June 28, 2016 Item XII.5: Page 1

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1 June 28, 2016 Item XII.5: Page 1

2 STAFF REPORT TO THE CITY COUNCIL DATE: Regular Meeting of June 28, 2016 TO: SUBMITTED BY: SUBJECT: Members of the City Council Michael Roberts, Public Works Director/City Engineer Cooperative Agreement with West Contra Costa Transportation Advisory Committee (WCCTAC) to Receive $1M in Subregional Transportation Mitigation Program (STMP) Funding RECOMMENDED ACTION: Adopt a resolution approving a Cooperative Funding Agreement with West Contra Costa Transportation Advisory Committee (WCCTAC) and authorizing the City Manager to execute the Agreement on behalf of the City. COMMISSION/SUBCOMMITTEE ACTION AND RECOMMENDATION: There was no commission or subcommittee review of this item. FISCAL IMPACT OF RECOMMENDATION: The Agreement provides $1,000,000 in funding for the construction of the Path To Transit Phase of the Regional Intermodal Transit Center in Hercules. DISCUSSION: The STMP was adopted by WCCTAC in 1997 and funds regionally significant transportation projects that mitigate traffic impacts caused by growth. The program is funded by fees charged to new development and disbursements are made on an on-going basis as funding allows. The City submitted a $1M funding request to WCCTAC in February 2016 for the Path To Transit Phase of the Regional Intermodal Transit Center in Hercules. The request was reviewed by the WCCTAC Technical Advisory Committee in March, approved by the Board later that month, and the Cooperative Funding Agreement was subsequently approved by the Board in May. Entering into the Funding Agreement is a requirement to receive the funding. Details on the Program are discussed in the attached May and March WCCTAC Board staff reports. ATTACHMENTS: 1. Resolution 2. Funding Agreement 3. Hercules February 23, 2016 Funding Request 4. WCCTAC March 2016 Board Staff Report 5. WCCTAC May 2016 Board Staff Report June 28, 2016 Item XII.5: Page 2

3 RESOLUTION NO. 16- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES APPROVING A COOPERATIVE FUNDING AGREEMENT WITH WEST CONTRA COSTA TRANSPORTATION ADVISORY COMMITTEE (WCCTAC) AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY SUBJECT TO MINOR REVISIONS BY THE CITY ATTORNEY. WHEREAS, WCCTAC adopted the Subregional Transportation Mitigation Program (STMP) in 1997, which funds regionally significant transportation projects that mitigate traffic impacts caused by growth; and WHEREAS, the program is funded by fees charged to new development and disbursements are made on an ongoing basis funding allows; and WHEREAS, in February 2016 the City submitted a $1,000,000 STMP funding request to WCCTAC for the Path To Transit Phase of the Regional Intermodal Transit Center; and WHEREAS, the WCCTAC Board approved the City s request at their March 2016 meeting and the Cooperative Funding Agreement at their May 2016 meeting; and WHEREAS, the City is required to enter into the Cooperative Funding Agreement to receive the requested funding. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hercules that the City Council hereby adopts a resolution approving a Cooperative Funding Agreement with West Contra Costa Transportation Advisory Committee (WCCTAC) and authorizes the City Manager to execute the Agreement on behalf of the City subject to minor revisions by the City Attorney. The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the twenty eighth day of June, 2016 by the following vote of the Council: AYES: NOES: ABSTAIN: ABSENT: Dan Romero, Mayor June 28, 2016 Item XII.5: Page 3

4 ATTEST: Margaret S. Roberts, MMC Administrative Services Director/City Clerk June 28, 2016 Item XII.5: Page 4

5 COOPERATIVE FUNDING AGREEMENT BETWEEN WEST CONTRA COSTA TRANSPORTATION ADVISORY COMMITTEE AND City of Hercules Regional Intermodal Transit Center in Hercules This AGREEMENT is made and entered into as of, (the Effective Date ) by and between the West Contra Costa Transportation Advisory Committee ( WCCTAC ), a Joint Exercise of Powers Agency organized pursuant to California Government Code Section 6500, et. seq., among the cities of El Cerrito, Hercules, Pinole, Richmond, and San Pablo, the County of Contra Costa, and the transit agencies AC Transit, Bay Area Rapid Transit District, and Western Contra Costa Transit Authority, with offices located at 6333 Potrero Avenue, Suite 100, El Cerrito, CA 94530, and City of Hercules, a municipal corporation/special district/etc. WCCTAC and City of Hercules ( Agency ) shall sometimes be referred to collectively herein as the Parties and individually as a Party. RECITALS WHEREAS, the members of WCCTAC signed a Master Cooperative Agreement pertaining to the 2006 Subregional Transportation Mitigation Fee Program ( 2006 STMP ) in West Contra Costa County, including a list of eleven specific projects and the STMP funding commitments to those projects; and WHEREAS, Agency s Project, as further described in the Scope of Work, attached as Exhibit A, which is incorporated herein ( Project ), is one of the eleven projects identified in the 2006 STMP; and WHEREAS, plans, studies, and cost estimates for Agency s Project are eligible uses for the STMP funds; and WHEREAS, at its March 25, 2016 meeting, the WCCTAC Board of Directors approved an appropriation of One Million Dollars ($1,000,000) in STMP funds to Agency towards the Project. Now, therefore, the Parties hereby agree as follows: SECTION 1 SCOPE OF WORK 1.1 Scope of Work. Subject to the terms and conditions set forth in this Agreement, Agency shall perform or cause to perform the work described in the Scope of Work attached as Exhibit A, and incorporated herein, at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. June 28, 2016 Item XII.5: Page 5

