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Art3_RanchoCucamonga_FY19_BikePed_Day Creek_4_Ext_230906September 6, 2023 Justin Pope Project Manager/Associate Engineer Via email at: Justin.Pope@cityofrc.us RE: FY19/20 TDA Article 3 Thunderbird Road Bus Turnout; REVISED to Bear Valley & Navajo Rd Turnout Award – Extension Dear Mr. Pope: On September 6, 2023, the San Bernardino County Transportation Authority (SBCTA) Board of Directors approved the City of Rancho Cucamonga's July 13, 2023 request to extend the deadline to complete the Transportation Development Act (TDA) Article 3 grant funded project as outlined below. Project Type Bike/Ped Allocation Number L20-0702-0745-00 Project Description Day Creek Channel Bike Trail TDA Article 3 Award $403,000 $217,000 Local Share 35% ATP Share (if applicable) NA Total Project Cost $620,000 Original Deadline 12/31/2022 Revised Deadline 12/31/2024 No. of Years Extended 2 As a friendly reminder, the TDA Article 3 grant award is paid through a reimbursement process upon project completion or through progress payments for awards over $200,000 (with a 20% retention until project completion). It is required that a TDA claim form and supporting documentation of project completion or progress are submitted to SBCTA prior to disbursement of funds. The TDA Article 3 grant award is for a maximum reimbursable amount. Should your project exceed the maximum reimbursable amount, SBCTA will not provide any additional reimbursement. For projects completed under the awarded amount, SBCTA will reimburse your agency for the TDA Article 3 share of the project using the match percentage identified above and in your grant application. Please also keep in mind that staff expenses may only be used to fulfill the local match requirement under select circumstances. Upon project completion, please go to www.gosbcta.com/tda3 to access claim forms and instructions for reimbursement filing. If you have any questions, please contact me via email at gkoblasz@gosbcta.com or by phone at (909) 884-8276 x112. Sincerely, Ginger Koblasz Senior Planner Local Match cc Justine Garcia & Chi Chan July 13, 2023 Ginger Koblasz San Bernardino County Transportation Authority 1170 West Third Street, 2nd Floor San Bernardino, CA 92410 SUBJECT: TDA PROJECT SECOND EXTENSION REQUEST – DAY CREEK CHANNEL BIKE TRAIL Dear Ms. Koblasz: The City of Rancho Cucamonga is requesting a second one-year extension on the grant award received for the completion of the Day Creek Channel Bike Trail project awarded in July of 2019. The right-of-way acquisition for a portion of SCE (Southern California Edison) property necessary to complete the project has taken longer than anticipated, and the project is expected to be out to bid later than originally scheduled. The unexpected rapid increases in material costs have also caused the design to be adjusted accordingly to reduce the total project cost, which increases the time to finish design work. Additionally, the long material lead times that we have seen on other recent projects indicates to us that the construction schedule could be longer than previously anticipated. Design work for the project is at 95% and is awaiting San Bernardino County Flood Control District’s comments and SCE’s comments to be finalized as 100%. Once the City receives the environmental clearances and approvals from SCE to complete the right-of-way acquisition, the project will be put out to bid in the Fall of 2023 with anticipated construction in the Winter of 2023 to Summer of 2024. We anticipate the project will be completed before May 2024, but the City would like to request a full one-year extension until December 2024, which will allow for unforeseen issues such as longer than anticipated coordination, right-of-way acquisition, or long lead times for construction materials. If you should have any questions related to this request, please don’t hesitate to contact me at (909) 774-4037 or by e-mail at Justin.Pope@cityofrc.us. Sincerely, ENGINEERING SERVICE DEPARTMENT Justin Pope Project Manager/ Associate Engineer cc: Justine Garcia, Deputy Director of Engineering Services Chi Chan, Assistant Engineer Entity: San Bernardino County Transportation Authority Minute Action AGENDA ITEM: 24 Date: September 6, 2023 Subject: Transportation Development Act Article 3 Annual Update: Fiscal Year 2022/2023 Recommendation: That the Board, acting as the San Bernardino County Transportation Authority (SBCTA): A. Allow Fiscal Year (FY) 2021/2022 projects to proceed where approved guideline update requiring expenditure within the first year was not met.. B. Extend the deadline for the Town of Apple Valley FY 2019/2020 Bus Turnout at Bear Valley Road and Navajo Road Transportation Development Act (TDA) Article 3 award from December 31, 2023 to December 31, 2024 (originally December 31, 2022). C. Extend the deadline for the City of Rancho Cucamonga FY 2019/2020 Day Creek Channel Bike Trail TDA Article 3 award from December 31, 2023 to December 31, 2024 (originally December 31, 2022). D. Allow Omnitrans to modify the scope of work for their FY 2021/2022 Transit Stop Improvements TDA Article 3 award to include comparable improvements to be completed at alternate, yet to-be-determined locations upon written approval by the SBCTA Transit Manager. Background: San Bernardino County Transportation Authority (SBCTA) oversees the disbursement of 2% of the Local Transportation Funds (LTF) made available to counties and cities for facilities for the exclusive use of pedestrians and bicyclists, known as the Transportation Development Act (TDA) Article 3 Program. In August 1999, the SBCTA Board of Directors (Board) approved a policy that 20% of the Article 3 program would be made available for projects that improve access to transit stops for pedestrians and persons with disabilities. The remaining 80% would be available for pedestrian and bicycle projects. Over the years, SBCTA has had to modify the guidelines employed to disburse these funds to the different agencies throughout the county as needs changed and lessons were learned. These guidelines were last updated by the Board on May 3, 2023. One modification aimed at ensuring projects are completed as originally scoped is to require submittal of an annual Progress Report. By definition, “progress” is to be measured by the expenditure of funds within one year of award notification and awarding a construction contract for construction awards within three full fiscal years. The approved regulation that applies to all active awards stipulates that: a) If the recipient is unable to demonstrate that funds have been expended in the first year, then those funds will be automatically rescinded and provided to the next highest scoring application within the same award category. b) Additionally, funds will be rescinded for construction projects in cases where a construction contract has not yet been awarded within three full fiscal years. Since the completion deadline for all awards is roughly three years after issuance, the expectation is that a contractor will have been selected within the three full fiscal years at a minimum. Board of Directors Agenda Item September 6, 2023 Page 2 San Bernardino County Transportation Authority Upon Board approval, all active award recipients will be notified of these guidelines and subject to rescission if appropriate actions have not been taken to progress the project. All active award recipients were notified of the new requirements during the collection of project updates in preparation for this Fiscal Year (FY) 2022/2023 Annual Report. As this is a new regulation, the majority of FY 2021/2022 award recipients did not expend funds within one year of award notification since they were not aware of the need to do so. However, the majority of recipients have schedules that are consistent with the original deadline. SBCTA staff recommends these projects be “grandfathered in” and allowed to proceed as planned. An analysis of the Annual Report included in Attachment A indicates the following regarding the 56 awards that were active during FY 2022/2023:  A scope change or an extension was needed for 13 (23%) of the 56 projects. At $3,566,277, the total for these modified projects accounts for 34% of the $10,470,538 total.  The average extension was for 3.5 years. The longest extension was for a $127,648 FY 2011/2012 award that was rescinded with the recipient’s consent.  16 (29%) projects were completed.  10 (18%) projects with an award total of $1,653,299 were tentatively rescinded (some still have 30 days to appeal) as a result of exceeding the award expiration date or, as in the case of the City of Big Bear Lake, no longer include the project in their jurisdiction’s plans. Of these 10 projects, nine were previously granted either a scope change and/or an extension. During solicitation of active project status information, the Town of Apple Valley (Attachment B) and the City of Rancho Cucamonga (Attachment C) requested extensions and Omnitrans requested a Scope Change (Attachment D). Below is a little more information about each.  The Town of Apple Valley (Town) requests an extension from December 31, 2023 to December 31, 2024 (originally December 31, 2022) for their FY 2019/2020 Bus Turnout at Bear Valley Road and Navajo Road project. This project is incorporated into a larger related intersection project. The Town identified an area where a large electronic 7-11 sign needs to be relocated in order to maximize the queuing area for pedestrians waiting to cross. The requested extension includes a two-month buffer in case they run into additional delivery delays.  The City of Rancho Cucamonga requests an extension from December 31, 2023 to December 31, 2024 (originally December 31, 2022) for their FY 2019/2020 Day Creek Channel Bike Trail award. Right-of-way acquisition for a portion of Southern California Edison’s property needed to complete this project has taken longer than anticipated.  Several of the transit stop improvements for which Omnitrans was awarded to complete in FY 2021/2022 have already been completed through other means. While Omnitrans has identified potential alternate locations as outlined in Attachment D, they have yet to finalize coordination for these new sites with the City of Montclair. SBCTA staff recommends the SBCTA Board permit Omnitrans to use the awarded funds to complete Board of Directors Agenda Item September 6, 2023 Page 3 San Bernardino County Transportation Authority comparable improvements at alternate sites upon written approval by the SBCTA Transit Manager. Financial Impact: This item is consistent with the Fiscal Year 2023/2024 Budget. Reviewed By: This item was reviewed and unanimously recommended for approval by the General Policy Committee on August 9, 2023. Responsible Staff: Ginger Koblasz, Senior Planner RESULT: APPROVED [UNANIMOUS] MOVER: L. Dennis Michael, City of Rancho Cucamonga SECONDER: Frank Navarro, City of Colton AYES: Ramos, Bishop, Herrick, Ulloa, Marquez, Navarro, Warren, Rodriguez-Robles, Swanson, McCallon, Dutrey, Jernigan, Michael, Robertson, Tran, Klink, Jones, Duncan, Denison, Cook, Armendarez, Rowe, Hagman, Baca Jr., Hernandez (Alt.), Jindal (Alt.), Breitling (Alt.) ABSENT: Wapner, Barich Approved Board of Directors Date: September 6, 2023 Witnessed By: