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HomeMy WebLinkAboutMINUTES - 10061992 - TC.4 TO: BOARD OF SUPERVISORS FROM: TRANSPORTATION COMMITTEE DATE: SEPTEMBER 21, 1992 SUBJECT: SEISMIC RETROFIT OF THE BAY AREA TOLL BRIDGES SPECIFIC REQUEST(S) OR RECOMMENDATION(S) &BACKGROUND AND JUSTIFICATION I. Recommended Action: ACCEPT the following report and ACKNOWLEDGE the response by the Metropolitan Transportation Commission to the proposal to fund the seismic retrofit of the Bay Area Toll Bridges. II. Financiallmpact: None to the General Fund. III. Reasons for Recommendations and Background: On July 21, 1992 the Board of Supervisors opposed a proposal by the Metropolitan Transportation Commission (MTC) to fund the seismic retrofit of the Bay Area toll bridges from existing toll revenue or future toll increases. The Board further requested the Metropolitan Transportation Commission, the California Transportation Commission, Caltrans and the State Legislature to explore alternative means to fund the seismic retrofit of the bridges. Attached is a response from MTC, dated August 21, 1992, indicating they have explored alternative funding mechanisms. Their current proposal is to utilize toll revenue bonds to fund the cost of the seismic retrofit. Payment of the bonds would be from gas tax funds rather than toll revenue funds. The advantage of this proposal is that bridge toll revenues would not be directly used to fund seismic retrofit projects. Continued on Attachment: SIGNATURE: _ RECOMMENDATION OF COU ADMINISTRATOR RECOMMENDATION OF COMMITTEE APPROVE SIGNATURE(S): ACTION OF BOAR N b., i y 9.2 APPROVED AS RECOMMENDED_X OTHER VOTE OF SUPERVISORS UNANIMOUS (ABSENT IV 1 AYES: NOES: ABSENT- T ABSTAIN: 1 hereby certify that this Is a true and correct copy of RMA:cRMA:cI l.t9 an action taken and entered on the minutes of the Board of Supe"Isont on the date shown. Contact:Mitch Avalon 313-2235 Orig. Div:Public Works (R/E) ATTESTED: PHIL BATCHELOR,Clerk of the::oard AttAttachment L. Bulkeley, CAO of Superwaore and County Administrator cc: H. Bragdon, Community Development S. Goetz, Community Development �► - °eq1� M. Shiu, Deputy Public Works Director H. Ballenger, Road Engineering L. Tunison, Major Projects SEISMIC RETROFIT OF THE BAY AREA TOLL BRIDGES Page Two September 24, 1992 III. Reasons for Recommendations and Background cont: The seismic retrofit projects would be funded from bonds that would be repaid over a long period of time. This would reduce the short term financial hit on the Bay Area's capital improvement budget. The seismic retrofit projects would be programmed through the State Highway Safety Operation and Protection Program (HSOPP). This has an additional advantage in that recent Senate Bill 1435 states that expenditures for the HSOPP projects are not subject to county minimums or the north/south split. The disadvantage is that this proposal would reduce the bonding capacity for the toll funds. With reduced bonding capacity its unlikely that a bond could be floated for any large capital improvement project. In addition, although gas tax revenue is proposed to pay back the bonds, it is assumed that future toll revenue would actually guarantee the bonds when they are sold. This would make it "easier" to remove gas tax support at some future date. IV. Consequences of Negative Action: MTC's response would not be acknowledged. -MTC _ -METROPOLITAN TRANSPORTATION - -- _ - C0MMIS510N _ .August 21, 1992 RECEIVED Em L CAA ; Supervisor Sunne lkPeak, 'Chair --- smve Lsw, Contra Costa Board of Supervisors C,amc.1„cam" County Administration Building AUb 25 �oasr L%: I-P 651 Pine Street, 11th Floor t snn vvaa Hart i neZ, CA 44553 �BOARD OF SUFShUM arc, CONTRA COSTA CO. •r•�•c�••. Dear Supervisor NCPeak: { K#AW 1& F MWC.K. I an writing in response to the Board of Supervisor's request that fo NWO NTC and others explore alternatives to toll revenues for seismic SMFW retrofit funding of the Bay Area toll bridges. CW Wd C=M" NAwc-Own Several legislators #ave also requested that Caltrans consder 1LAMr"XWX alternative funding sources, such as state gas tax funds, for swma•c-m seismic retrofit of the bridges. This issues came up at the recent TowNOLAm legislative hearing on Regional Neasure 1. In response to the legislator's request, HTC has developed a discussion paper outli6ing an approach to funding the retrofit program that would avoid am depleting toll revenues for seismic retrofit of the bridges. ��,T, ,�w Essentially, this approach would utilize toll revenue bonds to fund the costs of seismic retrofit, but would require that gas tax funds r � reimburse the toll revenue account for all debt service payments. We are now reviewing this approach with legal and legislative staff, s-- c-" and will continue to explore alternatives with the legislature ' CTC ft=C.10""o and Caltrans. 6 o A Thank you for your input on this issue. Please call flank Dittmar of my staff if you would like to discuss this further. Awma 1.SEAL+sn Sincerely, AM OAL"W +kwal1 Nom. no W. Lawrence D. Dahms ULDOM,"" Executive Director d'naraoatw�w+ _ VAmw P.D ma w us.04PO WR LDD:DT GORMN H.A6dUv _ o,p.E••�.n�.se. �,N1 t,*e 14 .. josrm P.Bw lM moCiNm• 101 EMKM sheer•4Nauno,CA 946074700 j S10/464-7700. 3DDf M 310/464.7784 • FAX 310/4647848 1+ II i EXHIBIT B PROJECT AGREEMENT PLEASANT HILL BART STATION AREA TDM PROGRAM 1992-93 1. Agreement Identification. Department: Community Development Department Subject: Allocation of Pleasant Hill BART Station Area TDM Fee Account for TDM Program 2 . Parties. The County of Contra Costa, California, hereinafter called "County", for its Department named above, and the following named Contractor mutually agree and promise as follows: Contractor: Contra Costa Centre Association Address: 1350 Treat Boulevard, Suite 180 Walnut Creek, California 94596 3 . Term. The effective date of this Agreement is October 1, 1992 and it terminates September 30, 1993 unless sooner terminated as provided herein subject to all terms, conditions, and assurances contained or incorporated herein. 4 . Payment Schedule. County's total payments to Contractor under this agreement shall not exceed $261,710. County shall make quarterly payments to Contractor equivalent to actual expenditures for the preceding quarter except that County will advance $30, 000. to contractor to fund operations during the first quarter. Payments shall be made in accordance with the following schedule: October 15, 1992 advance payment of $30, 000. February 15, 1993 reimbursement for October 1 - December 31 May 15, 1993 reimbursement for January 1 - March 31 August 15, 1993 reimbursement for April 1 - June 30 November 15, 1993 final reconciliation for 1992-93 agreement County reserves the right to withhold any part or all of any payment if questions regarding expenditures arise which cannot be resolved to the satisfaction of the County. 5. County's Obligation. County shall make those allocation payments to the contractor described in paragraph 4, Payment Schedule, for the work described in Exhibit A hereto, subject to all terms, conditions, and assurances ' contained or incorporated herein. County shall perform program monitoring and financial oversight. 6. Contractor's Obligations. Contractor shall provide those services and carry out that work as described in the "TDM Project Work Program, 1992-1993, Pleasant Hill BART Station Area," a copy of which is attached hereto as Attachment A and incorporated herein by this reference, subject to all the terms, conditions and certifications contained or incorporated herein. Contractor shall provide a quarterly statement of expenditures to the County with appropriate backup documentation within twenty days following the end of each calendar quarter. 7. Status. Contractor is an independent contractor, and shall not be considered an employee of the County; any person(s) employed by the Contractor shall not be considered an employee(s) of the County. Any program established or operated by the Contractor as part of the "TDM Project Work Program" shall not be considered a program of the County. S. Insurance. Contractor shall obtain and maintain during the term hereof insurance protection against liability for damages for personal bodily injuries (including death) and for property damage, whether the property of one or more claimants, in an amount not less than $1,000,000 per occurrence (combined single limit) for combined bodily injury and property damage liability as required under the State of California Vanpool Acquisition Grant Program and naming the County of Contra Costa as additional insured, and requiring 30 days' written notice of policy lapse or cancellation. 9. Indemnification. Contractor shall defend, save and hold harmless the County and its officers and employees from any and all claims, costs and liability for any damages, injury, or death arising directly or indirectly from or connected with the services provided hereunder, due to claimed or alleged to be due to negligent or wrongful acts of the Contractor or arising from the Contractor's implementation and management of the services provided hereunder, save and except claims or litigation arising through the sole negligence or sole willful misconduct of the County, and will make good to and reimburse the County for any expenditures, including reasonable attorneys fees the County may make by reason of such matters and, if requested by the County, will defend any such suits at the sole cost and expense of the Contractor. 10. Depreciation. County will deposit $16,000 into the fixed asset reserve account in the Pleasant Hill BART Station Area TDM Fee Account for replacement of the vans operated by the Contractor. Contractor will deposit into this account on a quarterly basis that portion of payments received from vanpool riders that represents depreciation expenses. 11. Project. This Agreement implements in whole or in part the TDM Program for the Pleasant Hill BART. Station Area as provided for under the Pleasant Hill BART State Area, Assessment District TDM Fee Account, and as more particularly described in the "TDM Project Work Program," attached hereto. 12. Changes to' Work Program. Any changes to the attached work program shall be mutually agreed upon in writing by the Director of Community Development and the contractor, and may include reallocations of funds within the project budget to reflect the revised work program. 13. Disputes. Disagreements between County and Contractor concerning the meaning, requirements, or performance of this Contract shall be subject to final determination in writing by the head of the County Department for which this Contract is made or his designee or in accordance with the applicable procedures (if any) required by the State or Federal Government. 