Commissioner, Bob Johnson, Chair, City of Lodi Commissioner, Steve Dresser, City of Lathrop Commissioner, Michael Maciel, Vice-Chair, City of Tracy Commissioner, Vince Hernandez, City of Manteca Commissioner, Moses Zapien, San Joaquin County Commissioner, Christina Fugazi, City of Stockton Commissioner, Scott Haggerty, Alameda County Commissioner, Bill Harrison, City of Fremont
Executive Director, Stacey Mortenson
SAN JOAQUIN REGIONAL RAIL COMMISSION
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 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. The San Joaquin Regional Rail Commission does not furnish interpreters and, if one is needed, it shall be the responsibility of the person needing one. Any writings or documents provided to a majority of the Commission regarding any item on this agenda will be made available 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.
AGENDA June 3, 2016 – 8:00 am
Robert J. Cabral Station Heritage House City of Fremont City Hall South Hall Meeting Room (Conference Call) (Conference Call) 949 East Channel Street County of Alameda Ardenwood Room Stockton, CA 95202 4501 Pleasanton Avenue 3300 Capitol Avenue, Bldg A Pleasanton, CA 94566 Fremont, CA 94537
1 Call to Order, Pledge of Allegiance, Roll Call Chair Johnson
Roll Call: Haggerty, Harrison, Dresser, Fugazi, Hernandez, Zapien, Vice-Chair Maciel, Chair Johnson
Ex- Officios: Agar, Chesley, DeMartino
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 five 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 www.acerail.com/about-ace/sjrrc-board.html subject to staff’s ability to post the documents prior to the meeting.
3 Presentations and Recognitions
4 Consent Calendar
4.1 Minutes of May 6, 2016 ACTION 5 4.2 Rail Commission/ACE Monthly Expenditure INFORMATION 10 4.3 ACE Monthly Fare Revenue INFORMATION 12 4.4 ACE Ridership INFORMATION 13 4.5 ACE On-Time Performance INFORMATION 14 4.6 Washington Update INFORMATION 15
4.7 Approve Resolution of the Board of Commissioners ACTION Updating the San Joaquin Regional Rail Commission’s Title VI Program And Adoption of the San Joaquin Regional Rail Commission’s 2016 Title VI Compliance Program
4.8 Approve Resolution of the Board of Commissioners ACTION of the San Joaquin Regional Rail Commission Authorizing Shuttle Services for the Altamont Corridor Express (ACE) Service for Fiscal Year 2016/2017 and Authorizing and Directing the Executive Director to Execute All Agreements with the following Agencies:
a. Santa Clara Valley Transportation Authority $798,284 b. Livermore-Amador Transportation Authority $171,286 c. Contra Costa County Transportation Authority $117,389
4.9 Approve Resolution of the Board of Commissioners of ACTION the San Joaquin Regional Rail Commission Approving Ongoing and Multi-Year Professional and Contracted Services Agreements for Fiscal Year 2016/2017 and Authorizing and Directing the Executive Director to Execute All Agreements Not to Exceed the Following Amounts:
a. Neumiller and Beardslee - for Agency Legal Services - $285,000 i. General Services - $140,000 ii. Claims - $70,000 iii. Capital Projects - $75,000 b. Diesel Fuel - $1,612,500
2 of 86 c. Ops & Safety Consulting Services - $100,000 d. Marsh – Insurance Brokerage Services and Placement – $180,000 e. Legislative Advocacy – $100,000
4.10 Approve Resolution of the Board of Commissioners of the San Joaquin Regional Rail Commission Authorizing a Five-Year Contract with Two One-year Options for Fire Alarm and Sprinkler Monitoring and Maintenance Services to Tri-Signal Integration, Inc. for ACTION an Amount Not-To-Exceed $163,455 total from July 1, 2016 through June 30, 2021, and Authorizing and Directing the Executive Director to Execute the Agreement
4.11 Approve Resolution of the Board of Commissioners of the San Joaquin Regional Rail Commission Authorizing a Three-Year Contract for Ticketing Services to Lisa Lorenz and Dirk Lorenz for an Amount Not-To-Exceed ACTION $296,805 total from July 1, 2016 through June 30, 2019, and Authorizing and Directing the Executive Director to Execute the Agreement
5 Approve Resolution of the Board of Commissioners of the ACTION San Joaquin Regional Rail Commission Authorizing the Chair to Negotiate with the Chair of the San Joaquin Joint Powers Authority to Extend the Term of the Managing Agency Agreement with the Rail Commission for the Oversight of the San Joaquin Intercity Rail Service for an Additional Three (3) Years ACTION 6 Public Hearing: Presentation and Approval of a ACTION Resolution Adopting the SJRRC/ACE/SJJPA Combined Fiscal Year 2016/2017 Work Program and Operating Budget of $71,413,757 and Capital Budget of $42,661,203
7 Approve Resolution of the Board of Commissioners ACTION ACTION of the San Joaquin Regional Rail Commission Authorizing a Three-Year Contract for Crew Layover Services to Marriott San Jose Downtown for an Amount Not-To-Exceed $1,466,047 total from July 1, 2016 through June 30, 2019, and Authorizing and Directing the Executive Director to Execute the Agreement
8 Commissioner Comments ACTION
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9 Ex-Officio Comments
10 Executive Director Report DICUSSION
11 CLOSED SESSION: Conference with Legal Counsel DISCUSSION/ACTION – Anticipated Litigation Government Code Section 54956.9(b)(1): multiple potential cases
12 CLOSED SESSION: CONFERENCE WITH LABOR NEGOTIATORS DISCUSSION/ACTION Agency Designated Representative: Chair Bob Johnson Unrepresented Employee: Executive Director
13 Adjournment The next regular meeting is scheduled for July 1, 2016 – 8:00 am Robert J. Cabral Station, 949 East Channel Street, Stockton, CA
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SAN JOAQUIN REGIONAL RAIL COMMISSION June 3, 2016 Item 4.1 ACTION Minutes of May 6, 2016 The regular meeting of the San Joaquin Regional Rail Commission was held at 8:00 am, May 6, 2016 at the Robert J. Cabral Station, 949 East Channel Street Stockton, CA 95202. 1 Call to Order/Pledge of Allegiance/Roll Call
Chair Johnson called the meeting to order at 8:00 am and led the audience in the Pledge of Allegiance.
Commissioners Present: Haggerty, Harrison, Dresser, Fugazi, Hernandez, Zapien, Vice-Chair Maciel, Chair Johnson Ex-Officio Members Present: Knodt (SJRTD), Chesley (SJCOG)
2 Public Comments None
3 Presentations and Recognitions None
4 Consent Calendar
4.1 Minutes of April 1, 2016 ACTION 4.2 Rail Commission/ACE Monthly Expenditure Report INFORMATION 4.3 ACE Monthly Fare Revenue INFORMATION 4.4 ACE Ridership INFORMATION 4.5 ACE On-Time Performance INFORMATION 4.6 Washington Update INFORMATION
M/S/C (Maciel/Hernandez) Approve the Consent Calendar. Passed and Adopted by the San Joaquin Regional Rail Commission on the 4th day of March 2016 by the following vote to wit:
AYES: 6 Dresser, Fugazi, Hernandez, Zapien, Vice-Chair Maciel, Chair Johnson NOES: 0 ABSTAIN: 0 ABSENT: 2 Haggerty, Harrison
5 Conduct a Public Hearing on the Proposed ACE Fare ACTION Increase, Accept Report Summarizing Comments Received during the Public Comment Period, and Approve a Resolution of the Board of Commissioners of the San Joaquin Regional Rail Commission Adopting a Fare Increase of 5.25 Percent for all Fares Rounded Up to the Nearest 25¢, Effective October 3, 2016 5 of 86
Brian Schmidt presented proposed fare increase and public comments received during the Public Comment period.
Commissioner Maciel asked why a Bay Area CPI is used and not a local CPI.
Mr. Schmidt noted at the startup of the ACE Service in order to come to a consensus with the two Bay Area Counties on structured increases the San Francisco/Oakland/San Jose Urban Wage Earners CPI was agreed upon and used as an index for the ACE agreements.
Commissioner Dresser asked if any applications were used to solicit feedback while people are on the train. This may be away to receive increased comments from passengers.
Chair Johnson Opened the Public Hearing at 8:17 am.
No Comments were received and Chair Johnson closed the Public Hearing at 8:20 am.
M/S/C (Maciel/Dresser) 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 Obtain Financial Assistance Provided by the California State Transportation Agency (CalSTA) Under the Cap and Trade Program. Passed and Adopted by the San Joaquin Regional Rail Commission on the 1st day of April 2016 by the following vote to wit:
AYES: 8 Harrison, Haggerty, Dresser, Fugazi, Hernandez, Zapien, Vice-Chair Maciel, Chair Johnson NOES: 0 ABSTAIN: 0 ABSENT: 0
6 Conceptual Capital and Operating Budgets for INFORMATION Fiscal Year 2016/2017
Mr. Schmidt presented the conceptual Fiscal Year 2016/2017 Capital and Operating Budgets for SJRRC, ACE and the SJJPA.
Mr. Schmidt gave a brief description of the capital projects proposed for the upcoming year.
Ms. Mortensen noted in the final work program and budget the projects will be described and identified as fiscal year projects or multi-year projects.
Mr. Schmidt presented the operating budgets highlighting line items which had significant changes from the current years approved budget. Explaining the reasons for the increases.
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7. Update on Local Transportation Fund (LTF) Allocations DISCUSSION/ACTION For 2016/2017
Ms. Mortensen provided the Board with an update of the progress she, Ms. De Martino and Mr. Chesley have made in getting all agencies to take a cut in LTF funding while not touching other available funding. Ms. Mortensen noted two proposals were presented at the April, 2016, COG Board meeting and that both proposals have good qualities to them, and she, Ms. De Martino and Mr. Chesley are working to combine the best of the two proposals to come up with a long term solution for the region, including forgiving the Commission’s Land loan which will reduce the Commission’s LTF request.
Ms. Mortensen did note at the February Rail Commission meeting the Board took action to file an appeal if the Commission did not receive $4m in LTF, and that any proposal agreed upon and approved at the COG Board which did not provide the Commission with $4m dollars in LTF would require an appeal. As a result of the current discussions Ms. Mortensen asked Legal Counsel to recommended language revising the February Commission direction to allow options to be discussed and agreed upon which are less than the $4M LTF request.
Mr. Chesley agreed with Ms. Mortensen that he, Ms. Mortensen and Ms. De Martino are close to reaching an agreement.
Dan Schroeder, Legal Counsel recommended the following motion: Stay the filing of an automatic appeal pending a review of a SJ COG Board decision on the LTF, but authorize the Chair to direct the filing of the appeal if the time to file the appeal will expire before the Commission can meet.
Mr. Schroeder emphasized the portion of the motion to authorize the Chair to direct the filing of an appeal is only to protect the Commission just in case a filing deadline comes before the Commission can meet, and is very unlikely.
Commissioner Zapien noted since he was not part of the February decision, he supports the first component of the motion, but not the second component, authorizing the Chair to direct the filing an appeal if the time to appeal will expire before the Commission can meet.
Commissioner Hernandez stated the February decision was a great motivator to get the LTF issue resolved.
Commission Maciel agreed with Commissioner Hernandez.
Ms. Mortensen informed the Board members for Alameda County this a San Joaquin Rail Commission item not an ACE item.
M/S/C (Johnson/Maciel) Stay the Filing of an Automatic Appeal Pending the Commission’s review of a SJ COG Board Decision on LTF, but authorize the Chair to direct the Filing of an Appeal if the Time to File the Appeal will Expire Before the Commission can Meet:
AYES: 5 Dresser, Fugazi, Hernandez, Vice-Chair Maciel, Chair Johnson 7 of 86
NOES: 1 Zapien ABSTAIN: 0 ABSENT: 0
8. April 7th, 2016 ACE #10 Debrief with Alameda Co. First Responders INFORMATION
Mr. Schmidt briefed the Board on the April 7th debrief with Alameda County First Responders. Mr. Schmidt noted Commissioner Maciel attended the 3 hour debrief along with 67 First Responders.
Commissioner Haggerty noted 143 First Responders were recognized by the Alameda County Board of Supervisors for their outstanding efforts at the March 7th, ACE #10 derailment.
9 Commissioner Comments
Commissioner Zapien noted attending an Altamont Rail Working Group Meeting and requested an Information Item to be on the agenda at a future meeting to update the Commission Board on the efforts of the Working Group.
Commissioner Haggerty noted the next meeting of the Altamont Rail Working Group will be in Tracy.
10 Ex-Officio Comments
Mr. Chesley informed the Board, COG staff will be proposing to the COG Board repurposing Earmark dollars from Congressman Pombo to the Stockton Track Extension in the amount of $6,879,678.
11 Executive Director Comments
Ms. Mortensen thanked the numerous legislature’s and SJCOG for their assistance in writing letters and working the with the HSR Board of Directors and staff to include Northern California in the 2016 HSR Business Plan.
12 CLOSED SESSION: DISCUSSION
Conference with Legal Counsel – Anticipated Litigation Government Code Section 54956.9(b)(1): multiple potential cases
Legal Counsel noted there was no reportable action taken by the Board in closed session.
