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HomeMy WebLinkAboutMINUTES - 01281997 - C1 CI TSO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: January 28, 1997 SUBJECT: Approve the Local Match Agreement with Alameda County Transportation Authority for the 1-580/1-680 Direct Connector Project. SPECIFIC REQUESTS) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE and AUTHORIZE the Chair to execute the Local Match Agreement with the Alameda County Transportation Authority (ACTA) for the 1-580/1-680 Direct Connector Project. DIRECT the Director of Community Development to advance$135,900 to ACTA, as Contra Costa County's share, from the Measure C, Local Street Program funds. 11. Financial Impact: No impact to the General Fund. Initially the funds will come from the County's Measure C Return to Source Funds to be reimbursed by development projects in the southwest county area that are required to provide for regional traffic mitigation. III. Reasons for Recommendations and Background: In 1986, the voters of Alameda County approved Measure B which imposed a 1/2 cent sales tax in Alameda County to pay for transportation improvement projects. One of the projects in the adopted expenditure plan is to improve the 1-580/1-680 interchange at an estimated cost of$120 million. The expenditure plan specified that jurisdictions in the region should provide $10 million in local match for the project. ACTA has requested that Contra Costa County and the cities of San Ramon and Danville participate in the cost of the local match funds along with Alameda County and it's cities. Based on the number of trip ends in each jurisdiction in the Tri-Valley Area, the Contra Costa County's share has been determined to be $135,900. Continued on Attachment: X SIGNATURE: _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE —APPROVE _OTHER SIGNATURE(S): ACTION OF BOARD ON J/AN 2 8 log? APPROVED AS RECOMMENDED_OTHER_ VEL OF SUPERVISORS UNANIMOUS (ABSENT AYES: NOES: ABSENT: ABSTAIN: JB:eh 1 hereby certify that this Is a true and correct copy of an action taken end entered ,„ •ho minutes of the g:\transeng\bo28ACTA.t1 Board or supeT rs other wn X99)' ATTESTED. PHIL BATCHELOR,Wrork of the board Orig, Div: Public Works(TIE) MSuparvlfaasar►dcountyAdminlatrator Contact: J. Bueren,Tel. 313-2342 cc: V.Alexeeff,GMEDA Director S. Goetz,CDD 7 F. Lo,ACTA . . . c1 Approve the Local Match Agreement with Alameda County Transportation Authority for the 1-580/1-680 Direct Connector Project January 28, 1997 Page 2 III. Reasons for Recommendations and Background: (continued) On April 23, 1996, the Board of Supervisors approved the payment of $135,900 to ACTA as Contra Costa County's share of the local match on the basis that the project will benefit the residents of Contra Costa County. The Board authorized the funds to be advanced from the Measure C, Local Street Program to be reimbursed from new development in the southwest county area. The Local Match Agreement sets forth the terms of the payment to ACTH. IV. Consequences of Negative Action: If the Local Match Agreement is not approved and the County does not participate, a funding shortfall may impact project delivery. ACTA #A96-0021 LOCAL MATCH AGREEMENT THIS AGREEMENT, entered into on December 4, 1996 1996 is between the COUNTY OF Contra Costa referred to herein as "COUNTY" and ALAMEDA COUNTY TRANSPORTATION AUTHORITY, referred to herein as "AUTHORITY. " RECITALS A. The voters of Alameda County, pursuant to the provisions of the Bay Area County Traffic and Transportation Funding Act, Public Utilities Code Section 131000, et seq. , approved Measure B at the General Election held on November 4 , 1986 , thereby authorizing a sales tax increase to finance a major transportation improvement program within Alameda County and the AUTHORITY was thereby created to administer that Program. B. The Alameda County Transportation Expenditure Plan proposes funding for modification of the I-580/680 Interchange with Measure B funds . The total estimated cost of this work is $119 . 