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HomeMy WebLinkAboutMINUTES - 01182000 - C11-C13 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: January 18, 2000 SUBJECT: Approve Amendment No. 1 to Master Cooperative Agreement No. 43.00.55 between the Contra Costa Transportation Authority and Contra Costa County for the Transportation Fund for Clean Air Grant funding in the amount of$193,282. Project No. 0676.6P1049 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION 1. Recommended Action: APPROVE Amendment No. 1 to Master Cooperative Agreement No. 43.00.55 between the Contra Costa Transportation Authority and Contra Costa County, and AUTHORIZE the Public Works Director to execute the amendment. Continued on Attachment: X SIGNATURE r_LWV6/;���� RECOMMENDATION OF COUNTY ADMIN TOR RECOMMENDATION OF BOARD COMMITTEE —APPROVE OTHER SIGNATURES): ACTION OF BOARD ON JANUARY 18, 2000 APPROVED AS RECOMMENDED X OTHER I hereby certify that this is a true and correct copy of an V E OF SUPERVISORS action taken and entered on the minutes of the Board UNANIMOUS (ABSENT NONE } of Supervisors on the date shown. AYES: NOES: ABSENT: ABSTAIN: AS:je ATTESTED: JANUARY 18, 2000 G:\Grp®ata\TransEng\2000\Bo-Te\BO TFCA.doc PHIL BATCHELOR, Clerk of the Board of Supervisors Orlg.Div: Public Works(TE) and County Administrator Contact: AI Schaal phone 313-2234 cc: PW Accounting Q By , Deputy 61 V �Y/, rr SUBJECT: Approve Amendment No. 1 to Master Cooperative Agreement No. 43.00.55 between the Contra Costa Transportation Authority and Contra Costa County DATE: January 18, 2000 PAGE 2 11. Financial Impact: Approval of this agreement will not affect the general fund. III. Reasons for Recommendations and_Background: The County submitted two applications for grants from the Transportation Fund for Clean Air Program Manager Program and was awarded $99,000 for the two applications. The Amendment to the Master Cooperative Agreement needs to be approved before grant funds can be expended. The grants authorized under this amendment will fund the 1-80 Bikeway Corridor project and the Blum Road Bikeways Facility Improvement construction projects. IV. Consequences of Negative Action: If the amendment is not approved the County will not be given the grant funds and will have to delay the projects. e, AMENDMENT NO. 1 TO MASTER COOPERATIVE AGREEMENT NO. 43.00.55 BETWEEN THE CONTRA COSTA TRANSPORTATION AUTHORITY AND CONTRA COSTA COUNTY This AMENDMENT NO. 1 TO MASTER COOPERATIVE AGREEMENT NO. 43.00.55 ("AMENDMENT NO. 1") is made and entered into as of this 1 st day of July, 1999 by and between CONTRA COSTA COUNTY hereinafter referred to as"SPONSOR,"and the CONTRA COSTA TRANSPORTATION AUTHORITY, hereinafter referred to as the "AUTHORITY," and amends MASTER COOPERATIVE AGREEMENT No. 43.00.55 ("AGREEMENT") dated July 1, 1998 between SPONSOR and AUTHORITY. Unless otherwise specified herein, capitalized terms shall have the meaning set forth in the AGREEMENT. RECITALS AUTHORITY and SPONSOR entered into the AGREEMENT in order to provide for the funding of one or more-PROJECT(s)to reduce air pollution from motor vehicles and/or to relieve traffic congestion. Some of the PROJECT(s)funded per the AGREEMENT have not been completed and there are continuing obligations between the parties with respect to those PROJECT(s). AUTHORITY, on April 21, 1999, approved resolutions 99-09-G and 99-05-G, specifying PROJECT(S)to be funded with TDM GRANT in FY 1999-2000. This AMENDMENT NO. 1 addresses the expenditure of those FY 1999-2000 PROJECT(s) identified in the above Resolutions. AGREEMENT NOW, THEREFORE,in consideration of the foregoing,the AUTHORITY and SPONSOR do hereby agree as follows: 1. RECITALS, paragraph 4 is amended by the addition of a new paragraph to follow the current text to read as follows: In accordance with Funding Agreement#99-CC ("FUNDING AGREEMENT- 99")between DISTRICT and the AUTHORITY,the AUTHORITY has agreed to act as Program.Manager for TFCA funds to be expended on projects within Contra Costa County. A copy of FUNDING AGREEMENT-99 is attached to this AMENDMENT NO. 1 as EXHIBIT A-99 and incorporated by this 1 reference. Unless otherwise indicated herein, the term TDM GRANT refers to any Measure C Carpool Funds and/or TFCA funds allocated to PROJECT(s) under this AMENDMENT NO. 1. 