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HomeMy WebLinkAboutMINUTES - 10051993 - TC.1 Contra TO: BOARD OF SUPERVISORS Costa FROM: TRANSPORTATION COMMITTEE -? County DATE: September 27 , 1993 SUBJECT: Report on agreement with the Contra Costa Centre Association to manage a TDM program at the Pleasant Hill BART Station area SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Approve-- an agreement with the Contra Costa Centre Association to manage a Transportation Demand Management (TDM) program for the Pleasant Hill BART Station Area, in an amount not to exceed $282 ,229, and authorize the Chair of the Board to sign the agreement. 2 . Authorize the Director of Community Development to charge up to $20, 000 to the Pleasant Hill BART Station Area TDM Fee Account during 1993-94 for staff costs related to monitoring the TDM program, staffing the TDM Advisory Committee, and consultant costs for a financial audit of the program. 3 . Direct the Auditor-Controller to deposit $16, 000 from the Pleasant Hill BART Station Area TDM Fee Account to the Contra Costa Centre Association Van Replacement Account for van depreciation costs for the 1993-94 fiscal year. FISCAL IMPACT None to County General Funds. The Pleasant Hill BART Station Area TDM program would be funded by developer fees prepaid at the time , of Specific Plan approval. CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR X RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : om Powers Gayle Bishop ACTION OF BOARD ON OCT r 5 1993 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Orig Dept: Community Development ATTESTED OCT 5 1993 Contact: Ernest Vovakis, 646-2355 PHIL BATCHELOR, CLERK OF cc: Contra Costa Centre Assn. (via CDD) THE BOARD OF SUPERVISORS Val Alexeeff, GMEDA AND COUNTY ADMINISTRATOR Jim Kennedy, Comm. Dev. Auditor-Controller BY _ , DEPUTY Pleasant Hill BART TDM Program September 27, 1993 Page 2 BACKGROUND/REASONS FOR RECOMMENDATIONS Each year since 1990, the County has entered into an agreement with the Contra Costa Centre Association to manage a Transportation Demand Management program for the Pleasant Hill BART Station area. The present agreement expires on September 30, 1993 . On August 17, 1993, the .Centre Association presented its 1992-93 annual report to the Board, which indicated an overall "average vehicle ridership" of 1. 21 for the Station area, exceeding the County' s 1993 goal of 1. 15 and the Bay Area Air Quality Management District's goal of 1. 10 for 1993 . The Board observed that this level of performance compares very favorably with other employment centers in the Bay Area, but that within two years would barely exceed the BAAQMD standard. The Board accepted the annual report and requested the Centre Association to develop strategies during the coming year for increasing the use of transit and other alternatives to driving alone. This request has been incorporated into the agreement for 1993-94 . The agreement also provides funding for operating eight vanpools, including three new vanpools acquired with Measure C funds during 1992-93, and for operating a noontime shuttle service to nearby commercial areas, also started during 1992-93 . The TDM Coordinator's weekly work schedule has been increased from 16 to 24 hours, reflecting the growing workload of managing the program and the increasing employment level at the station area. The budget also includes $75, 000 as a match to a Caltrans grant, which if awarded, would provide for on- site kiosks and bonded staff to sell high-volume transit tickets. As indicated above, the source of funds for the Pleasant Hill BART Station area TDM program is the Pleasant Hill BART Station Area TDM Fee Account, which was established in 1983 with a voluntary assessment of the property owners in the amount of $1, 129, 000 for transportation programs. With the commitment of funds made with this Board order for $ 318, 229, approximately $580, 000 remains in this account for allocation in future years. Te , / PROJECT AGREEMENT PLEASANT HILL BART STATION AREA TDM PROGRAM 1993-94 1. Agreement Identification. Department: Community Development Department Subject: Allocation of Pleasant Hill BART Station .m Area TDM Fee Account for TDM Program 2. Parties. The County of Contra Costa, California, hereinafter called "County", 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, 1993 and it terminates September 30, 1994 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 $282,229.00. County shall make quarterly payments to Contractor equivalent to actual expenditures for the preceding quarter except that County will advance $70, 000. to contractor to fund operations