6 1.2. Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on the three-year anniversary of the Effective Date, and Agency shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended. The time provided to Agency to complete the services required by this Agreement shall not affect WCCTAC s right to terminate the Agreement Standard of Performance. Agency shall perform or cause to be performed all services required in Exhibit A according to the standards observed by a competent practitioner of the profession in which Agency s consultants or contractors are engaged Assignment of Personnel. Agency shall retain only competent personnel to perform the Project to this Agreement. In the event that WCCTAC, in its sole discretion, desires the reassignment of any such persons, Agency shall, upon receiving notice from WCCTAC, of such desire of WCCTAC, reassign such person or persons Time is of the Essence. Time is of the essence. Agency shall devote such time to the performance of the Project pursuant to this Agreement as may be reasonably necessary to timely finish the Scope of Work, Exhibit A Public Works and Department of Industrial Relations Requirements. Because the Project and Scope of Services described in Exhibit A may include work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work, the Project may constitute a public works within the definition of Section 1720(a)(1) of the California Labor Code. In accordance with California Labor Code Section , WCCTAC notifies Agency that this Project is subject to the general prevailing wages in the locality in which the services described in Exhibit A are to be performed. Agency shall cause to be paid prevailing wages for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which Agency shall make available on request by contractors and consultants. The Agency, its consultant and contractors engaged in the performance of the Scope of Services described in Exhibit A shall pay no less than these rates to all persons engaged in performance of the services described in Exhibit A. Agency is also required to comply all relevant provisions of the Labor Code applicable to public works, including enforcement of the contractor registration requirements of the California State Department of Industrial Relations. SECTION 2 FUNDING OBLIGATIONS 2.1. Funding. In accordance with the WCCTAC Master Cooperative Agreement pertaining to the 2006 STMP, and subject to available funding, WCCTAC hereby agrees to fund Agency s Project in a sum not to exceed One Million Dollars, ($1,000,000) notwithstanding any contrary indications that may be contained in Agency or any third-party proposal for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Agency s Scope of Service, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. June 28, 2016 Item XII.5: Page 6

7 The payments specified herein shall be the only payments from WCCTAC to Agency pursuant to this Agreement. Agency shall submit all invoices to WCCTAC in the manner specified herein. Agency shall not bill WCCTAC for duplicate services performed by more than one person. WCCTAC and Agency acknowledge and agree that funding paid by WCCTAC to Agency under this Agreement is based upon Agency s estimated costs of funding Agency s Project, including salaries and benefits of employees, consultants and contractors of Agency. WCCTAC has no responsibility for such contributions beyond the amount set forth under this Agreement Invoices. Agency shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost it incurs for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information: a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; b. The beginning and ending dates of the billing period; c. A task summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion Monthly Payment. WCCTAC shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. WCCTAC shall have 60 days from the receipt of an invoice that complies with all of the requirements above to pay Agency Total Payment. In no event shall Agency submit any invoice for an amount in excess of the maximum amount of compensation provided in Section 2.1, above, either for a task or for the entire Agreement, unless the Agreement is modified in writing prior to the submission of such an invoice by a properly executed change order or amendment Reimbursable Expenses. Reimbursable expenses shall not include a mark-up and are billed as a direct cost. In no event shall expenses be advanced by WCCTAC to the Agency. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded Payment of Taxes. Agency and its contractors and consultants are solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes Payment upon Termination. In the event that WCCTAC or Agency terminates this Agreement pursuant to Section 3.4, WCCTAC shall compensate the Agency for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Agency shall maintain adequate logs and timesheets to verify costs incurred to that date. June 28, 2016 Item XII.5: Page 7

