napa valley transportation authority agenda...salary ranges for napa valley transportation authority...
TRANSCRIPT
Wednesday, July 19, 20171:30 PM
Napa Valley Transportation Authority625 Burnell Street
Napa, CA 94559
NVTA Conference Room
NVTA Board of Directors
All materials relating to an agenda item for an open session of a regular meeting of the NVTA Board of
Directors are posted on our website at https://nctpa.legistar.com/Calendar.aspx at least 72 hours prior
to the meeting and will be available for public inspection, on and after at the time of such distribution,
in the office of the Secretary of the NVTA Board of Directors, 625 Burnell Street, Napa, California
94559, Monday through Friday, between the hours of 8:00 a.m. and 5:00 p.m., except for NVTA
holidays. Materials distributed to the present members of the Board at the meeting will be available for
public inspection at the public meeting if prepared by the members of the NVTA Board or staff and
after the public meeting if prepared by some other person. Availability of materials related to agenda
items for public inspection does not include materials which are exempt from public disclosure under
Government Code sections 6253.5, 6254, 6254.3, 6254.7, 6254.15, 6254.16, or 6254.22.
Members of the public may speak to the Board on any item at the time the Board is considering the
item. Please complete a Speaker’s Slip, which is located on the table near the entryway, and then
present the slip to the Board Secretary. Also, members of the public are invited to address the Board
on any issue not on today’s agenda under Public Comment. Speakers are limited to three minutes.
This Agenda shall be made available upon request in alternate formats to persons with a disability .
Persons requesting a disability-related modification or accommodation should contact Karrie
Sanderlin, NVTA Board Secretary, at (707) 259-8631 during regular business hours, at least 48 hours
prior to the time of the meeting.
This Agenda may also be viewed online by visiting the NVTA website at
https://nctpa.legistar.com/Calendar.aspx
Note: Where times are indicated for agenda items they are approximate and intended as estimates
only, and may be shorter or longer, as needed.
Agenda - Final
July 19, 2017NVTA Board of Directors Agenda - Final
1. Call to Order
2. Pledge of Allegiance
3. Roll Call
4. Adoption of the Agenda
5. Public Comment
6. Chairperson’s, Board Members’, Metropolitan Transportation Commissioner's
(MTC) and Association of Bay Area Governments (ABAG) Update
7. Director's Update
8. Caltrans' Update
9. PRESENTATIONS
9.1 Financing Options for State Route 37 (SR 37) (Danielle
Schmitz) (Pages 9-11)
Project Finance Advisory Ltd. (PFAL) staff will summarize financing
options for State Route 37.
Recommendation:
1:45 p.m.Estimated Time:
Staff ReportAttachments:
Note: Where times are indicated for the agenda items, they are approximate and
intended as estimates only and may be shorter or longer as needed.
10. CONSENT AGENDA ITEMS (10.1 - 10.2)
10.1 Approval of Meeting Minutes of June 21, 2017 (Karrie
Sanderlin) (Pages 12-17)
Board action will approve the meeting minutes of June 21, 2017.Recommendation:
2:00 p.m.Estimated Time:
Draft MinutesAttachments:
Page 2 Napa Valley Transportation Authority Printed on 7/14/2017
July 19, 2017NVTA Board of Directors Agenda - Final
10.2 Annual Election of Chair and Vice Chair (Karrie Sanderlin) (Pages 18-19)
Board action will approve the second of a two year term for Chair
Peter White and Vice Chair Chris Canning.
Recommendation:
2:00 p.m.Estimated Time:
Staff ReportAttachments:
11. REGULAR AGENDA ITEMS
11.1 Proposed Organizational Restructure of the Napa Valley
Transportation Authority (NVTA) (Karrie Sanderlin) (Pages 20-23)
Board action will approve (1) the Organizational Restructure of
NVTA, (2) the re-classification of the Program Manger-Finance
positon to Director-Administration, Finance, & Policy, (3) the
re-classification of the Program Manager-Planning to
Director-Programs, Projects & Planning, (4) establish a salary
range of $129,132-$142,044 for the two Director positions, and (5)
increasing the 457 Deferred Compensation employer match from
$1,000 annually to $2,500 annually for the Director positions .
Recommendation:
2:00 p.m.
Estimated Time:
Staff ReportAttachments:
11.2 Resolution No. 17-11 Approving the Fiscal Year (FY) 2017-18
Salary Ranges for Napa Valley Transportation Authority
(NVTA) Job Classifications (Karrie Sanderlin) (Pages 24-29)
Board action will adopt Resolution No. 17-11 approving the FY
2017-18 Salary Ranges for NVTA Job Classifications based upon
the Bay Area Consumer Price Index (CPI) ending December 2016
of 3%.
Recommendation:
2:10 p.m.Estimated Time:
Staff ReportAttachments:
Page 3 Napa Valley Transportation Authority Printed on 7/14/2017
July 19, 2017NVTA Board of Directors Agenda - Final
11.3 Napa County Grand Jury 2016-2017 June 22, 2017 Final Report
Napa Valley Transportation Authority Vision 2040 Plan and
Proposed Napa Valley Transportation Authority (NVTA)
Responses (Kate Miller) (Pages 30-58)
The Board will receive the 2016-2017 Napa County Grand Jury
Final Report and approve proposed NVTA responses.
Recommendation:
2:15 p.m.Estimated Time:
Staff ReportAttachments:
11.4 Regional Measure 3 (RM3) Program Revised Priorities (Kate
Miller) (Pages 59-64)
Board action will approve the addition of the Soscol Junction
project and approve the revised NVTA RM3 program.
Recommendation:
2:30 p.m.Estimated Time:
Staff ReportAttachments:
11.5 2018 Regional Transportation Improvement Program (RTIP)
Call for Projects (Danielle Schmitz) (Pages 65-76)
Board action will approve advancing up to $39 million in RTIP
funds for Soscol Junction and Devlin Road Extension and the
release of the 2018 RTIP Call for Projects.
Recommendation:
2:45 p.m.Estimated Time:
Staff ReportAttachments:
Page 4 Napa Valley Transportation Authority Printed on 7/14/2017
July 19, 2017NVTA Board of Directors Agenda - Final
11.6 Authorization to Award Napa Valley Transportation Agreement
No. 17-15 to Kimley-Horn for the Vine Transit Maintenance
Facility Architecture & Engineering Design Services (Rebecca
Schenck) (Pages 77-102)
Board action will authorize the Executive Director to execute
Agreement No. 17-15 with Kimley-Horn for the Vine Transit
Maintenance Facility Architecture and Engineering Design Services
in an amount not to exceed $2,726,435.
Recommendation:
3:00 p.m.Estimated Time:
Staff ReportAttachments:
11.7 Authorize the Executive Director to Award a Construction
Contract for Board Room Audiovisual Improvements (Herb
Fredricksen) (Pages 103-105)
Board action will authorize the Executive Director to award a
construction contract for Board Room audiovisual improvements to
the lowest and best bidder in an amount not to exceed $200,000.
Recommendation:
3:15 p.m.Estimated Time:
Staff ReportAttachments:
11.8 Adoption of Fiscal Year (FY) 2016-2026 Short Range Transit
Plan (SRTP) (Matthew Wilcox) (Pages 106-107)
Board action will adopt the FY 2016-2026 SRTP.Recommendation:
3:30 p.m.Estimated Time:
Staff ReportAttachments:
Page 5 Napa Valley Transportation Authority Printed on 7/14/2017
July 19, 2017NVTA Board of Directors Agenda - Final
11.9 Federal and State Legislative Updates and State Bill Matrix
(Kate Miller) (Pages 102-122)
The Board will receive the monthly Federal and State Legislative
updates, and State Bill Matrix.
Recommendation:
3:45 p.m.Estimated Time:
Staff ReportAttachments:
12. FUTURE AGENDA ITEMS
13. ADJOURNMENT
13.1 Approval of Next Regular Meeting Date of September 20, 2017
at 1:30 p.m. and Adjournment
4:00 p.m.Estimated Time:
I hereby certify that the agenda for the above stated meeting was posted at a location
freely accessible to members of the public at the NVTA Offices, 625 Burnell Street,
Napa CA by 5:00 p.m. on Friday, July 14, 2017.
____________________________________
Karalyn E. Sanderlin, NVTA Board Secretary
Page 6 Napa Valley Transportation Authority Printed on 7/14/2017
Karalyn E. Sanderlin (e-sign) July 14, 2017
Glossary of Acronyms
Latest Revision: 06/17
AB 32 Global Warming Solutions Act
ABAG Association of Bay Area Governments
ADA American with Disabilities Act
ATAC Active Transportation Advisory Committee
ATP Active Transportation Program
BAAQMD Bay Area Air Quality Management District
BART Bay Area Rapid Transit District
BATA Bay Area Toll Authority
BRT Bus Rapid Transit
CAC Citizen Advisory Committee
CAP Climate Action Plan
Caltrans California Department of Transportation
CEQA California Environmental Quality Act
CIP Capital Investment Program
CMA Congestion Management Agency
CMAQ Congestion Mitigation and Air Quality Improvement Program
CMP Congestion Management Program
CTP Countywide Transportation Plan
COC Communities of Concern
CTC California Transportation Commission
DAA Design Alternative Analyst
DBB Design-Bid-Build
DBF Design-Build-Finance
DBFOM Design-Build-Finance-Operate-Maintain
DED Draft Environmental Document
EIR Environmental Impact Report
EJ Environmental Justice
FAS Federal Aid Secondary
FAST Fixing America’s Surface Transportation Act
FHWA Federal Highway Administration
FTA Federal Transit Administration
FY Fiscal Year
GHG Greenhouse Gas
GTFS General Transit Feed Specification
HBP Highway Bridge Program
HBRR Highway Bridge Replacement and Rehabilitation Program
HIP Housing Incentive Program
HOT High Occupancy Toll
HOV High Occupancy Vehicle
HR3 High Risk Rural Roads
HSIP Highway Safety Improvement Program
HTF Highway Trust Fund
IFB Invitation for Bid
ITIP State Interregional Transportation Improvement Program
IS/MND Initial Study/Mitigated Negative Declaration
JARC Job Access and Reverse Commute
LIFT Low-Income Flexible Transportation
LOS Level of Service
MAP 21 Moving Ahead for Progress in the 21st Century Act
MPO Metropolitan Planning Organization
MTC Metropolitan Transportation Commission
MTS Metropolitan Transportation System
ND Negative Declaration
NEPA National Environmental Policy Act
NOAH Natural Occurring Affordable Housing
NOC Notice of Completion
NOD Notice of Determination
NOP Notice of Preparation
NVTA Napa Valley Transportation Authority
NVTA-TA Napa Valley Transportation Authority-Tax Agency
OBAG One Bay Area Grant
PA&ED Project Approval Environmental Document
P3 or PPP Public-Private Partnership
PCC Paratransit Coordination Council
PCI Pavement Condition Index
PCA Priority Conservation Area
PDA Priority Development Areas
PID Project Initiation Document
PMS Pavement Management System
Prop. 42 Statewide Initiative that requires a portion of gasoline sales tax revenues be designated to transportation purposes
7
Glossary of Acronyms
Latest Revision: 06/17
PSE Plans, Specifications and Estimates
PSR Project Study Report
PTA Public Transportation Account
RACC Regional Agency Coordinating Committee
RFP Request for Proposal
RFQ Request for Qualifications
RHNA Regional Housing Needs Allocation
RM2 Regional Measure 2 (Bridge Toll)
RM# Regional Measure 3
ROW Right of Way
RTEP Regional Transit Expansion Program
RTIP Regional Transportation Improvement Program
RTP Regional Transportation Plan
SAFE Service Authority for Freeways and Expressways
SAFETEA-LU Safe, Accountable, Flexible, and Efficient Transportation Equity Act-A Legacy for Users
SB 375 Sustainable Communities and Climate Protection Act 2008
SCS Sustainable Community Strategy
SHOPP State Highway Operation and Protection Program
SNCI Solano Napa Commuter Information
SNTDM Solano Napa Travel Demand Model
SR State Route
SRTS Safe Routes to School
SOV Single-Occupant Vehicle
STA State Transit Assistance
STIC Small Transit Intensive Cities
STIP State Transportation Improvement Program
STP Surface Transportation Program
TAC Technical Advisory Committee
TCM Transportation Control measure
TCRP Traffic Congestion Relief Program
TDA Transportation Development Act
TDM Transportation Demand Management Transportation Demand Model
TE Transportation Enhancement
TEA Transportation Enhancement Activities
TEA 21 Transportation Equity Act for the 21st Century
TFCA Transportation Fund for Clean Air
TIGER Transportation Investments Generation Economic Recovery
TIP Transportation Improvement Program
TLC Transportation for Livable Communities
TLU Transportation and Land Use
TMP Traffic Management Plan
TMS Transportation Management System
TNC Transportation Network Companies
TOAH Transit Oriented Affordable Housing
TOD Transit-Oriented Development
TOS Transportation Operations Systems
TPA Transit Priority Area
TPP Transit Priority Project Areas
VHD Vehicle Hours of Delay
VMT Vehicle Miles Traveled
8
July 19, 2017 NCTPA Agenda Item 9.1
Continued From: New Action Requested: INFORMATION
NAPA VALLEY TRANSPORTATION AUTHORITY Board Agenda Letter ______________________________________________________________________
TO: Board of Directors
FROM: Kate Miller, Executive Director
REPORT BY: Danielle Schmitz, Program Manager-Planning (707) 259-5968 / Email: [email protected]
SUBJECT: State Route 37 Financial Opportunities Analysis – Presentation by PFAL
______________________________________________________________________
RECOMMENDATION Information and Discussion COMMITTEE RECOMMENDATION None EXECUTIVE SUMMARY State Route 37 (SR 37) is a key transportation corridor linking the four North Bay counties. Due to its strategic transportation role and environmentally sensitive natural footprint, SR 37 has been the subject of a long-range planning study conducted by UC Davis (UCD) and the California Department of Transportation (Caltrans). In addition, staff and elected officials from the four North Bay counties entered into a Memorandum of Understanding to work cooperatively to define a project that addresses congestion and sea-level rise along the corridor. As part of those efforts, PFAL was awarded a contract to develop funding scenarios and develop a high level approach to delivering the project which is the subject of today’s presentation. PROCEDURAL REQUIREMENTS 1. Staff Report 2. Public Comment 3. Discussion FISCAL IMPACT Is there a Fiscal Impact? No.
9
NVTA Agenda Letter Wednesday July 19, 2017 Board Agenda Item 9.1
Page 2 of 3
CEQA REQUIREMENTS ENVIRONMENTAL DETERMINATION: The proposed action is not a project as defined by 14 California Code of Regulations 15378 (California Environmental Quality Act (CEQA) Guidelines) and therefore CEQA is not applicable. BACKGROUND AND DISCUSSION The corridor is broken up into 3 segments. Segment A is from Highway 101 to Highway 121 with is 3.4 miles in Marin and 3.9 miles in Sonoma. Segment B is from Highway 121 to Mare Island with 2.3 miles in Sonoma and 7 miles in Solano. Segment C is 4.4 miles entirely in Solano. In October 2015, NVTA entered a memorandum of understanding (MOU) with the Solano Transportation Authority (STA), the Sonoma County Transportation Authority (SCTA) and the Transportation Authority of Marin (TAM). The intent of the MOU is to define how the four agencies will work together in cooperation to successfully promote and expedite the delivery of improvements in the SR 37 Corridor to address the threat of sea level rise, traffic congestion, transit options and recreational activities. It constitutes a guide to the intentions and strategies of the parties involved and provides the overall framework, including outlining their respective roles, responsibilities and potential funding strategy for the SR 37 Corridor. The MOU also created the SR 37 Policy Committee on which Supervisor Alfredo Pedroza, Supervisor Belia Ramos, and Mayor Leon Garcia serve representing NVTA. In March 2016, the Policy Committee hired Project Finance Advisory Ltd. (PFAL) to complete a financial feasibility analysis on SR 37. PFAL’s Richard Kerrigan will review consultant findings (Attachment 1) at today’s board meeting. Parallel to the Financial Feasibility Analysis work, in March 2017 NVTA entered an agreement with the three other North Bay Counties and the Metropolitan Transportation Commission (MTC) to complete the SR 37 Transportation and Sea Level Rise Corridor Study (also referred to as the Design Alternatives Analysis (DAA)) to be conducted by MTC’s consultant Kimley Horn with AECOM as a sub consultant. The scope of work is near $1 million in consulting services; the bulk of the funding comes from MTC, and includes: 1. Corridor Plan from Hwy 101 to Hwy 80
a) Data Collection b) High level frame work
I. Capacity Constraints II. Sea Level rise, Storm Surge, Flooding
c) Identify Priority Segment(s)
10
NVTA Agenda Letter Wednesday July 19, 2017 Board Agenda Item 9.1
Page 3 of 3
2. Design Alternative Assessment of Priority Segment for near and long term projects
a) Definition and detailed analysis: I. Traffic operation II. Design
III. Cost Estimates IV. Environmental Screening
The Corridor Plan will be released at the September 7, 2017 SR 37 Policy Committee meeting. Caltrans has hired MIG as a communications consultant to carry out several public outreach components that will take place starting in September. NVTA will be holding a public open house in late September to review the Corridor Plan. The DAA will be released this winter followed by another public workshop, an online survey, focus groups and a telephone town hall. SUPPORTING DOCUMENTS None
11
625 Burnell Street
Napa, CA 94559Napa Valley Transportation
AuthorityMeeting Minutes - Draft
NVTA Board of Directors
1:30 PM NVTA Conference RoomWednesday, June 21, 2017
1. Call to Order
Chair White called the meeting to order at 1:30 p.m.
2. Pledge of Allegiance
Chair White led the Pledge of Allegiance.
3. Roll Call
Alan Galbraith
James Barnes
Chris Canning
Jill Techel
Alfredo Pedroza
John F. Dunbar
Peter White
Doris Gentry
Kerri Dorman
Belia Ramos
Beth Kahiga
Leon Garcia
Mark Joseph
4. Adoption of the Agenda
Motion MOVED by GALBRAITH, SECONDED by CANNING to APPROVE adoption of the Agenda.
Motion carried by the following vote:
Aye: Galbraith, Barnes, Canning, Techel, Pedroza, Dunbar, White, Gentry, and Dorman18 -
Absent: Garcia, Kahiga, Joseph, and Ramos6 -
5. Public Comment
None
[Board Member Ramos in attendance at 1:33 p.m.]
Page 1Napa Valley Transportation Authority Printed on 7/11/2017
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June 21, 2017NVTA Board of Directors Meeting Minutes - Draft
6. Chairperson’s, Board Members’, Metropolitan Transportation
Commissioner's, and Association of Bay Area Governments Update
Metropolitan Transportation Commissioner's (MTC) Update:
Board Member Pedroza reported on MTC activities to date.
Association of Bay Area Governments (ABAG) Update:
Board Member Ramos reported on ABAG activities to date.
Board Member Update:
Board Member Canning shared his concerns regarding the continuing issues and service
failures associated with the Calistoga Shuttle phone system.
7. Director's Update
Kate Miller, Executive Director
• Reported on the Calistoga Shuttle Phone System issues.
• Announced that the Oak Knoll Segment of the Napa Valley Vine Trail received the California
Transportation Foundation’s Pedestrian-Bicycle Project of the year at the awards ceremony in
Sacramento on May 24th.
• Stated that the Measure T Logo is included in the meeting handout packet.
• Provided a summary the BottleRock transit service data. Reported that over the three day
period of the festival the Vine extended hours reduced 10,760 car trips which is roughly 12%
higher than 2016 when we had 9,611 transit riders.
• Reported that Caltrans added a green bike lane to help alert cyclists and motorists to the class
2 bike path adjacent to State Route 29 at Whitehall Lane over the Wine Train railroad tracks.
• Reported that the State Bicycle and Pedestrian Plan –Towards an Active CA was adopted in
May. The plan outlines the policies and actions that Caltrans and partner agencies will take to
achieve the statewide goal to double walking and triple bicycling trips by 2020.
• Reported that Caltrans has begun construction on the Sarco Bridge.
• Announced that Friday, June 23rd is International Take Your Dog to Work Day.
8. Caltrans' Update
No oral report was provided by Caltrans, however, the June 21, 2017 Caltrans Reporting memo
was provided for review.
10. CONSENT AGENDA ITEMS (10.1-10.5)
Consent Item 10.1 was pulled to approve separately.
Motion MOVED by GALBRAITH, SECONDED by PEDROZA to APPROVE Consent Items 10.2-10.5.
Motion carried by the following vote:
Aye: Galbraith, Barnes, Canning, Techel, Pedroza, Dunbar, White, Gentry, Dorman, and
Ramos
20 -
Absent: Garcia, Kahiga, and Joseph4 -
Page 2Napa Valley Transportation Authority Printed on 7/11/2017
13
June 21, 2017NVTA Board of Directors Meeting Minutes - Draft
10.1 Approval of Meeting Minutes of May 17, 2017 (Karrie Sanderlin) (Pages 9-16)
Draft MinutesAttachments:
Motion MOVED by GALBRAITH, SECONDED by PEDROZA, with DUNBAR and RAMOS
ABSTAINING, to APPROVE meeting minutes of May 17, 2017. Motion carried by the following
vote:
Aye: Galbraith, Barnes, Canning, Techel, Pedroza, White, Gentry, and Dorman17 -
Absent: Garcia, Kahiga, and Joseph4 -
Abstain: Dunbar, and Ramos3 -
10.2 Resolution No. 17-08 Authorizing the Filing of Applications with the Federal Transit
Administration (FTA) (Antonio Onorato) (Pages 17-20)
Staff ReportAttachments:
Board action approved Resolution NO. 17-8 authorizing the Executive Director, or designee to fill
applications and execute grant agreements with the FTA.
10.3 Resolution No. 17-09 Resolution of Local Support for the Safe Routes to School
(SRTS) Project (Diana Meehan) (Pages 21-27)
Staff ReportAttachments:
Board action approved Resolution No. 17-09 a Resolution of Local Support for the County SRTS
Project under OBAG 2.
10.4 Resolution No. 17-10 Authorizing the Filing with the Metropolitan Transportation
Commission (MTC) for Allocation for Transportation Development Act (TDA), Regional
Measure 2 (RM2), and State Transit Assistance (STA) Funds for Fiscal Year (FY)
2017-18 (Justin Paniagua) (Pages 28-32)
Staff ReportAttachments:
Board action approved Resolution No. 17-10 Authorizing the filing with MTC for allocation for
TDA, RM2, and TDA funds for FY 2017-18.
10.5 Notice of Completion for the Napa Valley Vine Trail - Oak Knoll Section (Herb
Fredricksen) (Pages 33-37)
Staff ReportAttachments:
Board action authorized the filing of the Notice of Completion with the Recorder-County Clerk
for the Napa Valley Vine Trail - Oak Knoll Section.
11. REGULAR AGENDA ITEMS
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14
June 21, 2017NVTA Board of Directors Meeting Minutes - Draft
11.1 First Amendment to NVTA Agreement No. 14-19 with Hunt & Sons Inc. (Antonio
Onorato) (Pages 38-43)
Staff ReportAttachments:
Board action authorized the First Amendment to NVTA Agreement No. 14-19 with Hunt & Sons.
Board member Dorman requested staff a copy of the full contract agreement once it is fully
executed, including the insurance and indemnity obligations for the installation and
maintenance of the fueling equipment. Further, the Board instructed staff to notify Napa Valley
Petroleum, its other existing multi-fuel contractor, to elicit a similar proposal prior to awarding
the amendment to Hunt & Sons.
Motion MOVED by PEDROZA, SECONDED by RAMOS to APPROVE authorizing the Executive
Director to execute a First Amendment to Agreement No. 14-19. and a separate agreement to be
prepared by counsel setting forth Hunt & Sons insurance and indemnity obligations for the
installation and maintenance of fueling equipment for an "on-site" fueling option at the Vine
Transit Bus Maintenance Yard located at 720 Jackson Street in Napa, subject to approval by the
City of Napa and compliance with all permitting requirements. Motion carried by the following
vote:
Aye: Galbraith, Barnes, Canning, Techel, Pedroza, Dunbar, White, Gentry, Dorman, and
Ramos
20 -
Absent: Garcia, Kahiga, and Joseph4 -
11.2.A Vine Transit Route 25 Intercity Bus Service (Matthew Wilcox) (Pages 44-49)
Staff ReportAttachments:
Information only / No action taken.
The Board received an update on the Vine Transit Route 25.
11.2.B Vine Transit Route 25 Intercity Bus Service Financial Alternatives (Antonio Onorato)
(Pages 50-53)
Staff ReportAttachments:
Staff reviewed the Vine Transit Route 25 financial alternatives to supplement the pending
reduction of Federal Transit Administration (FTA) Section 5311(f) Intercity Bus Programs funds.
11.3 Update on Vine Transit Date Integration on Google (Matthew Wilcox) (Pages 54-56)
Staff ReportAttachments:
Information only / No action taken
Staff provided an update on the Vine Transit Data Integration in Google Maps.
Page 4Napa Valley Transportation Authority Printed on 7/11/2017
15
June 21, 2017NVTA Board of Directors Meeting Minutes - Draft
11.4 First Amendment to Agreement No. 16-11 with the City of Napa for Omni-Means to
Complete the Modeling and Preliminary Design for the Soscol Junction Project
Alternative (Danielle Schmitz) (Pages 57-78)
Staff ReportAttachments:
Board action approved the amendment to the agreement with the City of Napa for the additional
modeling work and preliminary design for the Soscol Junction Project Alternatives.
Motion MOVED b TECHEL, SECONDED by GALBRAITH to APPROVE, with DORMAN
ABSTAINING, authorizing the Executive Director to execute the First Amendment to Agreement
No. 16-11 for the additional work identified in Exhibit A in an amount note to exceed $31,264.
Motion carried by the following vote:
Aye: Galbraith, Barnes, Canning, Techel, Pedroza, Dunbar, White, Gentry, and Ramos19 -
Absent: Garcia, Kahiga, and Joseph4 -
Abstain: Dorman1 -
11.5 Federal and State Legislative Updates and State Bill Matrix (Kate Miller) (Pages
79-102)
Staff ReportAttachments:
Information only / No action taken.
The Board received the monthly Federal and State Legislative updates and the State Bill Matrix.
12. FUTURE AGENDA ITEMS
None
13. CLOSED SESSION
Chair White announced that the Board would be adjourning to Closed Session for the item noted
on the agenda and that no reportable action is expected.
Adjourned to Closed Session at 3:10 p.m.
13.1 CONFERENCE WITH LABOR NEGOTIATOR (Government Code Section 54957.6)
Agency Designated Representative: Peter White, Chairman
Employee: Executive Director
Re-Convened to Open Session at 3:40 p.m.
Chair White reported that there were no reportable actions associated with the closed session
item.
14. ADJOURNMENT
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16
June 21, 2017NVTA Board of Directors Meeting Minutes - Draft
14.1 Approval of Next Regular Meeting Date of July 19, 2017 at 1:30 p.m. and Adjournment
Motion MOVED by GENTRY, SECONDED by BARNES to APPROVE the next regular meeting date
of July 19, 2017 and Adjournment.
The meeting was adjourned at 3:40 p.m.
____________________________________
Karalyn E. Sanderlin, NVTA Board Secretary
Page 6Napa Valley Transportation Authority Printed on 7/11/2017
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July 19 2017 NVTA Agenda Item 10.2
Continued From: New Action Requested: APPROVE
NAPA VALLEY TRANSPORTATION AUTHORITY Board Agenda Letter ______________________________________________________________________
TO: Board of Directors
FROM: Kate Miller, Executive Director
REPORT BY: Karrie Sanderlin, Program Manager-Administration and Human Resources (707) 259-8633 / Email: [email protected]
SUBJECT: Annual Election of Chair and Vice Chair ______________________________________________________________________
RECOMMENDATION That the Napa Valley Transportation Authority (NVTA) Board approve the second of a two year term for Chair Peter White and Vice Chair Chris Canning. COMMITTEE RECOMMENDATION None EXECUTIVE SUMMARY The second term for Chair and Vice Chair would begin July of this year and be completed in June 2018. Under Board bylaws a nominating subcommittee for the next Chair and Vice Chair would be appointed in May 2018. PROCEDURAL REQUIREMENTS 1. Staff Report 2. Public Comment 3. Motion, Second, Discussion and Vote FISCAL IMPACT Is there a Fiscal Impact? No.
18
NVTA Agenda Letter Wednesday July 19, 2017 Agenda Item 10.2
Page 2 of 2
CEQA REQUIREMENTS ENVIRONMENTAL DETERMINATION: The proposed action is not a project as defined by 14 California Code of Regulations 15378 (State CEQA Guidelines) and therefore CEQA is not applicable. BACKGROUND AND DISCUSSION NVTA bylaws, which were adopted in July 1998, require an annual election of Chair and Vice Chair at the annual meeting. The annual meeting is held in July of each year. The Chair and Vice Chair hold office for one year or until their successors have been appointed. In June of 2000 a subcommittee of the Board recommended, and the Board adopted, a policy that allows a two-year term for the Chair and Vice Chair with an annual vote of approval by the Board. The second term for Chair and Vice Chair would begin July of this year and be completed in June 2018. Under Board bylaws a nominating subcommittee for the next Chair and Vice Chair would be appointed in May 2018. SUPPORTING DOCUMENTS None
19
July 19, 2017 NVTA Agenda Item 11.1
Continued From: New Action Requested: APPROVE
NAPA VALLEY TRANSPORTATION AUTHORITY Board Agenda Letter ______________________________________________________________________
TO: Board of Directors
FROM: Kate Miller, Executive Director REPORT BY: Karrie Sanderlin, Program Manager-Administration and Human
Resources (707) 259-8633 / Email: [email protected]
SUBJECT: Proposed Organizational Restructure of the Napa Valley Transportation Authority (NVTA)
______________________________________________________________________
RECOMMENDATION That the Napa Valley Transportation Authority (NVTA) Board approve (1) the Organizational Restructure of NVTA as provided in Attachment 2, (2) the re-classification of the Program Manger-Finance positon to Director-Administration, Finance, & Policy, (3) the re-classification of the Program Manager-Planning to Director-Programs, Projects & Planning, (4) establish a salary range of $129,132-$142,044 for the two Director positions, and (5) the increase in the 457 Deferred Compensation employer match from $1,000 annually to $2,500 annually for the Director positions. COMMITTEE RECOMMENDATION None EXECUTIVE SUMMARY Refinement of organizational responsibilities (Attachment 2) and the re-classification of two Program Mangers to Directors are being proposed to better serve the needs of the Agency. Job descriptions for the Director positions will be refined and will include added responsibilities and reassignment of staff oversight. PROCEDURAL REQUIREMENTS 1. Staff Report 2. Public Comment 3. Motion, Second, Discussion and Vote
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NVTA Agenda Letter Wednesday July 19, 2017 Board Agenda Item 11.1
Page 2 of 2
FISCAL IMPACT Is there a Fiscal Impact? Yes, $19,127 increase in Salaries and Wages and a $3,000 increase in 457 Employer Contribution. Is it currently budgeted? No, an increase in the budget appropriation is necessary which will be presented to the Board for their review in their next quarterly update (September 2017). Where is it budgeted? Congestion Management Agency-salary and benefits Future fiscal impact: Yes Consequences if not approved: Reclassification of the two Program Managers to Directors would not occur. CEQA REQUIREMENTS ENVIRONMENTAL DETERMINATION: The proposed action is not a project as defined by 14 California Code of Regulations 15378 (State CEQA Guidelines) and therefore CEQA is not applicable. BACKGROUND AND DISCUSSION Refinement of organizational responsibilities, and to better serve the needs of the Agency, staff is requesting that the Board: • Approve the organizational restructure of NVTA. • Reclassify the Program Manager-Finance to Director, Administration, Finance &
Policy with an annual salary range of $129,132-$142,044. • Reclassify the Program Manager-Planning to Director, Programs, Projects &
Planning with an annual salary range of $129,132-$142,044. Including the Director, NVTA has fourteen full time employees (one position currently vacant) and one part-time employee. The reorganization proposal will not add any additional positions. SUPPORTING DOCUMENTS Attachments: (1) Current Organizational Chart
(2) Proposed Organizational Restructure
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Board Approved: July 20, 2016 Effective: January 3, 2017 Updated: June 1, 2017
Herb Fredricksen Program Manager
Engineer
Antonio Onorato Program Manager
Finance
(Administration & Grants)
Renee Kulick Sr. Administrative Technician
(Procurement & Contract Com-pliance ) & DBELO
Matthew Wilcox Program Manager
Public Transit
Danielle Schmitz Program Manager
Planning
Karrie Sanderlin Program Manager
Administration and Human Resources
Kathy Alexander Administrative Technician
(Office Coordinator)
Justin Paniagua Senior Financial /
Policy Analyst
Shaveta Sharma Transportation Program Planner
and Policy Analyst
Alberto Esqueda Associate Program Planner/
Administrator
Diana Meehan Associate Program Planner/
Administrator
Jennifer Gore Legal Counsel
NVTA Organizational Chart
Kate Miller Executive Director
NVTA BOARD OF DIRECTORS
Rebecca Schenck Transportation Program Planner
and Policy Analyst
Vacant Public Information Officer
Cindy Westerberg Accounting Technician
(Part-Time)
ATTACHMENT 1NVTA Agenda Item 11.1
July 19, 2017
22
Herb Fredricksen Program Manager
Engineer
Antonio Onorato Director,
Administration, Finance, and Policy
Renee Kulick Sr. Administrative Technician
(Procurement & Contract Compliance ) & DBELO
Matthew Wilcox Program Manager
Public Transit
Danielle Schmitz Director,
Programs, Projects and Planning
Karrie Sanderlin Program Manager
Administration and
Human Resources
Kathy Alexander Administrative Technician
(Office Coordinator)
Justin Paniagua Senior Financial/
Policy Analyst
Capital Planning and Policy
Shaveta Sharma Transportation Program
Planner and Policy Analyst
Alberto Esqueda Associate Program Planner/
Administrator
Diana Meehan Associate Program Planner/
Administrator
Jen Gore Legal Counsel
Proposed NVTA Organizational Chart
Kate Miller Executive Director
NVTA BOARD OF DIRECTORS
Rebecca Schenck Transportation Program
Planner and Policy Analyst
[vacant] Public Information Officer
Cindy Westerberg Accounting Technician
ATTACHMENT 2NVTA Agenda Item 11.1
July 19, 2017
23
July 19, 2017 NVTA Agenda Item 11.2
Continued From: New Action Requested: APPROVE
NAPA VALLEY TRANSPORTATION AUTHORITY Board Agenda Letter ______________________________________________________________________
TO: Board of Directors
FROM: Kate Miller, Executive Director REPORT BY: Karrie Sanderlin, Program Manager-Administration and Human
Resources (707) 259-8633 / Email: [email protected]
SUBJECT: Resolution No. 17-11 Approving the Fiscal Year (FY) 2017-18 Salary Ranges for Napa Valley Transportation Authority (NVTA) Job Classifications
______________________________________________________________________
RECOMMENDATION That the Napa Valley Transportation Authority (NVTA) Board approve Resolution No. 17-11 (Attachment 1) approving the FY 2017-18 Salary Ranges for NVTA Job Classifications based upon the Bay Area Consumer Price Index (CPI) ending December 2016 of 3% (Attachment 2). COMMITTEE RECOMMENDATION None EXECUTIVE SUMMARY At the February 19, 2014, meeting, the Board approved a revision to Section 2.10 Performance Evaluation of the NVTA Policies, Practices, and Procedures Personnel Policies which established that pay grades will be adjusted annually and indexed to the average of County of Napa, Sonoma County Transportation Authority, and Solano Transportation Authority increases for a given year or Bay Area Consumer Price Index (CPI) for all labor within Napa County, whichever is greater. For year ending 2016, the average increase for the County of Napa (2.75%), Sonoma County Transportation Authority (0%) and Solano Transportation Authority (1.9%) equaled 1.55% whereas the CPI was 3%.
24
NVTA Agenda Letter Wednesday July 19, 2017 Board Agenda Item 11.2
Page 2 of 2
PROCEDURAL REQUIREMENTS 1. Staff Report 2. Public Comment 3. Motion, Second, Discussion and Vote FISCAL IMPACT Is there a Fiscal Impact? No, only the salary ranges are to be adjusted, not employee salaries. Individual employee salary increases are based on employee performance. CEQA REQUIREMENTS ENVIRONMENTAL DETERMINATION: The proposed action is not a project as defined by 14 California Code of Regulations 15378 (State CEQA Guidelines) and therefore CEQA is not applicable. BACKGROUND AND DISCUSSION In October 2011, the Board approved Resolution No. 11-25 creating a classification structure and establishing compensation ranges for NVTA job classifications based upon the Agency’s compensation and classification study. At the February 19, 2014, meeting, the Board approved a revision to Section 2.10 Performance Evaluation of the NVTA Policies, Practices, and Procedures Personnel Policies which established that pay grades will be adjusted annually and indexed to the average of County of Napa, Sonoma County Transportation Authority, and Solano Transportation Authority increases for a given year or Bay Area Consumer Price Index (CPI) for all labor within Napa County, whichever is greater. For year ending 2016, the average increase for the County of Napa (2.75%), Sonoma County Transportation Authority (0%) and Solano Transportation Authority (1.9%) equaled 1.55% whereas the CPI was 3%. The CPI adjustment applies to the salary range only and does not imply that employees will receive a raise. The salary range is adjusted to the CPI to adjust the salary ceiling. Actual employee salary adjustments are based on each individual employee’s performance and awarded at the time of their annual performance evaluation. It is important to note that the salary range for the two Director positions have not been adjusted by the 3% CPI as it is anticipated that they will be approved in Item 11.3 Organizational Restructure of NVTA. SUPPORTING DOCUMENTS Attachments: (1) Resolution No. 17-11 (2) Bay Area Consumer Price Index
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RESOLUTION No 17-11
A RESOLUTION OF THE NAPA VALLEY TRANSPORTATION AUTHORITY (NVTA)
APPROVING FISCAL YEAR (FY) 2017-18 SALARY RANGES FOR NVTA JOB CLASSIFICATIONS
WHEREAS, the NVTA policy is to establish and maintain a general compensation and classification structure for NVTA employees that is externally competitive and internally aligned; and
WHEREAS, the compensation plan, including salary ranges, should be reviewed
and updated as necessary based on marketplace survey data, internal relationships, and NVTA financial constraints; and
WHEREAS, on October 19, 2011, the Board approved Resolution No. 11-25 establishing compensation ranges for NVTA job classifications; and
WHEREAS, on February 19, 2014, the Board revised Section 2.10 Performance
Evaluation of the NVTA Policies, Practices, and Procedures Personnel policies which established that pay grade ranges will be adjusted annually and indexed to the average of County of Napa, Sonoma County Transportation Authority, and Solano Transportation Authority increases for a given year or Bay Area Consumer Price Index (CPI) for all labor within Napa County, whichever is greater; and
WHEREAS, the average increase in the 2016 indexes for the County of Napa
(2.75%), Sonoma County Transportation Authority (0%) and Solano Transportation Authority (1.9%) equals 1.55%, and the Bay Area CPI Index ending December 2016 is 3%. / / / / / /
ATTACHMENT 1 NVTA Agenda Item 11.2
July 17, 2017
26
Resolution No. 17-11
Page 2 of 3
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Napa
Valley Transportation Authority that the FY 2017-18 Salary Ranges for NVTA Job Classifications, which reflect the rise in the Bay Area CPI ending December 2016 by 3%, are hereby adopted as set forth in Exhibit “A”.
