SAN JOAQUIN REGIONAL RAIL COMMISSION This Agenda shall
Transcription
SAN JOAQUIN REGIONAL RAIL COMMISSION This Agenda shall
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 E. 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: http://www.acerail.com. AGENDA November 7, 2014 – 8:00 a.m. Robert J. Cabral Station South Hall Meeting Room 949 East Channel Street Stockton, CA 95202 Heritage House (Conference Call) County of Alameda 4501 Pleasanton Avenue Pleasanton, CA 94566 1 Call to Order, Pledge of Allegiance, Roll Call Chair Johnson Roll Call: Blalock, Haggerty, Bestolarides, Dresser, Ives, Miller, Vice-Chair Harris, 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 http://www.acerail.com/About/Board-of-Directors subject to staff’s ability to post the documents before the meeting. 33 Presentations and Recognitions 4 Consent Calendar 4.1 Minutes of October 3, 2014 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 Status Reports for the Three Major Capital Projects INFORMATION 4.7 4.8 Washington Update Approve a Resolution of the Board of Commissioners of the San Joaquin Regional Rail Commission Adopting the 2015 ACE Service Holidays INFORMATION ACTION 4 10 12 13 14 15 20 25 5 Approve a Resolution of the Board of Commissioners of the San Joaquin Regional Rail Commission Authorizing a Contract Change Order with Flintco Pacific, Inc. for Change Order #044 for the ACE Equipment Storage and Maintenance Facility, in the amount of -$4,542.69 (a credit), and Authorizing and Directing the Executive Director to Execute all Documents Related to the Project ACTION 27 6 Approve the San Joaquin Regional Rail Commission Employee Compensation Policy ACTION 34 7 Presentation on 2014 ACE Passenger Survey INFORMATION 37 8 Presentation on ACEforward Project Costs INFORMATION 38 9 Special Recognition of Outgoing Rail Commissioners: ACTION Stockton Councilwoman Kathy Miller San Joaquin Regional Rail Commissioner, 2013-2014 Manteca Councilman John Harris Founding ACE Authority Member 1997-2003 San Joaquin Regional Rail Commissioner, 2003-2014 San Joaquin Joint Powers Agency 2013-2014 Tracy Mayor Brent Ives Founding San Joaquin Regional Rail Commissioner, 19952014 Founding ACE Authority Member, 1997-2003 10 Commissioner Comments 11 Ex-Officio Comments 12 Executive Director Report 13 Adjournment 2 of 38 The next regular meeting is scheduled for: December 5, 2014 – 8:00 AM Robert J. Cabral Station 949 East Channel Street, Stockton, CA 3 of 38 SAN JOAQUIN REGIONAL RAIL COMMISSION November 7, 2014 Item 4.1 ACTION Minutes of October 3, 2014 The regular meeting of the San Joaquin Regional Rail Commission was held at 8:00 a.m., October 3, 2014 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 8:02 a.m. and led the audience in the Pledge of Allegiance. Chair Johnson reminded Boardmembers to speak close to the microphones to allow the Alameda representatives to hear the discussions. Commissioners Present: Blalock, Haggerty, Dresser, Ives , Miller, Vice-Chair Harris, Chair Johnson Commissioners Absent: Bestolarides, Ex-Officio Members Present: Nate Knodt (SJRTD) 2 Public Comments None 3 Presentations and Recognitions None 4 Consent Calendar All items listed immediately below will be acted upon as one vote unless specifically requested to be removed from the Consent Calendar by a member of the Commission, a member of staff, or a member of the public. 4.1 Minutes of September 5, 2014 ACTIONACTION 4 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 Project Status Reports for the Three Major Capital Projects INFORMATION 4.7 Washington Update INFORMATION Item 4.4 was pulled for discussion. Brian Schmidt, Director of Operations presented an updated ridership 4 of 38 chart with the month of September included. Mr. Schmidt advised the Board this is the first time ACE ridership has been over 100,000 per month during each of the first three months of the fiscal year. Mr. Schmidt noted this continues the double digit increases month over prior year’s month ACE has experienced over the past 24 months. M/S/C (Ives/Blalock) Approve the Consent Calendar. Passed and Adopted by the San Joaquin Regional Rail Commission on the 3rd day of October, 2014 by the following vote to wit: 5 AYES: 7 NOES: ABSTAIN: ABSENT: 0 0 1 Blalock, Haggerty, Dresser, Ives, Miller, Vice Chair Harris, Chair Johnson Bestolarides Initial ACEforward Ridership Forecasts INFORMATION Dan Leavitt, Manager of Regional Initiatives presented ACE ridership forecasts for Year 2020, based upon 6 frequencies and the extension to Modesto; and Year 2025, with 10 frequencies and a further extension to Merced. The ACE forecasts reflect weekend service in 2025 and new stations at Manteca, Ripon, Modesto, Turlock, Livingston/Atwater and Merced. Mr. Leavitt reported that with the extension of ACE to Modesto and increasing service to six daily round trip trains is estimated to increase ridership to 2.25 million riders in 2020. Extension of ACE to Merced, increasing service to ten daily round trip trains, and adding weekend service is forecast to increase ridership to between 4.45 and 5.86 million riders in 2025 depending on how the system is operated. Mr. Leavitt explained that the next steps for the ACEforward program include: Development of more information on capital and operating and maintenance cost, along with projected revenues and estimated greenhouse gas reductions Evaluation of the economic benefits of the project through a study being prepared by the Great Valley Center Conducting an ACE rail tour on Oct 30, 2014 with San Joaquin and Stanislaus county business leaders Member Ives noted that it would be a long journey between Merced and the Silicon Valley and he asked if it was assumed that all the trains would be going all the way to the Silicon Valley. He also asked if it was presumed that the passengers getting on in Merced would be continuing 5 of 38 to the Silicon Valley. Mr. Leavitt said that it was assumed that all the trains would continue to the Silicon Valley, but passengers would be destined for various markets along the route. Vice-Chair Harris asked if all the ridership information presented had been conveyed to Stanislaus and Merced County. Mr. Leavitt responded that as the information from the study is becoming available, presentations are being made to government agencies and business groups. Additionally, an ACE tour is scheduled on October 30, which will include a lot of business representatives from the two counties Vice Chair Harris asked how serious was Stanislaus County taking this information and noted that Supervisor Chiesa has been a real champion for the expansion. Mr. Leavitt responded that officials in Stanislaus County have indicated they are going to pursue a transportation sales tax measure in 2016 and will consider having the ACE extension be an important part of measure. Vice Chair Harris said he thought it was very important to have the business community supporting the extension of ACE. Executive Director Mortensen said that they had been sharing information with the business