williams, President ATTEST:
I
I, Rose Martinez, District Secretary for the Alameda-Contra Costa Transit District, do heretiy certify that !he foregoing Resolution was passed and adopted at a Regular Meeting of the Board of Directors held on !he 11th day of October 2001, by !he fOllowing roll cal vote: AYES: NOES: ABSENT: ABSTAIN:
Directors Pires, Creason, Wallace, Harper, VIce President Peeples Director Cross President Williams None
Approved as to Form:
I
ResOlution No. 2022 Page20f2
212
RBSOL111'10H 110, 812
WBBRBAS, Section S3201(b) of the Public Utilities Code provides that the legislative body
or
a loaal agency may provide
tor the continuation of any health and welfare benefits for the benefit of former members of the legislative body who serve In offlae alter January 1, 1981, and whose total servlae at the time of termlnatl.on Is not less than twelve (12) years, and WBEBEAS, the Board of Dlreators of the Alameda-Contra Coata Transit Distrlat aonstltute a "legislative body" within the context and Intent of Section S3201(b) of the Public Utilities Code; and
WIIBIIBAS, Section 5320$ of the Public Utilities Code provides that the legislative body may form funds under Its jurisdiction, authorize payment of all, or such portion as It may elect, of the premiums, dues and other charges for health and welfare benefits of officers, smployees, retired employees, former eleatlve members spealfled In subdivision (b) of Section 53201, and retired members of the legislative body subject to Its jurisdictiOn! and WBBRBAS, the Personnel Committee of the Board of Directors did on November 30, 1983, adopt a motion recommending the Board of Dlractora approve continuation or health and welfare benefits for Directors terminating services on or after January 1, 1981, as author1zed by Seotlona 63201 and 53205 ot the Public Utilities Code, and furthermore the full oost of such eontinued benefits to be paid by the Dlstrlct1 and
213
-2-
WBBBBAS, the Board ot Directors as a part of a regularly soheduled meeting did on May 9, 1984, accept and adopt the reoommendatlon of the Personnel Committee with respect to continuance of health and welfare benefits for Directors terminating service on or alter January 1, 1981, as authorized by Sections 53201 and 53205 ot the Public Utilities Code, and furthermore the full cost ot suoh continued benefits to be paid by the District, NOW, THBRBPOBB, BB IT RBSOLVBD, that the Board of Directors does as a matter of record adopt Resolution No. 612 confirming the previous action of the Board of Directors to continue health and welfare benefits for Directors terminating service on or after January 1, 1981, as authorized by Sections 53201 and 53205 of the Public Utilities Code, and furthermore the full cost of such continued benefits to be paid by the District,
I certify that Raaolution No. 612 was duly and regularly adopted Dy the Board of Olreotors of the Altlmacla-conua Colta Tranai~ Distdct on '1'\lasday, November 26, 1985. I further oezotify that said Resolution No. 612 and recorded on Paqe 99 of Volume No. XXI.
214
~•lated.
eubject matter is
Report No:
14-027
Meeting Date:
January 22, 2014
Alameda-Contra Costa Transit District
STAFF REPORT TO:
Finance and Audit Committee AC Transit Board of Directors
FROM:
David J. Armijo, General Manager
SUBJECT:
Equipment Disposal
ACTION ITEM RECOMMENDED ACTION(S):
Approve the disposal of retired buses and non-revenue vehicles through sale, or by means most advantageous to the District and authorize the General Manager to take any necessary action and execute relevant documents to effectuate said disposal. EXECUTIVE SUMMARY:
The buses and non-revenue vehicles identified in Attachment 1 have surpassed their useful equipment life expectancy for the District's needs. Rehabilitation or repair costs for the vehicles outweigh their net book value, and these vehicles are recommended for disposal in accordance with the methods outlined in Board Policy 356. Concessions to the applicable Federal Transit Administration (FTA) funding sources are not required from the District on fully depreciated equipment. BUDGETARY/FISCAL IMPACT:
It is anticipated that sale of the District surplus vehicles will result in a reimbursement of $650 to $3,500 per vehicle, based on the fair market value at time of sale. BACKGROUND/RATIONALE:
The FTA requires that transit agencies operate transit buses funded by that agency for a period of 12 years or 500,000 miles to fulfill all financial obligations. The transit buses purchased with Federal funds in the disposal list have all met these requirements. The Van Hool gasoline hybrid bus is not required to meet the age or mileage parameters, since the bus was not purchased with Federal funds . Retrofit costs for this vehicle outweigh its net book value . The sale of buses from the disposition list is expected to result in sale proceeds of about $650 to $3,500 per bus dependent on the condition of the equipment.
Fair market value is
calculated on the basis of straight-line depreciation. Acceptable methodologies are described in FTA Circular 5010.1D, "Grant Management Requirements" located in Chapter IV.
215
Report No. 14-027 Page 2 of 2 ADVANTAGES/DISADVANTAGES: The advantages of disposing of the equipment is ensuring compliance with the FTA 20 percent spare ratio requirements and clearing parking spaces at the operating divisions. The disadvantage of not approving the disposition of these assets is violation of the FTA spare ratio requirements and reduced operating area of the divisions. ALTERNATIVES ANALYSIS: There are no practical alternatives to this action as the District is in the bus procurement process to replace vehicles that have surpassed their life cycle and space is needed for the buses that will be retired as buses arrive during the current calendar year. PRIOR RELEVANT BOARD ACTIONS/POLICIES: Staff Report 13-214- Equipment Disposal Board Policy 356- Disposition of Surplus Equipment ATTACHMENTS: 1: Equipment Disposition List Department Head Approval:
James D. Pachan, Chief Operating Officer
Reviewed by:
David A. Wolf, General Counsel Lewis Clinton, Chief Financial Officer
Prepared by:
Stuart Hoffman, Technical Service Manager
216
SR 14-027 Attachment 1
Equipment Disposition List Unit No.
Vehicle Description
Mileage
Acquisition Cost
Funding Source
1901
BUS: NEW FLYER ARTIC,1996
2SS,375
$386,862.62
00001/ FX542/ MTCUN/ SBRFN
1902
BUS: NEW FLYER ARTIC,1996
28S,751
$386,862.62
00001/ FX542/ MTCUN/ SBRFN
1903
BUS: NEW FLYER ARTIC,1996
268,725
$386,862.62
00001/ FX542/ MTCUN/ SBRFN
1904
BUS: NEW FLYER ARTIC,1996
271,975
$386,862.62
00001/ FX542/ MTCUN/ SBRFN
1905
BUS: NEW FLYER ARTIC,1996
248,863
$386,862.62
00001/ FX542/ MTCUN/ SBRFN
1922
BUS: NEW FLYER ARTIC,1996
486,376
$386,862.62
00001/ FX542/ MTCUN/ SBRFN
3012
BUS: NABI, 40' 2ND GP 1998
698,573
$256,828.19
FX690/ FY140/ FY249
3014
BUS: NAB I, 40' 2ND GP 1998
663,626
$256,829.19
FX690/ FY140/ FY250
3016
BUS: NABI, 40' 2ND GP 1998
680,677
$256,830.19
FX690/ FY140/ FY251
3017
BUS: NABI, 40' 2ND GP 1998
661,475
$256,831.19
FX690/ FY140/ FY252
3018
BUS: NABI, 40' 2ND GP 1998
614,308
$256,832.19
FX690/ FY140/ FY253
3021
BUS: NABI, 40' 2ND GP 1998
722,276
$256,833.19
FX690/ FY140/ FY254
3023
BUS: NABI, 40' 2ND GP 1998
653,088
$256,834.19
FX690/ FY140/ FY255
3024
BUS: NABI, 40' 2ND GP 1998
731,098
$256,83S.19
FX690/ FY140/ FY256
3026
BUS: NABI, 40' 2ND GP 1998
743,101
$256,836.19
FX690/ FY140/ FY25 7
3032
BUS: NABI, 40' 2ND GP 1998
705,820
$2S6,837.19
FX690/ FY140/ FY258
3036
BUS: NABI, 40' 2ND GP 1998
683,256
$256,838.19
FX690/ FY140/ FY259
3039
BUS: NABI, 40' 2ND GP 1998
639,925
$2S6,839.19
FX690/ FY140/ FY260
3042
BUS: NABI, 40' 2ND GP 1998
633,155
$256,840.19
FX690/ FY140/ FY261
3044
BUS: NABI, 40' 2ND GP 1998
537,233
$256,841.19
FX690/ FY140/ FY262
3045
BUS: NABI, 40' 2ND GP 1998
644,829
$256,842.19
FX690/ FY140/ FY263
3046
BUS: NABI, 40' 2ND GP 1998
598,492
$256,843.19
FX690/ FY140/ FY264
3047
BUS: NABI, 40' 2ND GP 1998
601,320
$256,844.19
FX690/ FY140/ FY265
3048
BUS: NABI, 40' 2ND GP 1998
609,414
$256,845.19
FX690/ FY140/ FY266
3049
BUS: NABI, 40' 2ND GP 1998
629,422
$256,846.19
FX690/ FY140/ FY267
3050
BUS: NABI, 40' 2ND GP 1998
546,211
$256,847.19
FX690/ FY140/ FY268
3051
BUS: NABI, 40' 2ND GP 1998
657,329
$256,848.19
FX690/ FY140/ FY269
3053
BUS: NABI, 40' 2ND GP 1998
725,320
$256,849.19
FX690/ FY140/ FY270
3057
BUS: NABI, 40' 2ND GP 1998
713,305
$256,850.19
FX690/ FY140/ FY271
3058
BUS: NABI, 40' 2ND GP 1998
687,079
$256,851.19
FX690/ FY140/ FY272
3060
BUS: NABI, 40' 2ND GP 1998
659,782
$256,852.19
FX690/ FY140/ FY273
3064
BUS: NABI, 40' 2ND GP 1998
686,673
$256,853.19
FX690/ FY140/ FY274
3101
BUS: NABI,3RD SERIES,1999
432,495
$277,879.79
00001/ F0438/ FY140/ MTCU N/ S4403
3104
BUS: NABI,3RD SERIES,1999
718,755
$277,880.79
00001/ F0438/ FY140/ MTCUN/ S4404
3106
BUS: NABI,3RD SERIES,1999
688,304
$277,881.79
00001/ F0438/ FY140/ MTCUN/ S4405
3108
BUS: NABI,3RD SERIES,1999
643,985
$277,882.79
00001/ F0438/ FY140/ MTCUN/ S4406
3109
BUS: NABI,3RD SERIES,1999
680,278
$277,883.79
00001/ F0438/ FY140/ MTCUN/ S4407
3111
BUS: NABI,3RD SERIES,1999
732,447
$277,884.79
00001/ F0438/ FY140/ MTCUN/ S4408
3112
BUS: NABI,3RD SERIES,1999
734,746
$277,885.79
00001/ F0438/ FY140/ MTCUN/ S4409
3115
BUS: NABI,3RD SERIES,1999
690,374
$277,886.79
00001/ F0438/ FY140/ MTCUN/ S4410
3118
BUS: NABI,3RD SERIES,1999
631,900
$277,887.79
00001/ F0438/ FY140/ MTCUN/ S4411
3121
BUS: NABI,3RD SERIES,1999
672,635
$277,888.79
00001/ F0438/ FY140/ MTCUN/ S4412
3123
BUS: NABI,3RD SERIES,1999
646,507
$277,889.79
00001/ F0438/ FY140/ MTCUN/ S4413
3124
BUS: NABI,3RD SERIES,1999
70S,746
$277,890.79
00001/ F0438/ FY140/ MTCUN/ S4414
3127
BUS: NABI,3RD SERIES,1999
655,004
$277,891.79
00001/ F0438/ FY140/ MTCUN/ S4415
3128
BUS: NABI,3RD SERIES,1999
668,372
$277,892.79
00001/ F0438/ FY140/ MTCUN/ S4416
672,813
$277,893.79
00001/ F0438/ FY140/ MTCUN/ S4417
3132
BUS: NABI,3RD SERIES,1999
217
Unit No
Vehicle Description
Mileage
Acquisition Cost
Funding Source
3133
BUS: NABI,3RD SERIES,1999
678,822
$277,894.79
00001/ F0438/ FY140/ MTCUN/ S4418
3134
BUS: NABI,3RD SERIES,1999
646,908
$277,895.79
00001/ F0438/ FY140/ MTCUN/ S4419
3135
BUS: NABI,3RD SERIES,1999
683,232
$277,896.79
00001/ F0438/ FY140/ MTCU N/ S4420
3136
BUS: NABI,3RD SERIES,1999
681,594
$277,897.79
00001/ F0438/ FY140/ MTCUN/ S4421
3139
BUS: NABI,3RD SERIES,1999
611,106
$277,898.79
00001/ F0438/ FY140/ MTCUN/ S4422
3140
BUS: NABI,3RD SERIES,1999
510,824
$277,899.79
00001/ F0438/ FY140/ MTCUN/ S4423
3141
BUS: NABI,3RD SERIES,1999
650,709
$277,900.79
00001/ F0438/ FY140/ MTCUN/ S4424
3142
BUS: NABI,3RD SERIES,1999
597,568
$277,901.79
00001/ F0438/ FY140/ MTCU N/ S4425
3143
BUS: NABI,3RD SERIES,1999
600,775
$277,902.79
00001/ F0438/ FY140/ MTCU N/ S4426
3144
BUS: NABI,3RD SERIES,1999
624,337
$277,903.79
00001/ F0438/ FY140/ MTCU N/ S4427
3145
BUS: NABI,3RD SERIES,1999
622,424
$277,904.79
00001/ F0438/ FY140/ MTCU N/ S4428
3146
BUS: NABI,3RD SERIES,1999
584,003
$277,905.79
00001/ F0438/ FY140/ MTCU N/ S4429
3147
BUS: NABI,3RD SERIES,1999
637,039
$277,906.79
00001/ F0438/ FY140/ MTCUN/ S4430
3149
BUS: NABI,3RD SERIES,1999
582,292
$277,907.79
00001/ F0438/ FY140/ MTCUN/ S4431
3150
BUS: NABI,3RD SERIES,1999
547,973
$277,908.79
00001/ F0438/ FY140/ MTCUN/ S4432
3154
BUS: NABI,3RD SERIES,1999
475,323
$277,909.79
00001/ F0438/ FY140/ MTCUN/ S4433
3155
BUS: NABI,3RD SERIES,1999
522,856
$277,910.79
00001/ F0438/ FY140/ MTCUN/ S4434
3157
BUS: NABI,3RD SERIES,1999
576,122
$277,911.79
00001/ F0438/ FY140/ MTCUN/ S4435
3158
BUS: NABI,3RD SERIES,1999
566,722
$277,912.79
00001/ F0438/ FY140/ MTCUN/ S4436
3159
BUS: NABI,3RD SERIES,1999
540,944
$277,913.79
00001/ F0438/ FY140/ MTCUN/ S4437
3160
BUS: NABI,3RD SERIES,1999
544,031
$277,914.79
00001/ F0438/ FY140/ MTCUN/ S4438
3161
BUS: NABI,3RD SERIES,1999
517,167
$277,915.79
00001/ F0438/ FY140/ MTCUN/ S4439
3162
BUS: NABI,3RD SERIES,1999
487,803
$277,916.79
00001/ F0438/ FY140/ MTCUN/ S4440
3163
BUS: NABI,3RD SERIES,1999
520,814
$277,917.79
00001/ F0438/ FY140/ MTCUN/ S4441
3165
BUS: NABI,3RD SERIES,1999
518,618
$277,918.79
00001/ F0438/ FY140/ MTCUN/ S4442
3166
BUS: NABI,3RD SERIES,1999
487,689
$277,919.79
00001/ F0438/ FY140/ MTCUN/ S4443
5099
BUS: VAN HOOL, 30' HYBRID, 2006
N/A
$616,359.63
District
99850
CAR: FORD, CROWN VIC. 1998
N/A
$22,155.00
District
99950
CAR: FORD, CROWN VIC. 1999
N/A
$22,649.25
District
99951
CAR: FORD CROWN VIC., 1999
N/A
$22,649.25
District
99952
CAR: FORD, CROWN VIC. 1999
N/A
$22,649.25
District
99954
CAR: FORD, CROWN VIC. 1999
N/A
$22,649.25
District
99955
CAR: FORD, CROWN VIC. 1999
N/A
$22,649.25
District
99961
CAR: FORD CROWN VIC. 1999
N/A
$22,649.25
District
99962
CAR: FORD CROWN VIC. 1999
N/A
$24,130.71
District
99963
CAR: 1999, FORD CROWN VIC.
