HomeMy WebLinkAboutMINUTES - 04162013 - C.26RECOMMENDATION(S):
APPROVE and AUTHORIZE the Director of the Department of Conservation and Development, or designee, to
execute a contract with the Contra Costa Transportation Authority and other local agencies, commencing April 1,
2013 for an indefinite term, for reimbursement in an amount not to exceed $50,000 of County staff time for State
Route 239 project planning.
FISCAL IMPACT:
No negative impact. The Cooperative Funding Agreement will enable the Department of Conservation and
Development and the Public Works Department to be reimbursed with federal funds for staff costs associated with the
participation in State Route 239 studies.
BACKGROUND:
In 2005, Contra Costa County received two federal appropriations totaling $14 million for the planning and
construction of State Route 239, a future highway that will connect eastern Contra Costa County with the Central
Valley. In 2010, with the assistance of an inter-agency selection panel that included the Contra Costa Transportation
Authority (CCTA), the County selected Parsons Transportation Group as the consultant to lead the planning phase
(Phase I) of State Route 239. In 2011, the Contra Costa County Board of Supervisors authorized a consulting
services with Parsons. In 2012, the Board of Supervisors transferred responsibility for the planning phase to the
CCTA upon the recommendation of the Department. This transfer included actions to assign the aforementioned
consultant contract to CCTA and to authorize a Memorandum of Understanding (MOU) with CCTA. The MOU
defined and memorialized the details and cooperative nature of the transfer.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 04/16/2013 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: John Cunningham, (925)
674-7833
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: April 16, 2013
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Steve Kowalewski, Nancy Wein
C.26
To:Board of Supervisors
From:Catherine Kutsuris, Conservation and Development Director
Date:April 16, 2013
Contra
Costa
County
Subject:APPROVAL of a Cooperative Funding Agreement Allowing Reimbursement for Staff Time Associated with the State
Route 239 Study
Execution Version
COOPERATIVE FUNDING AGREEMENT
STATE ROUTE 239 PROJECT -- PHASE 1 (PLANNING)
This COOPERATIVE FUNDING AGREEMENT (this “AGREEMENT”) is effective
this 1st day of April 2013 (the “EFFECTIVE DATE”), among CONTRA COSTA
TRANSPORTATION AUTHORITY, a local transportation authority (“CCTA”), CONTRA
COSTA COUNTY, a political subdivision of the State of California (“CONTRA COSTA”),
SAN JOAQUIN COUNTY, a political subdivision of the State of California (“SAN
JOAQUIN”), the CITY OF BRENTWOOD, a municipal corporation of the State of California
(“BRENTWOOD”), the CITY OF TRACY, a municipal corporation of the State of California
(“TRACY”), and MOUNTAIN HOUSE COMMUNITY SERVICES DISTRICT, a California
special district (“MOUNTAIN HOUSE” and together with CCTA, CONTRA COSTA, SAN
JOAQUIN, BRENTWOOD and TRACY, the “PARTIES” and each separately, a “PARTY”).
RECITALS
THE PARTIES ENTER THIS AGREEMENT on the basis of the following facts,
understandings and intentions:
A. CONTRA COSTA, SAN JOAQUIN, BRENTWOOD, TRACY, and
MOUNTAIN HOUSE (each, a “PARTNER JURISDICTION” and collectively, the “PARTNER
JURISDICTIONS”), and CCTA desire to work together in a collaborative planning process to
develop specific technical studies and reports regarding the design and construction of future
State Route 239 (the “PROJECT”), a highway that will connect State Route 4 in the Brentwood
area with Interstate 205 or Interstate 580 in the Tracy area (herein, “STATE ROUTE 239”).
B. CONTRA COSTA has received authorization to expend $14 million in federal
funding for studies and construction of STATE ROUTE 239 (the “FEDERAL GRANT
FUNDS”). The FEDERAL GRANT FUNDS were authorized by the United States Congress in
the Federal Transportation Act of 2005 (Public Law No. 109-59) known as the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-
LU).