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13 Adjournment –
The meeting was adjourned at 9:23 am. The next regular meeting is scheduled for: June 3, 2016 – 8:00 am Robert J. Cabral Station 949 E. Channel Street, Stockton CA
9 of 86 Item 4.2
San Joaquin Regional Rail Commission Altamont Corridor Express Operating and Capital Expense Report April 2016 83 % of Budget Year Elapsed
SJRRC EXPENSE % ACE EXPENSE % FY 15-16 TO SPENT FY 15-16 TO SPENT OPERATING EXPENSES ALLOCATION DATE TO DATE ALLOCATION DATE TO DATE
Project Management, Services & Supplies Project Management, Services & Supplies Subtotal 644,852 366,667 57% 4,217,370 2,760,584 65% Contracted Services Subtotal 399,739 197,936 50% 15,186,149 9,077,503 60% Shuttle Services 1,203,190 565,793 47% TOTAL OPERATING EXPENSES 1,044,591 564,603 54% 20,606,709 12,403,879 60%
CAPITAL EXPENSE % FY 15-16 TO SPENT CAPITAL PROJECTS ALLOCATION DATE TO DATE
1 Cabral Track Extension 1,946,720 45,182 2% 2 A1 & A2 Bond Repayment 3,038,013 3,038,013 100% 3 Altamont Corridor Rail Project HSR/Regional Rail EIR/EIS 10,200,000 329 0% 4 UPRR Capital Access Fee 3,242,516 1,080,838 33% 5 Positive Train Control 5,000,000 4,191,304 84% 6 Mid Life Overhaul of 1 Locomotive 1,400,000 - 0% 7 Capital Spares/Upgrades for Passenger Cars and Locomotives 850,000 388,988 46% 8 San Joaquin Intercity Minor Capital Project ( Funded by State of California) 500,000 0% 9 eTicketing 1,000,000 1,548 0% 10 ACE Maintenance & Layover Facility 1,200,000 4,014 0% 11 Security Project (On Board Cameras) 1,000,000 11,185 1% 12 Sunol Wayside Horn Project 800,000 4,476 1% 13 RMF Ballast - 4,841 0% TOTAL CAPITAL PROJECTS 30,177,249 8,770,717 29%
10 of 86 Status on Capital Projects 1 Cabral Track Extension Phases 1-3 - Cabral Track Extension is currently ongoing and is scheduled to be completed in a future fiscal year. 2 Bond Repayments - Bond repayments are made bi-annually. The first payment for the fiscal year was made on October 15, 2015 and the second payment was made in April 2016. 3 Altamont Corridor Rail Project HSR/Regional Rail EIR/EIS - Project is currently ongoing.
4 UPRR Capital Access Fee - Payment due May 2016
5 Positive Train Control - Expected completion is 16-17. Project is currently ongoing
6 Mid Life Overhaul of 1 Locomotive - No activity to date.
7 Capital Spares/Upgrades for Passenger Cars and Locomotives - is currently ongoing 8 San Joaquin Intercity Minor Capital Project (Funded by State of California) - No activity to date. 9 eTicketing Project - is currently ongoing. 10 ACE Maintenance & Layover Facility - Final processing of change orders, final payments applications and other paperwork are underway, this will allow the project to be formally “closed-out.” 11 Security Project (On Board Cameras) - In final phase of testing.
12 Sunol Wayside Horn - is currently ongoing
13 RMF Ballast Project - is currently ongoing.
11 of 86 Fare Revenue Item 4.3 800,000
750,000
700,000
650,000
600,000
550,000
500,000
450,000
400,000
350,000
300,000 FY Jul-15 Aug-15 Sep-15 Oct-15 Nov-15 Dec-15 Jan-16 Feb-16 Mar-16 Apr-16 May-16 Jun-16 TOTAL FY 15-16 Fare Revenue 691,120 726,320 756,505 775,946 689,118 624,172 704,914 715,693 708,873 677,010 - - 7,069,670 FY 14-15 Fare Revenue 622,997 656,896 745,617 732,067 544,828 623,202 680,375 622,604 721,746 689,067 729,375 617,884 7,986,657
% of Budget Year Elapsed: 83% FY 15-16 % of Budgeted Fare Revenue Received to Date: 88.4% Projected Annual Fare Revenue: $8,000,000
12 of 86 ACE DAILY AVERAGE RIDERSHIP
104,176 103,190 105,411 105,454 109,072 115,890 122,306 102,515 91,386 99,795 101,399 109,802 105,927 6000
5000
4000
3000
2000
1000
0 Apr-15 May-15 Jun-15 Jul-15 Aug-15 Sep-15 Oct-15 Nov-15 Dec-15 Jan-16 Feb-16 Mar-16 Apr-16 DAILY AVERAGE 4735 5160 4791 4793 5133 5519 5436 5325 4107 4928 4887 4991 5044 MONTHLY RIDERSHIP 104,176 103,190 105,411 105,454 109,072 115,890 122,306 102,515 91,386 99,795 101,399 109,802 105,927
% CHANGE 4% -2% 7% 5% 7% 6% 4% 15% 9% 4% 8% 3% 2% ITEM 4..4 13 of 86 ACE ON TIME PERFORMANCE
100
90
80
70
60
50
OTP% 40
30
20
10
0 Apr-15 May-15 Jun-15 Jul-15 Aug-15 Sep-15 Oct-15 Nov-15 Dec-15 Jan-16 Feb-16 Mar-16 Apr-16
YTD OTP % 90.91 95.00 93.18 93.18 97.62 91.02 90.86 90.13 95.83 78.48 84.66 89.71 91.67 Item 4.5
14 of 86 Monthly OTP % 92.19 92.74 92.81 92.87 93.46 93.19 92.95 92.72 92.98 78.48 81.62 84.48 86.3 101 Constitution Avenue NW Suite 600 East Washington, DC 20001 P 202.559.2600 F 202.559.2601 www.mhgsdc.com
San Joaquin Regional Rail Commission Monthly Report – May 2016
SJRRC and MHGS Items MHGS provided information to SJRRC regarding the repurposing of old earmarks. MHGS provided the required TIGER documentation to the offices of Senators Boxer and Feinstein to facilitate their support of SJRRC’s submitted application. MHGS provided SJRRC with information regarding PTC and passenger rail funding in the Senate and House THUD Appropriations bills. MHGS covered and provided a memo regarding the House THUD Appropriations Subcommittee mark up of the FY17 THUD Appropriations bill. MHGS covered and provided a memo regarding the House Appropriations Full Committee mark up of the FY17 THUD Appropriations bill.
Congressional Appropriations and Budget Process
FY17 Administration Budget: The Administration released its FY 2017 budget on February 9th. The Budget provides a total of $98.1 billion in discretionary and mandatory budgetary resources for the Department of Transportation in 2017. Over the next decade, the Budget reflects an average increase of about $30 billion per year in investments associated with the 21st Century Clean Transportation Plan to reduce traffic and carbon intensity of the transportation sector and adapt to emerging technologies in developing sustainable systems of the future. This investment package includes: o An average of about $10 billion a year over 10‐years for new, multi‐modal programs awarded at the state and local level to promote innovations that lead to smarter, cleaner regional transportation systems; o On average, $10.5 billion annually over 10 years to improve our Nation’s transit systems, including $3.6 billion per year to expand the development, access and use of public transit; o Nearly $7 billion annually on average over 10 years to support current operations, improve rail safety and invest in high‐performance rail initiatives; o $2 billion in FY 2017 to expand investment in the future of our freight system, in addition to nearly $2 billion in baseline resources; o $1.25 billion annually to expand the successful, multi‐modal Transportation Investment Generating Economic Recovery (TIGER) program. The Budget also fully supports FAST‐authorized funding levels for the surface transportation program, which are aimed at keeping the system safe and in a state of good repair. For 2017, this includes:
{6140963:2} 15 of 86 101 Constitution Avenue NW Suite 600 East Washington, DC 20001 P 202.559.2600 F 202.559.2601 www.mhgsdc.com o $44 billion to invest in the critical infrastructure of the nation’s highway and bridge systems; o Nearly $10 billion to support operations of public transit systems across the Nation; o Roughly $730 million for the National Highway Traffic Safety Administration (NHTSA) to research and develop new, life‐saving technologies and to support vehicle safety programs; o Around $640 million to support nationwide motor carrier safety and consumer enforcement efforts through the Federal Motor Carrier Safety Administration (FMCSA). The Budget also provides discretionary resources to fund air, maritime and pipeline and hazardous materials transportation activities, including: o $15.9 billion for the Federal Aviation Administration (FAA) to invest in the safest, most efficient aerospace system in the world. o $295 million for the Pipeline and Hazardous Materials Safety Administration (PHMSA) to facilitate the safe transportation of hazardous materials through pipelines, rail, roadway, air, and waterways. o $428 million for the Maritime Administration to implement programs that promote the economic competitiveness, efficiency, and productivity of U.S. maritime transportation. o $36 million for the Saint Lawrence Seaway Development Corporation (SLSDC), to operate and maintain the U.S. portion of the binational St. Lawrence Seaway, and promote environmental management and regional economic development.
FY17 Congressional Budget: On 10/27/15 House Republican Leadership released a draft 2‐year budget framework that was negotiated with the support of the White House. The legislation would raise the debt ceiling through March 2017 and establish defense and non‐defense spending caps for FY16 and FY17 which would increase spending by $80 billion over those two fiscal years. The increase in spending is offset by tapping the Strategic Petroleum Reserve, auctioning spectrum and other revenues and cuts. The House passed the measure on 10/28, and on 10/30, the Senate cleared the two‐ year budget and debt ceiling deal, just 72 hours after it was unveiled by congressional leaders and the White House. Less than 4 months after the 2‐year deal was signed into law, members of the Freedom Caucus and other conservative lawmakers are demanding additional spending cuts for FY17. House Budget Committee Chairman Price has acknowledged that he would have to cut an estimated $30 billion from the October 2015 deal for FY17 in order to get a budget agreement passed in the House. These cuts are likely to come from mandatory programs, but the legislative process for advancing these cuts is not yet determined. Appropriators are resistant to including these cuts within their annual
{6140963:2} 16 of 86 101 Constitution Avenue NW Suite 600 East Washington, DC 20001 P 202.559.2600 F 202.559.2601 www.mhgsdc.com bills, but other options (like advancing the cuts as a stand‐alone measure) have drawbacks as well. Neither the House nor the Senate has passed a budget resolution for FY17. The budget resolution provides 302(b) allocations which give appropriators topline numbers of how much money is available for them to work with in writing their bills. Without these 302(b) allocations, it is difficult for appropriators to put together spending bills. The Senate Appropriations Committee established their 302(b) allocations through a deeming resolution (bypassing the budget process) that adhere to last year’s agreement. The House has started the appropriations process using “interim” spending levels.
FY17 THUD Appropriations: The Senate marked up their THUD bill on 04/21. It passed through committee by a 30‐0 vote. After working through some controversial amendments on the Senate floor, the THUD Appropriations bill passed the Senate by a vote of 89‐8 on 05/19. The bill contains the following provisions regarding rail and transit:
Rail – $1.7 billion for the Federal Railroad Administration, $76 million above the FY2016 enacted level. This includes $1.4 billion for Amtrak for the Northeast Corridor and National Network, continuing service for all current routes. The bill provides $334 million for rail safety and research programs, $46 million above the FY2016 enacted level. This will fund inspectors and provide training to help ensure the safety of passengers and local communities. The bill also provides $50 million for rail safety activities in the Consolidated Rail Infrastructure and Improvement grants program, $20 million for Federal‐State Partnership for State of Good Repair grants, and $15 million for Restoration and Enhancement grants. These programs will help implement Positive Train Control (PTC), enhance passenger rail safety, reduce highway‐rail grade crossings incidents, and address the state of good repair backlog on shared use passenger and local commuter rail infrastructure.
Transit – $12.3 billion for the Federal Transit Administration, $575 million above FY2016 enacted level. The bill provides $9.7 billion for transit formula grants, consistent with the FAST Act. The bill provides $2.3 billion for Capital Investment Grants (New Starts), fully funding all current Full Funding Grant Agreement transit projects. Within this amount, $333 million is provided for core capacity projects, $241 million for small starts projects, and $20 million for the expedited delivery pilot program. These programs provide competitive grant funding for major transit capital investments planned and operated by local communities, including rapid rail, light rail, bus rapid transit, and commuter rail.
{6140963:2} 17 of 86 101 Constitution Avenue NW Suite 600 East Washington, DC 20001 P 202.559.2600 F 202.559.2601 www.mhgsdc.com The House marked up their THUD bill on 05/24. It passed through committee by voice vote. It has yet to be considered on the House floor. The committee draft contains the following provisions regarding rail and transit:
Rail – The Federal Railroad Administration is funded at $1.7 billion, an increase of $42 million over the fiscal year 2016 enacted level and $4.5 billion below the request. The bill adopts the new Amtrak funding structure as authorized, providing $420 million for Amtrak’s Northeast Corridor and $1 billion to support the national network. The bill also continues reforms to ensure the best use of tax dollars, such as requiring overtime limits for Amtrak employees to reduce unnecessary costs, and prohibiting funds from being used to subsidize losses associated with Amtrak’s food and beverage service. Rail safety and research programs are funded at $300 million, $12 million above the fiscal year 2016 enacted level. This will fund inspectors and training, plus maintenance and safety investments to the physical rail infrastructure, to help ensure the safety of passengers and local communities. No funding is provided for high‐speed rail.
Transit – The bill provides $12.5 billion in total budgetary resources for the Federal Transit Administration (FTA) – $743 million above the fiscal year 2016 enacted level and $7.4 billion below the request. Transit formula grants total $9.7 billion – consistent with the authorization level – to help local communities build, maintain, and ensure the safety of their mass transit systems. Within this amount, $2.5 billion is included for Capital Investment Grants (“New Starts”), full funding ($1.2 billion) is included for all current “Full Funding Grant Agreement” (FFGA) transit projects, and an additional $500 million is included for FFGAs that will come online over the new year. Core capacity projects receive $332 million in the bill – an increase of $282 million – and $408 million is included to fund all state and local “Small Starts” projects that will begin in fiscal year 2017. These programs provide competitive grant funding for major transit capital investments – including rapid rail, light rail, bus rapid transit, and commuter rail – that are planned and operated by local communities.
FY16 Omnibus: On December 18th the House (316‐113) and Senate (65‐33) passed the FY16 Omnibus Appropriations bill. The omnibus combines all 12 annual appropriations bills to fund the government at $1.149 trillion (consistent with the 2‐year budget deal passed in October) through the end of FY16. The bill includes $18.65 billion in FY2016 discretionary appropriations for the Department of Transportation, $847 million above the FY2015 enacted level and $2.7 billion below the President’s request (disregarding the Administration’s request to shift more funding in certain programs from discretionary to mandatory spending.) Within this amount, funding is prioritized on programs to make the transportation systems safe, efficient, and reliable.
