Chair, Christina Fugazi, City of Stockton Commissioner, Nancy Young, City of Tracy Vice Chair, Leo Zuber, City of Ripon Commissioner, Bob Elliott, San Joaquin County Commissioner, Debby Moorhead, City of Manteca Commissioner, Scott Haggerty, Alameda County Commissioner, Doug Kuehne, City of Lodi Commissioner, John Marchand, City of Livermore
Executive Director, Stacey Mortensen
SAN JOAQUIN REGIONAL RAIL COMMISSION TELECONFERENCE BOARD MEETING
Call-In Information: 1 (646) 749-3122 Conference Access Code: 782-179-269 GoToMeeting Link: https://www.gotomeet.me/acerail/sjrrc-june-board-meeting
SPECIAL NOTICE Coronavirus COVID-19
In accordance with the Governor’s Executive Order N-29-20, San Joaquin Regional Rail Commission Board Members will be attending this meeting via teleconference. Members of the public may observe the meeting by dialing 1 (646) 749-3122 with access code: 782-179- 269 or log-in using a computer, tablet or smartphone at GoToMeeting.com using link: https://www.gotomeet.me/acerail/sjrrc-june-board-meeting.
Please note that all members of the public will be placed on mute until such times allow for public comments to be made. If a person wishes to make a public comment during the meeting, to do so they must either 1) use GoToMeeting and will have the option to notify SJRRC staff by alerting them via the “Chat” function or they can 2) contact SJRRC staff via email at [email protected] in which staff will read the comment aloud during the public comment period. Public comments will be limited to two (2) minutes per comment.
This Agenda shall be made available upon request in alternative formats to persons with a disability, as required by the Americans with Disabilities Act of 1990 (42 U.S.C. § 12132) and the Ralph M. Brown Act (California Government Code § 54954.2). Persons requesting a disability related modification or accommodation in order to participate in the meeting should contact San Joaquin Regional Rail Commission (SJRRC) staff, at (209) 944-6220, during regular business hours, at least twenty-four hours prior to the time of the meeting.
All proceedings before the Commission are conducted in English. Anyone wishing to address the SJRRC Board is advised to have an interpreter or to contact SJRRC during regular business hours at least 48 hours prior to the time of the meeting so that SJRRC can provide an interpreter. Any writings or documents provided to a majority of the Commission regarding any item on this agenda will be made available upon request in both English and Spanish for public inspection at the Office of the Executive Director located at 949 East Channel Street, Stockton, California, 95202 during normal business hours or by calling (209) 944-6220. The Agenda is available on the San Joaquin Regional Rail Commission website: www.acerail.com.
June 5, 2020 – 8:00 am
949 East Channel Street Stockton, CA 95202 (800) 411-RAIL (7245) www.acerail.com
1. Call to Order, Pledge of Allegiance, Roll Call Chair Fugazi
Roll Call: Haggerty, Marchand, Elliott, Moorhead, Young, Kuehne, Zuber, Chair Fugazi
Ex- Officios: Chesley, Salazar, Zoslocki, McElhinney
2. Public Comments Persons wishing to address the Commission on any item of interest to the public regarding rail shall state their names and addresses and make their presentation. Please limit presentations to two minutes. The Commission cannot take action on matters not on the agenda unless the action is authorized by Section 54954.2 of the Government Code. Materials related to an item on the Agenda submitted to the Board of Directors after distribution of the agenda packet are available for the public inspection in the Commission Office at 949 E. Channel Street during normal business hours. These documents are also available on the San Joaquin Regional Rail Commission website at https://acerail.com/board-of-directors/ subject to staff’s ability to post the documents prior to the meeting.
3. Consent Calendar 3.1 Minutes of SJRRC Board Meeting May 1, 2020 ACTION 3.2 Rail Commission/ACE Monthly Expenditure INFORMATION 3.3 ACE Monthly Fare Revenue INFORMATION 3.4 ACE Ridership INFORMATION 3.5 ACE On-Time Performance INFORMATION 3.6 Update on Positive Train Control INFORMATION 3.7 Washington Update INFORMATION 3.8 Approve a Resolution of the Board of Commissioners of the San ACTION Joaquin Regional Rail Commission Adopting Fiscal Year 2019/2020 Budget Amendment #2: a) Reducing Fare Revenue from $10.5 million to $8.2 million and adding the Federal Transit Administration (FTA) Coronavirus Aid, Relief, and Economic Security (CARES) Act for $2.3 million
3.9 Approve a Resolution of the Board of Commissioners of the San ACTION Joaquin Regional Rail Commission Authorizing the Extension of Budgetary Authority through August 7, 2020 at a Monthly Rate for Operations and Capital as Approved for Fiscal Year 2019/2020
4. Status of COVID-19 Impacts and Relief Funding INFORMATION (Stacey Mortensen)
5. ACE COVID-19 Passenger Health and Safety Survey Results INFORMATION (David Lipari)
6. Draft 2020/2021 Work Program and Budget INFORMATION (Stacey Mortensen/Brian Schmidt/Kevin Sheridan)
7. Approve a Resolution of the Board of Commissioners of the San ACTION Joaquin Regional Rail Commission Approving Professional and Contracted Service Amendments for Fiscal Year 2019/2020 and Authorizing and Directing the Executive Director to Execute All Agreements and Amendments Not-To-Exceed the Following Amounts:
a. Allied Universal for Security Services = $338,825 b. Marsh Wortham for Insurance Broker Services = $150,000 c. Masabi, LLC for Mobile Ticketing Services = $12,000, plus 5.95% Transaction Fees of the Gross Ticket Sales d. Lisa and Dirk Lorenz for Ticketing Services = $106,116 (Autumn Gowan) (All Voting Members)
8. Approve a Resolution of the Board of Commissioners of the San ACTION Joaquin Regional Rail Commission Approving an Agreement for Crew Layover Lodging Services to Marriott San Jose Downtown for an Amount Not-To-Exceed $672,897 total from July 1, 2020 through June 30, 2021, and Authorizing the Executive Director to Execute Any and All Necessary Documents (Brian Schmidt/Autumn Gowan) (Regular Voting Members)
9. Commissioner’s Comments
10. Ex-Officio Comments
11. Executive Director’s Report
12. CLOSED SESSION: PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: Executive Director
13. Adjournment The next regular meeting is scheduled for: July 3, 2020 – 8:00 am Robert J. Cabral Station 949 East Channel Street Stockton, CA 95202 SAN JOAQUIN REGIONAL RAIL COMMISSION Meeting of June 5, 2020
Item 3.1 ACTION Minutes of SJRRC Board Meeting May 1, 2020 The regular meeting of the San Joaquin Regional Rail Commission was held at 8:00 am, April 3, 2020 via teleconference. 1 Call to Order, Pledge of Allegiance, Roll Call
Chair Fugazi called the meeting to order at 8:00 am and led the audience in the pledge of Allegiance. Commissioners Present: Haggerty, Marchand, Kuehne, Elliott, Young, Zuber, Chair Fugazi Commissioners Absent: Moorhead
Ex-Officio Members Present: Mr. Chesley, Mr. McElhinney, Mr. Zoslocki
2 Public Comments No public comments were made.
Chair Fugazi announced that Item 9 was pulled from the agenda.
3 Consent Calendar
3.1 Minutes of SJRRC Board Meeting April 3, 2020 ACTION 3.2 Rail Commission/ACE Monthly Expenditure INFORMATION 3.3 ACE Monthly Fare Revenue INFORMATION 3.4 ACE Ridership INFORMATION 3.5 ACE On-Time Performance INFORMATION 3.6 Update on Positive Train Control INFORMATION 3.7 Washington Update INFORMATION
M/S/C (Marchand/Young) Approve the Consent Calendar. Passed and Adopted by the San Joaquin Regional Rail Commission on the 1st day of May, 2020 by the following vote to wit:
AYES: 7 Haggerty, Marchand, Kuehne, Elliott, Young, Zuber, Chair Fugazi
NOES: 0 ABSTAIN: 0 ABSENT: 1 Moorhead
4 Status of COVID-19 Impacts and Relief Funding INFORMATION
Ms. Mortensen did a presentation on this item.
Chair Fugazi inquired if any staff had to be quarantined due to COVID-19. Ms. Mortensen stated that no staff have been affected by COVID-19.
Mr. Wolfe inquired if San Joaquin County was sheltering in place. Ms. Mortensen responded that the county does have a shelter-in-place order.
5 Assumptions for the Draft Capital and Operating Budgets for Fiscal INFORMATION Year 2020/2021
Mr. Schmidt, Mr. Perez and Mr. Peterson did a presentation on this item.
There were no comments on this item.
6 Approve a Resolution of the Board of Commissioners of the San Joaquin ACTION Regional Rail Commission Approving an Agreement with Edgeworth Integration, LLC. Dba VAS Security Systems, Inc. for Security Camera Equipment, Installation and Maintenance and Associated Costs Not-To- Exceed $319,961 and Authorizing the Executive Director to Execute Any and All Necessary Documents
Ms. Rasheed and Ms. Gowan did a presentation on this item.
Commissioner Marchand inquired about the amount of cameras at the Livermore station. Ms. Rasheed stated that the camera amounts were subject to change based off the need at each station and the updated camera technology. Ms. Mortensen added that the current amount of cameras were due to the parking lot sizes as well.
Commissioner Haggerty asked for clarity in terms of ensuring all station included in the staff report will not be excluded to receiving the updated equipment. Ms. Rasheed confirmed that all stations included in the staff report will receive the updated equipment.
Commissioner Elliott inquired about the purchasing of equipment. Ms. Rasheed explained the reasoning regarding purchasing the equipment in the first phase and installing the new equipment in the second and third phase.
Commissioner Marchand inquired about the reasoning regarding purchasing the equipment first. Ms. Rasheed elaborated on the time constraints involving the funding source used to purchase the equipment. Vice-Chair Zuber inquired about the length of the contract. Ms. Gowan stated that it is a three-year contract with two additional option years.
Mr. Zoslocki inquired about new cameras for stations located in Stanislaus County for the Valley Rail Program. Ms. Rasheed stated an option for the Valley Rail Program stations was included in the RFP.
M/S/C (Haggerty/Zuber) Approve a Resolution of the Board of Commissioners of the San Joaquin Regional Rail Commission Approving an Agreement with Edgeworth Integration, LLC. Dba VAS Security Systems, Inc. for Security Camera Equipment, Installation and Maintenance and Associated Costs Not-To-Exceed $319,961 and Authorizing the Executive Director to Execute Any and All Necessary Documents. Passed and Adopted by the San Joaquin Regional Rail Commission on the 1st day of May, 2020 by the following vote to wit:
AYES: 7 Haggerty, Marchand, Kuehne, Elliott, Young, Zuber, Chair Fugazi NOES: 0 ABSTAIN 0 ABSENT: 1 Moorhead
7 Approve a Resolution of the Board of Commissioners of the San Joaquin INFORMATION Regional Rail Commission Approving a Reimbursement Agreement with Union Pacific Railroad for Preliminary Design for the Lathrop Wye Track Extension Project for an Amount Not-to-Exceed $500,000 and Authorizing the Executive Director to Execute Any and All Documents Related to the Project
Mr. Sheridan did a presentation on this item.
M/S/C (Zuber/Young) Approve a Resolution of the Board of Commissioners of the San Joaquin Regional Rail Commission Approving a Reimbursement Agreement with Union Pacific Railroad for Preliminary Design for the Lathrop Wye Track Extension Project for an Amount Not- to-Exceed $500,000 and Authorizing the Executive Director to Execute Any and All Documents Related to the Project. Passed and Adopted by the San Joaquin Regional Rail Commission on the 1st day of May, 2020 by the following vote to wit:
AYES: 5 Kuehne, Elliott, Young, Zuber, Chair Fugazi
NOES: 0 ABSTAIN 0 ABSENT: 1 Moorhead
8 Approve a Resolution of the Board of Commissioners of the San Joaquin ACTION Regional Rail Commission Authorizing the Executive Director to Submit and Execute Any and All Grant Applications, Agreements, Certifications and Assurances and Any Other Documents Necessary to Claim $534,417 from the Low Carbon Transit Operations Program (LCTOP) for the ACE Means-Based Discounted Ticketing Program
Mr. Peterson and Mr. Gutierrez did a presentation on this item.
Commissioner Elliott inquired about the process of the program. Mr. Gutierrez explained the process.
Commissioner Kuehne commended staff on this item.
Commissioner Young inquired about the locations of this program. Mr. Gutierrez explained the reasoning behind the locations and added that pop up locations will be added as well as accessibility to apply for the program online.
Chair Fugazi commended staff on this item.
Mr. Zoslocki commended the program.
Ms. Robles inquired about the amount of the tickets for families. Mr. Gutierrez stated staff will look into the tickets for families and report back.
M/S/C (Haggerty/Young) Approve a Resolution of the Board of Commissioners of the San Joaquin Regional Rail Commission Authorizing the Executive Director to Submit and Execute Any and All Grant Applications, Agreements, Certifications and Assurances and Any Other Documents Necessary to Claim $534,417 from the Low Carbon Transit Operations Program (LCTOP) for the ACE Means-Based Discounted Ticketing Program. Passed and Adopted by the San Joaquin Regional Rail Commission on the 1st day of May, 2020 by the following vote to wit:
AYES: 7 Haggerty, Marchand, Kuehne, Elliott, Young, Zuber, Chair Fugazi NOES: 0 ABSTAIN 0 ABSENT: 1 Moorhead
10 Commissioner’s Comments
Commissioner Young thanked staff for their work.
Chair Fugazi also thanked staff and mentioned the City of Stockton sent in a letter of support regarding the Stockton Diamond Grade Separation Project. 11 Ex-Officio Comments
Mr. Chesley thanked the Rail Commission staff and the Transit District staff for their coordination and work regarding the CARES Act funding.
Mr. McElhinney commented on the Caltrans ITSP plan. Mr. McElhinney mentioned Caltrans has released the Transportation Impact Analysis which can be found online. Mr. McElhinney also updated the status on the Caltrans letter of support for the Rail Commission’s BUILD Grant application for the Stockton Diamond Grade Separation Project.
Mr. Zoslocki thanked the Rail Commission staff for coordinating the telecommute meetings.
12 Executive Director’s Report
There were no comments on this item.
13 CLOSED SESSION: PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: Executive Director
There was no reportable action on this item.
14 Adjournment
The meeting was adjourned at 9:54 am. The next regular meeting is scheduled for: June 5, 2020 – 8:00 am Robert J. Cabral Station 949 E. Channel Street Stockton, CA 95202
Item 3.2
San Joaquin Regional Rail Commission Altamont Corridor Express Operating and Capital Expense Report March 2020 75% of Budget Year Elapsed
SJRRC EXPENSE % ACE EXPENSE % FY 19-20 TO SPENT FY 19-20 TO SPENT OPERATING EXPENSES ALLOCATION DATE TO DATE ALLOCATION DATE TO DATE
Project Management, Services & Supplies Subtotal 1,934,892 1,031,861 53% 5,839,961 2,500,462 43% Contracted Services Subtotal 459,323 197,434 43% 21,262,253 13,737,039 65% Shuttle Services 1,354,855 1,016,141 75% TOTAL OPERATING EXPENSES 2,394,215 1,229,295 51% 28,457,069 17,253,642 61%
CAPITAL EXPENSE FY 19-20 TO SPENT CAPITAL PROJECTS ALLOCATION DATE TO DATE SAN JOAQUIN RAIL COMMISSION 1 East Channel Street Improvements 350,000 138,329 40% 2 Robert J. Cabral Station Expansion 1,345,761 137,751 1% 3 SJRRC Maintenance Vehicles 150,000 - 0% TOTAL CAPITAL PROJECT SJRRC $ 1,845,761 $ 276,079 15%
ALTAMONT CORRIDOR EXPRESS 1 SJ COG Loan Repayment 1,118,012 1,118,012 100% 2 A1 & A2 Bond Repayment 3,038,212 622,448 20% 3 UPRR Capital Access Fee 3,566,768 3,242,516 91% 4 UPRR Capitalized Maintenance Projects 4,400,000 840,129 19% 5 UPRR Safety Fund 500,000 - 0% 6 ACE Extension Natomas to Stockton 5,000,000 39,222 1% 7 ACE Extension Lathrop to Ceres/Merced 10,000,000 1,261,568 13% 8 Locomotives (4) 6,063,042 4,593,214 76% 9 Platform Extension Projects 7,900,000 176,749 1% 10 Cabral Track Extension 10,021,409 200,652 1% 11 Positive Train Control 1,681,304 436,015 1% 12 Rail Cars (5) 12,000,000 - 0% 13 Railcar Midlife Overhaul 7,700,000 15,788 0% 14 Sunol Quiet Zone Quad Gates 555,835 45,692 8% 15 Facility Upgrades and Capital Improvements 129,268 10,664 8% 16 Lathrop/Manteca Station Improvements 904,025 - 0% 17 Tracy ACE Station Improvements 285,432 157,713 55% 18 Lyoth Derail 500,000 - 0% 19 Capital Spares 914,414 484,568 53% 20 Safety/Security Projects 796,508 269,733 34% 21 E-Ticketing 100,000 - 0% 22 Short Range Transit Plan 26,123 - 0% 23 Public Information Display Systems (PIDS) 700,000 - 0% 24 Network Integration 1,000,000 289,140 29% TOTAL CAPITAL PROJECTS ACE $ 78,900,352 $ 13,803,824 17%
TOTAL CAPITAL PROJECTS SJRRC & ACE $ 80,746,113 $ 14,079,904 17% Status of Capital Projects - Notes As of May 2020 SAN JOAQUIN RAIL COMMISSION 1 East Channel Street Improvements - SJRRC received $2 million from the San Joaquin Council of Governments’ Measure K funds to improve the pedestrian and bicycle access along Channel Street between the Downtown Transit Center and Cabral Station. SJRRC has begun the environmental clearance and final design for the project, which is anticipated to be completed in 2020. Construction is slated to begin FY 2020/2021. 2 Robert J. Cabral Parking Lot Expansion -Project will construct a new parking lot at the site of the old Western Pacific depot in Stockton, as well as reconstruct the building. Environmental work has been completed and design is underway for the parking lot and building reconstruction. 3 SJRRC Maintenance Vehicles - The purchase of the vehicles was approved at the March 6th Board Meeting. April - a forced majur letter was received by the manufacturer stating a 4 - 6 week delay due to plant closures caused by the COVID-19 pandemic.
ALTAMONT CORRIDOR EXPRESS 1 SJ COG Loan Repayment - Annual payment made July 1, 2019 per SJCOG amended loan agreement. 2 Bond Repayments - Bond repayments are made bi-annually, payments FY 19-20 are due in October 2019 and April 2020. 3 UPRR Capital Access Fee - Payment for calendar year 2020 paid in two installments. First payment to be processed in January 2020 and second payment in May 2020 4 UPRR Capitalized Maintenance Projects - Multi-year project is budgeted at $4,000,000 for the year. Invoices are received throughout the year. 5 UPRR Safety Fund - Ongoing project. Invoice expected to be received FY 19-20.
6 ACE Extension Natomas to Stockton - Environmental work for the project is currently underway. The draft Environmental Impact Report (EIR) was released on March 31, 2020. 7 ACE Extension Lathrop to Ceres/Merced - The Environmental Impact Report (EIR) was certified in August 2018. Final design is currently underway for individual projects along the corridor. 8 Locomotives (4) - All four (4) locomotives have been delivered and have been conditionally accepted. Staff is awaiting the final CARB engine certification from Siemens. This will trigger BAAQMD to release the Air District funds. COVIS-19 may cause a delay in receiving CARB certification. The units are expected to be in revenue service by the middle of May.
9 Platform Extension Projects - Multi-year project to extend the existing Lathrop/Manteca, Tracy, Vasco, Livermore, and Pleasanton platforms. A contract for final design was approved in May 2018 and is currently under review by Union Pacific. Environmental and design are currently underway for construction of a 400-foot platform extension at the Fremont ACE Station.
10 Cabral Track Extension - Staff is coordinating with FTA to finalize environmental approval and move forward with final design. In March, SJRRC received a determination of no adverse effect to historic properties from the State Historic Preservation Officer (SHPO). The NEPA Categorical Exclusion was submitted to FTA for approval. Coordination with Union Pacific on design review is ongoing.
11 Positive Train Control - Multi-year project and work in progress until Caltrain and UPRR are fully FRA compliant, or December 31st, 2020, whichever comes first. On-board equipment installation is complete and the Hosted Back Officer Server is operational. PTC is operating as designed on the UPRR and Caltrain corridors which ACE operates on.
12 Rail Cars - A contract with Bombardier was Approved at the April 2020 SJRRC Board meeting. The first invoice for approximately $16 million is expected in May 2020. This is a Multi-year project for the procurement of five (5) passenger rail cab cars and 12 passenger coach cars. Delivery of the first cars is scheduled for June 2022. 13 Railcar Midlife Overhaul - Herzog has begun midlife overhauls of ACE’s fleet of 30 railcars.
14 Sunol Quiet Zone - Construction has been completed but to address public concerns, revisions need to be made. Design for the revised project, Four Quadrant Gates on Main Street Sunol, is underway. 15 Facility Upgrades and Capital Improvements - Currently ongoing 16 Lathrop/Manteca Station Improvements - Contract was awarded at the May 3rd 2019 Board meeting. Environmental and design are complete. An invitation for bid was released in early May to complete construction. 17 Tracy ACE Station Improvements - Contract was awarded at the May 3rd 2019 Board meeting. Environmental and design are currently underway. 18 Lyoth Derail - Installation of electric-powered derails near the Tracy ACE Station. Coordination with UPPR is currently underway. 19 Capital Spares - Preventative Maintenance is ongoing. 20 Safety and Security/Video Cameras - The camera security project for the Fremont Station was awarded in June 2018 and is in t ti 21 E-Ticketing - Multi-year pilot project is currently ongoing. A contract for the implementation of the Altamont Corridor Express Mobile Ticketing System was approved in May 2018. Full roll out release as of April 2019. As of February, the mobile ticketing program has seen an almost 30% adoption rate and the rate continues to increase.
22 Short Range Transit Plan - Update to FY 2018 - FY 2027 SRTP is ongoing. 23 Public Information Display System (PIDS) - Currently ongoing project, PIDS system gives the ability to send train status and general information to ACE stations.
24 Network Integration - Planning consulting services of integrating the ACE and SJJPA services with high-speed rail and other rail transit services. Fare Revenue Item 3.3
1,000,000
750,000
500,000
250,000
0 Jul-19 Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 FY TOTAL FY 19-20 Fare Revenue 1,038,170 912,427 968,729 1,052,213 816,770 822,711 1,040,903 886,822 508,212 92,227 - - 8,139,184 FY 18-19 Fare Revenue 1,002,921 949,503 901,396 1,049,117 856,601 756,642 970,009 837,812 932,548 990,292 933,163 749,631 10,929,633
% of Budget Year Elapsed: 75% FY 19-20 % of Budgeted Fare Revenue Received to Date 76.5% Projected Annual Fare Revenue: $10,500,000 Ridership Item 3.4
170,000
160,000
150,000
140,000
130,000
120,000
110,000
100,000
90,000
80,000
70,000
60,000
50,000
40,000
30,000
20,000
10,000
- Jul-19 Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 FY TOTAL FY 19/20 Ridership 122,770 133,972 124,677 141,701 114,973 101,363 126,661 114,984 53,665 7,252 - - 1,042,018 FY 18/19 Ridership 120,779 137,442 122,227 151,604 122,880 98,973 127,130 114,725 125,199 131,558 141,113 112,573 1,506,203 ACE ON TIME PERFORMANCE
100
90
80
70
60 OTP% 50
40
30
20
10
0 Apr-19 May-19 Jun-19 Jul-19 Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 Item 3.5 Monthly OTP % 81.61 84.09 85.53 86.75 78.98 85.8 86 88.1 85.23 59.04 56.67 86.47 96.81 YTD OTP % 67.37 70.85 73.09 75.04 75.56 76.75 77.83 78.75 79.3 59.04 57.85 66.98 71.45 SAN JOAQUIN REGIONAL RAIL COMMISSION Meeting of June 5, 2020
STAFF REPORT
Item 3.6 INFORMATION Update on Positive Train Control
With the installation of new on-board software ACE train delays associated with Positive Train Control (PTC) continue to be down to less than a minute.
Communications to Passengers: Staff continues to provide passengers with updated information regarding the delays using the following channels: • ACE Website • Social Media (Facebook and Twitter) • Onboard announcements
Coordination with UPRR, Caltrain and the Federal Railroad Administration (FRA): Staff continue bi-weekly conference calls/meetings with UPRR and Caltrain, and regular calls with the FRA on PTC.
ACE is fully PTC operational over the entire 86-mile ACE corridor.
UPRR and Caltrain are continuing to make progress on becoming fully interoperable with all their tenants prior to January 1, 2021. Neither Railroad is identified by the FRA as being at risk of not meeting the deadline.
Tai Ginsberg & Associates, LLC Buchanan Ingersoll & Rooney PC 810 7th Street, NE 1700 K Street, NW, Suite 300 Washington, DC 20002 Washington, DC 20006 T 202 415 9703 T 202 452 7900
TO: San Joaquin Regional Rail Commission (SJRRC) FROM: TG&A Staff SUBJECT: Monthly Progress Report for MAY 2020 DATE: May 28, 2020
THE ADMINISTRATION/EXECUTIVE BRANCH May 19, 2020. President Donald Trump signed an Executive Order directing Agencies to address the coronavirus pandemic economic emergency by rescinding, modifying, waiving, or providing exemptions from regulations and other requirements that may inhibit economic recovery and to promote job creation and economic growth, insofar as doing so is consistent with the law.
May 15, 2020. President Donald Trump ANNOUNCED his intent to nominate Eric J. Soskin, of Virginia, to be Inspector General, Department of Transportation. See Congressional Research Service REPORT entitled, “Presidential Removal of IGs Under the Inspector General Act.”
May 14, 2020. The Administration issued a STATEMENT OF ADMINISTRATIVE POLICY (SOAP) opposing H.R. 6800, the Health Economic Recovery Omnibus Emergency Solutions (Heroes) Act noting, “This proposed legislation, however, is more concerned with delivering on longstanding partisan and ideological wish lists than with enhancing the ability of our Nation to deal with the public health and economic challenges we face.” Moreover, the SOAP continued by stating, “If H.R. 6800 were presented to the President, his advisors would recommend that he veto the bill.”
2019-2020 TRANSPORTATION-RELATED NOMINATIONS/CONFIRMATIONS/RESIGNATIONS Type in name at this URL: Nominations Since the April 2020 Report, following are the only changes (RED TYPE) in status to transportation-related nominees. A full 2019/2020 listing of “Nominations” is available from TG/&A upon request. NOMINEE US DOT ADMINISTRATOR / OTHER STATUS Ms. Diana Furchtgott-Roth Assistant Sec. of Transportation Senate Commerce Committee approved 4/3/19, YEAs 14-NAYs 12. Roth. 2./ Placed on Senate Executive Calendar on 4/3/19. Returned to the President under the provisions of Senate Rules – 1/3/20. Re- nominated by the President 2/27/2020 and Received in the Senate on 2/27/2020 and referred to the Committee on Commerce, Science, and Transportation. Approved by Senate Committee on Commerce, Science and Transportation on 5/20/2020. Nomination advances to the Senate floor. Mr. Finch Fulton Assistant Secretary of Transportation President Trump announced his intent to nominate on 12/9/2019. Fulton 2./ Nomination received in the Senate and referred to the Committee on Commerce, Science, and Transportation on 12/9/2019. Returned to the President under the provisions of Senate Rules – 1/3/20. Received in the Senate on 1/28/2020 and referred to the Committee on Commerce, Science, and Transportation. Committee on Commerce, Science, and Transportation held a hearing on 3/11/2020. Approved by Senate Committee on Commerce, Science and Transportation on 5/20/2020. Nomination advances to the Senate floor.
Mr. Joel Szabat Under Secretary of Transportation for President Trump announced his intent to Nominate on Of Maryland Policy. [Joel Szabat is currently the 4/20/2020. Nomination received in the Senate on 5/4/2020 and Szabat Assistant Secretary of Transportation referred to the Committee on Commerce, Science, and for Aviation and International Affairs.] Transportation.
APPROPRIATIONS/BUDGET May 18, 2020. The Congressional Research Service released an updated REPORT entitled, “Transportation, Housing and Urban Development, and Related Agencies (THUD) Appropriations for FY2020: In Brief.”
May 12, 2020. The US Department of the Treasury released their “Monthly Treasury Statement Receipts and Outlays of the United States Government For Fiscal Year 2020 Through April 30, 2020, and Other Periods” and noted that, “Outlays for April totaled $980 billion, an increase of $604 billion over April 2019, largely due to the release of assistance related to the COVID-19 outbreak. April receipts of $242 billion were $294 billion lower than April 2019 ($535.5 billion) as certain taxes from individuals and corporations were deferred until July, and other provisions in recent legislation impacted receipts.” Consequently, the budget deficit increased to a record $1.935 trillion in the 12 months through April and shot to $738 billion for the month of April 2020.
April 30, 2020. The Wall Street Journal (WSJ) reported that “the U.S. economy in the first quarter shrank at its fastest pace since the last recession as the coronavirus pandemic shut down large parts of the country, ending the longest economic expansion on record.” The WSJ continued by reporting the Commerce Department noting that gross domestic product, the broadest measure of goods and services produced across the economy, contracted at a seasonally and inflation adjusted annual rate of 4.8 percent in the first three months. That decline marks the beginning of a near-certain recession, economists say, and is the biggest drop in quarterly economic output since the fourth quarter of 2008. Meanwhile, Federal Reserve Chairman Jerome Powell is calling for Congress and the White House to spend more money to prevent deeper economic damage from the coronavirus pandemic. See Fed Federal Open Market Committee PRESS RELEASE to implement monetary policy decisions.
SELECTED CONGRESSIONAL HEARINGS/BUSINESS May 20, 2020. The Senate Committee on Commerce Science and Transportation held an executive session hearing to markup and consider several legislative measures, nominations, and Coast Guard promotions. Several bills of interest include: S 3681 - favorably reported (Restoring Safety in the Skies Act of 2020), and S 3729 - favorably reported (Motor Carrier Safety Grant Relief Act of 2020). Nominations of interest include: Finch Fulton, of Alabama – favorably approved, to be an Assistant Secretary of Transportation, Diana Furchtgott-Roth, of Maryland - favorably approved, to be an Assistant Secretary of Transportation. If approved, the nominees would advance to the Senate floor, where Republican leaders likely would schedule a vote to confirm. Committee Link.
May 19, 2020. House Committee on Transportation and Infrastructure Chairman Peter DeFazio (D-OR) and several other House Democratic leaders wrote a LETTER to US DOT Secretary Elaine Chao voicing their opposition to President Trump’s removal of long-time public servant Mitch Behm from his position as Acting Inspector General of the Department of Transportation (DOT). Moreover, the signatories of the letter emphasized their opposition to President Trump’s selection of Howard Elliott, the Administrator of the Pipeline and Hazardous Materials Safety Administration (PHMSA), to replace Mr. Behm as Acting Inspector General. The signatories also sent a LETTER to Howard R. Elliott, Acting US DOT Inspector General.
May 15, 2020. The U.S. House of Representatives passed the “Health and Economic Recovery Omnibus Emergency Solutions Act’’ or the “HEROES Act” making emergency supplemental appropriations ($3 trillion with $1 trillion in direct aid to states and localities) for FY 2020, regarding COVID-19. See Addendum A for a complete summary.
May 13, 2020. House Select Subcommittee on the Coronavirus Crisis which oversees the federal response to COVID-19 held its first hearing with five public health experts. The Committee was established via H Res 935.
SELECTED CONGRESSIONAL “TRANSPORTATION-RELATED” BILLS – MAY HOUSE & SENATE - CORONAVIRUS (COVID-19) LEGISLATION Also, See Addendum B. – Compilation of COVID-19 Links – at end of report. HR 6965 S. Cohen (D-TN) To provide for cash refunds for S TBA B. Menendez (D-NJ) and B. Cassidy (R-LA) “State and canceled airline flights and tickets during the Municipal Assistance for Recovery and Transition COVID-19 emergency. Introduced 5/22/2020. Press Release (SMART) Act.” $500 billion in emergency funding to every state, county and community in the country, while prioritizing assistance to the areas with the greatest need. Introduced 5/18/2020. HR 6800 N. Lowey (D-NY) “Health and Economic Recovery S Res 580 K. Harris (D-CA) A resolution condemning all forms of Omnibus Emergency Solutions Act’’ or the anti-Asian sentiment as related to COVID-19. Introduced Sec. X Sec. “HEROES Act.” Making emergency supplemental 5/14/2020. Summary appropriations ($3 trillion with $1 trillion in direct aid to states and localities) for FY 2020 regarding State/Local COVID-19. Introduced 5/12/2020. DeFazio PR. Provisions Passed the House on 5/15/2020 208 to 199. Summary HR 6880 E. Slotkin (D-MI) To direct FEMA to coordinate S 3730 D. Sullivan (R-AK) A bill to amend US Code to authorize the development of plans, designs, and guidance and modernize the registered traveler program of the relating to the production of certain homeland TSA. Introduced 5/13/2020. security-critical supplies to address national emergencies/disasters. Introduced 5/14/2020.
HR 6853 D. Phillips (D-MN) To mobilize individuals in the S 3729 R. Wicker (R-MS) “Motor Carrier Safety Grant Relief Act of US in the fight against coronavirus by expanding 2020.” To provide relief for the recipients of financial volunteer opportunities in AmeriCorps, assistance awards from the FMCSA. Introduced 5/13/2020. expanding employment opportunities at the Approved by the Senate Committee on Commerce Science FEMA, and utilizing the expertise of Peace Corps and Transportation on 5/0/2020. volunteer leaders whose service ended on March 15, 2020. Introduced 5/13/2020. HR 6828 A. Ocasio-Cortez (D-NY) To direct FEMA to S 3728 R. Wicker (R-MS) To require US DOT to support the efforts of establish a fund to provide financial assistance State and local governments to provide for priority testing of for funeral expenses related to a deceased essential critical infrastructure workers with respect to individual who died of COVID-19. Introduced COVID-19. Introduced 5/13/2020. 5/12/2020. HR 6711 J. Crow (D-CO) To provide for the expedited and S 3727 E. Markey (D-MA) To provide for cash refunds for canceled transparent procurement and distribution of airline flights and tickets during the COVID-19 emergency. equipment and supplies needed to combat Introduced 5/13/2020. COVID-19. Introduced 5/5/2020. HR 6669 P. DeFazio (D-OR) “COVID–19 Cost Share S 3681 E. Markey (D-MA) To require a joint task force on the Adjustment Relief Act of 2020.” Introduced operation of air travel during and after COVID-19 pandemic. 5/1/2020. Introduced 5/11/2020. Approved by the Senate Committee on Commerce Science and Transportation on 5/0/2020.
HR 6662 A. Brown (D-MD) “Pandemic Response and S 3663 R. Wicker (R-MS) To protect the privacy of consumers' Interstate Cost Equity Act’’ or the ‘‘PRICE Act.” personal health information, proximity data, device data, Introduced 5/1/2020. and geolocation data during the coronavirus public health crisis. Introduced 5/7/2020. HR 6646 R. Scott (D-VA) “Relaunching America’s S 3632 K. Gillibrand (D-NY) “Direct Support for Communities Act.” Workforce Act.’’ Introduced 5/1/2020. Introduced 5/6/2020. Press Release HR 6657 J. Duncan (R-SC) “Working Under Humanity’s S 3619 J. Reed (D-RI) “Strengthening Unemployment Insurance for Actual Needs Rescissions Act’’ or the ‘‘WUHAN Coronavirus Impacted Workers and Students Act.” Rescissions Act.” Introduced 5/1/2020. Introduced 5/6/2020. HR 6656 V. Demings (D-FL) “Coronavirus Workers’ S 3592 M. Blackburn (R-TN) “Stop COVID Act of 2020.” Introduced Compensation for TSA Employees Act.” To 5/4/2020. ensure TSA employees who contract COVID–19 are entitled to appropriate workers’ compensation/benefits. Introduced 5/1/2020. HR 6719 R. Khanna (D-CA) To require the Federal Government to provide critical health care resources in response to the COVID-19 pandemic. Introduced 5/5/2020. HR 6647 L. Correa (D-CA) “Health Care Opportunities for TSA Employees Act.” To lower health care costs for part- time TSA employees and allow TSA employees to change health care plans. Introduced 5/1/2020. HR 6655 D. Payne, Jr. (D-FL) “Hazardous Duty Pay for Frontline Federal Workers Act.” To provide hazardous duty pay for Federal employees who may be exposed to COVID–19. Introduced 5/1/2020. OTHER SENATE BILLS S 3794 J. Thune (R-SD) “Railroad Rehabilitation and Financing Innovation Act.” A bill to expedite Article transportation project delivery, facilitate infrastructure improvement. Introduced 5/21/2020. OTHER HOUSE BILLS HR TBA S. Moulton (D-MA) A national plan to invest HR 6898 D. Cicilline (D-RI) To encourage the research and use of $205 billion to build a national high-speed rail innovative materials and associated techniques in the network. Moulton - Nat'l. H-S Rail Network construction and preservation of the domestic Plan. As of 5/19/2020, not yet introduced. transportation and water infrastructure system. Introduced 5/15/2020.
OTHER HOUSE BILLS H. Res 965 N. Lowey (D-NY) Authorizes remote voting by HR 6911 B. Posey (R-FL) To provide a Federal income tax credit for proxy in the U.S. House and providing for official State income taxes paid by individuals temporarily remote committee proceedings during a public providing certain health or emergency services in the health emergency due to a novel coronavirus. State, and to provide a corresponding reduction in FHWA Introduced 5/12/2020. Passed House on funds to the State. Introduced 5/15/2020. 5/15/2020 by a vote of 217 – 189. As of 5/20/2020 -for the next 45 days House members can stay home and vote – to avoid COVID-19. HR 6770 D. Lipinski (D-IL) To encourage and promote the HR 6842 D. Titus (D-NV) To modify the apportionment formula for safe and efficient management, operation, and the congestion mitigation and air quality improvement development of surface transportation systems. program. Introduced 5/12/2020. Introduced 5/8/2020. HR 6747 A. Delgado (D-NY) To authorize funding for HR 6780 C. Pappas (D-NH) and D. Lipinski (D-IL) “Toll Credit formula grants for rural areas, to increase the Marketplace Act of 2020.” Creates a marketplace for percentage of funds available for grants and states to sell toll credits to fund state and regional contracts for transportation research, technical transportation projects. Introduced 5/8/2020. Pappas assistance, training, and related support services Press Release in rural areas. Introduced 5/8/2020.
FEDERAL REGISTER NOTICES OF FUNDING OPPORTUNITY (NOFOs) - GRANT AWARDS See Addendum C. - Calendar Year NOFO/AWARDS SCORECARD – at end of report. May 27, 2020. The Federal Transit Administration (FTA) issued a Notice of Funding Opportunity making available $1.25 million for the Real-Time Transit Infrastructure and Rolling Stock Condition Assessment Demonstration Program. Applications are due July 17, 2020.
May 26, 2020. The Federal Transit Administration (FTA) issued a Notice of Funding Opportunity (NOFO) making available $1.25 million in FY 2016 “Public Transportation Innovation Program” funds to demonstrate and evaluate innovative technologies and designs to improve the state of good repair for transit agencies. FTA is seeking applications for demonstration projects that deploy cutting edge technologies to provide real-time condition assessment of transit infrastructure and rolling stock conditions. The federal share of project costs under this program is limited to eighty percent (80%). Applicants may seek a lower Federal contribution. Complete proposals are due by 11:59 p.m. EDT on July 17, 2020.
May 19, 2020. The Occupational Safety and Health Administration (OSHA) issued a Notice of Funding Opportunity making available $11.5 million for FY 2020 Susan Harwood Training Grants. Three separate funding opportunity announcements are being made available, e.g. Targeted Topic Training grants, Training and Educational Materials Development grants, and new Capacity Building grants (that will cover two types of Capacity Building grants: (1) Capacity Building Pilot and (2) Capacity Building Developmental grants). Applications are due no later than 11:59 p.m., ET, on July 20, 2020.
May 11. 2020. The Federal Transit Administration (FTA) issued a NOTICE announcing the selection of one nonprofit participant in the “Pilot Program for Nonprofit Cooperative Procurements” and is soliciting expressions of interest from additional eligible nonprofit entities to participate in the Pilot Program. The Pilot Program is aimed at increasing innovation, promoting efficiency and demonstrating the effectiveness of cooperative procurement contracts for rolling stock and related equipment. Expressions of interest in the Pilot Program must be received by July 10, 2020.
May 7, 2020. The Department of Commerce, Economic Development Administration published a Notice of Funding Opportunity making available $30 million under the CARES Act for FY 2020 EDA Public Works and Economic Adjustment Assistance Programs (EAA). Generally, the amount of an EDA award may not exceed 50 percent of the total cost of the project. Projects may receive an additional amount that may not exceed up to 30 percent of the total project cost, based on the relative needs of the region in which the project will be located, as determined by EDA.
There are no submission deadlines under this NOFO opportunity. Applications will be accepted on an ongoing basis until the publication of a new PWEAA NOFO. See Economic Adjustment Assistance program FACT SHEET.
May 5, 2020. The Federal Railroad Administration (FRA) ANNOUNCED $22.415 million in grant funding to three projects that collectively span eight states under the combined FY 2020/2019/2018 “Restoration and Enhancement (R&E) Grants” Program.
OTHER TRANSPORTATION-RELATED FEDERAL REGISTER NOTICES May 1, 2020. The Environmental Protection Agency (EPA) and the National Highway Traffic Safety Administration (NHTSA) issued their FINAL RULE - Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule - setting corporate average fuel economy (CAFE) and CO2 emissions standards for model years 2021-2026 passenger cars and light trucks. The final rule will increase stringency of CAFE and CO2 emissions standards by 1.5 percent each year through model year 2026, as compared with the standards issued in 2012, which would have required about 5 percent annual increases. The 1,105 page final rule is effective on June 29, 2020. For NHTSA resource materials regarding the Final Rule click HERE.
OTHER REPORTS/NOTICES/NEWS ARTICLES May 26, 2020. The National Academies Press released a REPORT entitled, “Transit Signal Priority: Current State of the Practice (2020).”
May 21, 2020. The Congressional Budget Office issued a REPORT entitled, “Reauthorizing Federal Highway Programs: Issues and Options.” The report discusses choices about revenues and spending that lawmakers face in addressing the shortfall (if taxes that are credited to the Highway Trust Fund are to continue at their current rates and funding for highway and transit programs are to increase annually at the rate of inflation, by 2030, the cumulative shortfall in the HTF would reach $189 billion) and improving the nation’s infrastructure; the agency also analyzes options for subsidizing state and local governments’ financing of highway projects.
May 19, 2020. The ENO Center for Transportation released a REPORT entitled, “CONGESTION PRICING IN THE UNITED STATES - Principles for Developing a Viable Program to Advance Sustainability and Equity Goals.”
May 19, 2020. The Congressional Research Service released a REPORT entitled, “Condition of Highway Bridges Continues to Improve.”
May 18, 2020. The National Academies Press released a REPORT entitled, “Data Sharing Guidance for Public Transit Agencies Now and in the Future (2020).”
May 15, 2020. The Federal Railroad Administration (FRA) released a Quarterly Status Update on the railroads’ self-reported progress, as of March 31, 2020, toward fully implementing Positive Train Control (PTC) systems by December 31, 2020. Based on the railroads’ First Quarter 2020 PTC Progress Reports and current PTC Implementation Plans, nearly all railroads subject to the statutory mandate are operating their systems in revenue service or in advanced field testing, known as revenue service demonstration (RSD), with PTC technology remaining to be activated on only approximately 1,100 required route miles. As of March 31, 2020, PTC systems were in RSD or in operation on 56,541 route miles — 98 percent of the nearly 58,000 route miles subject to the mandate.
May 11, 2020. The American Association of State Highway and Transportation Officials (AASHTO) sent a letter (Article) to Congressional leaders detailing the reasons that states need a $50 billion backstop to backfill revenue losses state DOTs are expected to experience over the next 18 months due to the coronavirus epidemic.
Also see AASHTO briefing paper - WHY STATE DOTS NEED A $50B FEDERAL REVENUE BACKSTOP.May 11, 2020. The Congressional Research Service (CRS) issued a REPORT entitled, “Funding and Financing Highways and Public Transportation.”
May 8, 2020. Several members of Congress wrote a LETTER to House Speaker Nancy Pelosi (D-CA) and House Minority Leader Kevin McCarthy (R-CA) to include language establishing an independent bipartisan commission in the next coronavirus relief package.
May 7, 2020. The Transportation Security Administration (TSA) TSA ANNOUNCED that its employees must wear facial protection while at screening checkpoints. In related news, Leaders of the Homeland Security and Transportation and Infrastructure Committees sent a LETTER to US DOT Secretary Elaine Chao and Acting Homeland Security Secretary Chad Wolf urging them to establish an interagency working group to develop robust, coordinated plans to address COVID-19 in aviation operations.