community for some time, but what they needed to cultivate was the enthusiasm for the project. She noted that getting people on ACE like they did with the July 3 tour was important to show them what they would be investing in is critical. She said we can’t just show them numbers, they really need to ride the train. She said she thought that the 49er trains have really helped to show the benefit of ACE to the community beyond just to commuters. She said that she was surprised by the very high numbers forecast for weekend service. Member Ives said that Stanislaus needed to have some enthusiasm and champions for this within their county. Member Ives asked is the sales tax measure a point of failure for the expansion program. Ms. Mortensen said that there are pieces of it that could continue without the measure. She noted that adding trains on the existing ACE route is very positive for ridership. She said that there is a big gain for connecting with high-speed rail but the system itself growing on the existing alignment would still produce strong ridership numbers. Mr. Leavitt said that they would be doing a number of additional forecasts and noted that one forecast they should do is look at what if the extension stopped at Ripon? If the sales tax in Stanislaus did not pass, perhaps they could still implement the extension to Ripon. Mr. Leavitt said the forecasts are showing strong ridership and both Downtown Manteca and Ripon. He said that if the service terminated at Ripon, then Ripon would be pulling in some of that big Modesto market. Member Ives said he agreed with Vice Chair Harris that the business community of Stanislaus really needed to come behind the extension to Stanislaus and include ACE in their measure if they want ACE. Mr. Leavitt added that the Oct 30 ACE tour was being done mostly because the business leadership from Stanislaus County requested the trip. He said they also requested a lot of information that would be presented to them on as part of the trip. He said that they wanted to take the trip in part to help them get enthusiastic. On the trip in July the head of the 6 of 38 Modesto Chamber was rallying the other participants at the end of the tour about how they need to support ACE to Stanislaus. Chair Johnson agreed with Member Ives comments and asked if it would be beneficial to report back to the SJRRC Board in regards to how things are going with the interest in Stanislaus in the ACEforward program? Member Miller said it was amazing to her that Stanislaus could not see all the benefits that ACE could bring to their communities and how it could help them get a sales tax passed. She said that they can look and see how much Measure K has done for San Joaquin County. She said that they really need to develop their own champions and approach it like a campaign. Member Miller said they need to start it now to be successful in 2016 and they have good models all around them and lots of people in the other counties that would help them provide expertise. 6 Commissioner Comments Vice Chair Harris had three comments; first regarding the 49er ACE train to Levi Stadium. A long time friend of his, John Pelligrino, is a season ticket holder with the 49ers and he signed up to ride all 10 ACE 49er trains. After the second trip Vice Chair Harris asked Mr. Pelligrino about his experience and he described the train in one word as superb. He is really impressed. Mr. Pelligrino had suggestions and questions. What happens if a game goes in to overtime. Mr. Schmidt explained the ACE train is scheduled to leave 1 hour after anticipated end of scheduled game time. The tracks are on the Union Pacific so we have to stick to the schedule. We tried to schedule out far enough to accommodate overtime but can’t guarantee it. Vice Chair Harris stated that he found to be unbelievable that after a game it takes Mr. Pelligino 35 minutes to walk from his seat to the train. What happens if he does not get to the train on time is there a guarantee ride home? Mr. Schmidt noted that there is no guarantee ride home. Similar to a Giants game if it goes in to extra innings, the last Bart train leaves on schedule. Supervisor Haggerty commented that he does not see problem as an NFL game overtime should not go more than an hour – OT would only be 15 minutes. Commissioner Blalock stated we have it covered and Supervisor Haggerty agreed. Chair Johnson stated unfortunately we’ll find out if it ever comes to that if it’s a go or no go. Mr. Pellegrino appreciated seeing staff on the return trip ask for tickets. The second is a request from some months ago when Vice Chair Harris asked staff to provide Commissioner’s a copy of SJRRC’s bylaws. It is imperative current and new commissions receive a copy of the bylaws. Ms. Mortensen noted bylaws were distributed to the current boardmembers and she will ensure new members get them as well. She noted staff is still talking with the Bay Area partners about rotating 7 of 38 meetings and will suggest revisions to the bylaws when there is consensus. Vice Chair Harris also noted the bylaws state there will be an election of officers every year, but the terms have sometimes going beyond the one-year. Vice Chair Harris noted he asked Steve Dial, SJCOG, for a recommendation of the month that would be best for the election of officers, since the November elections often affect the membership of the Board. Mr. Dial told him, that given the process for SJCOG to approve appointments to the Rail Commission, February is probably the best month. Vice Chair Harris requested that the election of officers be memorialized to occur in February. Supervisor Haggerty stated he also received positive feedback on the 49er train. The passenger could not say enough good things about ACE. He went on to say there is one thing that is confusing when coming out of the game. There is a small chance one may accidentally get on Amtrak instead of ACE, which he did. Supervisor Haggerty commented if there is a way to improve signage to distinguish between Amtrak and ACE, it would simplify things for the riders. Commissioner Ives asked follow-up question of Dan Leavitt and Brent Ogden in regard to Item 5 stating the plan for 2025 does force us to go back and negotiate trackage rights with one or two services to get to Merced. Mr. Levitt replied UP. Commissioner Ives asked if within that time frame is there any thought given to or need for procurement of track that we own. Mr. Levitt explained that there are relatively small portions predominantly in UP right of way, a tunnel passage concept, and extension between Manteca to Merced. Commissioner Ives stated that while it is not planned that we would have our own right of way it could happen if UP would sell or if funding became available for our own right of way. 7 Ex-Officio Comments Nate Knodt (SJRTD) provided the Commission with an update on SJRTD’s ridership and upcoming October 31 Fall Festival event. 