7 million, of which at least $10 million is required by Measure B to come from local sources . C. The Cities of Danville, Dublin, Livermore, Pleasanton and San Ramon, Alameda County and Bay Area Rapid Transit District (BART) have previously contributed a portion of the $10 million local share of this Project in order to advance design and construction of the west to north ramp from I-580 to I-680, secure Project right-of-way, construct the Hopyard Road overcrossing and widen I-580 between Hacienda and Santa Rita Road. D. The SPONSOR for the I-580/680 Interchange is the California Department of Transportation (Caltrans) . SPONSOR completed its environmental review for the Project in 1996 . E. AUTHORITY has entered into an agreement with an engineering design firm to perform design and right-of-way engineering services . It is anticipated that final design work will be completed in 1997 . F. COUNTY and AUTHORITY desire to specify herein the terms and conditions under which the PROJECT is to be financed and local match allocated to the participating jurisdictions . SECTION I COUNTY AGREES : (1) As its share of local matching funds, COUNTY shall pay to AUTHORITY a sum not to exceed $ 135 , 900 for the PROJECT for project right-of-way and construction costs for Project . Any increase in this amount will require prior COUNTY approval in January 7, 1997 2 writing. COUNTY agrees that it shall pay its share of local matching funds in the form of contributed property, cash or credit for project-related expenditures which are consistent with AUTHORITY' s Policy on Reimbursement or Credit attached to this Agreement as Exhibit B. Any cash contributed by COUNTY as a part of its local matching funds shall conform to AUTHORITY' s Policy Regarding Use of State and Federal Funds as Local Match attached to this Agreement as Exhibit C. (2) COUNTY shall disburse funds to AUTHORITY in a timely manner pursuant to the Payment Schedule attached to this Agreement as Exhibit A. (3) COUNTY agrees that it will cooperate with AUTHORITY in seeking additional sources of funding for the PROJECT. However, COUNTY shall not be obligated to secure additional funding and COUNTY' s financial obligations under this Agreement shall be limited to the amount set forth in paragraph (1) of this Section. SECTION II AUTHORITY AGREES : (1) AUTHORITY will enter into all contractual arrangements with SPONSOR and consultant to complete the Project work. January 7, 1997 3 AUTHORITY may arrange for performance of all work by SPONSOR or may elect to contract for professional and/or construction services . (2) AUTHORITY will provide COUNTY with quarterly reports on or before the fifteenth day of each calendar quarter (March 15, June 15, September 15 and December 15) . These reports ( "Progress Reports" ) shall describe the current status of the PROJECT and Related Projects, actions and costs expended or incurred during the previous three months, actions expected to be taken and costs projected to be expended during the next three months, any unexpected legal, environmental, engineering or construction difficulties with PROJECT, any projected changes and any additional relevant information. (3) AUTHORITY will bill COUNTY on a timely basis for its share of the local match at least 30 days in advance of the date that payment is due under Exhibit A, Payment Schedule . (4) AUTHORITY agrees to provide Measure B Funds for the Project up to the amount of, and AUTHORITY' s total maximum obligation under this Agreement is, $109, 700, 000 ( "Total Obligation" ) . The Total Obligation may be increased to cover costs in excess of the initial estimated Project Costs, provided that such increase in Total Obligation is approved by a vote of the AUTHORITY in its sole discretion. The certified results of January 7, 1997 4 C. / any such vote will be incorporated by reference into this Agreement without necessity of a written amendment . SECTION III IT IS MUTUALLY AGREED TO AS FOLLOWS : (1) All obligations of AUTHORITY under the terms of this Agreement are limited as provided in the Alameda County Transportation Expenditure Plan dated August, 1986 . In accordance with this Expenditure Plan, total cost to the AUTHORITY for the entire Project may not exceed $119 . 7 million, including local matching funds . All obligations of AUTHORITY under the terms of this Agreement are subject to the availability of funds in the annual budget of the AUTHORITY pursuant to Public Utilities Code Section 131265 and 131266 . (2) Neither COUNTY nor any officer, council, employee, or agent thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by AUTHORITY in connection with the Project . It is also agreed that, pursuant to Government Code Section 895 . 4 , AUTHORITY shall fully defend, indemnify, save and hold COUNTY and its officers, governing board, employees, and agents harmless from any liability imposed for injury (as defined in Government Code Section 810 . 