THE FOREGOING RESOLUTION WAS DULY AND REGULARLY ADOPTED by the Board of Directors of the Napa Valley Transportation Authority, at a regular meeting held on July 19, 2017, by the following vote: ____________________ Peter White, NVTA Chair Ayes: Nays: Absent: ATTEST: _____________________________________ Karalyn E. Sanderlin, NVTA Board Secretary APPROVED: _____________________________ Jennifer Gore, NVTA Legal Counsel
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Resolution No. 17-11
Page 3 of 3
EXHIBIT “A”
FY 2017-18 Monthly Salary Range Job Title Minimum Maximum
Executive Director Separate Contract
Director - Administration, Finance & Policy $10,761 $11,837
Director - Programs, Projects & Planning $10,761 $11,837
Program Manager - Administration & Human Resources $8,953 $10,761
Program Manager - Engineer $8,953 $10,761
Program Manager - Public Transit $8,953 $10,761
Senior Program Planner/Administrator $7,429 $8,933
Associate Program Planner/Administrator $6,495 $7,791
Assistant Program Planner/Administrator $5,617 $6,736
Transportation Program Planner & Policy Analyst $5,617 $7,791
Public Information Officer $6,495 $7,791
Senior Financial/Policy Analyst $6,495 $7,791
Senior Administrative Technician $5,362 $6,640
Administration Technician (Office Coordinator) $4,663 $5,773
Accounting Technician (Part-Time) $2,909 $3,520
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ATTACHMENT 2NVTA Agenda Item 11.2
July 19, 2017
29
July 19, 2017 NVTA Agenda Item 11.3
Continued From: New Action Requested: APPROVE
NAPA VALLEY TRANSPORTATION AUTHORITY Board Agenda Letter ______________________________________________________________________
TO: Board of Directors
FROM: Kate Miller, Executive Director REPORT BY: Kate Miller, Executive Director
(707) 259-8634 / Email: [email protected]
SUBJECT: Napa County Grand Jury 2016-2017 June 22, 2017 Final Report Napa Valley Transportation Authority Vision 2040 Plan and Proposed Napa Valley Transportation Authority (NVTA) Responses
______________________________________________________________________
RECOMMENDATION That the Napa Valley Transportation Authority (NVTA) Board receive the Napa County Grand Jury 2016-2017 June 22, 2017 Final Report Napa Valley Transportation Authority Vision 2040 Plan (Attachment 1) with discussion and possible action to authorize (1) the proposed NVTA Board response letter (Attachment 2), and (2) the proposed NVTA Executive Director response letter (Attachment 3). COMMITTEE RECOMMENDATION None EXECUTIVE SUMMARY The Napa County Grand Jury published the report included as Attachment 1 titled, Napa Valley Transportation Authority Vision 2040 Plan dated June 22, 2017. The Board is required to respond to the Findings and Recommendations within 90 days (by September 24). The Grand Jury requested three separate responses 1) from the NVTA Board, 2) from the Napa County Board of Supervisors, and 3) from the NVTA Executive Director. Attachment 2 is the proposed NVTA Board response. Attachment 3 is the proposed NVTA Executive Director response. PROCEDURAL REQUIREMENTS 1. Staff Report 2. Public Comment 3. Motion, Second, Discussion and Vote
30
NVTA Agenda Letter Wednesday July 19, 2017 Board Agenda Item 11.3
Page 2 of 2
FISCAL IMPACT Is there a Fiscal Impact? No. CEQA REQUIREMENTS ENVIRONMENTAL DETERMINATION: The proposed action is not a project as defined by 14 California Code of Regulations 15378 (California Environmental Quality Act (CEQA) Guidelines) and therefore CEQA is not applicable. BACKGROUND AND DISCUSSION The Napa County Grand Jury’s findings have been published in the report Napa Valley Transportation Authority Vision 2040 Plan dated June 22, 2017 (Attachment 1). The report makes findings and recommendations about the Vision 2040 Moving Napa Forward Plan, NVTA’s long range countywide transportation plan. NVTA staff concurs with a number of the Grand Jury’s recommendations, some of which have already been implemented. The attached letter from NVTA Executive Director further clarifies information included in the Introduction and Findings sections of the report and offers explanations for rejecting several of the recommendations. A copy of the Board of Supervisors response letter will be distributed once it is approved by the Board of Supervisors. SUPPORTING DOCUMENTS Attachments: (1) Napa County Grand Jury 2016-2017 June 22, 2017 Final Report Napa Valley Transportation Authority Vision 2040 Plan: Management & Ridership for the Future
(2) July 19, 2017 Proposed NVTA Board Response Letter (3) July 19, 2017 Proposed NVTA Executive Director Response Letter
31
NAPA COUNTY GRAND JURY
2016-2017
June 22, 2017
FINAL REPORT
NAPA VALLEY TRANSPORTATION AGENCY VISION 2040 PLAN
County Traffic Problems Need a Comprehensive Plan with Measurable Results
ATTACHMENT 1NVTA Agenda Item 11.3
July 19, 2017
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2
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3
NAPA VALLEY TRANSPORTATION AGENCY
VISION 2040 PLAN
County Traffic Problems Need a Comprehensive Plan
with Measurable Results
SUMMARY
The Napa Valley Transportation Authority (NVTA) is responsible for providing a realistic and
executable traffic management plan for the county. Published in 2015, the NVTA Vision 2040
(V2040) transportation plan is not a comprehensive plan, nor does it contain measureable goals
by which progress can be monitored. This 400+ page document should be the guide for planning
and funding of Napa County transportation needs for the next 25 years, but it does neither.
The Grand Jury found that the V2040 proposed highway improvements list, bike lanes, and new
buses are inadequate to truly solve Napa County’s traffic congestion problems. Moreover, their
long list of proposed improvements can’t be fully executed due to a shortfall in funding. The
Jury also found that the NVTA has no way to measure annual traffic congestion relief.
Specifically, neither the NVTA Board nor the public has a way of determining progress toward
the NVTA stated goals.
The Grand Jury recommends that the Board of Supervisors form a multidisciplinary task force to
support the NVTA in developing a true “Transportation Vision.” This task force should seek
innovative sources of funding along with developing goals that are actionable and outcomes that
are measurable.
Napa County residents require solutions to traffic congestion and the participation of their
government officials working together, including the Board of Supervisors, City mayors, NVTA
Board members, and the County representative on the Metropolitan Transportation Commission
(MTC).
The NVTA Board needs to require accountability for new thinking on integrated transportation
solutions and find new and innovative sources of funding. Future expenditures should be based
on quantifiable goals and measurable results.
GLOSSARY:
CMA - Congestion Management Agency
GHG - Greenhouse Gas Emissions
JPA - Joint Powers Authority
MTC - Metropolitan Transportation Commission
MTC Plan 2040 - Metropolitan Transportation Commissions’ Transportation Management Plan;
http://2040.planbayarea.org/
NCTPA – Napa County Transportation Planning Agency (name for NVTA prior to 2016).
NVTA - Napa Valley Transportation Authority
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4
TDM - Travel Demand Management
V2040 - Vision 2040; Napa County transportation management plan;
http://www.nvta.ca.gov/countywide-plan-vision-2040 )
VMT - Vehicle Miles Traveled
BACKGROUND
NVTA Operational Responsibilities
The NVTA is the transportation planning agency for all six governmental jurisdictions (the
County and five cities) within Napa County. They are also the County’s designated Congestion
Management Agency (CMA), and therefore are responsible for preparing and implementing
congestion management programs. Their primary responsibilities are the planning and
implementation of Federal and State Fund Programming and Transportation and Housing
Planning. In addition, they are the Transportation Tax Authority for the County, as well as the
Public Transit Provider, which includes the VINE bus service and the On Demand/ADA Shuttle
Service.
Vision 2040 Plan
The State of California and MTC mandate that all traffic congestion agencies develop a 25-year
transportation plan to solve traffic issues. V2040 was adopted in September 2015. The plan’s
stated goals are to:
1. Serve the transportation needs of the entire community regardless of age, income or
ability.
2. Improve system safety in order to support all modes and serve all users.
3. Use taxpayer dollars efficiently.
4. Support Napa County’s economic vitality.
5. Minimize the energy and other resources required to move people and goods.
6. Prioritize the maintenance and rehabilitation of the existing system.
Challenges to Napa County Transportation as described in the Vision 2040 Document
In examining how Napa County can increase funding and reduce traffic, V2040 outlines these
findings and conclusions:
Due to increased population and a growing economy, traffic congestion is projected to
worsen over the next 25 years.
Funding sources for transportation have dropped significantly resulting in severe limitations on both new projects and on simply maintaining existing infrastructure.
Continuing limitations on funding points to the need for alternative methods of managing traffic through better road design and intelligent transportation systems.
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5
Napa County needs both maintenance and infrastructure expansion and will have to carefully balance how funds for maintenance and expansion are apportioned.
Traffic Congestion Trends
As reported in V2040, traffic congestion in Napa County continues to worsen. Most of this is due
to the creation of new jobs as a result of a vibrant tourism industry. Extreme traffic congestion
has the potential to threaten the livelihood of Napa’s tourism business, along with diminishing
the quality of life for all County residents.
In the past 10 years, Napa tourism has grown and so has traffic congestion. Currently, traffic
problems are not primarily the result of tourism but of commuters who work in the wine or
hospitality business. While County leaders support the economic engine of tourism, they have
not always committed to solving the problem of lack of affordable housing, which is directly
related to traffic congestion.
In 2016, Napa Valley's visitor industry generated $80.3 million in tax revenues for
government entities in Napa County, which is an increase of 25 percent over the $64.2
million in tax revenues generated in 2014.1 Taxes directly generated by the visitor industry include revenues from the transient occupancy tax (hotel tax), sales taxes, and
property and transfer taxes paid on lodging facilities.
The tourism industry supports an estimated 13,437 jobs, with a combined payroll of
$387 million2.
Currently, there are about 71,000 jobs in Napa County and 55,000 housing units. The cost of
housing (relatively high cost) and the nature of employment (relatively low wages) in the county,
results in many Napa workers having to find more affordable housing elsewhere. A household
needs to earn $95,000 per year to purchase a median-priced home for $606,000. In 2014, the
annual median income of Napa’s workforce was $38,168.3 Increased housing demand and
income mismatch will continue to result in more commuter vehicle miles traveled and more
congestion on Napa’s roads.
If projections are accurate, this could result in 30,000 workers commuting into Napa each day by
2040 (a 45 % increase over today) and an additional 2,000 outbound-commuters, or a total of
16,000 daily trips entering and leaving the county.
Transportation Funding Trends and Challenges
The transportation funding from Federal and State government sources are shrinking for the
NVTA. The V2040 project list is only 60 percent funded ($1.1 billion out of $1.9 billion). There
is simply not enough money from traditional sources to solve our traffic problems through
executing a “wish list” of construction projects.
The Measure T half cent sales tax (starting July 1, 2018) will provide some funding, mostly for
street maintenance. The estimated revenue is $12 million per year to be divided among Napa
County and its five cities. With the reduction of gas prices in recent years, increases in fuel
1 Visit Napa Valley 2016 research report. 2 Ibid. 3 V2040 Fehr & Peers Travel Behavior Study, December 2014.
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efficiency and the growing number of electric vehicles, the revenue from the gas tax will
continue to decrease.
The net result is that NVTA needs to find other ways for Napa to self-fund transportation
solutions.
METHODOLOGY
Interviews
The Grand Jury interviewed:
• NVTA staff
• NVTA Board members
• NVTA Technical Advisory Committee members
• Napa Valley Vintners
• Visit Napa Valley staff
• Sonoma County Transportation Authority (SCTA) staff
• Wine and Tourism Market Research experts
Documents Reviewed
• NVTA’s Vision 2040 Moving Napa Forward, including:
The report’s 12 white papers and reports
Fehr & Peers Transportation Consultants’ Travel Behavior Study, conducted in 2013-2014
The nine-page Public Comments section
• SCTA’s transportation plan, Moving Forward 2040
• MTC’s Vision Plan, Plan Bay Area 2040 Draft released April 3, 2017
• Organization charts – NVTA staff and NVTA Board
• Silicon Valley Bank –State of the Wine Industry Report – 2016
• Visit Napa Valley in-market research survey -2014
• Newspaper articles concerning traffic issues in the Napa Valley Register, American
Canyon Eagle, San Francisco Chronicle, and L.A Times.
• What Do We Know Now About Napa Transportation? - by Barbara Insel
Stonebridge Research Group LLC, October 29, 2015
Internet Searches
NVTA website; http://www.nvta.ca.gov/countywide-plan-vision-2040 . (Accessed as of June 15, 2017).
Metropolitan Transportation Commission; http://mtc.ca.gov/ and The MTC Vital Signs measurements; http://mtc.ca.gov/tools-resources/vital-signs . (Accessed as of April
2017).
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NVTA Board Meetings
Numerous, including NVTA Board retreat March 15, 2017 at Mont La Salle, Napa CA.
DISCUSSION
Vision 2040 was developed over a two-year time period at a cost in excess of $250,000.
However, the Grand Jury found that this time and expense did not result in an actionable plan to
measure and solve traffic congestion. The Grand Jury found the most interesting assessments and
impactful ideas in the report came from the Public Comments section in the last nine pages of
this lengthy report.
The first was from the Napa County Farm Bureau, which stated:
1. There is no clear vision, priorities, or performance measures that lead to direction of
future investments.
2. Preliminary modeling results do not show improvements to the proposed transportation
plans.
The second was from the V2040 Citizens Advisory Committee (CAC). This committee offered
the following recommendations:
1. Remove barriers to rail transit.
2. Build infrastructure for active transportation (walkers and bikers) especially in Napa
and American Canyon.
3. Add new Park & Ride lots and shuttles.
4. Invite and advocate for new technology.
5. Connect to affordable housing.
The CAC produced a matrix chart ranked for how to prioritize their various recommendations to
reduce traffic congestion (see Appendix A). The NVTA saw value in the work of the CAC and
decided in June 2016 to continue the CAC because it wanted community input. However, as of
June 2017, only 10 of the 19 CAC volunteer positions are filled.4
Studies, Studies, and More Studies
The V2040 report includes a 134-page countywide transportation plan, followed by nearly 300
pages of lists, projections, and copies of three other studies:
NCTPA Community Based Transportation Plan of July 7, 2015. Napa County Priority
Development Area (PDA) Investment and Growth Strategy, NCTPA, April 4, 2013
Napa County Travel Behavior Study, Draft Survey Results and Data Analysis Report, NCTPA, December 8, 2014
Buried within the V2040 report are suggestions for even more studies:
4 All CAC members are appointed by the NVTA.
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“NCTPA recommends conducting a study to look at future corridor management elements
that could improve system-wide traffic operations.”5
“The north south connection between Vallejo and St. Helena (Calistoga) given the potential
employment, residential, and visitor growth for both passenger and freight traffic could
significantly reduce congestion and offers another potential for further study.”6
What the Grand Jury observed were studies upon studies, yet no specific, actionable, measurable
plans to reduce traffic congestion. One example of this is the costly Fehr & Peers Travel
Behavior Study which details where traffic emanates from and why, and yet, the V2040 report
doesn’t appear to utilize this data in planning (see Appendix B).
Learning from Other Agencies
The Grand Jury studied the Sonoma County Transportation Authority report; Moving Forward
2040 and was impressed by their five Comprehensive Transportation Plan (CTP) goals including
measurable metrics for each, which correlate with the State 2040 transportation plan and the
MTC; Plan Bay Area Performance Targets (Appendix C).
Moving Forward 2040 serves as the “vision” for transportation in Sonoma County, with goals
for the transportation system, and for the well-being of the community. Transportation projects,
policies, community and political resources are assessed for their role in helping to meet the
goals of the CTP.
Performance Assessment in the 2016 CTP is crucial in helping to understand what tools are
needed for Sonoma to reach stated goals. The project lists include many types of transportation
related projects and services, and provides documentation of transportation needs, which are
necessary in planning future funding and sources of funding.
Examples of Sonoma County Measurable Transportation Goals and Targets:
1. Maintain the System; Roadway Condition – Improve countywide Pavement Condition
Index (PCI) for arterial and collector streets to 80 (very good condition) by 2040.
Improve countywide PCI for residential streets to 65 (good condition) by 2040.
2. Relieve Traffic Congestion; Congestion Reduction – Reduce Person Hours of Delay
(PHD) by 20% below 2005 levels by 2040.
3. Reduce Greenhouse Gas Emissions; Reduce GHG emissions to 40% below 1990 levels
by 2040. Climate Action 2020 targets shall be incorporated into the CTP when they are
finalized.
4. Plan for Safety and Health; Active Transportation - Increase active transportation mode
share (bike, walk, and transit) to 15% by 204 (2010 – 8.38%). Safety – Reduce total daily
accident rates by 20% by 2040.
5. Promote Economic Vitality; Reduce transportation costs for business and residents –
Reduce average peak period travel time per trip by 10% by 2040 (2010 – 11.31 minutes).
5 Vision 2040, p.106. 6 Ibid., p. 115.
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The Grand Jury also found articles about other California cities and counties that are encouraging
private investment in transportation solutions. When local agencies and their governments
changed their laws to accommodate innovative experiments, investments followed. One nearby
example is Bishop Ranch in San Ramon which uses Transdev7 autonomous shuttles to move
commuters from parking lot to office. NVTA should consider developing a plan to promote
Napa County as a test market for companies investing in transportation technology and traffic
improvement.
CONCLUSION
In many interviews, the Grand Jury found that knowledgeable individuals had the mistaken
assumption that the NVTA’s responsibilities were limited to just providing public transit bus
services and not as a congestion management agency. The NVTA has not educated the
community (nor even convinced some of its own Board members) that it serves functions other
than managing buses and building bike trails.
In fact, lack of communication is even seen on its website. When checking the website in June
2017, the last press releases were from 2015 and 2016. In addition, the Grand Jury found the
website cumbersome when trying to locate agendas and minutes from NVTA meetings. There
also were no public updates on plans, actions, and progress in reducing traffic congestion.
The Vision 2040 document with its 400+ pages doesn’t offer an actual plan of how these goals
and objectives will be achieved. The transportation solutions NVTA has proposed are to improve
transportation infrastructure to make it easier for workers to access jobs, which include:
Develop alternative transportation options for commuters (Travel Demand Management)
Improve highway and road infrastructure making it more effective to reduce congestion
and auto emissions
Promote Priority Development Areas (PDAs) Planning efforts
Developments that bring jobs closer to housing
Infrastructure improvements that improve traffic flow and encourage walking and biking
Missing in these solutions are any measurable regional traffic congestion reduction goals, plans,
and quantifiable tracking of actions and results.
The public needs a local county task force that will address all the essential issues and develop a
plan that will address traffic congestion, economic development, high-value job creation, and
affordable housing with a comprehensive approach and a simple scorecard for review.
7 Transdev is the same company that operates The Vine Bus system for NVTA. One of their divisions has developed
autonomous shuttles.
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FINDINGS
The Grand Jury finds that:
F1. A majority of interviewees view the Vision 2040 Report’s proposed highway
improvement lists, bike lanes, and new buses as insufficient to solve Napa County’s
traffic congestion problems.
F2. No quantifiable measurements are in place for the Board or the public to assess Napa
County congestion management goals, determine results on a timeline, or evaluate the
efficacy of NVTA budgets and spending.
F3. The NVTA does an inadequate public relations job of educating the community of all
their responsibilities, activities and progress toward achieving goals.
F4. The NVTA needs to better utilize data and travel demand software to (a) project future
transportation conditions, (b) forecast the need for and the potential effectiveness of
transportation projects and infrastructure improvements, and (c) identify the impacts of
land use development.
F5. The most salient suggested actions in V2040 were made by the Citizen Advisory
Committee (CAC) and the Napa County Farm Bureau.
F6. The NVTA is missing opportunities to promote Napa County as a test market for
transportation technology companies investing in new research and development.
RECOMMENDATIONS
The Grand Jury recommends that:
R1. By November 30, 2017, the Napa County Board of Supervisors form a multidisciplinary
task force that includes traffic, economic, employment, and housing experts to make
recommendations for comprehensive planning, innovative solutions to traffic congestion
and funding sources.
R2. The NVTA Board set clear expectations, determinate goals, and timelines to establish
quantifiable traffic congestion performance targets with measurable results and annual
progress reports to the public, starting in January 2018.
R3. The NVTA seek new, dependable sources of funding ideas specifically for traffic
congestion improvement actions by July 2018.
R4. The NVTA prioritize and approve future expenditures based on quantifiable and
achievable short and long range goals, starting in July, 2018.
R5. The NVTA test new technologies and traffic management software starting in 2017.
R6. By January 2018, the NVTA have a plan to promote Napa County as an ideal test market
for companies investing in transportation technology and market research and
development.
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REQUEST FOR RESPONSES
Pursuant to Penal Code section 933.05, the Grand Jury requests responses as follows:
From the following individuals:
Executive Director, NVTA: F1 through F6 and R2 through R6.
From the following governing bodies:
Board of Supervisors; F1, F2, F3, and R1, R2, R3, R6.
NVTA Board of Directors; F1 through F6 and R2 through R6.
COMMENDATIONS
The Grand jury commends:
1. The NVTA management, staff and Board members for being very helpful and responsive
with all Grand Jury requests to discuss the issues, and for quickly providing all additional
information upon request.
2. The NVTA for its progress in proving how a unique public- private partnership can work to develop and implement the Napa Valley Vine Trail.
DISCLAIMER
Reports issued by the Grand Jury do not identify individuals interviewed. Penal Code section 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the
Grand Jury.
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APPENDIX A – V2040 CAC CONGESTION MITIGATION RECOMMENDATIONS
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APPENDIX B
Results of the Fehr & Peers Travel Behavior Study:
To summarize the travel behavior of visitors, employees, residents, and students who make work
and non-work trips in Napa County:
55% internal (within Napa County) trips:
O Work, recreational or non-work based
45% external (outside Napa County) trips, of which:
O 36% imported/exported, 9% pass-through
O 25% of external trips are generated by workers commuting into Napa County
O Approximately 20,000 imported work trips per day.
The workforce is largely dependent on the wine and tourism industry for jobs (40% of labor force).
The top five fastest growing job sectors in Napa County, which will account for 63% of
the projected job growth, are low wage earning job sectors. The fastest-growing job
sectors in the County are in the hospitality and retail industries which generally pay lower
wages.
There are approximately 71,000 jobs in Napa County and 55,000 housing units. The cost of housing (relatively high cost) and the nature of employment (relatively low wage) in
the County contribute to Napa workers living in more affordable housing elsewhere.
O A person needs to earn $95,000/year to purchase a median-priced $606,000 home.
Napa County annual median income of Napa’s workforce is $38,168.
O The housing/income mismatch will result in more vehicle miles traveled and the
inevitable associated congestion on Napa’s roads. If projections are accurate, this
could result in 30,000 workers commuting into Napa each day by 2040 – a 45%
increase, and an additional 2,000 outbound-commuters or a total of 16,000 daily
trips leaving the County for work over this same time period.
44
14
APPENDIX C
TABLE 3: MTC; PLAN BAY AREA PERFORMANCE TARGETS (JULY 2013)
45
46
47
48
49
50
51
52
53
54
55
56
57
58
July 19, 2017 NVTA Agenda Item 11.4
Continued From: NEW Action Requested: APPROVE
NAPA VALLEY TRANSPORTATION AUTHORITY Board Agenda Letter ______________________________________________________________________
TO: Board of Directors
FROM Kate Miller, Executive Director
REPORT BY: Kate Miller, Executive Director (707) 259-8634| [email protected]
SUBJECT: Regional Measure 3 (RM3) Program Revised Priorities ______________________________________________________________________
RECOMMENDATION That the Napa Valley Transportation Authority (NVTA) Board approve the addition of the Soscol Junction project and approve the revised NVTA Regional Measure 3 program (Attachment 1). COMMITTEE RECOMMENDATION None EXECUTIVE SUMMARY Senate Bill 595 (SB 595) (Beall) is the legislative vehicle for increasing the tolls on the Bay Area state-owned bridges to fund transportation projects. If the bill passes, Regional Measure 3 (RM3) will be placed on the ballot in all nine Bay Area counties in 2018. The initial program developed by NVTA staff and approved by the Board at its March 2017 retreat included $36 million in multi-modal improvements on State Route 221 (SR 221) and State Route 29 (SR 29) (Attachment 1). The NVTA RM3 program also supported State Route 37 (SR 37), Vallejo Ferry operating funds, a clean bus and transit technology program without any specific funding amounts. At this writing, SB 595 is in the Assembly Transportation Committee and a hearing has been scheduled for the week of July 9th. Our state legislators reached out to NVTA Metropolitan Transportation Commission (MTC) Commissioner, Alfredo Pedroza and NVTA staff to refine the program and to bring it more in line with recent developments in the legislature. These discussions culminated in a letter to Senator Dodd (Attachment 2) adding the Soscol Junction project to NVTA’s list of priorities. The RM3 program revision will be presented to the NVTA Board for approval at its July 19th meeting.
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NVTA Agenda Letter Wednesday June 19, 2017 Agenda Item 11.4
Page 2 of 3 ____________________________________________________________________________________ PROCEDURAL REQUIREMENTS 1. Staff Report 2. Public Comment 3. Motion, Second, Discussion and Vote FISCAL IMPACT Is there a Fiscal Impact? No. CEQA REQUIREMENTS ENVIRONMENTAL DETERMINATION: The proposed action is not a project as defined by 14 California Code of Regulations 15378 (State California Environmental Quality Act (CEQA) Guidelines) and therefore CEQA is not applicable. BACKGROUND AND DISCUSSION On December 14, 2016 MTC held its annual Commission Workshop, which included a Regional Measure 3 discussion. Regional Measure 3 is a proposed bridge toll increase on Bay Area Toll Bridges that would be placed on the ballot in 2018 and include all 9 Bay Area counties. Legislation (SB 595-Beall) was introduced this year to raise tolls by $1-3 on the 7 state-owned Bay Area bridges which if passed, Regional Measure 3 will be placed on the ballot in 2018 for voter approval. MTC/BATA (Bay Area Toll Authority) has successfully passed two previous regional measures which combined have raised roughly $3 billion for critical infrastructure projects; Regional Measure 1 in 1998 and Regional Measure 2 in 2004. The former raised $2.4 billion for bridge and highway improvements and the latter $1.5 billion for primarily transit projects that relieved congestion in the bridge corridors. A $1 toll would generate $127 million annually and is projected to generate $1.7 billion based on a 25-year bond. A $2 toll would generate $254 million annually and is projected to generate $3.3 billion based on a 25-year bond. A $3 toll would generate $381 million annually and is projected to generate $5 billion based on a 25-year bond. Napa residents pay roughly 2% of the tolls and are 2% of the region’s voters. NVTA staff is recommending that the NVTA board approve the addition of the Soscol Junction project and approve the revised NVTA Regional Measure 3 program (Attachment 1). The projects respond to the criteria laid out in MTC’s draft principles and would make considerable improvements to Napa’s most congested corridors: SR 29, and SR 221.
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NVTA Agenda Letter Wednesday June 19, 2017 Agenda Item 11.4
Page 3 of 3 ____________________________________________________________________________________ SUPPORTING DOCUMENTS Attachment(s): (1) Revised Regional Measure 3 Priority List
(2) July 5, 2017 Letter to Senator Dodd/Revised Regional Measure 3 Priority List (3) July 6, 2017 Letter to Assemblyman Jim Frazier SB595 (Beall) Toll Bridge Revenue Support
61
Revised Regional Measure 3 Program
1 | P a g e TS 5/29/2014
NVTA Project Priorities
Project Title Project Description Project Cost Soscol Junction Build new interchange at SR 29 and SR 221
(Soscol) $35 million
SR 29/SR 221 Multi-Modal Improvements
SR 29 and SR 221 multi-modal operational improvements including multiple intersection upgrades, signals, sidewalks and bicycle facilities, and express bus facilities.
$36 million
Multi-County/Regional Priorities
Project Title Project Description Project Cost SR 37 Upgrades Capital investments to reduce sea-level rise
and congestion on SR 37. No Specific Request
Vallejo Ferry Operations Increase service frequency No Specific Request
Transit Clean Vehicle Program Vehicles, Fueling Infrastructure No Specific Request
Transit Technology Program Improve communications, predictability to encourage transit ridership
No Specific Request
ATTACHMENT 1 NVTA Agenda Item 11.4
July 19, 2017
62
ATTACHMENT 2NVTA Agenda Item 11.4
July 19, 2017
63
ATTACHMENT 3NVTA Agenda Item 11.4
July 19, 2017
64
July 19, 2017 NCTPA Agenda Item 11.5
Continued From: New Action Requested: APPROVE
NAPA VALLEY TRANSPORTATION AUTHORITY Board Agenda Letter ______________________________________________________________________
TO: Board of Directors
FROM: Kate Miller, Executive Director REPORT BY: Danielle Schmitz, Program Manager-Planning
(707) 259-5968 / Email: [email protected]
SUBJECT: 2018 Regional Transportation Improvement Program (RTIP) Call for Projects
______________________________________________________________________
RECOMMENDATION That the Napa Valley Transportation Authority (NVTA) Board (1) Open a Call for Projects for the 2018 Regional Transportation Improvement Program (RTIP), (2) prioritize available RTIP funding to previous commitments under the 2014 STIP and (3) approve advancing up to $40 million in State Transportation Improvement Program (STIP) funding to complete two projects – Soscol Junction ($35 million) and Devlin Road Extension Segment H ($5 million). COMMITTEE RECOMMENDATION At their July 13th meeting the TAC recommended the NVTA Board open the RTIP Call for Projects, prioritize available RTIP funding to previously deferred commitments and advance funding for Soscol Junction ($35 million). The TAC did not support advancing STIP funding for Devlin Road Extension Segment H. The TAC expressed support for the NVTA 2015 STIP Policy of prioritizing STIP funding specifically for large capital projects on the State Highway System. EXECUTIVE SUMMARY The STIP is a multi-year capital improvement program comprised of transportation projects on and off the State Highway System, funded with revenues from the State Highway Account and other funding sources. The STIP is composed of two sub-elements: the Regional Transportation Improvement Program (RTIP) and the Interregional Transportation Improvement Program (ITIP). The 2016 STIP resulted in rescinding project funding from NVTA. The current 2018 STIP proposal would prioritize projects deferred in the 2016 STIP or like project fund
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NVTA Agenda Letter Wednesday July 19, 2017 Board Agenda Item 11.5
Page 2 of 4
amounts for those project sponsors affected. NVTA staff is also recommending that the NVTA board approve a proposal that would advance up to $40 million in Napa County shares to construct the Soscol Junction project and complete the parallel route, Devlin Road Segment H. Soscol Junction is a new priority for NVTA’s Regional Measure 3 (RM3) program. Should RM3 pass and Soscol Junction receive funding, NVTA staff proposes that a secondary 2018 RTIP program be developed that would move forward in lieu of funding all or part of Soscol Junction. Staff will also be seeking Senate Bill 1 and other competitive grant funds to minimize project cost impacts on Napa’s future RTIP County Shares. Staff is asking for the jurisdictions to submit their new STIP projects by Friday, August 18th. PROCEDURAL REQUIREMENTS 1. Staff Report 2. Public Comment 3. Motion, Second, Discussion and Vote FISCAL IMPACT Is there a Fiscal Impact? No. CEQA REQUIREMENTS ENVIRONMENTAL DETERMINATION: The proposed action is not a project as defined by 14 California Code of Regulations 15378 (California Environmental Quality Act (CEQA) Guidelines) and therefore CEQA is not applicable. BACKGROUND AND DISCUSSION As the Regional Transportation Planning Agency (RTPA) for the Bay Area, the Metropolitan Transportation Commission (MTC) is responsible for developing regional project priorities for the 9-County Bay Area RTIP. The biennial RTIP is then submitted to the California Transportation Commission (CTC) for inclusion in the STIP. MTC, in cooperation with NVTA, the other Bay Area Congestion Management Agencies (CMA) and Caltrans, is currently preparing the 2018 Regional Transportation Improvement Program (RTIP). During the 2014 STIP Call for Projects, NVTA committed to fund the Silverado five-way project but the project was never included in the TIP because the Project Initiation Document (PID) was not complete. Due to funding shortfalls under the 2016 STIP, the CTC had to make project eliminations to Napa’s STIP share. NVTA has also committed up to $150,000i in STIP funds to the County of Napa for the Jameson Canyon mitigation project. The following project commitments have priority for the 2018 STIP:
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NVTA Agenda Letter Wednesday July 19, 2017 Board Agenda Item 11.5
Page 3 of 4
Table 1. Project Name Sponsor Amount Eucalyptus Drive Extension American Canyon $1,665,000 Airport Boulevard Rehab County of Napa 1,332,000 Silverado five-way City of Napa 1,153,000 TBD County of Napa 150,000
Total $4,450,000 In July 2015 the NVTA Board adopted a STIP policy that would prioritize future STIP funds to highway projects (Attachment 2). Prioritizing county STIP funds for highway projects will not only draw light on critical needs but also entice ITIP and State Highway Operations and Protection Program (SHOPP) funds to gap project shortfalls. This strategy is of critical importance since the passage of SB 1 which created a number of new highway programs funded with non-federal funds that NVTA and its JPA members are eligible to receive. Staff is recommending the Board approve advancing up to $40 million in Napa’s future Regional Transportation Improvement Program (RTIP) funds to construct the Soscol Junction Interchange Project at State Route 29 (SR 29) and State Route 221 (SR 221) and complete the parallel route to SR 29, Devlin Road Segment H. These projects would significantly reduce congestion on the SR 29 corridor. With the completion of Devlin Road, freight traffic will be able to bypass SR 29 from south Napa to Green Island Road. The Soscol Junction project is identified as the number one priority project in the SR 29 Gateway Corridor Plan adopted by the NVTA Board and Caltrans. The Soscol Junction project would construct a north/south overpass on SR 29 and construct two roundabouts – one to the east and one to the west of the overpass – to allow multi-modal turning operations on and off SR 29, SR 221 and Soscol Ferry Road. The project is estimated to cost $35 million. The environmental document is currently in its draft stage and NVTA is planning on a final public comment process before it is adopted by NVTA and certified by Caltrans in 2018. NVTA is proposing to complete the Soscol Junction project by combining the advanced STIP dollars with SB 1 funds and local development fees. Devlin Road Segment H is the final segment of Devlin that needs to be complete. The total project cost is $10 million. American Canyon needs $5 million to complete the project. Devlin Road provides a parallel route to SR 29 from south Napa to Green Island Road and will provide a major thoroughfare for freight vehicles. Environmental on Devlin is underway and the project will be ready for construction in 2018. Because of the timing associated with Regional Measure 3 and its potential funding of Soscol Junction, staff is proposing a two tiered programming approach for the 2018 RTIP Call for Projects.
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NVTA Agenda Letter Wednesday July 19, 2017 Board Agenda Item 11.5
Page 4 of 4
Tier 1 – If Regional Measure 3 efforts are not successful and Soscol Junction is not earmarked in the legislation then the NVTA Board advance $40 million in STIP funding for the completion of Soscol Junction and Devlin Road Segment H (after commitments in Table 1 are met). This would be approximately 4-5 STIP cycles of funding, and would tie up STIP funding until 2029-2031 timeframe. Tier 2 - If Regional Measure 3 efforts are successful and Soscol Junction is earmarked in legislation a new slate of projects are programmed for the 2018 RTIP. Staff is proposing to move forward with the Tier 1 option but have a back-up 2018 RTIP program of projects which would move forward if RM 3 efforts are successful and Soscol Junction receives funding. In an effort to have a back-up program of projects staff is asking jurisdictions to submit new projects no later than Friday, August 18th. SUPPORTING DOCUMENTS Attachment: (1) 2018 Draft STIP Fund Estimate
(2) Resolution No. 15-17 Napa County STIP Policy Adopted in 2015 (3) 2018 STIP Guidelines http://www.catc.ca.gov/programs/STIP/2018_STIP/062717_Draft_2018_STIP_Guidelines.pdf (4) 2016 Summary of STIP County Shares (5) Draft Letter to MTC Requesting Advancement of STIP Funds
i The total STIP commitment is $300,000 of which up to $150,000 will be funded by NVTA and up to $150,000 will be funded by Solano Transportation Authority.
68
2018 Draft STIP Fund EstimateCounty and Interregional Shares
Table 2. Summary of Targets and Shares($1,000)
June 27, 2017
Base Total Target Maximum APDEShare Target Estimated Share Shares
County Through 2019-20 through 2022-23 through 2023-24 Available
Alameda 8,789 48,461 66,721 8,954Alpine 655 3,329 3,871 266Amador 1,049 3,726 4,958 604Butte 3,617 11,544 15,193 1,789Calaveras 1,500 4,701 6,174 722Colusa 0 2,382 3,357 478Contra Costa 15,078 71,170 83,658 6,123Del Norte 0 0 0 0El Dorado LTC 0 314 2,837 1,238Fresno 16,616 58,327 72,088 6,748Glenn 1,233 5,434 6,455 501Humboldt 0 6,954 10,627 1,802Imperial 0 2,147 8,677 3,202Inyo 1,319 12,321 17,385 2,483Kern 20,747 60,967 79,478 9,077Kings 0 0 0 0Lake 199 3,663 5,258 782Lassen 2,818 12,345 14,679 1,144Los Angeles 74,946 315,056 425,567 54,191Madera 0 0 0 0Marin 0 0 0 0Mariposa 1,152 4,848 5,803 468Mendocino 0 3,000 6,430 1,682Merced 5,451 32,012 36,525 2,213Modoc 1,504 4,222 5,467 611Mono 4,543 19,490 23,252 1,845Monterey 7,846 30,947 37,445 3,186Napa 2,714 11,398 13,646 1,102Nevada 0 1,455 3,387 948Orange 41,084 118,591 152,615 16,684Placer TPA 0 0 0 0Plumas 1,680 9,416 10,808 682Riverside 35,963 104,585 134,368 14,605Sacramento 20,880 68,487 85,779 8,479San Benito 0 0 0 0San Bernardino 41,675 137,263 171,777 16,925San Diego 37,186 122,059 161,122 19,155San Francisco 0 16,137 25,400 4,542San Joaquin 11,316 38,920 48,292 4,596San Luis Obispo 8,300 24,092 30,966 3,371San Mateo 11,382 50,547 59,973 4,622Santa Barbara 3,678 20,479 28,211 3,792Santa Clara 20,982 67,920 89,523 10,594Santa Cruz 4,507 17,389 21,122 1,830Shasta 1,718 10,401 14,398 1,960Sierra 798 2,687 3,348 324Siskiyou 2,611 8,566 11,307 1,344Solano 6,833 23,493 29,152 2,775Sonoma 0 0 5,180 1,637Stanislaus 874 17,090 24,023 3,400Sutter 491 3,954 5,547 781Tahoe RPA 0 0 0 0Tehama 2,453 11,882 13,913 996Trinity 1,572 4,702 6,143 706Tulare 10,359 29,391 37,969 4,207Tuolumne 1,781 5,316 6,907 780Ventura 13,832 58,981 70,437 5,617Yolo 4,033 15,958 19,298 1,638Yuba 500 3,157 4,380 600
0Statewide Regional 458,264 1,721,676 2,230,896 248,801
0Interregional 155,779 537,699 713,480 86,197
0TOTAL 614,043 2,259,375 2,944,376 334,998
New CapacityStatewide SHA Capacity 2,418,118Statewide PTA Capacity (158,748) Total STIP Capacity 2,259,370
2018 STIP Programming
ATTACHMENT 1NVTA Agenda Item 11.5
July 19, 2017
69
2018 Draft Fund Estimate County and Interregional Shares
Table 4. Calculation of New Programming Targets and Shares - Total($1,000's)
June 27, 2017
Add Back
CountyUnprogrammed
BalanceBalance
AdvancedFormula
DistributionLapses 2015-16
& 2016-17Net Share
(Total Target)Net
Advance
Alameda 8,789 0 39,672 0 48,461 0Alpine 2,150 0 1,179 0 3,329 0Amador 1,049 0 2,677 0 3,726 0Butte 3,617 0 7,927 0 11,544 0Calaveras 1,500 0 3,201 0 4,701 0Colusa 0 (2) 2,118 266 2,382 0Contra Costa 44,039 0 27,131 0 71,170 0Del Norte 0 (9,392) 1,978 0 0 (7,414)El Dorado LTC 0 (5,170) 5,484 0 314 0Fresno 28,428 0 29,899 0 58,327 0Glenn 3,215 0 2,219 0 5,434 0Humboldt 0 (1,029) 7,983 0 6,954 0Imperial 0 (12,043) 14,190 0 2,147 0Inyo 1,319 0 11,002 0 12,321 0Kern 20,747 0 40,220 0 60,967 0Kings 0 (17,145) 5,909 0 0 (11,236)Lake 199 0 3,464 0 3,663 0Lassen 7,275 0 5,070 0 12,345 0Los Angeles 74,946 0 240,110 0 315,056 0Madera 0 (13,688) 5,498 0 0 (8,190)Marin 0 (32,447) 7,418 0 0 (25,029)Mariposa 2,768 0 2,073 7 4,848 0Mendocino 0 (4,452) 7,452 0 3,000 0Merced 22,204 0 9,808 0 32,012 0Modoc 1,516 0 2,706 0 4,222 0Mono 11,316 0 8,174 0 19,490 0Monterey 16,829 0 14,118 0 30,947 0Napa 6,514 0 4,884 0 11,398 0Nevada 0 (2,744) 4,199 0 1,455 0Orange 44,666 0 73,925 0 118,591 0Placer TPA 0 (35,212) 10,104 0 0 (25,108)Plumas 6,393 0 3,023 0 9,416 0Riverside 39,874 0 64,711 0 104,585 0Sacramento 30,917 0 37,570 0 68,487 0San Benito 0 (4,834) 2,600 0 0 (2,234)San Bernardino 62,274 0 74,989 0 137,263 0San Diego 37,186 0 84,873 0 122,059 0San Francisco 0 (3,989) 20,126 0 16,137 0San Joaquin 18,558 0 20,362 0 38,920 0San Luis Obispo 8,557 0 14,935 600 24,092 0San Mateo 30,068 0 20,479 0 50,547 0Santa Barbara 3,678 0 16,801 0 20,479 0Santa Clara 20,982 0 46,938 0 67,920 0Santa Cruz 9,279 0 8,110 0 17,389 0Shasta 1,718 0 8,683 0 10,401 0Sierra 1,151 0 1,436 100 2,687 0Siskiyou 2,611 0 5,955 0 8,566 0Solano 11,198 0 12,295 0 23,493 0Sonoma 0 (16,876) 15,104 0 0 (1,772)Stanislaus 874 0 15,063 1,153 17,090 0Sutter 491 0 3,463 0 3,954 0Tahoe RPA 0 (4,337) 2,014 0 0 (2,323)Tehama 7,468 0 4,414 0 11,882 0Trinity 1,572 0 3,130 0 4,702 0Tulare 10,751 0 18,640 0 29,391 0Tuolumne 1,781 0 3,455 80 5,316 0Ventura 34,092 0 24,889 0 58,981 0Yolo 8,702 0 7,256 0 15,958 0Yuba 500 0 2,657 0 3,157 0
Statewide Regional 653,761 (163,360) 1,145,763 2,206 1,721,676 (83,306)
Interregional 155,779 0 381,920 0 537,699 0
TOTAL 809,540 (163,360) 1,527,683 2,206 2,259,375 (83,306)
Statewide SHA Capacity 2,418,118Statewide PTA Capacity (158,748) Total 2,259,370
2018 STIP Share through 2022-23Net Carryover
70
2018 DRAFT STIP FUND ESTIMATE County and Interregional Shares
Table 7 - Planning, Programming and Monitoring (PPM) Limitations($1,000's)
June 27, 2017
2016 STIP 2018 STIP Total
County 2020-21 2020-21 through 2022-23
2020-21 through 2022-23
2020-21 through 2022-23
Alameda 0 39,672 39,672 1,984Alpine 0 945 945 47Amador 0 2,145 2,145 107Butte 0 6,342 6,342 317Calaveras 0 2,556 2,556 128Colusa 0 1,698 1,698 85Contra Costa 0 21,752 21,752 1,088Del Norte 0 1,585 1,585 79El Dorado LTC 0 4,448 4,448 222Fresno 0 23,939 23,939 1,197Glenn 0 1,778 1,778 89Humboldt 0 6,391 6,391 320Imperial 0 11,287 11,287 564Inyo 0 8,784 8,784 439Kern 0 32,269 32,269 1,613Kings 0 4,735 4,735 237Lake 0 2,776 2,776 139Lassen 0 4,064 4,064 203Los Angeles 0 192,230 192,230 9,612Madera 0 4,405 4,405 220Marin 0 5,945 5,945 297Mariposa 0 1,662 1,662 83Mendocino 0 5,968 5,968 298Merced 0 7,859 7,859 393Modoc 0 2,168 2,168 108Mono 0 6,526 6,526 326Monterey 0 11,314 11,314 566Napa 0 3,914 3,914 196Nevada 0 3,365 3,365 168Orange 0 59,263 59,263 2,963Placer TPA 0 8,070 8,070 404Plumas 0 2,423 2,423 121Riverside 0 52,400 52,400 2,620Sacramento 0 30,109 30,109 1,505San Benito 0 2,084 2,084 104San Bernardino 0 60,246 60,246 3,012San Diego 0 67,349 67,349 3,367San Francisco 0 16,132 16,132 807San Joaquin 0 16,319 16,319 816San Luis Obispo 0 12,017 12,017 601San Mateo 0 16,417 16,417 821Santa Barbara 0 13,532 13,532 677Santa Clara 0 37,760 37,760 1,888Santa Cruz 0 6,504 6,504 325Shasta 0 6,960 6,960 348Sierra 0 1,151 1,151 58Siskiyou 0 4,772 4,772 239Solano 0 9,852 9,852 493Sonoma 0 12,113 12,113 606Stanislaus 0 12,072 12,072 604Sutter 0 2,782 2,782 139Tahoe RPA 0 1,477 1,477 74Tehama 0 3,538 3,538 177Trinity 0 2,508 2,508 125Tulare 0 14,911 14,911 746Tuolumne 0 2,773 2,773 139Ventura 0 20,134 20,134 1,007Yolo 0 5,815 5,815 291Yuba 0 2,130 2,130 107
Statewide 0 926,135 926,135 46,307
Note: Limitation amounts include amounts already programmed.
