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HomeMy WebLinkAboutMINUTES - 11191996 - C105 TO: BOARD OF SUPERVISORS COI1tl'a Costa FROM: HARVEY E . BRAGDON DIRECTOR OF COMMUNITY DEVELOPMENT County�osT DATE: November 19, 1996 SUBJECT: Authorize Contract with San Francisco Bay Area Rapid Transit District for the Pathfinder Sign Program for the Pittsburg/Bay Point BART Station as part of Contra Costa County' s East Contra Costa Intermodal Transit Access Program (PVEA and Navy Mitigation Funds) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Authorize the Chair of the Board of Supervisors to execute a contract with the San Francisco Bay Area Rapid Transit District (SFBARTD) in the amount of $50, 000 for the Pathfinder Sign Program at the Pittsburg/Bay Point BART Station under the East Contra Costa Intermodal Transit Access Program. FISCAL IMPACT No impact on the General Fund. All project costs are covered under a $200 , 000 grant to Contra Costa County from the State ' s Petroleum Violation Escrow Account and $50, 000 set aside under the Navy Mitigation Fund Expenditure Plan. CONTINUED ON ATTACHMENT: XX YES SIGNATUR RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDA ION BOARD COMMITTEE APPROVE OTHER SIGNATURE (S) : ACTION OF BOARD ON NOY 19 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: Patrick Roche, CDD (510-335-1242) ATTESTED NOV 19 1996 cc: Judy Coons, Auditor Controller PHIL BATCHELOR, CLERK OF Carol Raynolds, PWD THE BOARD OF SUPERVISORS County Administrator AND COUNTY ADMINISTRATOR SFBARTD (via CDD) Caltrans, Dist . 4 (via CDD) BY DEPUTY z . G/0 Authorize Contract for the Pathfinder Sign Program for the Pittsburg/Bay Point BART Station with SFBARTD November 19, 1996 Page 2 BACKGROUND/REASONS FOR RECOMMENDATIONS Contra Costa County is the recipient of a Petroleum Violation Escrow Account (PVEA) funding grant from the State of California to demonstrate how energy consumption may be reduced through a comprehensive intermodal transit access program for eastern Contra Costa County. This program is intended to provide East County residents with easier, alternative means of travel to the new Pittsburg/Bay Point BART Station. The overall budget for this program is $250 , 000 (PVEA grant and Navy Mitigation funds combined) . In October 1995, the County issued a call for projects to more than 30 agencies, local jurisdictions, community groups, and nonprofit organizations inviting them to submit a funding proposal . In a January 23 , 1996 action, the Board of Supervisors reviewed and approved project proposals to be funded under the East County Intermodal Transit Access Program. One of the funding proposals approved by the Board on January 23 , 1996 was a $50, 000 funding request submitted by SFBARTD for the Pathfinder Sign Program at the Pittsburg/Bay Point BART Station. SFBARTD intends to use these funds to develop and design a directional sign program geared to linking BART patrons to activity centers, community facilities, schools, parks, neighborhoods, and other transit services near the new Pittsburg/Bay Point BART Station. The purpose of this project is to demonstrate how improved directional signing will promote and increase alternative access modes to the new BART Station and thereby reduce energy consumption. A contract between Contra Costa County and SFBARTD for the Pathfinder Sign Program at the Pittsburg/Bay Point BART Station, to be funded under the East Contra Costa Intermodal Transit Access Program(PVEA grant and Navy Mitigation Funds combined) , is now ready for execution. Staff recommends Board authorization for the Chair of the Board of Supervisors to enter into a contract with SFBARTD for the Pathfinder Sign Program at the Pittsburg/Bay Point BART Station in an amount not to exceed $50, 000 . attachment (1) Board Order, dated January 23, 1996 j :\proche\bartpve.bo "ONTRA COSTA - COt'lt1'd TO: BOARD OF SUPERVISORS ' / r Costa 96 FEB 12 PH 4: 27 _ FROM: HARVEY E. BRAGDON O011k',� UNI j Y _ County DIRECTOR OF COMMUNITY DEVELOPMEWELOPMENT DEPT DATE: January 23 , 1996 SUBJECT: Approve Staff Recommended Funding Allocations for the East Contra Costa Intermodal Transit Access Program, Round 1 (PVEA & Navy Funds) SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION R ECOMMENDAT I ONS Review and approve the staff recommended allocation of funds through the East Contra Costa Intermodal Transit Access Program (PVEA: & Navy Funds) . FISCAL IMPACT No impact on the General Fund. Affirmative action would allocate up to $220, 000 of combined Contra Costa County PVEA Grant Funds and Navy Mitigation Funds . BACKGROUND/REASONS FOR RECOMMENDATIONS Contra Costa County