8 Executive Director Report Ms. Mortensen reported that a new federal rail authorization bill just came out through Congressman Denham’s rail related committee. It is generally an Amtrak funding bill but it has some components that could cause problems for the San Joaquin’s. Staff will make some recommendations to better protect California in general and the San Joaquin’s Corridor and will sit down with Congressman Denham’s office and other legislators. Ms. Mortensen thanked Supervisor Haggerty for his assistance and guidance with BAAQMD shuttle funding which is critical to the ACE service. 8 of 38 9 Closed Session: Item 1: CONFERENCE WITH LABOR NEGOTIATORS Agency representative: Stacey Mortensen and Chairman Johnson Unrepresented Employee: All Employees except the Executive Director Item 2: CONFERENCE WITH LABOR NEGOTIATORS Agency representative: Chairman Johnson Unrepresented Employee: The Executive Director 10 11 ACTION DISCUSSION/ ACTION Resolution of the Board of Commissioners of the San Joaquin Rail Commission Adopting a Compensation Policy Tom Shephard, Counsel for the Rail Commission reported that the Board discussed the proposed Policy and deferred action until the November meeting to allow for some modifications to the language. Discussion and Potential Amendment of the Employment Agreement With the Executive Director Counsel reported that the Board discussed the Executive Director’s salary and benefits and came to a recommendation. M/S/C ( Ives/Harris) to approve an 18 percent salary increase and an increase in the car allowance to $500/month for the Executive Director. Passed and Adopted by the San Joaquin Regional Rail Commission on the 3rd day of October, 2014 by the following vote to wit: 12 AYES: 7 NOES: ABSTAIN: ABSENT: 0 0 1 Blalock, Haggerty, Dresser, Ives, Miller, Vice Chair Harris, Chair Johnson Bestolarides Adjournment – The meeting was adjourned at 8:50am The next regular meeting is scheduled for: December 5, 2014 – 8:00 am Robert J. Cabral Station 949 E. Channel Street, Stockton CA 9 of 38 25% Item 4.2 San Joaquin Regional Rail Commission Altamont Corridor Express Operating Expense Report SEPTEMBER 2014 25% of Budget Year Elapsed OPERATING EXPENSES SJRRC FY 14-15 ALLOCATION EXPENSE TO DATE % SPENT TO DATE ACE FY 14-15 ALLOCATION EXPENSE TO DATE % SPENT TO DATE 1,104,912 176,699 16% 4,068,327 799,589 20% 396,829 63,444 16% 1,501,741 240,142 16% 13,550,458 1,335,148 18,953,933 2,986,238 275,181 4,061,008 22% 21% 21% Project Management, Services and Supplies Project Management, Services & Supplies Subtotal Contracted Services Subtotal Shuttle Services TOTAL OPERATING EXPENSES CAPITAL PROJECTS 1 Cabral Track Extension Phases 1-3 2 Bond Repayment 3 Altamont Corridor Rail Project HSR/Regional Rail EIR/EIS 4 UPRR Capital Access Fee 5 UPRR Fencing 6 Cabral Station "Park & Ride" - Station Area Development 7 Preventative Maintenance (Spare Parts) 8 SJCOG Loan Repayment 9 eTicketing 10 ACE Maintenance & Layover Facility 11 Security Cameras 12 ACE Café Cars TOTAL CAPITAL PROJECTS ALLOCATION 18,435,907 3,035,513 900,000 6,485,032 1,167,148 1,078,460 1,010,043 1,916,480 2,670,007 449,437 46,965 2,603,934 39,798,926 EXPENSE TO DATE % TO DATE 216,692 1,142,756 1,706 3,242,516 1,916,480 6,676 427,764 11,079 726,471 7,692,142 1% 38% 0% 50% 0% 0% 0% 100% 0% 95% 24% 28% 19% 10 of 38 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 Repayment - The bond bi-annual payments are scheduled for October 15, 2014 and April 15, 2015. 3 Altamont Corridor Rail Project HSR/Regional Rail EIR/EIS - Project is currently ongoing and pending invoices from CHSRA. 4 UPRR Capital Access Fee - The 1st of 2 Payments to Union Pacific has been processed. 5 UPRR Fencing - Contract signed by SJRRC Board and pending signature from UPRR. 6 Cabral Station "Park & Ride" - Station Area Development - Developmental stage - no expenditures incurred to date. 7 Preventative Maintenance (Spare Parts) - No expenses incurred. 8 SJCOG Loan Repayment - Payment made on July 1st, 2014 9 eTicketing - Project is currently ongoing. 10 ACE Maintenance & Layover Facility - The project manager and contractor are going thru the punchlist and acceptance of project is scheduled for this fiscal year. Testing and Commissioning of the Trainwash Equipment, Fluid Distribution system, and Fueling System are the critical items that remain to be completed. 11 Security Cameras - The Contractor has completed testing all of the devices installed throughout the system. This task was required to ensure full functionality of the system. Testing is complete and the results are under review by the Engineer of Record. 12 ACE Café Cars - Project in the final stage and expected to be completed this fiscal year. 11 of 38 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 Jul-14 Aug-14 Sep-14 Oct-14 Nov-14 Dec-14 Jan-15 Feb-15 Mar-15 Apr-15 May-15 Jun-15 FY TOTAL FY 14-15 Fare Revenue 622,997 656,896 745,735 - - - - - - - - - 2,025,628 FY 13-14 Fare Revenue 508,974 595,613 625,573 613,910 482,134 454,048 613,168 589,549 561,687 668,813 603,438 567,856 6,884,763 % of Budget Year Elapsed: 25% FY 14-15 % of Budgeted Fare Revenue Received to Date: 28.9% Projected Annual Fare Revenue: $7,000,000 12 of 38 ACE DAILY AVERAGE RIDERSHIP 6000 5000 4000 3000 2000 1000 0 13 of 38 Item 4.4 Sep-13 Oct-13 Nov-13 Dec-13 Jan-14 Feb-14 Mar-14 Apr-14 May-14 Jun-14 Jul-14 Aug-14 Sep-14 DAILY AVERAGE 4426 4454 4373 3482 4282 4428 4581 4561 4998 4689 4578 4851 5082 MONTHLY RIDERSHIP 88,519 102,439 83,088 73,119 94,193 88,564 96,192 100,336 104,955 98,460 100,718 101,881 106,719 % CHANGE 32% 11% 4% 18% 15% 18% 19% 19% 10% 21% 20% 11% 21% ACE On Time Performance 100 90 80 OTP % 70 60 50 40 30 20 10 0 Sep-13 92.5 91.30 Oct-13 96.74 91.89 Nov-13 Dec-13 Jan-14 89.4 94.38 94.8 91.69 91.90 94.8 Feb-14 Mar-14 87.34 94.05 91.24 92.18 Apr-14 May-14 Jun-14 97.73 92.81 95.83 93.63 93.47 93.86 Jul-14 91.48 93.51 Aug-14 Sep-14 94.01 91.67 93.57 93.36 14 of 38 Item 4.5 YTD OTP % Monthly OTP % SAN JOAQUIN REGIONAL RAIL COMMISSION November 7, 2014 STAFF REPORT Item 4.6 INFORMATION Project Status Reports for the Three Major Capital Projects Background Status report on major ACE Capital Projects including Project Support Costs. I. Video Surveillance System Installation – Construction 99% complete Pennino Design Group – Construction Management & Project Management Contract Amount: $288,174.37 Invoiced to Date: $275,600.00 Percentage Paid: 95.63% II. ACE Equipment Storage and Maintenance Facility – Construction 99% complete Hatch Mott MacDonald – Construction Management Contract Amount: $6,129,584.00 Invoiced To Date: $6,109,354.07 Percentage Paid: 99.67% Pennino Design Group – Project Management Contract Amount: $1,034,834.43 Invoiced to Date: $981,424.32 Percentage Paid: 94.84% STV Incorporated – Design Support Services During Construction Contract Amount: $1,425,682.00 Invoiced To Date: $1,422,062.28 Percentage Paid: 99.75% III. Track Extension Phase 1 – Construction 50% Complete Pennino Design Group – Project Management** Contract Amount: $494,449.20 Invoiced to Date: $300,162.78 Percentage Paid: 60.71% **The Amount paid to date is for Project Management only. As part of the existing contract future track extension work includes Construction Management services 15 of 38 The Construction Management and Project Management expenditures for the major ACE Capital Projects are within an acceptable range as compared to construction percent complete. Fiscal Impact None. Recommendation None. 16 of 38 November 7, 2014 San Joaquin Regional Rail Commission ACE Surveillance Camera Installation SJRRC Contract Approval: Notice to Proceed issued: Current Completion Date: Project Duration: Days Elapsed: Original Contract Amount: Executed Change Orders: Revised Contract Amount: Pay Requests to Date: Remaining Contract Value: July 8, 2011 August 15, 2011 August 16, 2012 – Contractual 367 Calendar Days 1181 Calendar Days $2,297,507.00 ($124,309.08) $2,173,197.92 $2,173,197.92 $0.00 Construction Progress Final punchlist corrections are underway and the system is in full use by Staff. Cameras at the Rail Maintenance Facility have also been linked into the system, making them viewable from the Operations Center at the Cabral Station as well as the mobile application. Ten (10) Potential Change Order’s (PCO’s) has been processed into three (3) change orders executed under the authority of Executive Director. No other PCO’s are being tracked. To date thirty-six (36) requests for Information (RFI) have been submitted on the project. Of those thirty-six (36), none remain open. Also, forty-six (46) Submittals have been submitted, two (2) remain open. Unforeseen Conditions None to date. Forecasted Construction Activities None, Recordation of the Notice of Completion. 1 17 of 38 November 7, 2014 San Joaquin Regional Rail Commission ACE Equipment Storage and Maintenance Facility SJRRC Contract Approval: Notice to Proceed issued: Current Completion Date: Project Duration: Days elapsed: Original Contract Amount: Executed Change Orders: Revised Contract Amount: Pay Requests to date: Remaining Contract Value: July 8, 2011 August 15, 2011 March 5, 2014 - Contractual 934 Calendar Days 1181 Calendar Days $ 57,125,000.00 $ 6,507,042.97 $ 63,632,042.97 $ 63,561,826.28 $ 70,276.69 Construction Progress Notice of Completion was recorded on September 3rd, 2014. This marks another major milestone on the Project. All systems are installed and have been tested. There are a few minor issues that the team is working through, but Herzog is scheduled to begin operating service from this site in November. Train Wash Equipment is complete and final testing occurred the first week in November. Final processing of change orders, final payments applications and other paperwork are underway, this will allow the project to be formally “closed-out.” Two hundred and forty (240) Potential Change Orders (PCO’s) have been processed into forty-three (43) change orders, twenty-eight (28) executed under the authority of Executive Director and fifteen (15) by the Board. An additional four (4) PCO’s are being tracked, two (2) are on the current Board Agenda and two (2) are proposed back-charges for SJRRC incurred costs. To date, six hundred and fifty-seven (657) Requests for Information’s (RFI’s) have been submitted on the project. Of those six hundred and fifty-seven (657), none remain open. Also, four-hundred and fifty-five (455) Submittals have been submitted, fifteen (15) remain open, mostly Operations and Maintenance Manuals. Critical Activities None. Forecasted Construction Activities None. 1 18 of 38 November 7, 2014 San Joaquin Regional Rail Commission Track Extension Phase 1 SJRRC Contract Approval: Notice to Proceed issued: Current Completion Date: Project Duration: Days elapsed: Original Contract Amount: Executed Change Orders: Revised Contract Amount: Pay Requests to date: Remaining Contract Value: March 1, 2013 July 9, 2013 Contingent on UPRR Construction 365 Calendar Days 487 Calendar Days (contract extension will be issued) $ 718,500.00 $ 179,345.99 $ 897,845.99 $ 561,648.24 $ 336,197.75 Construction Progress At this point, no work can progress on this project until UPRR relocates the signal equipment and installs the mainline switches. UPRR continues to maintain that signal construction will begin in October of 2014 but full time work has not begun. This has significantly delayed the project. Seven (7) Potential Change Orders (PCO) has been processed into three (3) Contract Change Orders, one (1) executed under the authority of the Executive Director and two (2) executed under the authority of the Board. No other PCO’s are being tracked. To date, thirteen (13) Requests for Information (RFI’s) have been submitted, none are under review. Also, twenty (20) submittals have been received and one (1) remains open. Unforeseen Construction Conditions No additional unforeseen conditions at this time. Forecasted Construction Activities Due to the UPRR construction schedule the project must be put on hold until the mainline switches can be installed by UPRR. ‐1‐ 19 of 38 101 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 - October 2014 *Note: Since Congress has adjourned for the fall recess and remains focused on the upcoming elections, committee work and progress on legislative matters has essentially been non-existent.* SJRRC and MHGS Items 10/14 phone call: discussed the TIGER application and PRRIA issues and outlook 10/28 phone call: discussed the TIGER process and a strategy for next year, as well as the legislative outlook for the lame duck session. MHGS continues to gather intelligence and do outreach regarding the outlook for PRRIA. FY15 Congressional Appropriations and Budget Process Before adjourning for the 2014 mid-term elections, Congress passed a Continuing Resolution to fund all agencies at FY2014 levels through December 11, 2014. The FY15 THUD Appropriations bill (and the other 11 appropriations bills) will need to be addressed between Congress coming back in session on November 13th and December 11th to avoid a gap in funding/government shutdown. The FY15 Senate THUD bill provides for $54.4B in spending for the Transportation and Housing and Urban Development Departments. This includes $550M for TIGER grants, and $1.39B for Amtrak. On June 19th, Senate Majority Leader Harry Reid was forced to pull a “mini-bus” appropriations package from the floor. The bill included Transportation/Housing and Urban Development; Agriculture; and Commerce/Justice/Science. o This represents a major setback in trying to get the regular appropriations back on track. o The reason that it was pulled from the floor was because there was an impasse over the vote threshold for amendments. Republicans objected to a 60-vote threshold for passage. The FY15 House THUD Bill passed the House on a near party line vote of 229-192. Democrats objected to cuts in rail and transit spending. o Rep. Denham offered an amendment to cut off funding for High Speed Rail in California, and it passed 227-186. Democrats are hoping to strip out this provision if the bill gets to Conference. o Overall, the bill provides for $52B in spending for the Transportation and Housing