May 7, 2020. The American Public Transportation Association (APTA) sent a LETTER to Congressional leaders, “urg[ing] you [Congressional leaders] to provide an additional $23.8 billion in COVID-19 Emergency Response and Recovery Funding to help public transit agencies continue to provide a critical lifeline to essential workers and to help our communities rebuild our economy.” The funding request is split as follows: 1.) $19 billion provided through the Emergency Relief Program; and 2.) $4.75 billion provided through Urbanized Area Formula Grants, Seniors and Individuals with Disabilities Formula Grants; and Rural Area Formula Grants. The letter continued by noting, “These funds will offset the extraordinary direct costs and revenue losses caused by the pandemic.”
May 7, 2020. The Federal Transit Administration (FTA) issued Guidance to help transit agencies and transit vehicle manufacturers understand and comply with the prohibitions on FTA-funded rolling stock procurements contained in the FY2020 National Defense Authorization Act (NDAA).
May 5, 2020. The Congressional Research Service (CRS) released a REPORT entitled, “Transportation Infrastructure Investment as Economic Stimulus: Lessons from the American Recovery and Reinvestment Act of 2009.”
May 5, 2020. The Congressional Research Service (CRS) released a REPORT entitled, “Transportation Spending Under an Earmark Ban.” Banning earmarks has not eliminated the opportunity for Members to influence the allocation of transportation resources. The funding formulas and eligibility rules in authorization bills can be shaped to favor particular states, congressional districts, and projects. However, over 92 percent of federal highway funds and more than 75 percent of transit funds are distributed by statutory formulas. Most of the remaining federal transportation funding is distributed under discretionary programs.
May 4, 2020. The National Academies Press released a REPORT entitled, “Business Models for Mobile Fare Apps (2020).”
May 4, 2020. The National Academies Press released a REPORT entitled, “Buy America Requirements for Federal Highway Projects (2020).”
May 1, 2020. More than 100 members of Congress signed a bipartisan Letter to House leadership calling for direct and flexible aid to counties of all sizes as Congress considers the next COVID-19 (coronavirus) relief package.
April 30, 2020. The Government Accountability Office (GAO) issued a REPORT entitled, “Positive Train Control: Railroads Generally Made Progress, but Several Must Meet Compressed Schedules to Meet Implementation Date.” In related news, see Senate Committee on Commerce, Science and Transportation PTC Implementation FACT SHEET.
April 29, 2020. American Roads and Transportation Builders Association (ARTBA) Chairman Steve McGough issued a STATEMENT calling on the Trump administration and Congress to take immediate steps to stabilize state transportation programs and enact a multi-year plan that dramatically increases federal highway, bridge and public transportation investment.
April 23, 2020. The Government Accountability Office (GAO) issued a REPORT entitled, “Priority Open Recommendations: U.S. Department of Transportation.” The report provides an update on the overall status of the US DOT’s implementation of GAO’s recommendations and to call attention to areas where open recommendations should be given high priority.
UPCOMING CONGRESSIONAL CALENDAR – MAY/JUNE
Note: The House is expected back to the Capitol building after Memorial Day, while the Senate is expected to recess from regular business for the entire Memorial Day week. The Senate is expected to take votes to confirm several of the President’s nominees on June 1, 2020. The Senate and House schedules may not reflect the above schedules which were released prior to the spread of the coronavirus pandemic.
UPCOMING DEADLINES/EVENTS Note: Given the recommendations from the Centers for Disease Control and Prevention, many upcoming events have/are being cancelled to prevent the spread of COVID-19.
5/20 – 6/24 Milken Institute and United for Infrastructure are hosting a series of 1-hour webinars featuring elected leaders and practitioners across government, finance, and engineering in profiling emerging challenges and best practices in the sector. United for Infrastructure; June 7-19 2020 AASHTO National Transportation Leadership Institute (NTLI); June 17-18 Railway Age's sixth annual RAIL INSIGHTS takes place in Chicago, Illinois; June 28/July 1 Associated General Contractors of America (AGC), Executive Leadership Conference; July 12-18 Commercial Vehicle Safety Alliance’s (CVSA) 2020 Operation Safe Driver Week; July 17-20 Canceled. NACo will hold a remote annual business meeting July 20 as opposed to the their (NACO) annual Conference, Orlando, Florida; August 17-21 Democratic National Convention will be held in in Milwaukee, Wisconsin, the convention was originally scheduled for mid-July;
September 14-21 United for Infrastructure “United for Infrastructure 2020: A Week to Champion America's Infrastructure;” October 11-14 APTA TRANSform Conference, Anaheim, CA; TBA 17th Annual NRC Railroad Equipment Auction.
SCUTTLEBUTT May 20, 2020. The Wall Street Journal (WSJ) reported that “states are expected to ask the federal government to repay them at least an estimated $45 billion spent fighting the coronavirus…” While the Federal Emergency Management Agency (FEMA) is allowed to pay states up to 75 percent reimbursement (by current law), 39 states have asked FEMA to cover 100 percent of their coronavirus costs. The Heroes Act passed by the U.S. House on May 15, 2020 included a provision for 100 percent reimbursement.
May 15, 2020. President Donald Trump Announced his intent to nominate Eric J. Soskin, of Virginia, to be Inspector General, Department of Transportation. Mr. Soskin earned a B.A. in Mathematics and Political Economy, magna cum laude, from Williams College, and a J.D., magna cum laude, from Harvard Law School. Mr. Soskin is a recipient of the Attorney General’s Award for Distinguished Service.
May 4, 2020. Former Pennsylvania Governor Edward Rendell and former US DOT Secretary Ray LaHood wrote a LETTER to Congressional leaders on behalf of Building America’s Future urging, “that infrastructure investment be a significant component [of the next COVID-19 legislation] as a way to jump start the nation’s recovery.”
May 5, 2020. House Speaker Nancy Pelosi swore-in Kweisi Mfume (D-MD) to fill the seat left vacant by the Elijah E. Cummings, who passed away last October. Mr. Mfume (71) previously served in the House from 1987-1996 before resigning in 1996 to head the NAACP through 2004.
Addendum A. HEALTH AND ECONOMIC RECOVERY OMNIBUS EMERGENCY SOLUTIONS ACT – HR 6800 (Aka Heroes ACT) (TRANSPORTATION-RELATED PROVISIONS)
The U.S. House of Representatives passed the “Health and Economic Recovery Omnibus Emergency Solutions Act” (Heroes Act - HR 6800) on May 15, 2020 by a slim margin vote of 208-199. The 1,815 page bill, if enacted into law, would deliver emergency supplemental appropriations relief in response to the COVID-19 pandemic to various federal departments/agencies, to individuals/families, for housing assistance and to other sectors of the economy. The overall cost of the bill is roughly $3 trillion (an amount roughly equal to what has been enacted to date through four coronavirus bills) with major funding components consisting of $1 trillion to state, local territorial and tribal governments to pay first responders/health workers/teachers, $200 billion to cover hazard pay for essential workers that have/are risking their lives as they work during the pandemic, $75 billion for COVID-19 testing, tracing and treatment, the extension of unemployment benefits and a second round of direct payments to individuals/families ($1,200 per family member and up to $6,000 per household).
The bill does not include any reduction in payroll taxes – a proposal championed by President Donald Trump. The bill also does not include a “comprehensive infrastructure policy package” that has been supported by Speaker Pelosi and President Trump. Senate Republicans are not expected to address the House bill (which did not include input from House Republicans) until after Memorial Day when they introduce their own set of priorities.
The HEROES Act provides supplemental funding for transportation (FAA, FHWA, FTA and Amtrak), as detailed below. Moreover, the bill provides directs payments to States/Territories and local governments, also highlighted below.
The Administration issued a STATEMENT OF ADMINISTRATIVE POLICY (SOAP) opposing H.R. 6800, the Health Economic Recovery Omnibus Emergency Solutions (HEROES) Act noting, “This proposed legislation, however, is more concerned with delivering on longstanding partisan and ideological wish lists than with enhancing the ability of our Nation to deal with the public health and economic challenges we face.” Moreover, the SOAP continued by stating, “If H.R. 6800 were presented to the President, his advisors would recommend that he veto the bill.”
FEDERAL AVIATION ADMINISTRATION/AVIATION INDUSTRY Operations: $75 million (in general funds) to remain available until September 30, 2022 to prevent, prepare for and respond to the coronavirus. The bill provides that not less than $1 million of the aforementioned amount shall go to a research organization to conduct a study to determine whether the environmental control systems in commercial airliners recirculate pathogens in the cabin air and to assess technological solutions to reduce pathogen recirculation and the risk of exposure to pathogens in the cabin air. o Airport and Airway Trust Fund (AATF) Relief: Because the CARES Act, enacted on March 27, 2020 (P.L. 116-136), included a provision suspending certain aviation taxes through January 1, 2021, and due to reduced passenger traffic (less revenues collected) there is the possibility that ongoing obligations could exhaust the AATF. The HEROES Act allows appropriations from the General Fund to the AATF to ensure solvency of the fund.
o Air Carrier/COVID-19 Requirements: For the duration of the national COVID-19 emergency, Air Carriers are to require each passenger and cabin crew member to wear a mask or protective face covering while on board an aircraft of the air carrier. Flight crew members are to wear a mask or protective face covering while on board an aircraft but outside the flight deck. Air Carriers are to provide flight/cabin crewmembers, customer service agents and other employees with masks or protective face coverings and hand sanitizer and wipes and to ensure that the aircraft and cockpit/cabin are cleaned, disinfected and sanitized. o Protections of Certain Federal Aviation Administration Employees: For the duration of the national COVID-19 emergency, The FAA Administrator is to provide Air Traffic Controllers and airway transportation specialists with masks or protective face coverings and to ensure that ATC facilities are cleaned, disinfected and sanitized. o Air Carrier/Contractor Required Assurances: The required assurances contained in the CARES Act directing the conditions which air carriers/contractors are to be eligible for financial assistance (i.e. to refrain from conducting involuntary furloughs or reducing pay rates and benefits until September 30, 2020) is modified by striking the aforementioned September date and replacing it with language prolonging the period until the “financial assistance is fully exhausted by the air carrier or contractor.” o Air Carrier Maintenance Outsourcing: A passenger air carrier receiving a loan or loan guarantee may not apply the proceeds toward a contract for heavy maintenance work at a facility located outside the US, if such contract would increase the ratio of maintenance work performed by such air carrier at all locations. o National Aviation Preparedness Plan: US DOT in coordination with the Department of Health and Human Services and the Department of Homeland Security et al., are to develop a national aviation preparedness plan for communicable disease outbreaks.
FEDERAL HIGHWAY ADMINISTRATION o Highway Infrastructure Programs: $15 billion (in general funds) apportioned within 30 days of enactment (federal share up to 100%) and to remain available until expended with funding splits as follows: . $14.775 billion to: States (50 States/DC); (Apportioned per FY 2020 formula ratios with sub-allocations based on population per existing Title 23 §133) . $150 million to: Tribal Transportation Programs; . $60 million to: Puerto Rico Highway Program; . $15 million to: Territorial Highway Program.
FEDERAL TRANSIT ADMINISTRATION o Public Transportation Emergency Relief: Provides $15.750 billion (in general funds) to remain available until expended (federal share up to 100%), to prevent, prepare for and respond to the coronavirus, with splits as follows: . $11.750 billion to: Urbanized Areas (populations over 3 million – noted below in red italic type) - (15 percent per Urbanized Area Formula and 85 percent per State of Good Repair Grants);
. $4 billion to: Grants to transit agencies (to maintain basic transit services). (US DOT is to issue a Notice of Funding Opportunity (NOFO) no later than 30 days after enactment with application submissions within 45 days of enactment, with priority given to transit agencies with the largest revenue loss as a percentage of their operating expenses.) Entities that are neither recipients/sub-recipients but are eligible are to receive no more than 18.75 percent of total funds.
Urbanized areas include: Atlanta, GA; Boston, MA-NH-RI; Chicago, IL-IN; Dallas-Fort Worth-Arlington, TX; Detroit, MI; Houston, TX; Los Angeles-Long Beach-Anaheim, CA; Miami, FL; New York-Newark, NY-NJ-CT; Philadelphia, PA-NJ-DE-MD; Phoenix-Mesa, AZ; San Francisco-Oakland, CA; Seattle, WA; and Washington DC-VA-MD.
. Transit/COVID-19 Requirements: For the duration of the national COVID-19 emergency, transit providers receiving Urbanized Area Formula funds that serve an urbanized area with a population of at least 500,000 individuals and that provide a minimum of 20,000,000 unlinked passenger trips per year shall: . Require each passenger to wear a mask or protective face covering; . Provide masks or protective face coverings, sanitizers to operators, station managers and other employees that interact with passengers; . Ensure that public transportation vehicles are cleaned, disinfected and sanitized.
AMTRAK AND RAIL WORKERS o Amtrak/COVID-19 Requirements: For the duration of the national COVID-19 emergency, Amtrak is to: . Require each passenger/employee to wear a mask; . Provide masks or protective face coverings, sanitizers to conductors, engineers, ticket agents and other employees that interact with passengers; . Ensure that Amtrak trains and stations are cleaned and disinfected. o Additional Enhanced Benefits Under the Railroad Unemployment Insurance: Unemployment benefits (that provides $1,200 every two weeks) under the Railroad Unemployment Insurance Act are extended to December 31, 2020 and amended from the prior July 31, 2020 date. An additional $1 billion is appropriated to cover the cost of recovery benefits for the aforementioned extended period.
Extended Benefits Under the Railroad Unemployment Insurance Act: This provision extends the timeframe in which railroad workers may apply for the 13-week extension of unemployment benefits established under the CARES Act, providing parity for railroad workers. The bill waives the 7-Day Waiting Period. The CARES Act waived the waiting week for unemployment and sickness benefits under the Railroad Unemployment Insurance Act through December 31, 2020. This provision extends that waiver, providing parity for railroad workers. o Treatment of Payments from the Railroad Unemployment Insurance Account: This provision would eliminate the Balanced Budget and Emergency Deficit Control Act sequester that automatically cuts unemployment and sickness benefits provided to railroad workers under the Railroad Unemployment Insurance Act. This change would allow railroad workers to receive the full benefit amounts to which they are entitled and would create parity with the treatment of other unemployment insurance benefit programs.
o Technical Correction for Extended Unemployment Benefits under the Railroad Unemployment Insurance Act: Provides a technical correction to a provision in the CARES Act that extended railroad unemployment benefits to allow for easier implementation of the extended benefits. o Technical Correction: Provides a technical correction to a provision in the CARES Act by fixing an incorrect title reference to the Railroad Retirement Act. o Clarification of Oversight and Implementation of Relief for Workers Affected by Coronavirus Act: Provides a technical correction to ensure that the Railroad Retirement Board (RRB) and its Inspector General have implementation and oversight authority over the RUIA related provisions of the CARES Act.
DEPARTMENT OF HOMELAND SECURITY o Federal Emergency Management Agency: $1.3 billion to remain available until September 30, 2021, with funding splits as follows: . $500 million for Assistance to Firefighter Grants (for protective equipment, related supplies and equipment); . $500 million for Staffing for Adequate Fire and Emergency Response Grants (SAFER Grants); . $100 million for Emergency Management Performance Grants; and . $200 million for the Emergency Food and Shelter Program.
