regular meeting of the mcag governing board
TRANSCRIPT
Regular Meeting of the MCAG Governing Board
Merced County Association of Governments
Transit Joint Powers Authority for Merced County Merced County Regional Waste Management Authority
LOCATION:
County of Merced County Admin Building
Board of Supervisors Chambers 2222 M Street
Merced, CA 95340 (209) 723-3153
Date:
Thursday, December 21, 2017
Time: 3:00 P.M.
Governing Board Members
Director Rodrigo Espinoza, Chairperson Merced County Supervisor Director Alex McCabe, Vice Chairperson Council Member, City of Livingston Director April Hogue Mayor, City of Dos Palos Director Lee Lor Merced County Supervisor Director Daron McDaniel Merced County Supervisor Director Mike Murphy Mayor, City of Merced Director Jerry O’Banion Merced County Supervisor Director Joe Oliveira Council Member, City of Gustine Director Lloyd Pareira Merced County Supervisor Director Jim Price Mayor, City of Atwater Director Mike Villalta Mayor, City of Los Banos
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AGENDA
At least 72 hours prior to each regular MCAG Governing Board meeting, a complete agenda packet is available for review on the MCAG website at www.mcagov.org or at the MCAG office, 369 W. 18th Street, Merced, CA 95340. All public records relating to an open session item and copies of staff reports or other written documentation relating to items of business referred to on the agenda are on file at MCAG. Persons with questions concerning agenda items may call MCAG to make an inquiry regarding the nature of items described on the agenda.
TRANSLATION SERVICES
Translation Services are not provided at MCAG’s public meeting unless requested at least three (3) business days in advance. Please contact Eva Garibay at (209) 723-3153 x 108 during regular business hours to request translation services. Servicios de interpreté no son ofrecidos en las juntas públicas de MCAG al menos de que se soliciten tres (3) días de negoción en anticipación. Para solicitas estos servicios por favor contacte a Eva Garibay al (209) 723-3153 x 108 durante horas de oficina.
INDIVIDUALS WITH DISABILITIES
Representatives or individuals with disabilities should contact MCAG at (209)723-3153 at least three (3) days in advance of the meeting to request auxiliary aids or other accommodations necessary to participate in the public meeting.
PUBLIC COMMENT
Members of the public wishing to address agenda items or comment on any item not on the agenda may do so during agenda item 5 – Public Comment. Persons may also address any item on the agenda during consideration of that item. Comments are limited to three (3) minutes per person. Please state your name and city or community of residence for the record. For items not on the agenda, no action will be taken. If it requires action, the item will be referred to staff and/or placed on the next agenda.
ADDITIONAL INFORMATION
Merced County Association of Governments (209)723-3153 www.mcagov.org Transit Joint Powers Authority for Merced County (209)723-3100 www.mercedthebus.com Merced County Regional Waste Authority (209)723-4481 www.mcrwma.org
Merced Data Special Services (209)723-3153 www.mcaggis.com
Welcome to the MCAG Governing Board Meeting!
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ITEM ACTION STAFF Pg. #
# Attachment + Enclosure
1. Pledge of Allegiance
2. Invocation TBD
3. Roll Call
4. Approval of Agenda Action
5. Public Comment
6. 2017 Excellence in Commuter Options Award -Presentation
Presentation Kari McNickle
7. Dibs Annual Report - Presentation Presentation Kari McNickle
# 8. Minutes Action Pg. 7
a. Regional Waste Management Authority Board meetingfor November 16, 2017
b. Transit Joint Powers Authority for Merced Countymeeting for November 16, 2017
c. Merced County Association of GovernmentsGoverning Board meeting for November 16, 2017
# 9. Citizens Advisory Committee Report Info Jack Jackson Pg. 14
The Citizens Advisory Committee is part of the MercedCounty Association of Governments. Its mission is to be theeyes, ears and the voice of the Citizens of Merced Countyand to make recommendations to the Governing Boardconcerning all areas of transportation.
MERCED COUNTY ASSOCIATION OF GOVERNMENTS
10. Caltrans Report Info Tom Dumas
11. Information/Discussion Only
# a. MCAG Newsletter - December 2017 Pg. 16 # b. Dibs Quarterly Activity Report July - September 2017 Pg. 21 # c. MCAG Governing Board 2018 Meeting Schedule Pg. 26 # d. State Clearinghouse Letter for Central Valley
Opportunity CenterPg. 28
# e. MCAG Financial Report for July 2017 - September 2017(unaudited)
Pg. 39
# f. One Voice Update Pg. 43 # g. Technical Review Board meeting minutes for
December 13, 2017Pg. 46
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ITEM ACTION STAFF Pg. #
# Attachment + Enclosure
12. Consent Agenda Action
# a. 2017 Federal Transportation Improvement Program(FTIP) Formal Amendment No. 10: RepurposedEarmarks, Highway Bridge Program, FederalEmergency Management Agency (FEMA) Funding forMariposa Park and Ride Lot Repair
Pg. 52
b. Authorization to Award Contract for Multi-Use PathFeasibility Studies
Pg. 58
c. Authorization to Award Contract to Spriggs Inc. forMCAG Copier Equipment and Maintenance Services
Pg. 61
13. Authorization to Award Contract for PavementManagement System Services
Action Ty Phimmasone Pg. 63
Authorize the Executive Director to enter into a contract forpavement management services with Dynatest NorthAmerica, Inc. for $501,381.
14. Transportation Planning Priorities FY 2018-19 Info Stacie Dabbs Pg. 67
For information only.
15. Regional Transportation Impact Fee (RTIF) Update Info Patrick Pittenger Pg. 70
For information only.
16. Social Services Transportation Advisory CouncilRecruitment
Info Natalia Austin Pg. 74
For information only.
TRANSIT JOINT POWERS AUTHORITY FOR MERCED COUNTY
# 17. TJPA Financial Report for July 2017 – September 2017(unaudited)
Info Nav Bagri Pg. 77
For information only.
# 18. Authorization to Award Contract for Architectural andEngineering Services for The Bus Maintenance Facility
Action Artis Smith Pg. 80
Authorize the Executive Director to enter into a contractwith Golden Valley Engineering for Architectural,Engineering and Surveying Services for The BusMaintenance Facility in an amount not to exceed $65,000.
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ITEM ACTION STAFF Pg. #
# Attachment + Enclosure
19. Approve the Purchase of Solar Powered Lights for BusStop Posts
Action Artis Smith Pg. 83
Approve the purchase of solar powered lighting equipmentthrough a CalACT Purchasing Cooperative Agreement withTolar Manufacturing Company, Inc.
MERCED COUNTY REGIONAL WASTE MANAGEMENT AUTHORITY
# 20. Oral Report - Merced County Regional Waste ManagementAuthority Monthly Update
Info Brooks Stayer Pg. 85
# 21. Merced County Regional Waste Management AuthorityFinancial Reports
Info Nadia Gonzalez Pg. 88
For information only.
# 22. Modification to Amended Contract No. WMA2011-05 withRemy, Moose, Manley LLC (RMM)
Action Brooks Stayer Pg. 92
Authorize the MCAG Executive Director to execute ContractNo. WMA2011-05 with the modified insurance section.
23. Authorization to Award Contract for Fixed-Wing DroneSystem Purchase
Action Brooks Stayer Pg. 107
Authorize the Executive Director to enter into a contract withRDO Integrated Controls, Sacramento, CA for the purchase of afixed-wing drone and peripherals at a cost not to exceed$41,769.34.
OTHER REPORTS
24. Executive Director’s Report Info Patrick Pittenger
25. Directors’ Reports Info
Next Meeting: The next MCAG Governing Board meeting will be held on January 18 , 2017 at 3:00 p.m. at the
City of Livingston.
I certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted at the Merced County Association of Governments not less than 72 hours prior to the meeting.
______________________________ Dated this December 14, 2017 Joy Young, Administrative Assistant II
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ITEM 8
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ITEM 8
MCAG Governing Board Regional Waste Management Authority Board
Transit Joint Powers Authority Board MINUTES
DATE Thursday, November 16, 2017
The regular meeting of the Merced County Association of Governments Governing Board held on Thursday, November 16, 2017, at the City of Dos Palos, City/County Admin Building, 1546 Golden Gate Avenue, Dos Palos, CA was called to order by Chair Espinoza at 3:00 P.M.
DIRECTORS PRESENT MCAG STAFF PRESENT Director Rodrigo Espinoza, Chair Stacie Dabbs, Deputy Executive Director Director Alex McCabe, Vice Chair Matt Fell, Senior Transportation Planner Director April Hogue Nadia Gonzalez, Financial Services Manager Director Lee Lor (left at 3:30pm) Emily Haden, Legal Counsel Director Daron McDaniel Jennifer Halpin, Diversion Program Manager Director Mike Murphy Patrick Pittenger, Executive Director Director Jerry O’Banion Brooks Stayer, Regional Waste Authority Director Director Lloyd Pareira (arrived at 3:15pm) Marty Yerrick, Landfill Operations Manager Director Mike Villalta Joy Young, Administrative Assistant II
DIRECTORS ABSENT Director Jim Price Director Joe Oliveria
GUESTS AND MEMBERS OF THE PUBLIC Jose Delgadillo, CAC Representative Patti Dossetti, League of Women Voters Tom Dumas, Chief, Office of Metropolitan Planning, Caltrans, District 10 Darrell Fonseca, City Manager, Dos Palos Dan Leavitt, Manager of Regional Initiatives , San Joaquin Rail Commission
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1. Pledge of Allegiance 2. Invocation At this time, Michael McGlynn led the invocation. 3. Roll Call 4. Approval of agenda Director McDaniel moved to approve the November 16, 2017, MCAG Governing Board agenda. Seconded by Director O’Banion. Ayes – Directors Espinoza, Hogue, Lor, McCabe, McDaniel, Murphy, O’Banion, Pareira, Villalta Noes - None MOTION CARRIED UNANIMOUSLY. 5. Public Comment No public comments were received. 6. ACE Presentation Dan Leavitt of the San Joaquin Rail Commission gave a presentation on ACE forward which
included extensions and service improvements. 7. Minutes a. Regional Waste Management Authority Board meeting for October 19, 2017 b. Transit Joint Powers Authority for Merced County Board meeting for October 19, 2017 c. Merced County Association of Governments Governing Board meeting for October 19, 2017 Director O’Banion moved to approve the minutes of the Regional Waste Management Authority,
the Transit Joint Powers Authority and the Merced County Association of Governments Governing Board meeting.
Seconded by Director Pareira. Ayes – Directors Espinoza, Hogue, Lor, McCabe, McDaniel, Murphy, O’Banion, Pareira, Villalta Noes - None MOTION CARRIED UNANIMOUSLY. 8. Citizens Advisory Committee Report Jose Delgadillo gave the Citizens Advisory Committee report. MERCED COUNTY REGIONAL WASTE MANAGEMENT AUTHORITY 9. Oral Report – Merced County Regional Waste Management Authority Monthly Update Brooks Stayer gave the Merced County Regional Waste Management Authority monthly update
which included closure fund estimates, revenue sources based on tonnage and the current recycling contract, capital projects and projected future expenses.
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10. Quarterly Diversion Programs Update Jennifer Halpin gave an update on household hazardous waste (HHW) events, HHW that is
accepted daily at the landfills, a searchable recycling guide on the website with an address-specific platform coming to the website soon, and the mattress recycling program.
11. Excess Revenue Cash Transfers Director McDaniel moved to authorize staff to transfer $4.6 million from the RWA operating fund
to the RWA capital projects fund. Seconded by Director O’Banion. Ayes – Directors Espinoza, Hogue, McCabe, McDaniel, Murphy, O’Banion, Pareira, Villalta Noes - None MOTION CARRIED UNANIMOUSLY. 12. Highway 59 Landfill Conservation Easement Cattle Grazing Contract No. WMA2017-10 Director O’Banion moved to authorize execution of Contract No. WMA2017-10 for cattle grazing
services. Seconded by Director McCabe. Ayes – Directors Espinoza, Hogue, McCabe, McDaniel, Murphy, O’Banion, Pareira, Villalta Noes - None MOTION CARRIED UNANIMOUSLY. 13. Property Damage Claim Director McDaniel moved to reject the property damage claim of $4,500 due to an eye witness
account of roof damage to vehicle prior to loading, lack of plausibility for window damage in conjunction with a delay in reporting the damage.
Seconded by Director McCabe. Ayes – Directors Espinoza, Hogue, McCabe, McDaniel, Murphy, O’Banion, Pareira, Villalta Noes - None MOTION CARRIED UNANIMOUSLY. TRANSIT JOINT POWERS AUTHORITY FOR MERCED COUNTY
14. Oral Report – Transit Joint Powers Authority for Merced County Monthly Update Patrick Pittenger gave the Transit Joint Powers Authority for Merced County monthly update and
announced Artis Smith as the new Transit Director at MCAG. Anthony Alves, Maintenance Manager for National Express Transit, presented information on
maintenance of transit vehicles. He noted that the maintenance facility operations have recently become nationally certified and that a surprise inspection by CHP went well.
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15. Amendment to Contract for Project Management Services for Operations and Maintenance
Facility Director O’Banion moved to authorize the Executive Director to amend the contract with CSCE,
Inc. for Project Management Services to an increased amount of $229,642.35 of the total cost of $629,378.59.
Seconded by Director McDaniel. Ayes – Directors Espinoza, Hogue, McCabe, McDaniel, Murphy, O’Banion, Pareira, Villalta Noes - None MOTION CARRIED UNANIMOUSLY. MERCED COUNTY ASSOCIATION OF GOVERNMENTS
16. Caltrans Report Tom Dumas gave the Caltrans report and informed the board of the construction happening on
Highway 165. Director Pareira asked about the status of the bridges on Highway 59 and stated that a petition
drive is being led by a constituent. Chair Espinoza asked about the sign in Planada that has been taken down. Tom stated he will
look into it. Tom Dumas stated that Highway 99 in Madera County has a short portion that is widened, but it
is too short to open to the public. A larger project for widening is in design and funds are being sought for construction.
17. Information/Discussion Only a. MCAG Newsletter – November 2017 b. MCAG 50th Anniversary Open House Flyer c. Support Letter for Kern COG’s Sustainable Transportation Planning Grant Proposal d. One Voice Letter of Support for Merced Irrigation District’s Sustainable Groundwater
Planning Grant Application e. Letter of Support for San Joaquin Regional Rail Commission’s INFRA Grant Application for
San Joaquin Valley Rail Enhancement Project f. RTIF Quarterly Report for July 2017 – September 2017 So noted. 18. Consent Agenda Director Villalta moved to approve the Consent Agenda. a. Final Draft 2018 Regional Transportation Improvement Program (RTIP) for Adoption b. 2017 Federal Transportation Improvement Program (FTIP) Formal Amendment No. 9 Seconded by Director McCabe. Ayes – Directors Espinoza, Hogue, McCabe, McDaniel, Murphy, O’Banion, Pareira, Villalta Noes - None MOTION CARRIED UNANIMOUSLY. 010
19. SB 375 Greenhouse Gas Emission Reduction Targets - Update Matt Fell gave an update on the SB 375 Greenhouse Gas Emission Reduction targets stating that
the Regional Transportation Plan is moving forward. The California Air Resources Board was scheduled to adopt new targets at their November meeting, but they postponed taking action and have not set a new date for the target yet.
