HomeMy WebLinkAboutMINUTES - 11191996 - C106 TO:0 '' BOARD OF SUPERVISORS
A Contra
Costa
FROM: HARVEY E. BRAGDON -.
DIRECTOR OF COMMUNITY DEVELOPMENT °osr.. .....
DATE: November 19, 1996
SUBJECT: Authorize Contracts with the Eastern Contra Costa Transit Authority
under 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 two
contracts with the Eastern Contra Costa Transit Authority (Tri-
Delta Transit) under the East Contra Costa Intermodal Transit
Access Program for a combined total of $150., 000 . 00 , as follows :
1) A contract in the amount of $75, 000 for a Direct Mail and
Marketing Campaign on Access Options for the Pittsburg/Bay
Point BART Station.
2) A contract in the amount of $75, 000 to prepare a Strategic
Transit Plan for future service to the Pittsburg/Bay Point
BART Station.
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 SIGNATURWr�jygl-�
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEND TION BOARD
COMMITTEE
APPROVE OTHER
SIGNATURE (S) :
ACTION OF BOARD ON XVI I APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
/ 2 HEREBY CERTIFY THAT THIS IS A
J 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 19%
cc: Judy Coons, Auditor Controller PHIL BATCHELOR, CLERK OF
Carol Raynolds, PWD THE BOARD OF SUPERVISORS
County Administrator AND COUNTY ADMINISTRATOR
Tri-Delta Transit (via CDD) \
Caltrans, Dist . 4 (via CDD) BY DEPUTY
Autki6rize Contracts with Tri-Delta Transit under Contra Costa County's East Contra Costa
Intermodal Transit Access Program (PVEA and Navy Mitigation Funds)
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 ( $200, 000 PVEA grant and $50, 000 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. There were two funding
proposals submitted by Tri-Delta Transit, for a combined total of
$150, 000, which were approved in the Board' s action January 23 ,
1996 .
The first approved proposal was a $75, 000 funding request for a
Direct Mail and Marketing Campaign on Access Options for the
Pittsburg/Bay Point BART Station. Tri-Delta Transit intends to
use these funds to develop and implement, in conjunction with
BART, a direct mail and marketing campaign explaining alternative
access options for the Pittsburg/Bay Point BART Station aimed at
Contra Costa County residents residing in zip codes that research
indicates would most likely use this station. The purpose of this
project is to demonstrate how a targeted campaign to inform
residents and increase public awareness of access options will
result in greater uses of alternative travel modes and thereby
reduce energy consumption.
The second funding proposal submitted by Tri-Delta Transit was a
$75, 000 funding request to prepare a Strategic Transit Plan for
future service to the Pittsburg/Bay Point BART Station. Tri-Delta
Transit intends to use these funds to develop a Transportation
Access Plan for the Pittsburg/Bay Point BART Station. The purpose
of this project is to demonstrate, through a combination of
related actions, how automobile use, and consequently energy
consumption, can be reduced by offering East County residents
alternative transit services to the Pittsburg/Bay Point BART
Station, which can be implemented by Tri-Delta Transit given
their financial resources .
Two separate contracts between Contra Costa County and Tri-Delta
Transit for each of these approved funding proposals, to be
funded under the East Contra Costa Intermodal Transit Access
Program (PVEA grant and Navy Mitigation Funds combined) , are now
ready for execution. Staff recommends Board authorization for the
Chair of the Board of Supervisors to enter into two separate
contracts with Tri-Delta Transit, each contract in an amount not
to exceed $75, 000 .
attachment (1)
Board Order, dated January 23, 1996
j :\proche\tridel.bo
ONTRA COSTA - Contra
TO: BOARD OF SUPERVISORS ,., Costa
• 95 FEB 12 PN 4: 27 COUI /
FROM: HARVEY E. BRAGDON COMM-`UNITY
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
RECOMMENDATIONS
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 brant 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 SIGNATUREE B d
RECOMMENDATION OF COUNTY ADMINISTRATOR RECO ON OF BC;A#D 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 Department ATTESTED January 23 , 1996
Contact: P. Roche, 646-2835
cc: Caltrans (via CDD) PHIL BATCHELOR, CLERK OF
E BOARD OF SUPERVISORS
AND OUNTY MI 3STRAT
j
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 letter 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) Nam :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 CCTA, 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;
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.