8 2.8. Authorization to Perform Services. The Agency is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement not specified in Exhibit A until receipt of authorization from WCCTAC s Executive Director or his designee Funding Request. Agency shall submit the request for funds for specific components of the Project, detailing project scope, schedule and proposed funding plan, at least four (4) months in advance of the initial anticipated cash flow need or reimbursement; to submit subsequent requests at least two (2) months in advance of anticipated need; and to apply any funds received under this Agreement to the Project consistent with the terms and conditions of an approved funding appropriation Progress Reports. Progress reports shall be submitted along with the funding request in Section 2.9. Agency shall submit progress reports in a form satisfactory to WCCTAC based on the cost for services performed Records Keeping. All reports, studies, plans, data, maps, models, charts, surveys, photographs, memoranda, plans, specifications, records, files, or any other documents or materials, in electronic or any other form, that Agency prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be made available to WCCTAC at WCCTAC s request Agency Financial Records. Agency shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to WCCTAC under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Agency to this Agreement Inspection and Audit of Records. Any records or documents that Sections 2.11 and 2.12 of this Agreement requires Agency to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request by WCCTAC. Under California Government Code Section , if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of WCCTAC or as part of any audit of WCCTAC, for a period of 3 years after final payment under the Agreement. SECTION 3 GENERAL PROVISIONS 3.1. Funding Limitations and Contingencies. If, in response to the Request for Proposal(s), it appears that Project costs including contingency, will exceed the funding set forth in Section 2.1, the Parties agree that they shall meet to revise Project Scope to meet available funding. Funding of Agency s Project is strictly contingent upon WCCTAC having received, appropriated and allocated sufficient STMP funds for the Agency s Project. Funding is also contingent upon WCCTAC receiving a fully executed Agreement from Agency. If the Project Scope cannot be revised to meet available funding, then WCCTAC reserves the right to terminate this Agreement, June 28, 2016 Item XII.5: Page 8

9 or suspend funding, until such time that additional STMP funds are available and allocated to Agency s Project. 3.2 Acceptance. Upon completion of the Project, Agency shall submit a report documenting that project is substantially complete. Agency shall be responsible for filing the appropriate notice of completion for the Project and shall provide a copy to WCCTAC for its records. 3.3 Alternative Dispute Resolution. All disputes that arise in connection with interpretation or performance of the Agreement shall first attempted to be resolved informally by the Parties. If not resolved, prior to instituting legal action, the Parties agree to participate in mediation with a mediator jointly selected by the Parties. If the dispute is not resolved by mediation, then the Parties will retain any and all remedies that they otherwise would have at law or equity. 3.4 Termination. This Agreement shall be subject to termination as follows: a. Either Party may terminate this Agreement at any time for cause pursuant to a power created by the Agreement or by law, other than for breach, by giving written notice of termination to either Party, which notice shall specify both the cause and the effective date of termination. Notice of termination under this provision shall be given at least ninety (90) days before the effective date of such termination. All obligations that are still executory will be discharged but any right based upon prior breach or performance shall survive. b. This Agreement may be terminated by a Party for breach of any obligation, covenant, or condition by the other Party, upon notice to the breaching Party. With respect to any breach that is reasonably capable of being cured, the breaching Party shall have thirty (30) days from the date of the notice to initiate steps to cure. If the breaching Party diligently pursues cure, such Party shall be allowed a reasonable time to cure, not to exceed sixty (60) days from the date of the initial notice, unless a further extension is granted by the non-breaching Party. On termination, the non-breaching Party retains the same rights as a Party exercising its right to terminate under the provisions of Section 3.4, except that the non-breaching Party also retains any remedy for breach of the whole contract or any unperformed balance. c. By mutual consent of both Parties, this Agreement may be terminated at any time. d. This Agreement may be terminated by WCCTAC if funding for Agency s Project is no longer available by operation of law, or by action taken by the WCCTAC Board of Directors to reallocate funds. e. In no event shall the Parties terminate this Agreement if such termination would conflict with, cause a default under, or otherwise violate the terms or conditions of any revenue bonds. 3.5 Waiver of Claims Against WCCTAC. Agency waives all claims by Agency, its directors, supervisors, officers, employees, or agents against WCCTAC, its commissioners, officers, and/or employees for damages, loss, injury and/or liability, direct or indirect, resulting from Agency s participation in the Project. Agency s waiver shall not apply to liability arising June 28, 2016 Item XII.5: Page 9

10 from and caused by the sole negligence or willful misconduct of WCCTAC, its commissioners, officers, and/or employees. 3.6 Indemnity. Agency shall defend, indemnify and hold harmless WCCTAC, its governing board, member agencies, officers, and employees from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney s fees and costs and fees of litigation) (collectively, Liability ) of every nature arising out of or in connection with Agency s performance of any work under this Agreement, except such Liability caused by the sole negligence or willful misconduct of WCCTAC. With respect to third party claims against Agency, waives any and all rights of any type to express or implied indemnity against WCCTAC. 3.7 Notices. All notices (including requests, demands, approvals or other communications) under this Agreement shall be in writing. Notice shall be sufficiently given for all purposes as follows: a. When delivered by first class mail, postage prepaid, notice shall be deemed delivered three (3) business days after deposit in the United States Mail. b. When mailed by certified mail with return receipt requested, notice is effective upon receipt if delivery is confirmed by a return receipt. c. When delivered by overnight delivery by a nationally recognized overnight courier, notice shall be deemed delivered one (1) business day after deposit with that courier. d. When personally delivered to the recipient, notice shall be deemed delivered on the date personally delivered. e. The place for delivery of all notices under this Agreement shall be as follows: If to WCCTAC: John Nemeth, Executive Director West Contra Costa Transportation Advisory Committee 6333 Potrero Avenue, Suite 100 El Cerrito, CA with a Copy to: Kristopher J. Kokotaylo, Legal Counsel Meyers Nave Riback Silver & Wilson th Street, Suite 1500 Oakland, CA If to Agency: June 28, 2016 Item XII.5: Page 10