20. Regional Transportation Plan - Scenarios Matt Fell gave an update on the Regional Transportation Plan stating that meetings were held
and comments have been received. He stated that this item will come back to the board in the future for approval of a preferred scenario.
21. Oral Report – Measure V Update Stacie Dabbs gave an update on Measure V stating that the financials have been sent to everyone
and will continue to circulate as information is updated. Stacie stated that the true-up amounts have been more than the projected amounts. She stated that local projects are underway and that signs have been distributed to jurisdictions to post at project sites. Magnetic signs have been provided for vehicles as well.
22. 2018 Anna Maria Fuentes Scholarship Stacie Dabbs gave an update on the 2018 Anna Maria Fuentes Scholarship program stating that
this program was in memory of and is a tribute to Anna Maria Fuentes who was a Grants Program Manager at MCAG. She stated that the scholarship application form is now available and has been shared with all high schools in Merced County and is posted on the MCAG website.
23. Citizens Advisory Committee Representative Appointment Director Villalta moved to appoint Paul Ward as the Commerce/Finance Representative to the
Citizens Advisory Committee. Seconded by Director O’Banion. Ayes - Directors Espinoza, Hogue, McCabe, McDaniel, O’Banion, Pareira, Villalta Noes - None Abstain - Director Murphy MOTION CARRIED. 24. Executive Director’s Report Patrick invited the board to MCAG’s 50th Anniversary on Thursday, December 21st from 5:30 to
7:30 p.m. and invited the board to attend the Board Retreat on November 17th from 9:00 to 3:00 p.m. in Merced. Patrick noted staffing changes within MCAG and announced Artis Smith as the new Transit Director. MCAG currently has an open position for a Financial Analyst and interviews have been held.
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25. Directors’ Report Director McCabe stated that the City of Livingston passed a resolution supporting DACA. Director Pareira thanked the City of Dos Palos for hosting the MCAG Governing Board meeting. Director Villalta invited everyone to their Downtown Christmas Parade on December 1, 2017. Director Hogue invited everyone to their Downtown Christmas Parade on December 7, 2017. Chair Espinoza stated the importance of videotaping the MCAG Governing Board meetings at all
locations. THERE BEING NO FURTHER BUSINESS OF THE MCAG GOVERNING BOARD, THE MEETING
WAS ADJOURNED AT 4:15 P.M.
____________________/s/______________ Joy Young
Administrative Assistant II
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ITEM 9
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ITEM 9
Citizens Advisory Committee Meeting Highlights
DATE Friday, December 1, 2017
CAC Representative to Governing Board items:
The committee recommended approval of the MCAG Governing Board action items presented.
Action items: • Minutes of the November 3, 2017 Citizens Advisory Committee meeting• 2017 Federal Transportation Improvement Program (FTIP) Formal Amendment No. 10:
Repurposed Earmarks, Highway Bridge Program, Federal Emergency Management Agency(FEMA) Funding for Mariposa Park and Ride Lot Repair
• Authorization to Award Contract for Pavement Management System Services• Contract for Multi-Use Path Feasibility Studies• Award Contract for MCAG Copier Equipment and Maintenance Services
Information items: • Transportation Planning Priorities FY 2018-19• Regional Transportation Impact Fee (RTIF) Update• Social Services Transportation Advisory Council Recruitment• One Voice Update• MCAG Newsletter – November 2017• Dibs Annual Report FY 16-17• Dibs Quarterly Activity Report July – September 2017• 2017 Excellence in Commuter Options (ECO) Award Winner
Stacie Dabbs invited the committee and their families to MCAG’s 50th Anniversary Open House which will take place at MCAG on December 21, 2017 at 5:30pm. She added there will be various booths including ACE/Amtrak, YARTS/Transit, Caltrans, and Valley Takes Charge. Electric cars will also be available to test drive.
Robert McLaughlin informed the committee that four out of the six hospital electric car charging stations are now set up.
Harlan Dake commented that he saw a couple of individuals in Chowchilla taking signatures to repeal SB1.
Jose Delgadillo noted that the CAC representative sign-up sheet for 2018 was missing in the agenda.
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ITEM 11a
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369 W. 18th Street,
Merced, CA 95340 (209)723-3153
www.mcagov.org
December 2017
The Yosemite Area Regional Transportation System (YARTS) was awarded $165,000 from the Federal Lands Access Program (FLAP) to provide FREE transit service to Yosemite and the surrounding communities on all free National Park Service (NPS) gate days.
The first free days were November 11 and 12, 2017. YARTS transported 1007 passengers over those two days. Cindy Kelly, Assistant Transit Manager for YARTS, was at Merced Amtrak and Merced Transpo to provide passen-gers “goodie bags” with hand warmers, hand sanitizer, flashlights, Clif protein bars, hiking maps and other items provided by Merced The Bus and YARTS.
“We had a hugely successful weekend with five of our eight buses leaving Merced full on Saturday and four of eight buses leaving Merced full on Sunday,” said Kelly. “It was especially great to see so many children on the buses as we need to get today’s youth involved in taking pride in and care of our outdoor spaces. We want to teach them to be good stewards of our park,” Kelly said.
The free service days are funded through the Federal Lands Access Program, which will allow YARTS to operate free buses to Yosemite on all free NPS gate days through September 2020. The next free day will be January 15, 2018 and schedules will be posted online at www.Facebook.com/rideyarts by the first week of December. Reservations will not be accepted, and the service will be based on a first-come, first-served policy.
For more information on the free days project or general YARTS information visit YARTS www.yarts.com
YARTS kicks off free service over veterans day holiday
SAN JOAQUIN VALLEY NEWS
SAVE THE DATE! San Joaquin Valley Policy Conference
The 2018 San Joaquin Valley Policy Conference will be held in Modesto on May 9-11, 2018. The 2018 confer-ence is being hosted and organized by the Stanislaus Council of Governments and will build on the strong tra-dition of great speakers and workshops, fun and informa-tive tours, and great food! Sponsorships and early regis-tration information will be available soon. Contact Cindy Malekos at (209) 525-4634 or for more information.
San Joaquin Valley Goods Movement Planning
The San Joaquin Valley produces 25 percent of the na-tion's food supply, and much of our economy is based on goods movement dependent industries. State Route 99, Interstate 5, and other east-west corridors play a critical role in supplying commodities to the global market place. The eight MPOs of the San Joaquin Valley have recently completed two Caltrans funded goods move-ment studies that feature extensive data and information about freight movement throughout the Valley:
• San Joaquin Valley I-5/SR 99 Goods MovementCorridor Study
• San Joaquin Valley Goods Movement SustainableImplementation Plan
Both of these studies can be found at the link below:
http://sjvcogs.org/valleywide_activities/good-movement/
Passengers patiently waiting at Merced Amtrak for the
YARTS bus on Saturday, November 11, 2017
ITEM 11a
016
MCAG is pleased to welcome two new staff members to the team.
Navneet Mattu joined the MCAG team in October as a Transit Adminis-trative Assistant. She received her Bachelors of Science degree in Applied Mathematics from UC Merced with an emphasis in Econom-ics. She is a first generation college graduate. Navneet was born in India and raised in Merced and is a Merced High School graduate.
Navneet enjoys spending time with family and friends and especially her nephews, listening to music, partici-pating in outdoor activities and baking. She is excited to be starting her career with MCAG.
Artis Smith joined MCAG in November as the agency’s Transit Director—overseeing both The Bus and YARTS transit services.
Artis began his career in transit over twenty years ago working as a coach operator for Monterey Salinas Transit. During his career in transit he managed the Stanford University
Transit system, The Marguerite shuttle which provided free transit to the Stanford community and the public, utilizing a fleet that includes electric and hybrid diesel-electric buses to take riders to campus locations, regional transit systems, Stanford Hospital and Clinics, and local shopping, dining, and entertainment destinations.
Artis studied at Monterey Peninsula College in Business Administration, where he also received a California Teachers Credential. Artis and his wife live in Los Banos with their five daughters. He is looking forward to work-ing to improve our transit system for the communities that we serve.
Welcome to MCAG, Navneet and Artis!
Staff spotlight: Navneet Mattu & Artis Smith
Congratulations!
The MCAG team would like to congratulate the follow-ing employees for their recent promotions: • Nav Bagri, Finance Director • Cindy Kelly, Assistant Transit Manager– YARTS • Alicia Ochoa-Jones, Purchasing and Contracts Manager. MCAG is lucky to have such a hardworking and dedicated staff!
The Bus honors local veterans in the Merced Veteran’s day parade
Caltrans has completed a $2.8 million project that has improved and repaved the roadway, shoulders and portions of on and off-ramps on State Route 59 (SR-59), from SR-152 south of El Nido in Madera County to near Vassar Avenue in Merced. This 13 mile-long project will extend the service life of the pavement that was already in place and improve efficiency and safety for motorists traveling in Merced County.
This is just one of many accelerated fix-it-first projects due to begin across the state to improve roadways, including several that began before Senate Bill 1 even takes effect. Caltrans broke ground on 13 pavement projects this summer and is expediting the design of an additional 50 projects that will break ground over the next year. By the end of October, Caltrans and the Cali-fornia Transportation Commission (CTC) will have advanced approximately $5 billion in “fix-it-first” pro-jects for earlier completion because of SB 1 funding.
SB 1 provides an ongoing funding increase of approxi-mately $1.8 billion annually for the maintenance and rehabilitation of the state highway system, including $400 million specifically for bridges and culverts. SB 1 funds will enable Caltrans to fix more than 17,000 lane miles of pavement, 500 bridges and 55,000 culverts by 2027. Caltrans will also fix 7,700 traffic operating sys-tems, like ramp meters, traffic cameras and electric highway message boards that help reduce highway congestion.
Caltrans is committed to conducting its business in a ful-ly transparent manner and detailing its progress to the public. For complete details on SB 1, visit: http://www.rebuildingca.ca.gov/
MERCED HIGHWAY 59
PAVING PROJECT
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DECEMBER Meetings & Events:
MCAG
12/01 Citizen’s Advisory Committee Meeting, MCAG
12/13 Technical Review Board Meeting, MCAG
12/21 Governing Board Meeting, County Admin Bldg.
12/21 MCAG’s 50th Anniversary Open House, MCAG
12/22-25 MCAG offices closed in observance of Christmas
12/25 Highway 59 & Billy Wright landfills closed
12/29-1/1 MCAG offices closed in observance of New Year’s Day
Livingston
12/8 Annual Light Christmas parade & gift fair; For more information call 209-394-8830
Merced
12/2 A Storybook Christmas parade; 3:00 pm For more information visit: https://www.mercedchristmasparade.com
Atwater
12/1 A Christmas Story parade; 7:00 pm For more information visit: http://www.atwaterchamberofcommerce.com
Los Banos
12/1 Downtown Christmas parade; 6:00 pm For more information visit: http://losbanos.com
Dos Palos
12/7 Downtown Christmas Parade For more information visit: http://dospaloscity.wixsite.com/dospalos
For more information about these events, or if your City or Com-munity has public events you would like published in our news-letter, contact Eva Garibay at [email protected]
Highway 59 Landfill 7040 N Highway 59 Merced, CA 95348
Phone: 209-723-4481
Monday - Friday: 7:00 am - 3:30 pm
Saturday: 8:00 am - Noon
1st Saturday of each month:
7:00 am - 3:30 pm
Billy Wright Landfill 17173 S Billy Wright Road
Los Banos, CA 95348 Phone: 209-826-1163
Monday - Friday:
8:00 am - 3:30 pm Saturday: 8:00 am - Noon
1st Saturday of
each month: 8:00 am - 3:30 pm
The Regional Waste Authority has contracted with the Mattress Recycling Council (MRC) to offer free mattress recycling throughout Merced County.
The MRC was formed by the mattress industry to operate recycling programs (known as bye bye mattress) to enact mattress recycling laws in California.
This mattress recycling contract will allow both the Billy Wright Landfill (Los Banos) and Highway 59 Landfill (Merced) to accept mattresses for recycling. Residents can bring up to four mattresses to either of the landfill sites at no cost. Contractors and other commercial loads will continue to be charged the $5 fee per mattress.
For more information on the mattress recycling pro-gram, please visit: byebyemattress.com.
For more information about Merced County Regional Waste Authority including hours of operations and rates please visit www.mcrwma.org or call (209)723-4481.
Regional Waste Authority to offer free mattress recycling
As a reminder, the Merced County Regional Waste Authority Highway 59 and Billy Wright landfills are open every Saturday from 8:00 am to Noon. In addition, both landfill locations have extended hours to 3:30 pm during the first Saturday of the month and on any Saturday follow-ing a closed holiday. For more information about the land-fill hours and days of operation see the schedule below .
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Measure V, Merced County’s ½ cent transportation sales tax, was passed by Merced County voters with 71% approval in November 2016 and went into effect April 1, 2017. In an effort to keep the community informed about this transformative measure, MCAG will feature monthly updates in this news-letter. You can also check out www.measurev-mcag.com for the latest news and updates!
Revenue Update
Measure V has generated $6.8 million of revenue in the first 6 months of the 30 year measure. This is new revenue for the cities and county of Merced to address our local and regional transportation needs. Each month, this funding is allocated across four categories as prescribed in the expenditure plan.
Local Projects Revenue
Per the expenditure plan, 50% of the revenue is allocated directly to the 6 cities and the County of Merced. This funding is being used to address local transportation needs such as repairing potholes and bridges, repaving streets, replacing traffic signals and improving sidewalks and bicycle facili-ties. To date, $3.4 million has been allocated directly to local jurisdictions. Visit www.measurev-mcag.com/local-projects.html to check out the list of Measure V projects by city and the County of Merced.
Regional Projects Revenue
To date, more than $3 million has been received for regional projects which are projects located in or directly benefiting more than one jurisdiction. This funding is allocated to two accounts – 27% to eastside and 17% to Westside of the San Joaquin River. Projects eligible for this regional funding are being identified and prioritized by the Eastside and Westside Regional Projects Committees. For more information about this process and com-mittees, please visit www.measurev-mcag.com/regional-projects.html.
Transit Revenue
The Transit Joint Powers Authority for Merced County has received $341,501 of revenue from Measure V in the first 6 months. These funds are currently being used to provide free fares on The Bus’s fixed route system for seniors, veterans and ADA eligible individuals with disabilities. For more information, contact The Bus at (209)723-3100.
Administration Revenue
MCAG receives 1% for the administration of Measure V for staffing, auditing and oversight. To date, MCAG has received $68,300.
DECEMBER 2017—Update
Fixing our roads! Stacie Dabbs at 723.3153 x 109 [email protected]
HAVE YOU SPOTTED MEASURE V AT WORK IN MERCED COUNTY?