CORONAVIRUS RELIEF FUND o State/Territories Fiscal Relief Fund: To make payments to STATES (Est.), territories and Tribal governments to mitigate the fiscal effects of COVID-19. $540 billion to remain available until expended with funding splits as follows: . $20 billion (within 30 days of enactment) to Puerto Rico, US Virgin Islands, Guam, the Northern Mariana Islands and American Samoa – allocated 50% equally among the entities and 50% pro rata based on population; . $20 billion (within 30 days of enactment) to Tribal governments; . $250 billion (within 30 days of enactment) to each of the 50 States/DC allocated in the following manner: $51 billion equally between each of the 50 States/DC; $150 billion to the States/DC per pro rata based on population; $49 billion to the States/DC per pro rata based on the prevalence of COVID-19 cases. . $250 billion (by May 3, 2021) to each of the 50 States/DC allocated in the following manner: $51 billion equally between the 50 States/DC, and $199 billion to the States/DC pro rata per unemployed individuals.
CORONAVIRUS RELIEF FUND Cities, Counties and Local Governments: To make payments to metropolitan cities, counties and other units of general local government to mitigate the fiscal effects of COVID-19. $375 billion to remain available until expended with funding splits as follows:
. $187.5 billion to metropolitan cities and other units of general local government – allocated in the following manner; $131.250 billion per formula with the stipulation that $87.5 billion be paid within 30 days of enactment and that $43.750 billion be paid no earlier than April 15, 2021 nor later than May 3, 2021; $56.250 billion (66% distributed within 30 days of enactment and 33% no earlier than April 15, 2021 but no later than May 3, 2021) allocated to each State for use by units of general local government, other than counties or parishes in non-entitlement areas pro rata based on population.
. $187.5 billion (66% distributed within 30 days of enactment and 33% no earlier than April 15, 2021, but no later than May 3, 2021) directly to counties within the 50 States/DC/Territories pro rata based on population.
COVID–19 HEROES FUND ACT o $180 Billion Heroes Fund (Division Q): Hazard pay (an extra $13 per hour from January 27, 2020 thru 60 days after the last day of the COVID–19 Public Health Emergency) for “essential worker” to include transportation work and any private transportation of people (all modes), any private transportation of goods in bulk (all modes) and the transportation of mail etc.
Note: As of May 15, 2020, four pieces of legislation have been enacted to combat the health and economic impacts of the coronavirus pandemic.
1.) CORONAVIRUS PREPAREDNESS AND RESPONSE SUPPLEMENTAL APPROPRIATIONS ACT, 2020 P.L. 116-123, Signed March 6, 2020
2.) FAMILIES FIRST CORONAVIRUS RESPONSE ACT P.L. 116-127, Signed March 18, 2020
3.) CORONAVIRUS AID, RELIEF AND ECONOMIC SECURITY ACT or the CARES Act P.L. 116-136, Signed March 27, 2020
4.) PAYCHECK PROTECTION PROGRAM AND HEALTH CARE ENHANCEMENT ACT P.L. 116-139, Signed April 24, 2020
Addendum B. COMPILATION OF COVID-19 RESOURCE LINKS Centers for Disease Control and Prevention CDC Coronavirus (COVID-19) White House-CDC-FEMA World Health Organization WHO Library of Congress Coronavirus Resource Guide Resource Guide Counties and COVID-19: Safer At Home Orders NACO Org Coronavirus Aid, Relief, and Economic Security (CARES) Act - FTA Federal Transit Administration NACO In-Depth Analysis of the $2 trillion CARES Act (H.R. 748) NACO Summary of CARES Act COVID-19 Stimulus Bill: What It Means for States NCSL CARES Act SUMMARY Senate Committee on Appropriations CARES Act Summary Senate CARES Act Summary APTA CARES Act Provides $25 Billion for Public Transit APTA CARES Act Summary Confirmed Cases of COVID-19 in US By County Cases COVID-19 By County FAQs from FTA Grantees Regarding (COVID-19) FAQs COVID-19 Checklist for Transportation Construction Employers/Employees ARTBA COVID-19 Checklist A Guide for Public Transportation Pandemic Planning and Response (2014) Public Transpo. Pandemic Planning/Response Guide FTA - Recommended Actions to Reduce the Risk of (COVID-19) FTA Safety Advisory FY 2020 CARES Act Public Transportation Apportionments & Allocations FTA CARES Act Apportionments CTAA Covid-19 Resources and News CTAA Resource Page COVID-19 2020 CARES Act Grants to Airports FAA Airport Grants Council of State Governments – COVID-19 Resources for State Leaders State Executive Orders National Governor’s Association Coronavirus Resources NGA Letter Letter Coronavirus Relief Fund Guidance - State, Territorial, & Local Govt. Guidance Document - $150 billion Congressional Oversight Provisions in the Coronavirus Aid, Relief, and CRS Report on Oversight of CARES Act StateEconomic and LocalSecurity Government (CARES) Act Debt (P.L. and 116 COVID-136) -19 CRS Rpt State and Local Debt The Coronavirus Relief Fund (CARES Act, Title V): Background and State CRS Rpt State Allocations and Local Allocations NACo - Analysis of the Fiscal Impact of COVID-19 on Counties NACo Report on COVID-19 / Counties NACo Home Page TSA - Coronavirus (COVID-19) Information TSA COVID-19 URL National Association of Counties (HEROES Act) NACo HEROES Bill Analysis HHS/CDC Report to Congress on Paycheck Protection Pgm./COVID-19 DHHS Report to Congress RAND - The Health and Economic Impacts of COVID-19 Interventions State Policy Evaluation Tool CDC Activities and Initiatives Supporting the COVID-19 Response and the CDC Guidelines for Reopening President’s Plan for Opening America Up Again
Addendum C. – Calendar Year NOFO/AWARDS SCORECARD SELECTED TRANSPORTATION NOTICE OF FUNDING OPPORTUNITIES (NOFOs) &/OR AWARDS (SCORECARD for CY 2020) 5/27/2020 TYPE NOFO NOFO $s APPLICATION NOFO $ NOFO TITLE (NOFO / AWARD) ISSUANCE DATE NOFO URL MADE AVAILABLE DEADLINE AWARDS AWARDS URL AWARDED - DATE COMMENTS US DOT FY 2020 INFRA Grants NOFO 1/13/2020 NOFO URL 906,000,000 2/25/2020 TBD TBD TBD $150 m. in prior year available. FY 2020 National Infrastructure Investments (BUILD) NOFO 2/19/2020 NOFO URL 1,000,000,000 5/18/2020 TBD TBD TBD FY 2020 University Transportation Centers Program NOFO 3/30/2020 NOFO URL 4,925,000 5/29/2020 TBD TBD TBD Inclusive Design Challenge (FY 2018 Funding) NOFO 4/21/2020 NOFO URL 5,000,000 10/30/2020 TBD TBD TBD $5 m. prize purse from FY 2018 “Highly Automated Vehicle Research & Dev. Pgm."
US DHS/ FEMA FY 2019 Assistance to Firefighter Grants NOFO 1/27/2020 NOFO URL 315,000,000 3/20/2020 TBD TBD TBD FY 2020 Transit Security Grant Program NOFO 2/15/2020 NOFO URL 88,000,000 4/15/2020 TBD TBD TBD FY 2020 Port Security Grant Program NOFO 2/15/2020 NOFO URL 100,000,000 4/15/2020 TBD TBD TBD FY 2020 Intercity Bus Security Grant Program NOFO 2/15/2020 NOFO URL 2,000,000 4/15/2020 TBD TBD TBD FY 2020 Intercity Passenger Rail - Amtrak NOFO 2/15/2020 NOFO URL 10,000,000 4/15/2020 TBD TBD TBD FY 2020 Nonprofit Security Grant Program NOFO 2/15/2020 NOFO URL 90,000,000 4/15/2020 TBD TBD TBD FY 2019 Staffing for Adequate Fire and Emergency Response (SAFER) NOFO 4/7/2020 NOFO URL 350,000,000 5/15/2020 TBD TBD TBD Due date extended to 5/27/2020. FY 2019 Fire Prevention and Safety (FP&S) grants NOFO 4/21/2020 NOFO URL 35,000,000 5/29/2020 TBD TBD TBD FY 2020 Assistance to Firefighters Grant Program - CARES Act NOFO 4/23/2020 NOFO URL 100,000,000 5/15/2020 TBD TBD TBD DOE FY 2020 Bioenergy Technologies Multi-Topic FOA NOFO 1/23/2020 NOFO URL 97,000,000 4/30/2020 TBD TBD TBD FY 2020 Advanced Vehicle Technologies Research FOA NOFO 1/23/2020 NOFO URL 133,200,000 4/14/2020 TBD TBD TBD FY 2020 H2@Scale New Markets FOA NOFO 1/23/2020 NOFO URL 64,000,000 4/20/2020 TBD TBD TBD 2/25/20 Deadline/Concept Papers. EPA FY 2020 – FY 2021 Pollution Prevention Grant Program NOFO 1/29/2020 NOFO URL 9,380,000 3/31/2020 TBD TBD TBD FAA FY 2018 Small Community Air Service Development Program NOFO/AWARD 5/6/2019 NOFO URL 12,500,000 7/15/2019 12,500,000 Award URL 2/24/2020 FHWA Accelerated Innovative Deployment Demonstration Program NOFO/AWARD 10/21/2019 Amended NOFO URL 10,000,000 Rolling 8,091,503 Award URL 1/21/2020 Initial NOFO URL FY 2020 Dwight David Eisenhower Transportation Fellowship Program NOFO 1/31/2020 NOFO URL 1,000,000 3/16/2020 TBD TBD TBD FY 2020 Dwight David Eisenhower Transportation Fellowship Program NOFO 3/10/2020 NOFO URL 720,000 4/27/2020 TBD TBD TBD Highway Use Tax Evasion Program NOFO 3/17/2020 NOFO URL 8,000,000 5/22/2020 TBD TBD TBD FRA FY 2019/2020 Restoration and Enhancement Grants NOFO/AWARD 1/2/2020 Amended NOFO URL 26,337,600 2/5/2020 22,414,816 Award URL 5/5/2020 Initial NOFO URL FY 2019 Consolidated Rail Infrastructure and Safety Improvements NOFO/AWARD 8/19/2019 NOFO URL 244,621,500 10/18/2019 248,500,000 Award URL 3/12/2020 Railroad Rehabilitation & Improvement Financing (RRIF) NOFO 3/16/2020 NOFO URL 35,000,000,000 6/15/2020 TBD TBD TBD FY 2020 Consolidated Rail Infrastructure and Safety Improvements NOFO 4/20/2020 NOFO URL 311,772,500 6/19/2020 TBD TBD TBD FY 2020 Supplemental State-Amtrak Intercity Passenger Rail Committee NOFO 5/7/2020 NOFO URL 4,000,000 5/15/2020 TBD TBD TBD Northern New England Passenger Rail Auth. FY 2018-2020 Special Transportation Circumstances Projects NOFO 5/8/2020 NOFO URL 23,108,458 7/7/2020 TBD TBD TBD Funding - AK, WY, and SD. FY 2020 Short Line Safety Institute Program NOFO 5/20/2020 NOFO URL 2,500,000 5/29/2020 TBD TBD TBD FY 2020 Rail Safety Innovations Deserving Exploratory Analysis NOFO 5/27/2020 NOFO URL 400,000 6/5/2020 TBD TBD TBD Nat'l. Academy/Sciences only eligible to apply. FTA FY 2020 Low or No Emission Grant Program NOFO 1/24/2020 NOFO URL 130,000,000 3/17/2020 TBD TBD TBD FY 2020 Passenger Ferry Grant Program NOFO 1/30/2020 NOFO URL 30,000,000 3/30/2020 TBD TBD TBD FY 2020 Buses and Bus Facilities Program NOFO 1/30/2020 NOFO URL 454,600,000 3/30/2020 TBD TBD TBD FY 2018 Public Transportation Innovation Program NOFO 2/11/2020 NOFO URL 2,000,000 3/24/2020 TBD TBD TBD FY 2018/2019 Public Transportation Innovation Funds NOFO 2/13/2020 NOFO URL 7,300,000 3/24/2020 TBD TBD TBD FY 2019 Bus/Bus Facilities Program NOFO/AWARD 5/15/2019 NOFO URL 423,350,240 6/21/2019 423,350,240 Award URL 3/2/2020 FY 2020 Helping Obtain Prosperity for Everyone (HOPE) Program NOFO 3/3/2020 NOFO URL 8,500,000 5/4/2020 TBD TBD TBD FY 2017/2018 Integrated Mobility Innovation Demonstration Program NOFO/AWARD 5/8/2019 NOFO URL 15,000,000 8/6/2019 20,355,847 Award URL 3/16/2020 FY 2017/FY 2018 FTA research funds. FY 2019 Accelerating Innovative Mobility (AIM) Challenge Grants NOFO 3/18/2020 NOFO URL 11,000,000 4/17/2020 TBD TBD TBD Public Transportation on Indian Reservations Pgm. (Tribal Transit Pgm.) NOFO 5/26/2020 NOFO URL 5,000,000 8/24/2020 TBD TBD TBD FY 2016 Public Transportation Innovation Program NOFO 5/26/2020 NOFO URL 1,250,000 7/17/2020 TBD TBD TBD FY 2020 Transportation on Indian Reservations Program NOFO 5/27/2020 NOFO URL 5,000,000 8/24/2020 TBD TBD TBD Real-Time Transit Infrastructure/Rolling Stock Condition Ass't. Demo. Pgm. NOFO 5/27/2020 NOFO URL 1,250,000 7/17/2020 TBD TBD TBD
SELECTED TRANSPORTATION NOTICE OF FUNDING OPPORTUNITIES (NOFOs) &/OR AWARDS (SCORECARD for CY 2020) 5/27/2020 TYPE NOFO NOFO $s APPLICATION NOFO $ NOFO TITLE (NOFO / AWARD) ISSUANCE DATE NOFO URL MADE AVAILABLE DEADLINE AWARDS AWARDS URL AWARDED - DATE COMMENTS MARAD FY 2019 Short Sea Transportation Program (America's Marine Hwy. Pgm.) NOFO/AWARD 6/14/2019 NOFO URL 7,000,000 6/14/2019 7,503,000 Award URL 1/7/2020 Deadline Extension URL FY 2020 Small Shipyard Grants NOFO/AWARD 1/6/2020 NOFO URL 19,600,000 2/18/2020 19,600,000 Award URL 4/20/2020 FY 2019 Port Infrastructure Development Program NOFO/AWARD 6/18/2019 NOFO URL 292,730,000 9/16/2019 287,303,341 Award URL 2/14/2020 FY 2020 Port Infrastructure Development Grants NOFO 2/19/2020 NOFO URL 225,000,000 5/18/2020 TBD TBD TBD FR NOFO 3 March 2020 FY 2020 Short Sea Transportation Program (America's Marine Hwy. Pgm.) NOFO 3/5/2020 NOFO URL 9,481,750 4/24/2020 TBD TBD TBD Updated NOFO URL Maritime Energy Efficiency Pilot/Demonstration Project NOFO 3/14/2020 NOFO URL 1,000,000 5/13/2020 TBD TBD TBD
NHTSA / FMCSA FY 2020 High Priority Program - Commercial Motor Vehicle (HP-CMV) NOFO 1/7/2020 NOFO URL 25,211,500 2/21/2020 TBD TBD TBD Prosecutor Support for Impaired Driving NOFO 4/15/2020 NOFO URL 1,240,743 5/14/2020 TBD TBD TBD Support for Alcohol Law Enforcement to Prevent Impaired Driving NOFO 4/15/2020 NOFO URL 500,000 5/13/2020 TBD TBD TBD Judicial Education Discretionary Grant NOFO 4/23/2020 NOFO URL 1,273,879 5/22/2020 TBD TBD TBD Support for Probation Services for DWI Offenders NOFO 4/23/2020 NOFO URL 650,000 5/25/2020 TBD TBD TBD State Ignition Interlock Support and Resources NOFO 5/7/2020 NOFO URL 650,000 6/4/2020 TBD TBD TBD An award will be made in August 2020. State Notification to Consumers of Motor Vehicle Recall Status NOFO 5/7/2020 NOFO URL 1,500,000 9/15/2020 TBD TBD TBD DOC/EDA FY 2020 EDA Public Works and Economic Adjustment Assistance Program NOFO 5/7/2020 NOFO URL 30,000,000 No Deadline. TBD TBD TBD Applications accepted ongoing until new NOFO. OSHA FY 2020 Susan Harwood Training Grants NOFO 5/19/2020 NOFO URL 11,500,000 7/20/2020 TBD TBD TBD USDA Business and Industry (B&I) Guaranteed Loan Program NOFA 5/22/2020 NOFA URL 20,500,000 9/15/2021 TBD TBD TBD
SAN JOAQUIN REGIONAL RAIL COMMISSION Meeting of June 5, 2020
STAFF REPORT
Item 3.8 ACTION Approve a Resolution of the Board of Commissioners of the San Joaquin Regional Rail Commission Adopting Fiscal Year 2019/2020 Budget Amendment #2: a) Reducing Fare Revenue from $10.5 million to $8.2 million and adding the Federal Transit Administration (FTA) Coronavirus Aid, Relief, and Economic Security (CARES) Act for $2.3 million
Background: On March 16, 2020, in response to the coronavirus (COVID-19) pandemic outbreak, the Bay Area counties issued a stay at home order. The Governor issued a similar statewide order on March 19, 2020, which is currently in effect, with specific requirements to be met for counties to begin phased reopening. The Order resulted in many non-essential public and private businesses to close or curtail their operations for the duration of the Order. As a result, the Fare Revenue for the remainder of FY 19/20 is expected to be approximately $2.3 million less than the FY 19/20 Operating Budget approved on June 7, 2019.