2. SECTION I, paragraph 1 is amended by the addition of a new paragraph to follow the current text to read as follows: To apply TDM GRANT received pursuant to this AMENDMENT NO. 1 to PROJECT(s) consistent with the terms and conditions specified in AUTHORITY's Funding Resolutions No. 99-09-G and 99-05-G, and with the information contained in the TFCAIMSC Project Summary,the Application/Project Fact Sheets, and the Project Budget Summary, attached to this AMENDMENT NO. 1 as EXHIBIT B-99 and incorporated by this reference. 3. SECTION I, paragraph 4 is amended by the addition of anew paragraph to follow the current text to read as follows: With respect to the PROJECT(s) identified in Resolutions 99-09-G and 99-05-G, to submit to AUTHORITY six Project Status Reports on the following dates: • October 29, 1999 • January 28, 2000 • April 28, 2000 • October 31, 2000 • January 31, 2001 • April 27, 2001 Project Status Reports are to be prepared in accordance with AUTHORITY's format as presented in EXHIBIT D (Project Status Report) of the AGREEMENT or as revised by AUTHORITY and transmitted to SPONSOR. 4. SECTION I, paragraph 5 is amended by the addition of a new paragraph to follow the current text to read as follows: With respect to the PROJECT(s) identified in Resolutions 99-09-G and 99-05-G, to submit to AUTHORITY an annual report for each project on the following dates: • August 31,2000 • August 31, 2001 The annual reports are to be prepared in accordance with DISTRICT's format as specified in Section II,paragraph 14 of FUNDING AGREEMENT-99. 2 5. SECTION III, paragraph 1 is amended by the addition of a new paragraph to follow the current text to read as follows: With respect to the PROJECT(s) identified in Resolutions 99-09-G and 99-05-G, qualified expenditures for PROJECT(s) approved under this AMENDMENT NO. 1 shall be eligible for reimbursement from TDM GRANT when incurred after June 30, 1999, provided they are consistent with the terms and conditions of this AMENDMENT NO. 1, and provided that all requests for reimbursement are submitted to AUTHORITY staff no later than the date one year and ten months from the date AUTHORITY receives the first payment of TFCA funds from DISTRICT for the 1999-2000 funding cycle. Upon receipt of the first payment of funds for the 1999-2000 funding cycle,the AUTHORITY will notify SPONSOR of the specific Termination Date via certified mail in a format consistent with EXHIBIT F (Notice of Termination Date) of the AGREEMENT. Upon transmittal by the AUTHORITY to SPONSOR of such notification, Termination Date will be incorporated into and made a part of this AMENDMENT NO. 1. If no such notice is transmitted, Termination Date shall be twenty-two (22)months from the date this AMENDMENT NO. 1 is executed. Termination Date may be modified only if mutually agreed to in writing by both SPONSOR and AUTHORITY, and with the written permission of DISTRICT. Any appropriated but unexpended funds related to this AMENDMENT NO. 1 as of Termination Date shall revert to AUTHORITY and be made available for other eligible PROJECT(s), or shall be refunded to DISTRICT by AUTHORITY in accordance with FUNDING AGREEMENT-99. To the extent that there are insufficient Measure C Carpool Funds and/or TFCA Funds available to reimburse SPONSOR for the full amount appropriated herein, the amount appropriated to SPONSOR from the reduced funding source(s) shall be reduced on a pro rata basis. This AMENDMENT NO. 1 will remain in effect until discharged or otherwise terminated as provided above or in Paragraph 2 of the AGREEMENT and amends the Termination Date as set forth above with respect to the 1999-2000 TDM GRANT. b. SECTION III, paragraph 3 is amended by the addition of a new paragraph to follow the current text to read as follows: With respect to the PROJECT(s) identified in Resolutions 99-09-G and 99-05-G, in no event shall the portion of TDM GRANT funded with Measure C Carpool Funds, when aggregated with amounts of previously allocated Measure C Carpool Funds, exceed the Expenditure Plan program category amount set forth in Recital 3, nor shall the timing of payments to SPONSOR.pursuant to this 3 AMENDMENT NO. 1, together with the timing of payments of Measure C Carpool Funds pursuant to all previously approved allocations, exceed the amount allocated for such period pursuant to AUTHORITY's current Strategic Plan. Funds approved under the TFCA 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. 