is the recipient of a Petroleum Violation Escrow Account (PVEA) funding grant from the State of California to demonstrate how energy consumption may be reduce through a comprehensive intermodal transit access program for eastern Contr Costa County. This program is intended to provide East Co n CONTINUED ON ATTACHMENT: x YES SIGNATURE E B d RECOMMENDATION OF COUNTY ADMINISTRATOR RECO ON OF BO COMMITTEE APPROVE OTHER SIGNATURES: ACTION OF BOARD ON January 23 , 1996 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A X 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: Community Development Departmentt ATTESTED January 23, 1996 Contact: P. Roche, 646-2835 cc: Caltrans (via CDD) PHIL BATCHELOR, CLERK OF E BOARD OF SUPERY�SORS AND OUNT'Y MI ISTRAT E.C. Intermodal Transit Access Program January 23 , 1996 Page Two residents with easier, alternative means of travel to the new BART station, which is now under construction at the Bailey Road interchange on Highway 4 . The overall budget for the program is set at $250, 000 (PVEA and Navy funds combined) . In two previous actions on this project ( 12/19/94 and 5/23/95) , the Board of Supervisors accepted the $200, 000 PVEA Grant, allocated $50, 000 in Navy Mitigation Funds as the County's local match, and authorized staff to initiate this program as a joint effort between Contra Costa County, BART, Tri-Delta Transit, and the TRANSPLAN Committee (the Regional Transportation Planning Committee for eastern Contra Costa County) . Subsequent to these actions a Memorandum of Understanding was signed by the involved agencies which established a management framework for the program, referred to as the East Contra Costa Intermodal Transit Access Program MOU. On October 30, 1995 a program announcement lettet was issued to over 30 agencies, local jurisdictions, community groups, and non- profit organizations inviting them to submit funding proposals under this program. During this initial round, six proposals were submitted for a total of $379, 000 in requested funds : 1) Name: A Proposal to Develop a Station Car Demonstration Program for the Pittsburg/Bay Point BART Station. Submitted By: National Station Car Association Amount Requested: $12 , 000 2) Name: Direct Mail Program for Contra Costa Co. Residents Aimed At Households Most Likely to use Pittsburg/Bay Point Station Submitted By: BART, Capital Development and Control Amount Requested: $77, 000 3) Name: Pathfinder Sign Program for the Pittsburg/Bay Point BART Station Submitted By: BART, Access and Facilities Planning Amount Requested: $50, 000 4) Ham :Expand Alternative Transportation Access to Pittsburg/Bay Point BART Submitted By: Tri-Delta Transit Amount Requested: $150, 000 5) Name: 1996 Bus To Bart Marketing Campaign Submitted By: Tri-Delta Transit Amount Requested: $40, 000 6) Name: Proposal to Prepare Transit Friendly Local Ordinances Submitted By: ` Tri-Delta Transit Amount Requested: $50, 000 An interagency group, comprised of staff from the County, BART, Tri-Delta and OCTA, met on December 18, 1995 .to evaluate the six proposals. Based on this evaluation, staff recommends allocating up to $220, 000 in combined funds, as follows : 1) Fully fund $50, 000 request from BART for the Station Pathfinder Program, as defined in their proposal; - - �Co1 E.C. Intermodal Transit Access Program January 23 , 1996 Page Three 2) Fund up to $75, 000 of Tri-Delta Transit 's request for strategic transit planning, as defined in their Proposal #1 :Expand Alternative Transit Access, and encourage Tri-Delta to supplement funding with other sources (e.g. partner with BART on FTA Section 8 planning fund grant via BART' s Section 13c status) ; 3) Conditionally approve up to $75, 000 in PVEA/NAVY funds as a contribution toward a combined BART/Tri-Delta direct mail and marketing campaign to inform East County residents on alternative access for the new Pittsburg/Bay Point BART Station (rather than two separate marketing campaigns as originally proposed by the two transit agencies) ; 4) Reserve $20, 000 in program funds for Tri-Delta Transit and local East County jurisdictions to prepare 'transit Oriented Development Guidelines for better integration of bus transit access concerns in the planning and design of new subdivisions. This would be a joint effort between Tri-Delta and the jurisdictions and would be initiated pending progress with Tri-Delta Transit' s strategic transit planning; 5) Do not approve the balance of $75, 000 requested by Tri-Delta Transit as part their Proposal #1 : Expand Alternative Transit Access; 6) Do not approve $12, 000 funding request submitted by the National Station Car Association at this time because the proposed approach is too generic and does not consider difference in East County setting ( focus on residential end of trip, as opposed employment sites) . Staff seeks the Board of Supervisor' s approval of this first round of program fund allocations and authorization to enter funding agreements with the involved agencies based on these fund allocation recommendations. The attached table list as Exhibit One summarizes East Contra Costa Intermodal Transit Access Program funding allocations. PR/tp1/PVEA/NAVY.S0 EXHIBIT ONE • m � � ? � m E � � • ��emi a O °i � 3 c ��O!Vi OL m m� p OM :mIO � �, Xb c d c at O W • • w p V • e w • .