In recognition of this crisis, Congress passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act to keep essential transit service operating and employees and the supply chains working.
The proposed FY 19/20 budget amendment will reduce the Fare revenue to reflect the revised estimates and includes the CARES Act to fund this expected reduction.
Fiscal Impact: The CARES Act is required to be included in the Operating Budget in order to be expended. The action being recommended is revenue-neutral and does not impact the total budgetary authority.
Recommendation: Approve a Resolution of the Board of Commissioners of the San Joaquin Regional Rail Commission Adopting Fiscal Year 2019/2020 Budget Amendment #2: a) Reducing Fare Revenue from $10.5 million to $8.2 million and adding the Federal Transit Administration (FTA) Coronavirus Aid, Relief, and Economic Security (CARES) Act for $2.3 million.
Item 3.8.1
FY 2019/20 Approved Recommended Amended Operating Revenue Budget Amendment Budget Measure K $2,317,881 $0 $2,317,881 SJCOG - Local Transportation Funds (LTF) 4,147,715 0 4,147,715 Fare Revenues 10,500,000 (2,300,000) 8,200,000 FTA - CARES ACT - 2,300,000 2,300,000 ACTC Measure B Local 3,091,148 0 3,091,148 ACTC Measure BB Local 1,454,292 0 1,454,292 Santa Clara VTA Local 3,793,064 0 3,793,064 Transportation for Clean Air (TFCA) 80,000 0 80,000 SJCOG - State Transit Assistance (STA) 702,450 0 702,450 MTC - State Transit Assistance (STA) 498,478 0 498,478 ACTC Measure B Local - Admin Fee 15,000 0 15,000 ACTC Measure BB Local - Admin Fee 15,000 0 15,000 Amtrak Thruway Service 75,000 0 75,000 Ticket Sales Others 163,985 0 163,985 State Rail Assistance * 1,603,056 0 1,603,056 High Speed Rail - - Total $28,457,069 $0 $28,457,069
RESOLUTION SJRRC-R-19/20-
RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SAN JOAQUIN REGIONAL RAIL COMMISSION ADOPTING FISCAL YEAR 2019/2020 BUDGET AMENDMENT #2: a) REDUCING FARE REVENUE FROM $10.5 MILLION TO $8.2 MILLION AND ADDING THE FEDERAL TRANSIT ADMINISTRATION (FTA) CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY (CARES) ACT FOR $2.3 MILLION
WHEREAS, the Rail Commission adopted the FY 2019/20 Operating Budget on June 7, 2019; and
WHEREAS, the San Joaquin Regional Rail Commission Joint Powers Agreement (“JPA”) requires approval of all amendments to the capital and operating budget; and
WHEREAS, from time to time the need to amend an approved budget occurs to include additional funds and/or projects to complete the mission of the Commission in providing the ACE and San Joaquins Services; and
WHEREAS, the Bay Area counties issued a stay at home order, on March 16, 2020, in response to the coronavirus (COVID-19) pandemic outbreak; and
WHEREAS, the stay at home order and business closures have caused the Fare Revenue to be approximately $2.3 million less than the FY 19/20 Operating Budget; and
WHEREAS, the Executive Director has prepared an amended Operating Budget that reflects the reduction of Fare Revenue from $10.5 million to $8.2 million, and the addition of FTA CARES Act for $2.3 million to ensure the FY 2019/20 budget is balanced; and
WHEREAS, following review and deliberation, the San Joaquin Regional Rail Commission staff has recommended adoption of Amendment #2 to the FY 2019/2020 Budget as presented;
NOW THEREFORE, BE IT RESOLVED, that the Board of Commissioners of the San Joaquin Regional Rail Commission hereby adopts Budget Amendment #2:
a) Reducing Fare Revenue from $10.5 million to $8.2 million and adding the Federal Transit Administration (FTA) Coronavirus Aid, Relief, and Economic Security (CARES) Act for $2.3 million.
PASSED AND ADOPTED, by the Board of Commissioners this 5th day of June 2020, by the following vote:
AYES: NOES: ABSTAIN: ABSENT:
ATTEST: SAN JOAQUIN REGIONAL RAIL COMMISSION
______STACEY MORTENSEN, Secretary CHRISTINA FUGAZI, Chair SAN JOAQUIN REGIONAL RAIL COMMISSION Meeting of June 5, 2020
STAFF REPORT
Item 3.9 ACTION Approve a Resolution of the Board of Commissioners of the San Joaquin Regional Rail Commission Authorizing the Extension of Budgetary Authority through August 7, 2020 at a Monthly Rate for Operations and Capital as Approved for Fiscal Year 2019/2020
Background: The annual Work Program & Budget process results in the execution of Operating and Capital Budgets that last for the duration of a Fiscal Year (July 1 through June 30). As presented at the May Board meeting, the process for developing and approving a 2020/2021 Work Program & Budget has been modified due to the coronavirus (COVID-19) pandemic. While staff has prepared a Draft 2020/2021 Work Program & Budget, to be presented under Item 5, the Final Operating and Capital Budgets will not be approved until after the start of Fiscal Year 2020/2021.
In order to continue SJRRC/ACE operations and administrative functions, the extension of budgetary authority for the beginning of FY 2020/2021 is being recommended. The extension will last through August 7, which is the latest date for which the 2020/2021 Work Program & Budget is expected to receive approval. Staff anticipates the Work Program & Budget to be approved at the July Board meeting; however, there is the potential for the meeting to be cancelled. If approved at the July Board meeting, the 2020/2021 Work Program & Budget would supersede the extension of budgetary authority.
The proposed extension of budgetary authority through August 7, 2020 would be at a monthly rate for Operations and Capital as approved for Fiscal Year 2019/2020.
Fiscal Impact: Until the Fiscal Year 2020/2021 Work Program & Budget is approved, the extension of budgetary authority is required to continue SJRRC/ACE operations and administrative functions in FY 2020/2021. Capital expenditures will be limited to available revenues and actual work performed for specific projects.
Recommendation: Approve a Resolution of the Board of Commissioners of the San Joaquin Regional Rail Commission Authorizing the Extension of Budgetary Authority through August 7, 2020 at a Monthly Rate for Operations and Capital as Approved for Fiscal Year 2019/2020.
RESOLUTION SJRRC-R-19/20-
RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SAN JOAQUIN REGIONAL RAIL COMMISSION AUTHORIZING THE EXTENSION OF BUDGETARY AUTHORITY THROUGH AUGUST 7, 2020 AT A RATE FOR OPERATIONS AND CAPITAL AS APPROVED FOR FISCAL YEAR 2019/2020
WHEREAS, the Rail Commission adopted the FY 2019/20 Operating Budget on June 7, 2019; and
WHEREAS, the San Joaquin Regional Rail Commission Joint Powers Agreement (“JPA”) requires approval of all amendments to the capital and operating budget; and
WHEREAS, the Bay Area counties issued a stay at home order, on March 16, 2020, in response to the coronavirus (COVID-19) pandemic outbreak; and
WHEREAS, the pandemic has resulted in a modified schedule and process for developing and adopting the FY 2020/2021 Work Program & Budget; and
WHEREAS, the approved FY 2019/20 SJRRC/ACE Operating Budget is $30,851,284 and the approved FY 20219/20 Capital Budget is $93,833,015; and
WHEREAS, following review and deliberation, the San Joaquin Regional Rail Commission staff has recommended authorizing the extension of budgetary authority through August 7, 2020; and
WHEREAS, the budgetary authority will be at a rate for operations and capital as approved for Fiscal Year 2019/2020, based on the number of days operating; and
WHEREAS, capital expenditures will be limited to available revenues and actual work performed for specific projects; and
WHEREAS, the pending approval of the FY 2020/2021 Work Program & Budget will supersede the extension of budgetary authority;
NOW THEREFORE, BE IT RESOLVED, that the Board of Commissioners of the San Joaquin Regional Rail Commission hereby authorizes the extension of budgetary authority through August 7, 2020 at a rate for operations and capital as approved for Fiscal Year 2019/2020.
PASSED AND ADOPTED, by the Board of Commissioners this 5th day of June 2020, by the following vote:
AYES: NOES: ABSTAIN: ABSENT:
ATTEST: SAN JOAQUIN REGIONAL RAIL COMMISSION
______STACEY MORTENSEN, Secretary CHRISTINA FUGAZI, Chair SAN JOAQUIN REGIONAL RAIL COMMISSION Meeting of June 5, 2020
STAFF REPORT
Item 4 INFORMATION Status of COVID-19 Impacts and Relief Funding
Background: A verbal report will be given on this item.
SAN JOAQUIN REGIONAL RAIL COMMISSION Meeting of June 5, 2020
STAFF REPORT
Item 5 INFORMATION ACE COVID-19 Passenger Health and Safety Survey Results
Background: On May 15, 2020, staff released a survey to ACE passengers to begin to understand passenger sentiment and expectation on returning to riding the service. The survey was released via e-blast, text alert, social media, and the website. The survey generated 1,065 responses. Staff will provide a summary of responses at the board meeting. A summary of key highlights is as follows:
• 75% respondents indicated that they ride ACE 4 or more days a week. • Over 80% said they are at least ‘Somewhat Likely’ to return to riding ACE: • Definitely Will – 40.24% • Very Likely – 20.83% • Somewhat Likely 20.55% • Somewhat Unlikely 10.31% • Definitely Will Not – 1.42% • 37% indicated that they will most likely increase their telecommuting days. • A question regarding timing for returning to ride had a mix of respondents: • As soon as the stay at home order is lifted – 24.9% • A month after the stay at home order is lifted – 9.51% • After a treatment or vaccine has been developed – 19.49% • Sometime later this year – 12.64% • Don’t know – 14.26% • Other – 19.2% • 32% indicated that they will ride ACE less than before COVID.
SAN JOAQUIN REGIONAL RAIL COMMISSION Meeting of June 5, 2020
STAFF REPORT
Item 6 INFORMATION Draft 2020/2021 Work Program and Budget
Background: Annually, SJRRC staff present the Work Program and Budget for approval to the Board. This document highlights programs implemented from the previous year and initiatives for the upcoming fiscal year. The Work Program and Budget also includes the Operating and Capital Budgets.
The theme of this year’s document is Perseverance & Progress.
As discussed at the May Board meeting, the COVID-19 pandemic has significantly impacted service levels, ridership, and revenue. Amidst this uncertainty, staff has prepared a Draft 2020/2021 Work Program and Budget to reflect an operating scenario for the ACE service of two weekday roundtrips for the entirety of the upcoming fiscal year.
The Draft Capital Budget reflects continued momentum for various projects already underway, including: • Stockton Diamond Grade Separation • ACE Extension – Stockton to Natomas • ACE Extension – Lathrop to Ceres/Merced • Rail Car Purchase • Platform Extensions Projects • Robert J. Cabral Station Expansion • Railcar Midlife Overhaul • Cabral Station Track Extension
At the meeting, staff will present on the Draft 2020/2021 Work Program and Budget, providing a summary of the theme, capital projects, and anticipated budgets for the upcoming fiscal year. The Draft 2020/2021 Work Program and Budget is attached at the end of this item.
2020/2021 Work Program and Budget DRAFT
Perseverance & Progress Built on solid ground, SJRRC will continue through this unprecedented crisis with vision and momentum.
® Table of Contents
®
® Executive Summary 3 Stockton Diamond 4 Capital Projects 5 Capital Budget 7 ACE Operating Budget 8 SJJPA Operating Budget 9
DRAFT 2020/2021 Work Program and Budget 2 Executive Summary
The San Joaquin Regional Rail Commission is built on a ing forward and provides much needed jobs for many private solid foundation of political leadership, staff commitment planners, engineers, architects, and construction contractors. and adaptability. The difficult years of the 1998 ACE start- The Valley Rail Program will continue to press forward in the up, the 2003 dot.com implosion, and the 2009 full recession coming year with multiple environmental processes to keep have prepared the agency to deal with the unknowns of the the entire Program on-track and set to deliver transforma- coming year. Staff know how to deal with less, cover extra tional service expansion for both ACE and the San Joaquins. workload and find ways to leverage and share resources with Also, included in the Capital Program are key passenger other partners. related projects including restoration of Wi-Fi Service and the beginning of the Railcar Midlife Overhaul. Work is already underway to take cost control to the next level, prioritize essential projects and services and develop To best adapt to the unknown passenger demand in the next numerous contingency plans for whatever uncertainties the year, staff surveyed long-time ACE passengers about their agency encounters as the COVID-19 situation runs its course. expectations and likelihood to return to the train service. But an equal eye is on the future and the improvements and The results were strikingly similar to a survey conducted by expansions for the ACE and San Joaquins services that were Metrolink in Southern California. 80%+ of the passengers sorely needed long before the pandemic began. responded that they are at least ‘Somewhat Likely’ to return to riding ACE and only a small percentage anticipate rid- The most notable improvement on the horizon is The Stock- ing less days/week than before the shelter-in-place orders. ton Diamond Grade Separation. The Stockton Diamond These passenger voices matter the most in the restoration of Grade Separation is a pivotal project in Northern California, service. The various service scenarios for 2020/21 will take with significant benefits for freight and passenger rail. The into account cleaning, social spacing and other health and project also includes important local vehicle and pedestrian safety needs expressed by the passengers and be phased into traffic improvements, while improving the safe throughput of operation as the passengers are comfortable with returning. two major rail lines. The removal of this bottleneck unlocks the potential for many more passenger trains far into the This is a time to step forward with ideas, solutions, and team- future and paves the way for the Valley Rail Program. work to get everyone back on their feet. The Rail Commission is ready and committed to meeting that challenge. SJRRC continues into FY20/21 with a significant, forward thinking Capital Program, which will keep critical work mov-
DRAFT 2020/2021 Work Program and Budget 3 Stockton Diamond Grade Separation Project
The Stockton Diamond Grade Separation Project will unlock the most congested at- grade crossing in California providing better freight and passenger service. A focus for FY20/21 is securing full construction funding, completing preliminary design, and releasing the draft environmental document.