5% PPM LimitationTotal
71
ATTACHMENT 2NVTA Agenda Item 11.5
July 19, 2017
72
2016 SUMMARY OF STIP COUNTY SHARESDoes Not Include ITIP Interregional Share Funding (See Separate Listing)
($1,000's)
California Transportation Commission Napa
Page 31 of 63
8/15/2016
Total County Share, June 30, 2015 (from 2015 Report) 16,474Adjustment for 2013-14 and 2014-15 lapses 215Less 2014-15 Allocations and closed projects (1,458)Less Projects Lapsed, July 1, 2015-June 30, 2016 02016 STIP Fund Estimate Formula Distribution 0Total County Share, June 30, 2016 15,231
Project Totals by ComponentAgency Rte PPNO Project Ext Del. Voted Total Prior 16-17 17-18 18-19 19-20 20-21 R/W Const E & P PS&E R/W Sup Con Sup
Highway Projects:MTC 2130 Planning, programming, and monitoring SB 184 Aug-15 14 14 0 0 0 0 0 0 14 0 0 0 0Napa TPA 1003E Planning, programming, and monitoring SB 184 Aug-15 69 69 0 0 0 0 0 0 69 0 0 0 0American Cyn loc 2130D Devlin Rd & Vine Trail Extension SOF Oct-15 297 297 0 0 0 0 0 0 0 297 0 0 0City of Napa loc 2130F California Av Roundabouts (ext 6-15) Aug-16 Jun-16 431 431 0 0 0 0 0 431 0 0 0 0 0Caltrans 12 376 Rt 12/29/221 Soscol intersection separation 6,300 6,300 0 0 0 0 0 0 0 4,800 1,500 0 0Calistoga loc 2130M Rt 128/Petrified Forest Rd Intersection Improv. 580 0 105 50 425 0 0 50 425 0 105 0 0American Cyn loc 2130E Eucalyptus Drive Extension 1,154 0 0 0 0 0 1,154 0 1,154 0 0 0 0City of Napa loc 2130F California Av Roundabouts 1,070 0 0 1,070 0 0 0 0 1,070 0 0 0 0MTC 2130 Planning, programming, and monitoring 46 0 15 15 16 0 0 0 46 0 0 0 0Napa TPA 1003E Planning, programming, and monitoring 275 0 110 165 0 0 0 0 275 0 0 0 0
Subtotal, Highway Projects 10,236 7,111 230 1,300 441 0 1,154 481 3,053 5,097 1,605 0 0
Bicycle and Pedestrian Projects:Yountville loc 2130N Hopper Creek Pedestrian Path (Oak Circle-Mission) 500 0 0 0 100 400 0 0 400 0 100 0 0
Subtotal, Bike & Ped Projects 500 0 0 0 100 400 0 0 400 0 100 0 0
Total Programmed or Voted since July 1, 2015 10,736
Balance of STIP County Share, NapaTotal County Share, June 30, 2016 15,231Total Now Programmed or Voted Since July 1, 2015 10,736 Unprogrammed Share Balance 4,495 Share Balance Advanced or Overdrawn 0
NapaProject Totals by Fiscal Year
ATTACHMENT 4NVTA Agenda Item 11.5
July 19, 2017
73
74
75
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July 19, 2017 NVTA Agenda Item 11.6
Continued From: New Action Requested: APPROVE
NAPA VALLEY TRANSPORTATION AUTHORITY Board Agenda Letter ______________________________________________________________________
TO: Board of Directors
FROM: Kate Miller, Executive Director REPORT BY: Rebecca Schenck, Transportation Program Planner & Policy Analyst
(707) 259-8636 / Email: [email protected]
SUBJECT: Authorization to Award Napa Valley Transportation Authority (NVTA) Agreement No. 17-15 to Kimley-Horn and Associates, Inc. for the Vine Transit Maintenance Facility Architecture & Engineering Design Services
______________________________________________________________________
RECOMMENDATION That the Napa Valley Transportation Authority (NVTA) Board:
1) Authorize the Executive Director to award Agreement No. 17-15 for Architecture & Engineering Design Services to Kimley-Horn and Associates, Inc. for the Vine Transit Bus Maintenance Facility Project; and
2) Authorize a funds appropriation in an amount not to exceed $2,726,435; and 3) Authorize the Executive Director or designee to execute contract documents
subject to review by legal counsel. COMMITTEE RECOMMENDATION None EXECUTIVE SUMMARY NVTA issued Request for Proposals 2017-04 on May 26, 2017 for Architectural & Engineering Design Services for the future Vine Transit Bus Maintenance Facility. Six (6) bids were received by the specified deadline with Kimley-Horn and Associates, Inc. considered the best proposal.
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NVTA Agenda Letter Wednesday July 19, 2017 Agenda Item11.6
Page 2 of 6
PROCEDURAL REQUIREMENTS 1. Staff Report 2. Public Comments 3. Motion, Second, Discussion and Vote FISCAL IMPACT Is there a Fiscal Impact? Yes. See Table 1 for the Expenditure and Financing Plan. A five percent (5%) contingency has been added to allow for minor variations within the project scope. Table 1: Expenditure and Financing Plan Expenditure Plan Amount
Professional Fees $2,596,605 95% Contingency (5%) $129,830 5%
Total Project Budget $2,726,435 100% Financing Plan
Transportation Development Act Funds (or equivalent)
$2,226,435 81.7%
Congestion Management Agency (CMA-STP) Funds (or equivalent)
$500,000 18.3%
Total Appropriations Budget $2,726,435 100% Is it currently budgeted? No. A contract award with the successful proposer will require an additional appropriation of funds and a budget adjustment in Fiscal Year (FY) 2017-18. A budget adjustment will be presented during the next quarterly budget update. Future fiscal impact: Yes, this will be a multiyear contract. Unused balances will be carried forward to the next fiscal year. Consequences if not approved: The design and engineering of the Vine Maintenance Facility will not move forward and construction of the facility will be delayed. CEQA REQUIREMENTS ENVIRONMENTAL DETERMINATION: The proposed action is not a project as defined by 14 California Code of Regulations 15378 (State CEQA Guidelines) and therefore CEQA is not applicable.
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NVTA circulated an Initial Study-Mitigated Negative Declaration in October 2016 to analyze this project in compliance with the California Environmental Quality Act (CEQA). Subsequent to the adoption of the Initial Study-Mitigated Negative Declaration in 2016, NVTA decided to prepare an Initial Study and an Environmental Impact Report (EIR). Therefore, in accordance with the State CEQA Guidelines (14 California Code of Regulations [CCR] Section 15082), NVTA prepared a notice of preparation (NOP) to inform agencies and interested parties that an EIR would be prepared for the above referenced project. The comment period on the NOP ended on June 12, 2017 and the comments are currently being incorporated into an EIR document for circulation. Adoption of the EIR is expected in the Fall of 2017. NVTA is also concurrently pursing a federal National Environmental Policy Act (NEPA) Categorical Exclusion which is currently under review by the Federal Transit Administration. BACKGROUND AND DISCUSSION NVTA has a need for a new transit maintenance yard. The purpose of the new Vine Transit Bus Maintenance Facility is to enhance the performance of public transportation services provided by NVTA. This new facility will reduce the operating cost of the service by providing preventative maintenance care for the vehicles. When completed, the newly built transit maintenance facility will include:
• Maintenance building with up to 8 bays • Administration building • Parking and storage for up to 97 public transit vehicles of various sizes • 75 visitor and employee parking • Compliance with all building and design standards and regulations including
ADA. The RFP Process NVTA issued a Request for Proposals (RFP) to find qualified consultants for professional architectural and engineering design services on May 26, 2017. The scope of services included project management, planning, developing biddable construction documents, specifications, and plans, and developing a construction cost estimate while being involved with construction phase services. The consultant will also provide professional assistance during the bidding process, bid evaluation, and assistance with the selection of a construction contractor. Services during the construction phase will include submittal review and field observations, as needed. The solicitation was listed in the print editions of the Napa Valley Register, the San Francisco Chronicle, and the Sacramento Bee. Online solicitations were posted on publicpurchase.com and NVTA’s website. Publicpurchase.com noted the RFP was viewed 118 times and downloaded 94 times. NVTA also directly notified 254 Architectural & Engineering firms listed as Disadvantage Business Enterprises (DBEs)
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and Small Business Enterprises (SBEs) certified by Caltrans as well as on-call engineering firms having existing agreements with NVTA. A non-mandatory pre-proposal conference held on June 8, 2017 at 1:00pm. Twenty-three (23) firms attended the meeting of which fourteen (14) firms were included as primes or sub-consultants in the proposals received. Six (6) proposals were received and accepted by the closing date of June 27, 2017 at 2pm by the following firms:
• Gannett Fleming, Inc. San Francisco, CA • Dreyfuss & Blackford Architects, Inc., Sacramento, CA • Harley Ellis Devereux (HED), San Francisco, CA • Calpo Hom & Dong Architects, Inc. (CH&D), Sacramento, CA • TLCD Architecture, Santa Rosa, CA • Kimley-Horn and Associates, Inc., Sacramento, CA
The Procurement Officer determined that all six (6) firms submitted responsive proposals, as stated in APPENDIX B – PROPOSAL EVALUATION of the RFP. All proposers satisfied the prequalification criteria and entered the evaluation phase of the process. NVTA staff solicited feedback from other firms that attended pre-proposal conference about why they did not submit proposals. The feedback provided a range of reasons including 1) one of the potential primes had too many schedule conflicts near the time when the submittals were due and felt they could not complete a quality proposals on time, 2) some had issues with addressing the items in Addendum #2 prior to the submittal date, 3) some of the sub-consultants were not picked up by prime firms, and 4) the firms had too many proposals that needed to be submitted around the same time so they had to pick proposals for which they felt they were the most competitive. Evaluation The RFP provided that an Evaluation Committee review the proposals. Members of the Committee included NVTA staff and Transdev personnel. Each proposal was evaluated based in on criteria reflected in Table 2:
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Table 2: Evaluation Criteria CRITERIA MAX POINTS Understanding of the work to be done 25
Experience with similar kinds of work, references 20 Quality of staff for work to be done 15 Capability of developing innovative or advanced applications 10
Familiarity with state and federal procedures 10
Financial Responsibility 10
Demonstrated Technical Ability 10 Total 100
The Committee submitted their scoring matrix by the requested July 3, 2017 deadline and reference checks were emailed to contact lists supplied by the Proposers on July 5, 2017. Based on the merits of the bid packages and evaluation scores, Gannett Fleming, Kimley-Horn and Associates, TLCD Architecture, and Harley Ellis and Devereux (HED) were invited for interviews held on July 10, 2017. Dreyfuss & Blackford Architects and Calpo Hom & Dong Architects were notified that they would not be moving forward in the process. Table 3 summarizes results of the evaluation before and after the interview. Table 3: Evaluation Scores
PROPOSER TOTAL SCORE Before Interview
TOTAL SCORE After Interview
Kimley-Horn and Associates, Inc. 92 92 Gannett Fleming, Inc. 89 89 TLCD Architecture 78 80 Harley Ellis and Devereux (HED) 77 82
Dreyfuss & Blackford Architects Inc. 74 NA
Calpo Hom & Dong Architects, Inc. 57 NA Next Steps Upon NVTA Board approval and subject to legal counsel review, the Executive Director will execute a Professional Services Agreement in substantially the same form as Attachment 1, and prepare a “Notice to Proceed” shortly thereafter once all the required supplementary documentation has been received.
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SUPPORTING DOCUMENTS Attachment: (1) Draft Napa Valley Transportation Authority Agreement No. 17-15.
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NAPA VALLEY TRANSPORTATION AUTHORITY (NVTA)
AGREEMENT NO.17-15
THIS AGREEMENT is made and entered into as of this ______day of _____ 2017, by and between the Napa Valley Transportation Authority, a joint powers agency under the laws of the State of California, hereinafter referred to as “NVTA”, and Kimley-Horn and Associates, Inc. whose mailing address is 555 Capitol Mall Suite 300, Sacramento, CA 95814 hereinafter referred to as “CONTRACTOR”;
RECITALS WHEREAS, NVTA wishes to obtain architectural and engineering design services for the future construction of the Transit Maintenance Facility, Sheehy Court, Napa, California; and WHEREAS, NVTA has authorized the NVTA Executive Director to enter into a contract for services at its July 19, 2017, meeting; and WHEREAS, CONTRACTOR is willing and has been determined to be qualified to provide such specialized services to NVTA under the terms and conditions set forth herein;
TERMS NOW, THEREFORE, NVTA hereby engages the services of CONTRACTOR, and CONTRACTOR agrees to serve NVTA in accordance with the terms and conditions set forth herein: 1. Term of the Agreement. The term of this Agreement shall commence on the date first above written and shall expire on December 31, 2020 unless earlier terminated as provided herein, except that the obligations of the parties under “Insurance” and “Indemnification” shall continue in full force and effect after said expiration date or early termination in relation to acts or omissions occurring prior to such dates during the term of the Agreement, and the obligations of CONTRACTOR to NVTA shall also continue after said expiration date or early termination in relation to the obligations prescribed by “Confidentiality,” “Taxes,” and “Access to Records/Retention)”. 2. Scope of Services. CONTRACTOR shall provide NVTA those services set forth in CONTRACTOR’s proposal (Exhibit “A”), attached hereto and incorporated by reference herein. EXHIBIT A is provided solely to describe the services to be provided. Any terms contained in EXHIBIT A that add to, vary or conflict with the terms of this Agreement are null and void.
ATTACHMENT 1 NVTA Agenda Item 11.6
July 19, 2017
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3. Compensation. (a) Rates. In consideration of CONTRACTOR's fulfillment of the promised work, NVTA shall pay CONTRACTOR at the rate set forth in Exhibit “B”, attached hereto and incorporated by reference herein. (b) Expenses. Unless explicitly agreed in writing, no direct expenses, including travel or other expenses, will be reimbursed by NVTA. (c) Maximum Amount. Notwithstanding subparagraphs (a) and (b), the maximum payments under this Agreement shall be a total of NTE $XXX for professional services and expenses; provided, however, that such amounts shall not be construed as guaranteed sums, and compensation shall be based upon services actually rendered. 4. Method of Payment. (a) Invoices. All payments for compensation shall be made only upon presentation by CONTRACTOR to NVTA of an itemized billing invoice in a form acceptable to the NVTA Manager of Finance which indicates, at a minimum, CONTRACTOR's name, address, Social Security or Taxpayer Identification Number, itemization of the hours worked or, where compensation is on a per-task basis, a description of the tasks completed during the billing period, the person(s) actually performing the services and the position(s) held by such person(s), and the approved hourly or task rate. CONTRACTOR shall submit invoices not more often than every 30 days to NVTA Accounts Payable who, after review and approval as to form and content, shall submit the invoice to the NVTA Manager of Finance no later than fifteen (15) calendar days following receipt. (b) Legal status. So that NVTA may properly comply with its reporting obligations under federal and state laws pertaining to taxation, if CONTRACTOR is or becomes a corporation during the term of this Agreement, proof that such status is currently recognized by and complies with the laws of both the state of incorporation or organization and the State of California, if different, shall be maintained on file with the Secretary of NVTA’s Board of Directors at all times during the term of this Agreement in a form satisfactory to the NVTA Manager of Finance. Such proof shall include, but need not be limited to, a copy of any annual or other periodic filings or registrations required by the state of origin or California, the current address for service of process on the corporation or limited liability partnership, and the name of any agent designated for service of process by CONTRACTOR within the State of California. 5. Independent Contractor. CONTRACTOR shall perform this Agreement as an independent contractor. CONTRACTOR and the officers, agents and employees of CONTRACTOR are not, and shall not be deemed, NVTA employees for any purpose, including workers' compensation and employee benefits. CONTRACTOR shall, at CONTRACTOR’s own risk and expense, determine the method and manner by which duties imposed on CONTRACTOR by this Agreement shall be performed; provided, however, that NVTA may monitor the work performed by CONTRACTOR. NVTA shall
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not deduct or withhold any amounts whatsoever from the compensation paid to CONTRACTOR, including, but not limited to amounts required to be withheld for state and federal taxes. As between the parties to this Agreement, CONTRACTOR shall be solely responsible for all such payments. 6. Specific Performance. It is agreed that CONTRACTOR, including the agents or employees of CONTRACTOR, shall be the sole providers of the services required by this Agreement. Because the services to be performed by CONTRACTOR under the terms of this Agreement are of a special, unique, unusual, extraordinary, and intellectual or time-sensitive character which gives them a peculiar value, the loss of which cannot be reasonably or adequately compensated in damages in an action of law, NVTA, in addition to any other rights or remedies which NVTA may possess, shall be entitled to injunctive and other equitable relief to prevent a breach of this Agreement by CONTRACTOR. 7. Insurance. CONTRACTOR shall obtain and maintain in full force and effect throughout the term of this Agreement, and thereafter as to matters occurring during the term of this Agreement, the following insurance coverage: (a) Workers' Compensation insurance. CONTRACTOR will provide workers' compensation insurance as required by law during the term of this Agreement, CONTRACTOR shall provide workers’ compensation insurance for the performance of any of the CONTRACTOR’s duties under this Agreement; including but not limited to, coverage for workers’ compensation and employer's liability and a waiver of subrogation, and shall provide NVTA with certification of all such coverage’s upon request by NVTA’s Risk Manager. (b) Liability insurance. CONTRACTOR shall obtain and maintain in full force and effect during the term of this Agreement the following liability insurance coverage’s, issued by a company licensed (admitted) to transact business in the State of California and/or having a A.M. Best rating of A VII or better: 1. General Liability. Commercial general liability [CGL] insurance coverage (personal injury and property damage) of not less than ONE MILLION DOLLARS ($1,000,000) combined single limit per occurrence, covering liability or claims for any personal injury, including death, to any person and/or damage to the property of any person arising from the acts or omissions of CONTRACTOR or any officer, agent, or employee of CONTRACTOR under this Agreement. 2. Professional Liability/Errors and Omissions. Professional liability/errors and omissions insurance for all activities of CONTRACTOR arising out of or in connection with this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) per claim. 3. Comprehensive Automobile Liability Insurance. Comprehensive automobile liability insurance (Bodily Injury and Property Damage) on owned, hired,
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leased and non-owned vehicles used in conjunction with CONTRACTOR's business of not less than ONE MILLION DOLLARS ($1,000,000) combined single limit per occurrence. (c) Certificates. All insurance coverage’s referenced in 7(b), above, shall be evidenced by one or more certificates of coverage or, with the consent of NVTA's Risk Manager, demonstrated by other evidence of coverage acceptable to NVTA's Risk Manager, which shall be filed by CONTRACTOR with NVTA’s Deputy Executive Director prior to commencement of performance of any of CONTRACTOR's duties; shall be kept current during the term of this Agreement; shall provide that NVTA shall be given no less than thirty (30) days prior written notice of any non-renewal, cancellation, other termination, or material change, except that only ten (10) days prior written notice shall be required where the cause of non-renewal or cancellation is non-payment of premium; and shall provide that the inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, the coverage afforded applying as though separate policies had been issued to each insured, but the inclusion of more than one insured shall not operate to increase the limits of the company's liability. For the commercial general liability insurance coverage referenced in 7(b)(1) and, where the vehicles are covered by a commercial policy rather than a personal policy, for the comprehensive automobile liability insurance coverage referenced in 7(b)(3) CONTRACTOR shall also file with the evidence of coverage an endorsement from the insurance provider naming NVTA, its officers, employees, agents and volunteers as additional insureds and waiving subrogation, and the certificate or other evidence of coverage shall provide that if the same policy applies to activities of CONTRACTOR not covered by this Agreement then the limits in the applicable certificate relating to the additional insured coverage of NVTA shall pertain only to liability for activities of CONTRACTOR under this Agreement, and that the insurance provided is primary coverage to NVTA with respect to any insurance or self-insurance programs maintained by NVTA. The additional insured endorsements for the general liability coverage shall use Insurance Services Office (ISO) Form No. CG 20 09 11 85 or CG 20 10 11 85, or equivalent, including (if used together) CG 2010 10 01 and CG 2037 10 01; but shall not use the following forms: CG 20 10 10 93 or 03 94. Upon request by NVTA’s Risk Manager, CONTRACTOR shall provide or arrange for the insurer to provide within thirty (30) days of the request, certified copies of the actual insurance policies or relevant portions thereof. (d) Deductibles/Retentions. Any deductibles or self-insured retentions shall be declared to, and be subject to approval by, NVTA’s Risk Manager, which approval shall not be denied unless the NVTA's Risk Manager determines that the deductibles or self-insured retentions are unreasonably large in relation to compensation payable under this Agreement and the risks of liability associated with the activities required of CONTRACTOR by this Agreement. At the option of and upon request by NVTA’s Risk Manager if it is determined that such deductibles or retentions are unreasonably high, either the insurer shall reduce or eliminate such deductibles or self-insurance retentions as respects NVTA, its officers, employees, agents and volunteers or CONTRACTOR
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shall procure a bond guaranteeing payment of losses and related investigations, claims administration and defense expenses. 8. Hold Harmless/Defense/Indemnification. To the fullest extent permitted by law, CONTRACTOR shall hold harmless, defend at its own expense, and indemnify NVTA and the officers, agents, employees and volunteers of NVTA from and against any and all liability, claims, losses, damages or expenses, including reasonable attorney's fees, for personal injury (including death) or damage to property, arising from pertaining to, or relating to the negligence, recklessness, or willful misconduct of CONTRACTOR or its officers, agents, employees, volunteers, contractors and subcontractors in rendering services under this Agreement, excluding, however, such liability, claims, losses, damages or expenses arising from the sole negligence or willful acts of NVTA or its officers, agents, employees, volunteers, or other contractors or their subcontractors. Each party shall notify the other party immediately in writing of any claim or damage related to activities performed under this Agreement. The parties shall cooperate with each other in the investigation and disposition of any claim arising out of the activities under this Agreement. 9. Employee Character and Fitness. CONTRACTOR accepts responsibility for determining and approving the character and fitness of its employees (including volunteers, agents or representatives) to provide the services required of CONTRACTOR under this Agreement, including completion of a satisfactory criminal/background check and period rechecks to the extent permitted by law. Notwithstanding anything to the contrary in this Paragraph, CONTRACTOR, shall hold NVTA and its officers, agents and employees harmless from any liability for injuries or damages resulting from a breach of this provision or CONTRACTOR’s actions in this regard. 10. Termination for Cause. If either party shall fail to fulfill in a timely and proper manner that party's obligations under this Agreement or otherwise breach this Agreement and fail to cure such failure or breach within 20 days of receipt of written notice from the other party describing the nature of the breach, the non-defaulting party may, in addition to any other remedies it may have, terminate this Agreement by giving 10 days written notice to the defaulting party in the manner set forth in Paragraph 13 (Notices). NVTA hereby authorizes the NVTA Executive Director to make all decisions and take all actions required under this Paragraph to terminate the Agreement on behalf of NVTA for cause. 11. Termination for Convenience. This Agreement may be terminated by NVTA for any reason and at any time by giving no less than 30 days written notice of such termination and specifying the effective date thereof. NVTA hereby authorizes the NVTA Executive Director to make all decisions and take all actions required under this Paragraph to terminate the Agreement on behalf of NVTA.
