Under the proposed Fee Schedule, the permit fees would be adjusted as follows:

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2 6.8 Pursuant to California law, if fees are charged by a local agency in connection with permit issuance, the fees may not exceed the estimated reasonable cost of providing the service for which the fee is charged. Furthermore, such fees must be adopted by the local agency governing body through an instrument such as a resolution. DISCUSSION: In compliance with the Policy, the proposed Resolution and Fee Schedule (Attachments A & B, respectively) sets forth the new fees for processing Access Permits, performing inspections, and providing other permit-related services. The fees are calculated using current allocated rates for labor, combined with the minimum average number of hours staff projects will be spent on application review and inspection. Rates to be charged for non-labor items such as equipment will be calculated based on Caltrans 2017/2018 Equipment Rental Rates. The fees for Access Permits have been revised to reflect annual increases in the fully allocated labor rates since 2013, as well as an increase in time required to process Access Permits. Similarly, fees for permit-related use of vehicles and equipment have been revised to reflect the increase in costs to VTA for the items. The final permit fee for a project will be determined when the Access Permits are issued, based on the type, anticipated scope, and duration of activities. Under the proposed Fee Schedule, the permit fees would be adjusted as follows: Fee Category Current Proposed Proposed Fee (2013) Increase New Fee Construction Access Permit Application $1,530 $965 $2,495 Inspection Fee - Underground Utility Light Rail Crossing $2,670 $260 $2,930 Inspection Fee for Bus and Transit Facility Restorations $2,460 $285 $2,745 As Built Drawing Fee $3,145 $735 $3,880 Restricted Access Permit Application $1,590 $1,460 $3,050 Roadway Worker Protection Training $65 $20 $85 Light Rail Power Down/Power Up $1,010 $290 $1,300 Bus Bridge (per hour/bus) $180 $<3> $177 Modified Light Rail Service: One-Car Train $435 $102 $537 Two-Car Train $515 $105 $620 Three-Car Train $590 $113 $703 ALTERNATIVES: The Board could adopt a different fee structure that is consistent with the requirement of California law in that VTA cannot charge more than the estimated reasonable cost of the services provided. Page 2 of 3

3 6.8 FISCAL IMPACT: Revenue received from the fees will be used to recover the fully allocated costs incurred by VTA in support of the permit process, which include labor and non-labor costs that would otherwise be paid from general VTA Transit Fund revenues. STANDING COMMITTEE DISCUSSION/RECOMMENDATION: The Administration & Finance Committee met as a Committee of the Whole on October 19, 2017 and forwarded the item to the Board of Directors without a recommendation. Prepared by: Kathy Bradley Memo No Page 3 of 3

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6 Attachment B VTA Permit Fee Schedule (Effective November 2, 2017) 6.8.b Construction Access Permit Fees 1. Application Fee Administration, processing and plan check fee 2. Inspection Fee For Underground Utility Light Rail Crossing Directional bore method Jack and bore method (under 12 in diameter) 3. Inspection Fee For Bus and Transit Facility Restorations Removing and restoring any portion of VTA Portland cement Concrete (P.C.C.) bus pad or a VTA P.C.C. shelter pad 4. As-Built Fee Cost for VTA for providing a simple As-Built Drawing 5. Background Security Check for VTA Permittees The permit applicant will be required to have their employees undergo a background security check through a process determined by VTA at the applicant s cost. VTA reserves the right to decide all aspects of the background security check process including, but not limited to, all costs. Minimum Fees $2,495 $2,930 $2,745 $3, BART Fees Where applicable, any fees charged by BART relating to a VTA permit may be paid by the applicant to VTA with no VTA mark-up. VTA will then pass those BART fees directly to BART. Attachment B Page 1

