B. Resolution P Administration and Projects Committee STAFF REPORT October 1, 2015 Page 2 of 2 Changes from Committee Background MTC committed a

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1 Administration and Projects Committee STAFF REPORT Meeting Date: October 1, 2015 Subject Summary of Issues State Route 4 (SR4) East Widening Project Loveridge Road to SR160 (Projects 1406/3001) Request to Deallocate/Reallocate Regional Measure 2 (RM2) Funds for Construction Services The Metropolitan Transportation Commission (MTC) authorized a total of $2,300,000 for the final design effort needed to incorporate the wider median and ebart compatible structures along SR4 from Loveridge Road to Hillcrest Avenue. The allocations were made in January 2008 ($800,000) and May 2008 ($1,500,000) for these specific tasks related to the freeway construction packages. The ebart related design was completed at a cost of $1,741,101, leaving a balance of $558,899 in RM2 funds. Experience with the Loveridge and Segment 1 construction projects suggests that maintaining additional reserve for ebart items and extra work would be prudent. This can be accomplished by requesting that the balance of the design funds be deallocated and reallocated to the Construction Phase of Segments 2 and 3A. Recommendations Staff seeks approval of Resolution P which will deallocate/reallocate $558,899 in RM2 funds to provide additional reserve for ebart requirements and extra work for the Construction Phase of Segments 2 and 3A. Staff also requests approval to submit to MTC a request to deallocate/reallocate these funds. Financial Implications Funds will not be available for the Authority s use until MTC has taken action on this request. Options Attachments The Authority could decline to approve the submittal. The additional RM2 funds would be deallocated and returned to the ebart project for BART s future use. A. Draft Regional Measure 2, Initial Project Report 5-1

2 B. Resolution P Administration and Projects Committee STAFF REPORT October 1, 2015 Page 2 of 2 Changes from Committee Background MTC committed a total of $96 million in RM2 Bridge Toll Funds to the ebart project for Environmental work, Design, Right-of-Way (ROW) and Construction. As co-sponsors, allocations have been made directly to either BART or the Authority with the other agency s concurrence. MTC authorized a total of $2,300,000 for the final design effort to incorporate the wider median and ebart structures into the SR4 Widening project construction packages, from Loveridge Road to SR160. The final cost for this work came in at $1,741,101, or $558,899 below the original estimate. Additionally MTC allocated $20.1 million for the Authority implemented construction phase, funding both ebart related construction capital and construction management costs. To date $17.7 million has been expended from the allocated amount for construction of all four segments. The two completed segments, Loveridge Road and Segment 1 have experienced cost overruns from the ebart items. While there are no known issues associated with Segments 2 and 3A, the savings from the design phase would help fund these overruns and provide additional cushion against unforeseen costs. Staff has worked with BART staff to develop the proposed deallocation and reallocation request and has their concurrence on this approach. 5-2

3 Regional Measure 2 (RM2) Initial Project Report (IPR) Project Title: RM2 Project No.: 13.1, 13.2, 13.3 ebart Project State Route 4 (SR4) Widening Project Loveridge to SR160 Rail Extension to East Contra Costa County Allocation History: MTC Approval Date Amount Phase #1: March ,750,000 ENV/ROW Sup #2 December ,500,000 PS&E #3 May PS&E (Transfer between subprojects) #4 June PS&E (Transfer between subprojects) #5 January ,000 PS&E #6 January ,000 PS&E #7 May ,500,000 PS&E #8 May ,500,000 PS&E #9 December ,000,000 ROW #10 May Deallocate ENV/Allocate PS&E #11 June ,000,000 CON #12 June ,000,000 ROW/CON #13 June ,000,000 PS&E #14 December ,150,000 PS&E/ROW/CON Total: $ 96,000,