Snap a picture and send it to [email protected] or tag us on
Facebook @mcag.merced or Twitter #MercedCAG
Measure V magnet on a City of Living-ston vehicle spotted by a local resident.
Measure V at work on the West Side of Merced County near Gustine: Jenson Road—Bambauer Road—Canal School Road. Photo courtesy of Ellen Hasness—Gustine City Council
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ITEM 11b
020
Call dibs on our
Program Success
July – September 2017 Activity Report
TOTAL MEMBERS 8,273
TOTAL VANPOOLS 122
ALT. TRIPS LOGGED 13,801
DOLLARS SAVED $181,990
CO2 SAVINGS 125 TONS
USER SESSIONS
1,274
PAGEVIEWS
2,605
NEW VISITORS
67%
RETURNING VISITORS
31%
Dibs Day is on the Way!
For the first annual Dibs Day, we were so
excited, we wanted to shout it from the
rooftops! Utilizing Facebook, in order to
reach the most people at once, we made
the announcement via Facebook Live and
it was full speed ahead!
On the docket were 2 different postcards, one to employ-
ers and the other to commuters, a slew of new promo-
tional items, targeted ads to get the Dibs Day word out
there, and an amazing giveaway. Stay tuned for next
quarter’s report to see what we came up with and how
Dibs Day panned out!
Direct
42%
Referral
28%
Organic26%
Social 4%
0
200,000
400,000
600,000
800,000
1,000,000
Goal ReachedOrganic = search engine/paid ads
ITEM 11b
021
New Efforts for a New Brand
With an established employer base in San Joaquin County, the Dibs team
seeks creative ways to access new and existing employers and energize
Smart Travelers. This quarter, one of these efforts included participating in
Stockton’s first ever PARK(ing) Day, in which the Dibs team challenged
visitors to see how many things they could do in a parking space if there
was one less car around. In addition, we also participated in planning the
annual Industrial Technology Barbeque with the Chamber of Commerce.
The event helps us build direct relationships with key employers, while
also recognizing their efforts to do business in the region. The next step?
Strengthening those relationships to help launch Dibs on their sites!
Activity Highlights
Attended Green Team San Joaquin meeting and provided an update on Dibs upcoming events
Attended FRESH meetings
Provided Dibs overview to San Joaquin Joint Powers Authority staff and discussed upcoming Amtrak
service changes and marketing opportunities.
Served on planning committee for annual Chamber Industrial Technology Barbeque recognizing new and
expanding businesses in San Joaquin County.
Conducted REACON team visits to Masonite, Salvation Army, Eagle Roofing, Le Tote, and Fleenor Paper
Company
Met with ACE staff to address parking challenges at Manteca/Lathrop station
Delivered employer toolkit and materials to Amazon Tracy Fulfillment Center in advance of fall program
relaunch to seasonal employees.
Attended annual PG&E Employee Safety & Wellness fair in Stockton
Attended Costco Distribution Center employee event in Tracy
Participated in first PARK(ing) Day Event in Downtown Stockton
July—Sept 2017
Activity Report
ADDED FY 17-18
JULY AUGUST SEPTEMBER
25 31 21 77 4,637
1 1 1 3 82
202 86 136 424 8,360
2.1 .8 2 4.9 72.1
$3,194 $1,152 $3,119 $7,465 $103,884
dibsmyway.com
Briana V. of Amazon
022
ADDED FY 17-18
JULY AUGUST SEPTEMBER
14 6 3 23 2,216
0 0 0 0 33
147 155 105 407 4,739
1.6 .6 .2 2.4 46.7
$2,488 $493 $168 $3,149 $71,478
Stanislaus’ Winners
Each year, for Bike Month, we get some amazing winners.
Although, this year s took the cake! This year’s most notable
winner’s story to come out of Bike to Work Month arrived
via Ann from Turlock. Ann used Bike to Work Month to try
biking and ended up falling in love with it. She decided to
park her car and primarily use her bike for trips to and from
work, as well as around town. Not only did she make a
change, she got a group of coworkers to ditch their cars and
ride in! Now she meets up with a group and they all ride in
together; sparing the air and reducing traffic, one group
ride at a time!
Activity Highlights
Delivered Dibs toolkit materials to Frito Lay
Attended the Green Team Stanislaus meeting
Presented Bike Month grand prize winner with a new bicycle
Presented Bike Month results to StanCOG committees
Attended Green Team Stanislaus meeting and made a brief presentation on Dibs upcoming events
Met with Opportunity Stanislaus to provide an update on new branding and discuss collaboration
opportunities.
Supported MAX in a photography shoot for enhanced transit branding
Discussed Dibs Day strategies and ideas with StanCOG
July—Sept 2017
Activity Report
dibsmyway.com
023
Supporting Excellence in Merced
With a plethora of new materials in hand, the Dibs team is working
to spread the word about the new brand in Merced County. This
includes delivering our new toolkits to employer partners both new
and old. Included in these toolkits are digital versions of every tool
needed to launch a Dibs program at an employer site—a valued
asset as more companies transition to paperless communications.
This quarter also saw the launch of the Excellence in Commuter
Options(ECO) Award in Merced County. The ECO Award seeks to
recognize employers who go above and beyond in encouraging
Smart Travel (including, of course, using the tools provided by
Dibs!). The selected company will be recognized for their efforts in
December at the MCAG Governing Board meeting.
Activity Highlights
Project scope meeting with MCAG staff to advanced pilot Vanpool program
Dibs toolkit delivery to UC Merced and new school year kickoff meeting
Met with Quad/Graphics to deliver toolkit and launch new branding on site
Delivered Dibs toolkit to McLane Pacific
Launched Excellence in Commuter Options (ECO) Award in Merced County
Gave informational interview with Streetsblog regarding transit options in Merced County
July—Sept 2017
Activity Report
ADDED FY 17-18
JULY AUGUST SEPTEMBER
2 4 2 8 527
0 0 0 0 8
52 70 38 160 1,615
.1 .2 .1 .4 4.7
$158 $245 $150 $553 $6,457
dibsmyway.com
James Nardello of UC Merced
024
ITEM 11c
025
P a r t n e r i n g f o r R e g i o n a l S o l u t i o n s
Merced County Association of Governments
2018
Governing Board Meeting Schedule
The 3rd Thursday of each month 3:00 p.m.
Date Location
January 18 City of Livingston
February 15 County of Merced – Administration Building
March 22 City of Los Banos
April 19 County of Merced – Administration Building
May 17 City of Merced
June 21 County of Merced – Administration Building
July 19 City of Atwater
August 16 County of Merced – Administration Building
September 20 City of Gustine
October 18 County of Merced – Administration Building
November 15 City of Dos Palos
December 20 County of Merced – Administration Building
ITEM 11c
026
ITEM 11d
027
ITEM 11d
028
029
030
031
032
033
034
035
036
037
ITEM 11e
038
PH: 209.723.3153 FAX: 209.723.0322
www.mcagov.org 369 W. 18th Street Merced, CA 95340
P a r t n e r i n g f o r R e g i o n a l S o l u t i o n s
ITEM 11e MEMORANDUM
DATE: December 14, 2017
TO: MCAG Governing Board
FROM: Nav Bagri, Finance Director
RE: MCAG Financial Report for July 2017 – September 2017 (Unaudited)
DISCUSSION
Attached for your review is the Profit and Loss Budget versus Actual Report for the period July 2017 through September 2017. Also attached is the Pooled Investment Summary Report for the period ending September 30, 2017.
Also attached is the 1st Quarter Check Register.
If you have any questions regarding this staff report, please contact Nav Bagri at 723.3153 x 154 or [email protected]
REQUESTED ACTION
For information only.
Attachments: Profit and Loss Budget vs. Actual report for the period July 20176 through September 2017 Pooled Investment Summary Report for the period ending September 30, 2017 1st Quarter Check Register
039
MERCED COUNTY ASSOCIATION OF GOVERNMENTS
P L Budget vs. Actual
1st Quarter FY 2017-18
Unaudited
Actual
7/1/17-9/30/17
Budget
July -June 18
Variance
Remaining
Balance
Remaining
Budget %
Income
Other Revenue 668 (668) 0.0%
Measure V 29,360 150,000 120,640 80.43%
LTF Planning 397,298 397,298 100.0%
FHA-Metro Plan (PL) 145,799 1,722,558 1,576,759 91.54%
FHA-Metro Plan (Current Yr's allocation) 149,648 149,648 100.0%
PPM/RIP 393,000 393,000 100.0%
SAFE 9,526 9,526 100.0%
TDA Admin 94,010 94,010 100.0%
RTIF 12,892 12,892 100.0%
Caltrans Sustainable transportation Planning
Grant 5304 350,000 350,000 100.0%
Fed Transit Adm-Sec 5303 89,142 89,142 100.0%
RWMA 768,676 3,914,594 3,145,918 80.36%
TJPA 334,726 1,628,935 1,294,209 79.45%
Membership Dues 132,200 132,200 - 0.0%
MDSS 11,297 11,297 100.0%
YARTS 53,632 431,228 377,596 87.56%
AVA 11,026 11,026 100.0%
Total Income 1,465,061 9,497,354 8,032,293 84.57%
Gross Profit 1,465,061 9,497,354 8,032,293 84.57%
Expense
Salary & Benefits 1,258,876 6,863,128 5,604,252 81.66%
Professional Services 137,729 1,792,380 1,654,651 92.32%
Professional Serv.Audit 24,000 24,000 100.0%
Maint. & Fuel Equip.Auto 151 1,500 1,349 89.91%
Data/IS Service 4,000 138,000 134,000 97.1%
Legal 29,129 55,000 25,871 47.04%
Maint Structure 2,307 5,600 3,293 58.8%
Utilities 599 6,800 6,201 91.19%
Solar 9,500 9,500 100.0%
Insurance Other 32,316 47,000 14,684 31.24%
Membership 2,950 6,890 3,940 57.18%
Training and Travel 17,028 61,850 44,822 72.47%
Unallowed Training & Travel 6,500 6,500 100.0%
Special Dept Expense 3,815 159,606 155,791 97.61%
Publications 200 500 300 60.0%
Office Expense/General 6,366 29,000 22,634 78.05%
Communications 6,845 20,300 13,455 66.28%
Household Expense-Janitorial 200 17,000 16,800 98.82%
Misc. Expense 2,500 2,500 100.0%
Interest Expense 1,200 1,200 100.0%
Rents & Leases-Equip. 3,903 18,000 14,097 78.32%
Fixed Asset 3,000 231,100 228,100 98.7%
Total Expense 1,509,414 9,497,354 7,987,940 84.11%
Net Ordinary Income (Loss) (44,353) 0 44,353
040
% Rate of % Rate of
Account Balance Return QTD Return YTD
Wells Fargo Bank - General Checking 1,458,417$ 0.350 0.350
Wells Fargo Bank -YARTS 463,411 0.350 0.350
Wells Fargo Bank -TJPA 4,915,066 0.350 0.350
Wells Fargo Bank-Saving Account 2,518,725 0.150 0.150
LAIF Investment 1,533,129 0.920 0.920
County of Merced Investment 29,195,911 1.333 1.200
Total Bank and Investment Balances 40,084,658$
MERCED COUNTY ASSOCIATION OF GOVERMENTS
Pooled Bank and Investment Balances
September 30, 2017
1%0%
0%
11%
12%
6%
0%
3%
3%24%
26%
3% 10%
1%
POOLED INVESTMENTS
MCAG - General Fund
STAF
SEF
LTF
RTIF
SAFE
AVA
Measure V East/West
YARTS - General
Transit - General
Transit - LTF
Transit- LTF Capital
Transit - PTMISEA
041
ITEM 11f
042
PH: 209.723.3153
FAX: 209.723.0322 www.mcagov.org
369 W. 18th Street Merced, CA 95340
ITEM 11f MEMORANDUM DATE:
December 14, 2017
TO: MCAG Governing Board
FROM: Stacie Dabbs, Deputy Executive Director
RE: 2018 One Voice Program Development Update
BACKGROUND One Voice is a legislative advocacy program for the Merced County region that promotes issues of regional significance to federal legislators and agencies through an annual advocacy trip to Washington, DC. The purpose of the program is to advocate for increased funding and/or new or amended legislation. Merced County Association of Governments contracts with Townsend Public Affairs to support the planning process, coordinate the trip itinerary and assist with post-meeting action items. The 2018 One Voice trip to Washington, DC is scheduled for May 1-4, 2018. 2018 PLATFORM OF ISSUES/PROJECTS The 2018 One Voice planning committee is comprised of representatives from the County of Merced, City of Merced, City of Gustine, City of Los Banos, City of Atwater, City of Livingston, Merced City School District, Merced County Office of Education, Merced Irrigation District, UC Merced, Merced Boosters, Lyons’ Investments, community members, and MCAG staff. Over the course of several meetings, the committee has developed the following list of messages and projects for consideration. This list will be further refined in the coming weeks and be presented to the Citizens Advisory Committee, Technical Review Board and Governing Board in January as a draft program list for adoption. Water
• Water Storage – Temperance Flat Dam and Exchequer Spillway Project • Thank you for Black Rascal funding
Public Safety
• Support continued funding for the COPS grant program • Seek funding for the establishment of Emergency Response Centers at locations such as County
Fairgrounds
043
Homelessness/Housing • Support more affordable housing programs • Community Development Block Grant funding
Economic and Community Development
• Support Small Business financing programs; modernization programs • Support downtown revitalization programs • Advocate for grant programs and policy flexibility to benefit economic development needs of
small/rural communities. • Address Protected Migratory Bird (Cattle Egret) overpopulation problem (Gustine) • Support programs to provide/upgrade digital infrastructure for commercial/industrial
Education
• Income Eligibility Limits for Subsidized Child Care Programs: Advocate for a higher income limit for subsidized childcare, including HeadStart. Minimum wage increases and low-income limits for these programs have resulted in families losing eligibility for child care assistance long before they achieve financial self-sufficiency.
Transportation • Advocate for grant funding opportunities for Farm to Market routes (goods movement) • Support safe routes to school programs • Create a category for mid-sized regions to compete for transportation funding
FISCAL IMPACT The FY 17-18 OWP includes element 550 – One Voice Legislative Program. This element budget includes costs associated with professional services, travel and staff time associated with the development and implementation of the One Voice and Valley Voice programs. REQUESTED ACTION For information only.
044
ITEM 11g
045
ITEM 11g
Technical Review Board MINUTES
DATE Wednesday, December 13, 2017
The regular meeting of the Technical Review Board, held at the Merced County Association of Governments Office, Front Conference Room, 369 W. 18th Street, Merced, CA was called to order by Chair Doug Dunford at 12:10 P.M.