14. Termination. County shall have the right to terminate this Agreement, upon providing written notice to Contractor, for failure to carry out the terms of this Agreement, including the terms incorporated herein as Exhibit A. Upon such termination, Contractor shall, without delay, deliver to County all materials and records prepared or obtained in the performance of this Agreement, and shall be paid, without duplication, all amounts due for the services rendered up to the date of termination. County shall implement the enforcement provisions of Article 532-2.10 of County Ordinance No. 92-31 prior to terminating this Agreement pursuant to the above paragraph. ,. 14. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA CONTRACTOR BY: BY: Sunne McPeak, Chair Contra Costa Centre Board of Supervisors Association DATE: DATE: ATTEST: Phil Batchelor County Clerk of the Board of Supervisors BY: and County Administrator DATE• BY: Deputy Recommended by Department BY: Harvey E. Bragdon, Director Community Development Department Form Approved: County Counsel BY: Deputy ltrns/cm/CCCA.bos ATTACHMENT A TDM PROJECT WORE PROGRAM, 1992-93 PLEASANT HILL BART STATION AREA A. PROJECT DESCRIPTION Operate and expand the Transportation Demand Management (TDM) Program required as traffic mitigation for the Pleasant Hill BART Station Area including implementing a vanpool program for employees in the Pleasant Hill BART Station Area; providing an on-site TDM Coordinator; establishing special events/recognition awards activities; operating the shuttle program; updating the TDM Program; and conducting marketing for vanpooling, carpooling, and other alternatives to single occupant vehicle commutes. B. PROJECT GOALS 1. To achieve, as a minimum, an average vehicle ridership (AVR) of 1.15 by July, 1993 in compliance with TDM Ordinance No. 92-31. 2. To comply with the provisions of TDM Ordinance No. 92-31 and to effectively use the TDM Fee Account established to mitigate traffic impacts within the Pleasant Hill BART Station Area. C. PROJECT ACTIVITIES Project activities include retention of a part-time on-site TDM coordinator with clerical assistance to carry out the Contra Costa Centre Association's Transportation Demand Management Program (TDM) , including but not limited to the following: - TDM information and promotion program, - assistance in forming carpools, - vanpool program marketing, - lunch time shuttle and vanpool operations and maintenance, TDM events at employment sites, annual employee survey, update Contra Costa Centre Association TDM Program, D. QUARTERLY REPORTS Contractor shall submit quarterly reports to the County on the status of funds expended, balances remaining, and a brief narrative of the project/activity status as required in Item 6 of the Project Agreement. Reports shall be submitted 20 days following the end of each calendar quarter. Z. PERFORMANCE STANDARDS Contractor will attain an average vehicle ridership of 1.15 among Contra Costa Centre Association member employees within the Pleasant Hill BART Station Area by July, 1993. Contractor will submit quarterly financial reports. P. PROJECT ADMINISTRATION The Pleasant Hill BART Station Area TDM Program will be administered by Lynette Tanner, Executive Director for the Contra Costa Centre Association, and implemented by Linda Young, TDM Coordinator for the Contra Costa Centre Association. Monitoring will be performed by the County TDM Coordinator. A financial audit may be requested and performed under the direction of the County. t ' Q. PROJECT BUDGET The following project budget has been developed to. guide expenditures for the Contra Costa Centre Association TDM program. This budget covers the period, October 1, 1992 through September 30, 1993. Item Estimated Expenditure Salaries $31,326 Executive Director 616 hours x 19.23 TDM Coordinator 936 hours x 15.87 Clerical 514 hours x 9.00 Overhead (0.64 x salaries) $20,049 TDM Program Marketing $25,000 Newsletter/Flyers/Poster/Printing $12,500 Guaranteed Ride Home $ 5,500 Driver/Rider Incentive $ 1,000 Program Promotion Expense $ 3,500 Marketing Incentives $ 2,000 Survey Promotion $ 11000 TDM Program Contingency $ 5,000 RIDES Consulting $ 3,000 Annual Commute Survey Analysis TDM Events $ 7,000 On-site events at each building Equipment Purchase $25,000 3 vans for Commute/Shuttle service (vans plus conversions CCCA pays 30% of purchase and conversion, Measure C Funding Grant pays 70%) Shuttle Operations (M-F/10:30-2:30/20 min. $80,000 frequency to three retail centers) Operators $50,000 Fuel $18,000 Maintenance $10,000 Miscellaneous $ 2,000 Vanpool Maintenance & Operations (8 vans) $70,400 • Vehicle Registration $ 2,000 Insurance $34,000 Cleaning/Servicing/Repairs $ 1,000 Tires $ 3,000 Fuel $20,000 Emergency Road Service $ 200 Bridge Tolls $ 200 Maintenance/Back-up Van Rental $10,000 Vanpool Vehicle Depreciation .$16,000 Financial Services $5,500 . Quarterly Financial Statements CONTRA COSTA CENTRE ASSOCIATION COSTS $288,275 less 1991-92 fund balance - $ 26,565 1992-93 AGREEMENT TOTAL $261,710 COUNTY COSTS $ 25,000 Program Monitoring Staffing TDM Advisory Committee $20,000 Financial Management/Audit $5,000 ltrns/cm/CCCA.bos