N/A
$24,130.71
District
99964
CAR: FORD CROWN VIC. 1999
N/A
$28,057.32
District
92006
VAN: CHEVY ASTRO (WHITE) 2000
N/A
$17,842.85
District
92051
CAR: FORD, TAURUS, 2000
N/A
$16,170.39
District
92052
CAR: FORD TAURUS, 2000
N/A
$16,170.39
District District/MTC
98925
TRUCK: 1989 CHEV., 3/4 P/U
N/A
$12,114.25
98926
TRUCK: 1989 CHEV., 3/4 P/U
N/A
$12,003.75
District/MTC
99120
TRUCK: 1991 GMC 3/4 TON
N/A
$13,574.43
District/MTC/FX369
99420
TRUCK: 1994 FORD, MINI P/U
N/A
$9,172.37
District
99425
TRUCK: 1994 FORD, MINI P/U
N/A
$9,738.02
District
218
Report No: Meeting Date:
14-029 January 22, 2014
Alameda-Contra Costa Transit District
STAFF REPORT TO:
Finance and Audit Committee AC Transit Board of Directors
FROM:
David J. Armijo, General Manager
SUBJECT:
Disposition of Lost and Unclaimed Property
ACTION ITEM RECOMMENDED ACTION(S}:
Consider adoption of Resolution No. 14-002 approving Board Policy 357 - Disposition of Lost and Unclaimed Property. EXECUTIVE SUMMARY:
California Civil Code sections 2080.1 - 2080.6 state that reasonable efforts shall be made to provide for the recovery of all lost items of personal property that are found on District property to their rightful owners. Adoption of proposed Board Policy 357 will establish a lost and unclaimed property policy pursuant to California Civil Code sections 2080.1-2080.6. The proposed policy states that: 1) There be a designated central repository for lost and unclaimed property. 2) All lost and unclaimed property be stored for at least three (3) months. 3) Any t ime after the expiration of the three (3) month period, all lost and unclaimed property will be sold at a public auction to the highest bidder. 4) Lost and unclaimed property not sold at auction may be given to a non-profit charitable organization, destroyed, or disposed of. 5) Items determined by the District to be needed for use within the District (e.g, for training and educational purposes) may be retained by the District and not sold. BUDGETARY/FISCAL IMPACT:
Budgetary/fiscal impacts associated with the policy include moderate costs for storage and the cost of auction services. A portion of the auction costs will be recouped by the sale of unclaimed property.
BACKGROUND/RATIONALE:
The current District lost and found practice, while responsive to the District' s customers in terms of returning their lost property, has not been codified . Establishment of a policy, specifically with respect to the disposition of unclaimed property, is necessary to comply with California law. 219
Report No. 14-029 Page 2 of 3 California Civil Code section 2080.6 (a) states: "Any public agency may elect to be governed by the provisions of this article with respect to disposition of personal property found or saved on property subject to its jurisdiction, or may adopt reasonable regulations for the care, restitution, sale or destruction of unclaimed property in its possession. Any public agency adopting such regulations shall provide therein (1) that such unclaimed property shall be held by such agency for a period of at least three months, (2) that thereafter such property will be sold at public auction to the highest bidder, and (3) notice of such sale shall be given by the chief administrative office of such agency at least five days before the time fixed therefore by publication once in a newspaper of general circulation published in the county in which such property was found. Any property remaining unsold after being offered at such public auction may be destroyed or otherwise disposed of by the public agency." California Civil Code section 2080.3 (b) also states: "If the reported value of the property is less than two hundred fifty dollars ($250) and no owner appears and proves his or her ownership of the property within 90 days, the title shall vest in the person who found or saved the property, unless the property was found in the course of employment by an employee of any public agency, in which case the property shall be sold at public auction." ADVANTAGES/DISADVANTAGES:
Adoption of the proposed policy will ensure that AC Transit is in compliance with sections 2080.1 - 2080.6 of the California Civil Code prescribing the disposition of lost and unclaimed property. There are no disadvantages to adopting the proposed policy. ALTERNATIVES ANALYSIS:
One alternative to the proposed policy is to continue handling lost and unclaimed property as is, however staff does not recommend this alternative because it is: 1) Not in compliance with California Civil Code sections 2080.1- 2080.6 2) Not consistently established or implemented within the District PRIOR RELEVANT BOARD ACTIONS/POLICIES:
None.
220
Report No. 14-029 Page 3 of 3
ATTACHMENT: 1. Resolution 14-002 with Exhibit A
Department Head Approval:
Tom O'Neill, Chief Technology Officer
Reviewed by:
David A. Wolf, General Counsel Lewis G. Clinton, Chief Financial Officer Victoria Einhaus, Customer Services Manager
Prepared by:
221
This page intentionally blank
222
SR No. 14-029 Attachment 1
ALAMEDA-CONTRA COSTA TRANSIT DISTRICT RESOLUTION NO. 14-002 A RESOLUTION ESTABLISHING A LOST AND UNCLAIMED PROPERTY POLICY PURSUANT TO CALIFORNIA CIVIL CODE SECTIONS 2080.1-2080.6 WHEREAS, California Civil Code Section 2080.6 permits the District to adopt reasonable regulations for the care, restitution, sale or destruction of unclaimed property in its possession; and WHEREAS, reasonable efforts shall be made to provide for the recovery of all lost items of personal property that are found on District property to their rightful owners; NOW THEREFORE, the Board of Directors of the Alameda-Contra Costa Transit District does resolve as follows:
Section 1. Approves Board Policy 357 as set forth in Exhibit A pertaining to the disposition of lost and unclaimed property. Section 2. This resolution shall become effective immediately upon its passage by four affirmative votes oft he Board of Directors. PASSED AND ADOPTED this 22nd day of January, 2014
Greg Harper, President Attest:
Linda A. Nemeroff, District Secretary I, Linda A. Nemeroff, District Secretary for the Alameda-Contra Costa Transit District, do
hereby certify that the foregoing Resolution was passed and adopted at a regular meeting of the Board of Directors held on the 22nd day of January, 2014 by the following roll call vote:
AYES: NOES: ABSENT: ABSTAIN:
Page 1 of2
Resolution No. 14-002 223
SR No. 14-029 Attachment 1
Linda A. Nemeroff, District Secretary
Approved as to Form and Content:
David A. Wolf, General Counsel
Page2of2
Resolution No. 14-002 224
Resolution No. 14-002 Exhibit A
AC Transit BOARD POLICY
Policy No. 357
Category: Financial Matters
DISPOSITION OF LOST AND UNCLAIMED PROPERTY
I.
PURPOSE
To establish an Administrative Regulation to ensure that AC Transit is in compliance with sections 2080.1 - 2080.6 of the California Civil Code prescribing the disposition of lost and unclaimed property. The California Civil Code requires the following: Civil Code section 2080.6 (a) Any public agency may elect to be governed by the provisions of this article with respect to disposition of personal property found or saved on property subject to its jurisdiction, or may adopt reasonable regulations for the care, restitution, sale or destruction of unclaimed property in its possession. Any public agency adopting such regulations shall provide therein (1) that such unclaimed property shall be held by such agency for a period of at least three months, (2) that thereafter such property will be sold at public auction to the highest bidder, and (3) notice of such sale shall be given by the chief administrative office of such agency at least five days before the time fixed therefore by publication once in a newspaper of general circulation in the county in which such property was found. Any property remaining unsold after being offered at such public auction may be destroyed or otherwise disposed of by the public agency. Civil Code section 2080.3 (b) If the reported value of the property is less than two hundred fifty dollars ($250) and no owner appears and proves his or her ownership of the property within 90 days, the title shall vest in the person who found or saved the property, unless the property was found in the course of employment by an employee of any public agency, in which case the property shall be sold at public auction. II. DEFINITIONS "Lost and unclaimed property" shall mean any money, goods, or other personal items or articles brought to the District or found upon or within the property of the District, where the owner of such lost or unclaimed property is unknown; provided, however, that property held as evidence, dangerous weapons or deadly weapons, narcotics or dangerous drugs, explosives or any property of any kind whatsoever, which is prohibited by or described in State or Federal statutes, shall not constitute lost and unclaimed property as herein defined.
Page 1 of 3
Adopted: Amended: 225
Resolution No. 14-002 Exhibit A
"Abandoned property" shall mean any property left behind intentionally and permanently when it appears that the former owner does not intend to come back, pick it up, or use it. "Perishable goods" shall mean anything that will mold, spoil, damage surrounding environment, or attract pests, including liquids. "District representatives" shall mean officers, agents, employees, or Directors of AlamedaContra Costa Transit District.
Ill. CARE AND RESTITUTION The General Manager or his or her designee shall designate a central repository for lost and unclaimed property. All District representatives who find such property shall deliver it to the appropriate District employee in charge, who will tag and log the item and arrange for delivery to the central repository, where the article shall be properly inventoried and stored. All lost and unclaimed property shall be kept by the District using ordinary care to keep such property safely. If an owner appears and the property in question is in the possession of the District, the owner shall produce proof of his or her ownership. The property shall be returned to said owner upon executing a receipt for the property. Property excepted from the definition of lost and unclaimed property in Section II shall be turned over to the law enforcement agency of the jurisdiction in which it is found. Abandoned property and perishable goods as defined in Section II may be destroyed or otherwise disposed of as the General Manager or his or her designee may direct.
IV. PERIOD TO BE HELD All lost and unclaimed property in the possession of the District shall be stored in the central repository for at least three (3) months. V. NOTICE AND SALE
At any time after the expiration of said three (3) month period, the District may dispose of the lost and unclaimed property in accordance with procedures set forth in this section and Section VI. The General Manager or his or her designee shall cause to be published once, in a newspaper of general circulation in the county in which the property was found, a notice of the District's intention to sell at public auction to the highest bidder at the time and place therein specified, all such lost and unclaimed property Such notice of sale shall be published not less than five (5) days prior to the time fixed for the auction. The auction may be conducted by the General Manager or his or her authorized representative; the District may enlist the services of a professional auctioneer to conduct the auction on behalf of the District. Items shall be sold to the highest bidder at public auction. Adopted: Amended:
Page 2 of 3
226
Resolution No. 14-002 Exhibit A
Lost and unclaimed money in the custody of the District that is not claimed within the three (3) month period shall be delivered to the District Treasurer for deposit into the District's general fund. Property determined by the District to be needed for a public use may be retained by the District and need not be sold. VI. EXPENSES AND PROCEDURES OF SALE The expenses of the auction or any other method of disposition authorized in Section VII shall be a proper charge against the funds of the District and all proceeds received from the auction or any other method of disposition of the property under Section VII shall be delivered to the District Treasurer for deposit into the District's general fund. VII. UNSOLD ITEMS Lost and unclaimed property not sold at auction may be given to a non-profit charitable organization, destroyed or disposed of in any lawful manner as the General Manager or his or her designee may direct.
Adopted: Amended:
Page 3 of 3
227
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228
PLANNING COMMITTEE
January 22, 2014 Agenda Item C-1 – C-2
229
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230
Report No: Meeting Date:
14-053 January 22, 2014
Alameda-Contra Costa Transit District
STAFF REPORT TO:
Planning Committee AC Transit Board of Directors
FROM:
David J. Armijo, General Manager
SUBJECT:
Bus Rapid Transit (BRT), Third Party, Operation and Maintenance (O&M) Agreement- State of California Transportation Agency-Caltrans
ACTION ITEM RECOMMENDED ACTION(S): Consider authorizing the General Manager to sign the East Bay Bus Rapid Transit (BRT) Operation and Maintenance (O&M) Agreement with Caltrans in substantially identical form as the attached. EXECUTIVE SUMMARY: AC Transit's BRT program involves engineering, design and construction in the Caltrans right-ofway along State Route 185 (International Boulevard). The program begins on State Route 77 (42nd Avenue) in the City of Oakland, running to State Route 112 (Davis Street) and then east to San Leandro Boulevard in the City of San Leandro. The O&M Agreement specifies the respective BRT facilities operating and maintenance responsibilities, in particular the maintenance functions to be performed by AC Transit and the terms and conditions under which such work will be performed. BUDGETARY/FISCAL IMPACT: The budgetary impacts are discussed in the Operation and Maintenance Agreements with the Cities of Oakland and San Leandro. Caltrans has separate operation and maintenance agreements with respective cities in which Caltrans has delegated the responsibilities of operation and maintenance of the roadways and signals on this route to each City within their City limits. Per these agreements, Caltrans reimburses the cities an amount set forth in each agreement for their said operation and maintenance efforts. However, Caltrans still maintains its ownership of the right of way over the above said corridor.
BACKGROUND/RATIONALE: The purpose of the O&M Agreement is to streamline the operation and maintenance responsibilities between the District and Caltrans for the BRT facilities. An O&M Agreement is the standard method of identifying and assigning responsibilities and payment obligations among public agencies when engaged in collaborative projects or operations that impact them.
231
Report No. 14-053 Page 2 of 3 The subject O&M Agreement specifies that the District will be responsible for operation, maintenance, protection, and repair of the BRT Facilities within Caltrans Right of Way per Streets and Highway Code. The District shall maintain all signage, striping and pavement markings required for the direction and operation of BRT, safety devices, landscape, hardscape, curbs, shelters, benches, and passenger platforms at the BRT stations. The District will also be responsible for 100% electrical energy cost for the lighting and electrical installations at the stations. Caltrans will provide its standard level pavement maintenance within its jurisdictional boundaries along the corridor. On State Route 185 within the City of Oakland, Caltrans delegates certain maintenance functions to the City of Oakland under an Agreement for Maintenance of State Highways in the City of Oakland, executed August 23, 1991. On state Routes 185 and 112 within the City of San Leandro, Caltrans delegates certain maintenance functions to the City of San Leandro, under an Agreement for Maintenance of State Highways in the City of San Leandro executed, March 1, 1995. City and AC Transit staff have met frequently to resolve and address all open issues regarding the O&M Agreement. The project has now reached the 40% percentile of project design. This cooperative working relationship is an essential part of developing the O&M Agreement. ADVANTAGES/DISADVANTAGES:
Advantages: Establishing the O&M Agreement between the District and Caltrans will clearly define the responsibilities of both agencies and avoid any future conflicts over maintenance of the facilities when in operation. It also allows the District to fulfill the Small Starts Grant Agreement (SSGA) requirement due to the Federal Transit Administration (FTA) in February 2014. Disadvantages: None identified. ALTERNATIVES ANALYSIS: The agreement is necessary to complete the SSGA required for the remaining FTA funding. Caltrans also has jurisdiction over 5.4 miles of the BRT corridor. Therefore, there are no alternatives to signing an O&M agreement with Caltrans. PRIOR RELEVANT BOARD ACTIONS/POLICIES: AC Board Resolution 12-018, April 25, 2012 Staff Report 13-005, April10, 2013 Staff Report 13-107, May 8, 2013 Staff Report 13-171, June 12, 2013
232
Report No. 14-053 Page 3 of 3 ATIACHMENTS:
1:
Caltrans Operation and Maintenance Agreement
Department Head Approval: Reviewed
by:
Prepared
by:
Dennis Butler, Chief Planning & Development Office David Wilkins, Director- East Bay Bus Rapid Transit Program David A. Wolf, General Counsel Lewis G. Clinton Jr., Chief Financial Officer Mitra Moheb, Senior Project Manager -EBBRT
233
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234
SR 14-053, Attachment 1 Ala-185-PM 5.73/10.56 Ala-112-PM 1.51/1.78
OPERATIONS AND MAINTENANCE AGREEMENT WITH ALAMEDA-CONTRA COSTA TRANSIT DISTRICT FOR BUS RAPID TRANSIT FACILITIES ON STATE ROUTES 112 and 185
, This Agreement, entered into, and effective on the day of 20__, ("AGREEMENT") is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as "STATE," and the Alameda-Contra Costa Transit District, a public transit district established under the laws of the State of California, referred to herein as "DISTRICT," and together referred to as "PARTIES." A.