7 Attachment B VTA Permit Fee Schedule (Effective November 2, 2017) 6.8.b Restricted Access Permit Fees 1. Restricted Access Permit Application processing, administration, including weekly track allocation meetings, and inspection charges. 2. Roadway Worker Protection Training Fee Per participant based on attending a regularly scheduled class conducted at a VTA facility. 3. Light Rail Traction Power Down and Power Up Fee For traction power down and power up if permit activities require VTA to shut down light rail power. 4. Bus Bridge Fees. For supplemental portal to portal bus services resulting from permit activities disrupting rail services. 5. Modified Bus and/or Light Rail Services The following impact fees are intended to reimburse VTA for the impacts to normal VTA bus and rail operations resulting from construction or other events: Hourly rate for each additional bus required for service (regular or bus bridge): Hourly rate for a one-car train: Hourly rate for a two-car train: Hourly rate for a three-car train: 6. Background Security Checks for VTA Permittees The permit applicant will be required to have their employees undergo a background security check through a process determined by VTA at the applicant s cost. VTA reserves the right to decide all aspects of the background security check process including, but not limited to, all costs. Minimum Fees $3,050 $85 $1,300 $177 per hour/bus $537 $620 $ BART Fees Where applicable, any fees charged by BART relating to a VTA permit may be paid by the applicant to VTA with no VTA markup. VTA will then pass those BART fees directly to BART. Attachment B Page 2

8 6.8.b Attachment B Cost Basis for Permit Fee Schedule Construction Access Permit Fees (November 2, 2017) 1. Construction Access Permit Application Fee (minimum fee) Additional fees may be assessed for applications requiring new or revised plan checks. The application fee includes processing and administration charges and shall be added to the appropriate inspection fee. The components of the inspection fee are listed in Sections 2, 3, and 4 below. Classification Number of Hours Allocated Rate* Total Cost Construction Inspector 2 hr X $133 = $266 Construction Inspector (Senior) 2 hr X $143 = $286 Engineer (Senior) 0.5 hr X $209 = $105 Engineer (Senior Systems) 1 hr X $209 = $209 Environmental Planner (Senior) ¼ hr X $195 = $49 Enterprise Risk Analyst ½ hr X $124 = $62 Enterprise Risk Manager ¼ hr X $204 = $51 Real Estate Agent (Associate) ½ hr X $150 = $75 Real Estate Agent (Senior) ½ hr X $189 = $95 Permit Technician 8 hr X $112 = $896 Transit Development Specialist 1 hr X $108 = $108 Safety Manager 1 hr X $226 = $226 Cars, Trucks ¾ Ton & Lighter (Based on Caltrans 2017/2018 Equipment Rental Rates) 4 hr X $16.34 = $65.36 TOTAL $2,495 Attachment B Page 3

9 6.8.b Attachment B Cost Basis for Permit Fee Schedule Construction Access Permit Fees (November 2, 2017) 2. Inspection Fee For Underground Utility Light Rail Crossing Directional bore method Jack and bore method (under 12 in diameter) Classification Number of Hours Allocated Rate* Total Cost Construction Inspector 15 hr X $133 = $1,995 Construction Inspector (Senior) 1.5 hr X $143 = $215 Permit Technician 4 hr X $112 = $448 Cars, Trucks ¾ Ton & Lighter (Based on Caltrans 2017/2018 Equipment Rental Rates) 16.5 hr X $16.34 = $ TOTAL $2, Inspection Fee For Bus and Transit Facility Restorations Removing and restoring any portion of a VTA Portland cement concrete ( P.C.C. ) bus pad or shelter pad. The estimated amount of inspection time is the same for a bus pad or shelter pad. Classification Number of Hours Allocated Rate* Total Cost Bus Stop Maintenance Worker 2 hr X $96 = $192 Construction Inspector (Senior) 13hr X $143 = $1,859 Permit Technician 4 hr X $112 = $448 Cars. Trucks ¾ Ton & Lighter (Based on Caltrans 2017/2018 Equipment Rental Rates) 15 hr X $16.34 = $246 TOTAL $2,745 Attachment B Page 4