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C. CONTRA COSTA has been authorized by the California Department of
Transportation (“CALTRANS”), the public agency administering the FEDERAL GRANT
FUNDS, to begin expending $2.9 Million of the FEDERAL GRANT FUNDS for PHASE 1 (as
defined in Recital D below) of the PROJECT.
D. The PROJECT is divided into three phases: 1) Planning; 2) Project
Approval/Environmental document; and 3) Project Development. The planning phase, includes
stakeholder identification and outreach, developing an interagency structure for the process,
extensive background research, technical analysis, production of a feasibility study that will
examine a broad range of alternatives and result in consensus on a preferred alignment for
STATE ROUTE 239, and the development of a project study report based on the preferred
alignment identified in the feasibility study (the foregoing items and related planning tasks being
referred to herein, as “PHASE 1”).
E. CONTRA COSTA has taken a separate action to transfer its obligation to oversee
the PROJECT to CCTA, including assigning its rights and obligations under a contract (the
“CONTRACT”) with Parsons Transportation Group Inc. (the “CONSULTANT”), pursuant to
which the CONSULTANT will conduct a study to determine the ultimate concept and alignment
for State Route 239.
F. CCTA has taken separate actions to assume rights and obligations for current
PROJECT development activities including entering into a Memorandum of Understanding, and
assuming the CONTRACT.
G. CCTA and CONTRA COSTA have entered into a Memorandum of
Understanding for the PROJECT (the “SR239 MOU”), pursuant to which, among other things,
CONTRA COSTA will provide CCTA access to FEDERAL GRANT FUNDS for current and
future PROJECT activities, including without limitation, payment for amounts due under the
CONSULTANT CONTRACT, and reimbursement to PARTNER JURISDICTIONS for
performance of tasks pursuant to this AGREEMENT.
H. CCTA and each of the PARTNER JURISDICTIONS are located within the study
area where STATE ROUTE 239 may be constructed and have expressed interest in participating
in the collaborative study of STATE ROUTE 239.
I. CCTA has determined that each PARTNER JURISDICTION may be reimbursed
from the FEDERAL GRANT FUNDS for eighty percent (80%) of eligible participating
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expenditures for its staff time spent working on the PROJECT. This determination was made
through consultation with CALTRANS.
J. CCTA desires to provide a portion of the FEDERAL GRANT FUNDS to the
PARTNER JURISDICTIONS to ensure that the PARTNER JURISDICTIONS’ staff are
available to work on PHASE 1 of the PROJECT and are reimbursed for their staff time, in
accordance with all applicable state and federal regulations.
NOW, THEREFORE, in consideration of the mutual agreements set forth above and the
rights and obligations set forth in this AGREEMENT and other good and valuable consideration,
the receipt and sufficiency of which is acknowledged, CCTA and each PARTNER
JURISDICTION hereby agree to the following:
1. Term. The term of this AGREEMENT shall commence on April 1, 2013 and
shall terminate when the CONSULTANT has delivered its final report regarding PHASE 1 of
the PROJECT to CCTA. PHASE 1 is anticipated to take approximately two years from start to
finish, with an anticipated completion date of June 30, 2015.