RECITALS
I. Under STATE issued Encroachment Permit No. , DISTRICT desires to construct its Bus Rapid Transit ("BRT") project, which includes, but is not limited to, dedicated bus lanes, passenger platforms, ticket vending and validation systems, safety/security systems, public address and passenger information systems, landscaping, signals and lighting, crosswalk treatment and pedestrian warning signals, sidewalk, and signage, all hereinafter referred to as "BRT FACILITIES," on East Fourteenth Street (State Route 185) and Davis Street (State Route 112) within the City of San Leandro (San Leandro) and on International Boulevard (State Route 185) within the City of Oakland (Oakland). 2. On State Route 185 within Oakland, STATE delegates certain maintenance functions to Oakland, under an Agreement for Maintenance of State Highways in the City of Oakland ("DMA-OAK"), executed August 23, 1991. As used herein, DMA-OAK includes its future successor agreements, if any. 3. On State Route 185 within San Leandro, STATE delegates certain maintenance functions to San Leandro, under an Agreement for Maintenance of State Highways in the City of San Leandro ("DMA-SL"), executed March I, 1995. As used herein, DMA-SL includes its future successor agreements, if any. 4. DISTRICT intends to subcontract portions of DISTRICT's BRT FACILITIES maintenance responsibilities to Oakland and San Leandro. Oakland and San Leandro are not parties to this Agreement. 5. STATE will continue to provide sweeping and maintenance of pavement (at STATE standard level of service) on State Routes 112 and 185 within Oakland and San Leandro, including the pavement ofBRT FACILITIES dedicated bus lanes. 6. PARTIES mutually desire to specify the respective BRT FACILITIES operating and maintenance responsibilities of the PARTIES, in particular the maintenance functions to be P.erformed by DISTRICT, and to specify the terms and conditions under which such work will be performed.
235
B.
AGREEMENT
In consideration of the mutual covenants and promises herein contained, it is agreed: I.
DISTRICT shall be responsible, including all costs related thereto, for operation, maintenance, protection, and repair of BRT FACILITIES. Said work at all times shall be conducted to assure safety and convenience of State highway users. Said work and BRT FACILITIES shall be subject to random inspection by STATE as to safety conditions affecting STATE's highway facilities, and DISTRICT shall, upon notice from STATE that an unsafe condition exists, take immediate steps to correct such unsafe conditions. If DISTRICT fails to perform after such notice from STATE, STATE shall immediately take necessary corrective action, and DISTRICT shall be billed and shall pay all reasonable costs for such corrective work performed by STATE. DISTRICT's obligation to pay for the costs of such corrective work shall not apply if the unsafe condition is caused by STATE. Such inspection by STATE, if performed at all, does not relieve DISTRICT of its responsibilities under this Agreement. Should an unsafe condition arise as a result of a catastrophic event, or forces of nature such as a major earthquake, PARTIES shall work together collaboratively to fund and correct such condition as soon as practicable. STATE's obligation following such catastrophic event will be to restore the pavement to an operating condition. However, STATE does not waive any right to claims against DISTRICT if such catastrophic event is caused by DISTRICT or DISTRICT's contractor.
2.
DISTRICT shall maintain the areas designated in Exhibit A, attached to and made a part of this Agreement, and as further described hereinafter in Section D.
3.
Rights granted to DISTRICT under this Agreement are restricted to maintenance and operation ofBRT FACILITIES. Any other use or presence by DISTRICT or DISTRICT's authorized contractors will require that a separate encroachment permit be issued to that party from STATE.
4.
DISTRICT shall not, at any time, use or permit the public to use BRT FACILITIES in any manner that will interfere with or impair the primary use of BRT FACILITIES as a bus transit facility.
5.
STATE reserves its right to use those BRT FACILITIES areas within STATE's right of way for future construction, reconstruction, expansion, modification, or maintenance purposes without restriction or reimbursement to any party should BRT FACILITIES be reconfigured or closed.
6.
An encroachment permit from the STATE will be required for third parties if DISTRICT contracts out the BRT FACILITIES maintenance to a contractor or to another public agency. Said contractor(s) or public agency shall be subject to the same inspections and responsibilities as specified herein for work performed directly by DISTRICT.
7.
DISTRICT shall not erect signs of any kind within BRT FACILITIES, except such signs as may be necessary or appropriate in connection with the operation of the BRT
236
FACILITIES or that are required by law. Such signs shall not be attached to or painted on any STATE freeway structures or facilities except by prior written consent of STATE. 8.
DISTRICT, at DISTRICT's sole expense, will maintain any additions or modifications to drainage inlets, such as, but not limited to, drainage inlet debris filters.
9.
As conditions determined by STATE warrant, it will continue to be the responsibility of STATE to rehabilitate or reconstruct the entire pavement, including the BRT FACILITIES dedicated bus lane pavement, consistent with STATE standards and subject to funding availability. STATE will provide reasonable advance notice of such construction activity and will coordinate with DISTRICT to minimize adverse impacts to DISTRICT's BRT operations.
C.
MAINTENANCE DEFINED
Maintenance is defined in Section 27 of the Streets and Highways Code: Sec. 27 (a) The preservation and keeping of rights-of-way, and each type of roadway, structure, safety convenience or device, planting, illumination equipment, and other facility, in the safe and usable condition to which it has been improved or constructed, but does not include reconstruction or other improvement. (b) Operation ofspecial safety conveniences and devices, and illuminating equipment.
(c) The special or emergency maintenance or repair necessitated by accidents or by storms or other weather conditions, slides, settlements, or other unusual or unexpected damage to a roadway, structure, or facility.
D.
MAINTENANCE FUNCTIONS
The BRT FACILITIES maintenance functions to be performed by DISTRICT, which are at DISTRICT's sole expense unless otherwise specified, are as follows: I.
PAVEMENT MAINTENANCE AND STREET SWEEPING (a) State Routes 112 and 185 STATE will not maintain nor pay for the maintenance ofBRT station concrete bus pads, BRT pavement markings, and any BRT pavement surface painting or pigmentation, which will be at DISTRICT's sole expense. DISTRICT may contract separately with STATE or, notwithstanding article B(6) hereinabove, a third party contractor should DISTRICT desire pavement maintenance beyond the STATE standard level of service.
237
(b) State Route 185 within Oakland DISTRICT shall enter into and maintain in force a separate agreement with Oakland for Oakland to maintain BRT FACILITIES pavement, including street sweeping, on State Route 185 for the term of this Agreement. DISTRICT shall reimburse Oakland for its documented additional maintenance cost, if any, attributable to BRT FACILITIES pavement maintenance and street sweeping in excess of the authorized expenditures in DMA -OAK for pavement maintenance and street sweeping of State Route 185.
(c) State Routes 112 and 185 within San Leandro DISTRICT shall enter into and maintain in force a separate agreement with San Leandro for San Leandro to provide street sweeping ofBRT FACILITIES pavement on State Routes 112 and 185 for the term of this Agreement. DISTRICT shall reimburse San Leandro for its documented additional maintenance cost, if any, attributable to BRT FACILITIES street sweeping in excess of the authorized expenditures in DMA-SL for street sweeping of State Routes 112 and 185. 2.
SIGNS DISTRICT shall be responsible for the maintenance and the installation of signage necessary for the direction and operation of BRT FACILITIES.
3.
STRIPING DISTRICT shall maintain all striping and pavement markings required for the direction and operation ofBRT FACILITIES traffic.
4.
LIGHTING DISTRICT shall be responsible for maintenance and operations, including electrical energy costs, ofBRT FACILITIES lighting (ordinary street lighting) and related electrical installations. STATE will not pay for the maintenance, installation, repair, servicing, nor power for ordinary street lighting; however, lighting at intersections, which qualify as safety lighting under warrants approved/accepted by STATE, will be paid for on a pro rata basis when approved and specifically authorized by STATE.
5.
SAFETY DEVICES DISTRICT shall be responsible for the maintenance, repair, replacement, and cleaning of safety devices, including gates, bollards, fences, railing, guardrails, and markers.
238
6.
LANDSCAPING AND HARDSCAPING DISTRICT shall be responsible for maintaining all landscaping, hardscaping (which includes, but is not limited to, wood, concrete, brick, or stone median paving or planter boxes), curbs, and irrigation at BRT stations as well as any new median landscaping installed as part of DISTRICT's BRT project.
7.
PASSENGER PLATFORMS DISTRICT shall be responsible for maintenance of shelters, benches, passenger platforms, and their appurtenances and shall provide graffiti removal and garbage collection services. DISTRICT shall also maintain electrical connections to shelters for the purposes of providing lighting and/or transit information displays. Advertising displays, if any, are subject to federal and state laws and regulations.
9.
CROSSWALKS AND IN-ROAD WARNING LIGHTS DISTRICT shall be responsible for maintenance of any decorative or patterned crosswalks established as part of DISTRICT's BRT Project. DISTRICT shall also maintain crosswalks, including any in-road warning lights, at non-signalized intersections.
10.
TRAFFIC SIGNAL SYSTEMS DISTRICT, at DISTRICT's expense, shall be responsible for maintenance of transit vehicle preemption devices installed as part of traffic signal systems.
E.
LEGAL RESPONSIBILITIES:
I.
Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not party to this Agreement or affect the legal liability of any party to the Agreement by imposing any standard of care with respect to the maintenance of State highways different from the standard of care imposed by law.
2.
Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by DISTRICT under or in connection with any work, authority or jurisdiction allocated to DISTRICT under this Agreement. It is understood and agreed that, DISTRICT will fully defend, indemnify, and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tort, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by DISTRICT under this Agreement.
239
3.
Neither DISTRICT nor any officer, director, employee, or consultant thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction allocated to STATE under this Agreement. It is understood and agreed that, STATE will fully defend, indemnify, and save harmless DISTRICT, and respective officers, directors and employees thereof, from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tort, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement.
4.
Labor Code Compliance: Prevailing Wages If the work performed on this Project is done under contract and falls within the Labor Code Section 1720(a)(l) definition of a "public work" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code 1771, DISTRICT must conform to the provisions of Labor Code Sections 1720 through 1815, all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-7. DISTRICT agrees to include prevailing wage requirements in its contracts for public work. Work performed by DISTRICT's own forces is exempt from the Labor Code's Prevailing Wage requirements.
5.
Prevailing Wage Requirements in Subcontracts DISTRICT shall require its contractors to include prevailing wage requirements in all subcontracts funded by this Agreement when the work to be performed by the subcontractor is a "public work" as defined in Labor Code Section 1720(a)(1) and Labor Code Section 1771. Subcontracts shall include all Prevailing Wage requirements set forth in DISTRICT's contracts.
6.
Insurance DISTRICT and its contractors shall maintain in force, during the term of this Agreement, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming the STATE, its officers, agents and employees as the additional insured. in an amount of $1 million per occurrence and $2 million in aggregate. Coverage shall be evidenced by a certificate of insurance in a form satisfactory to STATE that shall be delivered to STATE with a signed copy of this Agreement.
F.
EFFECTIVE DATE AND RIGHT TO TERMINATE
This Agreement shall be effective upon the date appearing on its face and shall remain in full force and effect until amended or terminated at any time upon mutual consent of the PARTIES or until terminated by STATE for cause. Upon termination of this Agreement, DISTRICT shall, at DISTRICT's expense and to the extent practicable, return BRT FACILITIES to a condition substantially equivalent to the condition existing prior to the execution of this Agreement, or to a condition acceptable to STATE.
240
The PARTIES are empowered by Streets and Highways Code sections 114 and 130 to enter into this Agreement and have delegated to the undersigned the authority to execute this Agreement on behalf of the respective agencies and PARTIES covenant to have followed all the necessary legal requirements to validly execute this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ALAMEDA-CONTRA COSTA TRANSIT DISTRICT
STATE OF CALIFORNIA Department of Transportation
By:
MALCOLM DOUGHERTY Director of Transportation
DA~V=ID~J~.~A~RM~I~JO~---------
General Manager ATTEST:
By: _ _ _ _ _ _ _ _ _ __ Cle""'rk
By: _ _ _ _ _ _ _ _ _ __ NADER ESHGHIPOUR Deputy District Director Maintenance
Approved as to form and content:
As to form and procedure:
By: _ _ _ _ _ _ _ _ _ __ DAVID A. WOLF General Counsel
By:_ _,--,---.,....,-=--c----cc-=-=-=-::::-cAttorney for STATE OF CALIFORNIA Department of Transportation
241
INDEX Of PLANS
G01 G02 AM1 TO AM20
LOCAnON AND lo10NIT'r' MAP KEY WAP AGREEMENT FOR MAINTENANCE EXHIBITS
VICINI TY MAP IN ALAMEDA COUNTY ON ROUTE 85 FROM SR77 / 42nd AVENU E IN OAKLAND TO ROUTE 112/0AVIS STREET IN SAN LEANDRO ON ROUTE 112 FROM SR185/EAST 14TH STREET TO SAN LEANDRO BOULEVARD IN SAN LEANDRO ON ROUTE 77/ 42ND AVENUE AT SR 185 IN OAKLAND LJmlta of All nment on 8R18ll
LOCATION MAP BERKELEY Ashby Ave. / Telegraph Ava.
lnt..rsectlon SR13 PM 11.61
SR112 PM 1.807 I
i
i
DOSL (DOWTOWN OAKLAND TO SAN LUNDRO) ADOPTED PROJECT FOR APPROVAL
LPA(LOCALLY PREFERRED ALTeRNATIVE)
~·~ •;Ctr> ALAMEDA CONTRA COSTA TRAHSrT DISTRICT EAST BAY BUS RAPID TRANSIT
EAST BAY BAT· CONCEPT DESIGN
~ ~PARSONS
242
AGREEMENT FOR MAINTENANCE EXHI BIT EXHIBIT A LOCATION AND VICINITY MAP
GQ..1
city
i
City
San
of
Leandro
of
Oakland
l
~:}-+---+---------------------~ ., ...
•.
~·~ ((
ALAMEDA CONTRA COSTA TRANSIT DISTRICT EAST BAY BUS RAPID TRANSIT
12!10'
o·
1250·
socxr
EAST BAY BAT · CONCEPT DESIGN
~ ~PARSONS
243
AGREEMENT FOR MAINTENANCE EXHIBIT EXHIBIT A KEY MAP
Go-2
,.
EJ
...
i
II '
i ,.. i
II'
i
,,.
I ..... I
I ,.. I •. I
II'
INTERNATIONAL BLVD (SR 185) EXISTING
I ,.
12'
I
II'
,. I •. I ,.. I
INTERNATIONAL BLVD (SR 185) 42NO AVE TO 50TH AVE
,.. I
1Y
I ••. I ,. I , . I
II '
,. I ,..
1,·1
INTERNATIONAL BLVD (SR 185) AT HIGH STREET STATION
- - - - UGEND- - - - - - - , 1
BAT LANE MAINTENANCE RESPONSIBILilY:
---
SIGN ING 4< STRIPING BY DISTRICT (.C 1'RAN'5IT) PAVE"ENT BY CALTRANS BUS STAilON: ""'NTENANCE RESPONSIBILITY BY DISTRICT {AC TRANSIT) • •
8VS PAO: MAINTtNANCE RE:SPONS!BiUTY
~
I
BY DISTRICT (AC TRANSIT)
~ MAINTENANCE Of LANDSCAPED AREAS: ~ • BY DISTRICT (AC TRANSIT), NEAR STA110NS • I
1
J
BY CITY OF OAKLA..O, ELSEW>t:RE
I
L:= __ __ _______ _ ___ [
I
SIGNALIZED IN'T!:RSECnON
:
__j
NOTES: 1) BRT STRIPING AND SPECIAL BRT ROADWAY TREATMENTS INCLUOINC, 8VT NOT Llt.tiTED TO, BlJS PADS,
DECEU:RA110N PADS AND BRT SICNACE WILL BE MAIN'TI>JN(D BY THE DISTRICT (AC 11RANSIT). 2) ENHANCED PEDESTRIAN CROSSINGS >AAY INCLUDE FtAlURES INCLUDING. BUT NOT UMI TEO TO,
50'
"IN-ROAO" WARNING UCHTS, T(lCTURIZEO PAVEMENT, A~D F'EOESTRtAN I'VSH BUTTONS, AN D WILL BE
~).~ (!-~) AlAMEDA CONTRA COSTA TRAHSlT OtSTRICT EAST BAV BUS RAPID TRAHSff
0'
~---
OCT!:R>AINED DURING THE nNAL DESIGN PHASE.
.
50'
100'
I
EAST BAY BUS RAPID TRANSIT PROJECT
~ ~PARSONS
244
AGREEMENT FOR MAINTENANCE EXHIBIT EXHIBIT A SHEET 1 DF 20
AM· I
,. ,.
\4'
,•.
,.
I ""'"' I
I ,.. I •. I
INTERNATIONAl. 6LVO (SR 185) EXISTING
11'
I
11·
I
,.
I
.,,..
11 ·
=
I ,. I •. I ,.. I
Bin lNI( lfllt.Vfi.UHE
INTERNATIONAl. 6LVO (SR 185) 42NO AVE TO 50ni AVE
INTERNATIONAl. 6LVO (SR 185) AT 48TH AVE STATION
BUS PAD. MAINTENANCE RESPONSl81UTY 8Y DISTRICT (AC TRANSIT)
~ ~
MAINTENANCE OF" LANDSCAPED AREAS: • BY DISTRICT (AC TR.\NSIT] , NEAR STATK>NS • BY CITY OF" OAKLAND. ELSEWHERE
NOTfs: I ) BRT STR P INC ANO SPECIAL BRT ROADWAY TREATME,TS INCLUDING, BUT NOT UMITED TO, OECELERAnON PADS AND BRT SIGNAGE Wlll BE II.!AlNTAlNED BY THE DISTRICT (AC TRANSIT). 2) ENHANCED PEDESTRIAN CROSSINGS MAY INCLUDE FEATURES INCLUDING, BUT NOT UMITED TO , " IN- ROAD" WARNJNC UCHTS, TEXTURI ZED PAVE"ENT, ANO PEDESTRIAN PUSH BUITONS, ANO WILL BE
50'
0'
~---
DETERMI~~ OU~~E_!l~~E.:._.-
50'
100'
I
CRAPHC SCALE
~~·~ .:=~> ALAMEDA CONTRA COSTA TRANSIT DISTRICT EAST BAY BUS RAPID TllANSrT
EAST BAY BUS RAPID TRANSIT PROJECT
~ ~PARSCNS
245
AGREEMENT FOR MAINTENANCE EXHIBIT EXHIBIT A SHEET 2 OF 20
AM-2
•
•
~J~a~a~-~M~-~8~@~~M~@~]~~~~~~J~~~-~~Ei~·~mm~-, ,~~~-, ~~~-~~~a~l~c~~ ~~~~~~~~~~~l
l---"""''----l- -----""'--'- -_J._-'-'"-·-J---''-"-.--...J.._..!."'--'--1----"'oL·-- _J._""'""""'"WII TPJNEL lANt: TURNINt;
~f
lRAvtl lANE.
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INTERNATIONAL BLVD (SR 185) EXISTING
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I
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ALAMEDA CONTRA COSTA TRANSIT DISTRICT EAST BAY BUS RAPID TRANSIT
I o· I , ..
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lANE
INTERNATIONAL BLVD (SR 185) 50TH AVE TO 54TH AVE AT INTERSECTION
~~~ ((jfil!'>
,,.
TRAVU.
INTERNATIONAL BLVD (SA 185) AT 54TH AVE STATION
EAST BAY BUS RAPID TRANSIT PROJECT
~
~PARSONS
246
AGREEMENT FOR MAINTENANCE EXHIBIT EXHIBIT A SHEET 3 OF20
AM.J
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lSi! !Sa,.
I '!A!!!!$ I
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c:=J~.. It•· I I11~111 ~11I t ~L~ ,. I I •· I ~
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INTERNATIONAL BLVD (SR 185) EXISTING
,.
12"
~ 12"
~
1·~1
INTERNATIONAL BLVD (SR 185) 54TH AVE TO 72ND AVE
INTERNATIONAL BLVD (SR 185) AT 58TH AVE STATION
1
~
BR"T LANE MAINTENANCE RESPONSIBILI!Y: • SIGNING k STRIPING Bl' DISTRICT (AC TRANSIT) : PAVEMENT BY CALTRANS
tli\\'&m • ~ BUS ~ BY
I
STAT"ION: MAINTENANCI": RESPONSIBILITY
DISTRICT (AC TRANSIT)
BUS PNJ: MAINl!NANCE RESPONSIBlLI!Y BY DISTRICT (AC TRANSIT)
~ MAINTENANCE: Of l.ANOSCAPE:O AREAS: ~ • Bl' DISTRICT (AC TRANSIT). NEAR STATIONS • BY CITY OF OAJ
I
I
J L= ______ _____ __ __ _ _ j I
I
I
[
SIC""-IZED INTERSECTION
:
NOTES: 1) BRT STRIPING AND SPECIAL BRT ROADWAY TREATMENTS INCLUDING. BUT NOT Llt.4 1TEO TO. BUS PADS, DECELERATION PN>S AND BRT SICNAGE WILL & IMINTAINED BY THE DISTIRICT (AC TRANSIT). 2) ENHANCED PEDESTRIAN CROSSINGS MAY INO..UDE FEA""URES INCLUDING. BUT NOT U'"TED TO, "IN-ROAD" WARNING UGHTS, TEX1\JR1ZEO PAVEMENT, AND PEOESTR1AN PUSH BUTTONS, AND WILL & OETER...INEO CURING THE Fl""- DESIGN PHASE.
~~~ fill!'• ALAMEDA CONTRA COSTA TRANSIT DISTRICT
100"
I EAST BAY BUS RAPID T RANSIT PROJECT
~ ~PAASCNS
EAST BAY BUS RAPID TRAHSJT
247
AGREEMENT FOR MAINTENANCE EXHIBIT EXHIBIT A SHEET 4 CF20
AM-4
1...... 1 .. I ,.
,.
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n·
r=J@t 8"ii".i3" ..
I "''"i I
,. I I •· I
, . I ,. I
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t
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I ....... I
,. ~ ~
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...
i3 i3
I' , . I ,. I .. I , . I ,. I ·•· I MILN£
INTERNATIONAL EILVO (SR 185) EXISTING
INTERNATIONAL EILVD (SR 185) 54TH AVE TO 72ND AVE
IIRriNit
INTERNATIONAL EILVD (SR 185) 62ND AVE AT SIGNALIZED INTERSECTION
....
II
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BRT LANE MAIN'TENANCE RESPONSIBIUTY: • SIGNING & STRIPING BY DISTRICT (AC TAANSIT) I1
~ a~s ;;:;~~~~~N:ESPONgs•uTY
I
~ BY OISTRICT (AC T'RANSIT)
I
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SUS PAC: UAINTENANCE RESPONSBU TY
BY OISTRICT (AC T'RANSIT)
~ WAJNTENANCE
t::f2:'j • 1 1 I
I
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[ _ -~
1
•
or
LANDSCAPED AREAS:
6Y DISTRICT (AC TRANSIT), rv.R STATlONS 6Y CITY or OOJ
NOTES: 1) BRT STRPINC AND SPECIAL BRT RON:!NAY TR€A1M
1
so·
SICNAUZED INTERSECTION
~~~ fiJi~> ALAMEDA CONTRA COSTA TRANSIT DISTRICT
EAST BAY BUS RAPID TRANSIT
o·
:;o·
~~--
I
EAST BAY BUS RAPID TRANSIT PROJECT
~ ~PARSONS
··~
248
AGREEMENT FOR MAINTENANCE EXHIBIT EXHIBIT A
SHEET 5 CF20
100'
I
5)1 I •. I,......
i
It
I
I -.I • I srow.r.l
II([
""""""' ...... INTERNATIONAL BLVD (SR 185) EXISTING
INTERNATIONAL BLVD (SR 185) 54TH AVE TO 72NO AVE
!1'
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...
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BRTSWlON
BRfiNI(
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tL=
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INTERNATIONAL BLVD (SR 185) AT 66TH AVE STATION
~!
I I
BRT LANE MAINTENANCE RESPONSSn.JTY: t .., • SICNINC & STRANG BY DISTRICT (AC TRANSIT) I ~ • PAVEMENT BY CAlTRANS I
eus STATION: MAINTENANcE REsPONSBUTY
BT' DISlRICl (AC TRANSIT)
· ~
I
I
SUS PAO. MAINTENANCE R£SPONSIBIUTY BY DISlRICT (AC TRANSIT)
~ WJNTt:NANCE OF LANDSCAPED AREAS·
~
• •
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I
[
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BY DISTRICT (AC TRANSIT), NEAR . STATIONS BY CITY OF OAXLAND. ELSEWHERE I
SIC>W.IZED INTt:RSECTION
~
L= _______ ________ _ _ j
NOTES: 1) 8Rl STR1PINC AND SPECIAL 8RT F!O'.DWAY TREATNEN'TS INClUDING. BUT NOT UIAITEO TO. SUS PAOS. DECElERATION PADS AND BRT SIGNAGE WLL BE MAIN"AINfl) BT' THE DISTR1CT (AC TRANSIT). 2) ENHANCED PEDESTRIAN CROSSI
Jl·~ t&W~> Al.AIAEOA CONTRA COSTA TRANSIT DISTRICT EAST BAY BUS RAPID TRANSIT
so·
i o·
~
50'
100'
I
EAST BAY BUS RAPID TRANSIT PROJECT
~ ~PARSQNS
249
AGREEMENT FOR MAINTENANCE EXHIBIT EXHIBIT A SHEET 6 OF 20
AM-6
=J~
l v"""-'S I
~
72'
~
~
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72'
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INTERNATIONAL BLVD (SR 185) EXISTING
It
INTERNATIONAL B LVD (SR 185) 54TH AVE TO 72ND AVE
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t
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TR.\V[l lANE
B"' ,..
SI0€0WJI/ L.OOS
INTERNATIONAL BLVD (SR 185) AT 72ND AVE STATION
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BRT LANE t.tAINTENMICE RESPONS\8 \UTY: ' • SIGNING & SlRIPINC 6'r' DISTRICT (AC TRANS IT") I . 1 PAVEMENT BY CALTRANS
I
~ 8U$ STATION: MAJNT(NANCE R€SPONSIBIUTY ~ BY DISTRICT ( AC TRANSIT)
:
-
BUS PAD: t.lAINTENANCE RESPONS I8 1U lY
r··.,;~!":.Z',:J
UAJNTENANCE OF LANDSCAPED AREAS:
I 1 1
BY DISTRa ( AC TRANSIT)
::~·:{":". :-1·:_~ •
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BY DISTRICT (AC TRANSIT), Nf:AR STATIONS BY CITY OF OAKLAN D. ELSEWHERE
SIC NALJZ EO INTERSECT ION
Il__ [_ _ _________________
NOTES : 1 1) BRT STRIPING AND SPECIAL BRT RO/>DWAY TREATMENTS INCLUDING. BUT NOT LIMITED TO, BUS PADS, 1 DECELERATION PADS AND BRT $IGNACE 1\lLL BE ...,NTAINEO BY TIHE DISTRICT {AC TRANSIT). 2 ) ENHANCED PEDESTRIAN CROSSNGS MAY INCLUDE fEATIURES INCLUDING, BUT NOT LIMITED TO, 1 "" "IN-ROAO" WARNINC UCH'TS, TOOURIZEO PAVEMENT. •NO PEOESTRW' PUSH BUTTONS, AND WILL BE ____J - DETERMINED DU~NC TIHE FINAL OESICN PHASE.
~k~ •@.i~> ALAMEDA CONTRA COSTA TRANSIT DISTRICT EAST BAY BUS RAPID TRANSrT
""ll>iliiallll.,;;.f GRAPHIC SCAlE
EAST BAY BUS RAPID TRANSIT PROJECT
~ ~PARSONS
250
AGREEMENT FOR MAINTENANCE EXHIBIT EXHIBIT A SHEET 7 <:1'20
AM-7
I ~.....
~
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I
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1
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1 1 1
~ ~
BRT LANE MANTENANCE RESPONSlBIUTY'
~.~~~~A' ~·~~~
BUS STATION: MAINT(NANCE RESPONSIBIUTY ~ BV ()STRICT (AC "TRANSIT) BUS PAO: \4AINTENANCE RESPONSI8JUTY BV DISTRICT (AC TRANSIT)
E--;~':;-~ "-<~NTENANCE or ~ ..t:'.f-
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INTERNATIONAL BLVD (SR 185) AT 77TH AVE STATION
t
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10"
•1DW1<1
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L
DISTRICT (AC TRANSIT) : .
~ -
INTERNATIONAL BLVD (SR 185) 74TH AVE TO BOTH AVE
...
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LANDSCAPED ARU>S' BY DISTRICT (AC TRANSIT). N(AA STATIONS BV CITY or o.KLAND. ELSEWHERE
SIC AUZ liON N ED INT£RS(C
----= ----=- --- ___
I
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1
NOTES·
-
1 I) BRT STRPINC AND SPEOAI. BRT RON!NAY TREAlMENTS INCLUDING. BUT NOT W.tiTEO TO. BUS PADS. 1 DECELERATION PADS AND 8RT SICNACE WilL BE UA!NT>.NEO 8Y T>£ DISTRICT (.OC TRANSIT). I
-...=. _ _ j
2) ENHANCED PEO£STRIAN
C~OSSJNCS ~Y INCLUDE f(ATUR£S INCLUDING, BUT NOT LloUTEO TO,
100"
I
..,-ROAD• WARNING UGHTS. TEXTURIZED PAV(WENT. ANJ PEDESTRIAN PUSH BUTTONS. ANO WilL BE
j OETERMINE~DURI~ ~ ~~L DEJIC~~--
_
__
GIW'!IIC SCALE
EAST BAY BUS RAPID TRANSIT PROJECT
~ ~PARSaNS
251
AGREEMENT FOR MAINTENANCE EXHIBIT EXHIBIT A SHEET e a' 20
AM-8
c=J~ I
I
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~ 20'
PAAKII'CfTAA\£1..
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INTERNA TIONAL BLVD (SR 18 5) EXISTING
8 1'
INTERNATIONAL BLVD (SR 185) B2ND AVE AT STATION
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TRAVEl
lJrNOSCAPE
LAN£
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PARKING OOEWAU
LANE
INTERNATIONAL BLVD (SR 185) 83RD AVE TO BSTii AVE
• ••
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BRT LANE MAINTENANCE RESPONSIBIL/l'Y:
--
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BRT lJN(
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1 SIGNING & STRIPING ElY DISTRICT {AC T'RANSJ:T} PAVEMENT BY CALTRANS I
~ BUS STATION: '-IAJNTENANCE RESPONSIBILITY ~ BY DISTRICT (AC TRANSIT) BUS PAD: MAINTENANCE RESPONSIBilJT"'r'
-
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BY DISTRICT (AC TRANSIT) MAINTENANCE OF LANDSCAPED AREAS: BY DtSTRICT (AC TRANSIT}, NEAR STA110NS
• •
BY CITY 0' OAKlAND. ElSEWHERE
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~~~~ ({ij!'> Al.AMEDA CONTRA COSTA TRANSIT DISTRICT EAST BAY BUS RAI'IO TRANSIT
so·
100'
I
EAST BAY BUS RAPID TRANSIT PROJECT
~ ~PAASGNS
252
AGREEMENT FOR MAINTENANCE EXHIBIT EXHIBIT A SH EET 9 OF 20
AM-9
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INTERNATIONAL BLVD (SR 185) 85TH AVE TO 9S1li AVE
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PAVEMENT BY CALTRANS
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BUS STATION: .....NTENANCE ll£SPONSiBILITY OCSTRtCT (AC TRANSIT)
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8US PI>[). MAINTENANCE RESPONSIBIUIY BY OCSTRtCT (AC TRANSIT) MAINT(NAACE Of' LANDSCAPED AREAS: BY OISTRtCT (A.C TRANSIT), NEAR STATIONS • BV OIY OF OAKLAND, ELSEWHERE
::~'.[~'~ -;· ..
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.. ~k~ ea~> AU.MEOA CONTRA COSTA TRANSIT ~STRICT EAST BAV SUS RAPIO TRANSIT
0'
;.;-..-
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50'
100'
I
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EAST BAY BUS RAPID TRANSIT PROJECT
~
AGREEMENT FOR MAINTENANCE EXHIBIT
~PARSONS
253
EXHIBIT A SHEET 10 a' 20
AM-10
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or
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INTERNAllONAL BLVD (SR 185) EXISTING
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INTERNAllONAL BLVD (SR 185) 85TH AVE TO 95TM AVE
I TO 14
1 I
1 4'
I •. I
14 '
I
10'
I ,. I •. I
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AI.AMEOA CONTRA COSTA TRANSIT DISTRICT EAST BAY BUS RAPID TRANSIT
~
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INTERNAllONAL BLVD (SR 185) 92ND AVE AT SIGNALIZED INTERSECllON
NOTES. 1) BRT STRANG ANO SP(ClAL llRT RO/CNAY TREATMENTS INQ.UOING, BUT NOT U1o1TEO TO, BUS PADS, DECELERATION PADS AND llRT SICNAC ( WlU. BE ~AINTAtiEO BY THE DISTRIC'T (AC TRANSIT). 2) ENHANCW PEDESTRIAN CROSSINGS MAY INCWDE fEATUlES INCWDtiC, BUT NOT W"ITED TO, "IN-ROAD" WARNING UGHTS, TEXT~ZEO PAVE~ENT, A'
Jk~· r:zm~>
I
100'
I EAST BAY BUS RAPID TRANSIT PROJECT
~ ~PARSONS
254
AGREEMENT FOR MAINTENANCE EXHIBIT EXHIBIT A SHEET 11 a' 20
AM·11
=J~ I
78'
~
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TRA'I(L WIE
I
LANE
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TRAVIJ. l»'E
82'
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INTERNATIONAl. BLVD (SA 185) EXISTING
INTERNATIONAl. BLVD (SR 185) 95Tl-l AVE TO 9811-1 AVE
INTERNATIONAl. BLVD (SA 185) AT 94TH AVE STATION
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BUS PAD: MAJNTENANCE RESPONSIBILITY BY DISTRICT (AC TRANSIT)
MAINTENANCE OF LANDSCAPED AREAS: 1 I
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SICNALIZ£0 INTERSECn ON
1
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4 .• .......,. NOTES: I) BRT STRIPING AND SPECIAL BRT RQA[)WAY TREATMENTS INCLUDING, BUT NOT Lllrd/TEO TO, BUS PADS,
DECELERATION PADS AND BRT SIGN'.GE WlLL B E MANTAJNED BY THE DISTRICT (AC TRANSIT). 2) ENHANCED PEDESTRIAN CROSSINGS MAY INCLUDE FEATURES INCLUDING. BUT NOT UMITED TO,
l___ _ _ _ __ __ _ __ _ _______ _ _ j- ~hE~~~~O~~l~g ~~~~N,..rc~~~~5~0 p~~ENT,
~~ -f) ALAMEDA CONTRA COSTA TRANSIT DISllUCT
EAST BAY BUS RAPID TRANSIT
100'
I
AND PEDESTRIAN PUSH BUTIONS. AND WILL BE
GAAPHIC SCALE
EAST
~ lDPAASCJNS
255
RA PID TRANSIT PROJECT
AGREEMENT FOR MAINTENANCE EXHIBIT EXHIBIT A
SHEET 12 OF 20
.,.
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INTEANAnONAL BLVD (SA 185) EXISTING
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INTERNAnONAL B LVD (SA 185) 98TH AVE TO BRISTOL BLVD
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50'
0'
""""--~11FT- #i&fll~• ALAMEDA CONTRA COSTA TRANSIT DISTRICT EAST BAY BUS RAPID TRANSrr
EAST BAY B US RAPID TRANSIT PROJECT
~ ~PARSONS
256
AGREEMENT FOR MAINTENANCE EXHIBIT EXHIBIT A SHEET 13 OF 20
50'
100'
I
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INTERNATIONAL B LVD (SR 185) 98TH AVE TO BRISTOL BLVD
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PAAKING S!DEW~ SOEW~ PARKIN::: LANE WIIJSC.IPE LANOSCII'£ LME
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INTERNATIONAL BLVD (SR 185) AT 104TH AVE STATION
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BUS STATTON: UAINT(NANC[ RESPONSI61UTY
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BY DISTRICT (AC TRANSIT) BUS PAO: MAINTENANC E RE:SPONSIBIUTY
BY DISTRICT (AC TRANSIT)
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•
BY CITY
or
OAKlAND, ELSEWHERE
SIGNAUZEO INTERSECTION
~~ .,-ftJ>==-~ - ~ ~
_ _ ___ - ~--- _
l:!
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1
~~·~ t:i#!'> ALAMEDA CONTRA COSTA TRANSIT DISTRICT EAST BAY BUS RAPID TRANSIT
EAST BAY BUS RAPID TRANSIT PROJECT
~ ~PARSONS
257
AGREEMENT FOR MAINTENANCE EXHIBIT EXHIBIT A SHEET 14 0' 20
AM· t4
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EAST 14ll-l SffiEET (SR 185) B RISTOL B LVD TO SUNNYSIDE DRIVE
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EAST 14ll-l SffiEET (SR 185) AT DURANT AVE STATION
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SIGNING II< STRIPlNG BY OISTRlCT (AC TRANSrT) I 1 PAVEMEN f BY CALTRANS
BUS STATION: MAINTENANCE RESPONSI8lU1Y BY DISTRICT (AC TRANSIT) BUS PAC: MAINTENANCE RESPONSIBIUN
BY DISTRICT (AC TRANS rT)
~ MAJNTENANCE OF IANOSCAPEO AREAS' ~ • • I 1
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BY DISTRICT (AC TllANSIT), NEAR STATIONS BY CrTY Of SAN LEANDRO ELSEWHERE
I
SIGNALIZED INTERSECTION
L= __ ____ __ _______ [
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NOTES' 1) BRT STRIPING AND SPECW.. BRT RfJ!.DWAY TREATt.1ENTS INCLUOINC, 6UT NOT UMITEO TO, BUS PADS, OECELERAnON PADS AND BRT SICNACE WILl BE MAJNTA!NEO BY THE DISTRICT (AC TRANSIT). 2) ENHANCED PEDESTRIAN CROSSINGS •AY INCLUDE FOATURES INCLUDI NG, BUT NOT ll~rTEO TO, "IN- ROAD" WARNING UCHTS, TEXTVRIZEO PAVEMENT, ANO PEDESTRIAN PUSH BUTIONS, ANO WILL BE
50'
OETERM INEC DURING lHE FINAL OESICN PHASE:.
~k~ tJtif?,.> AlAMEDA CONTRA COSTA TRANSrr DISTRICT EAST BAY BUS RAPID TRANSfl
0'
~--
:;c·
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100'
I
EAST 6AY 6US RAPID TRANSIT PROJECT
~ ~PARSGNS
258
AGREEMENT FOR MAINTENANCE EXHIBIT EXHIBIT A SHEET 15 OF 20
AM-15
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so·
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EAST BAY BUS RAPID TRANSIT PROJECT
~ ~PARSONS
259
AGREEMENT FOR MAINTENANCE EXHIBIT EXHIBIT A SHEET 16 OF 20
~·
100'
I
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~ IMINTE-CE OF LNOSCAPED AREAS: ~ • • I
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BY DISTRICT (AC TRANSIT). NEAR STATIONS BY CITY OF SAN lEANDRO. ElS£WHERE
NOTES: I
SQIW.IZEO NT(RS£CTION
:
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1) BRT S"IRIPING MO SPECIAL BRT RONJWAY HEATMENTS INCLUDING, BUT NOT LIMITED TO, BUS PI'DS, DECEL£RATION PAOS A>O BRT SICNACE WILL 8£ MAINTAINED BY THE DISTRICT (AC TRANSIT).
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2) ENHANCED PEDESTRIAN CROSSINGS MAY I"'C.IJOE FEATURES INCLOOING, BUT NOT UMITED TO, 1N-~- WARNING UCHTS, TEXTURIZED PAIIEioENT, A>O PEDES"IRIAN PUSH 8\JTIONS, AND WILL 8E DET(Rt.f.INEO OURINC ~ • ANAL DES~~
ALAMEDA CONTRA COSTA TRAHSIT DISTRICT EAST BAY BUS RAPID TRANSIT
o·
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.
100'
I
EAST BAY BUS RAPID TRANSIT PROJECT
~ ~PARSQNS
AGREEMENT FOR MAINTENANCE EXHIBIT EXHIBrT A SHEET 17 ()' 20
260
AM-17
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DAVIS STREET (SR 112) AT HAYS STREET STAnON
DAVIS STREET (SR 112) EXISTING
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BUS PAD: MAINTENANCE RESPONSIBIUTY
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50'
MATCHUNE
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SEE SHEET AM-19
0'
""-···
C~IC
.
:so·
100"
I
SCAlf
EAST BAY BUS RAPID TRANSIT PROJECT
~ ~PARSONS
261
AGREEMENT FOR MAINTENANCE EXHIBIT EXHIBIT A SHEET 1B OF 20
AM- 18
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DAVIS STREET (SR 112) AT HAYS STREET STATION --
~
~ BUS STATIO N: ~AINTENANCE RESPONSIBIUT'I ~ B'l DISTRICT (AC TRANSIT)
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BUS PAD: MAINTENANCE RESPONSIBILITY
-
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B'l DISTRICT (AC TRANSIT) MAINTENANCE OF LANOSCAPEO ARCA.S: BY CXSTRICT {AC iR.ANSH), NEAR STATIONS • B'l CITY OF SAN LfANDRO. ElSEWHERE
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SICNAUZED INTERSECTION
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BRT LANE ~AINTENANCE RESPONSIBILIN: 1 • SIGNING & STRI'ING BY DISTR1CT (AC TRANSIT) ~ PAVE~ ENT BY CA.LTRANS I
OiJ:
1 NOTES: 1 1) BRT STRIPING AND SPECIAL BRT ROADWAY TR£ATI.OITS 1~ 0ECEL£RATION PADS AND BRT SIGNI'GI' WILL BE
.
- - - - - - - - - - - - - - - -- - ___j , ~~:~=~~~~~~s~~~~~~~ ~e-:, g_ ~~-- «a.a -~DETERMINED DURI~G-~~-~...zs~·- lJ
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SE£ SHEET AM-20
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EAST BAY BUS RAPID TRANSIT PROJECT
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ALAMEDA CONTRA COSTA TRANSIT DISTRICT EAST BAY BUS RAPID TRAN$ fT
~ ~PARSONS
262
AGREEMENT FOR MAINTENANCE EXHIBIT EXHIBIT A SHEET 19 OF 20
AM·19
MATCHLINE - SEE SHEET AM-19
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SIGNALIZE D INTERSECTION
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CRAPWIC SCAL£
~~·~ tili~> ALAMEDA CONTRA COSTA TRANSIT DISTRICT EAST SAY BUS RAPID TRANSIT
EAST BAY BU S RAPID TRANSIT PROJECT
~
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AGREEMENT OF MAINTENANCE EXHIBIT EXHIBIT A SHEET 20 OF 20
263
AM-20
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264
Report No: Meeting Date:
T/?19/VS/T
14-054 January 22, 2014
Alameda-Contra Costa Transit District
STAFF REPORT TO:
AC Transit Board of Directors
FROM:
David J. Armijo, General Manager
SUBJECT:
Bus Rapid Transit (BRT), Third Party, Utility Agreements
ACTION ITEM RECOMMENDED ACTION(S): Consider authorizing the General Manager to sign the third party utility agreements associated with the East Bay Bus Rapid Transit Project (BRT} with Pacific Gas & Electric (PG&E}, the East Bay Municipal Utility District (EBMUD}, and AT&T in substantially identical form as the attached. EXECUTIVE SUMMARY: The utility agreements specify the design and construction functions to be performed by the utility owners and funded by AC Transit and the terms and conditions under which such work will be performed. Per these agreements each of the respective utility owners has accepted the request for relocation of their facilities (pipes, conduits, manholes, etc.} and will perform the design and construction at District expense except for the areas covered under the Caltrans Master Cooperative Agreement (AC Board Resolution No. 13-005). The utility owners will relocate their facilities at no cost to the District between 42nd Avenue and Davis Street/San Leandro Blvd. Intersection because Caltrans has agreed to exercise their franchise right s thus requiring utility owners to make the relocations at the utilities' expense. The Federal Transit Administration (FTA} requires executed utility agreements to be included in the Small Starts Grant Agreement (SSGA} application which is due on February 4, 2014. BUDGETARY/FISCAL IMPACT: The budget for the BRT project includes the cost of design and construction of all the private utility relocations . The table below shows the utility owners estimate, BRT budgeted amount and the funding sources for each corresponding utility.
Utility Owner
Cost estimate per utility agreements
EBMUD- Water Facilities
$2,005,460
PG&E- Electric Facilities PG&E- Gas Facilities AT&T TOTAL
Budgeted Amount
Funding Sources Regional Measure 2
$220,000 $324,000
$1,667,000 $1,357,000 $341,000
$19,939 $2,569,399
$346,000 $3,711,000
Regional Measure 2
Cost estimates and funding sources for each utility owner
265
Regional Measure 2 Regional Measure 2
Report No. 14-054 Page 2 of 3 BACKGROUND/RATIONALE:
A utility agreement defines the scope of relocation, including reimbursement and liability to complete the work. Such an agreement identifies the parties involved and ensures that all parties have a complete understanding of the scope and reimbursement issues relating to the relocation. These considerations are all within public road rights of way, within State of California Department of Transportation (Caltrans) and City of Oakland jurisdictions. Caltrans has agreed to transfer their franchise rights to the District, which enables the District to request the utility owners to design and construct the necessary relocations at no cost to the project. The utility owners will refine their design based on the District's draft 65% design plans, which are anticipated to be completed in April 2014. The District expects to receive the final design from the respective utility owners in May of 2014, along with a more accurate cost estimate for the project. The agreements will be amended to reflect the new cost estimate. All utility owners have agreed to comply with FTA Buy America requirements. ADVANTAGES/DISADVANTAGES: Advantages: Allows the District to fulfill the SSGA requirement for the FTA to receive the remaining funds. It also establishes and defines the roles and responsibilities of the involved agencies for the relocation of their facilities to accommodate the BRT project. Disadvantages: None identified. ALTERNATIVES ANALYSIS:
The utility companies own, design, construct, operate and maintain their facilities. Therefore, there are no practical alternatives. These agreements are also required to complete the SSGA for the remaining FTA funding. PRIOR RELEVANT BOARD ACTIONS/POLICIES:
AC Board Resolution No. 12-018, April 25, 2012. ATTACHMENTS: 1:
2: 3: 4:
PG&E Utility Agreement, Gas Facilities PG&E Utility Agreement, Electric Facilities EBMUD Agreement, Water Facilities AT&T Agreement
266
Report No. 14-054 Page 3 of 3
Reviewed by:
Dennis W. Butler, Chief Planning & Development Officer Lewis G. Clinton Jr., Chief Financial Officer David A. Wolf, General Counsel David Wilkins, Director-EBBRT Program Chris Andrichak, Senior Analyst, Capital Planning and Grants
Prepared by:
Mitra Moheb, Senior Project Manager-EBBRT Program
Department Head Approval:
267
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268
SR 14-054, Attachment 1 Page I of5
UTILITY AGREEMENT DISTRICT
ROUTE
COUNTY
ALA
4
POST MILE
185,112
EA
2A400
3,2/10.5
OWNER'S PLAN NUMBER PM 41973560
FTAFUNDED FEDERAL PARTICIPATION
On the project ~
UTILITY AGREEMENT NO.
YES
1908.9
D
NO
On the Utilities ~
YES
D
NO
DATE
The Alameda Contra Costa Transit District, hereinafter referred to as ("AC TRANSIT") proposes the East Bay Bus Rapid Tran.sit ("BRT") improvement ("Project") through the cities of Oakland and San Leandro. Proposed construction will include dedicated transit lanes and light-rail like stations to improve bus service through Oakland and San Leandro. The alignment begins in downtown Oakland at 2oth Street (Uptown station) between Telegraph Avenue and Broadway; follows Broadway to the 11th/12th Street couplet; continues on East 12th Street around Lake Merritt to the East 12th/International Boulevard couplet to 14th AvenuEi; then follOW$ International Boulevard to the Oakland/San Leandro border. In San Leandro, the alignment follows East 14th Street to Davis Street; then Davis Street to San Leandro Boulevard, terminating at the San Leandro BART Station.
PACIFIC GAS & ELECTRIC COMPANY
Hereinafter referred to as "Owner", owns and maintains gas distribution facilities Within the limits of AC TRANSIT's Project which require relocation to accommodate the AC TRANSIT BRT East Bay Project.
It is hereby mutually agreed that:
I.
WORK TO BE DONE Work Performed by Owner per Owner's Plan: In accordance with Notice to Owner No. 1908.9 dated 12/17/13, OWNER shall relocate gas facilities in conflict with project . All work shall be performed substantially in accordance with OWNER's Plan No. PM 41973560 dated November 26, 2013, a copy of which is on file in the office of the ("BRT"), located at the Alameda-Contra Costa Transit District at 1600 Franklin Street. Oakland, CA 94612. Deviations from the OWNER's plan described above initiated by either AC Transit or the OWNER, shall be agreed upon by both parties hereto under a Revised Notice to Owner. Such Revised Notice to Owner, approved by AC TRANSIT and agreed to/acknowledged by the OWNER, will constitute an approved revision of the OWNER's plan described above and are hereby made a part hereof. No work under said deviation shall commence prior to written execution by the OWNER of the Revised Notice to Owner. Changes in the scope of the work will require an amendment to this Agreement in addition to the revised Notice to Owner.
269
Page2 of5
UTILITY AGREEMENT (Cont.)
IUTJLITY AGREEMENT NO. 1908.9
II.
LIABILITY FOR WORK Existing facilities are located in their present position pursuant to rights superior to those of AC Transit and will be relocated at AC TRANSIT's expense. Total Estimated Cost ........................................................... $324,000.00 Total Estimated AC Transit Liability ......................................... $324,000.00
Ill.
PERFORMANCE OF WORK OWNER agrees to perform the herein-described work with its own forces or to cause the herein described work to be performed by the OWNER's contractor, employed by written contract on a continuing basis to perform work of this type, and to provide and furnish all necessary labor, materials, tools, and equipment required therefore, and to prosecute said work diligently to completion. Use of out-of-state personnel or personnel requiring lodging and meal ("per diem") expenses will not be allowed without prior written authorization by AC TRANSIT representative. Requests for such authorization must be contained in OWNER's estimate of actual and necessary relocation costs. Accounting Form FA-1301 is to be completed and submitted for all none-state personnel travel per diem. OWNER shall include an explanation why local employee or contract labor is not considered adequate for the relocation work proposed. Per Diem expenses shall not exceed the per diem expense amounts allowed under the California Department of Transportation's Department of Personnel Administration travel expense guidelines. Pursuant to Public Works Case No. 2001-059 determination by the California Department of Industrial Relations dated October 25, 2002, work performed by OWNER's contractor is a public work under the definition of Labor Code Section 1720(a) and is therefore subject to prevailing wage requirements. OWNER shall verify compliance with this requirement in the administration of its contracts referenced above. It is understood that this Agreement is funded in part by the Federal Transit Administration and applicable Buy America requirements set forth in 49 U.S. C. 53230) and 49 CFR Part 661 apply to the work that is the subject of this Agreement. PG&E will require its suppliers to certify Buy America compliance with regard to materials used in the work and will provide all such certificates to AC TRANSIT. Certification will be substantially in the form of the Certificate of Buy America Compliance attached to this agreement as Exhibit [A].
IV.
PAYMENT FOR WORK AC TRANSIT shall pay its share of the actual and necessary cost of the herein described work within 45 days after receipt of five (5) copies of OWNER's itemized bill, signed by a responsible official of OWNER's organization and prepared on OWNER's letterhead, compiled on the basis of the actual and necessary cost and expense incurred and charged or allocated to said work in accordance with the uniform system of accounts prescribed for OWNER by the California Public Utilities Commission, Federal Energy Regulatory Commission or Federal Communications Commission, whichever is applicable. It is understood and agreed that AC TRANSIT will not pay for any betterment or increase in capacity of OWNER's facilities in the new location and that OWNER shall give credit to AC
270
Page3 ors
UTILITY AGREEMENT (Cont.)
IUTILITY AGREEMENT NO. 1908.9
TRANSIT for all accrued depreciation on the replaced facilities and for the salvage value of any material or parts salvaged and retained or sold by OWNER. Not more frequently than once a month, but at least quarterly, OWNER will prepare and submit progress bills for costs incurred, not to exceed OWNER's recorded costs as of the billing date less estimated credits applicable to completed work. Payment of progress bills, not to exceed the amount of this Agreement, may be made under the terms of this Agreement. Payment of progress bills which exceed the amount of this Agreement may be mad~! after receipt and approval by AC TRANSIT of documentation supporting the cost increase and after an Amendment to this Agreement has been executed by the parties to this agreement. The OWNER shall submit a final bill to AC TRANSIT within 180 days after the completion of the work described in Section I above. If AC TRANSIT has not received a final bill within 180 days after notification of completion of OWNER's work described in Section I of this Agreement, and AC TRANSIT has delivered to OWNER fully executed Director's Deeds, Consents to Common Use or Joint Use Agreements for OWNER's facilities (if required), AC TRANSIT will provide written notification to OWNER of its intent to close its file within 30 days and OWNER hereby acknowledges, to the extent allowed by Jaw, that all remaining costs will be deemed to have been abandoned. If AC TRANSIT processes a final bill for payment more than 180 days after notification of completion of OWNER's work, payment of the late bill may be subject to allocation and/or approval by AC TRANSIT's General Manager. The final billing shall be in the form of an itemized statement of the total costs charged to the project, Jess the credits provided for in this Agreement, and Jess any amounts covered by progress billings. However, AC TRANSIT shall not pay final bills which exceed the estimated cost of this Agreement without adequate documentation acceptable to AC TRANSIT of the reason for the increase of said cost from the OWNER and approval of documentation by AC TRANSIT. Except, if the final bill exceeds the OWNER's estimated costs solely as the result of a revised Notice to Owner as provided for in Section I, a copy of said revised Notice to Owner shall suffice as documentation. In either case, payment of the amount over the estimated cost of this Agreement may be subject to allocation and/or approval by the AC TRANSIT Board of Directors. In any event if the final bill exceeds 125% of the estimated cost of this Agreement, an Amended Agreement shall be executed by the parties to this Agreement prior to the payment of the OWNER'S final bill. Any and all increases in costs that are the direct result of deviations from the work described in Section I of this Agreement, require the prior concurrence of AC TRANSIT. Detailed records from which the billing is compiled shall be retained by OWNER for a period of three years from the date of the final payment and will be available for audit by State and/or Federal auditors. Owner agrees to comply with Contract Cost Principles and Procedures as set forth in 48 CFR, Chapter 1, Part 31, et seq., 23 CFR, Chapter 1, Part 645 and or 18 CFR, Chapter 1, Parts 101, 201, et al. If a subsequent State and/or Federal audit determines payments to be unallowable, OWNER agrees to reimburse AC TRANSIT upon receipt of AC TRANSIT billing.
271
Page 4 of5
UTILITY AGREEMENT (Cont.)
I UTILITY AGREEMENT NO. 1908.9
V.
GENERAL CONDITIONS All costs accrued by OWNER as a result of AC TRANSIT Liability Claim Letter request of 3/19/2013 to review, study and/or prepare relocation plans and estimates for the project associated with this Agreement may be billed pursuant to the terms and conditions of this Agreement. If AC TRANSIT's Project, which precipitated this Agreement, is canceled or modified so as to eliminate the necessity of work by OWNER, AC TRANSIT will notify OWNER, in writing, and AC TRANSIT reserves the right to terminate this Agreement by Amendment. The Amendment shall provide mutually acceptable terms and conditions for terminating the Agreement.
OWNER shall submit a Notice of Completion to AC TRANSIT within 30 days of the completion of the work described herein.
THE ESTIMATED COST TO AC TRANSIT FOR THE ABOVE DESCRIBED WORK IS
$ 324,000.00
Signatures on following Page
272
Page 5 of 5
UTILITY AGREEMENT (Cont.)
I UTILITY AGREEMENT NO. 1908.9
IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written.
Alameda-Contra Costa Transit District
Pacific Gas & Electric Company
APPROVED
By:_ __ _ _ _ _ _ __ David J. Armijo General Manager Date:._ _ __ _ _ _ _ __
APPROVED AS TO FORM:
By:_ _ _ _ _ _ _ _ __
By:._ _ _ _ _ _ _ _ _ __
Date:_ _ _ _ _ _ _ __ _ CONCURRENCE:
By: _ __ __ __ _ _ __
APPROVAL RECOMMENDED:
By:_ __ __ __ _ _ _ __
273
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274
SR 14-054, Attachment 2 Page 1 of5
UTILITY AGREEMENT DISTRICT
COUNTY
ALA
4
I
' FEDERAL PARTICIPATION
On the project ~ YES
EA
POST MILE
185,112
FTAFUNDED
UTILITY AGREEMENT NO.
I3.2/10.5
ROUTE
2A400
OWNER'S PLAN NUMBER PM 31042033
D
NO
On the utli.itle~ ~
YES
D
No
DATE
190a.1o
The Aiameda Contra Oosta Transit District, here:Ln!!f!er referret;l to as (''AC TRAN~fT') .proposes the East ?ay Sg§ RaPW Trgp~i~i1: (''~RT") imtm:>Ye:ment ("Pro)!9Ct") thro~J9h the citie.s of Oakland and san le.andro.. Proposal:! coh$!tuetion Will include dedicated transit lanes and light"rail !Ike sl!lliqns to imprpve bus service through Oakland <'111Q. San l;E)andro. The >~ligrH:nen~ l)eglns Jn downtown Qal:i\!.lpJet; continue:s om East 12ili.:Street;around Lake Merr:itt\Q the East 12thtlntemationai~QJJ1ev!!ro' ct.l\tlilef {4th. Avert!;r§J then follow§ lnteml'!tiqn:.~r~.oi.llt:tva:rd fhe Oal
to
w
.RACIFIC GAS
& ELECTRIC COMPANY
Herei!ia.ftet referred to :;1s ''Owngr", owns !!nd maintains electric distribution facilities Witliln tlie limits of AC TRANSIT's Project which require relo.calton to !!ccommodate the. AC TRANSIT BRT East Bay Project It is hereby mutua,lty :;1greed that: I.
WORK TO BE DONE
Work Performed PY owner per Owner's Plan: In accordance with Notice to Owner No. 1908.10 dated 12/17/2013, OWNER shall relocate electric facilities in conflict with project. All work shall be performed substantially in accordance with OWNER's Plan No. PM 31042033 dated 12/12/13, a copy of which is on file in the office of the ("BRT"), located at the Alameda-Contra Costa Transit District at 1600 Franklin Street. Oakland, CA ~4612. Deviations from the OWNER's plan described above initiated by either AC Transit or the OWNER, shall be agreed upon by both parties hereto under a Revised Notice tO Owner. ~uch Revised Notice to Owner, approved by AC TRANSIT and agreed to/ac;knowledged by the OWNER, will constitute an approved revision of the OWNER's plan described above and are hereby made a part hereof. No work under said deviation shall commence pri_or to written execution by the OWNER of the Revised Notice to Owner. Changes in the scope of the work will require an amendment to this Agreement in addition to the revised Notice to Owner.
275
Page 2 of5
UTILITY AGREEMENT (Cont.)
I UTILITY AGREEMENT NO. 1908.10
II.
LIABILITY FOR WORK Existing facilities are located in their present position pursuant to rights superior to those of AC Transit and will be relocated at AC TRANSIT's expense. Total Estimated Cost ........................................................... $220 ,000.00 Total Estimated AC Transit Liability ........................................$220,000.00
Ill.
PERFORMANCE OF WORK OWNER agrees to perform the herein-described work with its own forces or to cause the herein described work to be performed by the OWNER's contractor, employed by written contract on a continuing basis to perform work of this type, and to provide and furnish all necessary labor, materials, tools, and equipment required therefore, and to prosecute said work diligently to completion. Use of out-of-state personnel or personnel requiring lodging and meal ("per diem") expenses will not be allowed without prior written authorization by AC TRANSIT representative. Requests for such authorization must be contained in OWNER's estimate of actual and necessary relocation costs. Accounting Form FA-1301 is to be completed and OWNER shall include an submitted for all none-state personnel travel per diem. explanation why local employee or contract labor is not considered adequate for the relocation work proposed. Per Diem expenses shall not exceed the per diem expense amounts allowed under the California Department of Transportation's Department of Personnel Administration travel expense guidelines. Pursuant to Public Works Case No. 2001-059 determination by the California Department of Industrial Relations dated October 25, 2002, work performed by OWNER's contractor is a public work under the definition of Labor Code Section 1720(a) and is therefore subject to prevailing wage requirements. OWNER shall verify compliance with this requirement in the administration of its contracts referenced above. It is understood that this Agreement is funded in part by the Federal Transit Administration and applicable Buy America requirements set forth in 49 U.S.C. 53230) and 49 CFR Part 661 apply to the work that is the subject of this Agreement. PG&E will require its suppliers to certify Buy America compliance with regard to materials used in the work and will provide all such certificates to AC TRANSIT. Certification will be substantially in the form of the Certificate of Buy America Compliance attached to this agreement as Exhibit [A].
IV.
PAYMENT FOR WORK AC TRANSIT shall pay its share of the actual and necessary cost of the herein described work within 45 days after receipt of five (5) copies of OWNER's itemized bill, signed by a responsible official of OWNER's organization and prepared on OWNER's letterhead, compiled on the basis of the actual and necessary cost and expense incurred and charged or allocated to said work in accordance with the uniform system of accounts prescribed for OWNER by the California Public Utilities Commission, Federal Energy Regulatory Commission or Federal Communications Commission, whichever is applicable.
276
Page3of5
UTILITY AGREEMENT (Cont.)