{6140963:2} 18 of 86 101 Constitution Avenue NW Suite 600 East Washington, DC 20001 P 202.559.2600 F 202.559.2601 www.mhgsdc.com TIGER Grants are funded at $500 million, equal to the FY2015 enacted level, for TIGER grants, which are also known as National Infrastructure Investments. The Federal Railroad Administration (FRA) is funded at $1.68 billion, an increase of $52 million above the FY2015 enacted level. This includes $289 million for Amtrak operations and continued service for all current routes, and $1.1 billion for capital grants. The bill also promotes necessary reforms to Amtrak, and repurposes $19 million in old, unobligated rail funding to support the Northeast Corridor. The bill includes $288 million to support rail safety and research programs, including inspectors and safety personnel to help ensure the safety of passengers and local communities. This funding also includes $50 million for rail safety grants, to support the implementation of Positive Train Control (PTC) and improve rail infrastructure, such as track, tunnels and bridges. The Federal Transit Administration (FTA) is funded at $11.76 billion, consistent with the recently‐passed authorization in the FAST Act. The bill provides a total of $2.177 billion for Capital Investment Grants (“New Starts”), fully funding all current “Full Funding Grant Agreement” (FFGA) transit projects, as well as supports new projects anticipated to receive FFGA awards. Also $50 million is provided for core capacity projects, and $353 million for Small Starts projects. In total, Congress passed three CRs before passing a final omnibus bill for FY16.
FAST Act/Surface Transportation/Passenger Rail On December 4th, President Obama signed into law the FAST Act, a 5‐year authorization of surface transportation programs. Amtrak and passenger rail programs were reauthorized as part of the FAST Act. The House passed the bill on December 3rd (359‐65) and the Senate passed the bill on the same day (83‐16). The FAST Act is the result of intense conference negotiations between the House and Senate to resolve differences between their two different surface transportation bills. With regard to Hazardous Materials, the bill: o Grants states more power to decide how to spend training and planning funds for first responders o Requires Class I railroads to provide crude oil movement information to emergency responders o Reforms an underutilized grant program for state and Indian tribe emergency response efforts o Better leverages training funding for hazmat employees and those enforcing hazmat regulations o Requires real‐world testing and a data‐driven approach to braking technology o Enhances safety for both new tank cars and legacy tank cars o Speeds up administrative processes for hazmat special permits and approvals
{6140963:2} 19 of 86 101 Constitution Avenue NW Suite 600 East Washington, DC 20001 P 202.559.2600 F 202.559.2601 www.mhgsdc.com o Cuts red tape to allow a more nimble federal response during national emergencies The rail title of the bill: o Provides robust reforms for Amtrak, including reorganizing the way Amtrak operates into business lines o Gives states greater control over their routes, by creating a State‐Supported Route Committee o Speeds up the environmental review process for rail projects, without sacrificing environmental protections o Creates opportunities for the private sector through station and right‐of‐way development o Consolidates rail grant programs for passenger, freight, and other rail activities o Establishes a Federal‐State Partnership for State of Good Repair grant program o Strengthens Northeast Corridor planning to make Amtrak more accountable and states equal partners o Allows competitors to operate up to three Amtrak long‐distance lines, if at less cost to the taxpayer o Strengthens passenger and commuter rail safety, and track and bridge safety o Preserves historic sites for rail while ensuring that safety improvements can move forward o Unlocks and reforms the Railroad Rehabilitation and Improvement Financing (RRIF) loan program o Includes reforms to get RRIF loans approved more quickly with enhanced transparency o Provides commuter railroads with competitive grants and loans to spur timely Positive Train Control implementation o Provides competitive opportunities for the enhancement and restoration of rail service o Increases the rail liability cap
Surface Transportation Board Reauthorization Bill On December 18th the President signed the Surface Transportation Board Reauthorization, S. 808, into law. The bill was passed by the House on December 10th by voice vote. On June 18th, the Surface Transportation Board Reauthorization bill passed the Senate by Unanimous Consent. The bill was then sent to the House. The bill was introduced on March 19, 2015 by Senators Thune and Nelson. Specifically, the bill: 1) Sets timelines for rate reviews and expands voluntary arbitration procedures, 2) Grants STB new authority to proactively investigate rail delay issues and enhances transparency, and 3) Enacts structural reforms on the board (increases to 5 members) to allow for direct discussion to improve efficiency
{6140963:2} 20 of 86 101 Constitution Avenue NW Suite 600 East Washington, DC 20001 P 202.559.2600 F 202.559.2601 www.mhgsdc.com The bill was passed out of the Commerce Committee on March 25th. MHGS covered the mark up and provided a separate memo.
Tax extenders/Tax Reform On December 17, 2015, the House passed tax extenders legislation by a vote of 318‐ 109, and the Senate followed suit the next day by a 65‐33 vote. The extenders package included $680B in in permanent and short term extensions of tax breaks for businesses and individuals. The recently passed legislation includes a number of items specific to transportation. The 45G short line tax credit was extended for two years, through January 1, 2017. It also allows short lines created after 2005 to claim the credit. The tax extender legislation also increases and permanently extends the commuter transit tax benefit (from $130 per month to $255 per month). With the 2016 election now coming into full swing, the prospect for tax reform in the 114th Congress remains dim. However, some believe that the recently passed tax extenders bill increases the chances for tax reform to be accomplished in 2017. The thinking is that the extenders package altered the budget baseline in such a way that it will be easier to lower the 35% corporate tax rate. Additionally, now that the former W&M Chairman Paul Ryan is the House Speaker, he may work to leverage his new power to attain his goal of tax reform.
Short Line Tax Credit The Short Line Tax Credit was extended as part of the tax extenders package passed in December 2015 (along with the omnibus). Senators Crapo, Wyden, Moran, Schumer, Isakson, Casey, Boozman and Blumenthal introduced the Short Line Tax Credit bill, S. 637, on March 3, 2015. The bill has been referred to the Finance Committee. There are currently 54 co‐sponsors. This legislation would extend the Short Line Railroad tax credit until January 1, 2017. A similar bill has been introduced in the House (H.R. 721) by Representative Jenkins. The bill was referred to the Ways and Means Committee and currently has 261 co‐sponsors.
Railroad Safety and Positive Train Control Extension Act Congress included a PTC extension in the short term transportation bill extension that they passed in late October. The bill would extend the deadline to install PTC to Dec. 31, 2018, from Dec. 31, 2015. In addition to the PTC extension that was passed, Sen. Blunt is offering an amendment to the FCC reauthorization bill that would direct the FCC to issue a rule to exempt modest size PTC projects from having to go through the environmental and historical review process. At the time this memo was being prepared, the FCC
{6140963:2} 21 of 86 101 Constitution Avenue NW Suite 600 East Washington, DC 20001 P 202.559.2600 F 202.559.2601 www.mhgsdc.com reauthorization was being considered in the Senate Commerce Committee, and the situation is developing. On March 4, 2015, Senators Blunt, Thune, and McCaskill introduced a PTC extension bill, S. 650. There are ten additional co‐sponsors: Johnson, Fischer, Inhofe, Sullivan, Murkowski, Moran, Heller, Rubio, Ayotte, and Portman. The bill was referred to the Senate Commerce Committee. The purpose of the bill is to extend from December 31, 2015, to December 31, 2020, the deadline for Class 1 Railroads to implement PTC. The bill authorizes the Secretary of DOT to extend the implementation deadline, upon application, in one‐ year increments. The Secretary is directed to revise federal regulations requiring a Class II or Class III railroad to equip its locomotives with an onboard PTC system to operate in PTC territory. The bill was passed out of the Commerce Committee in March. MHGS covered the mark up and provided a memo. Prior to the recent Amtrak derailment, MHGS heard that Sen. Blunt’s strategy was to seek inclusion of this legislation in the THUD appropriations package that will pass later this year. However, the derailment changed the political landscape for a PTC delay. A PTC extension was included in the House’s version of the Surface Transportation Reauthorization bill, as well as the recently announced short term extension.
{6140963:2} 22 of 86 SAN JOAQUIN REGIONAL RAIL COMMISSION June 3, 2016
STAFF REPORT Item 4.7 ACTION Approve Resolution of the Board of Commissioners Updating the the San Joaquin Regional Rail Commission Updating the San Joaquin Regional Rail Commission’s Title VI Program And Adoption of the San Joaquin Regional Rail Commission’s 2016 Title VI Compliance Program
Background:
The Federal Transit Administration (FTA) has updated the Title VI Circular to 4702.1B. This Circular supersedes FTA Circular 4702.1A “Title VI and Title VI Dependent Guidelines for Federal Transit Administration Recipients,” dated May 13, 2007. The purpose of the circular is to provide recipients of FTA financial assistance, like the San Joaquin Regional Rail Commission (SJRRC), with guidance and instructions necessary to carry out U.S. Department of Transportation Title VI regulations. These policies define the procedures related to Title VI of the Civil Rights Act of 1964, which states:
“No person in the United States shall, on the ground of race, color or national origin, be excluded from participation in, denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.”
Since 1972, the FTA has required applicants for and recipients of federal assistance to provide assessments of compliance as part of the grant approval process. The FTA has the responsibility to ensure that federally supported transit service and related benefits are distributed in a manner consistent with Title VI.
SJRRC’s Title VI Compliance Program provides information and analysis bearing upon compliance with the Title VI of the 1964 Civil Rights Acts regarding transit services and related benefit. It is SJRRC’s responsibility to ensure that all transit service and access to its facilities is equitably distributed and provided without regard to race, color, or national origin. It is also the goal of SJRRC to ensure equal opportunities to all persons without regard to race, color, or national origin to participate in all local, sub-regional and regional transit planning and decision-making processes under the Commission’s control.
Staff prepared draft policies for incorporation into the updated Title VI Compliance Program in response to FTA’s Circular 4702.1B. The direction, policies, and procedures in this document will help SJRRC to:
a. Ensure that the level and quality of public transportation service is provided in a nondiscriminatory manner;
b. Promote full and fair participation in public transportation decision-making without regard to race, color, or national origin;
c. Ensure meaningful access to transit-related programs and activities by persons with limited English proficiency.
23 of 86 Specifically, SJRRC has adopted a Limited English Proficiency Plan (LEP) to address the needs of individuals with limited English language skills, a major service change policy, disparate impact policy, and a disproportionate burden policy. These policies define the threshold for major service changes and the determination of disparate impact/disproportionate burden applied to Title VI service and fare equity analyses. These analyses examine the impact to minority and low-income populations of any fare change or major service change proposed by SJRRC.
Recommendation Approve Resolution of the Board of Commissioners of the San Joaquin Regional Rail Commission Updating the San Joaquin Regional Rail Commission’s Title VI Program And Adoption of the San Joaquin Regional Rail Commission’s 2016 Title VI Compliance Program
ATTACHMENT A: 2016-2019 Title VI Compliance Program
24 of 86 RESOLUTION NO. SJRRC-R-15/16-
RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SAN JOAQUIN REGIONAL RAIL COMMISSION UPDATING THE SAN JOAQUIN REGIONAL RAIL COMMISSION’S TITLE VI PROGRAM AND ADOPTION OF THE SAN JOAQUIN REGIONAL RAIL COMMISSION’S 2016 TITLE VI COMPLIANCE PROGRAM
WHEREAS, pursuant to Title VI of the Civil Rights Act of 1964, 42 U.S.C. §2000d et seq (“the Act”) and 49 CFR Part 21, the U.S. Department of Transportation and the Federal Transit Administration (FTA) prohibit discrimination on the basis of race, color or national origin; and
WHEREAS, as a recipient of federal funds, SJRRC is required to comply with the requirements of the Act and applicable implementing regulations; and
WHEREAS, pursuant to FTA Circular 4702.1B, SJRRC is required to submit its Title VI program to its governing entity for approval; and
WHEREAS, the SJRRC Board of Directors (Board) has considered and determined to approve the agency’s 2016 Title VI program and policies as set forth in the attached Exhibit A entitled “Title VI Program”; and
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the San Joaquin Regional Rail Commission as follows authorizes the adoption of the 2016 Title VI Compliance Program.
PASSED AND ADOPTED, by the Board of Commissioners this 3rd day of June 2016, by the following vote:
AYES: NOES: ABSENT:
ABSTAIN:
ATTEST: THE SAN JOAQUIN REGIONAL RAIL COMMISSION
______STACEY MORTENSEN BOB JOHNSON, Chair Executive Director
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Title VI Compliance Program
2016 - 2019
San Joaquin Regional Rail Commission 949 E. Channel Street Stockton, California 95202 (800) 411-RAIL
Adopted _
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Table of Contents
Page
1. OVERVIEW ...... 1
2. GENERAL REPORTING REQUIREMENTS 2.1. Lawsuits or Discrimination Complaints ...... 1 2.2. Pending Applications for Financial Assistance ...... 1 2.3. Civil Rights Compliance Review Activities...... 1 2.4. FTA Civil Rights Assurance ...... 2 2.5. Department of Transportation Title VI Assurance ...... 2 2.6. Fixed-Facility Impact Analysis ...... 2
3. PROGRAM SPECIFIC REQUIREMENTS 3.1. Demographic and Service Profile Maps, Overlays and Charts...... 3 3.2. Minority Percentages ...... 3
4. SERVICE STANDARDS AND POLICIES 4.1. Baseline ACE Service ...... 4 4.2. Vehicle Load ...... 5 4.3. Vehicle Assignment ...... 5 4.4. Vehicle Headways ...... 5 4.5. Distribution of Transit Amenities ...... 5 4.6. Transit Access ...... 9 4.7. Other Standards ...... 10
5. OTHER AREAS OF TITLE VI CONSIDERATION 5.1. Changes in Service Features ...... 10 5.1.a. Public Comment Procedures for Fare Increases and Major Service Changes ...... 11 5.1.b. Annual Survey ...... 12 5.1.c. Rail Projects between Stanislaus, San Joaquin, Sacramento Merced, and Alameda and Santa Clara Counties ...... 13 5.2. Information Dissemination ...... 13 5.3. Representation on Decision-Making Bodies...... 13 5.4. Multicultural Facilities ...... 13
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List of Appendices
Appendix A: Pending Applications for Financial Assistance – To Be attached upon Adoption Appendix B: Triennial Review – Final Report – September 27, 2012 Appendix C: Civil Rights Assurance Appendix D: Department of Transportation Title VI Assurance Appendix A to Title VI Assurance Appendix B to Title VI Assurance Appendix C to Title VI Assurance Appendix E: Service Area Appendix F: ACE Timetable Appendix G: Title VI Public Notice and Complaint Process
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San Joaquin Regional Rail Commission Board of Directors
Bob Johnson, Chair – City of Lodi John Harris, Vice Chair – City of Manteca Steve Bestolarides Commissioner – County of San Joaquin Omar Ornelas, Commissioner – City of Lathrop Brent Ives, Commissioner – City of Tracy Kathy Miller, Commissioner – City of Stockton
SPECIAL VOTING MEMBERS Scott Haggerty – Alameda County Congestion Management Agency Tom Blalock – Alameda County Congestion Management Agency
EX-OFFICIO MEMBERS Caltrans District 10 San Joaquin Council of Governments San Joaquin Regional Transit District
San Joaquin Regional Rail Commission Member Agencies
City of Escalon City of Lathrop City of Lodi City of Manteca City of Ripon City of Stockton City of Tracy County of San Joaquin Alameda County Transportation Commission
Title VI of the Civil Rights Act of 1964, Section 601 states:
“No persons in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.”
