Report No: Meeting Date:

Alameda-Contra Costa Transit District

STAFF REPORT TO:

AC Transit Board of Directors

FROM: Michael A. Hursh, General Manager

SUBJECT: East Bay Bus Rapid Transit (BRT) Project Quarterly Report

BRIEFING ITEM

RECOMMENDED ACTION(S):

16-025

February 10, 2016

Consider receiving the fourth quarter 2015 report on the East Bay Bus Rapid Transit (BRT) Project.

EXECUTIVE SUMMARY:

Significant progress was made throughout the BRT Project in the fourth quarter of 2015; and key advancements were made in Final Design, which kept the program on track to start the

major roadway construction in spring 2016.

The design of Bid Package 3 (BP-3), Major Roadway Infrastructure, reached the Final Ready to list (RTL) threshold at the end of the 3rd quarter and was released for bid on November 13, 2015. Although bids were originally due February 3, 2016 in the initial IFB, an extension of two

weeks (14 calendar days) to submit bids was granted due to the high level of interest in the project, the changes and addenda added to the IFB, and the contractors' needs for additional inquiry and review time. At the time of this writing, the BP-3 Bids are due on February 17, 2016, with an anticipated Notice to Proceed by late-March 2016.

BUDGETARY/FISCAL IMPACT:

The total program budget remains unchanged at $178 million and is organized into the Small Starts Grant Agreement (SSGA) and Other Related Funding Project categories as requested previously by The Federal Transit Administration. Additional Concurrent Non-Project Activities (CNPA), funded with other than FTA monies that implement or add supportive investments to the BRT Project, are now also shown at the bottom of the table in Attachment 1. The funding chart also reflects the addition of Cap & Trade funds that the District will receive in early 2016

to supplement unallocated contingency.

The SSGA portion of the program budget and schedule is fixed at $174 million with a start of revenue service in November 2017. Staff was successful in its efforts to validate and verify cost

and schedule containment strategies and possible sources of additional funding to address potential budget deficits and schedule impacts.

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East Bay BRT- Funding Summary

By Pro)ect Phase and Funding Source($ millions)

FTA S5GA Project Environmental Prelbllnary

Final Desl&n Construction ErwJneertna

FTA Small Starts 1.4 s.s 16.2 S2.0

CMAQ 12.3

Measure B 3.6 1.7 3.S S.1

Measure BB 8.0

RM2 1.7 0.1 S4.S

STIP l .S

I·Bond PTMIS£A 0.9 3.2

cap & Trade 1.9

TFCA 0.9

District FUnds 0.3

Total 8.5 7.1 20.5 uu

Other Related Project

FTA Bus 0.1 2.S 0.4

Measure B o.s I· Bond PTMIS£A 0.2

District Funds 0.0

Total 0.1 0.0 u 0.4

Proaram Total

Proaram Expended

Concu"ent Non·Project Activities

Oalcland 8us/mtss T11thnlca/ Assistance

Measure 99 2.0

San Ltandta 8ART THin sir Ctnttr

CMAQ 0.1 0.1 1.0

I· Bond PTMISEA 0.1 0.3 2.3

Measure B 0.3

8us Purchau (AC Translr Portion)

FTA 5307 22.3

I· Bond PTMIS£A 1.0

AB664 2.7

District Funds 4.S

lnt~grottd Art labrlctttlon

RM2 1.2

San Lt andro Additional Art

Other local o.oJ Dole/and Addltlanalltetm

Othor lonl 0.3J 1·880 ICM Condulr

Other Federal 0.2

Totll 0.0 0.2 0.4 17.9

8PS 81d Add·Alt Amount 5.4

Total

75.0

12.3

13.9

8.0

56.3

1.5

4.1

1.9

0.9

0.3

174.2

u 0.5

0.2

0.0

u

2.0

1.2

2.7

0.3

12.3

1.0

2.7

4.5

1.2

0.0

0.3

0.2

18.6

Note: The funding and cost numbers presented in this report have been updated since the FTA Quarterly Review Meeting for the third quarter of 2015. The funding and budget were

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reworked in a December 3, 2015 version of the BRT Project SCC Estimate, which will be included in all reporting moving forward.

BACKGROUND/RATIONALE:

Project Scope- Quarterly Major Milestones

Final Design & BP-3 Procurement

The Final Ready to List (RTL) Design Package was published on September 30, 2015 for Bid Package 3 (BP-3) and the Invitation for Bid {IFB) was advertised on November 13, 2015. Staff conducted technical team workshops with the District's agency partners to examine the design and find ways to reduce construction costs without sacrificing any required program elements. The Pre-Bid Conference for BP-3 was held on December 1, 2015, and ACT is currently awaiting the Contractors' Bid Submissions due on February 17, 2016.