2. Reimbursable Expenses. To support PHASE 1 of the PROJECT, each
PARTNER JURISDICTION’S staff will work cooperatively with the other PARTIES to perform
planning related tasks, including, but not necessarily limited to, the following work: 1) provide
data on adopted or pending development plans and policy documents including general plans,
specific plans, transportation improvement plans, other infrastructure plans and projects, major
development plans, property ownership, and other background data that pertain to the respective
PARTNER JURISDICTION; 2) provide technical input and review on potential traffic
forecasting models and related analysis for use in the PROJECT, including both land use data
and roadway data that are input into the forecasting models; 3) provide technical input and
review of potential route alignments (specific paths) that STATE ROUTE 239 could take; 4)
assist in developing the method of analysis of the routes; 5) provide input on potential innovative
strategies to fund the construction of STATE ROUTE 239, including review of a traffic and
revenue study that will estimate the viability of public-private partnerships; 6) assist in the
development of a public opinion poll and other methods of public outreach that will be used in
the PROJECT; 7) identify potential stakeholders within their jurisdiction for inclusion in the
public outreach element of the PROJECT; 8) assist in the technical and policy development of
potential institutional structures such as the creation of a Joint Exercise of Powers Agency; 9)
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advise PARTNER JURISDICTION’S elected officials on the foregoing items and related
matters; 10) meeting attendance; and 11) advise the other PARTIES on other technical aspects of
the PROJECT as needed (the foregoing items and other related tasks being referred to herein, as
“PROJECT SUPPORT”).
3. Compensation.
a) Exhibit A attached hereto and incorporated herein by reference sets forth the
position description and hourly pay range for each PARTNER JURISDICTION staff person that
may be charged for such staff person’s time to perform PROJECT SUPPORT for work on the
PROJECT. In compliance with federal funding regulations and pursuant to the requirements of
this Section 3, CCTA will reimburse each PARTNER JURISDICTION for eighty percent (80%)
of its staff time worked on the PROJECT. Federal regulations require that local jurisdictions
match the FEDERAL GRANT FUNDS on a twenty percent (20%) basis and CCTA and each of
the PARTNER JURISDICTIONS agree that twenty percent (20%) of its respective staff time
spent on the PROJECT will not be reimbursed from FEDERAL GRANT FUNDS and that such
staff time is the responsibility of the respective PARTNER JURISDICTION.
b) CCTA’S reimbursement of a PARTNER JURISDICTION’S staff time will
cover eighty percent (80%) of direct salary costs only, per state and federal regulation. Overhead
costs are not reimbursable.
c) Each PARTNER JURISDICTION will provide quarterly invoices to CCTA’s
project manager, which will include: (i) a summary of work performed; (ii) the identity of
personnel who performed the work; (iii) the specific tasks for which the work was performed;
(iv) the number of staff hours involved in performing the work for each specified task and the
date on which such hours were worked; (v) the hourly rate of pay for each staff person; (vi) the
total amount for which reimbursement is being requested; (vii) a Budget Status Summary
Report; and (viii); certification that invoices include a request for reimbursement for no more
than eighty percent (80%) of direct salary costs and no overhead costs have been requested for
reimbursement. Exhibit B attached hereto and incorporated herein by reference sets forth the
procedure for invoice submittal.
d) The CCTA project manager will review the invoices and approve them for
payment and make payment therefor, or, if additional documentation or information is required
or there are questions regarding an invoice, the project manager will contact such PARTNER
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JURISDICTION regarding such additional documentation, information or questions.
e) Once CCTA’s project manager has approved and paid an invoice, CCTA will
then seek reimbursement from CALTRANS for such payments to the PARTNER
JURISDICTIONS.
f) CCTA’s reimbursements to each PARTNER JURISDICTION shall not exceed
$50,000 per PARTNER JURISDICTION and reimbursement will not exceed a cumulative total
of $250,000 to all PARTNER JURISDICTIONS, in the aggregate, as indicated on Exhibit A
attached hereto.
4. Changes to Compensation.
a) If CALTRANS reduces the compensation rate at which it will reimburse
CCTA, or changes the requirements CCTA must meet in order to receive reimbursement from
CALTRANS, CCTA reserves the right to revise this AGREEMENT in accordance with any such
changes and CCTA and the other PARTNER JURISDICTIONS agree to amend this
AGREEMENT to reflect any such changed requirements. Any revisions will be made in
consultation with CCTA and the other PARTNER JURISDICTIONS and pursuant to Section 9
of this AGREEMENT.
b) No earlier than 30 days prior to each anniversary of the EFFECTIVE
DATE, a PARTNER JURISDICTION may propose an amendment to any of the information in
Exhibit A except for the maximum total reimbursement for the PROJECT , to reflect changes in
the staff persons working on PROJECT, including position description, title and hourly pay
range. If CCTA agrees to amend the Exhibit A information of a PARTNER JURISDICTION,
such amendment will become effective once the PARTNER JURISDICTION has received
written approval from CCTA.
