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HomeMy WebLinkAboutMINUTES - 01141997 - C5 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: January 14, 1997 SUBJECT: Cooperative Agreement with the Contra Costa Transportation Authority for FY96/97 Transportation Funds for Clean Air Grants. Project No.: 0676-6P1020 aFF-08 DO RF_QUff31rCSD L Recommended) Action: APPROVE the Master Cooperative Agreement between Contra Costa Transportation Authority (CCTA) and Contra Costa County, for $325,000 in Transportation Fund for Clean Air (TFCA) Grants for the EI Portal Bike Lanes and the Port Chicago Highway Bike Path projects and; AUTHORIZE the Director of Public Works to execute the agreement. II. Financial Impact: There is no impact to the General Fund. The County will receive $325,000 which will be used to partially fund the EI Portal Bike Lanes and the Port Chicago Highway Bike Path projects. The projects will be funded with a combination of FY97/98 TFCA Grants, navy Mitigation, Measure 'C' Return to Source Funds,Transportation Development Act, and Local Road Funds. III. Reasons for Recommendations and (Background: FY96/97 TFCA applications for the EI Portal Bike Lanes and the Port Chicago Highway Bike Path projects were submitted to the CCTA. The EI Portal Bike Lanes project application was awarded a Grant of$155,000 and the Port Chicago Highway Bike Path project application was awarded a Grant of $170,000. The approval and execution of this agreement is necessary for the CCTA to appropriate the grant funds. Continued on Attachment: 1t SIGNATURE: _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE —APPROVE _OTHER SIGNATURE(S): ACTION OF BOARD ON o i- + –1 9 4 7 APPROVED AS RECOMMENDED OTHER V03 E OF SUPERVISORS UNANIMOUS (ABSENT AYES: NOES: ABSENT: ABSTAIN: AS:as:eh o CoFft MIA NO Ys a erre art9 eon=�y, g:\transeng\as\BO14TFCA.t1 tin action taken and entered on the minutm of maard of Supervisors on the date shown. 9.�_. • �-- i 1297 Orig. Div.: Public Works(T E) S PMI ATCMELOR. :erk c ,� boarm Contact: Al Schaal phone 313-2234 of SupervlSort and County Administraty cc: J. M. Walford, PWDr 7 M. Shiu, Deputy PWD Public Works Accounting Cooperative Agreement with CCTA for FY 96/97 Transportation Funds for Clean Air Grants. January 14, 1997 Page 2 IV. Consequences of Negative Action: a Failure to approve the agreement will delay the funding and may result in the withdrawal of the grant. The loss of the grant will result in a delay in the construction of the projects. b t ORMNAL MASTER COOPERATIVE AGREEMENT NO, 43.00.39 G 7 BETWEEN I' CONTRA COSTA TRANSPORTATION AUTHORITY AND CONTRA COSTA COUNT' This AGREEMENT is made and entered into as of this I<st day of July, 1996, by and between Contra Costa County, hereinafter referred to as "SPONSOR" and the CONTRA COSTA TRANSPORTATION AUTHORITY, hereinafter referred to as "AUTHORITY." RECITALS 1. AUTHORITY and SPONSOR, pursuant to the Contra Costa Transportation Improvement and Growth Management Expenditure Plan and Ordinance (referred to herein as "Measure C ") adopted on August 3, 1988 and approved by the voters of Contra Costa County on November 8, 1988, hereby desire to enter into a cooperative agreement for transportation improvements in Contra Costa County. 2. SPONSOR desires one or more transportation improvements, hereinafter referred to as "PROJECT," eligible under the Carpools, Vanpools and Park and Ride Lot program category of Measure C, and/or under the Transportation]Fund for Clean Air (TIFCA) program funded by the Bay Area Air Quality Management District (BAAQMD) pursuant to Health and Safety Code Sections 44220 et seq. 3. Pursuant to Measure C, AUTHORITY is committed to make available up to $8,600,000 in 1988 dollars for projects eligible under the Carpools, Vanpools, and Park and Ride Lot program category. Measure C funds, hereinafter "TDM GRANT," may be made available to SPONSOR to help fund PROJECT. TDM GRANT will be determined on an annual basis by resolution of AUTHORITY. AUTHORITY anticipates that SPONSOR will supplement Measure C funds with revenues from other eligible sources. 4. AUTHORITY has been designated by resolution adopted by the County and a majority of the incorporated cities within the County having a majority of the population within the incorporated portion of the County as Program Manager for TIFCA projects within the County. In accordance with a Funding Agreement between the Bay Area Air Quality Management District and Contra Costa Transportation Authority (Agreement 96-CC) (]Funding Agreement), the AUTHORITY has agreed to act as Program Manager for TIFCA funds to be expended on projects within the County. A copy of the]Funding Agreement is attached to this AGREEMENT as EXHIBIT D and incorporated by this reference as if fully set forth herein. Unless otherwise indicated herein, the term TDM GRANT includes any TIFCA project funds appropriated to a PROJECT under this agreement. Master Cooperative Agreement No. 43.00.39 Between Contra Costa Transportation Authority & Contra Costa County 1 5. EMMET B, attached to this AGREEMENT and incorporated here by this reference, contains a complete description of the PROJECT approved by the AUTHORITY for TDM GRAFT, which EXHIBIT may be amended, upon approval of the AUTHORITY, from time to time. Each EXHIBIT IBIT E is to include the following information: (1) Objective of TDM Grant: A brief narrative describing the transportation problem to be addressed. (2) Amount of TDM Grant Amount of the grant for the particular fiscal year, and the expiration date of such funds. (3) Scope of Work A statement of the tasks to be performed by SPONSOR by virtue of receiving TDM GRAFT. (4) Schedule Key milestones, deliverables, and level of staff effort. (5) Final Report and Evaluation Anticipated schedule and methodology for evaluating the success of the PROJECT. 