Project Overview
The Stockton Diamond is the busiest, most congested at- grade railway junction in California. The current, at-grade configuration of the track results in significant delays to Union Pacific Railroad (UPRR) and Burlington Northern Santa Fe Railway (BNSF) freight trains serving their nationwide networks and the Port of Stockton. These delays make the Stockton Diamond the worst freight rail bottleneck in California, limiting the capacity of the Port of Stockton for growth and inhibiting the expansion of the Amtrak San Joaquins and Altamont Corridor Express (ACE) service through the region.
The Stockton Diamond Grade Separation project would Stockton Diamond Project Area grade separate the two north-south UPRR mainline tracks from the two east-west BNSF mainline tracks. Project scope also includes bike, pedestrian, and roadway improvements Public Benefits at ten at-grade local road crossings in the City of Stockton, enhancing safety and access for residents. • Facilitating expansion of ACE and Amtrak San Joaquins services The construction of the grade separation would provide for • Improved reliability of ACE and Amtrak San Joaquins an uninterrupted flow of rail through the crossing, which services will improve freight movements and lead to lower costs • Travel time savings from a reduction in freight delays for freight shipping, reduced delays, and a decrease in • Fuel cost savings from a reduction in idling fuel consumption for idling locomotives. This increase in • Greater efficiency for freight rail movement throughput and velocity of freight trains translates to cost • Improved air quality in a disadvantaged area of savings for Port customers and the freight railroads, allowing Downtown Stockton for continued growth and improved efficiency. In addition, • Reduced blockage and delays for pedestrians and the project would allow for more freight and passenger trains motorists at key local road crossings to pass through the Stockton Diamond at faster speeds. • Improved access to the Port of Stockton
PA&ED (Project Approval & Environmental Document)
PS&E (Plans, Specifications and Estimates) & ROW (Right of Way) Construction Construction Begins Completed
3/1/2021 10/1/2022 11/1/2022 5/1/2025
DRAFT 2020/2021 Work Program and Budget 4 Enhancing Rail Safety and Reliability Capital Projects
The SJRRC Capital Project List continues to grow, with expansion projects planned to serve new regions and improvements to benefit existing ACE and Amtrak San Joaquins services.
Stockton Diamond Grade Separation
Environmental assessments and preliminary engineering will continue to analyze a grade separation at the intersection of the BNSF Stockton Subdivision and the Enhancing Rail Safety Union Pacific Fresno Subdivision south Stockton. The construction of the grade and Reliability separation will provide an uninterrupted flow of rail through the crossing, improv- ing freight movements and facilitating the expansion of ACE and San Joaquins service through the region.
ACE Extension – Stockton to Natomas Platform Extensions Projects
The Draft Environmental Impact Report (DEIR) for the Construction is scheduled to begin at Lathrop/Manteca, extension of ACE and San Joaquins service to Natomas was Tracy, Vasco Road, Livermore, and Pleasanton to extend the circulated for public comment on March 31, 2020. A Final EIR platforms and allow longer trainsets to serve the station. Final will be prepared for the project and preliminary engineering design will continue for the Fremont Station. continues for the stations, infrastructure, and layover facility necessary to implement the service. Once the environmental document is adopted and certified, final design will begin for Robert J. Cabral Station Expansion key facilities and infrastructure to initiate service. The expansion of the Robert J. Cabral Station will see the construction of a new Western Pacific Depot building and a ACE Extension – Lathrop to Ceres/Merced permanent parking lot and site improvements. Final design will continue for the project, with construction anticipated to Final design continues for stations, track and bridge work, begin on the parking lot and site improvements. and a layover facility for the extension of ACE service to Ceres. Right of way activity is also anticipated to begin during the upcoming year for key facility locations. A project level Railcar Midlife Overhaul environmental clearance for the extension of ACE service from Ceres to Merced is also under development. The docu- As part of SJRRC’s commitment to maintaining assets in a ment will explore track improvements, new stations, equip- State of Good Repair, work is underway to overhaul ACE’s ment, and layover facility needs for service to Merced. fleet of 30 railcars. SJRRC’s Transit Asset Management Plan (TAMP) identified midlife overhauls as a key initiative to en- sure ACE’s revenue fleet operates at maximum performance. Rail Car Purchase Project benefits include reduced reactive maintenance costs and a decrease in the frequency and duration of service de- To allow for increased capacity of the ACE service and pre- lays due to equipment failure. pare for the expansion of service to Sacramento and Ceres/ Merced, SJRRC has entered a joint procurement with other transits agencies. The new rail cars will be used in conjunc- tion with existing equipment and the Tier IV locomotives to create longer train consists that can transport more passen- gers between the Central Valley and the Bay Area.
DRAFT 2020/2021 Work Program and Budget 5 Capital Projects
Cabral Station Track Extension San Joaquin Joint Powers Authority Capital Projects This fully funded project will provide the final track extension between the Rail Maintenance Facility (RMF) and Cabral Station. Coordination with Union Pacific is ongoing, with Madera Station Relocation designs currently under review. Construction is anticipated to begin in Summer 2020. SJJPA has been coordinating with CalSTA and CHSRA to de- velop plans for a relocated Madera Station, which would also work as a multi-modal hub station with future HSR opera- East Channel Street Improvements tions. Environmental assessments and preliminary engineer- ing are currently underway. With a grant from SJCOG, improvements on Channel Street will offer better connectivity between the San Joaquin Re- gional Transit District’s (RTD) Downtown Transit Center and Stockton Wye Cabral Station. Final design for the project is currently under- way and construction is anticipated to begin in 2021. Senate Bill (SB-) 1 funding through the State Rail Assistance (SRA) Program was secured to construct a new track in the northwest quadrant intersection of the Union Pacific Railroad Tracy ACE Station Improvements Fresno Subdivision and BNSF Railway Stockton Subdivision.
Upgrades to the existing Tracy ACE Station, including pas- senger amenities, equipment, and parking improvements, Oakley Station Platform will improve station accessibility and facilitate an increase in ridership. Funding for the Oakley Station Platform is included in SJJPA’s Valley Rail TIRCP award. The City of Oakley is providing matching funds for the parking and other station facilities. State-Owned Equipment Truck Overhaul Amtrak will begin final design for the station platform and trackwork in during the upcoming Fiscal Year. To increase ACE Rail Maintenance Facility utilization and provide additional funding, ACE is contracted by the State of California to perform an equipment truck overhaul project of Network Integration Planning the State-Owned fleet. Coordination is underway with CHSRA, CalSTA, and Caltrans on the Network Integration Study effort, which focuses on the coordination and connectivity of the San Joaquins and ACE services with future HSR operations. This will include plan- ning for a direct connection between the San Joaquins and HSR at Merced and service options south of Merced along the BNSF corridor that would complement HSR operations.
DRAFT 2020/2021 Work Program and Budget 6 Capital Budget
DRAFT Capital Budget 2020/2021 Project Total FTA FTA FTA CMAQ IRS Bond State State of State of State of State of State of State of State of State of Cal- SB 132 ACE State Affordable State of SJVAPCD BAAQMD SJCOG STA ACTC Measure Measure for FY 20/21 Section Section Rebate Inter-City California California California Calfiornia Calfiornia California California ifornia State Expansion Housing California Funds Measure B K - Capital K - Smart 5307 Funds 5337 Funds Funds Capital TIRCP Prop 1A ITIP Prop 1B Prop 1B Prop 1B PTI- State Rail of Good Funds Sustainable LCTOP Program Growth Funds Funds CalOES CTSGP MESA Funds Assistance Repair Communities Funds SJCOG Consolidated Loan Budgeted $1,118,012 894,410 223,602
A1 & A2 Bond Repayments Budgeted $3,033,988 1,440,000 889,972 704,016
UPRR Capital Access Fee Budgeted $3,242,516 2,594,013 648,503
UPRR Capitalized Maintenance Projects Budgeted $4,000,000 1,185,093 1,846,668 718,239 250,000
Safety Improvement Fund Budgeted $500,000 500,000
ACE Extension - Stockton to Natomas Budgeted $5,000,000 5,000,000
ACE Extension - Lathrop to Ceres/Merced Budgeted $10,000,000 10,000,000
Stockton Diamond Grade Separation Budgeted $2,000,000 2,000,000
Locomotives Budgeted $1,000,000 500,000 500,000
Platform Extension Projects Budgeted $3,000,000 2,500,000 500,000
Cabral Station Track Extension Budgeted $5,000,000 1,961,755 2,038,245 500,000 500,000
Positive Train Control Budgeted $1,221,823 15,119 585,868 373,058 47,778 200,000
Rail Car Purchase Budgeted $27,000,000 15,500,000 7,500,000 4,000,000
Railcar Midlife Overhaul Budgeted $6,711,081 5,500,000 111,081 1,100,000
Locomotive Overhaul Budgeted $524,530 524,530
Locomotive Conversion Budgeted $239,328 239,328
State-Owned Equipment Truck Overhaul Budgeted $1,000,000 1,000,000
Sunol Quiet Zone Quad Gates Budgeted $475,000 475,000
East Channel Street Improvements Budgeted $2,007,500 225,000 1,782,500
Robert J. Cabral Station Expansion Budgeted $1,979,505 1,295,000 400,000 284,505
Facility Upgrades and Capital Improvements Budgeted $93,068 93,068
Lathrop/Manteca Station Improvements Budgeted $779,700 679,700 100,000
Tracy ACE Station Improvements Budgeted $1,223,367 1,023,828 199,539
Capital Spares Budgeted $546,138 246,138 300,000
Safety/Security Projects Budgeted $382,115 150,000 232,115
Short Range Transit Plan Budgeted $26,123 26,123
WiFi Upgrade Budgeted $820,000 $820,000
Public Information Display Systems (PIDS) Budgeted $500,000 225,000 $275,000
Network Integration Budgeted $450,000 450,000
SJJPA - Corridor Safety and Security Projects Budgeted $1,475,000 1,475,000
SJJPA - Station and Transportation Projects Budgeted $4,000,000 2,250,000 500,000 1,250,000
SJJPA - Minor Capital Projects Budgeted $500,000 500,000
Total BALANCE $89,848,794 7,052,069 10,266,946 4,341,914 889,972 1,500,000 25,700,000 500,000 500,000 1,475,000 422,778 232,115 5,084,328 377,573 19,500,000 4,000,000 679,700 500,000 500,000 1,621,794 725,000 2,197,105 1,782,500
DRAFT 2020/2021 7 Work Program and Budget SJRRC/ACE Operating Budget
Prior Year SJRRC/ACE 2020/2021 SJRRC 2020/2021 ACE 2020/2021 SJRRC/ % Change From Combined Operating Operating Budget Operating ACE Combined Prior Year to Budget Budget Operating Budget Current Year
Operating Revenue Measure K 4,610,096 2,459,167 964,124 3,423,291 SJCOG - Local Transportation Funds (LTF) 4,147,715 2,826,882 2,826,882 Fare Revenues 10,500,000 1,229,580 1,229,580 ACTC Measure B Local 3,091,148 3,113,049 3,113,049 ACTC Measure BB Local 1,454,292 1,464,621 1,464,621 Santa Clara VTA Local 3,793,064 3,819,880 3,819,880 Transportation for Clean Air (TFCA) 80,000 80,000 80,000 SJCOG - State Transit Assistance (STA) 702,450 65,522 65,522 MTC - State Transit Assistance (STA) 498,478 347,133 347,133 ACTC Measure B Local - Admin Fee 15,000 15,000 15,000 ACTC Measure BB Local - Admin Fee 15,000 15,000 15,000 Amtrak Thruway Service 75,000 75,000 75,000 Ticket Sales Others 163,985 163,985 163,985 State Rail Assistance 1,603,056 0 0 High Speed Rail 102,000 102,000 0 102,000 LCTOP - Means Based Fare Program 173,687 173,687 Other Revenue - Caltrans Siemens Agreement* 1,900,000 1,900,000 FTA CARES ACT 5,896,524 5,896,524 Total Operating Revenue 30,851,284 2,561,167 22,149,987 24,711,154 -20%
Project Management Services and Supplies Salaries/Benefits/Contract Help 6,581,960 1,501,731 4,875,580 6,377,311 -3% Office Expenses/Postage 56,073 22,369 27,485 49,854 -11% Subscriptions/Periodicals/Memberships 16,175 6,750 9,650 16,400 1% Office Equipment Leases / Supplies / Maintenance / Furniture 102,278 39,976 64,231 104,207 2% Computer Systems 137,500 84,750 8,850 93,600 -32% Communications 81,648 21,272 60,904 82,176 1% Motor Pool 89,070 17,240 62,149 79,389 -11% Transportation/Travel 44,900 10,650 17,125 27,775 -38% Training 25,995 7,245 18,750 25,995 0% Audits/Regulatory Reporting 83,200 14,200 69,400 83,600 0% Professional Services Legislative 79,500 76,470 - 76,470 -4% Professional Services Legal 150,000 125,000 60,000 185,000 23% Professional Services General 276,529 127,356 163,695 291,051 5% Publications/Legal Notices 27,000 11,000 16,000 27,000 0% Taxes/Assessments 23,025 23,025 - 23,025 0% Project Management, Services & Supplies Subtotal 7,774,853 2,089,034 5,453,819 7,542,853 -3% Contracted Services** Maintenance of San Joaquin County Facilities 87,000 99,499 - 99,499 14% Maintenance & Improvements System Wide ACE Stations 54,900 - 54,900 54,900 0% Maintenance of Headquarters Structures/Grounds 184,055 39,532 130,992 170,524 -7% ACE Operations & Maintenance* 8,301,828 - 3,931,538 3,931,538 -53% Positive Train Control 276,000 - 276,000 276,000 0% Consumables/Repair Parts 1,208,800 - 550,000 550,000 -55% Operating Leases 110,000 31,800 39,100 70,900 -36% Fuel 1,794,223 831,482 831,482 -54% Railroad Maintenance, Oversight/Dispatching 2,289,510 1,076,631 1,076,631 -53% Insurance 3,214,007 180,949 3,764,611 3,945,560 23% Insurance Management Fees 150,000 22,500 127,500 150,000 0% Security Services/Safety Programs 395,729 43,128 352,601 395,729 0% FRA/FTA Drug Testing Program 7,100 7,100 7,100 0% Passenger and Service Restoration Communications 389,900 33,000 422,742 455,742 17% Special Trains 163,985 163,985 163,985 0% Passenger Services 16,078 14,500 14,500 -10% Ticketing Services 885,932 436,614 436,614 -51% Professional Services Operations 509,621 21,725 243,948 265,673 -48% Communications Operations 193,071 - 96,536 96,536 -50% Communications WiFi 303,406 400,000 400,000 32% Emergency Ride Home/Emergency Bus Bridges 42,330 19,125 19,125 -55% Rail Maintenance Facility 1,144,101 1,113,480 1,113,480 -3% Contracted Services - Sub-Total 21,721,576 472,133 14,053,385 14,525,518 -33% Shuttle Services 1,354,855 - 742,783 742,783 -45% Total Operating Expenses 30,851,284 2,561,167 22,149,987 24,711,154 -20% * ACE’s third Party Operating Vendor will use existing staff to work with Caltrans and Siemens and test the new state owned rolling stock equipment being stored at the ACE Rail Maintenance Facility site. ** ‘Contracting Services Budget’ is based on a cautious assumption of operating two round-trips. DRAFT 2020/2021 Work Program and Budget 8 SJJPA Operating Budget
Prior Year SJJPA 2020/2021 SJJPA % Change From Prior Operating Budget Operating Budget Year to Current Year Operating Revenue State Intercity Rail Funds 70,393,392 65,372,796 Total Operating Revenue 70,393,392 65,372,796 -7%
Administrative Expenses Salaries/Benefits/Contract Help 2,374,767 2,361,112 -1% Office Expenses/Postage 23,333 24,517 5% Subscriptions/Periodicals/Memberships 5,000 5,000 0% Office Equipment Leases / Supplies / Maintenance / Furniture - - Computer Systems 5,000 5,000 0% Communications 28,905 28,977 0% Motor Pool 24,314 29,779 22% Transportation/Travel 30,000 40,000 33% Training 7,605 7,605 0% Audits/Regulatory Reporting 16,500 17,000 3% Professional Services Legislative 28,500 34,486 21% Professional Services Legal 75,000 75,000 0% Professional Services General 279,267 281,015 1% Professional Services Grants 67,000 67,000 0% Publications/Legal Notices 10,000 10,000 0% Professional Services Operations 20,000 20,000 0% Communications Operations 10,250 11,016 7% Maintenance of Headquarters Structures/Grounds 82,361 109,623 33% Insurance 48,000 93,850 96% Insurance Management Fees 5,000 2,500 -50% Security Services/Safety Programs - 24,109 100% Administrative Expenses Subtotal 3,140,802 3,247,589 3% Marketing Expenses Community Engagement & Marketing * 1,020,000 1,470,000 44% New Service Advertising 900,000 450,000 -50% Market Anlaysis 40,000 - Marketing Expenses Sub-Total 1,960,000 1,920,000 -2% Amtrak Contract Expense San Joaquin Intercity Rail Operations 65,292,590 60,205,207 -8% Amtrak Contract Expense Subtotal 65,292,590 60,205,207 -8% Shuttle Services - - Total Operating Expenses** 70,393,392 65,372,796 -7% * $470,000 - FY 19/20 projected State approved Rollover funds due to projects coming under budget and other projects not completed. ** San Joaquins Intercity Passenger Rail Operating Expenses reflect San Joaquin Joint Powers Authority Business Plan. Per recent direction from the State of California, Intercity Passenger Rail Programs are required to reduce service to 50-60% of normal operations and eliminate non-essential costs. The State of California and SJJPA are working to implement the required reductions to produce a final budget which will be updated in the Final Work Program.