during the first quarter. Payments shall be made in accordance with the following schedule: October 20, 1993 advance payment of $70, 000. February 20, 1994 reimbursement for October 1 - December 31 May 20, 1994 reimbursement for January 1 - March 31 August 20, 1994 reimbursement for April 1 - June 30 November 20, 1994 f inal reconciliation for 1993-94 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 Oblication. County shall make those allocation payments to the contractor described in paragraph 4, Payment Schedule, for the work described in Attachment A hereto, subject to all terms, conditions, and assurances contained or incorporated herein. County shall perform program monitoring and financial oversight. -1- r 6. Contractor's Obligations. Contractor shall provide those services and carry out that work as described in the "TDM Project Work Program, 1993-1994, 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. 8. 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. -2- 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. 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. -3- 14. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA CONTRACTOR BY: l t��' BY: /G/�"ati �ht Tom Torlakson, Chair Robert Russell, President Board of Supervisors Contra Costa Centre DATE• OCT 5 1993 Association, DATE:- ATTEST: ATE•ATTEST: Phil Batchelor County Clerk of the Board of Supervisors BY: and County 4Lyvyftte Tanner, Admini trator Executive Director Contra Costa Centre BY: Association De ty DATE: Recommended by Department BY: - 1 Harvey E. Bragdon, Diiector Community Development Department Form proved: County Counsel BY: L4L Deputy 1trns/cm/CCCA.bos -4- ATTACHMENT A TDM PROJECT WORK PROGRAM, 1993-94 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; 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, 1994 in compliance with Regulation 13, Rule 1 of the Bay Area Air Quality Management District. 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 - vanpool operations and maintenance - TDM events at employment sites - annual employee survey - update Contra Costa Centre Association TDM Program In addition, as directed by the Board of Supervisors, Contractor shall include in its annual report for 1994, a report on new strategies expected to increase the use of transit and other alternatives to driving alone beyond the current level of performance. 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. E. 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, 1994. Contractor will submit quarterly financial reports. F. 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. G. PROJECT BUDGET The project budget appears in Exhibit A. EXHIBIT A FY 1993-94 Budget Contra Costa Centre TDM Program 1993-94 Budget figures wei:e determined from the year-to-date expenses (third quarter) of the TDM Program. Estimated Item Expense Salaries $ 39,235.00 Exec. Director 616 hrs. @ 21.41 = 13,188.56 TDM Coord. 1,248 hrs. @ 15.87 = 19,805.76 Clerical 520 hrs. @ 12.00 = 6,240.00 Overhead $ 24,719.00 ($.63 of salaries) Retirement Account $ 1,981.00 TDM Coord. 10% of 19,805.76 Payroll Taxes $ 3,043.00 TDM Program Marketing $ 25,700.00 Newsletter/flyers/printing 9,000 Guaranteed Ride Home 5,000 Driver/Rider Incentive 1,500 Program Promotion Exp.* 4,500 Marketing Incentives** 4,500 Survey Promotion 1,200 TDM Program Contingency $ 5,000.00 Employer Matching Grant Program *** $ 75,000.00 V Page 2 FY 1993-94 Contra Costa Centre TDM Program RIDES Consulting $ 3,000.00 Annual Commute Survey Analysis TDM Events $ 7,000.00 On-site events at each building Shuttle Operations& Marketing $ 70,000.00 Vanpool Maintenance& Operations (8 vans) $ 50,000.00 Fuel Insurance Maintenance Tires Financial Services $ 2,500.00 TOTAL ESTIMATED EXPENSES FOR THE CONTRA COSTA $307,178.00 CENTRE TDM PROGRAM -FY 1993-94 Less 1992-93 Program Carry-over $ 24,949.00 FY 1993-94 AGREEMENT TOTAL $282,229.00 (1) County will transfer $16,000.00 from the assessment district to the fixed asset reserve account for vanpool depreciation expenses. (2) County will be authorized to charge the assessment district account up to $20,000 for County Staff time and Annual Program Audit. *Includes an increase for attendance at conference/seminars. **Includes an increase for promotion program to carpools ***We are requesting a $75,000.00 matching grant from Caltrans for the I680/24 interchange construction mitigation program. This matching grant would provide on-site kiosks with bonded staff to sell high-volume transit tickets. This is a one-year grant, the expenditure of the funds is conditional upon the Caltrans approval of the Contra Costa Centre grant request.