7. SECTION III, paragraph 5 is amended by the addition of a new paragraph to follow the current text to read as follows. Any notice which may be required under this AMENDMENT NO. 1 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 by the parties hereto. Al Schaal Public Works Department Contra Costa County 255 Glacier Drive Martinez, CA 94553 Arielle E. L. Bourgart Assistant Director Contra Costa Transportation Authority 1340 Treat Blvd., Ste. 150 Walnut Creek, CA 94596 By executing this AMENDMENT NO. 1, each of the parties acknowledges and agrees that the persons identified above, or any other person designated by either party to AMENDMENT NO. 1 by notice to the other party, is authorized to execute documents and to bind the party with respect to this AMENDMENT NO. 1 in accordance with the procedures set forth in Section ITT,paragraph 8 of AGREEMENT. 8. SECTION III,paragraph 14 is amended by the addition of a new paragraph to follow the current text to read as follows: With respect to the PROJECT(s) identified in Resolutions 99-09-G and 99-05-G, the total cost of this AMENDMENT NO. 1 is $99,000 from Resolution No. 99- 09-G(TFCA), and $G from Resolution No. 99-05-G(Measure C Carpool Funds), and will not exceed that amount unless amended in writing by all parties. 9. In all other respects the AGREEMENT" is hereby ratified and affirmed. 4 s , / _ere THIS AMENDMENT NO.1 is made as of the date set forth above. CONTRA COSTA TRANSPORTATION AUTHORITY CONTRA COSTA COU by: Robe c eery J. Mic eel ord Executive ire Publi arks Director ATTEST: ATTEST: by: by: APPROVED as to legal form and content: APPROVED as to legal form aad-owMsat Nossaman, Guthner,Knox& Elliott,LLP By: �"�`- by: 9tanlej S. Taylo I �Ip (,,,,t,Counsel CACC'IA Fi1eal1.TFCA11999-00\Muter Coop Amandment.99-40.County.Doc 5 r EXHIBIT A-99 r��cf FUNDING AGREEMENT BETWEEN THE BAY AREA AIR QUALITY MANAGEMENT DISTRICT AND CONTRA COSTA TRANSPORTATION AUTHORITY 99-CC This Funding Agreement(Agreement) is made and entered into between the Contra Costa Transportation Authority, hereinafter referred to as "Program Manager," and the Bay Area Air Quality Management District,hereinafter referred to as "Air District" on the date shown on page 5. Attachment A, which specifies the projects covered by this Agreement, is hereby incorporated into this Agreement by this reference. SECTION I RECITALS: 1) The Air District is authorized under Health and Safety Code Sections 44223 and 44225 to levy a fee on motor vehicles. Funds generated by the fee are referred to as the Transportation Fund for Clean Air (TFCA) and are used to implement projects to reduce air pollution from motor vehicles. 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 fee 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 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 Aix 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, at all times during the term of this Agreement, a separate account or sub-ledger for all funds received under this Agreement and to withdraw funds from this separate account only for the reimbursement of costs to implement approved projects. Failure to comply with this paragraph shall constitute grounds for termination pursuant to Section IV.2 below. 3) To maintain, or cause to be maintained, adequate records to document and demonstrate to Aix District staff and auditors the receipt, interest accrual, and expenditures of Air District funds. 99-CC Pagel of 5 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 Program Manager. 