6. TDM GRAFT funds shall be available to SPONSOR from July 1, 1996, to.Dune 30, 1998. Qualified expenditures for projects approved under this AGREEMENT shall be eligible for reimbursement when incurred after June 30, 1996, provided they are consistent with the terms and conditions of this AGREEMENT. TIFCA program funds shall be made available to SPONSOR upon request of SPONSOR as they become available to AUTHORITY as Program Manager under the ]Funding Agreement. To the extent that commitments to SIFONSORs for TDM GRANTs exceed funds currently available under Measure C or the TIFCA program, such funds as are available shall be distributed pro rata to SIFONSORs. ' NOW, THEREFORE, in consideration of the foregoing, the AUTHORITY and SPONSOR do hereby agree as follows: SECTION I SPONSOR AGREES: 1. For each PROJECT funded by AUTHORITY, to apply TDM GRANT received under this AGREEMENT to PROJECT consistent with the terms and conditions specified in Funding Resolutions No. 96-09-G (TFCA) and 96-05-G, Revision I (Measure C) approved by the AUTHORITY. Master Cooperative Agreement No. 43.00.39 Between Contra Costa Transportation Authority & Contra Costa County 2 2. For each PROJECT funded by AUTHORITY, to apply PROJECT FUNDS received under this AGREEMENT consistent with the scope of work described in EXHIBIT P to this AGREEMENT. 3. To allow the AUTHORITY to audit all expenditures relating to each PROJECT funded through this AGREEMENT. For the duration of each PROJECT, and for four (4) years following completion of the PROJECT, or earlier discharge of the AGREEMENT, SPONSOR will make available to the AUTHORITY all records relating to expenses incurred in performance of this AGREEMENT. 4. To provide a performance report to the AUTHORITY within one (1) month of the end of the fiscal year, itemizing (a) the expenditure of funds; (b) progress to date in the implementation of each funded project; and (c) the results of the monitoring of the performance of the PROJECT(S) as specified in EXHIBIT B. 5. To provide invoices and progress reports consistent with EXHIBIT B, EXHIBIT C, (Method of Payment), and completed sample form EXHIBIT C-2, which are attached to this AGREEMENT and made a part hereof by reference. 6. To provide overall management of the PROJECT including responsibility for schedule, budget, and oversight of services performed by others and to be responsible for evaluation, selection, and management of consultants and contractors. 7. Upon request, to provide copies to AUTHORITY of all executed contracts and other PROJECT documents between SPONSOR and others involved in the PROJECT. Copies of such executed contracts shall be retained for four(4) years following completion of the PROJECT or earlier discharge of the AGREEMENT. 8. If the PROJECT involves construction or capital acquisition, to install a sign approved by the AUTHORITY that identifies Measure C and the Contra Costa Transportation Authority as a funding source, if applicable. 9. To comply with the AUTIH ORITY's Policy on Disposition of Surplus Personal Property Acquired by a Project Sponsor or Recipient of Program Funds and No Longer Required for the Project or Program (the "Surplus Personal Property Policy") with respect to the disposal of any surplus property acquired in whole or part with Measure C funds. This policy is incorporated by this reference as if fully set forth herein. To the extent that surplus personal property has been purchased with TFCA funds, SPONSOR shall comply with the provisions of the (Funding Agreement. 10. If the PROJECT involves right-of-way acquisition, to follow the requirements of state law and the Federal Uniform Acquisition and Relocation Assistance Act and, if applicable, to transfer net proceeds, after deducting auditable costs of sales, to AUTHORITY, resulting from the sale of excess lands purchased in whole or in part with TDM GRAFT funds, in the same Master Cooperative Agreement No. 43.00.39 Between Contra Costa Transportation Authority k Contra Costa County 3 proportion to the net proceeds as the original contribution of TDM GRANT funds was to the purchase price of the original parcel. 11. If the PROJECT involves TFCA funds, to comply with all relevant requirements of the California Health and Safety Code relating to the application of those funds and to be bound by, and to include in any funding or other agreements which it may enter into with recipients of T]FCA funds, all relevant requirements of EXHIBIT BIT D (Funding Agreement). SECTION 11 AUTHORITY AGREES: 1. Consistent with the procedures specified in EXHIBIT C which is incorporated here by this reference, to reimburse SPONSOR for legitimate expenses incurred in conducting the PROJECT. 2. To provide timely notice if an audit is to be conducted. 3. If PROJECT involves T]FCA funds, to comply with requirements of the Funding Agreement applicable to Program Manager. SECTION III IT IS MUTUALLY AGREED: 1. Term: This AGREEMENT will remain in effect until discharged as provided in Paragraph 2. 2. Discharge: This AGREEMENT shall be subject to discharge as follows: a. Either parry may terminate this AGREEMENT at any time for cause pursuant to a power created by the AGREEMENT or by law, otherwise than for breach, by giving written notice of termination to the other party which shall specify both the cause and the effective date of termination. Notice of termination under this provision shall be given at least ninety (90) days before the effective date of such termination. Payment shall be made by the AUTHORITY for all services rendered by SPONSOR to the PROJECT pursuant to this AGREEMENT up to the time of termination, subject to any expenditure limits applicable to this AGREEMENT. b. This AGREEMENT may be canceled by a party for breach of any obligation, covenant, or condition hereof by the other party, upon notice to the breaching parry. With respect to any breach which is reasonably capable of being cured, the breaching party shall have 30 days from the date of the notice to initiate steps to cure. If the breaching party diligently pursues cure, such party shall be allowed a reasonable time to cure, not to exceed sixty (60) days from the date of the initial notice, unless a further extension is granted by the non-breaching party. On Master Cooperative Agreement No. 43.00.39 Between Contra Costa Transportation Authority & Contra Costa County 4 cancellation, the non-breaching parry retains the same rights as a party exercising its right to terminate under the provisions of paragraph 2(a), except that the canceling party also retains any remedy for breach of the whole contract or any unperformed balance. C. By mutual consent of both parties, this AGREEMENT may be terminated at any time. 3. Cap on aggregate expenditures. In no event shall such TDM[ GRANT, when aggregated with amounts of previously approved TTI[ GRANTS, exceed the Expenditure Plan program category amount set forth in Recital 3, nor shall the timing of payments to SPONSOR pursuant to this AGREEMENT, together with the timing of payments pursuant to all previously approved TDM[ GRANTS, exceed the amount allocated for such period pursuant to AUTHORI<TY's current Strategic Plan. Funds approved under the TIFCA program by AUTHORITY as Program Manager for Contra Costa County included within such TDM[ GRANT or as a part of any previously approved TDM[ GRANT shall not be included in the calculations set forth in the preceding sentences. A chronological listing of TDM[ GRANTS is attached to this AGREEMENT as EXHIBIT A and incorporated by this reference. 4. Indemnity: It is mutually understood and agreed, relative .to the reciprocal indemnification of AUTHORITY and SPONSOR: a. That neither AUTHORITY, nor any officer or employee thereof, shall be responsible for, and SPONSOR shall fully indemnify and hold harmless AUTHORITY against any damage or liability occurring by reason of anything done or omitted to be done by SPONSOR under or in connection with any work, authority or jurisdiction delegated to SPONSOR under this AGREEMENT. It is also understood and agreed that, pursuant to Government Code Section 895.4, SPONSOR shall fully indemnify and hold AUTHORITY harmless from any liability imposed for injury as defined by Government Code Section 810.8 occurring by reason of anything done or omitted to be done by SPONSOR under this AGREEM[ENT or in connection with any work, authority, or jurisdiction delegated to SPONSOR under this AGREEMENT. b. That neither SPONSOR, nor any officer or employee thereof, shall be responsible for, and AUTHORITY shall fully indemnify and hold harmless SPONSOR against any damage or liability occurring by reason of anything done or omitted to be done by AUTHORITY under or in connection with any work, authority, or jurisdiction delegated to AUTHORITY under this AGREEMENT and that, pursuant to Government Code Section 895.4, AUTHORITY shall fully indemnify and hold SPONSOR harmless from any liability imposed for injury as defined by Government Code Section 810.8 occurring by reason of anything done or omitted to be done by AUTHORITY under this AGREEMENT or in connection with any work, authority, or jurisdiction delegated to AUTHORITY under this AGREEMENT. 5. Notices: Any notice which may be required under this AGREEMENT shall be in writing, shall be effective when received, and shall be given by personal service or by certified or registered mail, return receipt requested, to the addresses set forth below, or to such addresses which may be specified in writing to the parties hereto. Master Cooperative Agreement No. 43.00.39 Between Contra Costa Transportation Authority & Contra Costa County 5 J. Michael Walford Public Works Director Contra Costa County 255 Glacier Drive Martinez, CA 94553 Arielle E. L. Bourgart Assistant Director Contra Costa Transportation Authority 1340 Treat Blvd., Suite 150 Walnut Creek, CA 94596 6. Additional Acts and Documents: Each party agrees to do all such things and take all such actions, and to make, execute, and deliver such other documents and instruments as shall be reasonably requested to carry out the provisions, intent, and purpose of the AGREEMENT. 7. Integration: This AGREEMENT represents the entire AGREEMENT of the parties with respect to the subject matter hereof. No representations, warranties, inducements, or oral agreements have been made by any of the parties except as expressly set forth herein, or in other contemporaneous written agreements. 8. Amendment: This AGREEMENT may not be changed, modified, or rescinded except in writing, signed by all parties hereto, and any attempt at oral modification of this AGREEMENT shall be void and of no effect. 9. Independent Agency: SPONSOR renders its services under this AGREEMENT as an independent agency. None of the SPONSOR's agents or employees shall be agents or employees of the AUTHORITY. 10. Assignment: The AGREEMENT may not be assigned, transferred, hypothecated, or pledged by any party without the express written consent of the other party. 11. Binding on Successors, Etc.: This AGREEMENT shall be binding upon the successor(s), assignee(s) or transferee(s) of AUTHORITY or SPONSOR as the case may be. This provision shall not be construed as an authorization to assign, transfer, hypothecate, or pledge this AGREEMENT other than as provided above. 12. Severability: Should any part of this AGREEMENT be determined to be unenforceable, invalid, or beyond the authority of either party to enter into or carry out, such determination shall not affect the validity of the remainder of this AGREEMENT which shall continue in full force and effect; provided that, the remainder of this AGREEMENT can, absent the excised portion, be reasonably interpreted to give effect to the intentions of the parties. 