+ w w • yiC, A C N m o r O ,aNi ,ovi p Z D N O.0 p p p CI A O 8 8 8 8 8 8 8 8 8 8 vl� � O o � 0 N • �'13 3 0 m N V N v 10 ;SCI p Ogi t 8 O O 8 8 v • S � A N • w • w + e+ w+ 5 T'3 c 0 0 0 $ m m $ Zloiz § 8 ^ m v 8 8 8 8 8 8 8 8 It Q g o CL30 w < 8 o �. Z $ o � 0 q Contra Costa County //r/9 �� C /," Number Standard Form 1/87 STANDARD CONTRACT Fund/Org# 3526 (Purchase of Services) Account# 2310-X96 1. Contract Identification. Other# 5B 1923 Department: Community Development Subject: Pathfinder Sign Program for the Pittsburg/Bay Point BART Station; East Contra Costa Intermodal Transit Access Program 2. Parties. The County of Contra Costa, California (County), for its Department named above, and the following named Contractor mutually agree and promise as follows: Contractor: San Francisco Bay Area Rapid Transit District Capacity: Taxpayer ID# Not Applicable Address: 800 Madison Street, Oakland, CA 94604-2688 3. Term. The effective term of this contract is twelve (12) months from execution the date, which begins and terminates unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Contractor under this Contract shall not exceed $ 50,000.00 5. County's Obligations. County shall make to the Contractor those payments described in the Payment Provisions attached hereto which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 6. Contractor's Obligations. Contractor shall provide those services and carry out that work described in the Service Plan attached hereto which is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 7. General and Special Conditions. This Contract is subject to the General Conditions and Special Conditions (if any) attached hereto, which are incorporated herein by reference. 8. Project. This Contract implements in whole or in part the following described Project, the application and approval documents of which are incorporated herein by reference: 9. Legal Authority. This Contract is entered into under and subject to the following legal authorities: California Government Code: Sections 26227 and 31000. 10. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA BOARWge S ATTEST:Phil Batchelor, Clerk of the Board of ChairmSupervisors and County Administrator By Deputy CONTRACTOR By By (Designate business capacity A) (Designate business capacity B) Note to Contractor: For Corporations(profit or nonprofit),the contract must be signed by two officers. Signature A must be that of the president or vice- president and Signature B must be that of the secretary or assistant secretary(Civil Code Section 1190 and Corporations Code Section 313). All signatures must be acknowledged as set forth on page two. Contra Costa County Standard Form 1/87 GENERAL CONDITIONS (Purchase of Services) 1. Compliance with Law. Contractor shall be subject to and comply with all Federal, State and local laws and regulations applicable with respect to its performance under this Contract, including but not limited to, licensing, employment and purchasing practices; and wages, hours and conditions of employment, including nondiscrimination. 2. Inspection. Contractor's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Contractor shall keep and make available for inspection and copying by authorized representatives of the County, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the County. a. Retention of Records. The Contractor shall retain all documents pertaining to this Contract for five years from the date of submission of Contractor's final payment demand or final Cost Report; for any further period that is required by law; and until all Federal/State audits are complete and exceptions resolved for this contract's funding period. Upon request, Contractor shall make these records available to authorized representatives of the County, the State of California, and the United States Government. b. Access to Books and Records of Contractor. Subcontractor. Pursuant to Section 1861(v)(1) of the Social Security Act, and any regulations promulgated