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1. OVERVIEW
The material contained in San Joaquin Regional Rail Commission Title VI Compliance Program provides information and analysis bearing upon compliance with the Title VI of the 1964 Civil Rights Acts regarding transit services and related benefit. The San Joaquin Regional Rail Commission (SJRRC) staff prepared the document in response to the Federal Transit Administration (FTA) Circular 4702.1b (10/01/12), entitled: Title VI Program Guidelines for Urban Mass Transportation Administration Recipients.
Since 1972, the FTA has required applicants for and recipients of federal assistance to provide assessments of compliance as part of the grant approval process. The FTA has the responsibility to ensure that federally supported transit service and related benefits are distributed in a manner consistent with Title VI. The employment practices of a grant applicant or recipient are also covered under Title VI.
It is SJRRC’s responsibility to ensure that all transit service and access to its facilities is equitably distributed and provided without regard to race, color, or national origin. It is also the goal of SJRRC to ensure equal opportunities to all persons without regard to race, color, or national origin to participate in all local, sub-regional and regional transit planning and decision-making processes under the Commission’s control.
2. GENERAL REPORTING REQUIREMENTS
2.1. Lawsuits or Discrimination Complaints
There are currently no active lawsuits based on race, color, or national origin with respect to service or other transit benefits.
2.2. Pending Applications for Financial Assistance
A description of all pending applications for financial assistance and all financial assistance currently provided by other federal agencies is provided in Appendix A.
2.3. Civil Rights Compliance Review Activities
The Federal Transit Administration conducted a Triennial Review of the Commission in 2015. A copy of the final report is attached as Appendix B.
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2.4. FTA Civil Rights Assurance
A signed SJRRC Federal Transit Administration Civil Rights Assurance is attached as Appendix C.
2.5. Department of Transportation Title VI Assurance
A signed SJRRC, Department of Transportation Title VI Assurance is attached as Appendix D.
2.6. Fixed Facility Impact Analysis
Title VI requires, “for construction projects, a fixed facility impact analysis to assess the effects on minority communities. If this information has been prepared, a result of an environmental impact statement, the applicant recipient, or sub-recipient should reference the relevant information by document, page numbers, and date of submission to FTA.”
In October 2008, the Commission prepared and submitted to FTA a Categorical Exclusion/Notice of Exemption for the San Joaquin Regional Rail Commission Equipment Maintenance Facility for the Altamont Commuter Express Rail Service. The Categorical Exclusion was granted by FTA in December 2008.
The Categorical Exclusion/Notice of Exemption included an analysis of the following: a. A discussion of the potential impact on communities and business during and after construction. b. A discussion of all potential negative environmental impacts, such as noise, air, or water pollution. c. A description of other significant changes or impacts on the community, such as increased traffic, reductions in the amount of available parking, etc.
The report concluded that under the provisions of the National Environmental Policy Act (NEPA) regulations as set out in 23 CFR 771.117(d)(11), construction of maintenance facilities in industrial areas, qualifies for a Categorical Exclusion subject to FTA concurrence. In addition, the report concluded that pursuant to the provisions of the California Environmental Quality Act (CEQA) the facility was exempt and that it was not necessary to prepare a Negative Declaration or EIR as the project was consistent with the existing industrial zoning in the project area and there is not significant impact on the surrounding community.
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3. PROGRAM SPECIFIC REQUIREMENTS
3.1. Demographic and Service Profile Maps, Overlays and Charts
This section of the report provides information on the minority population with regard to transit services offered by the Commission within the Altamont Commuter Express (ACE) service area. Appendix E shows the ACE service area, which runs through San Joaquin, Alameda, and Santa Clara counties. To expand the connectivity of the ACE service, the Commission has partnered and worked with the San Joaquin Regional Transit District in San Joaquin County, the Livermore Amador Valley Transit Authority, the Alameda Congestion Management Agency and AC Transit in Alameda County, the Central Contra Costa Transit Authority in Contra Costa County, and with the Santa Clara Valley Transportation Authority in Santa Clara County.
The demographic and service profile maps, overlays and charts for San Joaquin County, Alameda County and Santa Clara County may be found in the following documents submitted to FTA:
San Joaquin Regional Transit District – Title VI Program Livermore Amador Valley Transit Authority – Title VI Program AC Transit – Title VI Program Santa Clara Valley Transportation Authority – Title VI Program
3.2. Minority Percentages
Minority percentages of total population for the service areas of San Joaquin County, Alameda and Contra Costa counties, Fremont, and the Livermore Amador Valley (Dublin, Pleasanton, Livermore) are as follows:
NATIVE NATIVE INDIAN HAWAIIAN HISPANIC/ TOTAL AFRICAN ALASKA PACIFIC LATINO POPULATION AMERICAN ASIAN NATIVE ISLANDER OTHER TOTAL
SAN JOAQUIN COUNTY
701,050 50,377 (7%) 102,469 (15%) 6,034 (1%) 3,980 (.56%) 278,523 (39%) 441,383 (62%)
ALAMEDA COUNTY
1,559,308 184,785 (11.9%) 424,061 (27.2%) 9,315 (0.6%) 12,923 (.83%) 352,500 (22.6%) 983,584 (63%)
DUBLIN, PLEASANTON, LIVERMORE
206,759 6,693 (3.2%) 43,473 (21%) 590 (0.3%) 496 (0.2%) 31,225 (15.1%) 82,477 (39.9%)
FREMONT
221,654 7,103 (3.3%) 108,332 (50.6%) 976 (0.5%) 1,169 (0.5%) 13,605 (6.4%) 131,185 (61.3%)
CONTRA COSTA COUNTY
1,049,025 97,161 (9.3%) 151,469 (14.4%) 6,122 (0.6%) 4,845 (0.46%) 112,691 (10.7%) 372,288 (35.4%)
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4. SERVICE STANDARDS AND POLICIES
4.1. Baseline ACE Service
Trains
Baseline ACE Service provides four daily commute period round-trip trains between Stockton and San Jose, departing Stockton in the morning between 4:20 am and 7:05 am, and departing San Jose in the afternoon between 3:35 pm and 6:38 pm.
Stations
The following stations are served in the ACE Service:
San Joaquin County Alameda County Santa Clara County Stockton Vasco Rd (Livermore) Great America (Santa Clara) Lathrop/Manteca Livermore Santa Clara Tracy Pleasanton San Jose Diridon Fremont
Shuttles
The baseline ACE Service provides for the following shuttle connections (Station to employment centers/sites, other transit connections):
(Note: Level of Shuttle Service is subject to change depending upon available grant funding and utilization.)
Alameda County
Pleasanton Station – Shuttles providing Service: 1) Through Hacienda Business Park to Dublin/Pleasanton BART – LAVTA Route 54 2) To the Stoneridge Mall Area – LAVTA Route 53
Contra Costa County
Pleasanton Station – Shuttle to Bishop Ranch Business Park
Santa Clara County
Great America – Numerous shuttles to various businesses in Silicon Valley
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4.2. Vehicle Load
The vehicle load factor is defined as the ratio of the number of seats on a vehicle to the number of passengers.
As of April 2016, the average vehicle load factor of the commute period trains was approximately 75%.
4.3. Vehicle Assignment
The Baseline ACE Service provides for four morning and four afternoon trains. Each train consist is made up of six passenger cars (134-135 seats) and one locomotive. All cars are ADA accessible and have an accessible unisex restroom. Included in each consist is a “bicycle” car. Passenger cars and locomotives are assigned and rotated throughout each consist based on fleet maintenance requirements.
4.4. Vehicle Headways
Vehicle headway is a measurement of the time interval between two vehicles traveling in the same direction on the same route. The average headway for the Commute period Baseline ACE Service is one hour.
4.5. Distribution of Transit Amenities
Transit amenities refer to items of comfort and convenience available to the general riding public. The transit amenities for each of the Baseline ACE Stations are listed below:
Stockton
The Stockton station is located at 949 E. Channel Street between Weber Street and Channel Street in Stockton at the old Southern Pacific train depot. The station has been renovated to serve as the headquarters for the SJRRC.
The station is equipped with the following amenities:
180 parking stalls, a mini-high platform for ADA access, bicycle lockers, overhead passenger shelter with seating space, security cameras on the platform and in the parking lot, a public address system, a call-out only pay phone near the platform, instant messaging signs on the platform, lobby waiting area with seating space 5
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coffee shop for the morning trains real time train status screens printed schedules and system maps
Lathrop/Manteca
The Lathrop/Manteca station is located at 17800 Shideler Parkway (adjacent to Yosemite Ave.) between McKinley Ave. and Airport Way. The location of this station captures commuters from San Joaquin County as well as Stanislaus County, making this the largest origination point in the system.
The station is equipped with the following amenities:
503 parking stalls, a mini-high platform for ADA access, bicycle lockers, overhead and enclosed passenger shelters with seating space, instant messaging signs on the platform, an emergency phone connected to the ACE operations desk, security cameras on the platform and in the parking lot, a public address system, a call-out only pay phone near the platform printed schedules and system maps
Tracy
The Tracy station is located at 4800 Tracy Blvd. near the intersection of Tracy Blvd. and Linne Road.
The station is equipped with the following amenities:
526 parking stalls, a mini-high platform for ADA access, bicycle lockers, overhead passenger shelters with seating space instant messaging signs on the platform, an emergency phone connected to the ACE operations desk, security cameras on the platform and in the parking lot, a public address system, and a call-out only pay phone near the platform printed schedules and system maps
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Vasco Road
The Vasco Road station is located at 575 Vasco Road on the 60’ wide ½ mile long former Vasco Road right-of-way as well as a 150 parking lot on the eastside of Vacso Rd. The parking lots are owned by the City of Livermore and maintained by the City.
The station is equipped with the following amenities:
180 parking stalls, a mini-high platform for ADA access, bicycle lockers, instant messaging signs on the platform, overhead passenger shelters with seating space a public address system.
Downtown Livermore
The downtown Livermore station is located at 2418 Railroad Ave. next to the LAVTA Transit center at Livermore Ave. and Railroad Ave. in Downtown Livermore.
The City of Livermore has constructed a 3-story parking structure, and ahs allocated 175 parking stalls for transit users (ACE and WHEELS). The City of Livermore is the responsible agency for maintaining the parking structure and SJRRC is responsible for maintaining the Station Platform.
The station is equipped with the following amenities:
175 parking stalls for transit use, a mini-high platform for ADA access, bicycle lockers, overhead passenger shelter with seating space instant messaging signs on the platform, a public address system a pay phone near the platform printed schedules and system maps
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Pleasanton
The Pleasanton station is located at 4950 Pleasanton Ave. at the Alameda County Fairgrounds. The lot is owned by the Alameda County Fair Association and maintained by the County of Alameda.
The station is equipped with the following amenities:
305 parking stalls, a mini-high platform for ADA access, bicycle lockers, overhead passenger shelters with seating space instant messaging signs on the platform, a public address system, a pay phone near the platform printed schedules and system maps
Fremont – Centerville Station
The Centerville station located at 37260 Fremont Blvd. and is owned and maintained by the City of Fremont. The station serves both ACE and the Capitol Corridor intercity trains.
The station is equipped with the following amenities:
160 parking stalls (ACE-Amtrak) a portable wheelchair lift for ADA access, bicycle lockers, overhead passenger shelters with seating space instant messaging signs on the platform, a pay phone near the platform, a coffee shop and lobby waiting area with seating space, owned by the City of Fremont and operated by an independent contractor printed schedules and system maps
Santa Clara – Great America
The Great America station is located at 2121 Stars and Stripes Drive and is owned and maintained by Amtrak and is served by both ACE and the Capitols. Improvements to this station on behalf of ACE are the responsibility of the Santa Clara Valley Transportation Authority (SCVTA).
The station is equipped with the following amenities:
A mini-high platform for ADA access,
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bicycle lockers, overhead passenger shelters with seating space a pay phone near the platform printed schedules and system maps
Downtown Santa Clara – Caltrain
The Santa Clara station is located at 1005 Railroad Ave. at Franklin Street. This is an unmanned station owned and maintained by Caltrain.
The station is equipped with the following amenities:
A portable wheelchair lift for ADA access, overhead passenger shelters with seating space bicycle lockers, and a pay phone near the platform.