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Contra Costa County Number IOQo
Standard Form 1/87 STANDARD CONTRACT Fund/Org#3526
(Purchase of Services) Account#2310-X96
1:' C6ntract Identification. Other# SB 1923
Department: Community Development
Subject: Preparation of a Strategic Transit Plan for future service to the Pittsburg/Bay Point BART Station
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: Eastern Contra Costa Transit Authority
Capacity: Taxpayer ID#Not Applicable
Address: 801 Wilbur Avenue, Antioch, CA 94509
3. Term. The effective date of this Contract is November 19. 1996 it terminates December 31. 1997 unless
sooner terminated as provided herein.
4. Payment Limit. County's total payments to Contractor under this Contract shall not exceed$75,000.00
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
BOARD OF SUPE VISOR ATTEST:Phil Batchelor, Clerk of the Board of
Chairman/Des' ee Supervisors and County Administrator
At By .2"- "bt--,)
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 C, U
(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. lulling 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. The Contractor shall provide comprehensive liability insurance, including coverage for
owned and non-owned automobiles, with a minimum combined single limit coverage of $500,000 for all damages, including
consequential damages, due to bodily injury, sickness or disease, or death to any person or damage to or destruction of property,
including the loss of use thereof, arising from each occurrence. Such insurance shall be endorsed to include the County and its officers
and employees as additional insureds as to all services performed by Contractor under this agreement. Said policies shall constitute
primary insurance as to the County, the State and Federal Governments, and their officers, agents, and employees, so that other
insurance policies held by them or their self-insurance program(s) shall not be required to contribute to any loss covered under the
Contractor's insurance policy or policies.
b. Workers' ComRcnsatfon. The Contractor shall provide workers' compensation insurance coverage for its
employees.
C. Certificate of Insurance. The Contractor shall provide the County with(a)certificate(s)of insurance evidencing
liability and worker's compensation insurance as required herein no later than the effective date of this Contract. If the Contractor
should renew the insurance policy(ies) or acquire either a new insurance policy(ies) or amend the coverage afforded through an
endorsement to the policy at any time during the term of this Contract, then Contractor shall provide (a) current certificate(s) of
insurance._
d. Additional Insurance Provisions. The insurance policies provided by the Contractor shall include a provision
for thirty(30)days written notice to County before cancellation or material 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 ubderstands and agrees that there is no representation, implication, or understanding that the
services provided by Contractor under this Contract will bepurchased 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.
3
Contra Costa County PAYMENT PROVISIONS Standard Form 6/90
(Fee Basis Contracts)
Number
1. EMent Amounts. Mject 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
[d] c. $75.000.00 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.
104,
Contra Costa County
Number
SERVICE PLAN
PREPARATION OF A STRATEGIC TRANSIT PLAN FOR FUTURE SERVICE TO THE
PITTSBURG/BAY POINT BART STATION
(see attachment)
._._.... ._.._._
Maplan&Associates C ,/
Enclosure to 2/26196 Letter to Tri Delta Transit
Proposal-Transportation Access Program(TAP)to BART Bay Point
Development of Transportation Access Program (TAP) to
New Pittsburg/Bay Point BART Station
Objective To demonstrate,through a combination of related actions, how automobile use, and
consequently, energy consumption, can be significantly decreased by offering alternative trans-
portation options to access the new Pittsburg/Day Point BART station expected to be open in late
1996. The focus of the work will be on development of transit-related programs that can be imple-
mented by Tri Delta Transit.
Task 1: Determine through existing information and data, a reasonably precise estimate of the
amount of total trips and the share of automobile trips currently being made in the corri-
dor(s) that will be served by the the new BART service. These are expected to include,
at a minimum, Kirker Pass, Highway 4, and Willow Pass Road. This information will
be used to establish a reasonable"target"value of"conversions"by which to measure the
success of the program after a period of time. Sources of information to be reviewed in-
clude MTC reports and future estimates of commute characteristics from the study area,
prior BART studies completed that include projections of patronage at new stations,
mode split of passengers accessing stations,etc.
