AC TRANSIT DISTRICT Board of Directors Executive Summary
GM Memo No. 09-196 Meeting Date: July 29, 2009
Committees: Planning Committee External Affairs Committee Rider Complaint Committee Board of Directors
Finance and Audit Committee Operations Committee Paratransit Committee Financing Corporation
SUBJECT: Consider Recommending the Adoption of Resolution No. 09-046 Authorizing the General Manager to Submit a Grant Application to the Metropolitan Transportation Commission for Regional Measure 2 Funds for Real Time Transit Information RECOMMENDED ACTION: Information Only
Briefing Item
Recommended Motion
Recommend to the Board of Directors the Adoption of Resolution No. 09-046
Fiscal Impact: $61,000 in additional Regional Measure 2 (RM-2) funds allocated to AC Transit for costs related to expanding NextBus route coverage. Background/Discussion: In 2005, AC Transit was awarded $927,000 in RM-2 funds from the MTC to upgrade Hastus Software to have XML capability and to provide two freestanding real-time, NextBus kiosk displays at the Downtown Berkeley BART station. Those projects have been completed, but approximately $90,000 in RM-2 funds awarded to this project were not expended. The additional $61,000 in new funding, combined with the unexpended funds, will pay for the following three NextBus related projects: •
Transbay Routes - setup and ongoing fees for all remaining Transbay routes on NextBus, which potentially would serve the Temporary Transbay Terminal.
•
All Nighters - setup and ongoing fees for the remaining 800 routes on NextBus. The Board previously authorized District funds for this work; these costs will now be covered by the MTC RM-2 grant.
BOARD ACTION:
Approved as Recommended [ ] Approved with Modification(s) [ ]
Other
[ ]
The above order was passed on: . Linda A. Nemeroff, District Secretary By
GM Memo No. 09-196 Meeting Date: July 29, 2009 Page 2 of 2 •
511 feed – establishing a feed from NextBus to MTC’s 511 system. This will enable MTC to provide AC Transit real-time arrival data on 511 and combine it with information from other agencies at transit hubs.
Prior Relevant Board Actions/Policies: GM Memo No. 05-217: Approval of Resolution 05-035 Attachments: 1.
Resolution No. 09-046
Approved by:
Reviewed by: Prepared by:
Date Prepared:
Rick Fernandez, General Manager Jim Gleich, Deputy General Manager Kate Miller, Manager, Capital Planning, Legislation & Grants Kenneth C. Scheidig, General Counsel Lionel Vera, Senior Grants Analyst Jon Twichell, Transportation Planning Manager Linda Morris, Transportation Planner July 20, 2009
RESOLUTION NO. 09-046 ALAMEDA-CONTRA COSTA TRANSIT DISTRICT A RESOLUTION AUTHORIZING THE GENERAL MANAGER, OR HIS DESIGNEE, TO APPLY FOR ADDITIONAL REGIONAL MEASURE 2 FUNDING FOR UPGRADE OF HASTUS SCHEDULING SOFTWARE FOR REAL TIME DATA AND IMPLENTATION OF REAL TIME SIGNS WHEREAS, SB 916 (Chapter 715, Statutes 2004), commonly referred to as Regional Measure 2 (RM-2), identified projects eligible to receive funding under the Regional Traffic Relief Plan; and WHEREAS, the Metropolitan Transportation Commission (MTC) is responsible for funding projects eligible for RM-2 funds, pursuant to Streets and Highways Code Section 30914(c) and (d); and WHEREAS, MTC has established a process whereby eligible transportation project sponsors may submit allocation requests for RM-2 funding; and WHEREAS, allocations to MTC must be submitted consistent with procedures and conditions outlined in RM-2 Policy and Procedures; and WHEREAS, the Alameda-Contra Costa Transit District (AC Transit) is the sponsor for the project entitled: Upgrade Real Time Transit and Implementation of Real Time Signs (the Project); and WHEREAS, AC Transit is an eligible sponsor of transportation project(s) in RM2, Regional Traffic Relief Plan funds; and WHEREAS, the Project is eligible for consideration in the Regional Traffic Relief Plan of RM-2, as identified in California Streets and Highways Code Section 30914(c) or (d); and WHEREAS, the RM-2 allocation request for the Project lists the project, purpose, schedule, budget, expenditure and cash flow plan for which AC Transit is requesting MTC to allocate RM-2 funds; and NOW THEREFORE, the Board of Directors of the Alameda-Contra Costa Transit District does resolve as follows:
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Section 1. AC Transit and its agents confirm that they will comply with the provisions of the Metropolitan Transportation Commission’s RM-2 Policy Guidance (MTC Resolution No. 3636). Section 2. AC Transit certifies that the Project is consistent with the Regional Transportation Plan (RTP). Section 3. AC Transit certifies that the time-line for the funding for any design, right-of-way and/or construction phases has taken into consideration the time necessary to obtain environmental clearance and permit approval for the Project. Section 4. AC Transit certifies that the RM-2 phase or segment is fully funded, and results in an operable and useable segment. Section 5. Certifies that AC Transit has adequate staffing resources to deliver and complete the Project within the schedule set forth in the updated Initial Project Report, attached to this resolution. Section 6. Certifies that AC Transit is an eligible sponsor of projects in the RM2 Regional Traffic Relief Plan, Capital Program, in accordance with California Streets and Highways Code 30914(c). Section 7. Certifies that AC Transit is authorized to submit an application for RM2 funds for the Project in accordance with California Streets and Highways Code 30914(c). Section 8. Acknowledges and agrees that AC Transit will comply with the project specific conditions for the Project. Section 9. There is no legal impediment to AC Transit making allocation requests for RM2 funds. Section 10. There is no pending or threatened litigation which might in any way adversely affect the proposed project, or the ability of AC Transit to deliver such project. Section 11. AC Transit agrees that AC Transit will indemnify and hold harmless MTC, its commissioners, representatives, agents, and employees from and against all claims, injury, suits, demands, liability, losses, damages, and expenses, whether direct or indirect (including any and all costs and expenses in connection therewith), incurred by reason of any act or failure to act of AC Transit, its officers, employees or agents, or subcontractors or any of them in connection with its performance of services under this allocation of RM-2 funds. In addition to any other remedy authorized by law, so much of the funding due under this allocation of RM-2 funds as shall reasonably be considered necessary by MTC may be retained until disposition has been made of any claim for damages. Resolution No. 09-046 Page 2 of 4
Section 12. Certifies that AC Transit will ensure that if any revenues or profits from any nongovernmental use of property (or project) are collected, that those revenues or profits shall be used exclusively for the public transportation services for which the project was initially approved, either for capital improvements or maintenance and operational costs, otherwise, the Metropolitan Transportation Commission is entitled to a proportionate share equal to MTC’s percentage participation in the Projects. Section 13. AC Transit agrees that assets purchased with RM-2 funds, including facilities and equipment, shall be used for the public transportation uses intended, and should said facilities and equipment cease to be operated or maintained for their intended public transportation purposes for their useful life, that the Metropolitan Transportation Commission (MTC) shall be entitled to a present day value refund or credit (at MTC’s option) based on MTC’s share of the Fair Market Value of the said facilities and equipment at the time the public transportation uses ceased, which shall be paid back to MTC in the same proportion that RM-2 funds were originally used. Section 14. Agreed that AC Transit shall post on both ends of the construction site(s) at least two signs visible to the public stating that the Project is funded with RM-2 Toll Revenues. Section 15. Authorizes the General Manager, or his designee, to execute and submit an allocation request for the construction/equipment phase with MTC for RM-2 funds in the amount of $60,000 for the project, purposes and amounts included in the Project application attached to this resolution. Section 16. A copy of this resolution shall be transmitted to MTC in conjunction with the filing of AC Transit's application referenced herein. Section 17. This resolution shall become effective immediately upon its passage by four affirmative votes of the Board of Directors. PASSED AND ADOPTED THIS ____ day of _____ 2009 _________________________________ Ryan “Rocky” Fernandez, President
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Attest: ______________________________ Linda Nemeroff, District Secretary I, Linda Nemeroff, District Secretary for the Alameda-Contra Costa Transit District, do hereby certify that the foregoing Resolution was passed and adopted at a Regular Meeting of the Board of Directors on the 29th day of July 2009 by the following roll call vote: AYES:
DIRECTORS:
NOES:
DIRECTORS:
ABSENT:
DIRECTORS:
ABSTAIN:
DIRECTORS:
______________________________ Linda Nemeroff, District Secretary Approved as to Form:
________________________________ Kenneth C. Scheidig, General Counsel
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