I
UTILITY AGREEMENT NO. 1908.10
It is understood and agreed that AC TRANSIT will not pay for any betterment or increase in capacity of OWNER's facilities in the new location and that OWNER shall give credit to AC TRANSIT for all accrued depreciation on the replaced facilities and for the salvage value of any material or parts salvaged and retained or sold by OWNER. Not more frequently than once a month, but at least quarterly, OWNER will prepare and submit progress bills for costs incurred, not to exceed OWNER's recorded costs as of the billing date less estimated credits applicable to completed work. Payment of progress bills, not to exceed the amount of this Agreement, may be made under the terms of this Agreement. Payment of progress bills which exceed the amount of this Agreement may be made after receipt and approval by AC TRANSIT of documentation supporting the cost increase and after an Amendment to this Agreement has been executed by the parties to this agreement. The OWNER shall submit a final bill to AC TRANSIT within 180 days after the completion of the work described in Section I above. If AC TRANSIT has not received a final bill within 180 days after notification of completion of OWNER's work described in Section I of this Agreement, and AC TRANSIT has delivered to OWNER fully executed Director's Deeds, Consents to Common Use or Joint Use Agreements for OWNER's facilities (if required), AC TRANSIT will provide written notification to OWNER of its intent to close its file within 30 days and OWNER hereby acknowledges, to the extent allowed by law, that all remaining costs will be deemed to have been abandoned. If AC TRANSIT processes a final bill for payment more than 180 days after notification of completion of OWNER's work, payment of the late bill may be subject to allocation and/or approval by AC TRANSIT's General Manager. The final billing shall be in the form of an itemized statement of the total costs charged to the project, less the credits provided for in this Agreement, and less any amounts covered by progress billings. However, AC TRANSIT shall not pay final bills which exceed the estimated cost of this Agreement without adequate documentation acceptable to AC TRANSIT of the reason for the increase of said cost from the OWNER and approval of documentation by AC TRANSIT. Except, if the final bill exceeds the OWNER's estimated costs solely as the result of a revised Notice to Owner as provided for in Section I, a copy of said revised Notice to Owner shall suffice as documentation. In either case, payment of the amount over the estimated cost of this Agreement may be subject to allocation and/or approval by the AC TRANSIT Board of Directors. In any event if the final bill exceeds 125% of the estimated cost of this Agreement, an Amended Agreement shall be executed by the parties to this Agreement prior to the payment of the OWNER'S final bill. Any and all increases in costs that are the direct result of deviations from the work described in Section I of this Agreement, require the prior concurrence of AC TRANSIT. Detailed records from which the billing is compiled shall be retained by OWNER for a period of three years from the date of the final payment and will be available for audit by State and/or Federal auditors. Owner agrees to comply with Contract Cost Principles and Procedures as set forth in 48 CFR, Chapter 1, Part 31, et seq., 23 CFR, Chapter 1, Part 645 and or 18 CFR, Chapter 1, Parts 101, 201, et al. If a subsequent State and/or Federal audit determines payments to be unallowable, OWNER agrees to reimburse AC TRANSIT upon receipt of AC TRANSIT billing.
277
Page 4 of5
UTILITY AGREEMENT (Cont.)
IUTILITY AGREEMENT NO. 1908.10
V.
GENERAL CONDITIONS All costs accrued by OWNER as a result of AC TRANSIT Liability Claim Letter request of 3/19/2013 to review, study and/or prepare relocation plans and estimates for the project associated with this Agreement may be billed pursuant to the terms and conditions of this Agreement. If AC TRANSIT's Project, which precipitated this Agreement, is canceled or modified so as to eliminate the necessity of work by OWNER, AC TRANSIT will notify OWNER, in writing, and AC TRANSIT reserves the right to terminate this Agreement by Amendment. The Amendment shall provide mutually acceptable terms and conditions for terminating the Agreement.
OWNER shall submit a Notice of Completion to AC TRANSIT within 30 days of the completion of the work described herein.
THE ESTIMATED COST TO AC TRANSIT FOR THE ABOVE DESCRIBED WORK IS
$ 220.000.00.
Signatures on following Page
278
Page 5 of5
UTILITY AGREEMENT (Cont.)
I UTILITY AGREEMENT NO. 1908.10
IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written .
Alameda-Contra Costa Transit District
Pacific Gas & Electric Company
APPROVED
APPROVED
By{k-tZ-
By:':::-----:-::-:---:---,---------David J. Annijo
M rvm Penner
General Manager
· Land Asset Management
Date:_ _ _ _ _ _ _ _ __
Date:
I 2.. - I
APPROVED AS TO FORM:
By:_ _ __ _ _ _ _ _ __
By:_ _ _ _ _ _ _ _ __
Date:._ _ _ _ _ _ _ __ _ CONCURRENCE:
By:_ _ __ _ __
_ __
APPROVAL RECOMMENDED: By:_ _ __ _ _ _ _ _ _ __
279
This page intentionally blank
280
SR 14-054; Attachment 3 Pagel of5
UTILITY AGREEMENT COUNTY
DISTRICT
4
POST MILE
ROUTE
ALA
185,112
EA
2A400
3.2/10.5
OWNER'S PLAN NUMBER
FTAFUNDED
P44997 -45000 FEDERAL PARTICIPATION
On the project
1ZJ
UTILITY AGREEMENT NO.
YES
0
NO
1908.12
On the Utilities
IZJ
YES
0
NO
DATE
The Alameda Contra Costa Transit District, hereinafter referred to as ("AC TRANSIT") proposes the East Bay Bus Rapid Transit {"BRT") improvement ("Project") through the cities of Oakland and San Leandro, Proposed construction will include dedicated transit lanes and light-rail like stations to improve bus service through Oakland and San Leandro. The alignment begins in downtown Oakland at 2oth Street {Uptown station) between Telegraph Avenue and Broadway; follows Broadway to the 11th/12th Street couplet; continues on East 12th Street around Lake Merritt to the East 12th/International Boulevard couplet to 14th Avenue; then follows International Boulevard to the Oakland/San Leandro border. In San Leandro, the alignment follows E.ast 14th Street to Davis Street, then Davis Street to San Leandro Boulevard, terminating at the San Leandro BART Station.
EAST BAY MUNICIPAL UTILITY DISTRICT P.O. BOX 24055 Oakland, CA 94623-1055 Hereinafter referred to as "Owner'', owns and maintains: Water Facilities Within the limits of Project which requires: relocation of water facilities to accommodate the AC TRANSIT BRT East Bay Project
It is hereby mutually agreed that: I.
WORK TO BE DONE · In accordance with Notice to Owner No. 1908.12 dated 12/18/2013, OWNER shall prepare project plans for the relocation of the affected water facilities. OWNER shall relocate facilities in accordance with the project plans. The project plans will be based on the "Utility Relocation Plans Draft 65% Submittal" prepared by AC Transit and marked-up by the OWNER. Refinements to the marked up drawings is anticipated as more information is collected concerning as-built conditions for all utilities in the subject areas, as well as any changes to the Project. All work shall be performed substantially in accordance OWNER's Plan No. P44997 -45000 these marked-up drawings and subsequent revisions, a copy of which is on file in the office of AC TRANSIT located at the Alameda-Contra Costa Transit District at 1600 Franklin Street. Oakland, CA 94612. Deviations from the OWNER's plan described above initiated by either AC Transit or the OWNER, shall be agreed upon by both parties hereto under a Revised Notice to Owner. Such Revised Notice to Owner, approved by AC TRANSIT and agreed to/acknowledged by the OWNER, will constitute an approved revision of the OWNER's plan described above and are hereby made a part hereof. No work under said deviation shall commence prior to
281
Page2 ofS
UTILITY AGREEMENT (Cont.)
I UTILITY AGREEMENT NO. 1908.12
written execution by the OWNER of the Revised Notice to Owner. Changes in the scope of the work will require an amendment to this Agreement in addition to the revised Notice to Owner. II.
LIABILITY FOR WORK OWNER's existing facilities located outside the state highway system (State Route 185 and State Route 112) will be relocated at 100% AC TRANSIT expense. Liability for relocating OWNER's existing facilities located within the state highway system (State Route 185 and State Route 112) is in dispute and has yet to be determined.
Ill.
PERFORMANCE OF WORK OWNER agrees to perform the herein described work with its own forces or to cause the herein described work to be performed by the OWNER's contractor, employed by written contract on a continuing basis to perform work of this type, and to provide and furnish all necessary labor, materials, tools, and equipment required therefore, and to prosecute said work diligently to completion. Use of out-of-state personnel or personnel requiring lodging and meal "per diem" expenses will not be allowed without prior written authorization by AC TRANSIT representative. Requests for such permission must be contained in OWNER's estimate of actual and necessary relocation costs. OWNER shall include an explanation why local employee or contract labor is not considered adequate for the relocation work proposed. Per Diem expenses shall not exceed the per diem expense amounts allowed under the California Department of Transportation's Department of Personnel Administration travel expense guidelines. Work performed by OWNER's contractor is a public work under the definition of Labor Code Section 1720(a) and is therefore subject to prevailing wage requirements. OWNER shall verify compliance with this requirement in the administration of its contracts referenced above and shall include this requirement as an expressed condition of its contracts referenced above.
IV.
PAYMENT FOR WORK AC TRANSIT shall pay its share of the actual and necessary cost of the herein described work within 45 days after receipt of five (5) copies of OWNER's itemized bill, signed by a responsible official of OWNER's organization and prepared on OWNER's letterhead, compiled on the basis of the actual and necessary cost and expense. The OWNER shall maintain records of the actual costs incurred and charged or allocated to the project in accordance with recognized accounting principles. If the parties are unable to agree upon funding liability but proceed with the project on a liability-in-dispute basis, AC Transit shall pay for 100% of the disputed work until such time that liability responsibility is resolved.
282
Page 3 ofS
UTILITY AGREEMENT (Cont.)
I UTILITY AGREEMENT NO. 1908.12
It is understood and agreed that AC TRANSIT will not pay for any betterment or increase in capacity of OWNER's facilities in the new location and that OWNER shall give credit to AC TRANSIT for the "used life" or accrued depreciation of the replaced facilities and for the salvage value of any material or parts salvaged and retained or sold by OWNER. Not more frequently than once a month, but at least quarterly, OWNER will prepare and submit progress bills for costs incurred, not to exceed OWNER's recorded costs as of the billing date less estimated credits applicable to completed work. Payment of progress bills, not to exceed the amount of this Agreement, may be made under the terms of this Agreement. Payment of progress bills which exceed the amount of this Agreement may be made after receipt and approval by AC TRANSIT of documentation supporting the cost increase and after an Amendment to this Agreement has been executed by the parties to it. The OWNER shall submit a final bill to AC TRANSIT within 90 days after the completion of the work described in Section I above. If AC TRANSIT has not received a final bill within 90 days after notification of completion of OWNER's work described in Section I of this Agreement, and AC TRANSIT has delivered to OWNER fully executed Director's Deeds, Consents to Common Use or Joint Use Agreements for OWNER's facilities (if required), AC TRANSIT will provide written notification to OWNER of its intent to close its file within 30 days. OWNER hereby acknowledges, to the extent allowed by law, that all remaining costs will be deemed to have been abandoned. If AC TRANSIT processes a final bill for payment more than 90 days after notification of completion of OWNER's work, payment of the late bill may be subject to allocation and/or approval by AC TRANSIT's General Manager. The final billing shall be in the form of an itemized statement of the total costs charged to the project, less the credits provided for in this Agreement, and less any amounts covered by progress billings. However, AC TRANSIT shall not pay final bills which exceed the estimated cost of this Agreement without adequate documentation acceptable to AC TRANSIT of the reason for the increase of said cost from the OWNER and approval of documentation by AC TRANSIT. Except, if the final bill exceeds the OWNER's estimated costs solely as the result of a revised Notice to Owner as provided for in Section I, a copy of said revised Notice to Owner shall suffice as documentation. In either case, payment of the amount over the estimated cost of this Agreement may be subject to allocation and/or approval by the AC TRANSIT Board of Directors. In any event if the final bill exceeds 125% of the estimated cost of this Agreement, an Amended Agreement shall be executed by the parties to this Agreement prior to the payment of the OWNER'S final bill. Any and all increases in costs that are the direct result of deviations from the work described in Section I of this Agreement, require the prior concurrence of AC TRANSIT. Detailed records from which the billing is compiled shall be retained by OWNER for a period of three years from the date of the final payment and will be available for audit by State and/or Federal auditors. Owner agrees to comply with Contract Cost Principles and Procedures as set forth in 48 CFR, Chapter 1, Part 31, et seq., 23 CFR, Chapter 1, Part 645 and or 18 CFR, Chapter 1, Parts 101, 201, et al. If a subsequent State and/or Federal audit determines payments to be unallowable, OWNER agrees to reimburse AC TRANSIT upon receipt of AC TRANSIT billing.
283
UTILITY AGREEMENT (Cont.)
Page4 ofS
I UTILITY AGREEMENT NO. 1908.12
V.
GENERAL CONDITIONS All costs accrued by OWNER as a result of AC TRANSIT Liability Claim Letter requests of March 19, 2013 or May 28, 2013 to review, study and/or prepare relocation plans and estimates for the project associated with this Agreement may be billed pursuant to the terms and conditions of this Agreement. If AC TRANSIT's Project, which precipitated this Agreement, is canceled or modified so as to eliminate the necessity of work by OWNER, AC TRANSIT will notify OWNER, in writing, and AC TRANSIT reserves the right to terminate this Agreement by Amendment. The Amendment shall provide mutually acceptable terms and conditions for terminating the Agreement. All obligations of AC TRANSIT under the terms of this Agreement are contingent upon the acceptance of this Agreement by AC TRANSIT. OWNER shall submit a Notice of Completion to AC TRANSIT within 30 days of the completion of the work described herein.
THE ESTIMATED COST TO AC TRANSIT FOR THE ABOVE DESCRIBED WORK IS
$2.005.460.
SIGNATURES ON FOLLOWING PAGE
284
Page 5 of5
UTILITY AGREEMENT (Cont.)
I UTILITY AGREEMENT NO. 1908.12
IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written .
ALAMEDA-CONTRA COSTA TRANSIT DISTRICT
EAST BAY MUNICIPAL UTILITY DISTRICT
APPROVED
APPROVED
By:~~
By:_ _ __ _ __ _ __
€:if'\.((,~ ~jlt-teeA"'~ ft~
David J. Armijo General Manager
Date:_ __ _ __ _ __
Date:._
APPROVED AS TO FORM AND CONTENT
I_L_Jz.o _,{l -1_ 3_ _ _
APPROVED AS TO FORM
APPROVAL RECOMMENDED: By:_ _ __ _ _ _ __ _ _
Date: - - - - - -- --
_
-
285
r
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SR 14-054, Attachment 4
COUNTY
DISTRICT
04
EA
POST MILE
3.2/10.5
ALA
2A400
FEDERAL AID NUMBER
FTA Funded FEDERAL PARTICIPATION
On the project 12]
YES
D
NO
UTILITY AGREEMENT NO. ___1'""'90,.,8,_...1.._1_ _ __
On the Utilities
I2J
YES
0
NO
DATE
Project Description: The Alameda Contra Costa Transit District, a political subdivision of the State of California, hereinafter referred to as ("AC TRANSIT") proposes the East Bay Bus Rapid Transit ("BRT") improvement ("Project") through the cities of Oakland and San Leandro. Proposed construction will include dedicated transit lanes and light-rail like stations to improve bus service through Oakland and San Leandro. The alignment begins in downtown Oakland at 20th Street (Uptown station) between Telegraph Avenue and Broadway; follows Broadway to the 11th/12th Street couplet; continues on East 12th Street around Lake Merritt to the East 12th/International Boulevard couplet to 14th Avenue; then follows International Boulevard to the Oakland/San Leandro border. In San Leandro, the alignment follows East 14th Street to Davis Street, then Davis Street to San Leandro Boulevard, terminating at the San Leandro BART Station. Pacific Bell Telephone Company, a California corporation dba AT&T California,_hereinafter referred to as "OWNER", owns and maintains telephone distribution facilities within the limits of AC TRANSIT's Project, which require relocation to accommodate the AC TRANSIT BRT East Bay Project. Overhead telephone cables are located on Fruitvale Avenue and E. 10111 Street. It is hereby mutually agreed that:
I.
WORK TO BE DONE Work Performed by OWNER per OWNER's Plan: In accordance with Notice to Owner No. 1908.11 dated, 12/19/2013, OWNER shall · All work shall be performed substantially in dated 12/18/2013 consisting of one sheet, a copy of which will be on file in the office of the "BRT", located at the AlamedaContra Costa Transit District at 1600 Franklin Street. Oakland, CA 94612. Deviations from the OWNER's plan described above initiated by either AC Transit or the OWNER, shall be agreed upon by both parties hereto under a Revised Notice to Owner. Such Revised Notice to Owner, approved by AC TRANSIT and agreed to/acknowledged by the OWNER, will constitute an approved revision of the OWNER's plan described above and are hereby made a part hereof. No work under said deviation shall commence prior to written execution by the OWNER of the Revised Notice to Owner. Changes in the scope of the work will require an amendment to this Agreement in addition to the revised Notice to Owner.
II.
LIABILITY FOR WORK OWNER's existing facilities are located in their present position pursuant to rights superior to those of AC Transit and will be relocated at 100% of AC TRANSIT's expense.