San Jose – Diridon Station
The station is located at 65 Cahill Street across from the San Jose Arena in downtown San Jose, and is served by Caltrain, ACE, Amtrak, and Capital Corridor trains. This is a fully functional station with a passenger waiting room and coffee shop. This station is owned by Caltrain (Peninsula Corridor Joint Powers Board) and maintained by Amtrak.
The station is equipped with the following amenities:
A portable wheel-chair lift for ADA access, bicycle lockers, a pay phone near the platform, waiting room with seating space and snack shop printed schedules and system maps
4.6. Transit Access
Transit access is the measure of distance a person must travel to gain access to transit service.
In a passenger survey conducted by the Commission in July 2015 the average distance a person traveled to access the transit service was approximately 5-10 miles.
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4.7. Other Standards
On-Time Performance
Providing a reliable and dependable service for ACE passengers is highly dependent upon performance. ACE measures the trains’ on-time performance on a daily basis. A train is considered on time if it is not more than six minutes late to a station as shown in the printed timetable.
Level of Equipment Maintenance
In the Operations and Maintenance of Equipment agreement with Herzog Transit Services Inc., Herzog is required to have ready four train consists daily, this consists of four (4) peak period train sets of six passenger cars and one locomotive. There is a financial penalty if the vehicles are not available.
Passenger Survey Results
ACE conducts periodic passenger surveys to evaluate customer service and satisfaction. The next passenger survey is planned for the Spring 2016.
Farebox Recovery
The farebox recovery is a ratio between the amount of fares collected and operating costs. The current farebox ratio is 54%.
5. OTHER AREAS OF TITLE VI CONSIDERATION
5.1. Major Service Change, Disparate Impact, and Disproportionate Burden Policies
The requirement for this policy comes from Federal Transit Administration (FTA) Circular 4702.1B, "Title VI Requirements and Guidelines for Federal Transit Administration Recipients" which became effective October 1, 2012. The Circular requires any FTA recipient that operates 50 or more fixed route vehicles in peak service and serving a population of 200,000 persons or greater to evaluate any fare change and any major service change at the planning and programming stages to determine whether those changes have a discriminatory impact.
5.1a. Major Service Change Policy
The purpose of this policy is to establish a threshold that defines a major service change and to define an adverse effect caused by a major service change.
A major service change is defined as any change in service on any individual route that would add or eliminate more than twenty percent (20%) of the route
39 of 86 SJRRC TITLE VI PLAN 2 0 1 6 revenue miles or twenty percent (20%) of the route revenue hours. All major service changes will be subject to an equity analysis which includes an analysis of adverse effects.
An adverse effect is defined as a geographical or time-based reduction in service which includes but is not limited to: span of service changes, frequency changes, route segment elimination, re-routing, or route elimination.
5.1b. Disparate Impact Policy
The purpose of this policy is to establish a threshold that identifies when adverse effects of a major service change or any fare change are borne disproportionately by minority populations.
A disparate impact occurs when the minority population adversely affected by a fare or service change is ten percent (10%) more than the average minority population of SJRRC’S service area.
Disparate impacts on routes with either span of service changes and/or frequency changes will be determined by analyzing all routes with such changes together. Disparate impacts on routes with segment elimination or route elimination will be determined on a route-by-route basis.
If SJRRC finds a potential disparate impact, the agency will take steps to avoid, minimize or mitigate impacts and then reanalyze the modified service plan to determine whether the impacts were removed. If SJRRC chooses not to alter the proposed changes, the agency may implement the service or fare change if there is substantial legitimate justification for the change AND the agency can show that there are no alternatives that would have less of an impact on the minority population and would still accomplish the agency’s legitimate program goals.
5.1c. Disproportionate Burden Policy
The purpose of this policy is to establish a threshold that identifies when the adverse effects of a major service change or any fare change are borne disproportionately by low-income populations.
A disproportionate burden occurs when the low-income population adversely affected by a fare or service change is five percent (5%) more than the average low-income population of SJRRC’s service area.
Disproportionate burden on routes with either span of service changes and/or frequency changes will be determined by analyzing all routes with such changes together.
Disproportionate burden on routes with segment elimination or route elimination will be determined on a route-by-route basis.
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If SJRRC finds a potential disproportionate burden, the agency will take steps to avoid, minimize or mitigate impacts and then reanalyze the modified service plan to determine whether the impacts were removed. If SJRRC chooses not to alter the proposed changes, the agency may implement the service or fare change if there is substantial legitimate justification for the change AND the agency can show that there are no alternatives that would have less of an impact on low-income population and would still accomplish the agency’s legitimate program goals.
5.2. Changes in Service Features
Service Expansion Policy
To assist system planning efforts, the following guidelines were adopted for ACE service expansion:
Ensure continuation of initial ACE service through identification of long-term funding sources in each of the three counties for capital and operational expenses,
Further development and expansion of the ACE Baseline Service should ensure that the commute market within the corridor is being adequately served by the ACE service,
Provide for and ensure the long-term financial support for operating and capital requirements sufficient to sustain expanded service within the current three county service area, and
Evaluate service expansions beyond the baseline service in accord with the following two conditions and criteria:
– Any new service shall not detract financially or operationally from the baseline service. Service extensions beyond the baseline service shall be fully paid for (capital and operating) by the jurisdiction(s) proposing the extension, such that the current baseline service is held harmless, both financially and operationally.
– Service extensions outside of the current three-county ACE service shall be subject to a “by-in” by the agency or agencies proposing the additional service.
5.3 Public Comment Procedures for Fare Increases and Major Service Reductions
Purpose:
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This Public Comment Procedure is part of the San Joaquin Regional Rail Commission’s (SJRRC) commitment to providing quality commuter rail service and soliciting public comment from the Regions in which it serves.
Objective:
The objective of the procedure is to provide the public with the maximum opportunity to review and comment on proposed fare increases and major service reductions.
Definitions:
The following definitions apply to this procedure:
Fare Increase: Any increase in the cost of a ticket.
Major Service Change:
a. An adjustment of service that equates to a reduction of or addition of 25 percent or more in total revenue train miles per day for the service day of the week (weekday, Saturday or Sunday) for which the change is made.
b. A greater than 50 percent reduction or increase in the number of stops at a station per day for the service day of the week (weekday, Saturday or Sunday) for which the change is made.
Procedure:
a. A proposal for increasing fares or implementing a major service reduction shall be brought before the SJRRC Board for discussion and approval. If approved a public comment period shall remain open until the next Rail Commission meeting.
b. Notice of the public comment period will be provided to the public in the following manner:
1) Weekly announcements to ACE passengers on board the trains for the duration of the comment period,
2) Postings on the ACE website for the duration of the comment period,
3) Notices published in the main newspaper for each county in which the service operates for 10 days prior to the closing of the comment period.
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c. At the next available Rail Commission meeting, the public comment period will be closed and a staff report summarizing the comments received will be provided to the Board along with a staff recommendation on a course of action.
5.4. Annual Survey
ACE Customer Satisfaction Surveys are conducted annually. These surveys include service and amenity satisfaction questions so that ACE may better serve the needs of the passengers.
5.5. Commuter Rail Projects Between Stanislaus, San Joaquin, Sacramento, Merced, and Alameda and Santa Clara Counties
SJRRC is working with the planning an examination of the prospects and possibilities for expanding SJRRC sponsored services including new services in the Central San Joaquin Valley, from Merced to Sacramento, Sacramento to San Jose and Merced to San Jose through the Altamont. SJRRC is working with the California High Speed Authority and the California Department of Transportation (Caltrans) to maximize the opportunity for the development of an independent publicly owned corridor between Sacramento and Merced and Stockton to San Jose for use by Commuter High Speed, and Intercity trains on the proposed California High Speed Rail infrastructure.
5.6. Information Dissemination
SJRRC employs a number of methods to inform the public of service changes. Because transit service improvements and schedule changes have a great effect on the public’s ability to conveniently use the system, special effort is taken to disseminate information regarding service changes in a timely manner. SJRRC utilizes the following methods of information dissemination:
ACE website, with updated ACE information in English and Spanish Customer Service Center toll-free number Text messages for services delays Email alerts for service delays Real time train status messages on instant Message Signs at the Stations Station signs and postings Passenger Service Agents onboard disseminate information Onboard announcements Press releases Flyers and notices on trains Radio advertising Discussion of service changes with SJRRC Board during public meetings
5.7. Access for Limited English Proficiency
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The San Joaquin Regional Rail Commission has developed this Limited English Proficiency Plan to help identify reasonable steps for providing language assistance to persons with limited English proficiency (LEP) who wish to access services provided by the Rail Commission. As defined in Executive Order 13166, LEP persons are those who do not speak English as their primary language and have limited ability to read, speak, write or understand English.
This plan outlines how to identify a person who may need language assistance, the ways in which assistance may be provided, staff training that may be required, and how to notify LEP persons that assistance is available.
The LEP Plan is included as Appendix H.
5.8. Representation on Decision-Making Bodies
The San Joaquin Regional Rail Commission Board of Commissioners is the decision-making body for the ACE Service. The Board is comprised of six Voting Commissioners, all of which are elected officials of a city council within San Joaquin County or a member of the Board of Supervisors. The six Regular Voting Commissioners are augmented by two Special Voting Commissioners from Alameda County. The Special Voting Members are elected officials of the Alameda County Transportation Commission (ACTC).
All of the SJRRC Commissioners must be an elected official to serve on the Rail Commission Board. SJRRC Commissioners are nominated and elected by the San Joaquin Council of Governments.
Board Demographics
Number Gender Race
5.9. Multicultural Facilities
The ACE Customer Service Center offers telephone information in English from Monday through Friday 4:00 a.m. to 8:00 p.m Monday through Friday. The ACE Website has been translated into Spanish and SJRRC has staff who speak Spanish, French and German available upon request.
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The Rail Commissions POP Public Participation Process is coordinated with the San Joaquin Council (SJCOG) through a Memorandum of Understanding and completed as part of the Regional Transportation Plan update process.
The purpose of the SJCOG’s Public Participation Plan is to inform and involve citizens of various programs, projects, and work activities. This includes, but is not limited to, lower income households, minorities, persons with disabilities, representatives from community and service organizations, tribal councils, and other public agencies. This element also assists in identifying and addressing environmental justice and social equity issues. Citizen participation objectives include involvement of interested citizens, stakeholders, and representatives of community organizations in agency work through timely workshops on topical issues, fully noticed public hearings, and ongoing broad citizen/organization involvement in the planning and decision processes.
Broad-based community participation is essential to the success of programs, plans and projects of the San Joaquin Council of Governments. Ideals for public participation include:
Value public participation and promote broad-based involvement by members of the community; Provide varied opportunities for public review and input; Treat all members of the public fairly, and respect and consider all citizen input as an important component of the planning and implementation process; Promote a culture of dialogue and partnership among residents, property owners, the business community, organizations, other interested citizens, and public officials; Use existing community groups and other organizations, as feasible; Encourage active public participation at the initial stages of the process, as well as throughout the process; and Provide communications and agency reports that are clear, timely, and broadly distributed.
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APPENDIX A
PENDING APPLICATIONS FOR FINANCIAL ASSISTANCE
Currently all FTA Grant Applications are completed in draft form and are pending review prior to submission.
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APPENDIX B TRIENNIAL REVIEW – FINAL REPORT – _
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APPENDIX C
CIVIL RIGHTS ASSURANCE
San Joaquin Regional Rail Commission (SJRRC) HEREBY CERTIFIES THAT, as a condition of receiving Federal financial assistance under the Urban Mass Transportation Act of 1964, as amended, it will ensure that:
1. No person on the basis of race, color, or national origin will be subjected to discrimination in the level and quality of transportation services and transit- related benefits.
2. SJRRC will compile, maintain, and submit in a timely manner, Title VI information required by UMTA Circular 4702.1 and in compliance with the Department of Transportation’s Title VI regulation, 49 CFR Part 21.9.
3. SJRRC will make it known to the public that the person (or persons) alleging discrimination on the basis of race, color, or national origin as it relates to the provision of transportation services and transit-related benefits may file a complaint with the Urban Mass Transportation Administration and/or the U.S. Department of Transportation.
The person (or persons) whose signature appears below is authorized to sign this assurance on behalf of the grant application or recipient.
______Name and title of authorized officer Date
______Signature of authorized officer
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APPENDIX D
DEPARTMENT OF TRANSPORTATION TITLE VI ASSURANCE
San Joaquin Regional Rail Commission (SJRRC) (hereinafter referred to as the “Recipient”) hereby agrees that as a condition to receiving any Federal financial assistance from the Department of Transportation it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4 (hereinafter referred to as the Act), and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation – Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the Regulations) and other pertinent directives, to the end that in accordance with the Act, Regulations, and other pertinent directives, no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Recipient receives Federal financial assistance from the Department of Transportation, including Federal Transit Administration (FTA) and HEREBY GIVES ASSURANCE THAT it will promptly take any measures necessary to effectuate this agreement. This assurance is required by subsection 21.7(a) of the Regulations.
More specifically and without limiting the above general assurance, the Recipient hereby gives the following specific assurances with respect to Sections 5309 and 5307:
1. That the Recipient agrees that each “program” and each “facility” as defined in subsections 21.23(e) and 21.23(b) of the Regulations, will be (with regard to a “program”) conducted, or will be (with regard to a “facility”) operated in compliance with all requirements imposed by, or pursuant to, the Regulations.
2. That the Recipient shall insert the following notification in all solicitations for bids for work or material subject to the Regulations and made in connection with all of Section 5309 and 5307 and, in adapted form, in all proposals for negotiated agreements:
The SJRRC, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.
3. That the Recipient shall insert the clauses of Appendix A of this assurance in every contract subject to this Act and the Regulations.
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4. That the Recipient shall insert the clauses of Appendix B of this assurance, as a covenant running with the Land, in any deed from the United States effecting a transfer of real property, structures, or improvements thereon, or interest therein.
5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated in connection therewith.
6. That where the Recipient receives Federal financial assistance in the form, or for the acquisition of real property or an interest in real property, the assurance shall extend to rights to space on, over, or under such property.