11 David Biggs, City Manager 111 Civic Drive Hercules, CA Additional Acts and Documents. Each Party agrees to do all such things and take all such actions, and to make, execute, and deliver such other documents and instruments, as shall be reasonably requested to carry out the provisions, intent, and purpose of this Agreement. 3.9 Integration. This Agreement represents the entire agreement of the Parties with respect to the subject matter. No representations, warranties, inducement, or oral agreements have been made by any of the Parties except as expressly set forth in this Agreement Governing Law. The laws of the State of California shall govern this Agreement. Agency and any consultants and contractors shall comply with all laws, including, but not limited, all statutes, regulations, local ordinances, and decisional authority, applicable to the Scope of Work hereunder. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Agency and any subcontractors shall comply with all applicable rules and regulations to which WCCTAC is bound by the terms of such fiscal assistance program Amendment. This Agreement may not be changed, modified, or rescinded except by the written approval of the legislative bodies of each Party, and any attempt of oral modification of this Agreement shall be void and of no effect Independent Contractor. Agency and WCCTAC render their services under this Agreement as independent contractors. None of the agents or employees of either shall be agents or employees of the other Assignment. This Agreement may not be assigned, transferred, hypothecated, or pledged by any Party without the express written consent of the other Party Successors and Assigns. This Agreement shall be binding upon the successors, assignees, or transferees of WCCTAC or Agency as the case may be. This provision shall not be constructed as an authorization to assign, transfer, hypothecate, or pledge this Agreement other than as provided above Severability. Should any part of this Agreement be determined to be unenforceable, invalid, or beyond the authority of either Party to enter into or carry out, such determination shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, so long as the remainder, absent the excised portion, can be reasonably interpreted to give effect to the intentions of the parties Jurisdiction and Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Contra Costa or in the United States District Court for the Northern District of California. June 28, 2016 Item XII.5: Page 11

12 3.17 Attorneys Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement Counterparts. This Agreement may be executed in counterparts. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed and attested by their respective officers, duly authorized so to act, as of the date set forth in the first paragraph of this Agreement. City of Hercules West Contra Costa Transportation Advisory Committee David Biggs, City Manager John Nemeth, Executive Director Approved as to Form: Approved as to Form: Agency Counsel Kristopher Kokotaylo, Legal Counsel June 28, 2016 Item XII.5: Page 12

13 EXHIBIT A The Agency agrees to: SCOPE OF SERVICES 1. To act as the lead agency and take responsibility for evaluating prospective consultants and contractors retained by Agency and subsequent award of work consistent with this Agreement. 2. To act as the lead agency and retain, as appropriate, consulting services consistent with this Agreement. 3. To be responsible for providing management of consultant and contractor activities, including responsibility for scheduling, budgeting, and oversight of the services, consistent with the scope of the project. 4. To advance or complete all or a portion of following STMP project identified as funding categories: Capitol Corridor Improvements. 5. To use the STMP funds for the construction of the Path To Transit Phase of the Regional Intermodal Transit Center in Hercules. 6. To produce or complete the John Muir Parkway extension, Bayfront Bridge, and Bayfront Boulevard extension for the Capitol Corridor train station including street, curb and gutter, sidewalk, bridge, and appurtenant facilities including storm drain, detention facility, signing and striping, streetlights, joint trench, landscaping, and environmental mitigation. 7. To complete the over-all project based on the following initial schedule the schedule for the project the project is currently under construction and scheduled to be completed by March 15, To complete the STMP-funded portion of the project based on the estimated completion date of March 15, June 28, 2016 Item XII.5: Page 13