MEMBERS PRESENT John Bramble, Interim City Manager of Atwater Jim Brown, Deputy CEO of Merced County Scott McBride for Steve Carrigan, City Manager of Merced Doug Dunford, City Manager of Gustine Darrell Fonseca, City Manager of Dos Palos Jose Antonio Ramirez, City Manager of Livingston Alex Terrazas, City Manager of Los Banos
MEMBERS ABSENT None
OTHERS PRESENT Nav Bagri, Finance Director Stacie Dabbs, Deputy Executive Director Blake Dunford, City of Atwater Nadia Gonzalez, Financial Services Manager Matt Fell, Senior Planner Jennifer Halpin, Diversion Program Manager Steven Martinez, Transportation Planner, Caltrans, Dist. 10 Kristina Meraz, Human Resources and Risk Manager Patrick Pittenger, Executive Director Ty Phimmasone, Associate Planner Artis Smith, Transit Director Brooks Stayer, Regional Waste Authority Director Jarrad Tramp, Landfill Project Manager Marty Yerrick, Landfill Operations Manager
046
1. Introductions So noted. 2. Public Comment No public comments were received. 3. Minutes of the November 8, 2017, Technical Review Board meeting Scott McBride moved to approve the minutes of the November 8, 2017, Technical Review Board
meeting. Seconded by Alex Terrazas. MOTION CARRIED UNANIMOUSLY. 4. Minutes of the November 16, 2017, Regional Waste Management Authority, Transit Joint
Powers Authority and the Merced County Association of Governments Governing Board meeting
So noted. MERCED COUNTY ASSOCIATION OF GOVERNMENTS
5. Information/Discussion Only a. MCAG Newsletter – December 2017 b. Dibs Annual Report FY 16-17 c. Dibs Quarterly Activity Report July – September 2017 d. 2017 Excellence in Commuter Options (ECO) Award Winner e. Technical Review Board 2018 Meeting Schedule f. State Clearinghouse Letter for Central Valley Opportunity Center g. MCAG Financial Report for July 2017 – September 2017 (unaudited) So noted. 6. 2017 Federal Transportation Improvement Program (FTIP) Formal Amendment No. 10:
Repurposed Earmarks, Highway Bridge Program, Federal Emergency Management Agency (FEMA) Funding for Mariposa Park and Ride Lot Repair
Jim Brown moved to recommend the MCAG Governing Board adopt the 2017 FTIP Formal
Amendment No. 10. Seconded by John Bramble. MOTION CARRIED UNANIMOUSLY.
047
7. Authorization to Award Contract for Pavement Management System Services John Bramble moved to recommend the MCAG Governing Board authorize the Executive Director
to enter into a contract for pavement management services with Dynatest North America, Inc. for $501,381.
Seconded by Jim Brown. MOTION CARRIED UNANIMOUSLY. 8. Transportation Planning Priorities FY 2018-19 Stacie Dabbs gave an update on the Transportation Planning Priorities for FY 2018-19. 9. Regional Transportation Impact Fee (RTIF) Update Patrick Pittenger gave an update on the Regional Transportation Impact Fee (RTIF). 10. Authorization to Award Contract for Multi-Use Path Feasibility Studies John Bramble moved to recommend the MCAG Governing Board authorize the Executive Director
to enter into a contract for consultant services to prepare two regional multi-use path feasibility studies in the amount not to exceed $100,000.
Seconded by Alex Terrazas. MOTION CARRIED UNANIMOUSLY. 11. Authorization to Award Contract for MCAG Copier Equipment and Maintenance Services John Bramble moved to recommend the MCAG Governing Board authorize the Executive Director
to enter into a contract with Spriggs, Inc. for copier equipment and maintenance services in the amount not to exceed $54,000 for 36 months.
Seconded by Darrell Fonseca. MOTION CARRIED UNANIMOUSLY. 12. Social Services Transportation Advisory Council Recruitment Stacie Dabbs gave an update on the Social Services Transportation Advisory Council recruitment. 13. One Voice Update Stacie Dabbs gave an update on the development of the 2018 One Voice Program. 14. MCAG Governing Board Meeting Recording Equipment Stacie Dabbs reported on the request for MCAG Governing Board meeting recording equipment. TRANSIT JOINT POWERS AUTHORITY FOR MERCED COUNTY
15. Oral Report - Transit Joint Powers Authority for Merced County Monthly Update Artis Smith gave the Transit Joint Powers Authority for Merced County monthly update.
048
16. TJPA Financial Report for July 2017 – September 2017 (unaudited) Nav Bagri reported on the TJPA Financial Report for July 2017 – September 2017. 17. Authorization to Award Contract for Architectural and Engineering Services for the Bus
Maintenance Facility Jose Antonio Ramirez moved to recommend the Transit Joint Powers Authority Board authorize
the Executive Director to enter into a contract with Golden Valley Engineering for Architectural, Engineering and Surveying Services for the Bus Maintenance Facility in an amount not to exceed $65,000.
Seconded by Scott McBride. MOTION CARRIED UNANIMOUSLY. MERCED COUNTY REGIONAL WASTE MANAGEMENT AUTHORITY 18. Oral Report - Merced County Regional Waste Management Authority Monthly Update Brooks Stayer gave the Merced County Regional Waste Management Authority monthly update. 19. Merced County Regional Waste Management Authority Financial Reports Nadia Gonzalez gave an update on the Merced County Regional Waste Management Authority
Financial Reports. 20. Modification to Amended Contract No. WMA2011-05 with Remy, Moose, Manley LLC (RMM) John Bramble moved to recommend the Merced County Regional Waste Management Authority
authorize the MCAG Executive Director to execute Contract No. WMA2011-05 with the modified insurance section.
Seconded by Scott McBride. MOTION CARRIED UNANIMOUSLY. 21. Authorization to Award Contract for Fixed-Wing Drone System Purchase Jose Antonio Ramirez moved to recommend the Merced County Regional Waste Management
Authority authorize the Executive Director to enter into a contract with RDO Integrated Controls, Sacramento, CA for the purchase of a fixed-wing drone and peripherals at a cost not to exceed $41,769.34.
Seconded by Alex Terrazas. MOTION CARRIED UNANIMOUSLY. OTHER REPORTS 22. Caltrans Report Steven Martinez gave the Caltrans report.
049
23. Oral Report - League of California Cities Update No report was given. 22. Oral Report - Jurisdictions So noted. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 1:50 P.M.
050
ITEM 12a
051
PH: 209.723.3153
FAX: 209.723.0322 www.mcagov.org
369 W. 18th Street Merced, CA 95340
ITEM 12a MEMORANDUM DATE:
December 14, 2017
TO: MCAG Governing Board
FROM: Ty Phimmasone, Associate Planner
RE: 2017 Federal Transportation Improvement Program (FTIP) Formal Amendment No. 10: Repurposed Earmarks, Highway Bridge Program, Federal Emergency Management Agency (FEMA) Funding for Mariposa Park and Ride Lot Repair
BACKGROUND The MCAG Governing Board adopted the Final 2017 Federal Transportation Improvement Program (FTIP) on September 22, 2016. The 2017 Federal Statewide Transportation Improvement Program (FSTIP), which incorporated MCAG’s 2017 FTIP, was officially approved by the federal agencies on December 16, 2016. Projects and programs, which are federally-funded, must be programmed in the FTIP in order to have access to these funds. Any updates or changes to these federally-funded projects/programs for 2017 FTIP Federal Fiscal Years (FFYs: 2016/17 – 2019/20) must be “amended” into the FTIP. Any updates or changes in years beyond FFY 2019/20, considered outer years, will be addressed in the 2019 FTIP. 2017 FTIP FORMAL AMENDMENT No. 10 MCAG staff has prepared Formal Amendment No. 10 (Type No. 3 – Exempt Projects) to address the following programmatic changes to the 2017 FTIP. Repurposing of Federal Earmarks The Consolidated Appropriations Act 2016 allowed states to repurpose earmarks, with approval from the Federal Highway Administration (FHWA), that were designated on or before September 30, 2005. The 2017 FTIP Formal Amendment 10 programs the following two projects, which are funded with repurposed federal earmarks: • The County of Merced will signalize the intersection of Campus Parkway Segment 2 and Childs
Avenue. The repurposed federal earmark amount is $367,196, which requires the local match of $47,574. These funds are programmed in FFY 2017/18.
• The County of Merced will make pedestrian improvements in the Community of Hilmar. The repurposed federal earmark amount is $797,519, which requires the local match of $103,327. These funds are programmed in FFY 2018/19.
052
Highway Bridge Program (HBP) Caltrans manages the Highway Bridge Program (HBP). The FTIP must be amended to reflect the changes in Caltrans’ updated HBP, dated October 26, 2017. These changes include: • Pushing out construction to outer year for Burchell Avenue Bridge;
• Advancing right-of-way to FFY 2018/19 for Jorgensen Road Bridge;
• Pushing out construction to outer year for Los Cerritos Road Bridge; and
• Advancing construction to FFY 2016/17 for Moraga Road Bridge.
Given available funding, Caltrans has the flexibility to advance projects utilizing Expedited Project Selection Procedures (EPSP). Advancing the construction of Moraga Road Bridge is an example of this. Federal Emergency Management Agency (FEMA) Funds for Yosemite Area Regional Transportation System (YARTS) Mariposa Park and Ride Lot Repair The Yosemite Area Regional Transportation System (YARTS) was awarded Federal Emergency Management Agency (FEMA) funding to repair the Mariposa Park and Ride Lot, which was damaged by last winter’s storms. This FEMA funding was previously approved for programming in MCAG’s FTIP Formal Amendment 8. Recently, through State consultation with the Federal Highway Administration, it was determined that FTIP programming was not required for projects funded at 100 percent with FEMA funds. This amendment acts to delete the prior programming. FISCAL IMPACT The fiscal impacts of the repurposed federal earmarks are $414,770 and $900,846. The net change to the Caltrans HBP for the Merced Region is -$4,964,400. YARTS has already accessed the $339,297 FEMA funds for the repair of the Mariposa Park and Ride Lot. If you have any questions regarding this staff report, please contact Ty Phimmasone at 723-3153 x 123 or [email protected]. The Citizens Advisory Committee concurs with the requested action. The Technical Review Board concurs with the requested action. REQUESTED ACTION Adopt the 2017 FTIP Formal Amendment No. 10. Attachments: 2017 FTIP Formal Amendment 10 Summary of Changes Resolution No. 2017/12-21-01
053
Summary of Changes MCAG 2017 Formal Amendment 10
Existing/ New
CTIPS ID PROJECT TITLE DESCRIPTION OF CHANGE PhaseFundType
PRIORCTIPS Amt.
CURRENTCTIPS Amt.
FFYFund SourceCategory
NetChange
% Comments
2016 Earmark Repurposing
0 367,1962016 Earmark Repurposing
$367,196
Local 0 47,574 Local $47,574
2016 Earmark Repurposing
0 797,5192016 Earmark Repurposing
$797,519
Local 0 103,327 Local $103,327
HBP 5,602,044 8,220,044 HBP $2,618,000
Local 699,892 699,892 Local $0
HBP 2,618,000 0 HBP ($2,618,000)
Local 0 0 Local $0
HBP 5,014,400 150,000 HBP ($4,864,400)
Local 0 0 Local $0
HBP 577,060 477,060 HBP ($100,000)
Local 22,940 22,940 Local $0
FEMA 339,297 0 Other: FEMA ($339,297)
Local 0 0 Local $0
=Sum of Net Increases/Decreases by Fiscal Year 16/17 17/18 18/19 19/20 Totals ($3,988,081)
2016 Earmark Repurposing $0 $367,196 $797,519 $0 $1,164,715HBP $2,618,000 ($2,618,000) ($4,864,400) ($100,000) ($4,964,400)
FEMA $0 ($339,297) $0 $0 ($339,297)Local $0 $47,574 $103,327 $0 $150,901Total $2,618,000 ($2,542,527) ($3,963,554) ($100,000) ($3,988,081)
NOTE: The 2016 Consolidated Appropriations Act allows States to repurpose earmarks designated on or before September 30, 2005.
17/18 ‐100%
The Federal Emergency Management Agency (FEMA) will fund the repair of the Yosemite Area Regional Transportation System (YARTS) Park and Ride Lot in Mariposa, California, which was damaged by the winter storms in February 2017.
Existing 205‐0000‐0273 YARTS: FEMA for Mariposa Park & Ride Lot Repair
DELETE! FTIP programming is NOT REQUIRED! CON
NEW 205‐0000‐0271Campus Parkway Segment 2 Childs Ave Intersection Signalization
The repurposed Campus Parkway Segment 2 was approved by FHWA.
CON
100%
The County of Merced will make pedestrian improvements in the Community of Hilmar. The funding is programmed in FFY 2018/19.Total participating cost = $900,846 (Repurp. Earmark = $797,519; Local = $103,327).
17/18 100%
The County of Merced will signalize the intersection of Campus Parkway Segment 2 and Childs Avenue. The funding is programmed in FFY 2017/18. Total participating cost = $414,770 (Repurp. Earmark = $367,196; Local = $47,574).
Existing 205‐0000‐0037 Grouped Projects for Bridge Rehab./Recon. (HBP)
Update grouped projects programming per 10/26/2017 updated HBP listing.
18/19NEW 205‐0000‐0270 Hilmar Community Pedestrian Improvements
The repurposed Hilmar Community Pedestrian Improvements project was approved by FHWA.
CON
CON 16/17
‐34.2%
Changes to projects:* Push out CON to outer year for Burchell Avenue Bridge;* Advance RW to FFY 18/19 for Jorgensen Road Bridge;* Push out CON to outer year for Los Cerritos Road Bridge;* Advance CON to FFY 16/17 for Moraga Road Bridge;
Original Grouped Listing Total = $14,534,336;Net Change $ = -$4,964,400;Net Change % = -34.2%
CON 17/18
CON 18/19
CON 19/20
054
BEFORE THE
MERCED COUNTY ASSOCIATION OF GOVERNMENTS RESOLUTION NO. 2017/12-21-01
In the Matter of: RESOLUTION ADOPTING the Merced County Association of Governments 2017 Federal Transportation Improvement Program (FTIP) Amendment 10
WHEREAS, the Merced County Association of Governments (MCAG) is a Regional Transportation
Planning Agency and a Metropolitan Planning Organization, pursuant to State and Federal designation; and
WHEREAS, federal planning regulations require Metropolitan Planning Organizations to prepare and adopt a long range Regional Transportation Plan (RTP) for their region; and
WHEREAS, federal planning regulations require that Metropolitan Planning Organizations prepare and
adopt a Federal Transportation Improvement Program (FTIP) for their region; and
WHEREAS, the 2017 Federal Transportation Improvement Program (FTIP) Amendment 10 has been prepared to comply with Federal and State requirements for local projects and through a cooperative process between the Federal Highway Administration (FHWA), the Federal Transit Administration (FTA), the State Department of Transportation (Caltrans), principal elected officials of general purpose local governments and their staffs, and public owner operators of mass transportation services acting through the Merced County Association of Governments forum and general public involvement; and
WHEREAS, the 2017 FTIP Amendment 10 listing is consistent with: 1) the 2014 Regional
Transportation Plan Amendment 1; 2) the 2016 State Transportation Improvement Program; and 3) the Corresponding Conformity Analysis; and
WHEREAS, the 2017 FTIP Amendment 10 contains the MPO’s certification of the transportation
planning process assuring that all federal requirements have been fulfilled; and
WHEREAS, the 2017 FTIP Amendment 10 meets all applicable transportation planning requirements per 23 CFR Part 450; and
WHEREAS, projects submitted in the 2017 FTIP Amendment 10 must be financially constrained and
the financial plan affirms that funding is available; and
WHEREAS, the 2017 FTIP Amendment 10 is consistent with the adopted Conformity Analysis for the 2017 FTIP and the 2014 RTP; and
WHEREAS, the 2017 FTIP Amendment 10 does not interfere with the timely implementation of the Transportation Control Measures; and
WHEREAS, the 2017 FTIP Amendment 10 conforms to the applicable SIPs; and
WHEREAS, the documents have been widely circulated and reviewed by MCAG advisory
committees representing the technical and management staffs of the member agencies; representatives of
055
other governmental agencies, including State and Federal; representatives of special interest groups; representatives of the private business sector; and residents of Merced County consistent with public participation process adopted by MCAG; and
NOW, THEREFORE, BE IT RESOLVED, that MCAG adopts the 2017 FTIP Amendment 10. BE IT FURTHER RESOLVED, that MCAG finds that the 2017 FTIP Amendment 10 is in
conformity with the requirements of the Federal Clean Air Act Amendments and applicable State Implementation Plans for air quality.