and Urban Development Departments. It includes a $200M cut to Amtrak’s capital grants, and also a $500M cut to TIGER. However, this year is the first time the House Committee has included any funding at all for TIGER. {5192082:3} 20 of 38 101 Constitution Avenue NW Suite 600 East Washington, DC 20001 P 202.559.2600 F 202.559.2601 www.mhgsdc.com The budget agreement signed into law late last year provided a top-line spending level for both FY14 and FY15, therefore eliminating the legislative need for a budget resolution. However, House Budget Committee Chairman Paul Ryan drafted a FY 2015 budget resolution. On April 10th, the House agreed (219-205) to his budget proposal which would balance the budget by FY 2024 by cutting spending by roughly $5 trillion. The Ryan budget proposes to achieve a $5 billion surplus over the next 10 years by reducing spending by $5.1 trillion — including by repealing the 2010 Affordable Care Act and reducing spending on Medicare, Medicaid and other health programs – and counting stronger economic growth. The proposal lacks the force of law and is sure to be ignored by the Senate, where Budget Chair Patty Murray is not writing a FY 2015 budget resolution. For future years, the Ryan plan would generally assume that discretionary defense spending will no longer be subject to sequestration and would more than offset those increases by cuts to nondefense programs — thereby raising defense spending by $483 billion over 10 years and cutting nondefense spending by $791 billion below sequestration levels. Passenger Rail Bill Last month, the House Transportation and Infrastructure Committee introduced H.R. 5449, the Passenger Rail Reform and Investment Act (PRRIA). This bill was then marked up and passed out of committee on September 17th. MHGS provided legislative text, background memos and a mark up memo on this bill in separate documents. Now that both Chambers have recessed for the 2014 mid-term elections, there will not be legislative action on the bill until mid-November (at the earliest). However, MHGS believes that action will most likely not occur until next Congress. Because a draft bill has not been introduced in the Senate, moving this bill through the legislative process and getting it signed into law during this Congress is challenging given the lack of legislative days left in this calendar year. Rail Safety and Improvement Act On September 10th, Senators Blumenthal and Schumer introduced the Rail Safety and Improvement Act, S. 2784. The bill was referred to the Senate Commerce, Science and Transportation Committee. Senators Schumer, Gillibrand and Murphy are co-sponsors. MHGS provided legislative text, a memo, and other background materials in separate documents. Surface Transportation Board Reauthorization Bill On September 8th, Senators Rockefeller and Thune introduced a Surface Transportation Reauthorization Bill, S. 2777. {5192082:3} 21 of 38 101 Constitution Avenue NW Suite 600 East Washington, DC 20001 P 202.559.2600 F 202.559.2601 www.mhgsdc.com The bill was marked up by the Commerce Committee on September 17th. It was reported out of committee by a voice vote. MHGS provided legislative text, background information and a mark up memo in separate documents. Now that both Chambers have recessed for the 2014 mid-term elections, there will not be legislative action on the bill until mid-November (at the earliest). Because a draft bill has not been introduced in the House, moving this bill through the legislative process and getting it signed into law during this Congress is challenging given the lack of legislative days left in this calendar year. MAP-21/Surface Transportation On July 31st, the Senate cleared the House’s $10.8B bill by a 81-13 vote. A group of Senators, led by Sen. Boxer (D-CA), were pushing for the Senate to reject the House’s bill and instead pass a patch that only went until the lame-duck session in November. Ultimately, Senators “blinked” at the proposition of highway projects grinding to a halt, so they relented and passed the House version. On July 15th, the House passed their version of the HTF patch. The House’s bill, H.R. 5021, passed by a wide margin (367-55). 186 Democrats and 181 Republicans voted in favor. 45 Republicans and 10 Democrats were opposed. The bill will keep the HTF solvent through May 31, 2015. It primarily does so by transferring money from the General Fund of the Treasury Department. The General Fund transfer comes from two sources: pension smoothing and customs user fees. The legislation also transfers money from the Leaking Underground Storage Tank (LUST) fund. Tax extenders/Tax Reform It is possible that a tax extender package will move through Congress during the lame duck session. Senate Finance Committee Chairman Ron Wyden shifted focus from tax reform to tax extenders upon taking the gavel. Wyden cited the busy political year which culminates in mid-term elections as the reason he was focused on tax extenders rather than reform. In early April the Senate Finance Committee advanced legislation (by voice vote) to renew for two years a series of expired tax breaks, including credits for research and exploration, mortgage interest and debt relief, and public transit and parking. The bill extends nearly all of the 55 tax breaks that expired at the end of 2013 and would cost an estimated $85 billion over 10 years. Specific to rail, the Senate bill includes credit for railroad track maintenance. It extends for two years, through 2015, the railroad maintenance credit that provides Class II and Class III railroads (generally, short-line and regional railroads) with a tax credit equal to 50 percent of gross expenditures for maintaining railroad tracks that they own or lease. A two year extension of this provision is estimated to cost $414 million over 10 years. {5192082:3} 22 of 38 101 Constitution Avenue NW Suite 600 East Washington, DC 20001 P 202.559.2600 F 202.559.2601 www.mhgsdc.com With regard to transit, the Senate bill includes parity for employer-provided mass transit and parking benefits. The bill extends through 2015 the increase in the monthly exclusion for employer-provided transit and vanpool benefits from $130 to $250, so that it would be the same as the exclusion for employer-provided parking benefits. In order for the extension to be effective retroactive to January 1, 2014, employers may reimburse expenses incurred prior to enactment by employees for vanpool and transit benefits on a tax-free basis to the extent the expenses exceed $130 per month and are not more than $250. A two year extension of this provision is estimated to cost $180 million over 10 years. However, the bill has been unable to move past the Senate floor because there is currently an impasse over whether or not Republicans will offer an amendment targeting the medical device tax under the new health care law. Democrats say that they are willing to consider Republican amendments, but not ones regarding the Affordable Care Act. The Senate Finance Committee also held a number of