14 CITY OF HERCULES 111 CIVIC DRIVE, HERCULES CA PHONE: (510) February 23, 2016 Mr. John Nemeth Executive Director West Contra Costa Transportation Advisory Committee 6333 Potrero Avenue, Suite 100 El Cerrito, CA Dear Mr. Nemeth: The City of Hercules respectfully requests $1.0M in Subregional Transportation Mitigation Program (STMP) funding for the Path to Transit Phase of the Regional Intermodal Transit Center (RITC) in Hercules, which was previously known as the Hercules Intermodal Transportation Center (ITC). The Regional Intermodal Transit Center will connect bus, rail, and ferry services at one location and serve as a major multimodal transportation hub for West Contra Costa County. This will be of tremendous regional benefit and Hercules is pleased to be a part of meeting regional needs by hosting this facility. Completion of the RITC was identified as a proposed action in the West County Action Plan and a total of $13.3 was allocated to the RITC in the 2006 STMP nexus study upon which the regional impact fee was developed and the basis for which the fees are being collected. Priority should continue to be provided to those 2006 STMP nexus study still in need of funding and which have not yet been completed, and the RITC falls into that high priority category. Construction on the RITC is well underway. The initial phase, the $11M Bay Trail East, was opened to the public in September Construction on the $12M Path To Transit phase, which is the subject of this funding request, began in September 2015 and is anticipated to be completed in October Path to Transit is extending John Muir Parkway to the future train station site and will provide immediate bus service to 1,100 existing homes in surrounding transit-oriented developments and the planned 1,300 home Bayfront development. Our request for this phase is $1.0M, which is needed to fully fund the project and prevent borrowing from local road maintenance resources. Three additional phases totaling approximately $50M are needed to provide the infrastructure for a train to stop 4C-5 June 28, 2016 Item XII.5: Page 14

15 We are excited about the progress of the RITC and the positive impact it will have in relieving congestion on I-80, the most congested corridor in the Bay Area, and the benefit it will provide to local residents. We respectfully request your Board s consideration of this funding request. Sincerely, David Biggs City Manager CC: Michael Roberts, Hercules Public Works Director/City Engineer January 12, June 28, C-6 Item XII.5: Page 15

16 TO: WCCTAC Board DATE: March 25, 2016 FR: RE: Leah Greenblat, Project Manager Funding Current STMP Requests REQUESTED ACTION Provide direction to staff on current requests for Sub-regional Transportation Mitigation Program (STMP) funds. BACKGROUND AND DISCUSSION Historical Context Adopted in 1988, Measure C required the development of a regional traffic mitigation fee program to fund regional and sub-regional transportation projects. Measure J continued the requirement. In 1997, WCCTAC adopted the Sub-regional Transportation Mitigation Program (STMP). In order to establish the fee amounts and the eligible projects, WCCTAC conducted a nexus study, which is required periodically to justify the fee. The nexus study evaluated the traffic impacts of future growth and the needed transportation improvements to mitigate those impacts. Then, the study determined what portion of the improvement costs would be attributable to the new development and could be collected as a fee during the permitting process for new development. In 2005 WCCTAC updated the nexus study and in 2006 it updated the STMP program. Subsequently, each city and the county adopted an ordinance to implement the collection of fees based on the STMP Update. The ordinance listed eleven project categories eligible for STMP funds; see Attachment #1 for the complete listing of projects. The current fiscal year s Work Program includes a review of the STMP program. Having conducted that review, staff believes that there are three distinct efforts that should be pursued in parallel. They include: 1. Development of an updated Nexus study. 2. Addressing fee collection and administrative issues with local jurisdictions to ensure program consistency, transparency, and efficiency. 3. Providing funding to eligible projects given a growing STMP fund balance The March 25, 2016 Board meeting will focus on item #3 above. Staff will return at a future meeting to discuss an RFP and Scope of Work for item #1. It will return to discuss item #2, if necessary. June 28, 2016 Item XII.5: Page

17 Current STMP Balance Prior to the Great Recession, STMP did not generate fees in the amounts anticipated by the 2005 Nexus Study, resulting in relatively few dollars to distribute to eligible projects. During and immediately following the Great Recession, the rate of fee collection slowed further. Subsequently, the fund balance remained low and the ability to fund projects was limited. For the last few years, the agency has had a general practice of not establishing new cooperative agreements for funding, given the modesty of the STMP fund balance. Recently, and particularly within the last year and a half, fee contributions have increased to a point where there is a balance large enough to warrant a distribution to eligible projects, consistent with the intent of the program. As of March 10, 2016, the current balance of WCCTAC s Sub-regional Transportation Mitigation Program was $2,249,538. REQUESTS FOR STMP PROJECT FUNDING WCCTAC staff recently made project sponsors aware of the potential availability of STMP funds (A list of eligible projects as defined in the Nexus Study is included as Attachment #1). At its last two meetings, the WCCTAC TAC discussed the STMP program and recent requests for STMP funding. To date, WCCTAC has received notification from the following agencies, attached, requesting STMP funds: The City of Richmond alerted the TAC to a 2011 WCCTAC commitment to allow the City to incur costs for the Richmond Intermodal Station, East Side Improvements Project without prejudice to receive future reimbursements from STMP up to $ This project is eligible for funding under STMP Project ID# 1. The City of Hercules is requesting $1,000,000 in funding for its Path-To-Transit Phase of the Regional Intermodal Transit Center (RITC). The project will extend John Muir Parkway to the future intermodal station and will allow immediate bus service to existing transit-oriented developments and the planned 1,300 home Bayfront development. This project is eligible for funding under STMP Project ID# 3. The East Bay Regional Park District is requesting $500,000 to construct approximately 1,800 linear feet of the Bay Trail at Lone Tree Point in Rodeo. This project is eligible for funding under STMP Project ID# 6. BART and the City of El Cerrito submitted a joint request for $1,300,000 for the El Cerrito del Norte Station Access Improvements Project and the Ohlone Greenway BART Station Area Access, Safety and Placemaking Improvements Project. One million dollars is requested for the BART project and $300,000 is intended for the City of El Cerrito s project. The projects are adjacent to one another and developed in coordination. BART s project is eligible for funding under STMP Project ID# 5 and El Cerrito s project is eligible for funding under STMP Project ID# 11. In addition to these projects, the City of San Pablo and CCTA may be considering a request for up to $2,000,000 for the I-80 / San Pablo Dam Road interchange project. These funds would be used for the construction contingency for Phase 1. As of the time of writing, WCCTAC has not received a formal, written request for STMP funds. This project would be eligible for funding under STMP Project ID# 2. For informational purposes, this project was included in the analysis below, since it was discussed at the TAC meeting. June 28, 2016 Item XII.5: Page