thereunder, Contractor shall, upon written request and until the expiration of four years after the furnishing of services pursuant to this Contract, make available to the Secretary of Health and Human Services or to the Comptroller General, or any of their duly authorized representatives, this Contract and books, documents, and records of Contractor that are necessary to certify the nature and extent of all costs and charges hereunder. Further, if Contractor carries out any of the duties of this Contract through a subcontract with a value or cost of$10,000 or more over a twelve-month period, such subcontract shall contain a clause to the effect that upon written request and until the expiration of four years after the furnishing of services pursuant to such subcontract, the subcontractor shall make available, to the County, to the Secretary or to the Comptroller General, or any of their duly authorized representatives, the subcontract and books, documents, and records of the subcontractor that are necessary to verify the nature and extent of all costs and charges thereunder. This special condition is in addition to any and all other terms regarding the maintenance or retention of records under this Contract and is binding on the heirs, successors, assigns and representatives of Contractor. 4. Reporting Requirements. Pursuant to Government Code Section 7550, Contractor shall include in all documents or written reports completed and submitted to County in accordance with this Contract, a separate section listing the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of each such document or written report. This section shall apply only if the payment limit under this Contract exceeds $5,000. 5. Termination. a. Written Notice. This Contract may be terminated by either party, at their sole discretion, upon thirty-day advance written notice thereof to the other, and may be cancelled immediately by written mutual consent. b. Failure to Perform. The County, upon written notice to Contractor, may immediately terminate this Contract should the Contractor fail to perform properly any of its obligations hereunder. In the event of such termination, the County may proceed with the work in any reasonable manner it chooses. The cost to the County of completing Contractor's performance shall be deducted from any sum due the Contractor under this Contract, without prejudice to the County's rights otherwise to recover its damages. C. Cessation of Fundine. Notwithstanding Paragraph 5.a. above, in the event that Federal, State, or other non- County funding for this Contract ceases, this Contract is terminated without notice. 6. Entire Agreement. This Contract contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understanding, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Contract, including but not limited to, monitoring, evaluating, auditing, billing, or regulatory changes, may be developed and set forth in a written Informal Agreement between the Contractor and the County. Such Informal Agreements shall be 1 Contra Costa County Standard Form 1/87 GENERAL CONDITIONS (Purchase of Services) designated as such and shall not be amendments to this Contract except to the extent that they further detail or clarify that which is already required hereunder. Such Informal Agreements may not enlarge in any manner the scope of this Contract, including any sums of money to be paid the Contractor as provided herein. Informal Agreements may be approved and signed by the head of the County Department for which this Contract is made or his designee. 8. Modifications and Amendments. a. General Amendments. This Contract may be modified or amended by a written document executed by the Contractor and the Contra Costa County Board of Supervisors or, after Board approval, by its designee, subject to any required State or Federal approval. b. Administrative Amendments. Subject to the Payment Limit, the Payment Provisions and the Service Plan may be amended by a written administrative amendment executed by the Contractor and the County Administrator or his designee, subject to any required State or Federal approval, provided that such administrative amendments may not materially change the Payment Provisions or the Service Plan. 9. Disputes. Disagreements between the 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. 10. Choice of Law and Personal Jurisdiction. a. This Contract is made in Contra Costa County and shall be governed and construed in accordance with the laws of the State of California. b. Any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, State of California. 