7. That the Recipient shall include the appropriate clauses set forth in Appendix C of this assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the Recipient with other parties: (a) for the subsequent transfer of real property acquired or improved under Sections 5309 and 5307; and (b) for the construction or use of or access to space on, over, or under real property acquired, or improved under Sections 5309 and 5307.
8. That this assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property or interest therein or structures or improvements thereon, in which case the assurance obligates the Recipient or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which the Recipient retains ownership or possession of the property.
9. The Recipient shall provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, subgrantees, contractors, subcontractors, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Act, the Regulations and this assurance.
10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, the Regulations and this assurance.
THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts or other Federal financial assistance extended after the date hereof to the Recipient by the Department of Transportation under the Sections 5309 and 5307 and is binding on it, other recipients,
50 of 86 SJRRC TITLE VI PLAN 2 0 1 6 subgrantees, contractors, subcontractors, transferees, successors in interest and other participants in the Sections 5309 and 5307. The person (or persons) whose signatures appear below are authorized to sign this assurance on behalf of the Recipient.
Dated: ______Name of Recipient
by ______Signature of Authorized Official
Attachments: Appendices A, B, and C
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APPENDIX A TO TITLE VI ASSURANCE
During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the “contractor”) agrees as follows:
1. Compliance with Regulations: The contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, ‘DOT”) Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract.
2. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor’s obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
4. Information and Reports: The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the SJRRC or the FTA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the SJRRC or the FTA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the SJRRC or the FTA as appropriate, and shall set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of the contractor’s non-compliance with nondiscrimination provisions of this contract, the SJRRC shall impose contract sanctions as it or the FTA may determine to be appropriate, including, but not limited to:
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a. withholding of payments to the contractor under the contract until the contractor complies; and/or
b. cancellation, termination, or suspension of the contract, in whole or in part.
6. Incorporation of Provisions: The contractor shall include the provisions of paragraphs 1 through 6 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the SJRRC or the FTA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the SJRRC to enter into such litigation to protect the interests of the SJRRC, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States.
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APPENDIX B TO TITLE VI ASSURANCE
The following clauses shall be included in any and all deeds effecting or recording the transfer of real property, structures or improvements thereon, or interest therein from the United States.
(GRANTING CLAUSE)
NOW, THEREFORE, the Department of Transportation, as authorized by law, and upon the condition that the SJRRC will accept title to the lands and maintain the project constructed thereon, in accordance with FTA, the Regulations for the Administration of Section 5309-New Starts and the Department of Transportation and, also in accordance with and in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation (hereinafter referred to as the Regulations) pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. 2000d to 2000d- 4), does hereby remise, release, quitclaim and convey unto the SJRRC all the right, title and interest of the Department of Transportation in and to said lands described in Exhibit “A” attached hereto and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto SJRRC and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and shall be binding on the SJRRC its successors and assigns.
The SJRRC, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over or under such lands hereby conveyed (,) (and)* (2) that the SJRRC shall use the lands and interests in lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation – Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended, and (3) that in the event of breach of any of the above-mentioned nondiscrimination conditions, the Department shall have a right to re-enter said lands and facilities on said land, and the above described land and facilities shall thereon revert to
54 of 86 SJRRC TITLE VI PLAN 2 0 1 6 and vest in and become the absolute property of the Department of Transportation and its assigns as such interest existed prior to this instruction.*
* Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purpose of Title VI of the Civil Rights Act of 1964.
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APPENDIX C TO TITLE VI ASSURANCE
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The following clauses shall be included in all deeds, licenses, leases, permits, or similar instruments entered into by the SJRRC pursuant to the provisions of Assurance 7(a).
The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add “as a covenant running with the land”) that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination of Federally-Assisted Programs of the Department of Transportation – Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended.
(Include in licenses, leases, permits, etc.)*
That in the event of breach of any of the above nondiscrimination covenants, SJRRC shall have the right to terminate the (license, lease, permit, etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (licenses, lease, permit, etc.) had never been made or issued.
(Include in deeds)*
That in the event of breach of any of the above nondiscrimination covenants, SJRRC shall have the right to re-enter said lands and facilities thereon, and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of SJRRC and its assigns.
The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by SJRRC pursuant to the provisions of Assurance 7(b).
The (grantee, licensee, lessee, permitee, etc., as appropriate) for himself/herself, his/her personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in case of deeds, and leases add “as a covenant running with the land”) that (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over or under such land and the furnishing services thereon, no person on the grounds of race, color, or national origin shall be excluded from the participation in, be denied the benefits of, or be otherwise subjected to discrimination, and (3) that the (grantee, licensee, lessee, permitee, etc.) shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the
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Department of Transportation – Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended.
(Include in licenses, leases, permits, etc.)*
That in the event of breach of any of the above nondiscrimination covenants, SJRRC shall have the right to terminate the (license, lease, permit, etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued.
(Include in deeds)*
That in the event of breach of any of the above nondiscrimination covenants, SJRRC shall have the right to re-enter said land and facilities thereon, and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of SJRRC and its assigns.
* Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purpose of Title VI of the Civil Rights Act of 1964.
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APPENDIX E
SERVICE AREA
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APPENDIX F
ACE TIMETABLE
ALTAMONT COMMUTER EXPRESS TRAIN SCHEDULE October 15, 2012 MONDAY THROUGH FRIDAY EXCLUDING MAJOR HOLIDAYS STOCKTON TO SAN JOSE SAN JOSE TO STOCKTON AM WESTBOUND PM EASTBOUND STATIONS 1 3 5 7 4 6 8 10 4:20 AM 5:35 AM 6:40 AM 7:05 AM STOCKTON 5:47 PM 6:47 PM 7:47 PM 8:50 PM 4:39 AM 5:54 AM 6:59 AM 7:24 AM LATHROP/MANTECA 5:23 PM 6:23 PM 7:23 PM 8:26 PM 4:51 AM 6:06 AM 7:11 AM 7:36 AM TRACY 5:11 PM 6:11 PM 7:11 PM 8:14 PM 5:20 AM 6:35 AM 7:40 AM 8:05 AM VASCO ROAD 4:42 PM 5:42 PM 6:42 PM 7:45 PM 5:25 AM 6:40 AM 7:45 AM 8:10 AM LIVERMORE 4:37 PM 5:37 PM 6:37 PM 7:40 PM 5:33 AM 6:48 AM 7:53 AM 8:18 AM PLEASANTON 4:28 PM 5:28 PM 6:28 PM 7:31 PM 5:55 AM 7:10 AM 8:15 AM 8:40 AM FREMONT 4:05 PM 5:05 PM 6:05 PM 7:08 PM 6:13 AM 7:28 AM 8:33 AM 8:58 AM GREAT AMERICA 3:49 PM 4:49 PM 5:49 PM 6:52 PM 6:20 AM 7:35 AM 8:40 AM 9:05 AM SANTA CLARA 3:40 PM 4:40 PM 5:40 PM 6:43 PM 6:32 AM 7:47 AM 8:52 AM 9:17 AM SAN JOSE 3:35 PM 4:35 PM 5:35 PM 6:38 PM
APPENDIX G
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Title VI of the Civil Rights Act of 1964 Public Notice
"No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance."
The San Joaquin Regional Rail Commission (SJRRC) is committed to complying with the requirements of Title VI in all of its federally funded programs and activities.
For more information contact:
San Joaquin Regional Rail Commission 949 East Channel Street, Stockton, CA 95202 800- 411-RAIL (phone) 209-944-6225 (fax) [email protected]
Making a Title VI Complaint Any person who believes he or she has been aggrieved by an unlawful discriminatory practice under Title VI may file a complaint with the San Joaquin Regional Rail Commission (SJRRC). Any such complaint must be in writing and filed with SJRRC within 180 days following the date of the alleged discriminatory occurrence. For information on how to file a complaint, review the files below.
Title VI is the Law Title VI of the Civil Rights Act of 1964 requires that no person in the United States, on the grounds of race, color or national origin be excluded from, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Presidential Executive Order 12898 addresses environmental justice in minority and low-income populations. Presidential Executive Order 13166 addresses services to those individuals with limited English proficiency. Any person who believes that they have been excluded from, denied the benefits of, or been subjected to discrimination may file a written complaint with the San Joaquin Regional Rail Commission’s Office of Compliance. Federal and State law requires complaints be filed within one- hundred eighty (180) calendar days of the last alleged incident.
To request additional information on SJRRC’s nondiscrimination obligations or to file a Title VI Complaint, please submit your request to:
San Joaquin Regional Rail Commission Office of Compliance (Brian Schmidt) 949 East Channel Street Stockton, CA 95202 800- 411-RAIL (phone) 209-944-6225 (fax)
Complaints may also be sent via e-mail to: [email protected]
Complaint Forms can also be obtained on SJRRC’s website at www.acerail.com/titlevi
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Title VI Policy Statement
The San Joaquin Regional Rail Commission is committed to ensuring that no person is excluded from participation in or denied the benefits of its services on the basis of race, color, or national origin, as provided by Title VI of the Civil Rights Act of 1964, as amended.
Toward this end, it is SJRRC’s objective to:
Ensure that the level and quality of transportation service is provided without regard to race, color or national origin;
Identify and address, as appropriate, disproportionately high and adverse human health and environmental effects, including social and economic effects of programs and activities on minority populations and low-income populations;
Promote the full and fair participation of all affected populations in transportation decision making;
Prevent the denial, reduction or delay in benefits related to programs and activities that benefit minority populations or low-income populations; and
Ensure meaningful access to programs and activities by persons with limited English proficiency (LEP).
The Executive Director, management, and all employees share the responsibility for carrying out SJRRC's commitment to Title VI. The Title VI staff is responsible for the day-to-day operation of the program and receives and investigates Title VI complaints that come through the complaint procedures process.
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TITLE VI COMPLAINT PROCESS
Title VI Complaint Process
The San Joaquin Regional Rail Commission (SJRRC) is committed to a policy of non- discrimination in the conduct of its business, including its Title VI responsibilities, and to the delivery of equitable and accessible transportation services. Any person who believes that he or she has been subjected to discrimination under Title VI on the basis of race, color or national origin may file a Title VI complaint with SJRRC within 180 days from the date of the alleged discrimination.
Filing a Complaint with SJRRC Complaints may be filed with SJRRC in writing and may be addressed to:
San Joaquin Regional Rail Commission Office of Compliance (Brian Schmidt) 949 E. Channel St Stockton, CA 95202
Complaints may also be sent via e-mail to: [email protected]
Title VI Complaint Forms may be obtained on the ACE Website at www.acerail.com or by calling 1-800-411-RAIL.
SJRRC will provide appropriate assistance to complainants who are limited in their ability to communicate in English.
What Happens to My Title VI Complaint to SJRRC?
Once a complaint is received, it will be assigned to an investigator. In instances where additional information is needed, the investigator will contact the complainant by phone or in writing. Failure of the complainant to provide the requested information by a certain date may result in the administrative closure of the complaint or a delay in complaint resolution.
Based upon receipt of all the information required, SJRRC will investigate a Title VI complaint within 90 days of receipt. SJRRC will use its best efforts to respond to a Title VI complaint within 90 calendar days of its receipt of such complaint. Receipt of additional relevant information and/or simultaneous filing of complaint with SJRRC and an external entity may expand the timing of the complaint resolution.
63 of 86 SJRRC TITLE VI PLAN 2 0 1 6
64 of 86 SJRRC TITLE VI PLAN 2 0 1 6
65 of 86 SAN JOAQUIN REGIONAL RAIL COMMISSION Meeting of June 3, 2016
STAFF REPORT
Item 4.8 ACTION Approve Resolution of the Board of Commissioners of the San Joaquin Regional Rail Commission Authorizing Shuttle Services for the Altamont Corridor Express (ACE) Service for Fiscal Year 2016/2017 and Authorizing and Directing the Executive Director to Execute All Agreements with the following Agencies:
a. Santa Clara Valley Transportation Authority $798,284 b. Livermore-Amador Transportation Authority $171,286 c. Contra Costa County Transportation Authority $117,389
Background:
Shuttle services for the Altamont Corridor Express began with the start of train service in October 1998. The ACE shuttles provide an essential transit link by directly connecting passengers to employers, business parks and other transit modes such as BART. Passengers with a valid ACE ticket are entitled to use the shuttle services free of charge. The Agreements also provide for missed transit connections and alternate service options in case of an emergency (Bus Bridges).
Santa Clara Valley Transportation Authority (VTA) uses a mixture of transit buses and shuttle vans to provide service on eight (8) routes connecting with the ACE trains at the Santa Clara Great America Station. The VTA shuttle buses transport approximately 33% of total ACE ridership to major employment sites in the Silicon Valley. The total FY 16/17 operating cost for this service is $1,840,000. The ACE service portion of this cost is $729,000 (39%).
The Livermore-Amador Transportation Authority (LAVTA) operates two routes for the ACE service: Route 54, which serves as the ACE shuttle from the Pleasanton ACE station which serves the Bernal Business Park, Hacienda Business Park, Carr America and the Dublin/Pleasanton BART station and Route 53 which is a BART express bus. The bus leaves the Pleasanton ACE Station and goes directly via the highway to Stoneridge Bart station. The bus also serves the employment centers surrounding Stoneridge Mall. The FY 16/17 operating cost for these services is $285,477. The ACE service portion of this cost is $171,286 (60%).
The Contra Costa County Transportation Authority operates three buses for the ACE service. The routes serve Bishop Ranch and the San Ramon Transit Center from the Pleasanton Station. The FY 16/17 cost for these services is $376,032. The ACE service portion cost is $117,389 (31%).
Fiscal Impact:
Expenses and Revenues for shuttle services are identified in the Fiscal Year 2016/2017 ACE Shuttle Services budget.