5. Compliance with Laws. CCTA and each of the PARTNER JURISDICTIONS
shall comply with all federal and state laws and regulations regarding the work performed and
the reimbursements requested, including all federal and state laws and regulations regarding the
receipt and use of FEDERAL GRANT FUNDS.
6. Notices. All required or permitted payments, reports, demands and notices may
be sent by regular mail or electronic mail. Notices that are mailed by regular mail shall be
deemed delivered two (2) business days after deposited in the mail. Notices may be personally
delivered and shall be deemed delivered at the time delivered to the appropriate address set forth
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below. Notices delivered by electronic mail shall be deemed received upon the sender’s receipt
of an acknowledgment from the intended recipient (such as by the “return receipt requested”
function, as available, return electronic mail or other written acknowledgment of receipt);
provided that, if such notice is not sent during normal business hours of the recipient, such notice
shall be deemed to have been sent at the opening of business on the next business day of the
recipient. Unless and until notified otherwise in writing, a PARTY shall send or deliver all such
communications relating to this AGREEMENT to the following address:
Martin Engelmann
Deputy Executive Director, Planning
Contra Costa Transportation Authority
2999 Oak Road, Suite 100
Walnut Creek, CA 94597
mre@ccta.net
And CCTA shall send all such communications to the following addresses:
Stephen Kowalewski
Deputy Director
Contra Costa County Public Works Department
255 Glacier Drive
Martinez, CA 94553
(925) 313-2225 phone
(925) 313-2333 fax
skowa@pw.cccounty.us
Bailey Grewal
Director of Public Works
City of Brentwood
708 Third Street
Brentwood, CA 94513
e-mail address: bgrewal@ci.brentwood.ca.us
Firoz Vohra
Senior Engineer
San Joaquin County Public Works Dept.
1810 East Hazelton Avenue
Stockton, CA 95205
e-mail address: fvohra@sjgov.org
Andrew Malik
Director of Development and Engineering Services
City of Tracy
333 Civic Center Plaza
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Tracy, CA 95376
e-mail address: Andrew.malik@ci.tracy.ca.us
Nader Shareghi
Public Works Director
Mountain House Community Services District
230 S. Sterling Drive, Suite 100
Mountain House, CA 95391
e-mail address: nshareghi@sjgov.org
7. Records and Audit.
a) Financial Records. Each PARTNER JURISDICTION shall maintain true
and complete records in connection with the PROJECT, and shall retain all such records pursuant
to Federal Highway Administration requirements for at least thirty-six (36) months following
expenditure of all federal funds, execution of a final voucher by Caltrans headquarters in
Sacramento, and final federal project acceptance.
b) Reports. Each PARTNER JURISDICTION shall provide CONTRA
COSTA and CCTA with any invoices and reports as needed by CONTRA COSTA and CCTA to
comply with the terms and conditions of CALTRANS with respect to the FEDERAL GRANT
FUNDS. The PARTNER JURISDICTIONS, CONTRA COSTA, and CCTA shall mutually
agree upon the format and the content of such reports and the frequency with which the reports
shall be provided to CONTRA COSTA and CCTA, as needed.
8. Termination of Agreement. A PARTY may terminate this AGREEMENT at any
time by giving written notice of termination to each of the other PARTIES which shall specify the
effective date thereof; provided that any notice of termination shall be given at least thirty (30) days
before its effective date.