11. Conformance with Federal and State Regulations and Laws. Should Federal or State regulations or laws touching upon the subject of this Contract be adopted or revised during the term hereof, this Contract shall be deemed amended to assure conformance with such Federal or State requirements. 12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General Conditions, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Contractor's performance or any part thereof complies with the requirements of this Contract, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Contractor's obligation to fulfill this Contract as prescribed; nor shall the County be thereby estopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract. 13. Subcontract and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated under this Contract and shall not assign this Contract or monies due or to become due, without the prior written consent of the County Administrator or his designee, subject to any required State or Federal approval. 14. Independent Contractor Status. This Contract is by and between two independent contractors and is not intended to and shall not be construed to create the relationship between the parties of agent, servant, employee, partnership, joint venture or association. 15. Conflicts of Interest. Contractor, its officers, partners, associates, agents, and employees, shall not make, participate in making, or in any way attempt to use the position afforded them by this Contract to influence any governmental decision in which he or she knows or has reason to know that he or she has a financial interest under California Government Code Sections 87100, et seq., or otherwise. 16. Confidentiality. Contractor agrees to comply and to require its officers, partners, associates, agents and employees to comply with all applicable State or Federal statutes or regulations respecting confidentiality, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that: 2 G ia� Contra Costa County Standard Form 1/87 GENERAL CONDITIONS (Purchase of Services) a. All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such service. b. No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service. Contractor agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by law may be guilty of a misdemeanor. 17. Nondiscriminatory Services. Contractor agrees that all goods and services under this Contract shall be available to all qualified persons regardless of age, sex, race, religion, color, national origin, or ethnic background, or handicap, and that none shall be used, in whole or in part, for religious worship or instruction. 18. Indemnification. The Contractor shall defend, indemnify, save, and hold harmless the County and its officers and employees from any and all claims, costs and liability for any damages, sickness, death, or injury to person(s) or property, including without limitation all consequential damages, from any cause whatsoever arising directly or indirectly from or connected with the operations or services of the Contractor or its agents, servants, employees or subcontractors hereunder, save and except claims or litigation arising through the sole negligence or sole willful misconduct of the County or its officers or employees. Contractor will reimburse the County for any expenditures, including reasonable attorneys' fees, the County may make by reason of the matters that are the subject of this indemnification, and if requested by the County will defend any claims or litigation to which this indemnification provision applies at the sole cost and expense of the Contractor. 19. Insurance. During the entire term of this Contract and any extension or modification thereof, the Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: a. Liability Insurance. County acknowledges that the Contractor is self-insured for liability. b. Workers' Compensation. County acknowledges that the Contractor is self-insured for workers' compensation. C. Evidence of Insurance. Contractor shall provide the County with a letter of self-insurance and workers' compensation no later than the effective date of this contract. d. Additional Insurance Provisions. Contractor shall provide thirty (30) days written notice to County before cancellation or materila changes of the above specified coverage. 20. Notices. All notices provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to the head of the County Department for which this Contract is made. Notices to the Contractor shall be addressed to the Contractor's address designated herein. The effective date of notice shall be the date of deposit in the mails or of other delivery, except that the effective date of notice to the County shall be the date of receipt by the head of the County Department for which this Contract is made. 21. Primacy of General Conditions. Except for Special Conditions which expressly supersede General Conditions, the Special Conditions (if any) and Service Plan do not limit any term of the General Conditions. 22. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased by County under a new contract following expiration of termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure to continue purchase of all or any such services from Contractor. 23. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land(Revenue &Taxation Code Section 107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest. Contractor agrees that this provision complies with the notice requirements of Revenue &Taxation Code Section 107.6, and waives all rights to further notice or to damages under that or any comparable statute. 24. No Third-Party Beneficiaries. Notwithstanding mutual recognition that services under this Contract may provide some aid or assistance to members of the County's population, it is not the intention of either the County or Contractor that such individuals occupy the position of intended third-party beneficiaries of the obligations assumed by either party to this Contract. 3 ,,_, Sm Contra Costa County Standard Form 1/87 GENERAL CONDITIONS (Purchase of Services) 25. Copyrights and Rights in Data. Contractor shall not publish or transfer any materials produced or resulting from activities supported by this agreement without the express written consent of the County Administrator. If any material is subject to copyright, the County reserves the right to copyright such and the Contractor agrees not to copyright such material. If the material is copyrighted, the County reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, and use such materials, in whole or in part, and to authorize others to do so. 26. Endorsements. Contractor shall not in its capacity as a contractor with Contra Costa County publicly endorse or oppose the use of any particular brand name or commercial product without the prior approval of the Board of Supervisors. In its County contractor capacity, Contractor shall not publicly attribute qualities or lack of qualities to a particular brand name or commercial product in the absence of a well-established and widely-accepted scientific basis for such claims or without the prior approval of the Board of Supervisors. In its County contractor capacity, Contractor shall not participate or appear in any commercially-produced advertisements designed to promote a particular brand name or commercial product, even if Contractor is not publicly endorsing a product, as long as the Contractor's presence in the advertisement can reasonably be interpreted as an endorsement of the product by or on behalf of Contra Costa County. Notwithstanding the foregoing, Contractor may express its views on products to other contractors, the Board of Supervisors, County officers, or others who may be authorized by the Board of Supervisors or by law to receive such views. 27. Required Audit. If Contractor is funded by$25,000 or more in federal grant funds in any fiscal year from any source, Contractor shall provide to County at Contractor's expense an audit conforming to the requirements set forth in the most current version of Office of Management and Budget Circular A-128. If Contractor is funded by $25,000 to $100,000 in federal grant funds in any fiscal year from any source, Contractor shall arrange for conduct of the federally-required audit biennially and shall submit the audit to County in the time, form, and manner required by the most current version of Office of Management and Budget Circular A-128 and by County. If Contractor is funded by$100,000 or more in federal grant funds in any fiscal year from any source, Contractor shall arrange for the federally-required audit annually and shall submit the audit to the County in the time, form, and manner required by the most current version of Office of Management and Budget Circular A-128 and by County. Contractor is solely responsible for arranging for the conduct of the audit, and for its cost, and County may withhold the estimated cost of the audit or 10 percent of the contract amount, whichever is larger, or the final payment, from Contractor until County receives the audit from Contractor. 