The foregoing resolution was passed and adopted by MCAG this 21st day of December, 2017. AYES: NOES: ABSTAIN: ABSENT: ATTEST: I hereby certify that the foregoing is a true copy of a resolution of the Merced County Association of Governments duly adopted at a regular meeting thereof held on the 21st day of December, 2017. Signed: Signed: ______________________________________ ______________________________________ Patrick Pittenger, Executive Director Rodrigo Espinoza, Chair Merced County Association of Governments Merced County Association of Governments
056
ITEM 12b
057
PH: 209.723.3153
FAX: 209.723.0322 www.mcagov.org
369 W. 18th Street Merced, CA 95340
ITEM 12b MEMORANDUM DATE:
December 14, 2017
TO: MCAG Governing Board
FROM: Natalia Austin, GIS Analyst
RE: Authorization to Award Contract for Multi-Use Path Feasibility Studies
BACKGROUND At the September Governing Board meeting, staff was directed to procure consultant services to prepare scoping documents for multi-use path concepts to connect Atwater and Merced through the community of Franklin-Beachwood, and along Highway 152 connecting the Merced College campus to the City of Los Banos. DISCUSSION A Request for Proposals was released on November 6, 2017 for professional services to complete feasibility studies for regional multi-use paths in two proposed locations in Merced County. Under a single contract, the selected firm will complete the feasibility studies in consultation with MCAG, and potentially in collaboration with staff from the City of Atwater, the City of Merced, the City of Los Banos, and the County of Merced. The proposed contract is for one year with a six-month extension option. The scope of work includes a comprehensive inventory and analysis of existing facilities, identification of potential alignment alternatives, cost analysis, and a project implementation schedule. An optional task of providing a Mini-Preliminary Environmental Analysis Report (Mini-PEAR) for each proposed project location is not a requirement but highly desired. Two separate feasibility studies with equal level of detail for both concept locations will be produced. The studies will provide the information and planning necessary for the conceptual projects to compete for state and federal alternative/active transportation funding. Proposals were due December 6, 2017 and were evaluated by a team consisted of staff from MCAG, the City of Atwater, Merced County, the City of Los Banos, and the City of Merced. The evaluation team arrived at a unanimous decision to select Mark Thomas. The proposed contract execution date will be in January 2018. If you have any questions regarding this staff report, please contact Natalia Austin at 723-3153 x 127 or [email protected]. The Citizens Advisory Committee concurs with the requested action. The Technical Review Board concurs with the requested action.
058
FISCAL IMPACT This contract will be funded with PPM funds from the FY17-18 budget. The contract amount for consultant services is not to exceed $105,000. REQUESTED ACTION Authorize the Executive Director to enter into a contract for consultant services to prepare two regional multi-use path feasibility studies in the amount not to exceed $105,000.
059
ITEM 12c
060
PH: 209.723.3153
FAX: 209.723.0322 www.mcagov.org
369 W. 18th Street Merced, CA 95340
ITEM 12c MEMORANDUM DATE:
December 14, 2017
TO: MCAG Governing Board
FROM: Nav Bagri, Finance Director
RE: Authorization to Award Contract to Spriggs Inc. for MCAG Copier Equipment and Maintenance Services
BACKGROUND MCAG staff issued a Request for Proposals (RFP) for new copier equipment and maintenance services on September 22, 2017 and the deadline to submit proposals was October 20, 2017. A total of five (5) proposals were received and the evaluation committee selected Caltronics Business Systems. Caltronics Business Systems declined MCAG’s Notice of Intent to Award (NOIA) therefore; a new NOIA was issued to Spriggs, Inc on November 16, 2017. The proposed contract for leasing two (2) digital copiers and for copier maintenance services is for a 36-month term with two one-year extension options. A request to authorize the Executive Director to enter into contract for copier and maintenance services will be made to the Governing Board at the December 21, 2017 meeting. The proposed contract execution is January 2018. If you have any questions regarding this staff report, please contact Nav Bagri at 209.723.3153 x 154 or [email protected]. The Citizens Advisory Committee concurs with the requested action. The Technical Review Board concurs with the requested action. FISCAL IMPACT The annual budgeted cost for two (2) digital copiers and maintenance services is under rent and lease equipment in the Overall Work Program. Fiscal year 17/18 budgeted amount for copiers is $18,000. The new proposed annual cost is approximately $14,500. This is an annual savings of $3,500. REQUESTED ACTION Authorize the Executive Director to enter into a contract with Spriggs, Inc. for copier equipment and maintenance services in the amount not to exceed $54,000 for 36 months.
061
ITEM 13
062
PH: 209.723.3153
FAX: 209.723.0322 www.mcagov.org
369 W. 18th Street Merced, CA 95340
ITEM 13 MEMORANDUM DATE:
December 14, 2017
TO: MCAG Governing Board
FROM: Ty Phimmasone, Associate Planner
RE: Authorization to Award Contract for Pavement Management System Services
BACKGROUND With the availability of Measure V and SB 1 funding, the member agencies have the opportunity to implement additional transportation projects, including pavement preservation and replacement projects. There is a need to assure the public that those responsible for selecting and implementing projects are doing so efficiently and effectively. Pavement management systems have been used as a tool to assist decision-makers in developing project lists. The system is based on condition data of the pavement – multiple distresses are measured and composite indices like PCI (pavement condition index) are measured. The data is used by pavement management software which considers the conditions, available funds, and treatment options to provide information to decision-makers. The system rates roadway pavement condition, establishes a maintenance and repair schedule, and evaluates the effectiveness of maintenance strategies. SCOPE OF WORK Working with the member jurisdictions, MCAG prepared the scope of work for the Request for Proposals (RFP). The consultant will be responsible for: • Automated pavement condition data collection and post-processing; • Working with the member jurisdictions to define maintenance and rehabilitation strategies and
decision tree; • Setting up budget needs and funding scenarios; • Setting up seven jurisdictional and one countywide pavement management systems; • Providing hands-on training; and • Providing technical support and refresher training sessions for three years. Advertising the RFP resulted in seven proposals. The evaluation committee, made up of staff of Merced County, cities of Merced, Los Banos, Atwater, Livingston, and MCAG, scored the seven proposals and selected Dynatest North America, Inc.
063
COST-SHARING To help with the cost of this endeavor, MCAG shall contribute $200,000 towards the pavement data collection cost. The balance of the pavement data collection cost shall be apportioned amongst the seven member jurisdictions based on collected pavement miles per jurisdiction. The cost for the pavement management systems shall be apportioned amongst the seven member jurisdictions based on the average of collected pavement miles and population per jurisdiction. The eight licenses for the pavement management software, PAVER, for the first year shall be covered by the contract. After the first year, the licensing costs, about $1,000 per license, will be the responsibilities of MCAG and seven member jurisdictions individually. MCAG provided the member jurisdictions with funding agreements, which identify the cost-sharing amounts. MCAG will not award the contract until after receiving the fully-executed funding agreements from all seven member jurisdictions.
AGENCY COST SHARE City of Atwater 18,817.59 City of Dos Palos 3,802.75 City of Gustine 3,656.76 City of Livingston 8,588.71 City of Los Banos 26,921.52 City of Merced 56,770.96 Merced County 182,822.71 SUBTOTAL $301,381.00 MCAG $200,000.00 TOTAL COST $501,381.00
After deducting MCAG’s $200,000 contribution to this effort, the remaining balance of $301,381 was apportioned amongst the seven (7) member jurisdictions based on collected pavement miles and population per jurisdiction. CONTIGENCIES FOR CHANGE ORDERS Any additional costs associated with the Project shall be apportioned between the seven (7) jurisdictions pursuant to the cost-sharing mechanisms. Per the MCAG Purchasing Policy, the Executive Director can approve change orders up to 10% of the original contract amount. Any additional services specific to a member jurisdiction shall be the financial responsibility of the member jurisdiction making the request. These jurisdiction-specific additional costs may be up to an additional 10% of the original contract amount and will not count against the 10% discretionary contingency authorized to the Executive Director.
064
SCHEDULE December 2017 MCAG Board to authorize contract award January 2018 Contract execution / notice to proceed January – February 2018 GIS integration and data collection plan January 2018 Project kickoff meeting February 2018 Automated pavement condition data collection will begin August 2018 Training September 2018 Pavement software setup The Citizens Advisory Committee concurs with the requested action. The Technical Review Board concurs with the requested action. FISCAL IMPACT MCAG shall contribute $200,000 towards the pavement data collection cost. The balance of the pavement data collection cost and the cost for the pavement management systems shall be apportioned amongst the seven member jurisdictions. REQUESTED ACTION Authorize the Executive Director to enter into a contract for pavement management services with Dynatest North America, Inc. for $501,381.
065
ITEM 14
066
PH: 209.723.3153
FAX: 209.723.0322 www.mcagov.org
369 W. 18th Street Merced, CA 95340
ITEM 14 MEMORANDUM DATE:
December 14, 2017
TO: MCAG Governing Board
FROM: Stacie Dabbs, Deputy Executive Director
RE: Transportation Planning Priorities FY 18-19
BACKGROUND
Each year, MCAG is required to develop an Overall Work Program (OWP) to outline the transportation planning work elements and related budget for the fiscal year. The OWP is developed in compliance with federal and state requirements and once adopted, serves as the workplan for all transportation planning activities for MCAG.
As staff begins to develop the FY 18-19 OWP for adoption in spring 2018, there is value in establishing transportation planning priorities that will direct the development of the workplan and provide staff with a framework to support policies and projects that will help achieve those goals as opportunities arise throughout the year.
At the November 17, 2017, Special Meeting of the MCAG Governing Board, staff proposed a draft list of transportation planning goals for the FY 18-19 OWP. Once adopted, these priorities will ultimately serve two main purposes:
1) Serve as the foundation for work to be included in the FY 18-19 OWP.
2) Serve as a board-approved framework from which staff can reference throughout the year as requests to support programs, projects and policies arise.
DISCUSSION
Following the input received from the Governing Board at the special meeting, staff is proposing five transportation planning priorities for FY 18-19:
1) Utilize local funding sources to leverage greater state and federal investments.
2) Support the development of passenger rail in Merced County and the San Joaquin Valley, including connections to Sacramento and the Bay Area (Amtrak San Joaquins, Altamont Corridor Express, and High Speed Rail).
067
3) Support improvements to goods movement corridors (Highways 33, 59, 140, 152, 165) in Merced County and throughout the San Joaquin Valley.
4) Support improvements to Highway 99 in Merced County and throughout the San Joaquin Valley.
5) Support the San Joaquin Valley Blueprint smart growth principles, including projects and programs that promote implementation of the principles:
• Create a range of housing opportunities and choices; • Create walkable neighborhoods; • Encourage community and stakeholder collaboration; • Foster distinctive, attractive communities with strong sense of place; • Make development decisions predictable, fair and cost-effective; • Mix land uses; • Preserve open space, farmland, natural beauty and critical environmental areas; • Provide a variety of transportation choices; • Strengthen and direct development towards existing communities; • Take advantage of compact building design; • Enhance the economic vitality of the region; • Support actions that encourage environmental resource management.
At this time, staff is seeking further discussion and input on the draft priorities. The item will be taken to the committees and Governing Board for action in January 2018. Should you have any questions about the content of this staff report, please contact Stacie Dabbs at [email protected] or (209)723-3153 x 109. REQUESTED ACTION For information only.
068
ITEM 15
069
PH: 209.723.3153
FAX: 209.723.0322 www.mcagov.org
369 W. 18th Street Merced, CA 95340
ITEM 15 MEMORANDUM DATE:
December 14, 2017
TO: MCAG Governing Board
FROM: Patrick Pittenger, Executive Director
RE: Regional Transportation Impact Fee (RTIF) Update
BACKGROUND The Regional Transportation Impact Fee (RTIF) program collects one-time fees from new development to mitigate their impact on the regional road network. The purpose of the program is to ensure that adequate transportation facilities will be available to meet the projected needs of Merced County as it grows, and that the facilities planned are consistent with the Regional Transportation Plan. The Regional Transportation Impact Fee (RTIF) program was established in 2005 when each of the seven jurisdictions in Merced County entered into an implementation agreement authorizing MCAG to manage and administer the fee program. Participation in the collection of the RTIF has varied since its inception. As the region began to recover from the recession, MCAG procured a consultant to prepare a comprehensive update on the RTIF program. The 2016 RTIF Study was accepted by the Governing Board in December 2016 but has not been adopted for implementation. At the November 17, 2017 special meeting of the Governing Board, the status and future of the RTIF program was discussed. No decisions were made and the topic was continued for further discussion at a future meeting. More specifically, staff was directed to identify a menu of options on how to move forward with the RTIF – ranging from the dissolution of the program, to full adoption and implementation of the 2016 study. This information was to also include a variety of options on how to allocate the remaining fund balance should the board decide to dissolve the program. The attached document reflects those options and is intended to serve as information to further discussion with the Governing Board on how to move forward with the RTIF. The document is comprehensive but not exhaustive. Additional options may be added or modified as directed by the Governing Board. DISCUSSION At this time, staff is providing the information on options as requested by the Governing Board for consideration. Staff will bring the item back for further discussion and/or action at a later date per the direction of the Governing Board. REQUESTED ACTION For information only. Attachment: RTIF Alternatives for Consideration – December 2017
070
11/29/17
Regional Transportation Impact Fee (RTIF) Alternatives for Consideration by the Merced County Association of
Governments Governing Board December 2017
This document contains a list of options for how to proceed regarding the RTIF. While this is an extensive list, additional variations could be developed and considered. The MCAG Governing Board has considerable discretion regarding the RTIF, but some options would require actions by individual jurisdictions for implementation.
Option 1: Status quo The Board could act at any time to allocate existing funds to eligible projects. As the 2016 study was not fully implemented, projects would need to be selected from the approved 2008 list. If projects from the 2016 study were desired, each of the seven jurisdictions would need to adopt the 2016 study. The continued collection of RTIF by selected jurisdictions is up to the jurisdictions.
Option 2: Re-commitment to RTIF and adopt the 2016 study All jurisdictions approve the 2016 study and those jurisdictions which have suspended collections resume doing so. Current and future funds would be available throughout the county for projects on the 2016 list at the discretion of the Board. A new study could be conducted in the future as an update to the 2016 study as needed.
Option 3: Termination of the RTIF and distribution of available funds by the Board Without all jurisdictions participating, all jurisdictions cease collecting RTIF. While the RTIF implementation could terminate with withdrawal of jurisdictions, that would render any jurisdiction which withdrew ineligible for funding. Rescission of the 2005 implementation agreement by all jurisdictions would terminate the RTIF and leave all jurisdictions eligible to receive some of the remaining available RTIF funds. Under this option there are many possibilities for the distribution and use of funds.
• Option 3A: Allocation of funds to eligible projectsLike Option 1, the Board could act to allocate existing funds to eligible projects. As the2016 study was not fully implemented, projects would need to be selected from theapproved 2008 list. If projects from the 2016 study were desired, each of the sevenjurisdictions would need to adopt the 2016 study.
• Option 3B: Allocation of funds to east and west regionsWhile final authority remains with the Board, the Board could elect to allocate theremaining funds to the east and west sides of the county as geographically defined inthe Measure V Transportation Expenditure Plan. The available funding could then be
071
11/29/17
considered by the Measure V Eastside and Westside Regional Projects Committees for recommendations to be made to the full board. Projects would need to be selected from the 2008 list unless all jurisdictions adopt the 2016 study.
o Option 3B-1: Allocate funds by Measure V formulaDivide the funds between the east and west based only on the Measure Vmethod (50% by percentage of population and 50% by percentage of roadmileage)
o Option 3B-2: Allocate funds by contribution of jurisdictionDivide the funds between the east and west based on the contributions byindividual jurisdictions. Amount of contributions by each city could be used todetermine city-related contributions for each side of the county. The County’sportion of contribution would still need to be split between the east andwest regions. The allocation of the County’s portion could be done by theMeasure V formula or another method.
o Option 3B-3: Allocate funds by other considerationsFunds could be allocated using other considerations includingcontinued collection of funds, previous use of funds, or any other applicableconsideration.
Option 3C: Allocate remaining funds to all jurisdictions based on contributions Under this option, the funds would be allocated to all seven jurisdictions based on the amount of funds each contributed to the RTIF over the entire length of the program. This would account for jurisdictions which did and did not continue to collect RTIF funds. As a majority of all funds collected have already been expended, each jurisdiction would receive a pro-rated amount of the remaining funds. An estimated $4.9 million is available of the total net revenue of $14.2 million from the life of the program. That means that each jurisdiction would receive about 34.5 percent of the funds which were contributed. The Board has the ability to allocate funds to eligible projects, which is currently the 2008 list. The 2016 study would need to be adopted by all jurisdictions to make the 2016 projects available.
While the Board could allocate funds to each jurisdiction in this manner, the funds could only be used for eligible projects. This could result in some jurisdictions receiving amounts of funds that would not be meaningful compared to the costs of eligible projects. Options would need to be pursued by jurisdictions and the Board to ensure that final allocations would be made to jurisdictions in amounts that could be utilized effectively.
072
ITEM 16
073
PH: 209.723.3153 FAX: 209.723.0322
www.mcagov.org 369 W. 18th Street Merced, CA 95340
ITEM 16 MEMORANDUM
DATE: December 14, 2017
TO: MCAG Governing Board
FROM: Natalia Austin, GIS Analyst
RE: Social Services Transportation Advisory Council Recruitment
BACKGROUND
California’s Transportation Development Act (TDA) requires Merced County Association of Governments (MCAG) to have a Social Services Transportation Advisory Council (SSTAC) in place to oversee the annual Unmet Transit Needs Process.
Prior to making any allocation of TDA funds not directly related to public transportation services, specialized transportation services, or facilities provided for the exclusive use of pedestrians and bicycles, the transportation planning agency shall annually go through an assessment of unmet transit needs.
The process begins with the establishment of a SSTAC under the strict guidelines of the TDA, as defined by the Public Utilities Code. The SSTAC shall consist of the following nine members (1-6):
1. One representative a potential transit user who is 60 years of age or older;2. One representative a potential transit user who is disabled;3. Two representatives of the local service providers for seniors, including one representative of
a social service transportation provider, if one exists;4. Two representatives of local service providers for the disabled, including one representative of
a social service transportation provider, if one exists;5. One representative of a local social service provider for persons of limited means; and6. Two representatives from the local consolidated transportation service agency, including one
representative from an operator, if one exists.
074
The following table identifies current SSTAC members and vacancies:
Name Agency TDA (PUC) Representative Area
2018-19 Chair &
Vice Chair
Appoint. Date
Term Expires
1 a Alexandra PierceAdult and Aging Services - Human Services Agency
Local service provider for seniors, including one representative of a social service transportation provider, if one exists
Feb-15 1st term - 2018
b VACANT
Local service provider for seniors, including one representative of a social service transportation provider, if one exists
2Margaret Buchmann-Garcia COVE
Transit user who is 60 years of age or older 2011
1st term - 2014 ; 2nd term - 2018
3 Allen Norris COVE Disabled transit rider 17-Feb-17 1st term - 2020
4 a Artis SmithTransit Manager - Merced County Transit The Bus
Local consolidated transportation service agency representative , including one representative from an operator, if one exists
C NA NA
b Albert Perez National Express
Local consolidated transportation service agency, including one representative from an operator, if one exists
NA NA
5 aLynn Downum-Hanzal
Resources for Independence Central Valley (RICV)
Local social service provider for the disabled, including one representative of a social service transportation provider, if one exists.
VC Oct-121st term - 2015; 2nd
term - 2019
b VACANT
Local social service provider for the disabled, including one representative of a social service transportation provider, if one exists.
6 VACANTLocal social service provider for persons of limited means
Rep
Currently, the SSTAC has three vacancies. MCAG staff would welcome any suggestions from the Board regarding potential applicants to fill the vacant positions. Meanwhile, staff will continue to advertise to the public and reach out to various county organizations that may have candidates that fit the criteria as outlined by the TDA. If you have any questions about this agenda item, please contact Natalia Austin at (209)723-3153 x 127 or [email protected]. FISCAL IMPACT None. REQUESTED ACTION For information only.
075
ITEM 17
076
The Public Transportation Services of the Transit Joint Powers Authority for Merced County 369 W. 18th Street, Merced, CA 95340 .. (209) 723-3100 .. (209) 723-0322 fax .. mercedthebus.com
ITEM 17 MEMORANDUM DATE:
December 14, 2017
TO: Transit Joint Powers Authority for Merced County
FROM: Nav Bagri, Finance Director
RE: TJPA Financial Report for July 2017 – September 2017 (unaudited)
DISCUSSION Attached for your review is the Profit and Loss Budget versus Actual report for the period July 2017 through September 2017. If you have any questions regarding this staff report, please contact Nav Bagri at 723.3153 x 154 or [email protected] REQUESTED ACTION For information only. Attachment: Profit and Loss Budget vs. Actual report for the period July 20176 through September 2017
077
Transit JPA
P L Budget vs. Actual
1ST Quarter FY 2017-18
Unaudited
Actual
7/1/17-9/30/17
Budget
July -June 18
Variance
Remaining
Balance
Remaining
Budget %
Income
State Transit Assistance 262,813 2,575,666 2,312,853 89.8%
Local Transp. Funds 3,293,899 3,293,899 100.0%
Interest 22,327 7,000 (15,327) -218.95%
Federal Agencies
CMAQ 100,000 100,000 100.0%
LCTOP 189,587 125,925 (63,662) 0.0%
FTA - 0.0%
FTA Cec 5311 - Rural 507,341 507,341 100.0%
FTA 5307-Merced 2,658,901 2,658,901 100.0%
FTA 5307-Turlock 230,010 230,010 100.0%
Subtotal - Federal Agencies 474,727 3,622,177 3,432,590 94.77%
Farebox Revenues 69,034 1,461,113 1,392,079 95.28%
UC Route Revenues 106,621 360,600 253,979 70.43%
Senior/Veteran Fares 24,689 150,000 125,311 83.54%
Misc Other-Asset Sale - - #DIV/0!
Misc Revenue 992 - (992) #DIV/0!
Transfer In - PTMISEA & CalEMA funds - 0 #DIV/0!
Total Income 676,063 11,470,455 10,794,392 94.11%
Gross Profit 676,063 11,470,455 10,794,392 94.11%
Expense
Prof & Special Svc $1,154,688 7,280,385 6,125,697 84.14%
Communications - IS $21,175 125,800 104,625 83.17%
Janitorial Expense $1,266 2,350 1,084 46.13%
Insurance - Gen Liability $44,235 44,000 (235) -0.53%
Maint Equipment $279,916 1,406,880 1,126,964 80.1%
Maint - Equip Fuel $274,846 1,821,150 1,546,304 84.91%
Maint-Structures $1,158 37,030 35,872 96.87%
Membership $201 4,300 4,099 95.33%
Marketing & Promotions (CMAQ) $24,577 100,000 75,423 75.42%
Office Expense $3,832 8,500 4,668 54.92%
Rents & Leases - Struct $28,975 142,760 113,785 79.7%
Trans & Travel $896 23,500 22,604 96.19%
Utilities $4,055 25,600 21,545 84.16%
Special Department $98,092 448,200 350,108 78.11%
Total Expense $1,937,912 11,470,455 9,532,543 83.11%
Net Operating Profit (Loss)
Fixed Asset-Capital Costs $313,951 7,449,615 7,135,664 95.79%
Net Income (1,575,800) -7,449,615 5,873,815
Page 1 078
ITEM 18
079
The Public Transportation Services of the Transit Joint Powers Authority for Merced County 369 W. 18th Street, Merced, CA 95340 (209) 723-3100 (209) 723-0322 fax www.mercedthebus.com
ITEM 18 MEMORANDUM
DATE: December 14, 2017
TO: Transit Joint Powers Authority for Merced County
FROM: Patrick Pittenger, Executive Director
RE: Authorization to Award Contract for Architectural and Engineering Services for The Bus Maintenance Facility
BACKGROUND
The Transit Joint Powers Authority for Merced County (TJPAMC) is in the process of building a new Operations and Maintenance Facility. The construction contract with Acme Construction Company, Inc. is valued at $6,549,000. Golden Valley Engineering is currently under contract to provide design input during construction through December 2017.
DISCUSSION
TJPAMC has been in contract with Golden Valley Engineering since April 2016. Continued Architectural, Engineering and Surveying services are needed until the facility is completed and fully operational.
If you have any questions regarding this staff report, please contact Patrick Pittenger at 209.330.9067 or [email protected].
The Technical Review Board concurs with the requested action.
FISCAL IMPACT
Transit will use available transit funds.
REQUESTED ACTION
Authorize the Executive Director to enter into a contract with Golden Valley Engineering for Architectural, Engineering and Surveying Services for The Bus Maintenance Facility in an amount not to exceed $65,000.
Attachment: Cost Summary for new Contract for Architectural, Engineering and Surveying Services
080
081
ITEM 19
082
The Public Transportation Services of the Transit Joint Powers Authority for Merced County 369 W. 18th Street, Merced, CA 95340 (209) 723-3100 (209) 723-0322 fax www.mercedthebus.com
ITEM 19 MEMORANDUM DATE:
December 14, 2017
TO:
Transit Joint Powers Authority for Merced County
FROM:
Patrick Pittenger, Executive Director
RE:
Approve the Purchase of Solar Powered Lights for Bus Stop Posts
BACKGROUND
The Transit Joint Powers Authority for Merced County (TJPAMC) applied for and received a California Office of Emergency Services (CalOES) Safety Grant for the purpose of purchasing and installing solar powered lights at bus stop posts. Upon further research on solar light options, it was determined that there were sufficient vendors that supplied solar light kits that could be easily installed by staff. This would allow us to maximize the number of solar lights to purchase with the available budget. TJPAMC is a member of the California Association for Coordinated Transportation (CalACT), which allows the utilization of the CalACT Purchasing Cooperative. The Cooperative provides a federal and California State compliant purchasing solution that allows members to select, not settle for the equipment that best meets their transit safety needs. Staff has reviewed the CalACT Purchasing Cooperative and recommends the 5 Watt PV Solar Powered Lighting with push button activation through Tolar Manufacturing Company, Inc. If you have any questions regarding this staff report, please contact Malee Unruh at 209.723.3100 x 502 or [email protected]. The Technical Review Board concurs with the requested action. FISCAL IMPACT TJPAMC’s Fiscal Year 17/18 budgeted $168,304 for solar powered lights. The actual cost by implementing a CalACT Purchasing Cooperative would be $125,775, a savings of $42,529 which can be utilized for a future safety and security project.
REQUESTED ACTION Approve the purchase of solar powered lighting equipment through a CalACT Purchasing Cooperative Agreement with Tolar Manufacturing Company, Inc.
083
ITEM 20
084
PH: 209.723.4481 FAX: 209.384.3109
7040 N. Highway 59 Merced, CA 95348
ITEM 20 MEMORANDUM DATE:
December 14, 2017
TO:
Merced County Regional Waste Management Authority
FROM:
Brooks Stayer, Director
RE:
Oral Report – Monthly Tonnage Update
SUMMARY In order to keep the Technical Review Board (TRB) and Merced County Regional Waste Management Authority Board (MCRWMAB) informed, Director of Merced County Regional Waste Management Authority Brooks Stayer will provide a monthly update to the Board on RWA activities and revenue. Discussion: Brooks Stayer will give a presentation on landfill tonnage revenue generated at the Highway 59 and Billy Wright Landfills, as well as other monthly updates from RWA. FISCAL IMPACT None; increase in revenue. REQUESTED ACTION For information only. Attachment: Chart: November Comparisons 2013-2017
085
19,08621,434
16,702
21,019
25,845
3,716 3,385
6,495
10,167
14,310
22,80124,820
23,197
31,186
40,155
0
3,000
6,000
9,000
12,000
15,000
18,000
21,000
24,000
27,000
30,000
33,000
36,000
39,000
42,000
45,000
Nov '13 Nov '14 Nov '15 Nov '16 Nov '17
Tons
Disposed Tons For Highway 59 and Billy Wright LandfillsNovember Comparison: 2013 - 2017
H59 DisposedTons
BWL DisposedTons
TotalDisposedTons
Billy Wright Landfill
Highway 59 Landfill
Total Tons Both Landfills
086
ITEM 21
087
PH: 209.723.4481 FAX: 209.384.3109
7040 N. Highway 59 Merced, CA 95348
ITEM 21 MEMORANDUM DATE:
December 14, 2017
TO:
Merced County Regional Waste Management Authority
FROM:
Nadia Gonzalez, Financial Services Manager
RE:
Merced County Regional Waste Management Authority Financial Reports
BACKGROUND Attached for your review is the Profit and Loss Budget vs. Actual Report for the first quarter ending September 30, 2017. The Pooled Investment Summary Report for the period ending September 30, 2017 is likewise included. These numbers are preliminary and unaudited. If you have any questions regarding this staff report, please contact Nadia Gonzalez at 723-4481 x 219 or [email protected]. FISCAL IMPACT None. REQUESTED ACTION For information only. Attachments: Profit and Loss Budget vs Actual Report for the First Quarter ended September 30, 2017 Pooled Investment Summary Report for the period ended September 30, 2017
088
MCRWMAProfit/Loss Budget vs Actual
For the Three Months Ended Saturday, September 30, 2017
Variance7/1/2017 - Budget Remaining Remaining9/30/2017 07/01/17 - 06/30/18 Balance Budget %
RevenueFacility Fees-Disp $4,854,999 $10,700,000 $5,845,001 54.63%Reimbursed Services 37,876 48,700 $10,824 22.23%Other Sales 32,366 50,000 $17,634 35.27%Misc. Revenue 31,164 50,000 $18,836 37.67%Interest 3,017 100,000 $96,983 96.98% Total Revenue 4,959,422 10,948,700 $5,989,278 54.70%
Operating Expenses
Employee-Related Expenses 724,032 3,301,085 $2,577,053 78.07%
Other Operating ExpensesGeneral Liability Ins 127,000 241,100 $114,100 47.32%Clothing/Personal Supply 6,296 20,600 $14,304 69.44%Janitorial Expense 996 18,000 $17,004 94.47%Equipment Maintenance/Repair 85,769 325,400 $239,631 73.64%Equipment Fuel/Oil/Supplies 91,800 492,500 $400,700 81.36%Structures & Grounds Maintenance 26,308 277,000 $250,692 90.50%Tools & Instruments 475 9,000 $8,525 94.72%Dues, Subscriptions & Membership 2,721 6,955 $4,234 60.88%Operations - Cash Over/Short (254) 500 $754 150.80%Operations - Bank Charges 281 9,000 $8,719 96.88%Office Expense - General 9,158 50,500 $41,342 81.87%Professional/Special Svcs 186,980 925,260 $738,280 79.79%Information Services 10,389 50,000 $39,611 79.22%Interest Expense 223 375 $152 40.53%Testing Lab/Medical/Misc 1,690 5,500 $3,810 69.27%Publications/Advertise 24,000 $24,000 100.00%Equipment Lease/Rent 70,056 106,625 $36,569 34.30%Rent Expense:Grounds/Imprvmt/Structure 2,829 6,800 $3,971 58.40%Special Department Expense:Other 65,000 $65,000 100.00%Software 16,814 50,000 $33,186 66.37%State Solid Waste Fees 185,704 385,000 $199,296 51.77%Travel Expense 3,888 25,000 $21,112 84.45%Training 5,587 15,500 $9,913 63.95%Communication 4,132 33,100 $28,968 87.52%Electric Utility Service 17,882 83,000 $65,118 78.46%Closure and postclosure expense* 80,000 $80,000 100.00% Total Other Operating Expenses 856,724 3,305,715 $2,448,991 74.08%
Total Operating Expenses 1,580,756 6,606,800 5,026,044 76%
Additional Expense SectionPrincipal Pymt/2007 Bond 1,668,000 $1,668,000 100.00%Interest Pymt/2007 Bond 503,242 $503,242 100.00%Fixed Assets 71,210 115,000 $43,790 38.08% Total Additional Expense Section 71,210 2,286,242 2,215,032 96.89%
TOTAL OPERATING AND ADDITIONAL EXPENSES 1,651,966 8,893,042 7,241,076 81.42%
Net Income (Loss) $3,307,456 $2,055,658 ($1,251,798) (60.90%)
089
% Rate of % Rate ofAccount Balance Return QTD Return YTD
Wells Fargo Bank - Operating Fund 7,004,018$ 1.050 1.050County of Merced Investment 25,996,933 1.390 1.390
Total Bank and Investment Balances 33,000,951$
MERCED COUNTY REGIONAL WASTE MANAGEMENT AUTHORITYPOOLED BANK AND INVESTMENT BALANCES
09/30/2017
21.22%2.46%
10.57%
1.55%
0.48%6.07%
2.76%
54.89%
POOLED INVESTMENTS
Operating
JPA Operations
Fleet
Contingency
Liab. Ins.
59 Closure
BW Closure
Capital
090
ITEM 22
091
PH: 209.723.4481 FAX: 209.384.3109
7040 N. Highway 59 Merced, CA 95348
P a r t n e r i n g f o r R e g i o n a l S o l u t i o n s
ITEM 22 MEMORANDUM
DATE: December 14, 2017
TO: Merced County Regional Waste Management Authority
FROM: Brooks Stayer, Director
RE: Modification to Amended Contract No. WMA2011-05 with Remy, Moose, Manley LLC (RMM)
SUMMARY
Amended contract WMA2011-05 was approved by the Governing Board on October 16, 2017. Remy Moose, Manley LLC (RMM) had reviewed and approved the amended contract prior to it being placed on the October agenda. Before signing, however, the RMM office manager noticed an issue with the insurance requirements. RMM has General Liability Insurance coverage of $1,000,000 per occurrence with an annual aggregate of $2,000,000, not the $5,000,000 per occurrence provided for in the contract. It is therefore requested, that the General Liability Insurance limits be lowered from $5,000,000 to $1,000,000 per occurrence with an annual aggregate of $2,000,000. Professional liability limits remain at $5,000,000.
Given the fact that RMM staff never come onto landfill property and that professional liability limits remain unchanged, Authority Counsel has determined that the reduction in General Liability Insurance does not present a major issue and recommends moving forward with the amended contract.
REQUESTED ACTION
Authorize the MCAG Executive Director to execute Contract No. WMA2011-05 with the modified insurance section.
Attachment: Merced County Regional Waste Management Authority amended Contract No. WMA2011- 05 Agreement for Specialized Legal Services
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MERCED COUNTY REGIONAL WASTE MANAGEMENT AUTHORITY
AMENDED CONTRACT NO. WMA2011-05
AGREEMENT FOR SPECIALIZED LEGAL SERVICES
THIS Amended AGREEMENT (hereafter “Agreement”) is made and entered into this 21st day of December
2017, by and between the MERCED COUNTY REGIONAL WASTE MANAGEMENT AUTHORITY, a California joint
powers authority pursuant to Government Code Section 6500 et seq, (hereafter “AUTHORITY”), and the law firm of Remy
Moose Manley, LLP, located at 555 Capitol Mall, Suite 800, Sacramento, California 95814 (hereafter "ATTORNEY").
RECITALS
WHEREAS, AUTHORITY from time to time has the need for special legal counsel with expertise in
environmental law matters and for advice and representation concerning such legal issues; and,
WHEREAS, the AUTHORITY wishes to engage the specialized legal services of outside counsel; and
WHEREAS, ATTORNEY represents that it is specially trained and experienced and that it possesses such
expertise; and
NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby
agree as follows:
AGREEMENT
1. Employment of Attorney.
AUTHORITY hereby hires ATTORNEY as its special counsel with respect to matters the AUTHORITY
specifically refers to ATTORNEY. ATTORNEY shall provide legal services as reasonably required to represent
AUTHORITY in such matters, take reasonable steps to keep AUTHORITY informed of significant developments,
and respond to AUTHORITY’S inquiries regarding those matters. AUTHORITY hereby hires ATTORNEY as an
independent contractor through the services of the following key person(s): Andrea K. Leisy, Attorney at Law,
Partner and such other partners , associate attorneys, of-counsel, and staff members employed by ATTORNEY, as
ATTORNEY deems necessary and which the AUTHORITY general counsel, or its designee, approves. It is
understood that ATTORNEY may not replace any of the aforementioned key persons named above and listed in
Exhibit A of this Agreement without the prior, express, and written approval of the AUTHORITY general counsel
or its designee. In case of death, illness or other incapacity of any of the foregoing key persons, ATTORNEY shall
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provide a replacement of at least equal professional ability and experience.
A. Scope of Services:
ATTORNEY shall provide legal services to AUTHORITY in a competent and professional manner, including
all the usual and customary activities of an attorney that are reasonable and necessary to performance of the scope of
work herein and to assist and advise the AUTHORITY in the following manner:
1. Provide oral and written advice concerning environmental law;
2. Attend meetings and/or communicate with AUTHORITY staff or the AUTHORITY BOARD
upon request by the AUTHORITY general counsel or its designee;
3. Perform such other legal services as may be requested from time to time by the AUTHORITY
general counsel or its designee; and
4. Apprise AUTHORITY general counsel, in writing, of any significant developments related to
work performed under this Agreement and obtain authorization from AUTHORITY general
counsel before entering into any agreement related to any such developments
B. Authorization to Proceed With Work:
ATTORNEY shall commence performance of services upon receiving authorization to proceed with work from
the AUTHORITY Executive Director or designee.
2. Performance by Attorney.
ATTORNEY agrees to avoid any unnecessary or duplicative efforts on the part of ATTORNEY and
ATTORNEY's partners, associate attorneys, and staff members in ATTORNEY's performance of services for the
AUTHORITY hereunder.
AUTHORITY shall not be obligated to compensate ATTORNEY for intra-office conferences between or among
ATTORNEY's partners, associate attorneys, and staff members, unless such intra-office conferences promote efficiency in
the performance of ATTORNEY's work on a matter or a reduction in the amount of compensation paid or reimbursement
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made for related, actual, reasonable and necessary out-of-pocket expenses to ATTORNEY, or both.
In the performance of the tasks identified in paragraph 1 under this Agreement, ATTORNEY shall provide only
those services which are necessary to carry out such tasks in an efficient and effective manner.
3. Compensation of ATTORNEY.
AUTHORITY shall be obligated to compensate ATTORNEY pursuant to the terms and conditions of this
Agreement only for the performance of those tasks, to the reasonable satisfaction of the AUTHORITY, identified in
paragraph 1 of this Agreement performed during the term of this Agreement. It is understood that AUTHORITY shall not
be obligated to compensate ATTORNEY for any work, services, or functions performed by ATTORNEY which do not
arise directly from the performance of tasks identified in paragraph 1 of this Agreement, including, but not limited to, work,
services or functions performed by ATTORNEY: (a) in seeking to obtain AUTHORITY’s business or negotiating with the
AUTHORITY to enter into this Agreement or, (b) in providing AUTHORITY with documentation, explanations, or
justifications concerning the adequacy or accuracy of its invoices for the performance of services under this Agreement and
resolving same to the reasonable satisfaction of AUTHORITY.
A. Attorney Fees.
AUTHORITY agrees to pay and ATTORNEY agrees to accept as full compensation for performance of tasks
under this Agreement the stated billing rate per hour, and billed in 6 minute increments (10ths of an hour), per person
updated by this contract amendment and identified in Exhibit A, attached hereto and incorporated herein by this
reference, based upon the actual time expended by ATTORNEY in rendering legal services under this Agreement to
AUTHORITY.
ATTORNEY shall provide AUTHORITY with the necessary representation by staff qualified to perform the legal
tasks at the least costly billing category. ATTORNEY shall assign only competent personnel to perform services under this
Agreement at the billing rate per hour identified in Exhibit A. In the event AUTHORITY, in its sole discretion, at any time
during the term of this Agreement, desires the removal of any person assigned by ATTORNEY, ATTORNEY shall remove
such person.
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ATTORNEY may be called upon to travel outside of Merced County on a matter covered by this Agreement. In
such event, ATTORNEY shall bill AUTHORITY at the hourly rate set forth in Exhibit A.
B. Reimbursement for Costs and Expenses.
In addition to attorney fees, AUTHORITY shall reimburse ATTORNEY for all reasonable out-of-pocket costs
and expenses which may be incurred by ATTORNEY with respect to the services to be performed under this
Agreement, as set forth in Exhibit A.
It is understood that ATTORNEY shall not be reimbursed for its secretarial, clerical, word processing or typist
services (including overtime hours worked), or normal office operating expenses, with the exception of those charges and
expenses stated in Exhibit A.
C. Maximum Amounts Paid.
IN NO EVENT SHALL THE MAXIMUM AMOUNT PAID TO ATTORNEY AS COMPENSATION AND AS
REIMBURSEMENT FOR RELATED, ACTUAL, REASONABLE, AND NECESSARY OUT-OF-POCKET EXPENSES
EXCEED SEVENTY-FIVE THOUSAND DOLLARS ($75,000.00), NOR SHALL COMPENSATION EXCEED, IN ANY
SINGLE FISCAL YEAR PERIOD, TWENTY-FIVE THOUSAND DOLLARS ($25,000.00).
In the event aggregate billings for compensation and expenses reach the amount of $25,000.00 in any single
fiscal year period, AUTHORITY and ATTORNEY agree to meet and confer regarding the legal services and budget.
ATTORNEY shall not proceed with work that will result in billings in excess of $25,000.00 in any single fiscal year
period, or in exceedance of the $75,000 total limit, without the express written approval of AUTHORITY.
4. Payment and Record-keeping.
Subject to paragraph 3 of this Agreement, payment of compensation for the services provided and reimbursement
for related, actual, reasonable, and necessary out-of-pocket expenses incurred by ATTORNEY in the performance of
services under this Agreement shall be made by AUTHORITY only after submission of an itemized invoice by
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ATTORNEY to the AUTHORITY no later than the fifteenth (15th) day of the month following the month services are
rendered.
All such invoices shall have sufficient detail as may be required by the AUTHORITY Auditor, including,
but not limited to:
A. The specific nature of each task performed under this Agreement;
B. The name of the partner or associate attorney performing such task;
C. The number of hours worked by each person on such task;
D. The hourly rate for each such person performing each task; and
E. The related, actual, reasonable, and necessary out-of-pocket expenses incurred in the performance of each
such task.
In addition to the requirements of this paragraph 4, each invoice shall set forth a summary of hours worked by
each partner and associate attorney for the applicable billing period. Each invoice shall set forth the product of such
summary of hours worked by each person multiplied by each such person's billing rate, as set forth herein.
In preparing invoices, ATTORNEY shall segregate each task performed on a daily basis. If AUTHORITY general
counsel or its designee requests that ATTORNEY not combine unrelated tasks as a single entry in lieu of setting forth the
hours of work performed by a partner or associate attorney in each specific task, then ATTORNEY shall comply with such
request unless and until otherwise advised by AUTHORITY general counsel or its designee.
ATTORNEY shall prepare its invoices in an organized manner that facilitates an efficient review of the services
performed and the expenses incurred in order to provide AUTHORITY with a clear and complete picture of how much time
was devoted to specific tasks and projects and the cost associated therewith.