13. Limitation: All obligations of AUTHORITY under the terms of this AGREEMENT are expressly subject to the AUTHOEUTY"s continued authorization to collect and expend the Master Cooperative Agreement No. 43.00.39 Between Contra Costa Transportation Authority & Contra Costa County 6 sales tax proceeds provided by MEASURE C. If for any reason AUTHORITZY's right to collect or expend such sales tax proceeds is terminated or suspended in whole or part, AUTHORITY shall promptly notify SPONSOR, and the parties shall consult on a course of action. If, after twenty five (25) working days, a course of action is not agreed upon by the parties, this AGREEMENT shall be deemed terminated by mutual consent, provided that any future obligation to fund from the date of the notice shall be expressly limited by and subject to (i) the lawful ability of AUTHORITY to expend sales tax proceeds for the purposes of this AGREEMENT; and (ii) the availability, taking into consideration all the obligations of the AUTHORITY under all outstanding contracts, agreements and other obligations of the AUTHORITY, of funds for such purposes. In addition, all obligations of the AUTHORITY hereunder with respect to TIFCA funds are expressly subject to and limited by the terms of the Funding Agreement and applicable provisions of state and federal law, including, but not limited to, provisions related to the AUTHORITY's designation as Program Manager. In the event that AUTHORITY loses its designation as Program Manager or otherwise becomes ineligible to receive T]FCA funds or if for any reason, such TIFCA funds are no longer available to it, ANTUORITY's obligations hereunder shall be terminated without further obligation or liability to SPONSOR. 14. Total Cost: The total cost of this Agreement is $325,000.00 from Resolution No. 96- 09-G (TFCA), and will not exceed that amount unless amended in writing by all parties. CONTRA COSTA CONTRA COSTA COUNTY TRANSPORTATION AUTHORITY by: Rober o McC r J. Michael Walford (Executive Director' Public Works Director ATTEST: by: c ,�- APPROVED as to legal ffo r Y by: Stan Taylor VVictor J. estmn p CCTA Legal Counsel County Cou sell by: Deputy (aster Cooperative Agreement No. 43.00.39 Between Contra Costa Transportation Authority & Contra Costa County 7 ROASTER COOPERATIVE AGREEMENT NO.43.00.39 BETWEEN CONTRA COSTA TRANSPORTATION AUTHORITY AND CONTRA COSTA COUNTY EXHIBIT A Chronological Listing of Projects approved for funding under the Carpools,Vanpools and Park and Ride Program of Measure C or TFCA Program Manager funds: Project Resolution Measure C f=unds TFCA Funds Number/Name Date Appropriated Appropriated Total 96-05-G, Reda 96-09-G 96-CC-25 Bike Lanes EI Portal Drive 4/17/96 155,000.00 155,000.00 96-CC-27 Bikeway- Port Chicago 4/17/96 170,000.00 170,000.00 TOTAL FUNDS APPROPRIATED: 0.00 325,000.001 325,000.00 Master Cooperative Agreement No.43.00.39 Between Contra Costa Transportation Authority and Contra Costa County A- 1 MASTER COOPERATIVE AGREEMENT NO. 43.00.39 BETWEEN CONTRA COSTA TRANSPORTATION AUTHORITY AND CONTRA COSTA COUNTY EXHIBIT B WHEREAS, Contra Costa County, hereinafter referred to as "SPONSOR," and the CONTRA COSTA TRANSPORTATION AUTHORITY,hereinafter referred to as "AUTHORITY," have executed an AGREEMENT dated July 1, 1996 with respect to funding of projects eligible under the Carpools, Vanpools, and Park and Ride Lot program category of Measure C and pursuant to Health and Safety Code Sections 44220 et seq. and the resolution designating the Authority as Program Manager for TFCA funds in Contra Costa; and WHEREAS, AUTHORITY has approved funding for PROJECT(s) as described in the Project Fact Sheets attached to this EXHIBIT B and incorporated by this reference. NOW, THEREFORE, BE IT RESOLVED that the parties hereto do approve the scope of work of this PROJECT and incorporate this EXHIBIT B into Agreement No. 43.00.39 between AUTHORITY and SPONSOR. b by. Ro eN J. Mic Cieary to xec. �,t 'rector 5 Pub c Works Director E rector DATE: Attachments Master Cooperative Agreement No. 43.00.39 Between Contra Costa Transportation Authority & Contra Costa County B - 1 O ' fFY1996/97 TSCA Funding Agreement Attachment A PROJECT H Oo G3MQTM A. Project Number: 96-CC-25 B. Project Sponsor: Contra Costa County C. Project Title: Bike Lanes-El Portal Drive D. TFCA$Allocated: $ 155,000 E. Total Project Cost: $ 190.000 F. Project Description: Project will extend Class 2 bike lanes on El Portal Drive eastward from Richmond city limits toward San Pablo. Project will complete a gap in bicycle access between Richmond and San Pablo, and improve access to Contra Costa College, EI Portal Shopping Center, two schools, and downtown EI Sobrante. Improvements will cover 3300 feet. See Project Fact Sheet in Exhibit 1 for further detail. G. Project Schedule: Start Date(mo/yr) 7/1/96 Completion Date (mo/yr) 6/30/98 Milestone Dates: 1996/97: Design/Right of Way 1997/98: Construction H. Monitoring Requirements: Provide counts of bicycle riders in the corridor prior to construction of the project and 3-6 months following completion of the project. I. Estimated Emission Reductions (optional): ROG (TPY) X .NOx(TPY) X TOTAL(TPY) X Contra Costa County Transportation Authority Page 26 PROJECT FACT SHEET, No. 22 R-iscd May 2, 19% FY 1996-1997 TOO Direct Costs to the TFCA Fund: $155,000 Address: 4th Flr, N.Wing, 651 Pine Total Project Cost: $190,000 Martinez, CA 94553 Project Sponsor: County (Staff: Steven Goetz) Phone: (510) 335-1240, Fax: 335-1299 Implementation Schedule: 1996/97: Design/Right of Way 1997/98: Construction Project Name: Project No, 22,El Portal Drive Like Lanes, TCM 9-Improve bicycle access and facilities, and TCM 10-Youth Transportation. Project Description: The project would extend bike lanes on El Portal Drive from the Richmond city limits (east of 1-80), toward San Pablo to match existing curb and shoulders approaching Fordham St. About 853 meters (2,000 ft.) of the roadway will be widened to provide adequate pavement width to permit striping for Class II bike lanes. Shoulder stripes along the existing curb face will be repainted west to Church Lane, a distance of 272 meters (900 feet). The existing pedestrian path from Rollingwood Drive to El Portal Drive that extends east under the I-80 overpass will be paved, a distance of 122 meters (400 feet). Richmond has already funded striping for bike lanes on El Portal Drive in their city limits as part of a drainage project. The .County's project would complete a gap for bicycle access between Richmond and San Pablo. The County has requested that our Congestion Management Agency include this project in the Congestion Management Program's Capital Improvement Program. This project will encourage bicycle use along El Portal Drive. This corridor feeds the Contra Costa College, the