18 OTHER STMP FUNDING NEEDS New Nexus Study WCCTAC completed its last STMP nexus study in In order for the fee assessments to accurately reflect the needs of the sub-region and for the fee to remain legally defensible, WCCTAC needs to update the study periodically. A new nexus study will reflect changes in planned land use and transportation projects since the adoption of the prior nexus study. WCCTAC staff plans to bring an RFP and Scope of Work to the Board in the summer and anticipates undertaking a new nexus study in the fall of Based on a similar recent effort in another sub-region of the County, staff estimates that this study would cost up to $250,000. WCCTAC staff and TAC recommend completion of a new nexus study as a high priority. FY 16 & FY 17 Program Expenses It should be noted that some fees should be retained in the fund over the current and upcoming fiscal years in order to cover WCCTAC administrative expenses. The STMP ordinance allows for a recovery of administrative costs up to two percent of the STMP monies disbursed. Only $10,000 was budgeted in FY16 for administrative expenses. Given staff projections regarding disbursements in F17 (based on 2% of $2 million), WCCTAC anticipates budgeting up to $40,000 in the next fiscal year (This amount is still lower than actual administrative expenses). SUMMARY OF EXPENSE AND FUNDING REQUESTS The total estimate for anticipated expenses (new nexus study and FY 16 and FY 17 administrative fees) is $300,000. When combined with formal funding requests of $3,327,000, the total equals $3,627,000. With a current STMP fund balance of approximately $2,250,000, the anticipated expenses and funding requests exceed the available funds by $1,377,000. Staff anticipates that STMP fund proceeds will continue to be strong over the near term, although revenue generation is difficult to predict. For a recent historical perspective, the amount of STMP fees collected over the last few fiscal years, is shown in the table below. Fiscal Year STMP Revenue Generated FY $312,471 FY $150,417 FY $186,361 FY $855,085 FY (through Feb) $328,819 EVALUATION OF FUNDING REQUESTS WCCTAC TAC Discussion Regarding Prioritization As there are currently insufficient dollars available to fund fully all requests, the WCCTAC TAC discussed options for prioritizing projects. It did not reach a consensus about who should receive available funds. However, it did embrace three objective evaluation criteria to apply to project requests, as follows: June 28, 2016 Item XII.5: Page

19 1. Project Readiness 2. Past Recipients of STMP Funds 3. Percentage of Funding Projects Previously Received At the direction of the TAC, WCCTAC staff conducted an analysis of funding requests based on the TAC s criteria, using a ranking for each of the three categories. In this analysis, lower numbers are better. As noted previously, the San Pablo / CCTA project is included in the analysis below for informational purposes. Project Readiness At the TAC meeting, each project sponsor provided an update on their project s readiness. Staff used this information as the basis for the ranking below. Those projects in construction were deemed very ready to use funds. Those in earlier stages of development may have a longer timeframe in which STMP funds could be useful. They ranked lower as a result. In the case of Richmond, the project is complete but represents an outstanding receivable. Project Readiness Agency/Sponsor Status Rank Richmond Completed (IOU) 1 Hercules Construction 2 San Pablo / CCTA Construction 2 El Cerrito Nearing Bidding 3 BART Nearing Bidding 3 EBRPD Nearing Design 4 Sponsor Receipt of STMP Funds Staff also ranked each project based on how recently that sponsor has received STMP funds. As of December 2015, the following agencies had received STMP funding: RECIPIENTS OF STMP FUNDS BART EBRPD Hercules ACTC CCTA Richmond 2015 $ 33, $ 71,199 $ 1, $ 20, $ 138, $ 327,529 $ 300, $ 87, $ 4, $ 2,100,435 $ 135,391 Totals: $ 104,970 $ 487,365 $ 304,963 $ 87,000 $ 2,100,435 $ 135,391 June 28, 2016 Item XII.5: Page