8) occurring by reason of anything done or omitted to January 7, 1997 5 be done by AUTHORITY, SPONSOR, the Project contractor and consultant (s) , their officers, agents and employees in connection with the Project . (4) 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 other addresses as are specified by notice given in such manner: If to COUNTY: Public Works Director Contra Costa County 255 Glacier Drive Martinez , CA 94553 If to AUTHORITY: Executive Director Alameda County Transportation Authority 1401 Lakeside Drive, Suite 600 Oakland, CA 94612 (5) This Agreement may be amended only by written agreement executed by all of the parties hereto. No alteration or variation of the terms of this AGREEMENT shall be valid unless made in writing signed by both parties and no oral understanding or agreement not incorporated herein shall be binding on either of the parties hereto. January 7, 1997 6 (6) Except for the indemnification and defense provisions of Section III, paragraphs (2) and (3) above, this Agreement shall terminate upon completion and acceptance of PROJECT constructed by SPONSOR or on March 31, 2002 , whichever is earlier in time . January 7, 1997 7 COUNTY: AUTHORITY: COUNTY OF CONTRA COSTA ALAMEDA CO TY TRANSPORTA ON AUTHORIT By UUU�ecc- By Mark DeSaulnier, Board Chair Keit Ca _ Chair RECOMMENDED BY: Vincent J. Harr' s Executive Director APPROVED AS TO FORM: APPROVED AS TO FORM AND Victor J. Westman LEGALITY: County Counsel By: Deputy R. achary Wasserman General Counsel Attest : a-�� CI9 7 Attest : Phil Bat helor Clerk of the Board of Supervisors and County Administrator a Van Brasch Clerk of the AUTHORITY By: Deput Clerk January 7, 1997 8 EXHIBIT A I-580/680 DIRECT CONNECTOR PROJECT LOCAL MATCH CONTRIBUTION PAYMENT SCHEDULE FOR THE COUNTY OF CONTRA COSTA TOTAL COMMITMENT $135, 900 PREVIOUSLY PAID $0 OUTSTANDING CONTRIBUTION $135, 900 FUTURE PAYMENTS DATE AMOUNT 6/30/1997 $33 , 975 6/30/1998 $33 , 975 6/30/1999 $33 , 975 6/30/2000 $33 , 975 January 7, 1997 9 EXHIBIT B POLICY ON REIMBURSEMENT OR CREDIT 1) All Measure B capital projects shall be completed as quickly as practical given funding and resource considerations . Project sponsors are encouraged to advance projects as rapidly as possible with the understanding that no project will jeopardize the funding of any other project . Expenditure Plan .Project Sponsors, as defined in the Expenditure Plan, are recipient transportation agencies charged with maintenance of the completed work. 2) No expenditure of Measure B funds will be made to any capital project until all costs are detailed in Project Reports and the Authority has entered into a Project Agreement with the Project Sponsor. 3) Reimbursement does not allow the project to exceed the funding or the scope of the project as defined in the Expenditure Plan or as modified in the Annual Strategic Plan. 4) Project Sponsors who wish to expend their own funds in advance of a project agreement may do so. The Authority will reimburse funds expended or credit expenditures towards required local match if the expenditures meet the following requirements : a) Project expenditures were made after passage of Measure B. This requirement does not apply to incorporation of locally owned right of way where the estimated cost and the need to incorporate the right of way are made currently. b) Detailed records of expenditures are maintained and made available . C) All work can be demonstrated to be directly related to the project as defined in the Measure B Expenditure Plan and as agreed to in a signed local Agency/Authority agreement . d) The local agency' s Governing Board formally requests reimbursement or credit . Approved: April 22 , 1993 January 7, 1997 10 EXHIBIT C POLICY REGARDING USE OF STATE AND FEDERAL FUNDS AS LOCAL MATCH Measure B restricts the use of state and federal funds as part or all of a local jurisdictions ' Local Matching Funds for Measure B projects . It is the Authority' s policy that this restriction shall mean that local jurisdictions are prohibited from using as their Local Matching Fund contribution only those state or federal funds that are available to the Authority and appropriate for Measure B projects . This policy is consistent with the Authority' s purpose to avoid competition with local jurisdictions for funding of the same Measure B project and the policy to leverage Measure B funds to the maximum extent possible . If a local jurisdiction