Task 2: Evaluate the level of attractiveness of"alternative transportation access modes"to the site
location of the Pittsburg/Bay Point BART station(Highway 4 and Bailey Road). Poten-
tial locations within the service area of the new BART station, and within the Tri Delta
Transit service area, will be evaluated to determine the most attractive and efficient site
for "changes of mode" to occur. This could reflect nearby overflow parking facilities
with shuttle service provided close to the loading platform, further away intercept-type
parking sites where patrons can use either scheduled or special"express-type"bus ser-
vice to access the Pittsburg/Bay Point station location, or a central"gathering place"in a
neighborhood where fixed-route service or a neighborhood shuttle service would offer
direct express service to the new station.
After opportunities and constraints for each of these sites are identified, they will be
ranked in order of a) the ability of the mode to significantly reduce auto and energy use,
and b) the cost and speed with which the specific improvement can be implemented.
Since only a limited time period and budget will be available to implement any programs,
only those with the greatest potential of encouraging"conversion"- those that can be ini-
tiated in a reasonably short period and at a relatively low cost- will be considered.These
could include:major marketing and"trial offers" efforts to encourage mode switches, op-
erating local neighborhood "shuttle"service, converting an existing parking area at a
commercial or infrequently used site(e.g., a church) for a staging area, etc.
Task 3: Based on the findings of Tasks 1 and 2, a Transportation Access Program will be devel-
oped for implementation by Tri Delta Transit in concert with the opening of the new
BART station. This will include (if applicable)proposed bus schedules and fare struc-
tures, operational details of a neighborhood shuttle service(s), operating budget and fleet
commitments,etc. Working with the marketing consultant, a promotional program will
be developed to ensure that the strategic transit plan will have the greatest potential for
success.
Pagel
Gl0Go
✓Kaplan&Associates.
Enclosure to 2126196 Letter to Tri Delta Transit
Proposal-Transportation Access Program(TAP)to BART Bay Point
Task 4: Through either passenger surveys at the new BART station or other means, the initial
"conversion"level of East Contra Costa residents from previously"drive alone"modes
of travel will be identified. Efforts will be directed at learning if the same trip had been
made previously, and, if so,by what means. Also, the extent of influence that the Trans-
portation Access Program(TAP)had on determining mode choice will be evaluated
Throughout the study effort,estimates of energy conserved(primarily through reduction
of auto trips)will be estimated and measured.
A summary of the strategic plan development and the results of the initial evaluation will
be developed and incorporated into the Tri Delta Transit short range transit plan update.
Schedule: Planning efforts and necessary data gathering and field inventory and review of access
corridors would start immediately. Household telephone surveys, if needed,will be conducted of
study area commuters to obtain travel characteristics and preferences, such as work start time,end
time, current travel mode,etc. This work would be carried out in the spring and summer of 1996.
The detailed development of the program(s)and planning for implementation would occur after the
above work is completed. The pilot programs would be expected to run for a minimum of at least
one full year. An initial evaluation of the level of"conversion"will be developed into a written re-
port at the conclusion of this work effort,expected in late 1996 or early 1997.
Budget: Total funding in the amount of$75,000 will cover✓Kaplan staff work efforts as well as
possible subcontractor efforts in surveys and related analysis. Invoices will be submitted monthly
to Tri Delta Transit.
Page 2
Contra Costa County Number
Standard Form 1/87 STANDARD CONTRACT Fund/Org# 3526
(Purchase of Services) Account#2310-X96
L' Contract Identification. Other# SB 1923
Department: Community Development
Subject: Direct Mail and Marketing Campaign on Access Options 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: Eastern Contra Costa Transit Authority
Capacity: Taxpayer ID# Not Applicable
Address: 801 Wilbur Avenue, Antioch, CA 94509
3. Term. The effective date of this Contract is November 19. 1996 it terminates December 31. 1997 unless
sooner terminated as provided herein.
4. Payment Limit. County's total payments to Contractor under this Contract shall not exceed$75,000.00
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
BOARD OF SUPERVISORS ATTEST:Phil Batchelor, Clerk of the Board of
Chairman/De ' ee Supervisors 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 C'w
(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. jnspectlm. 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. RgpQrting Rtguirements. 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 Funding. Notwithstandinj 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.