EI Portal Shopping Center, Helms Junior High and El Portal Elementary School and downtown EI Sobrante. Current bicycle use along the corridor is evidenced by the bike tracks in the dirt path on the northerly side of the road. Providing bicycle lanes on the pavement will promote increased bicycle use and improve bicycle safety. The facility would also enhance the effectiveness of other trip reduction programs such as the Tri-Region voluntary trip reduction and bicycle locker programs and the County Non-Polluting Commute Project which all utilize TFCA funds. The construction will include excavation, placing aggregate and pavement, relocating a drain inlet, relocating two power poles, relocating a traffic signal pole, removing the existing roadway striping and restriping the road. Preliminary design is completed and right of way is secured. The County has received $35,000 from a TDA grant to contribute to this project. The TFCA fund would provide the balance of the revenues to complete the bike lanes. Direct Costs Total TFCA Preliminary Engineering 31,150 25,250 Construction 148,850 121,650 Evaluation 10,000 8,100 TOTAL 190,000 155,000 Evaluation Criteria: The number of vehicle trips reduced will be reported in the evaluation that follows completion of construction. The existing weekday ADT is 21,500. Based on accepted procedures, the project is estimated to accommodate 215 bike trips/weekday. During the 20-year life of the improvements, the facility could reduce 1,075,000 vehicle trips and 2,150,000 VMT. Cost effectiveness of TFCA funds spent is about $.14/trip and $.07NMT. �� . CU _ a x13 CD� Al �J�^O• •Wim. '�• G. ��ti � , W fft::•�ji�• •V" Y it- m i CYST � _ i a ♦ o '`�;;� .t C r 4. ��'•. aro:. e a t t rcK' L b d •t > aa � '� � d _ t 4 n • ��h :_oma s ter ,r rrr 1 t- j• J�. FYI 996/97 TFCA Funding Agreement Attachment A PROJECT WFORMQ` MH A. Project Number: 96-CC-27 B. Project Sponsor: Contra Costa County C. Project Title: Bikeway - Port Chicago Highway D. TFCA$Allocated: $ 170.000 E. Total Project Cost: $ 566.000 F. Project Description: Extension of Port Chicago Bikeway (Class 1 bike path). Bikeway currently runs 4 miles from downtown Concord to State Hwy. 4. Project will extend the Bikeway northward an additional 4500 feet to the main gate of the Concord Naval Weapons Center and town of Clyde. Sponsor will submit an application for TFCA Regional Funds for the balance of the funds ($400,000). See Project Fact Sheet in Exhibit 1 for further detail. G. Project Schedule: Start Date (mo/yr) 7/1/96 Completion Date (mo/yr) 6/30/98 Milestone Dates: 1996/97: Design/Right of Way 1997/98: Construction H. Monitoring Requirements: Provide a count of bicyclists in the project corridor(i.e. Port Chicago Hwy. between Hwy. 4 and Clyde)for the pre-project period and 3-6 months following completion of the Bikeway. Counts should be conducted on a weekday, between May and October. Counts should cover the AM peak period (7am-9am) and the PM peak period (4pm-6 pm). I. Estimated Emission Reductions (optional): ROG (TPY) X NOx(TPY) X TOTAL(TPY) X Contra Costa County Transportation Authority Page 28 PROJECT FACT SHEET, No. 24 F---cd May z 19% FY 1996-1997 Total Direct Costs to the TFCA ]Fund: $170,000 Address: 4th Flr., N.Wing. 651 Pine Total Project Cost: $566,500 Martinez CA 94553 Project Sponsor: County (Staff. Steven Goetz) Phone: (510) 335-1240, Fax: 335-1299 Implementation Schedule: 1996/97: Design/Right of Way 1997/98: Construction Project Name: Port Chicago Highwgy Bikewgy, TCM 9-Improve bicycle access anc facilities. Project Description: The existing Port Chicago Highway Bikeway is a 6.4 km (4 mi-) Class I facility extending from Downtown Concord to State Route 4 along the east side of?ort Chicago Highway. The project extends this bikeway from the present terminus at Stere Route 4, north to the main gate of the Concord Naval Weapons Station (CNWS), the Bates Avenue business park area, and Clyde. The bikeway involves construction of 1,375 linear maers (4,510 ft.) of a Class I path and border landscaping along the east side of Port Chicano Highway. The majority of the facility is located within an abandoned railway corridor. The proposed terminus would be at Clyde Community Park. The project will involve coordination with the City of Concord, the U.S. Navy, and the East Bay Regional Parks District TFCA funds would be combined with other funds to complete the project. The County has requested that our Congestion Management Agency include this project in the Conge_rion Management Program's Capital Improvement Program. The bikeway is featured in the Contra Costa Countywide Bicycle Action Plan prepar:3 by the Contra Costa Countywide Bicycle Advisory Committee. It provides an important bil-;-way link from Clyde and adjacent employment centers to the North Concord BART Station and the future Delta DeAnza Trail. There are about 4,000 workers employed at the ma'= hate area of the CNWS and along Bates Avenue.. CCTA forecasts show another 1,500 jorj will be located in this area by 2010. The facility would enhance the effectiveness of the Tri-Region voluntary trip reduction programs. Major employers served by the bikeway (Bank of America, PG&E, Pac Rll, Cite of Concord, Mt. Diablo Medical Center) have indicated they will continue their emphlyee trip reduction programs. The CNWS has indicated it may continue its program. The facdity would also enhance the effectiveness of the TFCA County Non-Polluting Commute Project, Spare the Air alters, and the proposed Tri-Region bike locker program. Direct Costs Total TFCA $ Preliminary Engineering 61,130 18,340 Right of Way . 177,000 53,150 Construction 316,370 95,510 Evaluation 12,000 3,000 TOTAL 566,500 170,000 Evaluation Criteria: The number of vehicle trips reduced will be reported in the evaluation of the project, which will follow construction. The existing weekday ADT is 26,500_ Based on accepted procedures, the project is estimated to accommodate 265 bike trips/weekday- During the 20-year life of the improvements, the facility would reduce 1,325,000 vehicle trip; and 2,650,000 VMT. Cost effectiveness of TFCA funds spent is about $.13/trip and S.07 VMT. a . $ = t • � � 1 gni E (`. ��t d ti o a,y,• a ash6 r S o- tl�8.