wants to apply for funds for a Measure B project from a funding source that is not listed in the List of State and Federal Funds (attached as Exhibit C-1) as available to local jurisdictions for local match, it shall submit a written request to the Authority Executive Director who shall determine whether such state or federal funds may be used as Local Matching Funds for that specific Measure B project . January 7, 1997 11 List of State and Federal Funds The following is a list of funds which are available to the Authority for Measure B projects : • ISTEA Surface Transportation Program (federal) • ISTEA Transportation Enhancement Activities (federal) • Federal Congestion Relief (federal) • State Highway Account (state) • Traffic Systems Management (state) • Congestion Management and Air Quality (state) • State and Local Transportation Partnership Program (state) • State Environmental Enhancement and Mitigation Program (state) • State Transportation Improvement Program (state) The following is a list of funds which are not available to the Authority and may be used by local jurisdictions as local matching funds for Measure B projects : • ISTEA "Guarantee" Funds (federal) • Airport Passenger Facility Charges (federal) • Federal Airport Improvement Project (federal) • Local Gas Tax subventions (state) • TDA 3 . 0 Local Sales Tax • Local Measure B subventions January 7, 1997 12 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: January 28, 1997 SUBJECT: Approve the Local Match Agreement with Alameda County Transportation Authority for the 1-580/1-680 Direct Connector Project. SPECIFIC REQUEST(S) OR RECOMMENDATIONM & IMCKOROUND AND JUSTIFICATION I. Recommended Action: APPROVE and AUTHORIZE the Chair to execute the Local Match Agreement with the Alameda County Transportation Authority (ACTA) for the 1-580/1-680 Direct Connector Project. DIRECT the Director of Community Development to advance$135,900 to ACTA, as Contra Costa County's share, from the Measure C, Local Street Program funds. 11. Financial Impact: No impact to the General Fund. Initially the funds will come from the County's Measure C Return to Source Funds to be reimbursed by development projects in the southwest county area that are required to provide for regional traffic mitigation. III. Reasons for Recommendations and Backaround: In 1986, the voters of Alameda County approved Measure B which imposed a 1/2 cent sales tax in Alameda County to pay for transportation improvement projects. One of the projects-in the adopted expenditure plan is to improve the 1-580/1-680 interchange at an estimated cost of$120 million. The expenditure plan specified that jurisdictions in the region should provide $10 million in local match for the project. ACTA has requested that Contra Costa County and the cities of San Ramon and Danville participate in the cost of the local match funds along with Alameda County and it's cities. Based on the number of trip ends in each jurisdiction in the Tri-Valley Area, the Contra Costa County's share has been determined to be $135,900. Continued on Attachment: X SIGNA'�TURE: ^� _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE —APPROVE —OTHER SIGNATURE(S): ACTION OF BOARD ON JAA Z 8 1997 APPROVED AS RECOMMENDED OTHER_ T OF SUPERVISORS UNANIMOUS(ABSENT AYES: NOES: ABSENT: ABSTAIN: JB:@h 1 hereby ow"that this Is a true and correct copy of an action inks, encs entsred :,i,.• minutes of the g:Vranseng1bo28ACTA.t1 Bard of n. AMSTEo- 1��o �&8 /997 PHIL BATCHELOR,dark of the board Orig. Div: Public Works(T/E) « ` ari0cow.ty `""Wt°0' Contact: J.Bueren,Tel.313-2342 b evil► cc: V.Alexeeff,GMEDA Director S.Goetz,CDD cr F. Lo,ACTA Approve the Local Match Agreement with Alameda County Transportation Authority for the 1-580/1-680 Direct Connector Project January 28, 1997 Page 2 111. Reasons for Recommendations and Background: (continued) On April 23, 1996, the Board of Supervisors approved the payment of $135,900 to ACTA as Contra Costa County's share of the local match on the basis that the project will benefit the residents of Contra Costa County. The Board authorized the funds to be advanced from the Measure C, Local Street Program to be reimbursed from new development in the southwest county area. The Local Match Agreement sets forth the terms of the payment to ACTA. IV. Conseguences of Negative Action: If the Local Match Agreement is not approved and the County does not participate, a funding shortfall may impact project delivery.