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12. Disposition of, Title to and Payment for Work upon Expiration or Termination. (a) Upon expiration of this Agreement or earlier termination of Agreement, all finished or unfinished documents and other materials, if any, and all rights therein shall become, at the option of NVTA, the property of and shall be promptly returned to NVTA, although CONTRACTOR may retain a copy of such work for its personal records only. Unless otherwise expressly provided in this Agreement, any copyrightable or patentable work created by CONTRACTOR under this Agreement shall be deemed a “work made for hire” for purposes of copyright or patent law and only NVTA shall be entitled to claim or apply for the copyright or patent thereof. (b) CONTRACTOR shall be entitled to receive compensation for any satisfactory work completed prior to receipt of the notice of termination or commenced prior to receipt of the notice and completed satisfactorily prior to the effective date of the termination; except that CONTRACTOR shall not be relieved of liability to NVTA for damages sustained by NVTA by virtue of any breach of the Agreement by CONTRACTOR whether or not the Agreement expired or was otherwise terminated, and NVTA may withhold any payments not yet made to CONTRACTOR for purpose of setoff until such time as the exact amount of damages due to NVTA from CONTRACTOR is determined. 13. No Waiver. The waiver by either party of any breach or violation of any requirement of this Agreement shall not be deemed to be a waiver of any such breach in the future, or of the breach of any other requirement of this Agreement. 14. Notices. All notices required or authorized by this Agreement shall be in writing and shall be delivered in person or by deposit in the United States mail, by certified mail, postage prepaid, return receipt requested. Any mailed notice, demand, request, consent, approval or communication that either party desires to give the other party shall be addressed to the other party at the address set forth below. Either party may change its address by notifying the other party of the change of address. Any notice sent by mail in the manner prescribed by this paragraph shall be deemed to have been received on the date noted on the return receipt or five days following the date of deposit, whichever is earlier. NVTA CONTRACTOR Kate Miller Kimley-Horn and Associates, Inc. Executive Director 555 Capitol Mall 625 Burnell Street Suite 300 Napa, CA. 94559 Sacramento, CA 95814 15. Compliance with NVTA Policies on Waste, Harassment, Drug/Alcohol-Free Workplace, and Computer Use. CONTRACTOR hereby agrees to comply, and require its employees and subcontractors to comply, with the following policies, copies of which are on file with the Board Secretary of NVTA and incorporated by reference herein. CONTRACTOR also agrees that it shall not engage in any activities, or permit
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its officers, agents and employees to do so, during the performance of any of the services required under this Agreement, which would interfere with compliance or induce violation of these policies by NVTA employees or contractors. (a) NVTA Policy for Maintaining a Harassment Free Work Environment effective June 18, 2008. (b) NVTA Drug and Alcohol Policy adopted by resolution of the Board of Directors on July 25, 2008. (c) Napa County Information Technology Use and Security Policy adopted by resolution of the Napa County Board of Supervisors on April 17, 2001. To this end, all employees and subcontractor’s of CONTRACTOR whose performance of services under this Agreement requires access to any portion of the NVTA computer network shall sign and have on file with NVTA prior to receiving such access the certification attached to said Policy. (d) NVTA System Safety Program Plan adopted by resolution of the Board of Directors on July 25, 2008. 16. Confidentiality. Confidential information is defined as all information disclosed to CONTRACTOR which relates to NVTA's past, present, and future activities, as well as activities under this Agreement. CONTRACTOR shall hold all such information as CONTRACTOR may receive, if any, in trust and confidence, except with the prior written approval of NVTA, expressed through its Executive Director. Upon cancellation or expiration of this Agreement, CONTRACTOR shall return to NVTA all written and descriptive matter which contains any such confidential information, except that CONTRACTOR may retain for its files a copy of CONTRACTOR’s work product if such product has been made available to the public by NVTA. 17. No Assignments or Subcontracts. (a) A consideration of this Agreement is the personal reputation of CONTRACTOR; therefore, CONTRACTOR shall not assign any interest in this Agreement or subcontract any of the services CONTRACTOR is to perform hereunder without the prior written consent of NVTA, which shall not be unreasonably withheld. The inability of the assignee to provide personnel equivalent in experience, expertise, and numbers to those provided by CONTRACTOR, or to perform any of the remaining services required under this Agreement within the same time frame required of CONTRACTOR shall be deemed to be reasonable grounds for NVTA to withhold its consent to assignment. For purposes of this subparagraph, the consent of NVTA may be given by its Executive Director. (b) Effect of Change in Status. If CONTRACTOR changes its status during the term of this Agreement from or to that of a corporation, limited liability partnership, limited liability company, general partnership, or sole proprietorship, such change in organizational status shall be viewed as an attempted assignment of this Agreement by
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CONTRACTOR. Failure of CONTRACTOR to obtain approval of such assignment under this Paragraph shall be viewed as a material breach of this Agreement. 18. Amendment/Modification. Except as specifically provided herein, this Agreement may be modified or amended only in writing signed by both Parties. In particular, only NVTA, through its Board of Directors in the form of an amendment of this Agreement, may authorize extra and/or changed work beyond the scope of services prescribed by Exhibit “A”. Failure of CONTRACTOR to secure such authorization in writing in advance of performing any of the extra or changed work shall constitute a waiver of any and all rights to adjustment in the contract price or contract time and no compensation shall be paid for such extra work. 19. Interpretation; Venue. (a) Interpretation. The headings used herein are for reference only. The terms of the Agreement are set out in the text under the headings. This Agreement shall be governed by the laws of the State of California without regard to the choice of law or conflicts. (b) Venue. This Agreement is made in Napa County, California. The venue for any legal action in state court filed by either party to this Agreement for the purpose of interpreting or enforcing any provision of this Agreement shall be in the Superior Court of California, County of Napa, a unified court. The venue for any legal action in federal court filed by either party to this Agreement for the purpose of interpreting or enforcing any provision of this Agreement lying within the jurisdiction of the federal courts shall be the Northern District of California. The appropriate venue for arbitration, mediation or similar legal proceedings under this Agreement shall be Napa County, California; however, nothing in this sentence shall obligate either party to submit to mediation or arbitration any dispute arising under this Agreement. 20. Compliance with Laws. CONTRACTOR shall observe and comply with all currently applicable Federal, State and local laws, ordinances, and codes, including but not limited to the Federal laws contained in Attachment 1, and as amended from time to time. Such laws shall include, but not be limited to, the following, except where prohibited by law: (a) Non-Discrimination. During the performance of this Agreement, CONTRACTOR and its subcontractor’s shall not deny the benefits thereof to any person on the basis of sex, race, color, ancestry, religion or religious creed, national origin or ethnic group identification, sexual orientation, marital status, age (over 40), mental disability, physical disability or medical condition (including cancer, HIV and AIDS), nor shall they discriminate unlawfully against any employee or applicant for employment because of sex, race, color, ancestry, religion or religious creed, national origin or ethnic group identification, sexual orientation, marital status, age (over 40), mental disability, physical disability or medical condition (including cancer, HIV and AIDS), or use of family care leave. CONTRACTOR shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination or
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harassment. In addition to the foregoing general obligations, CONTRACTOR shall comply with the provisions of the Fair Employment and Housing Act (Government Code section 12900, et seq.), the regulations promulgated there under (Title 2, California Code of Regulations, section 7285.0, et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (sections 11135-11139.5) and any state or local regulations adopted to implement any of the foregoing, as such statutes and regulations may be amended from time to time. To the extent this Agreement subcontracts to CONTRACTOR services or works required of NVTA by the State of California pursuant to Agreement between NVTA and the State, the applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12990 (a) through (f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are expressly incorporated into this Agreement by reference and made a part hereof as if set forth in full, and CONTRACTOR and any of its subcontractor’s shall give written notice of their obligations there under to labor organizations with which they have collective bargaining or other agreements. (b) Documentation of Right to Work. CONTRACTOR agrees to abide by the requirements of the Immigration and Control Reform Act pertaining to assuring that all newly-hired employees of CONTRACTOR performing any services under this Agreement have a legal right to work in the United States of America, that all required documentation of such right to work is inspected, and that INS Form 1-9 (as it may be amended from time to time) is completed and on file for each employee. CONTRACTOR shall make the required documentation available upon request to NVTA for inspection. (c) Inclusion in Subcontracts. To the extent any of the services required of CONTRACTOR under this Agreement are subcontracted to a third party; CONTRACTOR shall include all of the provisions of this Section, and any applicable Federal provisions contained in Attachment 1 in all such subcontracts as obligations of the subcontractor. (d) Federal Required Clauses. Notwithstanding anything to the contrary in this Agreement, pursuant to 29 C.F.R. 97.36(i), CONTRACTOR is hereby notified of, and shall comply with the requirements and regulations imposed by the Federal Transit Administration for federally funded contracts, to the extent they are applicable to the services to be provided under this Agreement, and as set forth in Attachment 1, attached hereto and incorporated herein by reference. (e) Federal Changes - CONTRACTOR shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in Appendix E for RFP #2017-04 and the Master Agreement between NVTA and FTA, as they may be amended or promulgated from time to time during the term of this contract. CONTRACTOR's failure to so comply shall constitute a material breach of this contract.
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(f) No Obligation by the Federal Government 1. NVTA and CONTRACTOR acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the NVTA, CONTRACTOR, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. 2. CONTRACTOR agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. (g). Disadvantaged Business Enterprises This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs if CONTRACTOR intends to engage any subcontractors. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The agency's overall goal for DBE participation is 2.2%. A separate contract goal has not been established for this procurement. If applicable, CONTRACTOR shall comply with the Disadvantaged Business Enterprise contract provisions/Caltrans Disadvantage Business Enterprise provisions contained in Appendix for RFP # - incorporated herein. (h). Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All relevant contractual provisions required by DOT, as set forth in FTA Circular 4220.1F shall be compiled by the parties. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. CONTRACTOR shall not perform any act, fail to perform any act, or refuse to comply with any (name of grantee) requests which would cause (name of grantee) to be in violation of the FTA terms and conditions. 21. Taxes. CONTRACTOR agrees to file federal and state tax returns or applicable withholding documents and to pay all applicable taxes or make all required withholdings on amounts paid pursuant to this Agreement and shall be solely liable and responsible to make such withholdings and/or pay such taxes and other obligations including, without limitation, state and federal income and FICA taxes. CONTRACTOR agrees to indemnify and hold NVTA harmless from any liability it may incur to the United States or the State of California as a consequence of CONTRACTOR’s failure to pay or withhold, when due, all such taxes and obligations. In the event that NVTA is audited for compliance regarding any withholding or other applicable taxes or amounts,
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CONTRACTOR agrees to furnish NVTA with proof of payment of taxes or withholdings on those earnings. 22. Access to Records/Retention. NVTA, any federal or state grantor agency funding all or part of the compensation payable hereunder, the State Controller, the Comptroller General of the United States, or the duly authorized representatives of any of the above, shall have access to any books, documents, papers and records of CONTRACTOR which are directly pertinent to the subject matter of this Agreement for the purpose of making audit, examination, excerpts and transcriptions. Except where longer retention is required by any federal or state law, CONTRACTOR shall maintain all required records for at least seven (7) years after NVTA makes final payment for any other work authorized hereunder and all pending matters are closed, whichever is later. 23. Authority to Contract. CONTRACTOR and NVTA each warrant hereby that they are legally permitted and otherwise have the authority to enter into and perform this Agreement. 24. Conflict of Interest. (a) Covenant of No Undisclosed Conflict. The parties to the Agreement acknowledge that they are aware of the provisions of Government Code section 1090, et seq., and section 87100, et seq., relating to conflict of interest of public officers and employees. CONTRACTOR hereby covenants that it presently has no interest not disclosed to NVTA and shall not acquire any interest, direct or indirect, which would conflict in any material manner or degree with the performance of its services or confidentiality obligation hereunder, except as such as NVTA may consent to in writing prior to the acquisition by CONTRACTOR of such conflict. CONTRACTOR further warrants that it is unaware of any financial or economic interest of any public officer or employee of NVTA relating to this Agreement. CONTRACTOR agrees that if such financial interest does exist at the inception of this Agreement, NVTA may terminate this Agreement immediately upon giving written notice without further obligation by NVTA to CONTRACTOR under this Agreement. (b) Statements of Economic Interest. CONTRACTOR acknowledges and understands that NVTA has developed and approved a Conflict of Interest Code as required by state law which requires CONTRACTOR to file with the Elections Division of the Napa County Assessor-Clerk Recorder “assuming office”, “annual”, and “leaving office” Statements of Economic Interest as a “consultant”, as defined in section 18701(a)(2) of Title 2 of the California Code of Regulations, unless the NVTA Executive Director has determined in writing that CONTRACTOR, although holding a “designated” position as a consultant, has been hired to perform a range of duties so limited in scope as to not be required to fully comply with such disclosure obligation. CONTRACTOR agrees to timely comply with all filing obligations for a consultant under NVTA’s Conflict of Interest Code unless such a determination is on file on the filing dates for each of the required Statements of Economic Interest. 25. Non-Solicitation of Employees. Each party agrees not to solicit for employment the employees of the other party who were directly involved in the performance of the services
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hereunder for the term of this Agreement and a period of six (6) months after termination of this Agreement except with the written permission of the other party, except that nothing in this Paragraph shall preclude NVTA from publishing or otherwise distributing applications and information regarding NVTA job openings where such publication or distribution is directed to the general public. 26. Third Party Beneficiaries. Nothing contained in this Agreement shall be construed to create any rights in third parties and the parties do not intend to create such rights. 27. Attorney's Fees. In the event that either party commences legal action of any kind or character to either enforce the provisions of this Agreement or to obtain damages for breach thereof, the prevailing party in such litigation shall be entitled to all costs and reasonable attorney's fees incurred in connection with such action. 28. Severability. If any provision of this Agreement, or any portion thereof, is found by any court of competent jurisdiction to be unenforceable or invalid for any reason, such provision shall be severable and shall not in any way impair the enforceability of any other provision of this Agreement. 29. Entirety of Contract. This Agreement constitutes the entire agreement between the parties relating to the subject of this Agreement and supersedes all previous agreements, promises, representations, understandings and negotiations, whether written or oral, among the parties with respect to the subject matter hereof. 30. Extensions Authorized. The Executive Director is delegated authority to execute amendments to extend the term of this Agreement, if needed from time to time. IN WITNESS WHEREOF, this Agreement was executed by the parties hereto as of the date first above written. “NVTA” “CONTRACTOR” KIMLEY-HORN AND ASSOCIATES, INC. By______________________ By________________________ Kate Miller, Executive Director Peter Meyerhofer,P.E., Vice President ATTEST: By_____________________________ By ________________________ Karalyn E. Sanderlin, Board Secretary NAME, Position Approved as to Form: By______________________________ NVTA Counsel
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1. AMENDMENTS Any changes in the activities to be performed under this Agreement shall be incorporated in written amendments, which shall specify the changes in work performed and any adjustments in compensation and schedule. All amendments shall be executed by the NVTA Executive Director or a designated representative and CONTRACTOR. No claim for additional compensation or extension of time shall be recognized unless contained in a duly executed amendment. 2. TERMINATION Contractor’s failure to perform any term or condition of this Agreement as a result of conditions beyond its control such as, but not limited to, war, strikes, fires, floods, acts of God, governmental restrictions, power failures, or damage or destruction of any network facilities or servers, shall not be deemed a breach of this Agreement, and may be cause for termination of the Agreement. 3. RETENTION OF RECORDS Contractor agrees to keep, in accordance with generally accepted accounting principles, all records pertaining to the project for audit purposes for a minimum of three (3) years following final payment to Contractor or four (4) years following the fiscal year of the last expenditure under this Agreement, whichever is longer, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until NVTA, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. 4. AUDITS Contractor agrees to grant NVTA or any agency that provides NVTA with funds for the Project, including but not limited to, the U.S. Department of Transportation, FTA, the Comptroller General of the United States, the State, and their authorized representatives access to Contractor’s books and records for the purpose of verifying that funds are properly accounted for and proceeds are expended in accordance with the terms of the Agreement. All documents shall be available for inspection during normal business hours at any time while the Project is underway, and for the retention period specified herein. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. Contractor further agrees to include in all its third-party contracts hereunder a provision to the effect that the contractor agrees that NVTA, the U.S. Department of Transportation, FTA, the Comptroller General of the United States, the State, or any of their duly authorized representatives shall have access to and the right to examine any directly pertinent books, documents, papers, and records of such subcontractor, during normal business hours, for the term specified above. The term “contract” as used in this clause excludes agreements not exceeding $25,000.