4 C./off Contra Costa County PAYMENT PROVISIONS Standard Form 6/90 (Fee Basis Contracts) Number 1. Payment Amounts. Soject to the Payment Limit of this Contract and subject to the following Payment Provisions, County will pay Contractor the following fee as full compensation for all services, work, expenses or costs provided or incurred by Contractor: [Check one alternative only.] [] a. $ monthly, or [] b. $ per unit, as defined in the Service Plan, or [✓] c. $50.000.00 after completion of all obligations and conditions herein. 2. Payment Demands. Contractor shall submit written demands. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Contractor shall submit said demands for payment no later than 30 days from the end of the month in which the contract services upon which such demand is based were actually rendered. Upon approval of said payment demands by the head of the County Department for which this Contract is made, or his designee, County will make payments as specified in Paragraph 1. (Payment Amounts) above. 3. Penalty for Late Submission. When Contractor fails to submit to County a timely demand for payment as specified in Paragraph 2. (Payment Demands) above, and as a result of Contractor's late submission the County is unable to obtain reimbursement from the State of California or otherwise; to the extent the County's recovery of funding is prejudiced, County shall not pay Contractor for such services, even though such services were fully provided. 4. Right to Withhold. County has the right to withhold payment to the Contractor when, in the opinion of the County expressed in writing to the Contractor, (a) the Contractor's performance, in whole or in part, either has not been carried out or is insufficiently documented, (b)the Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Contractor has failed to sufficiently itemize or document its demand(s) for payment. 5. Audit Exceptions. Contractor agrees to accept responsibility for receiving, replying to, and/or complying with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Contract. Contractor also agrees to pay to the County within 30 days of demand by County the full amount of the County's obligation, if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Contractor's failure to perform properly any of its obligations under this Contract. Initials: Contractor County Dept. Contra Costa County Number SERVICE PLAN PATHFINDER SIGNPROGRAM FOR THE PITTSBURGBAYPOINT BART STATION C•�rss' B A R T BAY AREA RAPID TRANSIT DISTRICT • 800 Madison Street-Lake Merritt Station P.O. Box 12688 Oakland,CA 94604-2688 Telephone(510)464-6000 November 30, 1995 Patrick Roche Community Development Department Contra Costa County MICHAEL BERNICK 651 Pine Street, 4th Floor, North Wing PRESIDENT Martinez, CA 94553-0095 DAN RICHARD VICE-PRESIDENT Subject: Pathfinder Sign Program for the West Pittsburg/Bay Point BART RICHARD A.WHITE Station GENERAL MANAGER Dear Mr. Roche: DIRECTORS This letter outlines a proposal for program funding through the East Contra Costa Intermodal Transit Access Program. As outlined below, the Pathfinder Sign DAN RICHARD 1ST DISTRICT Program for the West Pittsburg/Bay Point BART Station is geared specifically to enhance pedestrian, bicycle, and vehicle circulation between this new BART 2N0 DISTTRICTRICT JOEL station and the surrounding community. A total of$50,000 is requested for this ROY NAKADEGAWA program under "Plan and Design BART Station Intermodal and Other Access ]RD DISTRICT Enhancements" category of the East Contra Costa Intermodal Transit Access MARGARET K.PRYOR Program. 4TH DISTRICT SHERMAN LEWIS I Program Concept 5TH DISTRICT - THOMAS M.BLALOCK The Pathfinder Sign Program was evaluated during development of BART's 6TH DISTRICT Comprehensive Access Strategy Plan. The program is specifically identified as MILD RTEDTT.USSERY an inexpensive way to make BART stations and destinations in the communities JAMES FANG they serve easier to access. Convenience and ease of access are critical 6TH DISTRICT components of making transit competitive with the automobile. MICHAEL BERNICK 9TH DISTRICT The West Pittsburg/Bay Point Pathfinder Sign Program will identify origin and destination points that can be accessed through the West Pittsburg/Bay Point BART Station and develop a multi-modal sign program to conveniently lead people between these points and the BART station. The sign program will be geared to linking people using the BART system to business districts, office parks, schools, neighborhoods, and other transit services and activity centers surrounding the West Pittsburg/Bay Point BART Station. Directional signs appropriate for each mode of access will be developed. This includes, but is not limited to, signs designed and strategically located to facilitate pedestrian, bicycle, automobile, feeder bus, and shuttle bus access to the station and from the station to