10 6.8.b Attachment B Cost Basis for Permit Fee Schedule Construction Access Permit Fees (November 2, 2017) 4. As-Built Fee Cost to VTA for providing a simple as-built drawing. The cost may be reimbursed to the Permittee if the Permittee submits an as-built drawing satisfactory to VTA standards within 30 calendar days following completion of the permitted construction work. Additional fees may be assessed depending on the scope of the work. Classification Number of Hours Allocated Rate* Total Cost Engineering Technician III 16 hr X $139 = $2,224 Construction Inspector (Senior) 1 hr X $143 = $143 Permit Technician 1 hr X $112 = $112 3-Person Field Survey Crew 4 hr X $350 = $1,400 TOTAL $3, Background Security Check The permit applicant will be required to have their employees undergo a background security check through a process determined by VTA at the permittee s cost. VT reserves the right to decide all aspects of the background security check process, including, but not limited to, all costs. Attachment B Page 5

11 Attachment B Cost Basis for Permit Fee Schedule Restricted Access Permit Fees (November 2, 2017) 6.8.b 1. Restricted Access Permit Fee Includes administration, processing and inspection charges. Number of Allocated Total Classification Hours Rate* Cost Assistant Superintendent 12 hr X $202 = $2,424 Permit Technician 5 hr X $112 = $560 Cars. Trucks ¾ Ton & Lighter (Based on Caltrans 2017/2018 Equipment Rental Rates) 4 hr X $16.34 = $65.36 TOTAL $3, Roadway Worker Protection Training Fee Classification Number of Hours Allocated Rate* Total Cost Light Rail Technical Trainer 6 hr X $165 = $990 Permit Technician 1 hr X $112 = $112 Office Spec II 4 ½ hr X $96 = $432 Cars, Trucks ¾ Ton & Lighter (Based on Caltrans 2017/2018 Equipment Rental Rates) 6 hr X $16.34 = $98.04 TOTAL Per Participant: $85** $1,635 **Trainers commute to and from other locations to conduct 4 hour training sessions. **Based on a regularly scheduled class size of a twenty conducted at VTA facilities. **Any special training will be charged on an actual cost basis. Attachment B Page 6

12 Attachment B Cost Basis for Permit Fee Schedule Restricted Access Permit Fees (November 2, 2017) 6.8.b 3. Light Rail Traction Power Down and Power Up Fee Classification Number of Hours Allocated Rate* Total Cost Overhead Line Worker 2 hr X $154 = $308 Overhead Line Worker 2 hr X $154 = $308 Substation Maintainer 2 hr X $154 = $308 Substation Maintainer 2 hr X $154 = $308 Cars, Trucks ¾ Ton & Lighter (Based on Caltrans 2017/2018 Equipment Rental Rates) 4 hr X $16.34 = $65.36 TOTAL $1, Bus Bridging Fee For supplemental bus service required because permit activities disrupt rail service. Allocated rate per hour for Bus Service $ Modified Bus or Light Rail Service The following impact fees are intended to reimburse VTA for the impacts to normal VTA Bus and Rail Operation resulting from construction or other events. Hourly rate for each additional bus required for service (regular or bus bridge): $177 Hourly rate for a one-car train: $537 Hourly rate for a two-car train: $620 Hourly rate for a three-car train: $ Background Security Check The permit applicant will be required to have their employees undergo a background security check through a process determined by VTA at the applicant s cost. VTA reserves the right to decide all aspects of the background security check process, including, but not limited to all costs. The hourly labor rates for the various classifications listed herein were rounded up to the nearest dollar and classification totals were rounded up to the nearest five-dollar increments, for ease of calculation. Attachment B Page 7

13 Attachment B Permit Related Rates (November 2, 2017) 6.8.b The services of VTA personnel will be charged in accordance with the following rates. If the services of others not specified herein are required, those services will be billed at the existing VTA allocated rates. Classification/Type Service Allocated Rate* Associate Transportation Engineer $ Associate Real Estate Agent $ Assistant Superintendent $ Bus/Light Rail Operator $ Bus Stop Maintenance Worker $95.12 Construction Inspector $ Engineering Technician III $ Enterprise Risk Analyst $ Enterprise Risk Manager $ Information Services Representative $94.06 Fare Inspector $ Light Rail Power Supervisor $ Light Rail Signal Supervisor $ Light Rail Operations Superintendent $ Light Rail Technical Trainer $ Light Rail Track Supervisor $ Maintenance Scheduler $ Management Analyst $ Office Specialist II $95.17 Operations Manager - Cerone $ Overhead Line Worker $ Light Rail Signal Maintainer $ Light Rail Track Worker $ Light Rail Vehicle Maint. Service Worker $ Light Rail Station Maint. Service Worker $ Passenger Facilities Maint. Supervisor-Bus $ Passenger Facilities Maint. Supervisor-LR $ Permit Technician $ Public Communications Specialist $ Safety Manager $ Senior Construction Inspector $ Senior Engineer $ Attachment B Page 8

14 6.8.b Attachment B Permit Related Rates (November 2, 2017) Classification/Type Service Allocated Rate* Senior Real Estate Agent $ Sr. Environmental Engineer $ Sr. Environmental Planner $ Senior Mechanical Engineer $ Senior Transportation Engineer $ Substation Maintainer $ Transit Development Specialist $ Transportation Supervisor $ Way Power & Signal Superintendent $ Non-Revenue Vehicle (Cars, Trucks ¾ Ton & Lighter) $16.34 Sergeant-Contract Year FY18 Deputy Sheriff-Contract Year FY18 Armed Patrol Officer Contract Year FY18 Armed Patrol Officer OT- Contract Year FY 18 Armed Patrol Sergeant Contract Year FY 18 Armed Patrol Sergeant OT Contract Year FY 18 Unarmed Officer Contract Year FY 18 Unarmed Officer OT Contract Year FY 18 Unarmed Field Supervisor Contract Year FY 18 Unarmed Field Supervisor OT Contract Year FY 18 $103 Estimate $119 Estimate $27 Estimate $40 Estimate $35 Estimate $52 Estimate $21 Estimate $32 Estimate $25 Estimate $37 Estimate Attachment B Page 9

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16 6.9 Fares-Transit (line 1) shows a negative variance of $7.9M due primarily to lower ridership than budgeted. Sales Tax based revenues, including 1976 Half-Cent Sales Tax (line 3), TDA (line 4), and Measure A Sales Tax Operating Assistance (line 5), accounted for a collective negative variance of $11.8M. While sales tax receipts for FY17 were higher than the previous year, the rate of growth was lower than budgeted. STA (line 6) reflects an unfavorable variance of $5.7M due to the continued reduction in the price of diesel fuel. STA revenues are derived entirely from the sales tax on diesel fuel. Other Income (line 12) reflects a positive variance of $2.3M due primarily to a one-time receipt of revenues from termination of a Light Rail Vehicle lease/leaseback arrangement. The Transfer to Capital Reserve (line 13) shows a positive variance of $21.9M reflecting the April 21, 2017 Board action to suspend the transfer for FY17. Expenses Fiscal Year 2017 Total Expenses (line 43) were $9.4M below budget driven primarily by favorable variances in Labor Costs (line 15), Security (line 17), and Fuel (line 20). This positive variance was partially offset by an unfavorable variance in Materials & Supplies (line 16) and Reimbursements (line 31). Labor (line 15) shows a positive variance of $7.7M due primarily to savings related to health insurance premiums, Retiree Medical Trust contributions, workers compensation rates and a continued effort to manage vacancies. Materials & Supplies (line 16) reflects an unfavorable variance of $1.9M due primarily to increased preventive maintenance and the Light Rail Vehicle fleet mid-life overhaul. Security (line 17) has a positive variance of $2.4M due primarily to timing of planned activities. Fuel (line 20) reflects a favorable variance of $4.1M due to lower per gallon costs than budgeted. Average diesel price per gallon paid for the fiscal year was $1.91 versus a budgeted price of $2.85. Reimbursements (line 31) has a negative variance of $4.9M due primarily to timing of reimbursable project activities and the assignment of staff to non-reimbursable activities. SUMMARY: Total Revenues (line 14) for FY 2017 were $423.3M and Total Expenses (line 43) were $426.1M resulting in a negative Operating Balance (line 44) of $2.7M. As shown on the attached Sources and Uses of Funds Summary, the negative Operating Balance was funded from the VTA Transit Fund Operating Reserve. Page 2 of 3