� d ♦� f.�r. � i.fi i �. q r ( r • d MASTER COOPERATIVE AGREEMENT NO. 43°00°39 BETWEEN CONTRA COSTA TRANSPORTATION AUTHORITY AND CONTRA COSTA COUNTY EX H ffBIT C Method of Reimbursement 1. SPONSOR shall be reimbursed on a cost reimbursement basis after submitting documented legitimate expenditures for the intended purpose of the approved PROJECT. 2. SPONSOR shall submit requests for reimbursement on at least a quarterly basis. Monthly requests are also permitted. 3. Within forty-five (45) days following the end of each quarter, SPONSOR shall submit: A. A completed Reimbursement Request Form (EXHIBIT C-Il); B. A Project Expenditure Summary showing project-to-date budgeted versus actual expenditures by budget line item and source of funds. See Exhibit C-2 for required format. C. An itemized list of all costs (direct and indirect), including but not limited to salaries and benefits, equipment and supplies, professional development, travel, rents and leases, surveys, marketing, and training/workshops given. The listing shall denote which costs are direct project costs (TFCA or Measure C funded) and which costs are indirect administrative (Measure C funded) costs. Invoices shall be provided for all individual expenditures in excess of $250.00. D. Copies of time sheets prepared at least monthly which correspond to a pay period. The time sheets shall designate hours as either: 1) TFCA or Measure C (where applicable) direct PROJECT implementation hours; 2) Measure C indirect administrative hours, or; 3) Unbillable (non-TFCA or non-Measure C funded) hours. If hours are for direct PROJECT implementation, the hours shall be identified to a specific PROJECT in the work plan. The time sheets shall be signed by the employee and the employee's supervisor having first hand knowledge of the work performed by the employee. Master Cooperative Agreement No. 43.00.39 Between Contra Costa Transportation Authority & Contra Costa County C - 1 E. A summary of hours and hourly rate charged per project and per employee. The summary shall also indicate the composition of the hourly rate charged for each employee (salary versus benefits). F. Copies of payroll registers supporting the hourly rate charged for salaries for each employee. 4. The S]EDONSOIEP shall certify on the Reimbursement Request Form that funding is being requested for expenses incurred which have not been included in a previous request. 5. The AUTHORITY RITZY shall process payment to the SPONSOR within fifteen (15) working days after receipt by the AUTHORITY of all the information required per items 2. -4. above. The AUTHORITY RITY reserves the right to adjust payment to the SPONSOR should expenditures include ineligible costs. 6. Funds remaining after completion of PROJECT are to be refunded to the AUTHORITY within sixty (60) days after the final payment by SPONSOR for the PROJECT. Master Cooperative Agreement No. 43.00.39 Between Contra Costa Transportation Authority & Contra Costa County C - 2 MASTER COOPERATIVE AGREEMENT NO. 43000039 BETWEEN CONTRA COSTA TRANSPORTATION AUTHORITY AND CONTRA COSTA COUNTY EXHIBIT C-1 Reimbursement Request Form Program Name: Date of Request: Resolution No.: Auth Index No.: Fiscal Year Allocation: Cooperative Agreement No.: Org No./Source of Funds (check one) : 9588 Measure C 9593 TFCA Expenditures reported are for the quarter ended (check one): Sept 30th Dec 31st Mar 31st June 30th Year Reimbursement requested for expenditures 2aid during uarter $ Certification Sponsor certifies that funding is being requested for expenses which have not been included in a previous reimbursement request. Sponsor certifies that costs reported are appropriately designated as either direct TFCA, direct Measure C, or indirect Measure C administrative costs. 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O c0 CD CD CO 03 C�d 6 ce) s Cd to tP DO 13 16 s NO 0 . 0 EXHIBIT D FUNDING AGREEMENT BETWEEN THE BAY AREA AIR QUALITY MANAGEMENT DISTRICT AND CONTRA COSTA TRANSPORTATION AUTHORITY 96-CC This Agreement is made and entered into between the Contra Costa Transportation Authority and the Bay Area Air Quality Management District, hereinafter referred to as "Air District." SECTION I RECITALS: 1) The Air District is authorized under Health and Safety Code Section 44223 to levy a fee on motor vehicles. Funds generated by the fee are to be used to implement projects to reduce air pollution from motor vehicles. These funds are referred to as the Transportation Fund for Clean Air(TFCA). 2) Health and Safety Code Section 44241 limits expenditure of collected revenues to specified transportation control measures included in the plan adopted pursuant to Health and Safety Code Sections 40233 and 40717 and limits the allocation of the funds to public agencies within the Air District's jurisdiction. 3) Health and Safety Code Section 44241(c) stipulates that forty(40) percent of funds generated within a county where the surcharge is in effect shall be allocated by the Air District to one or more public agencies designated to receive the funds. 4) The Air District has been notified, in a communication dated September 16, 1992,that the Contra Costa Transportation Authority,hereinafter referred to as "Program Manager," is the duly authorized recipient of forty (40)percent of the funds collected in Contra Costa County, and has been so designated by resolutions adopted by the Contra Costa County Board of Supervisors and by the City Councils of a majority of the cities representing a majority of the population in the incorporated area of the county. The resolutions specify the terms and conditions for the expenditure of funds by the Program Manager. 5) The Air District and Program Manager,pursuant to Health and Safety Code Section 44241, hereby enter into this Funding Agreement to implement specified projects to improve air quality in the San Francisco Bay Area Air Basin. This Agreement covers those projects specified in Attachment A. SECTION II PROGRAM MANAGER AGREES: 1) To apply all funds received under this Agreement to the projects listed in Attachment A consistent with the mutually agreed to terms and conditions contained in this Agreement. 