Recommendation:
Approve Resolution of the Board of Commissioners of the San Joaquin Regional Rail Commission Authorizing Shuttle Services for the Altamont Corridor Express (ACE) Service for Fiscal Year 2016/2017 and Authorizing and Directing the Executive Director to Execute All Agreements with the following Agencies:
a. Santa Clara Valley Transportation Authority $798,284 b. Livermore-Amador Transportation Authority $171,286 c. Contra Costa County Transportation Authority $117,389 66 of 86 RESOLUTION NO. SJRRC-R-15/16-___
RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SAN JOAQUIN REGIONAL RAIL COMMISSION APPROVING SHUTTLE SERVICES FOR THE ALTAMONT CORRIDOR EXPRESS (ACE) SERVICE FOR FY 2016/2017 AND AUTHORIZING AND DIRECTING THE EXECUTIVE DIRECTOR TO EXECUTE ALL AGREEMENTS FOR SHUTTLE SERVICE WITH:
a. Santa Clara Valley Transportation Authority $798,284 b. Livermore Amador Transportation Authority $171,286 c. Contra Costa County Transportation Authority $117,389
WHEREAS, Shuttle Services for the Altamont Corridor Express began with the start of train service in October, 1998, the objective of which was to foster bus and rail integration for the provision of convenient and flexible alternatives to automobile travel and to provide a transit link for ACE Passengers by connecting passengers to employers, business parks and other transit modes; and
WHEREAS, the San Joaquin Regional Rail Commission (SJRRC) has partnered with VTA (Great America shuttles), LAVTA (Pleasanton Station shuttles), and CCCTA (Pleasanton Station shuttle) to provide Shuttle Services for the ACE Service; and
WHEREAS, Shuttle Services for the ACE Service continues to provide both a convenient and flexible alternative to automobile travel and an essential transit link for ACE passengers; and
WHEREAS, SJRRC, VTA, LAVTA, and CCCTA, continue to work together to provide Shuttle Services for the ACE Service in FY 2016/2017;
NOW THEREFORE, BE IT RESOLVED that the Board of Commissioners of the San Joaquin Regional Rail Commission approve Shuttle Services for the Altamont Corridor Express Service for FY 2016/2017 and Authorizes the Executive Director to Execute All Shuttle Service Agreements with Santa Clara Valley Transportation Authority, Livermore-Amador Valley Transportation Authority, and Contra Costa County Transportation Authority.
67 of 86 PASSED AND ADOPTED, by the San Joaquin Regional Rail Commission this 3rd day of June 2016, by the following vote:
AYES: NOES: ABSTAIN: ABSENT:
ATTEST: SAN JOAQUIN REGIONAL RAIL COMMISSION
______STACEY MORTENSEN, Secretary BOB JOHNSON, Chair
68 of 86 SAN JOAQUIN REGIONAL RAIL COMMISSION Meeting of June 3, 2016
STAFF REPORT
Item 4.9 ACTION Approve Resolution of the Board of Commissioners of the San Joaquin Regional Rail Commission Approving Ongoing and Multi-Year Professional and Contracted Services Agreements for Fiscal Year 2016/2017 and Authorizing and Directing the Executive Director to Execute All Agreements Not to Exceed the Following Amounts:
a. Neumiller and Beardslee - for Agency Legal Services - $285,000 i. General Services - $140,000 ii. Claims - $70,000 iii. Capital Projects - $75,000 b. Diesel Fuel - $1,612,500 c. Ops & Safety Consulting Services - $100,000 d. Marsh – Insurance Brokerage Services and Placement – $180,000 e. Legislative Advocacy – $100,000
Background:
Annually, the Rail Commission renews Legal and Operational Agreements. The following Agreements are proposed for renewal in the 2016/2017 fiscal year:
Legal Support
Neumiller and Beardslee ($285,000) Legal support services for the Rail Commission, the ACE Service and the SJJPA General Services - $140,000 Claims - $100,000 Capital Projects - $75,000
Operational Support Diesel Fuel ($1,612,500) Delivery of diesel fuel for the ACE trains
Operations and Special Study Consulting Services ($100,000) Operational and Special Studies for ACE and SJJPA Contracts
Marsh ($180,000) Insurance Brokerage Services and Placement
McDonald Hopkins (100,000) Legislative Advocacy
69 of 86 Due to the March 7th ACE Incident the; Legal Services, Insurance Brokerage Services and Operations and Special Studies are proposed to be extended for an additional year for contunity in completing final reports and closing the incident files.
Fiscal impact:
The costs associated with the proposed agreements are allocated as follows and identified in the Fiscal Year 2016/2017 SJRRC/ACE Budget:
Legal Services - 36% ACE, 29% Rail Commission, 36% SJJPA*.
Diesel Fuel - 100% ACE Operations and Special Study Consulting Services - 50% ACE, 50% SJJPA* Insurance Brokerage Services and Placement - 80% ACE, 18% Rail Commission, 3% SJJPA * Legislative Advocacy – 75% ACE, 25% SJRRC*
* Estimates. Funding splits are allocated based upon the actual tasks performed.
These costs and revenues are identified in the Approved FY 2016/2017 Rail Commission and ACE Operating and Capital Budgets and the SJJPA Operating Budget.
Recommendation:
Approve Resolution of the Board of Commissioners of the San Joaquin Regional Rail Commission Approving Ongoing and Multi-Year Professional and Contracted Services Agreements for Fiscal Year 2016/2017 and Authorize and Direct the Executive Director to Execute All Agreements Not to Exceed the Following Amounts:
a. Neumiller and Beardslee - for Agency Legal Services - $285,000 i. General Services - $140,000 ii. Claims - $100,000 iii. Capital Projects - $75,000 b. Diesel Fuel - $1,612,500 c. Ops & Safety Consulting Services - $100,000 d. Marsh – Insurance Brokerage Services and Placement – $180,000 e. Legislative Advocacy – $100,000
70 of 86 RESOLUTION NO. SJRRC-R-15/16-__
RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SAN JOAQUIN REGIONAL RAIL COMMISSION APPROVING ONGOING AND MULTI-YEAR PROFESSIONAL AND CONTRACTED SERVICES AGREEMENTS FOR FISCAL YEAR 2016/2017 AND AUTHORIZING AND DIRECTING THE EXECUTIVE DIRECTOR TO EXECUTE ALL AGREEMENTS NOT-TO-EXCEED THE FOLLOWING AMOUNTS:
a. Neumiller and Beardslee - for Agency Legal Services - $285,000 i. General Services - $140,000 ii. Claims - $70,000 iii. Capital Projects - $75,000 b. Diesel Fuel - $1,612,500 c. Ops & Safety Consulting Services - $100,000 d. Marsh – Insurance Brokerage Services and Placement – $180,000 e. Legislative Advocacy – $100,000
WHEREAS, Annually the Board of Commissioners approves on-going and multi-year professional and contracted service agreements for legal and operational support services; and
WHEREAS, the funding for the professional and contracted services agreements are included in the SJRRC/ACE/SJJPA Fiscal Year 2016/2017 Budgets; and
WHEREAS, the legal and operation support agreements are routine in nature and are required to conduct the ordinary day-to-day activities of the Commission, ACE service, and San Joaquin Intercity service; and
NOW THEREFORE, BE IT RESOLVED that the Board of Commissioners for the San Joaquin Regional Rail Commission approves the Ongoing and Multi-Year Professional and Contracted Services Agreements for Fiscal Year 2016/2017 and Authorize and Direct the Executive Director to Execute All Agreements Not to Exceed the Following Amounts
a. Neumiller and Beardslee - for Agency Legal Services - $285,000 i. General Services - $140,000 ii. Claims - $70,000 iii. Capital Projects - $75,000 b. Diesel Fuel - $1,612,500 c. Ops & Safety Consulting Services - $100,000 d. Marsh – Insurance Brokerage Services and Placement – $180,000 e. Legislative Advocacy – $100,000
71 of 86 PASSED AND ADOPTED, by the Board of Commissioners this 3rd day of June 2016, by the following vote:
AYES: NOES: ABSTAIN: ABSENT:
ATTEST: SAN JOAQUIN REGIONAL RAIL COMMISSION
______STACEY MORTENSEN, Secretary BOB JOHNSON, Chair
72 of 86 SAN JOAQUIN REGIONAL RAIL COMMISSION Meeting of June 3, 2016
STAFF REPORT
Item 4.10 ACTION Approve Resolution of the Board of Commissioners of the San Joaquin Regional Rail Commission Authorizing a Five-Year Contract with Two One-year Options for Fire Alarm and Sprinkler Monitoring and Maintenance Services to Tri-Signal Integration, Inc. for an Amount Not-To-Exceed $163,455 total from July 1, 2016 through June 30, 2021, and Authorizing and Directing the Executive Director to Execute the Agreement
Background:
On March 22, 2016 SJRRC released a Request for Proposals for the solicitation for Fire Alarm and Sprinkler Monitoring and Maintenance Services for the Cabral Station and Rail Maintenance Facility with proposals due on May 05, 2016. As a result of the solicitation, the Rail Commission received proposals from the following three firms:
Three Alarm Fire Protection, Inc. – Livermore Tri-Signal Integration, Inc. – El Dorado Hills Tyco Simplex Grinnell - Sacramento
A panel consisting of Steve Walker (SJRRC), Don Johnston (SJRRC) and Tony Garcia (SJRRC) reviewed the proposals and, based on the proposers’ responsiveness to the scope of work, Tri-Signal Integration, Inc. was selected as the most responsive proposer.
Tri-Signal Integration, Inc. cost proposal for the initial five-year period is Year 1: $32,691, Year 2: $32,691, Year 3: $32,691, Year 4: 32,691, and Year 5: 32,691 for a five year total of $163,455. The Two, One-Year option is at the discretion of the Rail Commission and the cost for the option would be negotiated in advance.
Fiscal Impact
Costs associated with the first year of this Agreement are identified in the San Joaquin Regional Rail Commission/ACE/SJJPA Fiscal Year 2015/2016 Operating Budget in the Contracted Services Category in the Maintenance of Headquarters and Structures and Rail Maintenance Facility lines. Future year’s costs will be brought before the Board as part of the annual Budget approval process for consideration.
Recommendation
Approve Resolution of the Board of Commissioners of the San Joaquin Regional Rail Commission Authorizing a Five-Year Contract with Two One-year Options for Fire Alarm and Sprinkler Monitoring and Maintenance Services to Tri-Signal Integration, Inc. for an Amount Not-To-Exceed $163,455 total from July 1, 2016 through June 30, 2021 and Authorizing and Directing the Executive Director to Execute the Agreement
73 of 86 RESOLUTION NO. RRC-R-15/16- ___
RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SAN JOAQUIN REGIONAL RAIL COMMISSION AUTHORIZING A FIVE-YEAR CONTRACT WITH TWO ONE-YEAR OPTIONS FOR FIRE ALARM AND SPRINKLER MONITORING AND MAINTENANCE SERVICES TO TRI-SIGNAL INTEGRATION, INC. FOR AN AMOUNT NOT-TO-EXCEED $163,455 TOTAL FROM JULY 1, 2016 THROUGH JUNE 30, 2021, AND AUTHORIZING AND DIRECTING THE EXECUTIVE DIRECTOR TO EXECUTE THE AGREEMENT
WHEREAS, SJRRC requires Fire Alarm and Sprinkler Monitoring and Maintenance Services at the Cabral Station and Rail Maintenance Facility; and
WHEREAS, a Request for Proposal for Fire Alarm and Sprinkler Monitoring and Maintenance Services was issued on March 22, 2016 with a due date of May 05, 2016; and
WHEREAS, on May 05, 2016, three proposals were received for Fire Alarm and Sprinkler Monitoring and Maintenance Services; and
WHEREAS, of the three proposals received, two proposals were deemed responsive to the RFP and evaluated as part of the procurement process;
WHEREAS, the Rail Commission came to agreement on the terms and price with Tri- Signal Integration, Inc. for Fire Alarm and Sprinkler Monitoring and Maintenance Services at the Cabral Station and Rail Maintenance Facility;
NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of the San Joaquin Regional Rail Commission hereby Authorize a Five-Year Contract with Two One- year Options for Fire Alarm and Sprinkler Monitoring and Maintenance Services to Tri- Signal Integration for an Amount Not-To-Exceed $163,455 total from July 1, 2016 through June 30, 2021, and Authorizing and Directing the Executive Director to Execute the Agreement
PASSED AND ADOPTED by the San Joaquin Regional Rail Commission this 3rd day of June 2016, by the following vote:
AYES: NOES: ABSTAIN: ABSENT:
ATTEST: SAN JOAQUIN REGIONAL RAIL COMMISSION
______STACEY MORTENSEN, Secretary BOB JOHNSON, Chair
74 of 86 SAN JOAQUIN REGIONAL RAIL COMMISSION Meeting of June 3, 2016
STAFF REPORT
Item 4.11 ACTION Approve Resolution of the Board of Commissioners of the San Joaquin Regional Rail Commission Authorizing a Three-Year Contract for Ticketing Services to Lisa Lorenz and Dirk Lorenz for an Amount Not-To-Exceed $296,805 total from July 1, 2016 through June 30, 2019, and Authorizing and Directing the Executive Director to Execute the Agreement
Background:
Mr. & Mrs. Lorenz, formerly operating under Depot Dine at the Fremont Centerville Station, have been providing the ticket sales for the ACE service at Fremont station since 1998, Great America station, and on as needed basis at the Pleasanton station.
Mr. & Mrs. Lorenz are capable and willing and to continue to provide the service for all three stations. At this time, it is at SJRRC’s best interest to award the contract to Mr. & Mrs. Lorenz as a sole source. SJRRC will continue to seek out other options who can provide the same service. If there are other firm(s) that can provide the service, SJRRC will then consider going through the solicitation process.
Part of the contract scope of services will include an “Operations” component where Mr. & Mrs. Lorenz will be asked to assist during incidents such as late or annulled, bus bridge, and if need for school groups or special trains.
Mr. & Mrs. Lorenz cost proposal for the three-year period is Year 1: 95,551.60 Year 2: $98,895.91, Year 3: $102,357.26, for a three-year total of $296,805. Year’s 2 and 3 are estimated based on 3.5% CPI increase. The contract actual amounts in years’ 2 and 3 will be adjusted based upon the CPI.