Construction

Notice-to-Proceed for Bid Package 1 (BP-1, Utility Relocation Project) was issued on December 19, 2014. The BP-1 contractor, McGuire & Hester, completed a majority of the construction activities in the third quarter of 2015. All the construction activities at eighteen sanitary sewer work sites within the contract were completed by the end of the third quarter of 2015. Within the fourth quarter of 2015, the contractor also finished construction activities at all of the six EBMUD water main relocations. All BP-1 construction activities were completed by December 10, 2015. A no-cost contract extension of 45 days was granted to the contractor for the purposes of contract closeout. The BP-1 Contract will completely closeout on or before January 25, 2016. As five BRT station locations were adjusted requiring redesign, one sanitary sewer work site and two EBMUD water main relocation sites were moved from BP-1 to BP-3.

Notice-to-Proceed for Bid Package 2 (BP-2, Parking Lots and Street Improvements) was issued on January 2, 2015. The BP-2 contractor, Redgwick Construction, completed plan submittal for review/approval and permit acquisition processes for the two Parking Lots (Elmhurst & Fruitvale) in the second quarter of 2015. However, access issues with Union Pacific Railroad who had jurisdiction over part of the project area forced changes to the design and construction schedule of the street improvement part of the project. Access was subsequently granted and permits were obtained on November 2, 2015 for Stages 1 & 2 of the Fruitvale Bypass, which is on the critical path for completion of BP -2. In spite of this, by the end of the fourth quarter, both Parking lots had been paved and striped. Completion ofthe parking lots is pending the installation of the lighting, fencing, striping and parking meters forecasted to occur in February 2016. Roughly three of the six stages in the construction schedule and about 75% of the parking lots project were completed by the end of the year, which comprised nearly half the project. As of this date, unforeseen utility conflicts and other field issues in the street improvements part of the project still pose a risk to the project cost and schedule.

Real Estate Acquisition

During the fourth quarter of 2015, staff negotiated with Caltrans to use a vacant lot at the corner of Northgate Avenue and Sycamore Street for use as the Northern layover Facility.

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Investigations into the site were performed, i.e. achieving the 5-min headway, and the site was concluded to be a viable Northern Layover Facility Site.,

A Section 130(c) environmental clearance request application, which is needed to determine if an additional Environmental Impact Study (EIS) is required, was prepared to include both the Station shifts and Northern Layover site in the fourth quarter of 2015. Moving into the first quarter of 2016, the FTA plans to submit the 130(c) application, completed by the District to SHPO. Once concurrence from SHPO is received by the FTA, ACT will file the approved 130{c) with the County. The Northern Layover Lease Agreement is forecasted to be executed by the end of January 2016. The Northern Layover Facility will be constructed as an allowance item in BP-3.

BRT Bus Procurement

Contract Award for Vehicle Procurement was given to New Flyer Buses on October 28, 2015. Manufacturing Notice-to-Proceed was on November 6, 2015, with the first pilot buses forecasted to arrive in October 2016.

Construction Careers Policy #327 and Project Labor Agreement

The District, in collaboration with community based organizations and local Trades Council, incorporated a 50% local (Oakland & San Leandro residents) hire requirement for BP3 pursuant to the guidelines of the Department of Transportation 2014/2015 Appropriations Act exemption, which permits the use of geographic based targeting hiring on an interim basis.

Integrated Artistic Enhancement Program

The Lead Artist Team has completed the 100% design of the artistic enhancement elements of the BRT stations. The Program currently is in early fabrication phase. The fabrication of the art enhanced elements will not proceed until an approved construction schedule is produced by the BP-3 contractor.

Community Outreach Activities

SR 15-211 was presented to the Board on September 16, 2016, authorizing the Interim General Manager to execute a funding agreement with the City of Oakland for a $2,000,000 grant to provide Business Impact Mitigation Technical Assistance and Business Sustainability Program services for small commercial operations along and in close proximity to the BRT route. The fully executed Memorandum of Understanding (MOU) and funding agreement was completed on November 3, 2015. This MOU and agreement marked the conclusion of a lengthy negotiation on how best to address indirect temporary and permanent impacts resulting from BRT construction and infrastructure.

District staff and the Community Outreach Team continued increased engagement with business owners, merchants, property owners and residents, as the BRT Project continued construction on BP-1 Utility Relocation, BP-2 Parking Lots and Fruitvale Bypass Projects and the BP-3 final design development requirements. Key routine and project specific outreach activities undertaken during this period include:

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..r Weekly update of the BRT Website with the latest construction information .

..r Distribution of construction notification doorknob hangers to homes and businesses

prior to starting BP-1 and BP-2 construction zones in San Leandro and Oakland .

..r On a daily basis, visited BP-1 and BP-2 construction zones to review compliance with Business Impact Mitigation Plan. Contacted the construction manager if the

construction zone needed to be altered to comply with the Business Impact Mitigation Plan .

..r On a daily basis, monitored BRT Project corridor to ensure non-BRT related construction work is noted as to keep public apprised of project status

..r Established Epic School drop-off/pickup zone. Provided construction notification and drop-off/pickup zone information letters in sufficient quantities for distribution to parents of students .

..r One-on-one meetings with merchants along the BP-1 corridor, Fruitvale Avenue and BP-2 E 10th Street .

..r Community Outreach Working Group meeting to update members about construction activities, Business Sustainability Program, and parking and landscaping improvements .

..r Open House meeting to update the public about construction activities, Business Sustainability Program, and parking and landscaping improvements. Email invitations were sent to individuals and community based organizations who are not community Outreach Working Group members .

..r Meetings with building managers, business tenants, chief engineers, apartment community managers, and residents to give them advance notice of EBMUD's request to shut off water temporarily to their buildings and inquire when is the best time to perform the temporary water shut off .

..r BRT outreach team staff support for AC Transit booths at Oakland's Chinatown Street Festival, Dia de Las Americas, and Dia de Los Muertos in the Fruitvale District .

..r Issuance of weekly update to San Leandro and Oakland first responders on the locations of active construction zones .

..r Meeting with Joint Administrative Committee and Special Limited Purpose Committee in April as part of routine PLA/CCP requirements .

..r Responded to BRT Hotline calls

..r Responded to inquiries from residents, businesses, and stakeholders

..r Construction update presentations to several community groups

..r Project Update meetings with several community groups: AC Transit's Accessibility Advisory Committee, Allen Temple Baptist Church, Epic School, Fruitvale Avenue Improvements Project Community Meeting, Fruitvale Business Improvement District, Fruitvale Merchants Organization, Oakland Metropolitan Chamber of Commerce and Uptown/Downtown Oakland Association, Oakland Catholic Worker Organization, Oakland Commercial and Economic Development Organization, Oakland Economic Development Manager, Oakland Public Works Utility Coordination, Oakland Sustainable Neighbor Initiative, Station 13 Oakland Fire Department, San Leandro Public Works Staff, TransForm, and Unity Council.

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Project Schedule

2012 I 2013 I 2014 I 2015 2016 I 2017 Milestones I Dellvera bles

o2 l o1 l o4 1 0 1 1 o2 l o1 l o4 1 0 1 1 o21 o1 1 o41 ml o21 o1 1 Q4 0 1 1 o2 1 o11 o41 01 1 o2 1 o1 1 Q4

M ilestones • •• & A ROD PE Complete SSGA Issuance BP3NTP BPl Complete

SSGA Mlllestones ll ll ll ll ll ll R~ ROD FD Start PEComplete Earty Const . Start BPlNTP BPl Complete

dvance UtililieJ.

Final Design P~~trki~ l ots & Fruitvale Byp.a s

Road ay/Communlcatlons/Statlons/Landscape

BP3 Procurement 1::::] ..

Vehkle Procurement I I

Advance Utilities I

Construction Par ki~ lots & fruitvale Bypau I

Roadway I Communications I Stations I Landscape

Start-up and Testing c:::::J

Conti ngency _l

**@1§1+ I SSGA Baseline I

2018

Ql I Q2 1 ol l Q4

~~~\ RSD

Jl~l

Note: The program schedule reflects t he District's commitment to meet t he November 2017 Revenue Service Date, but at the same time acknowledges the possibility of a delay to the start of Revenue Service. Factors affecting the schedule include timely completion of final design, Agency Partner approval of schedule mitigations and unforeseen field condit ions.

Legend:

1. Record of Decision (ROD) represents the FTA final approval of the scope of the project and ends the environmental phase. 2. Small Starts Grant Agreement (SSGA) represents FTA's final agreement to provide the remaining Smalls Starts funding. 3. Revenue Start Date (RSD) is the date the Dist rict plans to start passenger service.

Project Budget

The table below is the official project budget provided to FTA with Standard Cost Categories (SCC) Line Items: It does not include the $3.8 million in "other related project costs" outlined previously in this report.

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SCC Codes SCC Description

10 Guideway

20 Stations

40 Sitework & Special Conditions so Systems

SSGA Baseline Budget

5,278,862 10,519,931

36,603,968 40,910,759

IFB Estimate Costs Incurred Budget

thru Dec. 2015 Remaining 5,425,822 - 5,425,822 9,7S2,6S4 - 9,752,654

47,447,961 7,331,597 40,116,364 39,177,484 603,150 38,574,334

60 ROW, Land, Existing Improvements 1,297,072 1,049,108 978,258 70,850

70 Vehicles 2,579,652 2,500,000 - 2,500,000

80 Professional Services 53,815,711 61,529,932 42,737,12S 18,792,807

90 Unallocated Contingency 18,161,929 7,284,924 - 7,284,924 100 Finance Charges 5,000,000 - - -

174,167,884 174,167,884 51,650,130 122,517,754

ADVANTAGES/DISADVANTAGES:

This is a status report and there is no Board action prompting the examination of advantages or

disadvantages of a particular action.

ALTERNATIVES ANALYSIS:

This report does not recommend an action.

PRIOR RELEVANT BOARD ACTIONS/POLICIES:

This report does not recommend any action and therefore no relevant board actions are listed.

ATTACHMENTS:

None

Executive Staff Approval :

Reviewed by:

Prepared by:

Michael A. Hursh, General Manager

Chris Andrichak, Manager, Capital Planning & Grants David Wilkins, BRT Program Director Beverly Greene, Director of Legislative Affairs & Community

Relations Michele Joseph, Director of Marketing & Communications Mitra Moheb, BRT Senior Project Manager Rama Pochiraju, BRT Senior Project Manager

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