20 Those sponsors receiving funds most recently were ranked the lowest, as show in the table below. Recent Recipients (Equity) Agency/Sponsor Status Rank El Cerrito Never Received 1 Richmond Received San Pablo / CCTA Received Hercules Received EBRPD Received BART Received Funding Received as Share of Programmed Funds Staff examined how much funding has already been provided to eligible STMP projects as a share of the funding that was programmed to each (see Attachment #2). Those project that have already received a relatively larger amount of their programmed funding were ranked lower, as shown the table below: Funding Previously Received Agency/Sponsor Status Rank Hercules 0.00% 1 El Cerrito 0.00% 1 BART 0.41% 2 Richmond 0.90% 3 San Pablo / CCTA 14.71% 4 EBRPD 32.28% 5 Total Project Ranking The project rankings for each of the TAC s criteria above were added together for an overall score that was then placed in rank order. Totals of Combined Criteria Agency/Sponsor Score Rank El Cerrito 5 1 Richmond 6 2 Hercules 6 2 San Pablo / CCTA 8 3 BART 10 4 EBRPD 13 5 The WCCTAC Board is free to award funding as it deems appropriate. Please note again that while the TAC recommended criteria, it did not have a consensus funding recommendation. Note again too that the San Pablo / CCTA concept was included for informational purposes and was not a request at the time of writing. One option for the Board would be to fully fund requests and to base prioritization on the ranking above. The top three project scores are clustered close in range and can all be accommodated within available funds. This would result in the following allocation: June 28, 2016 Item XII.5: Page

21 STMP Funding Option Based On Rank Dollar Amount Funds Available $2,249,538 El Cerrito $300,000 Richmond $527,000 Hercules $1,000,000 Subtotal $1,827,000 Nexus Study 250,000 Administrative Costs through FY17 $50,000 Total $2,127,000 Remaining Fund Balance $122,538 An alternative, and a concept also discussed by the TAC, would be to reimburse Richmond and then spread the remainder across some or all of the eligible projects. There are, of course, many other ways to allocate the funding as well. It is possible that the Board could select a method (such as the option in the table above) in which some projects do not receiving funding at this time. These projects could be prioritized for the next funding round or they could simply be part of the mix to be analyzed again with other competing project requests. The next funding round could be initiated at a specified date or when the fund balance reaches a particular level. Attachments: 1. Projects Currently Eligible for STMP Funding 2. Eligible STMP Projects Funded Previously 3. Request for a Letter of No Prejudice for STMP funds from the City of Richmond, October 5, WCCTAC letter to the City of Richmond confirming approval of a Letter of No Prejudice for STMP funds 5. Request for STMP funds from the City of Hercules 6. Request for STMP funds from the East Bay Regional Park District 7. Request for STMP funds from BART and the City of El Cerrito June 28, 2016 Item XII.5: Page

22 ATTACHMENT #1: Projects Currently Eligible for STMP Funding Based on the 2005 nexus study, the model ordinance listed eleven projects eligible for the funds raised by the STMP fees. According to the ordinance, the STMP fees shall be used exclusively for the following projects: 1. Richmond Intermodal Station Public improvements including, but not limited to: the parking garage, station building, transit center, east side improvements, lighting and real-time transit information. 2. Interchanges on I-80 at San Pablo Dam Road and Central Avenue; and on Highway 4 at Willow Avenue Upgrade and improve the interchange at I- 80/San Pablo Dam Road including provisions for bicyclists and pedestrians; enhance operations and vehicular, bicycle, pedestrian safety in the vicinity of the interchange. Modify and realign the interchange and ramp at I-80/Central Avenue, and/or other improvements to improve access to/from I-80 and I-580 at Central Avenue. Relocate and realign ramps at Willow Avenue to meet current standards for improved local access and freeway movements. 3. Capitol Corridor Improvements Parking, station platform, signage and plazas, rail improvements, etc. at the Hercules Passenger Rail Station and/or track improvements, drainage, fencing, safety improvements and/or other improvements along the Capitol Corridor line in West Contra Costa County. 4. Ferry Service to San Francisco from Richmond and/or Hercules/Rodeo New ferry service utilizing high-speed vessels and funds for capital improvements such as terminals, landside improvements, parking, lighting, transit feeder service, signage, etc. 5. BART Access and/or Parking Improvements Parking, aesthetic, and/or access improvements, station capacity improvements, sidewalks, lighting/restroom renovations, bicycle storage, expanded automatic fare collection equipment, etc. at the El Cerrito Plaza, El Cerrito Del Norte, and/or Richmond BART stations. 6. Bay Trail Gap Closure Close gaps in the Bay Trail in West Contra Costa County, including, but not limited to the following: (1) the one-mile gap along the Richmond Parkway between Pennsylvania and Gertrude Avenues; (2) the 1.8 mile gap north of Freethy Boulevard to Payne Drive in Richmond; (3) the two-mile gap from Payne Drive to Cypress Avenue in Richmond; (4) the one-mile gap from Pinole Shores to Railroad Avenue in Pinole; and (5) the 1.8 mile gap from Railroad Avenue to Parker Avenue in Hercules. 7. San Pablo Dam Road Improvements in Downtown El Sobrante Traffic calming, additional signals, pedestrian improvements, turn lanes, etc. that are identified in the Downtown El Sobrante Transportation and Land Use Plan (and subsequent documents). June 28, 2016 Item XII.5: Page