DRAFT 2020/2021 Work Program and Budget 9 SAN JOAQUIN REGIONAL RAIL COMMISSION Meeting of June 5, 2020
STAFF REPORT
Item 7 ACTION Approve a Resolution of the Board of Commissioners of the San Joaquin Regional Rail Commission Approving Professional and Contracted Service Amendments for Fiscal Year 2019/2020 and Authorizing and Directing the Executive Director to Execute All Agreements and Amendments Not-To-Exceed the Following Amounts:
a) Allied Universal for Security Services = $338,825 b) Marsh Wortham for Insurance Broker Services = $150,000 c) Masabi, LLC for Mobile Ticketing Services = $12,000, plus 5.95% Transaction Fees of the Gross Ticket Sales d) Lisa and Dirk Lorenz for Ticketing Services = $106,116
Background: Annually, the Rail Commission utilizes option years for applicable professional and contracted services agreements. The Agreements have been previously approved by the Board for the base term and pricing. The following Amendments are recommended in the 2020/2021 fiscal year:
• Allied Universal for Security Services = $338,825 • Marsh Wortham for Insurance Broker Services = $150,000 • Masabi, LLC for Mobile Ticketing Services = $12,000, plus 5.95% Transaction Fees of the Gross Ticket Sales • Lisa and Dirk Lorenz for Ticketing Services = $106,116
In addition to the above, the following amendments are within the Executive Director’s Expenditure Authority for the 2020/201 fiscal year:
• American Eagle for Website Maintenance and Hosting = $16,800 • ETA Phi Systems for Train Tracking Software and Services = $43,643 • CJ Graphics, Inc. for Ticket Printing Services = $33,927 • Kemper CPA Group, LLP for Financial Auditing Services = $67,100 • Winter Consulting Group, LLC for Outreach Services = $38,000 • LAVTA for Tickets Sales at Livermore Station = $20,820 • Legacy Mechanical & Energy Services, Inc. for HVAC and Water Treatment Services = $17,953 • Janitek Cleaning Services for Janitorial Services = $55,610
To enter into an Amendment utilizing an option year, staff coordinated with the contractor/consultant to confirm option year pricing is still fair and reasonable.
Fiscal impact: Costs associated with the proposed agreements and amendments are allocated as follows and identified in the SJRRC/ACE Fiscal Year 2020/2021 Budget.
Recommendation: Approve a Resolution of the Board of Commissioners of the San Joaquin Regional Rail Commission Approving Professional and Contracted Service Amendments for Fiscal Year 2019/2020 and Authorizing and Directing the Executive Director to Execute All Agreements and Amendments Not-To-Exceed the Following Amounts:
a) Allied Universal for Security Services = $338,825 b) Marsh Wortham for Insurance Broker Services = $150,000 c) Masabi, LLC for Mobile Ticketing Services = $12,000, plus 5.95% Transaction Fees of the Gross Ticket Sales d) Lisa and Dirk Lorenz for Ticketing Services = $106,116
RESOLUTION SJRRC-R-19/20-
RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SAN JOAQUIN REGIONAL RAIL COMMISSION PROFESSIONAL AND CONTRACTED SERVICE AMENDMENTS FOR FISCAL YEAR 2019/2020 AND AUTHORIZING AND DIRECTING THE EXECUTIVE DIRECTOR TO EXECUTE ALL AGREEMENTS AND AMENDMENTS NOT-TO-EXCEED THE FOLLOWING AMOUNTS:
a) ALLIED UNIVERSAL FOR SECURITY SERVICES = $338,825 b) MARSH WORTHAM FOR INSURANCE BROKER SERVICES = $150,000 c) MASABI, LLC FOR MOBILE TICKETING SERVICES = $12,000, PLUS 5.95% TRANSACTION FEES OF THE GROSS TICKET SALES d) LISA AND DIRK LORENZ FOR TICKETING SERVICES = $106,116
WHEREAS, Annually the Board of Commissioners approves amendments to professional and contracted services agreements; and
WHEREAS, the funding for the professional and contracted services agreements are included in the SJRRC/ACE/SJJPA Fiscal Year 2020/2021 Budget; and
WHEREAS, the amendment is to utilize an option year; and
NOW THEREFORE, BE IT RESOLVED, that the Board of Commissioners of the San Joaquin Regional Rail Commission approve Professional and Contracted Service Amendments for Fiscal Year 2019/2020 and Authorizing and Directing the Executive Director to Execute All Agreements and Amendments Not-To-Exceed the Following Amounts:
a) Allied Universal for Security Services = $338,825 b) Marsh Wortham for Insurance Broker Services = $150,000 c) Masabi, LLC for Mobile Ticketing Services = $12,000, plus 5.95% Transaction Fees of the Gross Ticket Sales d) Lisa and Dirk Lorenz for Ticketing Services = $106,116
PASSED AND ADOPTED, by the Board of Commissioners this 5th day of June 2020, by the following vote:
AYES: NOES: ABSTAIN: ABSENT:
ATTEST: SAN JOAQUIN REGIONAL RAIL COMMISSION
______STACEY MORTENSEN, Secretary CHRISTINA FUGAZI, Chair SAN JOAQUIN REGIONAL RAIL COMMISSION Meeting of June 5, 2020
STAFF REPORT
Item 8 ACTION Approve a Resolution of the Board of Commissioners of the San Joaquin Regional Rail Commission Approving an Agreement for Crew Layover Lodging Services to Marriott San Jose Downtown for an Amount Not-To-Exceed $672,897 total from July 1, 2020 through June 30, 2021, and Authorizing the Executive Director to Execute Any and All Necessary Documents
Background: As part of the Federal Railroad Administration (FRA) regulations, the San Joaquin Regional Rail Commission is obligated to provide crew rest facilities between operating schedules. Historically, though the agency has researched other options, layover accommodations have been supplied by a local hotel near the Tamien storage facility.
While employing the services of a hotel is not seen as a long-term solution, there are several reasons why this is the best option at this point:
• Upon securing the trains at the remote Tamien storage yard in the morning, the train crew must be transported to the layover facility for each train, morning and afternoon.
• Hotels are independently safe, secure, and ADA and OSHA compliant.
• Because of the agency’s growth potential, partnering with a hotel allows for the most efficient accommodation expansion at this time.
• In the future, the agency is considering bi-directional ACE service, which would negate the need to have a crew and equipment layover facility in San Jose.
Staff has investigated various options for layover facilities, such as partnering with Caltrain on layover facilities and with Universities near the storage tracks. However, with Caltrain’s current service, crews no longer layover, and accommodations at University dorms are not available.
On February 28, 2020, SJRRC released a Request for Proposals (RFP) via vendor portal Planet Bids for the solicitation Crew Layover Lodging Services. By utilizing Planet Bids, 7 firms were notified of the opportunity. Staff also posted the opportunity on Transit Talent. Eleven (11) firms downloaded the solicitation documents.
On the due date of April 14, 2020, two (2) firms submitted proposals. During the initial procurement review, both were deemed non-responsive due to incomplete proposals. SJRRC reached out to both proposers to troubleshoot and found that both proposers were short staffed due to the COVID-19 pandemic and were unable to provide quality responses.
SJRRC staff determined that a fair and open competition for these services would not be likely in the current environment and made the decision to cancel the solicitation with the intent to release a new solicitation towards the end of 2020 or early 2021.
Currently, Marriott San Jose Downtown (Marriott) is under contract for these services and they submitted a proposal for the RFP. SJRRC reached out to Marriott to see if they would be willing to enter into a one (1) year agreement knowing that the effects of COVID-19 are unknown. Marriott agreed and provided rates that are the same as the current agreement. It is in the Commission’s best interest to continue for an additional year with Marriott San Jose Downtown as a sole source.
Sole Source Justification: Section 7.1 sets forth the criteria allowing for sole source purchases. Pursuant to Section 7.1.1.5 of SJRRC's Procurement Manual, "[Where] [t]here are other sources of supply but because of financial, schedule, performance and other factors a single source of supply is immune from effective competition. Such an immunity is created when the award to a different contractor would create a waste of SJRRC funds resulting from a substantial increase in support costs, a substantial schedule delay not owing to poor planning by SJRRC, an unacceptable technical risk towards completion of a project (or continuation of a warranty), or substantial increases in lifecycle costs." Furthermore, pursuant to Section 7.1.2.3.1 of SJRRC's Procurement Manual, “…No purchase order shall be issued to the vendor until the Contracts and Compliance Department and a Director have confirmed that the procurement qualifies as a sole source purchase, and an encumbered requisition confirms that budgeted funds are available and SJRRC Legal Counsel has been consulted.”
At this time, it is at SJRRC's best interest to enter into a sole source agreement with Marriott San Jose Downtown for these services based on the following:
• A waste of agency funds would be created in the use of staff time to release a solicitation in the current environment with the knowledge that a fair and open competition is not available.
• Schedule delay is not due to any poor planning of SJRRC. Due to the current pandemic, a fair and open competition is unable to be performed at this time. However, SJRRC is still required to provide a rest period.
• The SJRRC Contracts and Compliance Department and a Director have confirmed that the procurement qualifies as a sole source purchase, budgeted funds are available and SJRRC Legal counsel has been consulted.
Marriott San Jose proposed a daily room rate of $132.46 inclusive of taxes and other fees for Weekdays. The Not-To-Exceed Amount was calculated as follows:
Other Standard Local Tax Max Number of Estimated Fees Total Rate Room Rate Rate 14% Rooms per Day Service Days (Daily)
$114.00 $15.96 $2.50 $132.46 20 254 $ 672,896.80
Total Not to Exceed $ 672,896.80
The contract to be awarded is for one (1) year with no additional options. SJRRC will prepare and release a new solicitation at such time the COVID-19 pandemic has ended.
Fiscal Impact: Funding for the Crew Layover Lodging Services is included in the fiscal year 2020/2021 budget in the ACE Operations and Maintenance line.
Recommendation: Approve a Resolution of the Board of Commissioners of the San Joaquin Regional Rail Commission Approving an Agreement for Crew Layover Services to Marriott San Jose Downtown for an Amount Not-To-Exceed $728,001 total from July 1, 2020 through June 30, 2021, and Authorizing the Executive Director to Execute Any and All Necessary Documents.
RESOLUTION SJRRC-R-19/20-
RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SAN JOAQUIN REGIONAL RAIL COMMISSION APPROVING AN AGREEMENT FOR CREW LAYOVER LODGING SERVICES TO MARRIOTT SAN JOSE DOWNTOWN FOR AN AMOUNT NOT- TO-EXCEED $672,897 TOTAL FROM JULY 1, 2020 THROUGH JUNE 30, 2021, AND AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS
WHEREAS, SJRRC requires Crew Layover Lodging Services at San Jose; and
WHEREAS, a Request for Proposal for Crew Layover Lodging Services was issued on February 28, 2020 with a due date of April 14, 2020; and
WHEREAS, on April 14, 2020, two proposals were received for Crew Layover Lodging Services; and
WHEREAS, the proposals received were deemed non-responsive to the RFP and staff determined that a fair and open competition is unlikely in the current COVID-19 pandemic; and
WHEREAS, Marriott San Jose Downtown is currently providing these services and is willing to continue providing the services as needed for the next year; and
WHEREAS, the Rail Commission came to agreement on the terms and price with Marriott San Jose for Crew Layover Lodging Services; and
NOW, THEREFORE, BE IT RESOLVED, that the Board of Commissioners of the San Joaquin Regional Rail Commission hereby Authorize an Agreement for Crew Layover Services to Marriott San Jose Downtown for an Amount Not-To-Exceed $672,897 total from July 1, 2020 through June 30, 2021, and Authorizing the Executive Director to Execute Any and All Necessary Documents.
PASSED AND ADOPTED, by the Board of Commissioners this 5th day of June 2020, by the following vote:
AYES: NOES: ABSTAIN: ABSENT:
ATTEST: SAN JOAQUIN REGIONAL RAIL COMMISSION
______STACEY MORTENSEN, Secretary CHRISTINA FUGAZI, Chair