7) To limit administrative costs in the handling of these funds to no more than five (5)percent of the funds received and interest earned on those funds. S) 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 by employees of the Program Manager, which are paid with funds received under this Agreement to fulfill the Program Manager's obligations under this Agreement, or to establish an alternative method to document Program Manager 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 establish an alternative method 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 a report to the Air District within(4) months of the end of each 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 project or projects as specified in Attachment A. Annual reports are to be prepared and submitted in accordance with the Air District's format and will be submitted until all projects listed in Attachment A are completed. 99-CC Page 2 of 5 15) To use the Air District's approved logo for the TFCA for any projects implemented directly i- -cel by the Program Manager 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 TFCA as specified in Section IL 15 above. 17) To acknowledge 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 Program Manager, 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 Program Manager, 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 for the purchase of any vehicle(s)must either obtain approval from the Program Manager for alternate use of the vehicle(s) or return to the Program Manager any funds realized from the sale of any vehicles(s) purchased with TFCA fiends 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 funds returned to the Program Manager shall be proportional to the percentage of TFCA funds originally used to purchase the vehicles(s). Any such funds returned to the Program Manager shall be reallocated to eligible projects approved by the Air District. SECnoN 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 California Department of Motor Vehicles 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, 1999 and June 30, 1999, 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, 1999 and December 31, 1999, less Air District's management and audit costs. The second payment will be forwarded 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 Program Manager 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.` 99-CC Page 3 of 5 4) To provide the Program Manager with a standard format and content summary for the report described in Section 11.14 above. 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. Z) 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 this 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 projects and programs included on Attachment A shall be with David Burch. Liaison with the Program Manager with regard to the day to day activities of the projects and programs included on Attachment A shall be with Arielle Bourgart. Notification of change of status of contact persons shall be made in writing within thirty (30) days. 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. 7) Integration: This Agreement represents the entire agreement of the parties with respect to the subject matter described in this Agreement, 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. 99-CC Page 4 of 5 F�d 6 41 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. The Air District contact person and the Program Manager contact person identified pursuant to paragraph IV.5 above may jointly authorize, in writing, any schedule revisions, or changes to the Project scope of work that do not diminish the emission reductions associated with the Project. Any other amendments to this Agreement must be executed in writing by the signators to this Agreement. Any change in Project scope must be approved by the Air District prior to implementation of the change by the Project Sponsor. 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 Program Manager 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. 