2) To maintain a separate account or sub-ledger for all funds received under this Agreement. Master Cooperative Agreement No.43.00.39 Between Contra Costa Transportation Authority Pagel of 5 and Contra Costa County 3) To maintain,or cause to be maintained, adequate records to document and demonstrate to Air District staff and auditors the receipt, interest accrual, and expenditures of Air District funds. 4) To apply all interest accrued from funds received under this Agreement toward projects approved by the Air District Board of Directors. The distribution of any such funds shall be at the discretion of the Program Manager after consultation with the Air District. 5) To apply any funds and/or associated interest unencumbered at the time of completion or termination of an approved project or projects towards other projects approved by the Air District Board of Directors. The distribution of any such funds shall be at the discretion of the Program Manager after consultation with the Air District. 6) To return to the Air District any funds and/or associated interest unexpended within two years of the date of receipt of the funds unless a project schedule which extends beyond the two years has been approved by the Air District. 7) To limit administrative costs in the handling of these funds to no more than five (5)percent of the funds received. 8) To allow the Air District to audit all expenditures relating to the projects funded through this Agreement. For the duration of the projects as described in Attachment A and for three(3) years following completion of the projects, Program Manager will make available to the Air District or to an independent auditor selected by the Air District all records relating to project performance and expenses incurred in implementing the projects. 9) To maintain employee time sheets documenting those hourly labor costs incurred, which are paid with funds received under this Funding Agreement,to fulfill the Contra Costa Transportation Authority obligations under this Agreement; or to use an alternative method, approved in advance by the Air District,to document staff costs charged to this grant. 10) To require that any recipients of funds allocated through this Funding Agreement shall, for the duration of projects as described in Attachment A and for three (3) years following - completion of the projects, in a timely fashion make available to the Air District or to an independent auditor selected by the Air District all records relating to project performance and expenses incurred in implementing the project or projects for which funding was received. 11) To require that any recipients of funds allocated through this Funding Agreement maintain employee time sheets documenting those hourly labor costs incurred in the implementation of the projects described in Attachment A,which are paid with funds received under this Funding Agreement; or to use an alternative method, approved in advance by the Air District, to document staff costs charged to the funded project. 12) To distribute TFCA funds allocated to any recipient of funds only on a cost reimbursement basis, on the basis of documented legitimate expenditures for the intended purpose of the approved project. 13) To keep necessary records of the performance of the project or projects as specified in Attachment A in order to expedite evaluation of emissions reductions achieved from implementation of the project or projects. 14) To submit an annual report to the Air District within(2) months of the end of the fiscal year which itemizes (a) the expenditure of the funds, (b)progress to date in the implementation of each funded project or projects and (c) the results of the monitoring of the performance of the Master Cooperative Agreement No.43.00.39 Between Contra Costa Transportation Authority Page 2 of 5 and Contra Costa County project or projects as specified in Attachment A. Annual reports are to be submitted until all projects listed in Attachment A are completed. 15) To use the Air District's approved logo for the Transportation Fund for Clean Air for any projects implemented directly by the Contra Costa Transportation Authority under this Agreement, as specified below: a) the logo will be used on signs posted at the site of any construction; b) the logo will be displayed on any vehicles operated with or obtained as part of a project; c) the logo will be used on any printed material intended for public consumption associated with any project, including project related transit schedules,brochures, handbooks, maps created for public distribution, and promotional material. 16) To require all recipients of funds for projects funded under this Agreement to use the Air District's approved logo for the Transportation Fund for Clean Air as specified in Section II, Paragraph 15 above. 17) To credit the Air District as a funding source in any related articles, news releases or other publicity materials for the projects funded under this Agreement which are implemented directly by the Contra Costa Transportation Authority, and to require recipients of funds for projects funded under this Agreement to do the same. 18) To assure that all funds received under this Agreement are expended only in accordance with all applicable provisions of law for projects which are implemented directly by the Contra Costa Transportation Authority, and to require recipients.of funds for projects funded under this Agreement to expend the funds only in accordance with all applicable provisions of law. 19) To the extent not otherwise prohibited by law, and to the extent required by the California Public Records Act,to place in the public domain any software, written document, or other product developed with funds received through this Agreement, and to require recipients of funds for projects funded under this Agreement to do the same. 20) To require that any recipient of TFCA funds to