ATTORNEY shall keep complete records of the services provided, as described in this paragraph 4, together
with all related actual, reasonable, and necessary out-of-pocket expenses applicable to the work provided under this
Agreement. The AUTHORITY Auditor or duly authorized representative shall be given reasonable access to all of these
records for the purposes of an audit of this Agreement. In addition, ATTORNEY shall be subject to the examination and
audit of such records by the State Auditor for a period of three (3) years after final payment under this Agreement under
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Government code section 8546.7, if applicable.
5. Term of Agreement; Termination.
This Agreement shall become effective December 21, 2017, (the "Effective Date") and shall continue in full force
and effect until June 30, 2020, unless the term hereof is extended by both parties pursuant to a written amendment to this
Agreement or is earlier terminated under the terms of this Agreement.
AUTHORITY may terminate this Agreement at any time upon reasonable notice to ATTORNEY. ATTORNEY
may withdraw its services with AUTHORITY’s consent or as allowed or required by law upon reasonable notice to
AUTHORITY. During the notice period, ATTORNEY shall continue to work under this Agreement and act in the best
interests of AUTHORITY. At the end of the notice period, all work by ATTORNEY shall cease and, in order to avoid any
prejudice to AUTHORITY, ATTORNEY shall promptly deliver to AUTHORITY general counsel all files relating to the
matters undertaken by ATTORNEY. In the event of termination, the AUTHORITY’s rights under any pending matter
which may arise from ATTORNEY's services hereunder shall not be prejudiced due to such termination, as required by the
Rules of Professional Conduct of the State Bar of California. Subject to paragraph 3 above, ATTORNEY shall be paid for
all services performed to the date of termination of this Agreement which are performed to the reasonable satisfaction of
AUTHORITY.
6. Independent Contractor.
In performance of the work, duties and obligations assumed by ATTORNEY under this Agreement, it is
mutually understood and agreed that ATTORNEY, including any and all of ATTORNEY's partners, officers, agents, and
employees, will at all times be acting and performing as an independent contractor and shall act in an independent
capacity and not as an officer, agent, servant, employee, joint venturer, partner, or associate of the AUTHORITY.
Furthermore, AUTHORITY shall have no right to control or supervise or direct the manner or method by which
ATTORNEY shall perform its obligations under this Agreement. However, AUTHORITY shall retain the right to
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administer this Agreement so as to verify that ATTORNEY is performing its obligations in accordance with the terms
and conditions hereof. ATTORNEY and AUTHORITY shall comply with all applicable provisions of law and the rules
and regulations, if any, of governmental authorities having jurisdiction over the subject matter of this Agreement.
Because of its status as an independent contractor, ATTORNEY shall have absolutely no right to employment
rights and benefits available to AUTHORITY employees. ATTORNEY shall be solely liable and responsible for providing
its employees all legally required employee benefits. In addition, ATTORNEY shall be solely responsible and hold
AUTHORITY harmless from all matters related to payment of ATTORNEY's employees, including compliance with social
security, withholding, and all other regulations governing such matters. It is acknowledged that during the term of this
Agreement, ATTORNEY may be providing services to others unrelated to the AUTHORITY or to this Agreement.
7. Waiver of Conflicts.
AUTHORITY retains ATTORNEY for the purposes provided in paragraph I. ATTORNEYS existing clients
include River West Investments ("River West") and the Santa Nella County Water District ("SNCWD") [collectively
"EXISTING CLIENTS"). River West is the proponent of the Villages Project, which also seeks land use entitlements from
the County Board of Supervisors. River West also owns property within the Santa Nella Community Specific Plan
("SNCSP") area. In consideration of waivers granted to ATTORNEYS by these EXISTING CLIENTS permitting
ATTORNEYS to contract with the AUTHORITY, the AUTHORITY, by signing this agreement, hereby waives any
objections it might otherwise have to ATTORNEYS’ continued representation of these clients, including in proceeding
before the County Board of Supervisors.
8. Hold Harmless.
ATTORNEY shall hold AUTHORITY, its officers, agents, and employees harmless and indemnify and defend
AUTHORITY, its officers, agents, and employees against payment of any and all costs and expenses, claims, suits, losses,
damages, and liability arising from ATTORNEY’s performance under this Agreement or arising out of any negligent or
wrongful acts or omissions of ATTORNEY, including its partners, officers, agents, and employees, in performing or failing
to perform the services provided herein. The AUTHORITY’s receipt of any insurance endorsements and certificates
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required herein does not in any way relieve the ATTORNEY from its obligations under this paragraph 7 of this Agreement.
At the same time, AUTHORITY recognizes that the environmental laws are complex and difficult to interpret and that even
the most experienced environmental attorneys can at most make educated predictions regarding how courts or regulatory
agencies will apply or interpret existing statutes, regulations, or court precedents to new sets of facts not yet addressed in
case law or elsewhere. For these reasons, the fact that a court or regulatory agency may not ultimately agree with advice
provided by ATTORNEY to AUTHORITY shall not create a presumption that ATTORNEY was negligent in providing
such advice.
9. Insurance.
Without limiting the AUTHORITY’s rights under paragraph 8 of this Agreement, ATTORNEY, at its sole
expense, shall maintain in full force and effect the following insurance policies throughout the entire term of this
Agreement:
A. One or more policies of professional liability insurance with limits of coverage of not less than Five
Million Dollars ($5,000,000.00) per occurrence with an annual aggregate of Five Million Dollars ($5,000,000.00);
B. A policy of commercial general liability insurance with limits of coverage of not less than One Million
Dollars ($1,000,000.00) per occurrence; and annual aggregate of Two Million Dollars ($2,000,000.00); and
C. A policy of workers compensation insurance as is required by the California Labor Code,
providing full statutory coverage.
All such insurance policies shall be issued by California admitted insurers acceptable to AUTHORITY’s general
counsel. This insurance shall not be cancelled, reduced, or changed without a minimum of thirty (30) calendar days'
advanced, written notice given to AUTHORITY at the following addresses:
Brooks Stayer, Solid Waste DirectorMERCED COUNTY REGIONAL WASTE MANAGEMENT AUTHORITY7040 N. Highway 59Merced CA 95348
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Haden Law Office2241 N StreetMerced, CA 95340
ATTORNEY shall obtain endorsements to the Commercial General Liability insurance naming the AUTHORITY,
its officers, agents, and employees, individually and collectively, as additional insured, but only insofar as the operations
under this Agreement are concerned. Such coverage for additional insured shall apply as primary insurance and any other
insurance, or self-insurance, maintained by AUTHORITY, its officers, agents and employees shall be excess only and not
contributing with insurance provided under ATTORNEY's policies herein.
In addition to the foregoing obligations, ATTORNEY agrees that it shall maintain, at its sole expense, in full force
and effect for a period of three (3) years following the termination of this Agreement, one or more policies of professional
liability insurance with limits of coverage of not less than Five Million Dollars ($5,000,000.00) per occurrence; provided,
however, in the event that ATTORNEY does not maintain such policy(ies) of insurance for such entire three (3) year
period, ATTORNEY shall maintain, at its sole expense, in full force and effect extended claims reporting coverage
insurance in lieu thereof in the amount of not less than Five Million Dollars ($5,000,000.00).
Before the date ATTORNEY commences performing services under this Agreement, ATTORNEY shall provide
certificates of insurance and endorsements as stated above for all of the foregoing policies, as required herein, to the
AUTHORITY at 369 West 18th Street, Merced, CA 95340.
10. Agreement is Binding Upon Successors.
This Agreement shall be binding upon AUTHORITY and ATTORNEY and their successors, executors,
administrators, legal representatives, and assigns with respect to all the covenants and conditions set forth herein.
11. Assignment and Subcontracting.
Neither party hereto shall assign, transfer, or sub-contract this Agreement nor its rights or duties hereunder without
the written consent of the other.
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12. Amendments.
This Agreement may not be modified, changed or amended except by written agreement properly and duly
executed by AUTHORITY’s Executive Director and ATTORNEY, except that ATTORNEY may notify AUTHORITY of
proposed rate increases 30 days before such increases would take effect. After receiving such notice, AUTHORITY may
agree to such increases or choose to terminate this Agreement.
13. Conflict of Interest.
Except as provided in Section 7 ("Waiver of Conflicts") above, ATTORNEY promises, covenants, and warrants
that the performance of its services and representation to AUTHORITY under this Agreement do not result in a "conflict of
interest" as that term is used in the Rules of Professional Conduct of the State Bar of California. In the event a "conflict of
interest" occurs, ATTORNEY will request AUTHORITY’s Governing Board to waive such "conflict of interest" on a case-
by-case basis, provided however, AUTHORITY’s Governing Board is not obligated to grant any such waiver of "conflict
of interest."
14. Further Assurances by ATTORNEY:
ATTORNEY represents that attorneys providing services under this Agreement are duly admitted to practice law
in the State of California, are in good standing, and have special experience and expertise in employment law claims,
administrative hearings and litigation. ATTORNEY further represents that it has read and is familiar with Government
Code sections 1090 et seq. and sections 87100 et seq. ATTORNEY promises, covenants, and warrants that the performance
of services under this Agreement shall not result in or cause a violation by it of Government Code sections 1090 et seq. or
sections 87100 et seq.
15. Compliance With Laws.
ATTORNEY shall comply with all federal, state, and local laws and regulations applicable to the performance of
its obligations under this Agreement.
16. Notices. The persons and their addresses having authority to give and receive notices under this Agreement are the
following:
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MCRWMA7040 N. Highway 59 555 Capitol Mall, Suite 800
Sacramento, CA 95814Merced CA 95348
With Copy to: AUTHORITY GENERAL COUNSELHaden Law Office2241 N St.Merced, CA 95340-3614
Any and all notices between AUTHORITY and ATTORNEY provided for or permitted under this Agreement or
by law shall be in writing and shall be deemed duly served when personally delivered to one of the parties, or in lieu of
such personal service, when deposited in the United States Mail, postage prepaid, addressed to such party. Any notices to
be given or provided for under this Agreement are not modifications or changes of this Agreement.
17. Venue and Governing Law.
The parties agree that for purposes of venue, this Agreement is made in Merced County, California, that
performance under this Agreement shall be in Merced County, California, and that the proper venue for any action between
the parties shall be in the Superior Court for Merced County, California. The rights and obligations of the parties and all
interpretations and performance of this Agreement shall be governed in all respects by the laws of the State of California.
18. Entire Agreement.
This Agreement, including Exhibit A hereto, constitutes the entire agreement between AUTHORITY and
ATTORNEY with respect to the specialized legal services to be provided herein and supersedes any previous agreement
concerning the subject matter hereof, negotiations, proposals, commitments, writings, or understandings of any nature
whatsoever unless expressly included in this Agreement.
If any part of this Agreement is found violative of any law or is found to be otherwise legally defective,
ATTORNEY and AUTHORITY shall use their best efforts to replace that part of this Agreement with legal terms and
conditions most readily approximating the original intent of the parties.
AUTHORITY Brooks Stayer
ATTORNEY Andrea K. LeisyRemy Moose Manley, LLP
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year
first above written.
REMY MOOSE MANLEY, LLP
Dated: __________________ By: ______________________________Andrea Leisy
Title ___Partner___________
MERCED COUNTY REGIONAL WASTE MANAGEMENT AUTHORITY
Dated: __________________ By: ______________________________Patrick Pittenger
Title __Executive Director____________
AUTHORITY COUNSEL
Dated: __________________ By: ______________________________Emily Haden
Title __Authority Legal Counsel________
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Exhibit A
RMM Hourly Rates/Billing (2017)
RMM bills on a monthly basis and in tenth-hour intervals. Our standard rates for public agencies (which are less than our rates for private entities) are set forth below:
James G. Moose $400.00 Whitman F. Manley $400.00 Brian J. Plant $400.00 Andrea K. Leisy $375.00
Tiffany K. Wright $375.00 Sabrina V. Teller $375.00 Howard F. Wilkins $375.00 Laura M. Harris $350.00 Elizabeth Pollock $350.00 Christina L. Berglund $350.00 Christopher L. Stiles $325.00 L. Elizabeth Sarine $325.00 Nathan O. George $325.00 Sara F. Dudley $300.00 Other Associates $300.00 Paralegal $150.00 Law Clerks $150.00
The above rates include all administrative and overhead costs. RMM does not bill for secretarial or word processing time. RMM does not charge for in-house copying or faxing. RMM does typically charge for travel, including travel time, air fare and hotel charges at rates consistent with the agency’s allowable charges.
Andrea K. Leisy [email protected]
105
ITEM 23
106
PH: 209.723.4481 FAX: 209.384.3109
7040 N. Highway 59 Merced, CA 95348
ITEM 23 MEMORANDUM DATE:
December 14, 2017
TO:
Merced County Regional Waste Management Authority
FROM:
Brooks Stayer, Director
RE:
Authorization to Award Contract for Fixed-Wing Drone System Sole-Source Purchase
BACKGROUND The RWA routinely performs manual field surveys using traditional surveying equipment to determine the effective density of landfilled waste at the Billy Wright & Highway 59 Landfills. This process is hazardous and time consuming. It requires the technician to walk across exposed waste and prevents staff and equipment from working in the area during the 4.0 hrs required to obtain the 500 data points used in creating an approximate topography. A fixed-wing drone system will perform the same task from an elevation of 300’, in 15 minutes, and produce a precise surface with over 1.5m data points. The FY17-18 approved budget includes $44,750 for the purchase of a drone system (drone-$32,500, peripherals-$12,250.) The peripherals include software, camera, spare parts, batteries, training, etc. The complete estimate for a fixed-wing drone system, including taxes, is $41,769.34. The density of waste (how tightly waste is packed into the landfill) is one of the most important factors used to calculate the operational efficiency, profitability, and life of a landfill. For example, Hwy 59 Phase 6A has a volume of 3,050,000 yd3. In 2013 the average waste density in this phase was 1,200 lbs/yd3 meaning it could accept ~250,000 tons of waste per year and last 7.32 years (2012-2019.) However, since 2013 staff has increased density to 1,450 lbs/yd3. This has resulted in placing more waste (up to ~300,000 tons/yr) into the same space. Thus it is on-track to yield an additional $12,740,000 in revenue over the same 7-yr life span. A fixed-wing drone system will aid in performing density surveys in a safer, more efficient and accurate manner and allow supervisors and managers to make operational adjustments to ensure density goals are met. This will ultimately extend the life of each landfill phase and the entire life of the sites. Additionally, the drone can and will be used to survey, map, and photograph the sites and calculate volumes of stockpiles of mulch, compost, concrete etc. to more accurately manage these resources. The RWA is requesting to purchase a fixed-wing drone system for the purpose of performing aerial surveying, mapping, and photography. Staff has identified only one company that can provide the equipment, software, training, and support of these products (RDO Integrated Controls, Sacramento, CA.)
107
FISCAL IMPACT $26,990 Fixed Assets, $8,490 Software & Licensing, $2,300 Training, $806 General Office Expense (All before tax) REQUESTED ACTION Recommend the Merced County Regional Waste Management Authority authorize the Executive Director to enter into a contract with RDO Integrated Controls, Sacramento, CA for the purchase of a fixed-wing drone and peripherals at a cost not to exceed $41,769.34.
108