9. Entire Agreement. This AGREEMENT is the entire agreement among CCTA and the
PARTNER JURISDICTIONS relating to the subject matter of this AGREEMENT. All PARTIES
acknowledge they have not relied upon any promise, representation or warranty not expressly set
forth in this AGREEMENT in executing this AGREEMENT. If any provision of this
AGREEMENT is void or otherwise unenforceable, the remainder of the AGREEMENT shall
continue in full force and effect. Any changes to the terms and provisions of this AGREEMENT or
affecting the obligations of the PARTIES set forth in this AGREEMENT shall be by written
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amendment signed by all PARTIES, except for amendments to Exhibit A, which can be made
separately in writing between CCTA and a PARTNER JURISDICTION pursuant to Section 4(b).
10. Severability. Should any part of this AGREEMENT be declared unconstitutional,
invalid, or beyond the authority of a PARTY to enter into or carry out, such decision shall not affect
the validity of the remainder of this AGREEMENT which shall continue in full force and effect;
provided that the remainder of this AGREEMENT can, absent the excised portion, be reasonably
interpreted to give effect to the intentions of the PARTIES.
11. Waiver. No waiver by a PARTY of any default or breach of any covenant by the
other PARTIES shall be implied from any omission to take action on account of such default if such
default persists or is repeated and no express waiver shall affect any default other than the default
specified in such waiver and then such waiver shall be operative only for the time and to the extent
stated in such waiver. Waivers of any covenant, term or condition contained herein shall not be
construed as a waiver of any subsequent breach of the same covenant, term or condition. No waiver
of any provision under this AGREEMENT shall be effective unless in writing and signed by the
waiving PARTY.
12. JURY TRIAL WAIVER; SPECIFIC PERFORMANCE. TO THE EXTENT
PERMITTED BY APPLICABLE LAW, EACH PARTY HERETO WAIVES ITS RIGHT TO
A JURY TRIAL OF ANY CLAIM OR DISPUTE ARISING OUT OF THIS AGREEMENT.
The parties hereto agree that specific performance is the only remedy available for a breach of
this AGREEMENT.
13. Controlling Law and Venue. This AGREEMENT and all matters relating to it
shall be governed by the laws of the State of California. Venue shall be in Contra Costa County.
14. Authority. All PARTIES executing this AGREEMENT represent and warrant
that they are authorized to do so.
15. Indemnification.
a) CCTA hereby agrees to indemnify, defend, assume all liability for and
hold harmless each PARTNER JURISDICTION, its officers, employees, agents and
representatives, to the maximum extent allowed by law, from all actions, claims, suits, penalties,
obligations, liabilities, damages to property, costs and expenses (including, without limitation,
any fines, penalties, judgments, actual litigation expenses and experts’ and actual attorneys’
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fees), environmental claims or bodily and/or personal injuries or death to any persons
(collectively, “CLAIMS”), arising out of the negligence or willful misconduct of CCTA, its
officers, agents or employees in connection with or arising from any of its activities pursuant to
this AGREEMENT. This indemnity shall not apply to any CLAIMS arising out of the sole
negligence or willful misconduct of a PARTNER JURISDICTION.
b) Each PARTNER JURISDICTION hereby agrees to indemnify, defend,
assume all liability for and hold harmless CCTA and its member agencies, officers, employees,
agents and representatives, to the maximum extent allowed by law, from all CLAIMS arising out
of the negligence or willful misconduct of such PARTNER JURISDICTION, its officers, agents
or employees in connection with or arising from any of such PARTNER JURISDICTION’S
activities pursuant to this AGREEMENT. This indemnity shall not apply to any CLAIMS arising
out of the sole negligence or willful misconduct of CCTA.
16. The parties hereto recognize and agree that separate counterpart signature
pages may be used to execute this AGREEMENT, but that all such pages constitute one and the
same AGREEMENT.
Signatures appear on following pages.