4 Current Allocation Request: IPR Date Amount Being Requested Phase Requested 08/17/15 -$558,899 PS&E Rescission of the following: Allocation 6: $291,291 Allocation 8: $267,608 08/17/15 $558,899 CON I. OVERALL PROJECT INFORMATION A. Project Sponsor/Co-sponsor(s)/Implementing Agency The Contra Costa Transportation Authority (CCTA) and Bay Area Rapid Transit (BART) are cosponsoring agencies for AB 1171/RM1 funds. CCTA will be the implementing agency for the construction of ebart median structures to be integrated into Segments 1, 2, 3, 4, and 5 of The California State Department of Transportation (Caltrans)/CCTA SR4 contracts and for acquiring Right-of-Way (ROW) to accommodate ebart. B. Project Purpose The purpose of the ebart project and the SR4 widening project is to bring commute relief to the eastern portion of Contra Costa County in a reasonable period of time at a reasonable cost. Eastern Contra Costa County is the fastest growing part of the Bay Area, expecting population growth of 53% and job growth of 132% between 2000 and The area needs frequent, reliable, high quality transit service to connect the many and increasing number of homes in the area with the jobs in areas served by existing public transit, including BART. CCTA and BART have identified the SR4 median as the preferred route for future transit expansion. This application is for the allocation of funds for construction of improvements and construction management for the ebart portion of the widening project between Somersville Road and SR160. C. Project Description Project graphics to be sent electronically with this application The ebart Project (Project) will expand the existing BART system by ten miles, and extend transportation services to communities in east Contra Costa County that are currently not served by rail transit. Stations within the SR4 median would be designed to provide intermodal regional links to bus, shuttle, automobile, bicycle, and pedestrian networks. The Project will enhance the public's access to jobs, education, shopping, and social activities throughout the Bay Area. Diesel Multiple Unit (DMU) trains will operate on tracks to be constructed in the median of SR4 between the existing Pittsburg/Bay Point BART Station and the vicinity of the Hillcrest Avenue interchange in the City of Antioch. One transfer platform and two stations will be constructed along the 10-mile corridor. The DMU trains will operate on tracks to be constructed in the median of SR4. The portion of SR4 between the Pittsburg/Bay Point BART Station and Loveridge Road has already been widened to accommodate transit service. The portion of SR4 between Loveridge Road and Hillcrest Avenue is

5 proposed for widening by the Caltrans and CCTA, and has undergone environmental review. The schedule for construction and operation of ebart is contingent on the scheduled Caltrans widening of SR4 east of Somersville Road. A transfer platform and two stations will be constructed as part of the ebart Project. The transfer platform will be constructed east of the existing Pittsburg/Bay Point BART Station in the existing BART tailtrack area. A new passenger station paid for by the City of Pittsburg will be constructed at Railroad Avenue. A terminus station will be constructed in the vicinity of Hillcrest Avenue in Antioch. In addition, a maintenance platform will be constructed east of the Hillcrest Avenue Station. D. Impediments to Project Completion There are no currently known impediments to completion; however, contractor claims are always a potential risk. E. Operability N/A II. PROJECT PHASE DESCRIPTION and STATUS F. Environmental Does the National Environmental Policy Act (NEPA) Apply: Yes No California Environmental Quality Act (CEQA) - The BART Board of Directors certified the Final Environmental Report has been completed in compliance with CEQA on April 23, SR4 has obtained environmental clearance under a Negative Declaration/Environmental Assessment/Initial Study/NEPA/CEQA Re-Validation. G. Design 100% Design complete all segments. H. Right-of-Way (ROW) Activities/Acquisition 100% ROW complete all segments. I. Construction/Vehicle Acquisition This portion of the application is for construction and construction management activities between Somersville Road and SR160. III. PROJECT BUDGET J. ebart Project Budget *Amounts escalated to year of expenditure in thousands Phase Total Amount Environmental Studies & Preliminary Eng (ENV/PE/PA&ED) $26,000 Design - Plans, Specifications and Estimates (PS&E) $39,500 Right-of-Way Activities /Acquisition (ROW) $117,000 Construction/Rolling Stock Acquisition (CON) $342,491 Total Project Budget (in thousands) $524,

6 K. ebart Project Budget *Amounts de-escalated to current year in thousands Phase Total Amount Environmental Studies & Preliminary Eng (ENV/PE/PA&ED) $26,000 Design - Plans, Specifications and Estimates (PS&E) $39,500 Right-of-Way Activities /Acquisition (ROW) $117,000 Construction/Rolling Stock Acquisition (CON) $342,491 Total Project Budget (in thousands) $524,991 IV. OVERALL PROJECT SCHEDULE ebart Project Schedule Phase-Milestone Planned (Update as needed) Completion Start Date Date Environmental Document FY 2005 FY 2009 Environmental Studies, Preliminary Eng. (ENV/PE/PA&ED) FY 2005 FY 2009 Final Design - Plans, Specs. & Estimates (PS&E) FY 2008 FY 2016 Right-of-Way Activities /Acquisition (ROW) FY 2005 FY 2016 Construction (Begin Open for Use)/Acquisition/Operating Service (CON) FY 2011 FY 2018 SR4 Widening Project Schedule Phase-Milestone Planned (Update as needed) Completion Start Date Date Environmental Document FY 2001 FY 2005 Environmental Studies, Preliminary Eng. (ENV/PE/PA&ED) FY 2001 FY 2005 Final Design - Plans, Specs. & Estimates (PS&E) FY 2006 FY 2012 Right-of-Way Activities /Acquisition (ROW) FY 2007 FY 2013 Construction (Begin Open for Use)/Acquisition/Operating Service (CON) FY 2010 FY 2016 V. ALLOCATION REQUEST INFORMATION L. Detailed Description of Allocation Request

7 Describe the scope of the allocation request. Provide background and other details as necessary. This application rescinds unused funds from prior design allocations and reallocates those funds for construction to provide additional change order reserve for Segments 3 and 4, as follows: (1) Deallocate $291,291 from Allocation ; (2) Deallocate $267,608 from Allocation ; and (3) Allocate $558,899 for construction of ebart median structures to be integrated into Segments 3 and 4 of Caltrans/CCTA SR4 contracts Amount being requested (in escalated dollars) Deallocate Allocate Project Phase being requested $<558,899> $558,899 PS&E (deallocation) CON (allocation) Are there other fund sources involved in this phase? Yes No Date of anticipated Implementing Agency Board approval the RM2 IPR Resolution for the allocation being requested 09/16/15 Month/year being requested for MTC approval of allocation 10/15 M. Status of Previous Allocations (if any) Expenditures To-Date by Phase *Amounts in thousands Phase Date of last Expenditure Amount Expended to date Balance Remaining To be Expended ENV/PA&ED June 2015 $25,981 $569 PS&E June 2015 $38,399 $1,101 ROW June 2015 $104,550 $15,049 CON/Operating June 2015 $132,150 $201,614 Total to date (in thousands) $301,080 $218,333 Expenditures To-Date by Fund Source *Amounts in Thousands Fund Source Expended to Date Date of last Expenditure Amount Expended to date Balance Remaining To Be Expended BART funds June 2015 $50 $3,600 RM2 June 2015 $90,270 $5,730 TCRP June 2015 $5,250 $0 Prop 1B June 2015 $33,191 $16,631 SAP June 2015 $500 $0 Measure C June 2015 $400 $0 T-Plus June 2015 $100 $

8 AB 1171 June 2015 $88,106 $23,394 Measure J June 2015 $72,035 $65,865 RM1 June 2015 $0 $63,800 MTC STA June 2015 $300 $0 Tri Delta June 2015 $2,785 $0 CCTA Reimbursement June 2015 $6,007 $0 CCTA Hillcrest Interchange June 2015 $1,599 $0 City of Pittsburg June 2015 $487 $4,313 ECCRFFA June 2015 $0 $35,000 Total to date (in thousands) $301,080 $218,333 N. Workplan Workplan in Alternate Format Enclosed Task No. Description Deliverables 1 Construction Improved Median Somersville Road to SR160 O. Impediments to Allocation Implementation None VI. RM2 FUNDING INFORMATION P. RM2 Funding Expenditures for Funds being Allocated Completion Date June 2016 The companion Microsoft Excel Project Funding Spreadsheet to this IPR is included Q. Next Anticipated RM2 Allocation Request September 2015 for re-allocation VII. GOVERNING BOARD ACTION Check the box that applies: Governing Board Resolution attached Governing Board Resolution to be provided on or before: 10/23/2015 VIII. CONTACT/PREPARATION INFORMATION Contact for Applicant s Agency - BART Contact: Name: Ric Rattray Phone: Title: Group Manager mrattra@bart.gov Address: BART Planning Department 300 Lakeside Drive, 21 th Floor Oakland, CA

9 Contact for Applicant s Agency - CCTA Contact: Name: Susan Miller Phone: Title: Director of Projects smiller@ccta.net Address: 2999 Oak Road, Suite 100 Walnut Creek, CA Information on Person Preparing IPR: Name: Susan Miller Phone: Title: Director of Projects smiller@ccta.net Address: 2999 Oak Road, Suite 100 Walnut Creek, CA 9459 Name: Randall Carlton Phone: Title: Chief Financial Officer rcarlton@ccta.net Address: 2999 Oak Road, Suite 100 Walnut Creek, CA