23 8. San Pablo Avenue Corridor Improvements Infrastructure improvements on San Pablo Avenue through West Contra Costa County within a half-mile walking distance of San Pablo Avenue in either direction and/or San Pablo Avenue SMART Corridor improvements. 9. North Richmond Road Connection Project Extend Seventh Street northward to connect to an eastward extension of Pittsburg Avenue in North Richmond. 10. Hercules Transit Center Relocate and expand the Hercules Transit Center on the east side of Highway Del Norte Area Transit Oriented Development Project Public Improvements Parking facilities; bicycle, pedestrian, and/or bus transit access improvements;-signage; lighting; improvements to station access or station waiting areas; ADA improvements; improvements to adjacent streets, street crossings, or signals; and/or Ohlone Greenway improvements. June 28, 2016 Item XII.5: Page

24 ATTACHMENT #2: Eligible STMP Projects Funded Previously WCCTAC has distributed the following dollar amounts to STMP eligible projects as of December 2015: 1. Eligible STMP Project Original Rec. from Nexus Study Total Funds Awarded Funds Awarded as % of Original Rec. A B = A/B Richmond Intermodal $ 15,000,000 $ 135, $ 135, I-80/San Pablo Dam Rd.; I- 80/Central Ave.; Hwy $ 14,280,000 $2,100, $2,100,435 4/Willow Ave. 3. Capitol Corridor Improvements $ 13,255, $ - 4. Ferry Service to SF from Richmond &/or $ 12,650, $ - Hercules/Rodeo 5. BART Access and/or Parking Improvements $ 25,330, $ 71,199 $ 33,771 $ 104, Bay Trail Gap Closure $ 1,510,000 $327,529 $138,728 $ 20,000 $ 1,108 - $ 487, San Pablo Dam Rd. Improvements in Downtown El Sobrante Year of STMP Disbursement $ 1,900, $ - 8. San Pablo Ave. Corridor $ 1,650,000 - $ 87, $ 87,000 Improvements 5.27% 9. N. Richmond Rd. $ 4,000, $ - Connection Project 0.00% 10. Hercules Transit Ctr. $ 1,650,000 $ 4, $300, $ 304, % 0.90% 14.71% 0.00% 0.00% 0.41% 32.28% 0.00% 11. Del Norte Area TOD Public Improvements $ 6,875, $ - $ 98,100,000 $3,220, % 8-9 June 28, 2016 Item XII.5: Page 24

25 TO: WCCTAC Board DATE: May 19, 2016 FR: RE: Leah Greenblat, Project Manager Subregional Transportation Mitigation Program (STMP) Cooperative Funding Agreements REQUESTED ACTION Authorize WCCTAC s Executive Director to execute cooperative funding agreements to expend Subregional Transportation Mitigation Program (STMP) funds for the following projects: City of Richmond s Intermodal Station, East Side Improvements Project City of Hercules Path to Transit Phase of the Regional Intermodal Transit Center BACKGROUND AND DISCUSSION At WCCTAC s March meeting, the Board, consistent with the approved project list in the adopted STMP ordinance, agreed to allocate STMP funds to three regionally-beneficial projects: Agency Project Board s Approved Funding Amount City of Richmond Intermodal Station, East Side Improvements Project $527,000 City of Hercules Path to Transit Phase of the Regional Intermodal $1,000,000 Transit Center City of El Cerrito Ohlone Greenway BART Station Area Access, Safety and Placemaking Improvements Project $300,000 In order to provide funding to these agencies, each agency needs to enter into a cooperative funding agreement with WCCTAC. WCCTAC s legal counsel has reviewed the attached agreements. Staff requests that the Board authorize the WCCTAC Executive Director to execute the attached cooperative funding agreements with the cities of Richmond and Hercules. At the request of the City of El Cerrito s staff, that city s agreement is scheduled for the Board s consideration at the June 24, 2016 meeting. Attachments: A. Cooperative Funding Agreement with the City of Richmond to fund its Intermodal Station, East Side Improvements Project. B. Cooperative Funding Agreement with the City of Hercules to fund its Path to Transit Phase of the Regional Intermodal Transit Center. June 28, 2016 Item XII.5: Page 25