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CITY OF TRACY
By:
Name:
Title:
Date ________________, 2013
APPROVED AS TO FORM:
By:
, City Attorney
Date_________________, 2013
MOUNTAIN HOUSE COMMUNITY SERVICES DISTRICT
By:
Name:
Title:
Date ________________, 2013
APPROVED AS TO FORM:
By:
, District Attorney
Date_________________, 2013
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Exhibit A: Payment rates for reimbursement to PARTNER JURISDICTIONS
Position Description
Hourly pay range
(direct salary only, no
overhead or other
costs)
80% of hourly
pay range *
Maximum total
reimbursement for
PROJECT
County of Contra Costa staff persons:
1.
2.
3.
Contra Costa County Total $50,000.00
City of Brentwood staff persons:
1.
2.
3.
Brentwood Total $50,000.00
City of Tracy staff persons:
1.
2.
3.
Tracy Total $50,000.00
San Joaquin County staff persons:
1.
2.
3.
San Joaquin County Total $50,000.00
Mountain House Community Services District staff persons:
1.
2.
3.
Mountain House Total $50,000.00
Combined Total $250,000.00
* -- CCTA will reimburse PARTNER JURISDICTIONS for eighty percent (80%) of their respective employee’s hourly rates,
which is the rate at which CCTA will be reimbursed with FEDERAL GRANT FUNDS, as set forth in more detail in this
AGREEMENT.
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EXHIBIT B
PROCEDURE FOR INVOICES PREPARED BY PARTNER JURISDICTIONS FOR
SUBMITTAL TO CCTA
1. PARTNER JURISDICTION shall prepare and submit invoices to CCTA on a
quarterly basis (January-March, April-June, etc.) within 60 calendar days after the
close of each quarter;
2. Each invoice shall include a cover letter signed by the PARTNER
JURISDICTION’S authorized representative that includes the following:
- reference to this AGREEMENT, including Cooperative Agreement
number;
- a sequential billing number (1, 2, 3, ...etc.)
- the quarterly period for which the invoice applies;
- a summary of work performed
- certification that invoices include a reimbursement for no more than
eighty percent (80%) of direct salary costs and no overhead costs have
been requested for reimbursement.
3. Attached to the cover letter shall be a table indicating the identity of personnel
who performed the work, the direct hourly rate of pay for each staff person
(excluding all overhead), the number of hours worked, and the total cost of staff
time, and the 80% of cost for which reimbursement is being requested
4. The invoice shall include an Expenditure Summary Report, including the
following:
4.1 Total Budget
4.3 Previous Expenditures
4.4 Expenditures This Period
4.5 Reimbursement Requested
4.6 Expenditures to Date (including this Invoice)
4.7 Budget Remaining
Approval of the Cooperative Funding Agreement will finalize the Board of Supervisor's actions related to the transfer
of the planning phase to CCTA. This agreement could not be processed with the earlier actions because CCTA first
needed to receive an E-76 (Authorization to Proceed) from Caltrans. The E-76 was recently approved.
The subject agreement facilitates reimbursement of the County and other partner agencies from the federal
appropriations through the project lead, now CCTA. Other partner agencies include San Joaquin County, Alameda
County, the cities of Tracy & Brentwood and the Mountain House Community Services District. Reimbursable
activities include staff time related to providing data and supporting documents, review of study materials,
participation in meetings, identification of stakeholders, establishment of any necessary institutional structures,
BACKGROUND: (CONT'D)
and general project advice to CCTA and other involved entities.
County Counsel has reviewed and approved this agreement as to its form.
CONSEQUENCE OF NEGATIVE ACTION:
Failure to approve the Cooperative Funding Agreement will make the County ineligible for reimbursement of up
to $50,000 in staff costs related to work on the State Route 239 study.
CHILDREN'S IMPACT STATEMENT:
Not applicable.
ATTACHMENTS
SR239 Co-op Agreement Final