hearings on comprehensive tax reform. Last month, they hosted a hearing on the international section of the tax code, and in June they held a hearing focused on the role of the tax code in student debt. House Ways and Means Chairman Dave Camp has held individual markups on various expired tax breaks to make them permanent. He is going “policy by policy” through the expired tax provisions to see which should be made permanent. This is a departure from the usual practice of wrapping the tax extenders into a single package, a practice that allows members to maintain some distance from isolated provisions while ensuring that lawmakers who want any of the special tax breaks must vote for all of them. Chairman Camp’s push to make the extenders permanent is not being met with support among Democrats. They argue that it would mean less revenue for the federal government and places them at a disadvantage in future negotiations on federal spending. The Ways and Means Committee started marking up individual extender bills (14 in total), and the full House has already begun passing them. In July, the House considered bills that would: permanently provide inflation adjustments to the child tax credit and raise the phase-out threshold for married couples, and permanently extend certain education credits. This is a shift in focus toward families, students, and middle-class issues and away from more business related provisions. Also in July, the House passed bills that would make five charitable tax deductions permanent, as well as a permanent extension of an accelerated write-write off of business equipment and other asset purchases. In June the House passed three extender provisions. The first was a bill by Rep. Tiberi “America’s Small Business Tax Relief Act”, it dealt with allowing small businesses to expense certain depreciable assets. The other two provisions were a bill by Rep. Reichert, the “S Corporation Permanent Tax Relief Act”. As the name {5192082:3} 23 of 38 101 Constitution Avenue NW Suite 600 East Washington, DC 20001 P 202.559.2600 F 202.559.2601 www.mhgsdc.com suggests, the bill dealt with S-corporation recovery for built-in gains and Scorporation charitable contributions of property. In February, Camp released draft comprehensive tax reform legislation. The bill would impose a 10% surtax on municipal bond interest for the wealthy and repeal the tax exemption for qualified private-activity bonds and advance refunding bonds issued after 2014, among other things. Altamont Corridor Rail Improvement Act of 2014 (H.R. 4477) On April 10, 2014, Congressman McNerney introduced the Altamont Corridor Rail Improvement Act of 2014. The bill was referred to the House T&I Committee. There are no co-sponsors at this time. The legislation authorizes the Secretary of Transportation to make allocations for capital investment grants for FY2015-FY2024 for any remaining preliminary engineering and final design and construction of the Altamont Corridor Rail Project. It also allows for the use of any alternative analysis or environmental impact report relating the project to satisfy Federal Railroad Administration capital assistance requirements for new fixed guideway capital projects. As written, this legislation would seem to violate the Congressional earmark ban. Therefore, it is unlikely to move through Committee or the House floor this year. However, this bill introduction further solidifies Congressman McNerney as a champion of the project. And if Congress changes the rules surrounding the earmark ban, having this bill filed and ready for congressional action is positive for the project. MHGS recommends that SJRRC continue to support Congressman McNerney’s efforts on this legislation. Short Line Tax Credit Congresswoman Lynn Jenkins (R-KS) and Congressmen Earl Blumenauer (D-OR), Rodney Davis (R-IL), and Dan Lipinski (D-IL), and Senators John Rockefeller (DWV), Mike Crapo (R-ID), Ron Wyden (D-OR) and Jerry Moran (R-KS) have introduced legislation to extend the Section 45G short line railroad tax credit. The bill is currently before the House Ways and Means Committee and the Senate Finance Committee. The House bill (H.R. 721) has 250 co-sponsors and the Senate bill (S. 411) has 51 cosponsors. This legislation (or similar legislation) is likely to be wrapped into a more comprehensive legislative package (such as a tax extenders package). {5192082:3} 24 of 38 SAN JOAQUIN REGIONAL RAIL COMMISSION November 7, 2014 STAFF REPORT Item 4.8 ACTION Approve a Resolution of the Board of Commissioners of the San Joaquin Regional Rail Commission Adopting the 2015 ACE Service Holidays The proposed 2015 ACE Service Holidays: Memorial Day Independence Day Labor Day Thanksgiving Day after Thanksgiving Christmas Day New Year’s Day Monday, May 25, 2015 Friday, July 3, 2015 Monday, September 7, 2015 Thursday, November 26, 2015 Friday, November 27, 2015 Friday, December 25, 2015 Friday, January, 1, 2016 ACE service will not operate on the Days listed above. In addition, due to the low historical ridership on the following days a modified service to accommodate travel will be evaluated; Martin Luther King Day Presidents Day, Monday Good Friday Veteran’s Day Day before Thanksgiving Day before Christmas Day Day before New Year’s Day Monday, January 19, 2015 Monday, February 16, 2015 Friday, April 3, 2015 Wednesday, November 11, 2015 Wednesday, November 25, 2015 Thursday, December 24, 2015 Thursday December 31, 2015 Recommendation: Approve a Resolution of the Board of Commissioners of the San Joaquin Regional Rail Commission Adopting the 2015 ACE Service Holidays. 25 of 38 RESOLUTION SJRRC-R-14/15RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SAN JOAQUIN REGIONAL RAIL COMMISSION ADOPTING THE ACE SERVICE HOLIDAYS FOR 2015 WHEREAS, the San Joaquin Regional Rail Commission, as the policy-making body of the ACE Service, has the responsibility for adopting the ACE Service Holidays; NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners for the San Joaquin Regional Rail Commission adopts the following ACE Service Holidays for 2015 and potential service modification dates: Memorial Day Independence Day Labor Day Thanksgiving Day after Thanksgiving Christmas Day New Year’s Day Monday, May 25, 2015 Friday, July 3, 2015 Monday, September 7, 2015 Thursday, November 26, 2015 Friday, November 27, 2015 Friday, December 25, 2015 Friday, January, 1, 2016 ACE service will not operate on the public holidays listed above. In addition, due to the low historical ridership on the following days a modified service to accommodate travel will be evaluated; Martin Luther King Day Presidents Day, Monday Good Friday Veteran’s Day Day before Thanksgiving Day before Christmas Day Day before New Year’s Day Monday, January 19, 2015 Monday, February 16, 2015 Friday, April 3, 2015 Wednesday, November 11, 2015 Wednesday, November 25, 2015 Thursday, December 24, 2015 Thursday December 31, 2015 PASSED AND ADOPTED, by the Board of Commissioners this 7th day of November, 2014 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: THE SAN JOAQUIN REGIONAL RAIL COMMISSION ______________________________ STACEY MORTENSEN, Secretary ________________________________ BOB JOHNSON, Chair 26 of 38 SAN JOAQUIN REGIONAL RAIL COMMISSION November 7, 2014 STAFF REPORT Item 5 ACTION Approve a Resolution of the Board of Commissioners of the San Joaquin Regional Rail Commission Authorizing a Contract Change Order with Flintco Pacific, Inc. for Change Order #044 for the ACE Equipment Storage and Maintenance Facility, in the amount of -$4,542.69 (a credit), and Authorizing and Directing the Executive Director to Execute all Documents Related to the Project. Background: Bulletins Changes to Contract 11-R-28-01, affecting Flintco Pacific’s (Flintco) scope of work issued after the Bid Award are defined as a “Bulletin.” Bulletins, generated by the Designer of Record STV Inc. (STV), identify revisions to the contractual drawings and specifications showing new work scope and drawing changes affecting the Contractor’s project costs as either an addition or deduction to the total contract dollar amount. Field Instructions During construction, HMM has issued FI’s directing Flintco to provide proposals for certain revisions to the Contract Documents. These revisions may be time sensitive, not allowing clarification of these items to wait for the issuance of the next Bulletin. Change Order Request (COR) Flintco is entitled by the Contract Documents to submit a Change Order Request when it feels additional scope of work is required beyond the contract documents. These requests are generally unsolicited and may or may not be valid. SJRRC Staff, PDG, and HMM evaluate each COR to verify its validity. Reason for Change: Potential Change Order (PCO) #303/Change Order Request (COR) #373R1 Executed Contract Change Order (CCO) #039/PCO 193/COR 210R2, reimbursed the contractor for the detention basin and fore bay repairs due to the significant amount of rainfall severely undermining the erosion of the newly hydro-seeded slope at the detention basin. The work required to fix the detention basin was not included in CCO 39 during the execution of the CCO, both Flintco and SJRRC were investigating an alternative hydro-seed material for the fore bay. In response to Request For Information (RFI) #499, environmental consultant Condor Earth Technologies (Condor), suggested hydro-seeding be installed on the slopes to promote a permanent vegetative growth on the currently un-developed areas. 27 of 38 Based on Condor’s recommendation and in response to RFI #499, Flintco repaired and re-graded the eroded surface on the Northeast, Northwest and Southwest areas including portions of the south end ridge, by filling the in the eroded crevices and placing Native Mow Free Fescue hydro-seeding at the detention basin. PCO #361/COR #382, 383, 384, 385 & 386 The Contract included Allowance items, the table below list the unused balance for the Roadway Worker Protection Training, Unforeseen Conditions Civil, and executed CCO’s Orders 017, 027, and 041. SOV Item 020 030 C000170 C000270 C000420 Description Allowance 1 Roadway Worker Protection Training Allowance 2 Unforeseen Conditions: Civil CCO 17-Bulletin #5 and Other Changes CCO 27 Marshall Property Mobilization/Unforeseen CCO 41 Addt’l Welds UPRR SW#11 & ACE SW. #8 Original Amount $50,000.00 Used $43,580.00 Unused ($6,420.00) $30,000.00 $307,630.00 $307,271.00 $29,336.00 $307,630.00 $298,522.31 ($664.00) ($612.00) ($8,748.69) ($2,104.00) ($2,104.00) ($2,179.00) Total ($18,623.69) Scope of Work: PCO #303/COR #373R1 $14,081.00 Contractor shall complete repairs, regarding and placement of Native Mow Free Fescue Hydroseeding at the detention basin per response to RFI #499. PCO #361/COR #382, 383, 384, 385 & 386 ($18,623.69) Provide credits for unused portions of allowance line items from the base contract and executed CCO’s as follows: SOV Item 020 030 C000170 C000270 C000420 Total Description Allowance 1 Roadway Worker Protection Training Allowance 2 Unforeseen Conditions: Civil CCO 17-Bulletin #5 and Other Changes CCO 27 Marshall Property Mobilization/Unforeseen CCO 41 Addt’l Welds UPRR SW#11 & ACE SW. #8 Original Amount $50,000.00 Used $43,580.00 Unused ($6,420.00) $30,000.00 $307,630.00 $307,271.00 $29,336.00 $307,630.00 $298,522.31 ($664.00) ($612.00) ($8,748.69) ($2,104.00) ($2,104.00) ($2,179.00) ($18,623.69) Fiscal Impact: The cost impact for Contract Change Order #044 shall be considered a lump sum amount with no additional time extension to the revised Contract End Date of March 5, 2014. HMM/SJRRC conducted a Cost/Price analysis of Flintco’s Change Order Request of and deemed them to be fair and reasonable. Funding for the project is included in the Approved Amended SJRRC/ACE 2014/2015 fiscal year Capital Budget in the ACE Equipment Maintenance and Storage Facility line 28 of 38 item. While the identified contingency has been expended, Staff has verified that funds are available within the grant funding in order to process this Contract Change Order. Recommendation Approve a Resolution of the Board of Commissioners of the San Joaquin Regional Rail Commission Authorizing a Contract Change Order with Flintco Pacific, Inc. for Change Order #044 for the ACE Equipment Storage and Maintenance Facility, in the amount of -$4,542.69, (a credit) and Authorizing and Directing the Executive Director to Execute all Documents Related to the Project. 29 of 38 RESOLUTION NO. SJRRC-R-14/15RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SAN JOAQUIN REGIONAL RAIL COMMISSION AUTHORIZING A CONTRACT CHANGE ORDER WITH FLINTCO PACIFIC, INC. FOR CHANGE ORDER #044 FOR THE ACE EQUIPMENT STORAGE AND MAINTENANCE FACILITY, IN THE AMOUNT OF $ 4,542.69 [A CREDIT] AND AUTHORIZING AND DIRECTING THE EXECUTIVE DIRECTOR TO EXECUTE ALL DOCUMENTS RELATED TO THE PROJECT WHEREAS, this Commission finds that the San Joaquin Regional Rail Commission (SJRRC) received Change Order Request (COR) #373R1, #382, #383 #384, #385, and #386 from Flintco Pacific, Inc. (Flintco) via Hatch Mott MacDonald (HMM), the Construction Manager; and WHEREAS, COR #373R1 requested additional compensation for repair of the severe erosion that occurred at the detention basin; and WHEREAS, COR #382 provide a credit for the unused portion of Allowance 1 – Roadway Worker Protection Training; and WHEREAS, COR #383 provide a credit for the unused portion of Allowance 2 – Unforeseen Conditions: Civil; and WHEREAS, COR’s #384, #385, and #386 provided credits for the unused portion of Allowances included in Contract Change Order (CCO) 17, 27 and 41; and WHEREAS, the negotiated Lump Sum price for this Contract Change Order is deemed fair and reasonable; NOW, THEREFORE, the Commission hereby resolves as follows: 1. A Contract Change Order (Change Order #044 – 11-R-28-45) shall be executed between the San Joaquin Regional Rail Commission and Flintco Pacific, Inc. in the amount of -$4,542.69 (a credit) 2. The Executive Director is authorized and directed to execute said agreement and any and all related documents. [Signatures