12) Force Majeure Neither the Air District nor Program Manager shall be liable or deemed to be in default for any delay or failure in performance under this Funding Agreement or interruption of services, directly or indirectly, from acts of God, civil or military authority, acts of public enemy,war, strikes, labor disputes, shortages of suitable parts,materials, labor or transportation, or any similar cause beyond the reasonable control of the Air District or Program Manager. 13) Governing Law: This Funding Agreement shall be construed and interpreted and the legal relations created thereby shall be determined in accordance with the laws of the State of California. IN WITNESS WHEREOF,Program Manager and Air District have entered into this Funding Agreement as of the date listed below. FOR PROGRAM MANAGER: FOR AIR DISTRICT: by: lV by: Date: � " 26 Robert Nfc eery, : tive Direct r Ellen Garvey, Air oll 'on trol Officer Contra Costa Transpo Autho ty Bay Area Air Quality M ent District Approved as to legal form: Approved as to legal form: 10/ /10 by: `�'""� by: Legal Couns Legal Counsel Contra Costa Transportation Authority Bay Area Air Quality Manag ent District 99-CC Page 5 of 5 F /rbc t''4 .Attachment A Contra Costa County CMA FY1999/2000 SUMMARY INFORMATION Program Manager Name: Contra Costa Transportation Authority Contact Person: Arielle E. L. Bourgart Phone No.: (925)256-4728 Address: 1340 Treat Blvd., Suite 150 Walnut Creek CA 94596 PART A: NEW TFCA FUNDS 1. Estimated FY99/00 DMV revenues as reported by BAAQMD. Line 1a: $ 1,163,028" Adjustment between FY98/99 estimate and actual revenue. Line 1 b: $ (2791 Estimated FY98/99 DMV revenues: Line 1c: $ 1,163,307 Actual FY98/99 DMV revenues: Line 1d: $ 1.163.028 (Line 1 d minus Line 1 c equals Line 1 b) 2. Interest income. Show interest earned on TFCA funds in calendar year 1998. Line 2: $ 100.000® 3. Total new TFCA funds. Add Lines 1a, 1b, and 2. Line 3: $ 1,262,749 FART B: UNALLOCATED TFCA FUNDS 4. Total unallocated funds from previously funded projects and funds that have Line 4: $ 68,625c not been allocated to projects that are available for programming to new projects. Enter zero (0) if there are no unallocated funds. include TFCA funds available due to project cancellation or projects completed under-budget, and funds not previously allocated. Complete and attach Summary Information Addendum. PART C: TOTAL AVAILABLE TFCA FUNDS 5. Add Line 3 and Line 4. Line 5: $ 1.331,374 DART D: FY1999-2000 TFCA ALLOCATIONS 6. Total TFCA funds budgeted for administration. Line 6: $ 63,137 (Note: Line 6 cannot exceed 5%of Line 3.) 7. Total TFCA funds allocated to new projects. Show the total of all TFCA funds Line 7: $ 1,268.237 allocated to new projects as shown on the attached project information sheets. 8. Total allocations. Add Line 6 plus Line 7. Line 8: $ 1,331,374 (Note: Line 8 should not exceed the amount on Line 5.) PART E: UNALLOCATED FUNDS 9. Total unallocated funds. Subtract Line 8 from Line 5. Enter zero (0) if all Line 9: $ 0 available funds are allocated to new projects. Comments: " Line 1 a: Estimated to be same as FY 98/99 receipts, Line 1 d. g Line 2: Interest income for FY 1999-00, not calendar year 1998, has been estimated at $ 100,000. ° Line 4: This amount represents$2,138 in FY 1996-97 funds and$66,487 in FY 1997-98 funds. SAAQMD TFCA Funding Application for Program Managers Page 1 Attachment A Contra Costa County CMA FY199912000 SUMMARY INFORMATION ADDENDUM Unallocated TFCA Funds Available for Reprogramming Fiscal BAAQMD Project Sponsor Project Name TFCA Funds TFCA Funds TFCA Code1 Year Project# Allocated Expended Funds Available 96-97 95CC32 SWAT-San Ramon Countywide $124,096 $121,959 $2,138 CP Vanpool Incentive 97-98 97CC05 TRANSPAC School Carpool 32,547 31,166 1,381 CP Program Countywide 97-98 97CC07 TRANSPAC Transit incentive 33,750 5,259 28,491 CP CCCTA 97-98 97CC09 TRANSPAC Transit Incentives- 69,000 36,731 32,269 CP Tri Delta 97-98 97CC10 TRANSPAC Carpool incentives 1,000 962 38 CP -Coun de 97-98 97CC20 Central Contra Costa Bike Racks on 143,043 138,735 4,308 CP Transit Authority Buses Total $ 68.625 1: Enter CP for completed project. Enter CN for canceled project. Enter OF for unallocated funds. BAAQMD TFCA Funding Application for Program Managers Page 2 k9` Attachment A Contra Costa County CMA FY1999/2000 l 1dh Date PROJECT MONITORING FORM 3 Bicycle Projects TFCA Project# Project Sponsor: Project Title: Contact: Phone: E-mail: TFCA $ Expended: $ Total Project Cost: $ Project Start Date: Completion Date: Complete the section that applies to the type of bicycle project implemented. Use additional sheets as needed. 