Ill.
PERFORMANCE OF WORK Page 1 of 4
287
OWNER agrees to pertorm the herein-described work with its own forces or to cause the herein described work to be pertormed by the OWNER's contractor, employed by written contract on a continuing basis to pertorm work of this type, and to provide and furnish all necessary labor, materials, tools, and equipment required therefore; and to prosecute said work diligently to completion. Use of out-of-state personnel or personnel requiring lodging and meal ("per diem") expenses will not be allowed without prior written authorization by AC TRANSIT representative. Requests for such permission must be contained in OWNER's estimate of actual and necessary relocation costs. OWNER shall include an explanation why local employee or contract labor is not considered adequate for the relocation work proposed. Per Diem expenses shall not exceed the per diem expense amounts allowed under the California Department of Transportation's Department of Personnel Administration travel expense guidelines. Pursuant to Labor Code 1720(a)(1), work pertormed by OWNER's contractor is a public work and is therefore subject to prevailing wage requirements. OWNER reserves the right to request a Department of Industrial Relations (DIR) coverage decision regarding the applicability of Labor Code section 1720 (a) for Utility Relocations pertormed by contractors of OWNER. Unless a coverage decision is issued by the DIR, indicating the work pertormed by OWNER's contractors is not a public work pursuant to Labor Code section 1720, the prevailing wage language, and the applicability of prevailing wages is a requirement of the Utility Agreements. OWNER shall verify compliance with this requirement in the administration of its contracts referenced. In connection with the work under this Agreement, OWNER agrees to comply and to require its contractors to comply with Federal Transit Administration "Buy America" requirements set forth in 49 USC 5323(j) and 49 C.F.R. 661.7, subject to any waivers that may be granted by the FTA under 49 C.F.R. 661.7 or otherwise. Provided that, prior to commencement of construction of the work, if it is determined by OWNER that OWNER cannot so comply, OWNER may place the work on hold pending the FTA granting waivers or pending the parties agreeing upon other arrangements to provide for compliance.
If the final project design is not made available to OWNER prior to the date of this Agreement or changes after the date of this Agreement such that OWNER is unable to develop a list of products it will need to use for the work that is the subject of this Agreement prior to the date of this Agreement, should OWNER determine after receipt of the project design that any of the products would require a Buy America waiver of the type set forth in applicable regulations from the Federal Transit Administration, OWNER shall notify AC TRANSIT and shall not be responsible for any delays to its work hereunder that may arise due to OWNER awaiting a reply on a waiver request or pending the parties' reaching another mutually agreed upon arrangement for the product. IV.
PAYMENT FOR WORK
AC TRANSIT shall pay its share of the actual and necessary cost of the herein described work within 45 days after receipt of five (5) copies of OWNER's itemized bill, signed by a responsible official of OWNER's organization and prepared on OWNER's letterhead, compiled on the basis of the actual and necessary cost and expense incurred and charged or allocated to said work in accordance with the uniform system of accounts prescribed for OWNER by the California Public Utilities Commission, Federal Energy Regulatory Commission or Federal Communications Commission, whichever is applicable. Page 2 of 4
288
It is understood and agreed that AC TRANSIT will not pay for any betterment or increase in capacity of OWNER's facilities in the new location and that OWNER shall give credit to AC TRANSIT for the "used life" or accrued depreciation of the replaced facilities and for the salvage value of any material or parts salvaged and retained or sold by OWNER. Not more frequently than once a month, but at least quarterly, OWNER will prepare and submit progress bills for costs incurred, not to exceed OWNER's recorded costs as of the billing date less estimated credits applicable to completed work. Payment of progress bills, not to exceed the amount of this Agreement, may be made under the terms of this Agreement. Payment of progress bills which exceed the amount of this Agreement may be made after receipt and approval by AC TRANSIT of documentation supporting the cost increase and after an Amendment to this Agreement has been executed by the parties to this agreement. The OWNER shall submit a final bill to AC TRANSIT within 180 days after the completion of the work described in Section I above. If AC TRANSIT has not received a final bill within 180 days after notification of completion of OWNER's work described in Section I of this Agreement, and AC TRANSIT has delivered to OWNER fully executed Director's Deeds, Consents to Common Use or Joint Use Agreements for OWNER's facilities (if required), AC TRANSIT will provide written notification to OWNER of its intent to close its file within 30 days and OWNER hereby acknowledges, to the extent allowed by law, that all remaining costs will be deemed to have been abandoned. If AC TRANSIT processes a final bill for payment more than 180 days after notification of completion of OWNER's work, payment of the late bill may be subject to allocation and/or approval by AC TRANSIT's General Manager. The final billing shall be in the form of an itemized statement of the total costs charged to the project, less the credits provided for in this Agreement, and less any amounts covered by progress billings. However, AC TRANSIT shall not pay final bills which exceed the estimated cost of this Agreement without adequate documentation acceptable to AC TRANSIT of the reason for the increase of said cost from the OWNER and approval of documentation by AC TRANSIT. Except, if the final bill exceeds the OWNER's estimated costs solely as the result of a revised Notice to Owner as provided for in Section I, a copy of said revised Notice to Owner shall suffice as documentation. In either case, payment of the amount over the estimated cost of this Agreement may be subject to allocation and/or approval by the AC TRANSIT Board of Directors. In any event if the final bill exceeds 125% of the estimated cost of this Agreement, an Amended Agreement shall be executed by the parties to this Agreement prior to the payment of the OWNER'S final bill. Any and all increases in costs that are the direct result of deviations from the work described in Section I of this Agreement, require the prior concurrence of AC TRANSIT. Detailed records from which the billing is compiled shall be retained by OWNER for a period of three years from the date of the final payment and will be available for audit by State and/or Federal auditors. Owner agrees to comply with Contract Cost Principles and Procedures as set forth in 48 CFR, Chapter 1, Part 31, et seq., 23 CFR, Chapter 1, Part 645 and or 18 CFR, Chapter 1, Parts 101, 201, et al. If a subsequent State and/or Federal audit determines payments to be unallowable, OWNER agrees to reimburse AC TRANSIT upon receipt of AC TRANSIT billing.
V.
GENERAL CONDITIONS All costs accrued by OWNER as a result of AC TRANSIT Liability Claim Letter request of 5/28/2013 to review, study and/or prepare relocation plans and estimates for the project associated with this Agreement may be billed pursuant to the terms and conditions of this Agreement. If AC TRANSIT's Project, which precipitated this Agreement, is canceled or modified so as to eliminate the necessity of work by OWNER, AC TRANSIT will notify OWNER, in writing, and AC TRANSIT reserves the right to terminate this Agreement by Amendment. The Page 3 of4
289
.,
Amendment shall provide mutually acceptable terms and conditions for terminating the Agreement. All obligations of AC TRANSIT under the terms of this Agreement are contingent upon the acceptance of this Agreement by AC TRANSIT. OWNER shall submit a Notice of Completion to AC TRANSIT within 30 days of the completion of the work described herein. · THE ESTIMATED COST TO AC TRANSIT FOR THE ABOVE DESCRIBED WORK IS $ 19,938.85 IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year first above written. ALAMEDA CONTRA COSTA TRANSIT DISTRICT, a political subdivision of the State of California
By:
By:
Its: Its:
------------------------
---------------------------
------------------------
Date: --------------------------Date: =-="'""""'--="'"'""'='""""""""'""A'"'"'=-.'"".------PACIFIC BELL TELEPHONE COMPANY, a California corporation dba AT&T California
APPROVED AS TO FORM AND CONTENT
By:-------------------------Title: -------------------------Date: --------------------------
Page 4 of 4
290
REPORTS OF STANDING COMMITTEES
The District Secretary will report on the recommendations made by the Committees, including those items referred to the Consent Calendar Addenda.
PLEASE REFER TO THE COMMITTEE SECTIONS OF THIS AGENDA PACKAGE FOR STAFF REPORTS
291
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292
AGENDA PLANNING/ STANDING COMMITIEE PENDING LISTS
AC TRANSIT BOARD OF DIRECTORS
Monthly • Legislative Report [Updates on State, Federal, Regional and Local Legislation, including Measure Band the APTA Reauthorization process for T-4]. Annual • State/Federal Advocacy Program
l=elnwaF\' • Re~ert eR 1) tRe f~t~re ef reveR~es freFR feeleral f~ReliRg se~rees aRel Re·.v tRe seEt~ester, eeRtiR~iRg resel~tieR, aRel tRe lael( ef a feeleral e~elget iFRpaet tRe feeleral FReRey tRe 9istriet elEpeets te reeeive (s1:1eR as §~Q7 f1::1REis); aRB 2) a SeeisieR tiffieliAe eA wRat we AeeS te I~Aew aREI wAeR aAEJ Raw it will iiTlJ3aet f~:~t1::1re J:JiaRAiAg aeti'Jities lil(e tRe SRert RaRge TraRsit Pia A. [Re~1:1este8 By PresiEJeRt l=larper lQ/29/1~]
Pending Not Scheduled • Status report on the Oral History Project. [Request from Director Peeples to retain on long-term pending. Staff to continue efforts to locate funds, hire personnel utilizing grant funds, and contact local museums to determine if there is interest in taking on the project]. Planning staff to provide comments and recommendations pertaining to California Environmental Quality Act (CEQA) Reform. [Requested by Director Peeples -10/24/12] • Submission of request to hold a future California Transit Association conference in Oakland. [Requested by Director Williams- 11/14/12] • Long-range strategy to obtain better information as to why people choose not to ride the bus. [Requested by President Harper- 5/22/13]
February • Follow-up report from the Internal Audit Department regarding the costs associated with legal services provided by outside counsel. The report to provide 1) an analysis of what the outside firms were used for, 2) what kind of work was being sent out to these firms, 3) whether that was a good idea or not, and 4) whether the historical balance between what went to outside counsel and what was handled by inside counsel had changed drastically under the prior general counsel or was the same [Requested by Director Peeples - 12/12/12; Retained in Committee - 10/23/13] (Report 13268). March Informational report on post-employment benefit plans. [Requested by President Harper -11/13/13] Report on why the District's unfunded liability associated with the retirement plan has not improved over the past three years. [Requested by President Harper -11/15/13] April • Report on the programs being crafted by CARB, California Energy Commission, etc. to fund the District's fuel cell program as a result of recent legislation signed into law and what the District's plan is to apply for the funding. [Requested by Director Peeples -11/13/13] Agenda Planning
Page lof4
January 22, 2014 293
AGENDA PLANNING/ STANDING COMMITIEE PENDING LISTS
AC TRANSIT BOARD OF DIRECTORS
Finance and Audit Committee, Cont.
Development of a policy concerning ex parte communications and disclosures by Directors during the entire procurement process from issuance of an RFP, IFB, or RFQ through protest. It was suggested
that staff review the policies of the California Public Utilities Commission pertaining to ex parte situations. [Requested by Director Peeples- 9/5/12] Monthly
• •
Report on Investments Fiscal Policies (Review one per month)
Quarterly Reports (Nov, Feb, May, Aug)
•
Board/Officer Travel/Meeting Expense Employee Out-of-State Travel Surplus/Obsolete Materials Financial Performance/Quarterly Budget Update Update on DBE Goal Contracts/Purchasing Activity Report
Semi Annual Reports
•
DBE/FTA Report and Goal Update (May/Nov)
Annual Reports
•
Appropriations Limit (June); Adoption (July) Audit Engagement Letter (June) Budget Calendar (Nov) Externally Funded Welfare to Work (Nov) Parcel Tax Oversight Committee (Dec to Board) Year-End Audited Financial Statements (Nov)
Februarv
• •
Report on the reopening of Division 3. [Requested by Director Wallace- 12/12/12, 8/28/13] Report on ways to enhance operator safety. [Requested by Director Ortiz 7/31/13]
March
•
Report on the efforts that should be made to recruit, retain, and promote women at all levels of the organization. [Requested by Director Young 10/9/13]
April
Report on technology infrastructure (i.e. CAD/AVL system). [Requested by President Harper 5/22/13]- Future Boord Retreat
Agenda Planning January 22, 2014
Page 2 of 4 294
AGENDA PLANNING/ STANDING COMMITTEE PENDING LISTS
AC TRANSIT BOARD OF DIRECTORS
Operations Committee, Cont. Quarterly Reports (Nov. Feb. May. Aug) Operations Performance Report (Combination of On-Time Performance and Service Cancellations and Outlates Reports) Clipper Outreach efforts Semi Annual Reports (Feb/Aug) • Customer Service Call Center Pending Not Scheduled Request for staff investigate reports that bus stops are being painted over with grey paint and provide a report on whether there is a cost effective way to determine if these incidents were isolated or more frequent occurrences and what could be done. [Requested by Director Peeples- 7/9/11] Report on the savings associated with the October service cuts. [Requested by Director Harper 2/23/11] • Report on the closure of the print shop. Retained in Committee pending further study of the placement of Print Shop employees into other positions, the anticipated cost savings, capital investments and useful life of capital equipment, and to explore whether the Print Shop can in-source work from outside of AC Transit (Retained in Committee 8/15/12). Implementation of a District-wide calendaring system to track contracts, license renewals, etc. [Requested by Director Peeples- 4/25/12] • Discussion regarding suggestions for a Board Policy on exit interviews and to what extent those interviews, and the reporting thereof, should be different if the person who exited reports directly to a Board Officer. [Requested by Director Peeples- 11/14/12] • Investigate the creation of a District store which would have hats, clothing and other items available or sale. [Requested by Director Williams -8/28/13] Report on strategies to improve access to Clipper, i.e. increasing locations, marketing, and a shortterm discount ride program. [Requested by Director Davis -11/13/13]
PLANNING COMMITTEE March • Development of a policy to officially require regular ridership surveys every four or five years. [Requested by Director Peeples- 6/24/09] Will go to the Boord with the on-board survey award. April Report on AC Transit's attitude toward shuttles. [Requested by Director Harper - 5/9/12] To be Discussed at April Boord Retreat Quarterly Reports (Nov. Feb. May. Aug) • Bus Rapid Transit Project • MTC Sustainability Process • Trans bay Transit Center Project
Agenda Planning
Page 3 of4
January 22, 2014 295
AGENDA PlANNING/ STANDING COMMITIEE PENDING liSTS
AC TRANSIT BOARD OF DIRECTORS
Planning Committee, Cont. •
Update on District Involvement in External Planning Processes. ·:· lake Merritt Area Plan [Requested by Director Peeples- 3/9/11] •!• Oak to 9'h Street project and details of the commitments made by and to Signature Properties [Requested by Director Peeples- 3/25/06]
Annual Reports Update on CARB (Jun) Update on Service and Operations Special District 2 (Oct) Pending Not Scheduled Update of the Designing with Transit document which is to include the development of bus shelter design standards. [Requested by Director Peeples -10/27/10] Review Board Policy 163 with respect to environmental issues. (Board Policy 512) [Requested by Director Peeples] Amendments to Board Policy 550 - Service Standards and Design. [Requested by the Board 12/17/08] Report on the implications of a study by the California Transportation Commission on anticipated transportation needs in California and the implications to AC Transit. [Requested by Director Peeples11/16/11] Report Due Upon Conclusion of the Tri-Valley Transit Study: Report on how to better serve lower density diffuse communities and increase the use of public/private shuttles, including: ·:· General Purpose Demand Rapid Transit [Requested by Director Davis -1/28/09] + Trends regarding the use of private shuttles, carpools, van pools and taxis to serve the public and how it has changed over time [Requested by Director Davis- 2/9/11] • Update on the status of the customer satisfaction survey. Matter was retained in committee on July 9, 2008 pending receipt of proposed survey. On 9/30/09 Director Peeples requested the report include staff's analysis of surveys conducted in Europe, specifically surveys conducted in Helsinki Finland, to determine how surveys can be done cheaper, better and more often. [Requested by Director Peeples -5/28/08] Report on the feasibility of cancelling the Bus Rapid Transit Project. [Requested by Director Peeples7/31/13]
Agenda Planning
Page 4 of4
January 22, 2014
296