Fiscal Impact
Costs associated with the first year of this Agreement are identified in the San Joaquin Regional Rail Commission/ACE/SJJPA Fiscal Year 2016/2017 Operating Budget in the Contracted Services Category in the Maintenance of Headquarters and Structures and Rail Maintenance Facility lines. Future year’s costs will be brought before the Board as part of the annual Budget approval process for consideration.
Recommendation
Approve Resolution of the Board of Commissioners of the San Joaquin Regional Rail Commission Authorizing a Three-Year Contract with Ticketing Services to Lisa Lorenz and Dirk Lorenz for an Amount Not-To-Exceed $296,805 total from July 1, 2016 through June 30, 2019and Authorizing and Directing the Executive Director to Execute the Agreement
75 of 86
RESOLUTION NO. RRC-R-15/16- ___
RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SAN JOAQUIN REGIONAL RAIL COMMISSION AUTHORIZING A THREE-YEAR CONTRACT WITH FOR TICKETING SERVICES TO LISA LORENZ AND DIRK LORENZ FOR AN AMOUNT NOT-TO-EXCEED $296,805 TOTAL FROM JULY 1, 2016 THROUGH JUNE 30, 2019, AND AUTHORIZING AND DIRECTING THE EXECUTIVE DIRECTOR TO EXECUTE THE AGREEMENT
WHEREAS, SJRRC requires Ticketing Services at the ACE Fremont Station, Great America Station, and as needed basis at the Pleasanton Station; and
WHEREAS, a solicitation process was not adequate and will award the contract as a sole source; and
WHEREAS, the Rail Commission came to agreement on the terms and price with Lisa Lorenz and Dirk Lorenz for Ticketing Services at the ACE Fremont Station, Great America Station, and as needed basis at the Pleasanton Station; and
NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of the San Joaquin Regional Rail Commission hereby Authorize a Three-Year for Ticketing Services to Lisa Lorenz and Dirk Lorenz for an Amount Not-To-Exceed $296,805 total from July 1, 2016 through June 30, 2019, and Authorizing and Directing the Executive Director to Execute the Agreement
PASSED AND ADOPTED by the San Joaquin Regional Rail Commission this 3rd day of June 2016, by the following vote:
AYES: NOES: ABSTAIN: ABSENT:
ATTEST: SAN JOAQUIN REGIONAL RAIL COMMISSION
______STACEY MORTENSEN, Secretary BOB JOHNSON, Chair
76 of 86 SAN JOAQUIN REGIONAL RAIL COMMISSION June 3, 2016
STAFF REPORT Item 5 ACTION Approve Resolution Approve Resolution of the Board of Commissioners of the San Joaquin Regional Rail Commission Authorizing the Chair to Negotiate with the Chair of the San Joaquin Joint Powers Authority to Extend the Term of the Managing Agency Agreement with the Rail Commission for the Oversight of the San Joaquin Intercity Rail Service for an Additional Three (3) Years
Background
The San Joaquin Rail Commission has been serving as the Managing Agency for the San Joaquin Service, under the direction of the San Joaquin Joint Powers Authority (SJJPA) since September 2013. The Rail Commission shares some staff positions and consultants and also retains dedicated staff positions and consultants on behalf of SJJPA. The Rail Commission is fully compensated for the Managing Agency services through an agreement with Caltrans and maintains a separate accounting system for SJJPA. The proposed Budget for SJJPA is also included in the Rail Commission's Fiscal Year 2016/2107 Work Program and Budget.
At their May 27th meeting, the SJJPA Board voted unanimously to extend the Managing Agency Agreement with the Rail Commission for an additional three years. In the event there are unforeseen issues that require material amendments to the existing Agreement, there is adequate time to bring the amended Agreement back to the Rail Commission for review and approval, but none are anticipated at this time.
Fiscal Impact
The Rail Commission is fully compensated for the Managing Agency services through an agreement with Caltrans and maintains a separate accounting system for SJJPA. The proposed Budget for SJJPA is also included in the Rail Commission's Fiscal Year 2016/2107 Work Program and Budget.
Recommendation
Approve Resolution of the Board of Commissioners of the San Joaquin Regional Rail Commission Authorizing the Chair to Negotiate with the Chair of the San Joaquin Joint Powers Authority to Extend the Term of the Managing Agency Agreement with the Rail Commission for the Oversight of the San Joaquin Intercity Rail Service for an Additional Three (3) Years
77 of 86 RESOLUTION NO. SJRRC-R-15/16-
RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SAN JOAQUIN REGIONAL RAIL COMMISSION AUTHORIZING THE CHAIR TO NEGOTIATE WITH THE CHAIR OF THE SAN JOAQUIN JOINT POWERS AUTHORITY TO EXTEND THE TERM OF THE MANAGING AGENCY AGREEMENT WITH THE RAIL COMMISSION FOR THE OVERSIGHT OF THE SAN JOAQUIN INTERCITY RAIL SERVICE FOR AN ADDITIONAL THREE (3) YEARS
WHEREAS, AB 1779 allowed for the creation of a San Joaquin Corridor Joint Powers Authority to assume responsibility for administering the state-funded San Joaquin Intercity Rail Service (San Joaquins); and
WHEREAS, a subcommittee of the SJJPA Ad Hoc Staff Working Group led the effort in developing and issuing a Request for Proposal for Managing Agency Service for the SJJPA; and
WHEREAS, after reviewing and interviewing interested proposers, the subcommittee of the SJJPA Ad Hoc Staff Working Group recommended SJRRC to provide for Managing Agency Services; and
WHEREAS, the SJJPA Board at the meeting of July 26, 2013 selected SJRRC to serve as the Managing Agency for an initial 3-year term beginning in September 2013; and
WHEREAS, the SJJPA at their May 27th, 2016 board meeting authorized the Chair to negotiate with SJRRC for a three-year extension to the SJJPA Managing Agency Agreement;
NOW THEREFORE, BE IT RESOLVED that the Board of Commissioners of the San Joaquin Regional Rail Commission authorize the Chair to negotiate with the Chair of the San Joaquin Joint Powers Authority to extend the term of the managing agency agreement with the Rail Commission for the oversight of the San Joaquin Intercity Rail Service for an additional three (3) years.
PASSED AND ADOPTED by the San Joaquin Regional Rail Commission this 3rd day of June 2016, by the following vote:
AYES: NOES: ABSTAIN: ABSENT:
ATTEST: SAN JOAQUIN REGIONAL RAIL COMMISSION
______STACEY MORTENSEN, Secretary BOB JOHNSON, Chair
78 of 86 SAN JOAQUIN REGIONAL RAIL COMMISSION Meeting of June 3, 2016
STAFF REPORT
Item 6 ACTION
Public Hearing: Presentation and Approval of a Resolution Adopting the SJRRC/ACE/SJJPA Combined Fiscal Year 2015/2016 Work Program and Operating Budget of $71,413,757 and Capital Budget of $42,661,203
79 of 86 RESOLUTION RRC-R-15/16___
RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SAN JOAQUIN REGIONAL RAIL COMMISSION ADOPTING THE SAN JOAQUIN REGIONAL RAIL COMMISSION/ACE/SJJPA FISCAL YEAR 2016/2017 WORK PROGRAM AND OPERATING BUDGET OF $71,413,757 AND CAPITAL BUDGET OF $42,661,203
WHEREAS, the San Joaquin Regional Rail Commission Joint Powers Agreement requires approval of an operating and capital budget each year; and
WHEREAS, the adoption of an operating and capital budget is necessary for obtaining Federal, State and Local funds to support the San Joaquin Regional Rail Commission; and
WHEREAS, the San Joaquin Regional Rail Commission (Rail Commission) Budget incorporates the operating, shuttle and capital budget for the Altamont Corridor Express (ACE) Service and the San Joaquin Intercity Service; and
WHEREAS, the Rail Commission, ACE and San Joaquin service projects and programs have separate revenue and expense accounts; and
WHEREAS, the Executive Director has prepared and presented an operating budget of $71,413,757 and a capital budget of $42,661,203 which sets forth the projected revenues and expenses associated with the San Joaquin Regional Rail Commission for Fiscal Year 2016/2017; and
WHEREAS, as part of the budget approval process, the Executive Director is responsible for, and authorized to implement, the adopted budget; and
WHEREAS, there are many business expenses that are routine in nature and are required to conduct the ordinary day-to-day activities of the Rail Commission, ACE and the San Joaquin service; and
WHEREAS, the Executive Director is authorized to make these ongoing expenditures within the approved levels of the adopted budget; and
WHEREAS, all budget increases, amendments, or transfers between major budget categories are submitted to the Board for approval, and the Executive Director has the authority to transfer funds within a major budget category; and
WHEREAS, revenue and expense reports comparing the cumulative revenue receipts and expenses to the approved budget are submitted to the Commissioners as part of the monthly meeting packets; and
WHEREAS, these reports provide the Commissioners an opportunity to monitor the budget status regularly throughout the fiscal year and make recommended adjustments when necessary.
NOW THEREFORE, BE IT RESOLVED that the Board of Commissioners of the San Joaquin Regional Rail Commission approve the Fiscal Year 2016/2017 Work Program and Operating Budget in the amount of $71,413,757 and Capital Budget in the amount of $42,661,203.
PASSED AND ADOPTED, by the San Joaquin Regional Rail Commission this 3rd day of June 2016, by the following vote:
AYES: NOES: ABSENT: ABSTAIN:
SAN JOAQUIN REGIONAL ATTEST: RAIL COMMISSION:
______STACEY MORTENSEN, Secretary BOB JOHNSON, Chair
80 of 86 SAN JOAQUIN REGIONAL RAIL COMMISSION June 3, 2016
STAFF REPORT Item 7 ACTION Approve Resolution of the Board of Commissioners of the San Joaquin Regional Rail Commission Authorizing a Three-Year Contract for Crew Layover Services to Marriott San Jose Downtown for an Amount Not-To-Exceed $1,466,047 total from July 1, 2016 through June 30, 2019, and Authorizing and Directing the Executive Director to Execute the Agreement
Background
As part of the Federal Railroad Administration (FRA) regulations, and per the agreement with Herzog Transit Services, Inc., 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 March 31, 2016, SJRRC released a Request for Proposals (RFP) for the solicitation of facilities to serve as layover for the ACE crew. The RFP was sent to the following hotels:
Americas Best Value Inn – San Jose Arena Hotel – San Jose Best Western Airport Plaza - San Jose Country Inn & Suites By Carlson - San Jose
81 of 86 Days Inn San Jose Airport - San Jose Fairmont San Jose - San Jose Four Points by Sheraton - San Jose
82 of 86 Hilton San Jose Hotel and Towers - San Jose Hotel De Anza - San Jose Hyatt Plaza - San Jose Marriott - San Jose Ramada Limited - San Jose Super 8 Motel - San Jose
As a result of the solicitation, the Rail Commission received one responsive proposal.
Marriott – San Jose
SJRRC in completing its due diligence solicited bidders who did not propose on the RFP as to why they did not submit a proposal and the response were for the same reason:
Other obligations – cannot take on new clients at this time
A panel consisting of John Giovannoni (SJRRC), Steve Walker (SJRRC), and Garlon Overley (SJJPA) reviewed the proposals and based on the proposer’s responsiveness to the scope of work and the cost proposal, Marriott-San Jose was deemed a responsive proposer.
The general scope of the program will include, but will not be limited to, standard hotel accommodations during ACE operating days and special events.
Marriott San Jose proposed a daily room rate of $122.06, $127.76, and $133.46 including taxes and other fees for each of the three (3) years associated with this agreement. As such, associated with this action, the amounts will be as follows:
FY 2016/2017 $466,880 Full Year
FY 2017/2018 $488,682 Full Year
FY 2018/2019 $510,485 Full Year
The contract to be awarded is for three (3) years with one (1) additional option to renew at the sole discretion of SJRRC. SJRRC does have the option to cancel the contract with 5 day written notice.
Fiscal Impact
Funding for the Crew Layover Facilities is included in the fiscal year 2016/2017 budget in the ACE Operations and Maintenance line.
Recommendation
Approve Resolution Awarding a Contract for Crew Layover Services to Marriott San Jose in an Amount Not-To-Exceed $1,466,047 total through June 30, 2019, and Authorizing and Directing the Executive Director to Execute the Agreement
83 of 86 RESOLUTION NO. RRC-R-15/16- ___
RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SAN JOAQUIN REGIONAL RAIL COMMISSION AUTHORIZING A THREE-YEAR CONTRACT WITH ONE ONE-YEAR OPTION FOR CREW LAYOVER SERVICES TO MARRIOTT SAN JOSE FOR AN AMOUNT NOT-TO-EXCEED $1,466,047 TOTAL FROM JULY 1, 2016 THROUGH JUNE 30, 2019, AND AUTHORIZING AND DIRECTING THE EXECUTIVE DIRECTOR TO EXECUTE THE AGREEMENT
WHEREAS, SJRRC requires Crew Layover Services at San Jose; and
WHEREAS, a Request for Proposal for Crew Layover Services was issued on March 31, 2016 with a due date of May 05, 2016; and
WHEREAS, on May 05, 2016, one proposal was received for Crew Layover Services; and
WHEREAS, the proposal received, was deemed responsive to the RFP and evaluated as part of the procurement process; and
WHEREAS, the Rail Commission came to agreement on the terms and price with Marriott San Jose for Crew Layover Services; and
NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of the San Joaquin Regional Rail Commission hereby Authorize a Three-Year Contract with One-year Option for Crew Layover Services to San Jose Marriott for an Amount Not-To- Exceed $1,466,047 total from July 1, 2016 through June 30, 2019, and Authorizing and Directing the Executive Director to Execute the Agreement
PASSED AND ADOPTED by the San Joaquin Regional Rail Commission this 3rd day of June 2016, by the following vote:
AYES: NOES: ABSTAIN: ABSENT:
ATTEST: SAN JOAQUIN REGIONAL RAIL COMMISSION
______STACEY MORTENSEN, Secretary BOB JOHNSON, Chair
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