purchase any vehicle(s) either obtain approval for alternate use of the vehicle(s) or return to the Program Manager any funds realized from the sale of any vehicle(s)purchased with TFCA funds if such reuse or sale occurs within the industry standards for the useful life from the date of purchase of the vehicle(s). The amount of the funds returned to the Program Manager shall be proportional to the percentage of TFCA funds originally used to purchase the vehicle(s). Any such funds returned to the Program Manager shall be reallocated to eligible projects approved by the Air District. SECTION III AIR DISTRICT AGREES: 1) To forward the funds for the projects described in Attachment A in two payments. The first payment will be forwarded within thirty(30)working days of the Air District receiving from the DMV all the revenues that comprise the payment. The first payment will represent forty (40) percent of the revenues generated from motor vehicles registering in Contra Costa County between January 1, 1996 and June 30, 1996, less Air District's management and audit costs. The second payment will represent forty (40) percent of the revenues generated from motor vehicles registering in Contra Costa County between July 1, 1996 and December 31, 1996, less Air District's management and audit costs. The second payment will be forwarded Master Cooperative Agreement No.43.00.39 Page 3 of 5 Between Contra Costa Transportation Authority and Contra Costa County within thirty (30) working days of the Air District receiving from the DMV all the revenues that comprise the payment. Payments will only be made after this Agreement has been signed by both the Contra Costa Transportation Authority and the Air District. 2) To provide timely notice prior to conducting an audit. 3) To provide the Program Manager, and any other requesting party, a copy of the fiscal and performance audits as specified in Section 44242 of the Health and Safety Code. SECTION IV IT IS MUTUALLY AGREED: 1) Term: This Agreement will remain in effect for three (3)years after the completion of all the projects listed in Attachment A,unless it is terminated as provided below. 2) Termination: Either party may terminate this Agreement at any time by giving written notice of termination to the other party which shall specify the effective date thereof. Notice of termination under this paragraph shall be given at least ninety (90) days before the effective date of such termination. This Agreement will also terminate at the end of the fiscal year during which the Contra Costa Transportation Authority loses designation as Program Manager for Contra Costa County. 3) Indemnity: Program Manager shall indemnify and save harmless the Air District from all claims, suits or actions resulting from the performance by Program Manager of its duties under this Agreement. Air District shall indemnify and save harmless Program Manager from all claims, suits or actions resulting from the performance by Air District of its duties under the Agreement. 4) Notices: Any notice which may be required under this Agreement shall be in writing, shall be effective when received, and shall be given by personal service,by U.S. Postal Service mail, or by certified mail (return receipt requested),to the addresses set forth below, or to such addresses which may be specified in writing to the parties hereto. Robert McCleary, Executive Director Contra Costa Transportation Authority 1340 Treat Blvd., Ste. 150 Walnut Creek, CA 94596 Ellen Garvey Air Pollution Control Officer Bay Area Air Quality Management District 939 Ellis Street San Francisco, CA 94109 5) Contacts: Liaison with the Air District with regard to the day to day activities of the Program shall be with David Burch. Liaison with the Program Manager with regard to the day to day activities of the Program shall be with Arielle Bourgart. Notification of change of status of contact persons shall be made in writing within one (1)month's time. 6) Additional Acts and Documents: Each party agrees to do all such things and take all such actions, and to make, execute and deliver such other documents and instruments, as shall be reasonably requested to carry out the provisions, intent and purpose of this Agreement. Master Cooperative Agreement No.43.00.39 Between Contra Costa Transportation Authority Page 4 of 5 and Contra Costa County 7) Integration: This Agreement represents the entire Agreement of the parties with respect to the subject matter hereof, and no representation,warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein, or in other contemporaneous written agreements. 8) Amendment: This Agreement may not be changed, modified or rescinded except in writing, signed by all parties hereto, and any attempt at oral modification of this Agreement shall be void and of no effect. 9) Independent Contractor: Program Manager renders its service under this Agreement as an independent contractor. None of the Program Manager's agents or employees shall be agents or employees of the Air District. This paragraph does not apply to elected officials serving concurrently on the governing boards of both the Contra Costa Transportation Authority and the Air District. 10) Assignment: This Agreement may not be assigned,transferred, hypothecated, or pledged by any party without the express written consent of the other party. 11) Severability: Should any part of this Agreement be declared unconstitutional, invalid, or beyond the authority of either party to enter into or carry out, such decision shall not affect the validity of the remainder of this Agreement which shall continue in full force and effect; provided that,the remainder of this Agreement can, absent the excised portion, reasonably be interpreted to give effect to the intentions of the parties. by: i94�x�e�ye by: f—(2 Date:Robert Director Ellen arvey,Ai =* gement Control ffi er Contra Costa Transportuthority Bay Area Air Qua District Approved as to legal form and content: by; by. _ Legal Counsel I Legal Counsel Contra Costa Transportation Authority Bay Area Air Quality Management District 96-CC Page 5 of 5