1
Contra Costa County Standard Form 1/87
GENERAL CONDMONS
(Purchase of Services)
7. Further Specifications for O rating 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
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. Disp . 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 therefic 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. Conridentialill. 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
Contra Costa County Standard Form 1/87
GENERAL CONDMONS C- O
(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. The Contractor shall provide comprehensive liability insurance, including coverage for
owned and non-owned automobiles, with a minimum combined single limit coverage of $500,000 for all damages, including
consequential damages, due to bodily injury, sickness or disease, or death to any person or damage to or destruction of property,
including the loss of use thereof, arising from each occurrence. Such insurance shall be endorsed to include the County and its officers
and employees as additional insureds as to all services performed by Contractor under this agreement. Said policies shall constitute
primary insurance as to the County, the State and Federal Governments, and their officers, agents, and employees, so that other
insurance policies held by them or their self-insurance program(s) shall not be required to contribute to any loss covered under the
Contractor's insurance policy or policies.
b. Workers' Compensation. The Contractor shall provide workers' compensation insurance coverage for its
employees.
C. Certificate of Insurance. The Contractor shall provide the County with(a)certificate(s)of insurance evidencing
liability and worker's compensation insurance,;�s required herein no later than the effective date of this Contracts If the Contractor.
should renew the insurance policy(ies) or acquire either a new insurance policy(ies) or amend the coverage afforded through an
endorsement to the policy at any time during the term of this Contract, then Contractor shall provide (a) current certificate(s) of
insurance—
d.
d. Additional Insurance Provisions. The insurance policies provided by the Contractor shall include a provision
for thirty (30)days written notice to County before cancellation or material 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 uhderstands 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.
3
.HIi
Contra Costa County Standard Form 1/87
GENERAL CONDITIONS
(Purchase of Services)
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.
25. SoRydghts 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-133. 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-133
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-133 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.
a
4
r r.
Contra Costa Cbunty PAYMENT PROVISIONS Standard Form 6/90 p .,
(Fee Basis Contracts)
Number
L Payment Amounts. $oject to the Payment 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
[J b. $ per unit, as defined in the Service Plan, or
c. $75.000.00 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. i 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.
S
t
Initials:
Contractor County Dept. i;
Contra Costa County
Number
SERVICE PLAN
DIRECT MAIL AND MARKETING CAMPAIGN ON ACCESS OPTION FOR THE
PITTSBURG/BAY POINT BART STATION
{see attachment}
Proposed Resident Direct Mailing for Contra Costa County
For FY 1997
Prepared 11/27/95
PROJECT DESCRIPTION .
A Contra. Costa County Direct Mail Program is being proposed in this application by BART.
Staff time is not included in this proposal. Costs on the attached page are for out-of-pocket
estimated expenses.
Target Market
Contra Costa County residents residing in zip codes identified by BART research as those
most likely to use BART's new Pittsburg/Bay Point Station. An estimated 100,000 residents
live around the new station.
Contents of the Mailing
Each Contra Costa County resident household will receive an envelope containing the
following:
Cover letter offering a trial BART Plus ticket (total value will be equal to a round trip
from their home to downtown San Francisco . . . (approx. $6.40)
Map which details the bus, vehicle, bicycle and pedestrian access to the BART station
closest to their home.
BART & Buses Brochure (the access map will be inserted as a pullout).
System Map Card (credit card size) with the BART system map on one side and train
schedule information and phone numbers for local bus service to BART stations.
Schedule A
Mail to residents in early September and late September 1996.
Proposed Resident Direct Mailing for Contra Costa County
For FY 1997
Prepared 11/27/95
Budget
Mailings are estimated at 100,000. If BART can start the first mailing in early September
and do one additional mailing by late September, following are the estimated costs for
this project:
*Map design&production $ 2,000
Individual map of Pittsburg/Bay Point Station
*Map printing(100,000) $ 2,500
•BART& Buses brochure printing (100,000) $10,000
•Mailings (Total 100,000 pieces) $48,000
Includes mailing lists, printing of cover letter, envelopes,
postage & handling
*System Map Card (100,000) $12,500
TOTAL $75,000