appear on the following page] 30 of 38 PASSED AND ADOPTED, by the Board of Commissioners this 7th, day of November 2014, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: SAN JOAQUIN REGIONAL RAIL COMMISSION __________________________ STACEY MORTENSEN, Executive Director _____________________________ BOB JOHNSON Chairman 31 of 38 ACE Maintenance Facility - Contract Change Order Detail Report Sort By Cost Code Cost Code 01-01 21 01-TRACK Budget Description Roadway Worker Protection (RWP) training Approved Contracts Amount Contract Modification Number Contract Modification Amount $50,000.00 Change Order #44 ($6,420.00) Cost Code Change ($6,420.00) Change Order #44 ($664.00) Cost Code Change ($664.00) Change Order #44 ($2,446.50) Cost Code Change ($2,446.50) Change Order #44 ($5,817.19) Cost Code Change ($5,817.19) Change Order #44 $13,301.00 Cost Code Change $13,301.00 Change Order #44 ($2,063.00) Cost Code Change ($2,063.00) Change Order #44 ($575.00) Cost Code Change ($575.00) Cost Code Delta -12.84% 01-01 21 02-PSITE Unforeseen Conditions: Civil $30,000.00 Cost Code Delta -2.21% 01-01 21 04-PSITE Unforeseen Conditions: On-Site $40,000.00 Cost Code Delta -6.12% 01-01 47 01-PSITE Mobilization (max. 6% of bid) $2,472,888.00 Cost Code Delta -0.24% 32-32 90 00-SITEW Planting $150,315.00 Cost Code Delta 34-34 11 00-TRACK Rail Tracks 8.85% $1,669,991.00 Cost Code Delta -0.12% 41-41 64 16-MAINB Mobile Railcar Mover $340,814.00 Cost Code Delta -0.17% Abbreviations: OHP - Overhead and Profit Tuesday, October 28, 2014 12:23:55 PM Page 1 of 2 32 of 38 Cost Code 50-50 99 01-PSITE Budget Description Contractor Indirect Costs and OH&P Approved Contracts Amount Contract Modification Number Contract Modification Amount $2,550,000.00 Change Order #44 $142.00 Cost Code Change $142.00 Cost Code Delta 0.01% Total Change Order Abbreviations: OHP - Overhead and Profit ($4,542.69) Page 2 of 2 33 of 38 SAN JOAQUIN REGIONAL RAIL COMMISSION November 7, 2014 STAFF REPORT Item 6 ACTION Approve the San Joaquin Regional Rail Commission Employee Compensation Policy Background: The Rail Commission retained a consultant in 2013 to evaluate the agency compensation and benefits program as compared to other similar agencies of scope and size. The last assessment was made in the 2002/2003 fiscal year. Based upon the consultant analysis and additional work between the Chair and the executive staff, as directed by the Board, the attached Employee Compensation policy has been developed. 34 of 38 SAN JOAQUIN REGIONAL RAIL COMMISSION COMPENSATION POLICY SECTION I: BACKGROUND Since 1998, SJRRC has managed the Altamont Corridor Express (ACE) rail service to become one of the most cost effective services in the country, and in July, 2013, SJRRC was selected to serve as the Managing Agency for the new San Joaquin Joint Powers Authority (SJJPA), which will assume responsibility for the operational management, strategic planning and funding for the San Joaquin Intercity passenger service. As the Managing Agency, SJRRC will provide staffing, consultants and other services to SJJPA, which means that current executive, management and operational responsibilities and spans of control have been, and/or will be, expanded to encompass these new service areas. Within six months, SJRRC will be managing two of the six conventional passenger rail services in California. SJRRC is in a unique position with the responsibility for highly technical, operational, financial and planning activities to support conventional passenger rail operations, yet is a significantly smaller agency relative to the other agencies providing similar services. The expertise and versatility of staff were critical to SJRRC being selected as the Managing Agency for the San Joaquin’s Intercity rail service, and personnel in key positions were pledged to that important effort. Additionally, certain employees have been designated by state for reimbursable work. Employee retention and competitiveness in recruiting will be necessary to meet these commitments and to continue the growing success of the ACE service. SECTION II: COMPENSATION POLICY RECOMMENDATIONS A. Compensation Monitoring and Assessment Based upon the 2014 consultant assessment and Board/executive team analysis, the Rail Commission establishes a target for the mid-point of employee salary ranges to be benchmarked within 10 percent of the average mid-point of the salary ranges for the surveyed agencies of similar size and scope. The 10 percent factor takes into account the variance that all other similar agencies are located in the Bay Area and Southern California. B. Implementation While the Policy establishes industry appropriate salary ranges, employee progression within the salary ranges shall comply with the SJRRC Personnel Manual for performance-based merit increases and take into account: Availability of Funds Work Experience of the Employee Quality of Job Performance Length of Service with Agency 35 of 38 C. Ongoing Assessment To remain competitive and especially meet the commitments to external agencies for reimbursable work, every two years, beginning in 2016, SJRRC shall assess the industry labor market with the goal of keeping all salary range mid-points within 10% of the average mid-point for agencies of similar size and scope. Bob Johnson, Chair Date Approved 36 of 38 SAN JOAQUIN REGIONAL RAIL COMMISSION November 7, 2014 STAFF REPORT Item 7 INFORMATION Presentation on 2014 ACE Passenger Survey Background: A PowerPoint presentation on the initial survey results will be made at the meeting. 37 of 38 SAN JOAQUIN REGIONAL RAIL COMMISSION November 7, 2014 STAFF REPORT Item 8 INFORMATION Initial ACEforward Project Costs Background: As directed by the SJRRC Board, the “ACEforward” program is moving forward: The key goals include improving service reliability and passenger convenience of the Altamont Corridor Express (ACE), increasing to six daily round trip trains between Stockton and San Jose and extending service to Modesto by 2018/2019 with additional service expansion to ten daily round trip trains and extension of service to Merced by 2022. SJRRC and the Federal Railroad Administration (FRA) are jointly preparing an Environmental Impact Report (EIR) and Environmental Impact Statement (EIS) for ACEforward in compliance with the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). SJRRC is serving as the lead agency for the preparation of the EIR and the FRA is serving as the lead agency for the preparation of the EIS. Status Update: Staff will present initial capital and operational costs based upon 6 frequencies and the extension to Modesto; and with 10 frequencies and a further extension to Merced. The costs will reflect weekend service in 2025 and new stations at Manteca, Ripon, Modesto, Turlock, Livingston/Atwater and Merced. In addition to initial cost information staff will present estimated greenhouse gas reductions, and provide highlights of the economic impacts study prepared by the Great Valley Center regarding the ACEforward program. 38 of 38