5. LICENSE TO WORK PRODUCTS (reserved) 6. EQUAL EMPLOYMENT OPPORTUNITY/ CIVIL RIGHTS In accordance with Title VI of the Civil Rights Act, as amended (42 U.S.C. § 2000d); Section 303 of the Age Discrimination Act of 1975, as amended (42 U.S.C. § 6102); Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. § 12132; and 49 U.S.C. § 5332 for federally funded projects, Contractor agrees that it will not, on the grounds of race, religious creed, color, national origin, age, physical disability, or sex, discriminate or permit discrimination against any employee or applicant for employment 7. DISADVANTAGED BUSINESS ENTERPRISES (DBE) The requirements of 49 CFR Part 26, Regulations of the U.S. Department of Transportation, apply to this contract. It is the policy of the Napa Valley Transportation Authority to practice nondiscrimination based on race, color, sex, or national origin in the award or performance of this contract. All firms qualifying under this solicitation are encouraged to submit bids/proposals. Award of this contract will be conditioned upon satisfying the requirements of this bid specification. These requirements apply to all bidders/offerors, including those who qualify as a DBE. A DBE contract goal of 0 percent has been established for this contract. The bidder/offeror shall make good faith efforts, as defined in Appendix A, 49 CFR Part 26 (Attachment 1), to meet the contract goal for DBE participation in the performance of this contract. The bidder/offeror will be required to submit the following information: (1) the names and addresses of DBE firms that will participate in the contract; (2) a description of the work that each DBE firm will perform; (3) the dollar amount of the participation of each DBE firm participating; (4) Written documentation of the bidder/offeror’s commitment to use a DBE subcontractor whose participation it submits to meet the contract goal; (5) Written confirmation from the DBE that it is participating in the contract as provided in the commitment made under (4); and (5) if the contract goal is not met, evidence of good faith efforts. The contractor, subrecipient, or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 15 days from the receipt of each payment the prime contract receives from NVTA. The prime contractor agrees further to return retainage payments to each subcontractor within thirty days after the subcontractors work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written
ATTACHMENT 1 – FEDERAL CONTRACT REQUIREMENTS
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approval of the NVTA. This clause applies to both DBE and non-DBE subcontracts. Failure to comply with the terms of this provision may result in any or all of the following actions including but not limited to: 1. A finding of material breach of contract 2. Suspension of payment of invoices 3. Bringing to the attention of the Department of Transportation any false, fraudulent, or dishonest conduct in connection with the program, so that DOT can take the steps (e.g., referral to the Department of Justice for criminal prosecution, referral to the DOT Inspector General, action under suspension and debarment or Program Fraud and Civil Penalties result) provided in 26.109. The obligation of the bidder/offeror is to make good faith efforts. The bidder/offeror can demonstrate that it has done so either by meeting the contract goal or documenting good faith efforts. Examples of good faith efforts are found in Appendix A to Part 26. Forms 1 and 2 should be provided as part of the solicitation documents. 8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS In the event that this project is funded by FTA in whole or in part, all contractual provisions required by DOT, as set forth in FTA Circular 4220.1F are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any NVTA requests which would cause NVTA to be in violation of the FTA terms and conditions. 9. ACCESS REQUIREMENTS FOR INDIVIDUALS WITH DISABILITIES (Reserved) 10. STATE ENERGY CONSERVATION PLAN Contractor shall comply with all mandatory standards and policies relating to energy efficiency that are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. § 6321) 11. DEBARMENT Contractor certifies that neither it nor any of its participants, principals, or subcontractors is or has been debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions, as they are defined in 49 CFR Part 29, by any Federal agency or department. Contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by NVTA. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to NVTA, the Federal Government may pursue available remedies,
including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 12. CLEAN AIR AND WATER POLLUTION ACTS Contractor agrees to comply with the applicable requirements of all standards, orders, or requirements issued under the Clean Air Act (42 U.S.C. § 7401 et seq.), the Clean Water Act (33 U.S.C. § 1251 et seq.), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15). The Contractor agrees to report each violation to NVTA and understands and agrees that NVTA will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance.
13. LOBBYING Contractor agrees to comply with the restrictions on the use of federal funds for lobbying activities set forth in 31 U.S.C. § 1352 and 49 CFR Part 20. In addition, in the event the Agreement exceeds $100,000, Contractor agrees to comply with the Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 and shall file the certification required by 49 CFR Part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award coved by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each proposal or offer exceeding $100,000). 14. INDEMNIFICATION To the fullest extent permitted by law, Contractor shall hold harmless, defend at its own expense, and indemnify NVTA and the officers, agents, employees and volunteers of NVTA from any and all liability, claims, losses, damages or expenses, including reasonable attorney's fees, for personal injury (including death) or damage to property, from claims that to the extent they arise out of, pertain to, or relate to the negligent acts or omissions of Contractor or its officers, agents, employees, volunteers, contractors and subcontractors in rendering professional services under this Agreement which constitute negligence, recklessness, or willful misconduct, excluding, however, such liability, claims, losses,
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damages or expenses arising from the negligence or willful acts of NVTA or its officers, agents, employees or volunteers or any third parties. Notwithstanding the foregoing, the parties agree that Contractor’s obligation to defend the NVTA is solely limited to reimbursing NVTA for its reasonable costs for defending a claim including reasonable attorney’s fee, incurred by NVTA which are ultimately determined to be due to Contractor’s negligence, recklessness or willful misconduct. Each party shall notify the other party immediately in writing of any claim or damage related to activities performed under this Agreement. 15. COMPLIANCE WITH LAWS Contractor shall comply with any and all laws, statutes, ordinances, rules, regulations, and requirements of the federal, state or local government, and any agency thereof, including, but not limited to NVTA, the U.S. DOT and FTA, which relate to or in any manner affect the performance of this Agreement. Those law, statutes, ordinances, rules, regulations, and procedural requirements that are imposed on NVTA as a Recipient of federal or state funds are hereby in turn imposed on Contractor (including, but not limited to, 49 CFR Part 18, “Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments”), and are herein incorporated by this reference and made a part hereof. 16. BUY AMERICA REGULATIONS Contractor agrees to comply with 49 U.S.C. 5323(j) and 49CFR Part 661 which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general wavier. An Offeror must submit to the FTA recipient the appropriate Buy America certification with all proposals on FTA-funded contracts, except those subject to a general wavier. The Buy America Certification may be found on file in the offices of NVTA. Proposals or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors. 17. COMPLIANCE WITH FTA REGULATIONS Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between NVTA and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. 18. DAVIS-BACON ACT (a) Minimum wages (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and
bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and (4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in which the work is performed. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
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(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (v)(A) The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination with 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (1)(iv) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (b) Withholding The NVTA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, Trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the NVTA may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (c) Payrolls and basic records (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program
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is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or Trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and Trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the NVTA for transmission to the Federal Transit Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR part 5. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government printing office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (B) Each payroll submitted shall be accompanied by a "Statement of Compliance,” signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under 29 CFR part 5 and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the Federal Transit Administration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment,
advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (d) Apprentices and Trainees (i) Apprentices - Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman’s hourly rate) specified in the contractors or subcontractors registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of the Wage and Hour Division of the U.S. Department of Labor determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees - Except as provided in 29 CFR 5.16, Trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of Trainees to
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journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every Trainee must be paid at not less than the rate specified in the approved program for the Trainee level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the Trainee program. If the Trainee program does not mention fringe benefits, Trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a Trainee rate who is not registered and participating in a Training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any Trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a Training program, the contractor will no longer be permitted to utilize Trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity - The utilization of apprentices, Trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. (e) Compliance with Copeland Act requirements: The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (f) Subcontracts: The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Federal Transit Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (g) Contract termination: debarment - A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (h) Compliance with Davis-Bacon and Related Act requirements: All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (i) Disputes concerning labor standards: Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such
disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (j) Certification of eligibility: (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. 19 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (a) Overtime requirements: No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (b) Violation; liability for unpaid wages; liquidated damages : In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (c) Withholding for unpaid wages and liquidated damages : The (write in the name of the grantee) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (d) Subcontracts: The contractor or subcontractor shall insert in any subcontracts the clauses set forth in
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paragraphs (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. 20. NO GOVERNMENT OBLIGATION TO THIRD PARTIES (a) Contractor acknowledges and agrees that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to NVTA, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (b) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 21. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACT (a) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (b) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under
the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject 22. CARGO PREFERENCE-U.S.FLAG (a) Agreement Clauses. "Use of United States-flag vessels:
(1) Pursuant to Pub. L. 664 (43 U.S.C. 1241(b)) at least 50 percent of any equipment, materials or commodities procured, contracted for or otherwise obtained with funds granted, guaranteed, loaned, or advanced by the U.S. Government under this agreement, and which may be transported by ocean vessel, shall be transported on privately owned United States-flag commercial vessels, if available. (2) Within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, 'on-board' commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (a)(1) of this section shall be furnished to the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading). (b) Contractor and Subcontractor Clauses. "Use of United States-flag vessels: The contractor agrees- (1) To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment. material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. (2) To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States. a legible copy of a rated, 'on-board' commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (b) (1) of this section to the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading). (3) To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract.
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EXHIBIT A
SCOPE OF WORK CONTRACTOR shall provide NVTA with the following services: II. COMPLIANCE WITH GOVERNMENT CODE SECTION 7550. As required by Government Code section 7550, each document or report prepared by CONTRACTOR for or under the direction of NVTA pursuant to this Agreement shall contain the numbers and dollar amounts of the Agreement and all subcontracts under the Agreement relating to the preparation of the document or written report. The Agreement and subcontract dollar amounts shall be contained in a separate section of the document or written report. If multiple documents or written reports are the subject of the Agreement or subcontracts, the disclosure section may also contain a statement indicating that the total contract amount represents compensation for multiple documents or written report
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July 19, 2017 NVTA Agenda Item 11.7
Continued From: New Action Requested: APPROVE
NAPA VALLEY TRANSPORTATION AUTHORITY Board Agenda Letter ______________________________________________________________________
TO: NVTA Board of Directors
FROM: Kate Miller, Executive Director
REPORT BY: Herb Fredricksen, Program Manager, Engineer (707) 259-5951 / Email: [email protected]
SUBJECT: Authorize the Executive Director to Award a Construction Contract for Board Room Audiovisual Improvements
______________________________________________________________________
RECOMMENDATION That the Napa Valley Transportation Authority (NVTA) Board authorize the Executive Director to award a construction contract for Board Room audiovisual improvements in to the lowest and best bidder in an amount not to exceed $200,000 COMMITTEE RECOMMENDATION None EXECUTIVE SUMMARY The listening and visual presentation experience in the Board Room is sub-standard. Staff has worked with an audiovisual consultant on improving the system and now has specifications and plans to advertise an Invitation to Bids (IFB) for constructing the improvements. The timing of when staff received the design documents was not adequate to release the IFB and award the contract prior to the July NVTA board meeting. In order to implement the improvements when the NVTA Board and Committees are recessed in August, staff requests that authorization be granted to the Executive Director to award a construction contract for the audiovisual improvements in an amount not to exceed $200,000 to the lowest and best bidder. PROCEDURAL REQUIREMENTS 1. Staff Report 2. Public Comments 3. Motion, Second, Discussion and Vote
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NVTA Agenda Letter Wednesday, July 19, 2017 Agenda Item11.7
Page 2 of 3 ___________________________________________________________________________________ FISCAL IMPACT Is there a Fiscal Impact? Yes. Is it currently budgeted? Yes Where is it budgeted? Transportation Development Act Capital Funds Future fiscal impact? No Consequences if not approved? Board Room audio visual improvements will not take place. CEQA REQUIREMENTS ENVIRONMENTAL DETERMINATION: The proposed action is not a project as defined by 14 California Code of Regulations 15378 (California Environmental Quality Act (CEQA) Guidelines) and therefore CEQA is not applicable. BACKGROUND AND DISCUSSION The quality of the user’s experience with the audiovisual equipment in the Board Room is sub-standard. Projected images are washed out and the speaker system provides poor sound due to room acoustics and the location of the existing speakers. Also the layout of the audiovisual control equipment is unconventional, difficult to work with and obsolete. Staff has worked with the acoustical and audiovisual consultants RGD Acoustics to design a new, up to date system, to resolve these issues. Specifications and plans have been produced for new equipment, retaining existing components when feasible. Staff will advertise this work as an Invitation for Bids (IFB) construction project. The timing of the finalized design documents prevented the release of the IFB and award of a contract by the NVTA July meeting and further delays will not allow the work to be completed during the Board recess in August. For that reason, staff is requesting that the Board authorize the Executive Director to award the contract to the lowest and best bidder in an amount not to exceed $200,000. The following is a list of items that will be addressed under this project:
1. The equipment rack will be relocated from the center of the room to the closet in the southwesterly corner of the room. Conduit will be installed in the floor for wiring.
2. The two ceiling suspended side wall projectors will be replaced with wall mounted televisions; one will have video conferencing capabilities.
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NVTA Agenda Letter Wednesday, July 19, 2017 Agenda Item11.7
Page 3 of 3 ___________________________________________________________________________________
3. The ceiling suspended projector near the dais will be replaced with a projector with higher lumens output and a higher contrast ratio.
4. Two loudspeakers will be mounted on the walls and the ceiling speakers will be adjusted to improve the audience’s listening experience.
5. Board seating will have new visual monitors, speakers, microphones and a Request to Speak system. The Board Secretary position will have an audiovisual control panel and the Board Chair will control the Request to Speak system.
6. The guest podium will be relocated to the side of the room and a speaker’s countdown timer will be installed.
7. A camera will be installed for recording meetings. 8. Wi-Fi capacity will be improved. 9. The Granicus controller will be updated for audiovisual replay of meetings.
The work will take place after the contract documents are approved, pending City of Napa permit approval. Other board room improvements that will be completed under separate contract include: painting, carpeting, additional dais seating for staff, and acoustical paneling for portions of the walls. These additional improvements are well within the Executive Director’s spending authority and will be completed under separate contracts. SUPPORTING DOCUMENTS None
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July 19, 2017 NVTA Agenda Item 11.8
Continued From: New Action Requested: APPROVE
NAPA VALLEY TRANSPORTATION AUTHORITY Board Agenda Letter ______________________________________________________________________
TO: NVTA Board of Directors
FROM: Kate Miller, Executive Director
REPORT BY: Matthew Wilcox, Manager of Public Transit (707) 259-8635 / Email: [email protected]
SUBJECT: Adoption of the Fiscal Year (FY) 2016 – 2026 Short Range Transit Plan
______________________________________________________________________
RECOMMENDATION That the Napa Valley Transportation Authority (NVTA) Board adopt the FY 2016- 2026 Short Range Transit Plan (SRTP). COMMITTEE RECOMMENDATION None EXECUTIVE SUMMARY Every four years NVTA must develop and adopt SRTP. The purpose of the SRTP is to assist in providing an outline of the current and future service, as well as, set goals and objectives to ensure transit service remains efficient and effective, to ensure that proposed service can be funded with anticipated revenues, and to update the Vine’s Capital Improvement Plan (CIP). PROCEDURAL REQUIREMENTS 1. Staff Report 2. Public Comments 3. Motion, Second, Discussion and Vote FISCAL IMPACT Is there a Fiscal Impact? No.
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NVTA Agenda Letter Wednesday, July 19, 2017 Agenda Item 10.3
Page 2 of 2 ___________________________________________________________________________________ CEQA REQUIREMENTS ENVIRONMENTAL DETERMINATION: The proposed action is not a project as defined by 14 California Code of Regulations 15378 (California Environmental Quality Act (CEQA) Guidelines) and therefore CEQA is not applicable. BACKGROUND AND DISCUSSION The development of a short range transit plan is a requirement of the Metropolitan Transportation Commission (MTC). It also provides a 10 year snap shot to inform the NVTA board and staff on an approach to deploying transit services and to ensure revenues are available to fund proposed operations. It is further an opportunity to evaluate service parameters and performance measures and targets. The SRTP is developed every four years and covers a ten year planning horizon. MTC provides a list of requirements for each SRTP which includes the following: an overview of the transit system, a section covering the agency’s goals, objectives, and standards, an evaluation of the transit system, an operations plan/budget, and a capital improvement plan. With the knowledge of the impending Comprehensive Operational Analysis (COA) and Express Bus Study the operational plan was limited for this specific SRTP. The COA and Express Bus Studies will provide specific operational changes brought about from more in-depth analysis of the Vine. The SRTP establishes a strategy for deploying service in general terms rather than adjusting specific alignments or timetables. The document will also inform capital decisions and updates Vine performance goals and standards. Implementation of the goals and objectives outlined in the SRTP are subject to available resources, consideration of changes in the operating environment, and subject to on-going Board consideration and approval. SUPPORTING DOCUMENTS Attachment: FY 2016 – 2026 Short Range Transit Plan (due to file size, the document Is available for review on the NVTA website at http://www.nvta.ca.gov/short-range-transit-plan or at the
NVTA Offices, 625 Burnell Street Napa CA)
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July 19, 2017 NVTA Agenda Item 11.9
Continued From: New Action Requested: INFORMATION
NAPA VALLEY TRANSPORTATION AUTHORITY Board Agenda Letter ______________________________________________________________________
TO: Board of Directors
FROM: Kate Miller, Executive Director REPORT BY: Kate Miller, Executive Director
(707) 259-8634 / Email: [email protected]
SUBJECT: Federal and State Legislative Updates and State Bill Matrix ______________________________________________________________________
RECOMMENDATION That the Napa Valley Transportation Authority (NVTA) Board receive the monthly Federal and State Legislative updates, and State Bill Matrix. EXECUTIVE SUMMARY The Board will receive the Federal Transportation Legislative update (Attachment 1) provided by Van Scoyoc Associates, the State Legislative update (Attachment 2), the State Bill Matrix (Attachment 3). FISCAL IMPACT Is there a Fiscal Impact? No SUPPORTING DOCUMENTS Attachments: (1) June 30, 2017 Federal Legislative Update (Van Scoyoc Associates)
(2) July 10, 2017 State Legislative Update (Platinum Advisors) (3) July 10, 2017 State Bill Matrix (Platinum Advisors)
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TO: Kate Miller, NVTA FROM: Steve Palmer, Channon Hanna, and David Haines DATE: June 30, 2017 SUBJECT: Federal Legislative Update The following is a summary of federal legislative activities related to transportation, housing, and environmental issues over the last month. Congressional Hearings DHS FY 2018 Budget. On June 6, the Homeland Security and Governmental Affairs Committee held a hearing to examine the Trump Administration’s FY 2018 budget request for the Department of Homeland Security. DHS Secretary John Kelly was the sole witness. HUD Nominations. On June 6, the Banking, Housing, and Urban Affairs Committee held a hearing to consider Pamela Hughes Patenaude to be Deputy Secretary of Housing and Urban Development. Forest Service Budget Request. On June 7, the Senate Appropriations’ Subcommittee on the Department of the Interior, Environment, and Related Agencies held a hearing to review the FY2018 budget request for the U.S. Forest Service. U.S. Forest Service Chief Tom Tidwell and U.S. Forest Service Acting Director Sheri Elliot were witnesses at the hearing. HUD Budget Request. On June 7, the Senate Appropriations’ Subcommittee on Transportation, Housing and Urban Development, and Related Agencies held a hearing to review the FY2018 budget request for the U.S. Department of Housing & Urban Development. HUD Secretary Ben Carson testified at the hearing. HUD Budget Request. On June 8, the House Appropriations’ Subcommittee on Transportation, Housing and Urban Development, and Related Agencies held a hearing to review the FY2018 budget request for the U.S. Department of Housing & Urban Development. HUD Secretary Ben Carson testified at the hearing. DOT/NTSB Nominations. On June 8, the Commerce, Science and Transportation Committee held a hearing to consider Derek Kan, to be Under Secretary for Policy at DOT; and Robert Sumwalt, to be a Member on the National Transportation Safety Board.