destinations in the surrounding community. II Initial Program Cost and Funding PreliminarBudget Estimate' • Analyze Existing Conditions: (Assess new station design and surrounding area and document baseline circulation conditions) . . . . . . . . . . . . . . . . . . . . . . . . . $3,000 • Identify Origin & Destination Points: (Establish home-based & work-based catchment areas, circulation patterns, and identify alternative access modes) . . . . . . . . . . . . . . . . $7,500 • Develop Pathfinder Sign Plan Concepts: r (Work.with local community and other affected agencies to create multi-modal sign design concepts) . . . . . . . . . . . . . . . . . . . . . . . . . $10,000 • Complete Sign Designs: (Select final sign designs and obtain community concurrence) . . . . . . . . . . . . . $15,000 • Prepare Implementation Plan: (Develop cost estimates and implementation schedule for sign procurement, manufacture, and installation) $7,000 • Subtotal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $42,500 • Contingency (15%) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $7,500 • Grand Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $50,000 III Program Schedule BART could initiate project development of the Pathfinder Sign Program as soon as funding is awarded. The proposed program schedule involves a 18 to 20 week process. It should be noted that the proposed program and schedule is for design and development of the Pathfinder Sign Program. The cost of sign procurement, manufacture, and installation are not included under the scope of this project. Additional funding will be sought to implement the program once it has been developed. Any anticipated program marketing or outreach during the project development process would be provided from the marketing budget for the West Pittsburg/Bay Point Station as "in-kind" service from BART. ' The following line items represent the major components of a preliminary budget to develop the Pathfinder Sign Program. A refined program budget would be established with the cooperation of Contra Costa County and other agencies. Proposed Program Schedule Baseline Information Gathering and Evaluation . . . . . . . . . . . . . . . Week 1 through Week 6 Identify Origin and Destination Points . . . . . . . . . . . . . . . . . . . . . Week 3 through Week 6 Identify Alternative Access Modes . . . . . . . . . . . . . . . . . . . . . . Week 5 through Week 10 Develop Pathfinder Sign Plan Concepts . . . . . . . . . . . . . . . . . . . Week 7 through Week 14 Review Pathfinder Sign Plan Concepts with Agencies . . . . . . . . Week 12 through Week 16 Finalize Pathfinder Sign Plan . . . . . . . . . . . . . . . . . . . . . . . . . Week 14 through Week 18 Prepare Implementation Plan for the Program . . . . . . . . . . . . . . Week 16 through Week 20 Community Participation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Week 4 through Week 20 IV Alternative Access Modes and Future Station Performance Good directional signs to and from BART stations have the potential to encourage and increase use of alternative access modes. The specific program goal is to attract people to alternative access modes and to reduce vehicle miles travelled and energy consumption for people who need to drive to the station. Based on BART's 1988 environmental documentation' for the Pittsburg/Antioch Extension, it is estimated that there would be approximately 1,970 daily entries and exits at the West Pittsburg/Bay Point Station in the Year 2000. Given this estimated daily ridership, approximately 82% (±1,615) would use a car to access the station (i.e., drive alone, carpool, or arrive via passenger drop-off), about 10% (±197) would use local feeder or shuttle buses, and about 8% (±158) would walk. By making directional access to the station for all travel modes as clear and useful as possible, it is anticipated that a shift from primary "drive-alone" car access to other alternative access modes is possible. Once the Pathfinder Sign Program is in place, BART would attempt a station-specific survey of modal choices in the near term, and/or attempt to identify and measure how the sign program has affected mode choice and access during the District's next systemwide Passenger Profile Survey in late 1997. If you have any questions about this proposal or need additional information, please contact Leo Rachal at (510) 464-6169. We look forward to working with you to create innovative access opportunities for the West Pittsburg/Bay Point BART Station. Sincer /oldstrorn Har eyy Division Manager Access & Facilities Planning 2 Pittsburg-Antioch Corridor Alternatives Analysis/Draft EIS-EIR, August, 1988.