10 RM2 Regional Traffic Relief Plan Request for Allocation Part 1: RM2 Implementing Agency Resolution of Project Compliance Resolution P Implementing Agency: Project Title: Contra Costa Transportation Authority State Route 4 (SR4) East Widening: Loveridge Road to SR160 Whereas, SB 916 (Chapter 715, Statutes 2004), commonly referred as Regional Measure 2 (RM2), identified projects eligible to receive funding under the Regional Traffic Relief Plan; and Whereas, the Metropolitan Transportation Commission (MTC) is responsible for funding projects eligible for RM2 funds, pursuant to California Streets and Highways Code Section 30914(c) and (d); and Whereas, MTC has established a process whereby eligible transportation project sponsors may submit allocation requests for RM2 funding; and Whereas, allocations to MTC must be submitted consistent with procedures and conditions as outlined in RM2 Policy and Procedures; and Whereas, Contra Costa Transportation Authority (Authority) is an eligible sponsor of transportation project(s) in RM2, Regional Traffic Relief Plan funds; and Whereas, the SR4 East Widening: Somersville Road to SR160 is eligible for consideration in the Regional Traffic Relief Plan of RM2, as identified in California Streets and Highways Code Section 30914(c) or (d); and Whereas, the RM2 allocation request, attached hereto in the Initial Project Report (IPR) and incorporated herein as though set forth at length, lists the project, purpose, schedule, budget, expenditure and cash flow plan for which the Authority is requesting that MTC allocate RM2 funds; and Resolved, that the Authority, and its agents shall comply with the provisions of the MTC s RM2 Policy Guidance (MTC Resolution No. 3636); and Resolved, that the Authority certifies that the project is consistent with the Regional Transportation Plan (RTP); and Resolved, that the year of funding for any design, Right-of-Way (ROW) and/or construction phases has taken into consideration the time necessary to obtain environmental clearance and permitting approval for the project; and 5-10

11 Resolved, that the SR4 East Widening: Somersville Road to SR160 is fully funded, and results in an operable and useable segment; and Resolved, that the Authority approves the updated IPR, attached to this resolution; and Resolved, that the Authority approves the cash flow plan, attached to this resolution; and Resolved, that the Authority in partnership with the Bay Area Rapid Transit District (BART) have reviewed the project needs and have adequate staffing resources to deliver and complete the project within the schedule set forth in the updated IPR, attached to this resolution; and Resolved, that the Authority is an eligible sponsor of projects in the RM2 Regional Traffic Relief Plan, Capital Program, in accordance with California Streets and Highways Code 30914(c); and Resolved, that the Authority is authorized to submit an application for RM2 funds for SR4 East Widening: Somersville Road to SR160 in accordance with California Streets and Highways Code 30914(c); and Resolved, that the Authority certifies that the projects and purposes for which RM2 funds are being requested is in compliance with the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 2l000 et seq.), and with the State Environmental Impact Report Guidelines (l4 California Code of Regulations Section l5000 et seq.) and if relevant the National Environmental Policy Act (NEPA), 42 USC Section 4-1 et. seq. and the applicable regulations thereunder; and Resolved, that there is no legal impediment to the Authority making allocation requests for RM2 funds; and Resolved, that there is no pending or threatened litigation which might in any way adversely affect the proposed project, or the ability of the Authority to deliver such project; and Resolved that the Authority indemnifies and holds harmless MTC, its Commissioners, representatives, agents, and employees from and against all claims, injury, suits, demands, liability, losses, damages, and expenses, whether direct or indirect (including any and all costs and expenses in connection therewith), incurred by reason of any act or failure to act of the Authority, its officers, employees or agents, or subcontractors or any of them in connection with its performance of services under this allocation of RM2 funds. In addition to any other remedy authorized by law, so much of the funding due under this allocation of RM2 funds as shall reasonably be considered necessary by MTC may be retained until disposition has been made of any claim for damages; and Resolved, that the Authority shall, if any revenues or profits from any non-governmental use of property (or project) are collected, that those revenues or profits shall be used exclusively for the public transportation services for which the project was initially approved, either for capital improvements or maintenance and operational costs, otherwise the MTC is entitled to a proportionate share equal to MTC s percentage participation in the projects(s); and 5-11

12 Resolved, that assets purchased with RM2 funds including facilities and equipment shall be used for the public transportation uses intended, and should said facilities and equipment cease to be operated or maintained for their intended public transportation purposes for its useful life, that MTC shall be entitled to a present day value refund or credit (at MTC s option) based on MTC s share of the Fair Market Value of the said facilities and equipment at the time the public transportation uses ceased, which shall be paid back to MTC in the same proportion that RM2 funds were originally used; and Resolved, that the Authority authorizes its Executive Director or his designee to execute and submit a request for the deallocation of funds from the final design phase and subsequent reallocation to the construction phase for the SR4 East Widening: Loveridge Road to SR160 to MTC for RM2 funds in the amount of $558,899, for the project, purposes and amounts included in the project application attached to this resolution; and Resolved, that the Executive Director or his designee is hereby delegated the authority to make non-substantive changes or minor amendments to the IPR as he/she deems appropriate; and Resolved, that a copy of this resolution shall be transmitted to MTC in conjunction with the filing of the Authority application referenced herein. Julie K. Pierce, Chair This RESOLUTION was entered into at a meeting of the Contra Costa Transportation Authority held October 21, 2015 in Walnut Creek, California Attest: Danice J. Rosenbohm, Executive Secretary 5-12