ATTACHMENT 1 NVTA Agenda Item 11.9
July 19, 2017
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Brownfields Program Reauthorization and NAAQS Delay. On June 15, the Energy and Commerce Committee’s Subcommittee on the Environment approved a bill to delay the U.S. Environmental Protection Agency’s (EPA) 2015 National Air Quality Standards (NAAQS) for Ozone and a bill to reauthorize the EPA’s brownfields redevelopment program. ICE & CBP FY 2018 Budget Request. On June 13, the Homeland Security Appropriations Subcommittee held a hearing to examine the FY 2018 budget request for the Immigration and Customs Enforcement (ICE) and the Customs and Border Protection (CBP). Witnesses included Acting ICE Director Thomas Homan, CBP Deputy Executive Assistant Commissioner John Wagner, and Border Patrol Acting Chief Carla Provost. DOT FY 2018 Budget Request. On June 13, the Transportation, Housing and Urban Development Appropriations Subcommittee held a hearing to examine the FY 2018 DOT budget request. Transportation Secretary Elaine Chao testified. EPA Nomination. On June 13, the Environment and Public Works Committee held a hearing to consider the nomination of Susan Bodine to be Assistant Administrator of the Office of Enforcement and Compliance Assurance at U.S. Environmental Protection Agency. DHS Authorization. On June 14, the Homeland Security Committee held a markup of H.R. 2825, the Department of Homeland Security Authorization Act of 2017. Self-Driving Vehicles. On June 14, the Commerce, Science, and Transportation Committee held a hearing to explore automated vehicle technology and hurdles for testing and deployment in the United States. The hearing also examined state and federal roles to ensure safety while promoting innovation and American competitiveness. Witnesses included representatives from the Alliance of Automobile Manufacturers, NVIDIA Corporation, American Center for Mobility, and Mothers Against Drunk Driving. DOT FY 2018 Budget Request. On June 15, the Transportation, Housing and Urban Development Appropriations Subcommittee held a hearing to examine the FY 2018 budget request for the Department of Transportation (DOT). Transportation Secretary Elaine Chao testified. EPA Budget Request. On June 15, the House Appropriations’ Subcommittee on the Interior, Environment, and Related Agencies held a hearing to review the FY2018 budget request for the Environmental Protection Agency. EPA Administrator Scott Pruitt and EPA Senior Advisor to the Administrator Holly Greaves testified at the hearing. Intercity Passenger Rail Service. On Thursday, June 22, the Railroads, Pipelines, and Hazardous Materials Subcommittee of the Transportation and Infrastructure Committee
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held a hearing exploring intercity passenger rail service. Witnesses included representatives from Federal Railroad Administration (FRA), Amtrak, Gateway Program Development Corporation, Florida Coast Industries, and the California High-Speed Rail Authority. EPA Budget Request. On June 27, the Senate Appropriations’ Subcommittee on the Department of the Interior, Environment, and Related Agencies held a hearing to review the FY2018 budget request for the Environmental Protection Agency. EPA Administrator Scott Pruitt and EPA Senior Advisor to the Administrator Holly Greaves testified at the hearing. Self-Driving Vehicle Legislation. On Tuesday, June 27, the Digital Commerce and Consumer Protection Subcommittee held a hearing to examine a series of 14 bills related to automated vehicles. Witnesses included representatives from the following: Alliance of Automobile Manufacturers, Global Automakers, U.S. Chamber of Commerce, George Washington University Law School, Self-Driving Coalition for Safer Streets and Partner, and Consumer Union. The Committee expects to markup these bills in July. DOT General Counsel Nomination. On June 28, the Commerce, Science and Transportation Committee held a hearing on the nomination of Steven Bradbury to be General Counsel at DOT. Housing Finance Reform. On June 29, the Banking, Housing, and Urban Affairs Committee held a hearing to review the principles of housing finance reform. The following groups were represented by witnesses at the hearing: Mortgage Bankers Association, Housing Policy Council of the Financial Services Roundtable, and the Center for Responsible Lending. Transportation Nominations. On June 29, the Commerce, Science, and Transportation Committee approved by voice vote several transportation nominations, some of which included:
• Derek Kan to be Under Secretary of Transportation for Policy, DOT • Robert Sumwalt to be Member of the National Transportation Safety Board
(NTSB). On Thursday, President Trump also nominated Mr. Sumwalt to be the next NTSB Chairman, which will require a separate vote by the Senate.
Executive Branch Infrastructure Week. During the week of June 5, President Trump issued a number of announcements related to his self-described “Infrastructure Week,” including:
• Announced that over ten years, $100 billion to let states and local entities prioritize their own infrastructure needs, $25 billion to grants for rural infrastructure projects, and $15 billion to incentivize “transformative” projects.
• Outlined a “skill-based” workforce education initiative, with the goal of training one million “apprentices” over two years.
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• Created two new entities in the Executive Office of the President to help infrastructure project managers navigate the federal regulatory processes. The first would create a new online dashboard enabling people to track the federal approval process. The second would be a new office in the Council of Environmental Quality that coordinate federal efforts and work with agencies to remove inefficiencies.
Transportation Asset Plan Guidance. On June 5, the Federal Highway Administration (FHWA) posted a notice seeking comments on two draft documents: (1) Transportation Asset Management Plan Development Processes Certification and Recertification Guidance, and (2) Transportation Asset Management Plan Consistency Determination Guidance. These documents provide implementation guidance on provisions of MAP-21 and the Asset Management Final Rule, which requires a State DOTs to develop and implement risk-based asset management plans. System Safety Program. On June 7, FRA published a final rule requiring commuter and intercity passenger railroads to develop and implement a system safety program (SSP) to improve the safety of their operations. The FRA had earlier stayed the SSP final rule's requirements. Transportation Infrastructure; Review of Policy, Guidance, and Regulation. On June 8, DOT published a Notice and Request for Input on DOT policy statements, guidance documents, and regulations that might be obstacles to transportation infrastructure projects. As part of this review, DOT invited stakeholders to identify requirements that DOT imposes and that should be removed or revised. EPA Nominations Request. The Environmental Protection Agency (EPA) announced a public request for nominations of scientific experts from a diverse range of disciplines to be considered for appointment to the Clean Air Scientific Advisory Committee, the EPA Science Advisory Board, and six Science Advisory Board committees. Nominations are due July 27, 2017. FASTLANE Renamed INFRA. On June 28, DOT announced that the program known as Fostering Advancements in Shipping and Transportation for the Long-term Achievement of National Efficiencies (FASTLANE) grant awards program that was authorized in the FAST Act is being renamed the Infrastructure for Rebuilding America (INFRA) grant program. The new program has also been updated to place an emphasis on projects that leverage non-federal funding, including funding from the private sector, and projects that use innovative approaches to permitting and project delivery. DOT has posted a new notice of funding opportunity (NOFO) for FY 2017 and FY 2018, a total of $1.5 billion of funding available, using its newly issued criteria. DOT has said that they plan to award $79 million to small projects (those projects that are between $5 million - $25 million) under the old FASTLANE criteria, but that larger projects will have to re-apply using the new INFRA criteria. Applications are due by October 26, 2017.
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Small Communities Advisory Subcommittee Meeting on Environmental Impacts. On June 29, the Small Communities Advisory Subcommittee (SCAS) met via teleconference to discuss recommendations regarding environmental issues affecting small communities, specifically agricultural issues and recommendations on revising the definition of ‘‘Waters of the U.S.’’ under the Clean Water Act, as well as other environmental issues effecting small communities.
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July 10, 2017 TO: Kate Miller, Executive Director Napa Valley Transportation Authority FR: Steve Wallauch Platinum Advisors RE: Legislative Update Cap & Trade: The California Supreme Court declined to hear the appeal of the appellate court decision that upheld the legality of the state’s cap & trade program. The California Chamber of Commerce and others challenged the cap & trade program as an illegal tax because it was enacted without a 2/3 vote of the legislature. While this will help stabilize the auction program, which has seen volatile swings in the amount of revenue generated, it does not resolve the need to reauthorize or extend the existing auction program beyond 2020 with a 2/3 vote. Proposition 26 was approved by the voters in November 2010, which requires any fee or tax, with limited exception, be imposed by the legislature with a 2/3 vote. Proposition 26 did apply to the cap & trade authority contained in AB 32 because it was enacted prior to January 1, 2010. However, the requirements of Proposition 26 would apply to state laws that extend the cap & trade authority of AB 32 beyond 2020. The 2017-18 budget did not contain the Governor’s requested agreement to extend the cap & trade program with a 2/3 vote, and it did not appropriate any cap & trade auction revenue beyond covering staff costs. The auction revenue allocated to transit programs is “continuously appropriated” and thus not subject to the budget act. Negotiations on extending the auction program continue, however, with guarded expectations that an agreement can be reached and approved before they adjourn for their summer recess. SB 1 Implementation Workshops: The California Transportation Commission (CTC) held a two-day session to kick-off the guideline development process. This initial meeting allowed the Commission to outline their role and to gather comments on issues that should be addressed during the workshop process. The CTC has filled the summer with numerous workshops. A list of the scheduled workshops can be found at:
http://www.catc.ca.gov/programs/SB_1/SB_1_Programs_Implementation_Schedule_070617.pdf
ATTACHMENT 2 NVTA Agenda Item 11.9
July 19, 2017
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Last week the CTC held the first workshop for the Congested Corridors program, which will focus investments in multimodal improvements along the state most congested corridors. While SB 1 includes examples of congested corridor plans, such as the Highway 101/SMART corridor and the Route 91/Metrolink corridor, the main issue for discussion at these workshops is how the guidelines will define a congested corridor. It should not be limited to freeway/ rail corridors, but could also include investments in bus transit service and other improvements along state highways that parallel freeways, and in the Bay Area transit improvements within the bridge corridors.
In addition the California State Transportation Authority (CalSTA) has scheduled workshops to update the guidelines for transit funding programs. This includes updating the Transit and Intercity Rail Program guidelines, the Low Carbon and Transit Operations Program, and the SB 1 funds allocated through the State Transit Assistance (STA) program for “state of good repair” projects. The state of good repair funds are primarily for capital investments, but these funds can be used for transit service that “complements repairs and improvements to the local transportation infrastructure. Exactly what this means will be determined during the guideline development process. To receive these funds operators will be required to submit requests to Caltrans explaining how the funds will be used. The first hearings on all of these transit programs were held earlier this week. CalSTA is expected to release draft guidelines in July as well as hold additional workshops. As with the workshop held in Sacramento on Tuesday, future workshops are expected to be webcast, or at least accessible by phone.
Budget: The Budget bill and numerous trailer bills were approved and sent to the Governor with several hours to spare on June 15th. Earlier this week Governor Brown signed the budget bill and most of the trailer bill. However, there remain a handful of trailer bills still pending and should be on his desk by the end of next week. Once again Governor Brown declined to use of his line item veto authority when enacting the 2017-18 budget. The 2017-18 Budget includes $125.1 billion in General Fund spending, and $9.9 billion in total reserves – $1.4 billion in the regular reserve and $8.5 billion in the Rainy Day Fund. The following highlights the content of transportation funds in the budget bill and relevant trailer bills. Transportation: The Governor’s May Revise for transportation funding focused on implementing SB 1 programs. The approved budget includes $2.8 billion for the various transportation funding programs enacted by SB 1.
• State Transit Assistance (STA) – STA allocations are increased by $305 million, for a total 2017-18 STA allocation of $674 million. This amount includes the SB 1 increase of $280 million, $294 million in base STA formula allocations, and $75 million in cap & trade auction revenue for the Low Carbon Transit Operations Program (LCTOP), and a lingering $25 million in Prop 1B funds that remains available for transit operators.
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• Active Transportation Program (ATP): $100 million will be available for ATP project in 2017-18.
• Transit & Intercity Rail Capital Program (TIRCP): An additional $330 million is available for this program in 2017-18, which includes $85 million loan repayment funds. This would be in addition to the anticipated $150 million in cap & trade auction revenue.
• Intercity & Commuter Rail Program: $25 million will be allocated by CalSTA to intercity and commuter rail operators in 2017-18.
• Local Partnership Program: $200 million for the Local Partnership Program, which would be used to match local transportation sales tax revenue, and voter approved developer fees.
• Congested Corridors Program: $250 million is appropriated to the Congested Corridors Program.
• Trade Corridor Enhancement Program: $200 million for projects improving major trade corridors will be available in 2017-18.
• Local Streets & Roads Funds: $445 million in new SB 1 revenue is expected to be allocated to cities and counties for local street and road maintenance projects.
Cap & Trade – The Budget does not contain the Administration’s proposed extension of the Cap & Trade program. The budget only appropriates cap & trade money sufficient to fund support staff costs. Negotiations are ongoing to reach a deal on reauthorizing the cap & trade program with a 2/3 vote before the legislature adjourns for its summer break.
Budget Trailer Bills:
AB 119 General Government. This bill contains primarily noncontroversial changes related to general government operations; however, there is one section AB 119 that has sparked some debate. Section 2 would create a new process requiring state and local entities to negotiate with union representatives on when, where, and how unions may access new employee orientations. Specifically, the public employer must give the union not less than 10 days’ notice in advance of the orientation. The structure, time, and manner of the union’s access is determined through mutual agreement of the parties. If parties do not reach agreement within a specified time following the initial request to bargain or after the first meeting of the parties, either party may demand compulsory interest arbitration. The decision of the arbitrator is final and binding on the parties. Additionally, the parties split costs of arbitration. AB 115 Transportation: AB 115 is one of two transportation related trailer bills. This bill has been approved and signed into law. AB 115 contained the non-controversial trailer bill proposals released by the Governor as part of the May Revise. This bill includes the SB 1 Clean-up changes, which primary adds language to various sections clarifying the amount of revenue that will be allocated to programs in the 2017-18 fiscal year. This clarification is needed to address the fact that the fuel tax revenue will only be collected for 8 months of the fiscal year. The changes also allow the Controller to
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adjust the amounts allocated in order to “true-up” the allocations during the final months of the fiscal year.
In addition, AB 115 contains the project acceleration provisions. These provisions expand the use of construction manager/general contractor and design-build methods of project delivery. However, the expansion of this authority primarily focuses on the delivery of the projects in Riverside County that were funded in SB 132, which was one of the deal maker bills. This bill also allows for Active Transportation Program projects to be advanced through the use of the letter-of-no-prejudice process. There are several other changes related to the Highway Patrol operations, and the assessment of property originally acquired for the 710 freeway project.
AB 118 Transportation: This transportation trailer was approved by the Assembly this week and is now pending in the Senate. AB 118 includes language to implement the Advanced Mitigation Program, and language to implement the Trade Corridor Enhancement Account.
The Trade Corridor Enhancement Account language generally recasts the existing Trade Corridors Improvement Fund that was created as part of Prop 1B. This renamed account is where 10 cents of the diesel excise tax revenue in SB 1 is deposited, and the federal FAST Act funds are also deposited into this account. The language directs the CTC to develop guidelines that incorporate the following provisions:
• 60% of the funds shall be available for projects nominated by regional transportation agencies and other public agencies. The CTC shall provide reasonable geographic corridor based targets.
• 40% of the funds shall be available for projects nominated by Caltrans in consultation with regional transportation agencies.
• Funds shall not be allocated to a project that includes the purchase of fully automated cargo handling equipment.
• CTC shall prioritize projects jointly nominated by Caltrans and regional or other public agencies.
• The CTC shall consider economic benefits of projects that improve trade corridor mobility and safety while also improving emissions, and in particular reducing negative impacts to disadvantaged communities.
• The CTC may give priority for funding to projects with a higher level of local or other funding commitments.
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July 10, 2017
Existing Positions Bills Subject Status Client - Position
AB 1 (Frazier D) Transportation funding.
AB 1 is Assemblyman Frazier’s renewed effort to address the funding shortfall facing our transportation infrastructure. This bill would generate about $6.6 billion in revenue for the maintenance and rehabilitation of state highways and local streets and roads, as well as provide targeted investments in public transit and good movement corridors.
ASSEMBLY TRANS
SUPPORT
AB 17 (Holden D) Transit Pass Program: free or reduced-fare transit passes.
AB 17 would create the Student Transit Pass Pilot Program to be administered by the Caltrans. As amended by the Assembly Appropriations Committee, the bill now appropriates $20 million from the Public Transportation Account for this program. The amendments also make it a one-time pilot program that directs Caltrans to develop guidelines and competitively award the funds
SENATE TRANS Watch
AB 28 (Frazier D) Department of Transportation: environmental review process: federal pilot program.
AB 28 would re-enact provisions that sunset on December 31st 2016 that delegate the responsibility to Caltrans for complete NEPA review of transportation projects. While this same provision is also in AB 1 and SB 1, AB 28 is an urgency measure that can be moved ahead of any transportation funding agreement.
Signed Into Law Chapter
SUPPORT
AB 317 (Aguiar-Curry D) Napa County; farmworker housing
AB 317 would make the Napa County Farmworker Housing Centers eligible to receive state funds. Specifically, the bill would establish the Napa County Farmworker Centers Account to be administered by the Department of Housing and Community Development to assist in the financing, maintenance, and operation of the Napa County Housing Authority’s Farmworker Centers
SENATE APPR SUPPORT
ATTACHMENT 3 NVTA Agenda Item 11.9
July 19, 2017
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AB 399 (Grayson D) Autonomous vehicles: Contra Costa Transportation Authority: pilot project.
Last year legislation was enacted to authorize the Contra Costa Transportation Authority to conduct a pilot project testing the use of autonomous vehicles on streets that are open to the public, but located within a private business park. AB 399 extends the sunset date on the authority for the pilot project to operate according to existing law, prior to the requirement to then comply with regulations being developed by the DMV. Currently, this pilot program must comply with the DMV regulations within 180 days of the operative date of the regulations. AB 399 extends this “phase-in” period to 12 months.
ASSEMBLY 2 YEAR
SUPPORT
AB 1113 (Bloom D) State Transit Assistance program
AB 1113 has been approved by both houses and is currently pending in enrollment before being sent to the Governor’s desk. This bill is sponsored by the California Transit Association (CTA). This bill is intended to implement corrections to the State Controller’s new interpretation of how State Transit Assistance (STA) funds are allocated. The bill makes several clarifying changes that clean-up the structure of these codes, and in particular specifies that only public transit operators are eligible to receive STA funds directly. It also specifies that when reporting to the Controller an operator’s reportable revenue cannot exceed its expenses for purposes of the STA calculation.
ENROLLMENT SUPPORT
AB 1444 (Baker R) Livermore Amador Valley Transit Authority: demonstration project.
This measure would authorize the Livermore Amador Valley Transit Authority to conduct a demonstration program within the City of Dublin to test the use of autonomous vehicles on public streets.
SENATE APPR SUPPORT
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AB 1454 (Bloom D) Transportation projects: lease agreements.
AB 1454 is now a two-year bill that will not be acted on until the legislature returns in January. This bill was amended to remove the language that deletes the sunset date on the authority for Caltrans and regional transportation agencies to enter into public private partnerships. As amended, the bill merely states that it is the intent of the Legislature to reestablish the public-private partnership process.
ASSEMBLY TWO-YEAR BILL
SUPPORT
ACA 4 (Aguiar-Curry D) Local government financing: affordable housing and public infrastructure: voter approval.
ACA 4 would generally lower the voter threshold to 55% for imposing the following taxes or issuing debt:
• Creates an additional exception to the 1% limit that would authorize a city or county, to levy an ad valorem tax to service bonded indebtedness incurred to fund the construction, reconstruction, rehabilitation, or replacement of public infrastructure or affordable housing.
• Authorizes a local government to
impose, extend, or increase a special tax for the purposes of funding the construction, rehabilitation or replacement of public infrastructure or affordable housing.
ASSEMBLY L. GOV
SUPPORT
SB 1 (Beall D) Transportation funding.
SB 1 contains the Governor’s and Leadership’s transportation funding proposal. This bill would generate about $5.2 billion in revenue for the maintenance and rehabilitation of state highways and local streets and roads, as well as provide targeted investments in public transit and good movement corridors.
Signed Into Law SUPPORT
SB 2 (Atkins D) Building Homes and Jobs Act.
This bill establishes the Building Homes and Jobs Act (Act) and imposes a $75 fee on real estate transaction documents, excluding commercial and residential real estate sales, to provide funding for affordable housing. While SB 2 calls for 50% of the funds to be allocated to directly to local governments, the bill does not
ASSEMBLY DESK
SUPPORT & SEEK AMENDMENTS
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SB 2 (Atkins D) Building Homes and Jobs Act. (cont.)
guarantee that local governments will receive funds. The bill should be amended to provide a return to source for some of these funds.
SB 240 (Dodd D) County service areas: farmworker housing: County of Napa.
SB 240 is currently pending on the Governor’s desk. The Governor has until July 24th to take action on this bill. This bill would increase the limit on the amount of the annual benefit assessment that the Napa County Board of Supervisors may levy from $10 to $15 per planted vineyard acre for the purpose of funding farmworker housing centers.
GOVERNOR’S DESK
SUPPORT
SB 595 (Beall D) Metropolitan Transportation Commission: toll bridge revenues.
SB 595 is the vehicle that would place Regional Measure 3 on the ballot in the Bay Area. SB 595 currently does not specify an expenditure plan, but recent amendments would allow for a toll increase of up to $3. In addition, language was added to dedicate an unspecified percentage of the revenue for transit operations. The transit operations provisions call for performance requirements that are consistent with the performance requirements contained in RM 2.
ASSEMBLY TRANS
Recommended Position: SUPPORT
SB 496 (Cannella R) Indemnity: design professionals.
SB 496 eliminates the ability of a public agency to contract with engineers and architects, known as design professionals, for upfront legal defense costs against claims related to a project’s design work. SB 496 is part of the agreement Senator Cannella reached with leadership for his support of SB 1. Another measure that appropriates $500 million in transportation funds to projects in his district is joined to the passage of SB 496.
Signed Into Law WATCH
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SCA 2 (Newman D) Motor vehicle fees and taxes: restriction on expenditures.
With the passage of ACA 5, SCA 2 was placed on the Inactive File. SCA 2 and ACA 5 are identical and would prospectively prohibit the use of truck weight fees to pay for transportation bonds approved after January 1, 2017. The bill would also expand the protections for Public Transportation Account revenues to also include the 1.75% increase to the diesel fuel sales tax that was enacted as part of the gas tax swap. The ban on borrowing fees and taxes would also apply to any vehicle fees or taxes dedicated to transportation accounts.
SENATE INACTIVE FILE
SUPPORT
SCA 6 (Wiener D) Local transportation measures: special taxes: voter approval.
SCA 6 would allow a local government to impose any special tax with a 55% approval of the voters if the special tax dedicates 100% of the revenues, not including collection and administrative expenses, to transportation programs and projects.
SENATE APPR – SUSPENSE FILE
SUPPORT
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