1. On Road Bicycle improvements: Provide the following information for each segment of project. User counts should be performed on a weekday during the May-September period(excluding Bike to Work Week). Post:project count should be performed 3-6 months after completion of the facility. Counts may be performed for the entire day, or during the a.m. and p.m.peak periods, i.e. 7-9 a.m. and 48 p.m. Pre-Project Count Post-Project Count raw-%-- piss . m "t t7T~o ale. o s"1�t Bi.e ' a of files ;all 0 e it . !?,. 2. Bicycle Lockers and Racks: Rack user counts should be performed anytime between 10 a.m. and 2 p.m. during a weekday in the May-September period(excluding Bike to Work Week). IWO5. rRacks Attach a map showing location(s) of lockers/racks. Describe methodology to determine user data. 3. Bicycle Racks on Buses: Count of rack users should be performed all day(7 a.m. to 7 p.m.) on a weekday in the May-September period(excluding Bike to Work Week). ,� � is �d& e 4. � a e Police Bicycle Projects: Based upon one year of operational experience with the bicycles. i. x,e � �3i s otat, tlSeP ai Bi e� o". 3 a �rchaS O t -#I i �' fir. e BAAQMD TFCA Funding Application for Program Managers Page 5 Attachment A Contra Costa County CMA FYI 999/2000 PROJECT INFORMATION A. Project Number: 99CC06 B. Project Sponsor: Contra Costa County Public Works Dept. C. Project Contact: Al Schaal D. Contact Phone* 19251 313-2234 E. Project Title: 1-80 Bikeway Corridor Demonstration Project F. TFCA$Allocated: $ 49.000 FY 99/00 G. Total Project Cost: $ 99.000 Other Funding: Amount Source $50.000 TFCA 40% Funds 98/99 H. Project Description: This project will create an 8 mile bikeway corridor parallel to Interstate 80 between Hercules and the EI Cerrito Del Norte BART station in western Contra Costa County. It links portions of Hercules, Pinole, unincorporated EI Sobrante, San Pablo, Richmond, and EI Cerrito. The route will be a combination of Class 11 (bike lane striping) and Class III (bike route signage only) bikeway. The project will provide destination signs that identify the various segments of roadway as being part of the 1-80 Bikeway and inform users of the communities and major activity centers served by this bikeway. 1. Project Schedule: Start Date (mo/yr) 06/99 Final Report Due Date (mo/yr) 06/01 J. Final Report Content: Project sponsor shall provide the monitoring data specified in Project Monitoring Form 3 (Part 1). 1BAAQMD TFCA Funding Application for Program Managers Page 12 Attachment A Contra Costa County CMA FY1999/2000 "�f rXf"-<X-1 PROJECT INFORMATION A. Project Number: 99CC07 B. Project Sponsor: Contra Costa County Public Works Dept, C. Project Contact: Al Schaal D. Contact Phone#: _(_925).313-2234 E. Project Title: Blum Road/Imhoff Drive/Arnold Industrial Way Bikeway Facility Improvement F. TFGA$Allocated: $ 50.000 G. Total Project Cost; $ 50,000 H. Project Description: This project will provide a bikeway in the Highway 4 corridor north of Buchanan Field. The project will consist of 1.4 miles of Class 2 bicycle lanes and 1.8 miles of Class 3 bicycle route. The bikeway will connect to the Iron Horse Regional Trail at the Walnut Creek Channel. East of the Walnut Creek channel the bikeway will be part of the Delta DeAnza Trail. When completed, the Delta DeAnza trail will be a 22-mile long east-west bikeway between the Iron Horse Trail in Concord, and the Marsh Creek Trail In Oakley. The main attractor of this bikeway is the North Concord-Martinez BART Station [3,000 daily trips(1 mile)]. The secondary attractors are the Bates Avenue commercial Park[3,500 workers(adjacent to the bikeway)], the Concord Naval Weapons Station [2,000 workers(1 mile)], the Sun Valley Shopping Mail[26,000 daily trips(1.7 miles)], and Diablo Valley College[2,600 students(1.7 miles)]. 1. Project Schedule: Start Date(mo/yr) 12/99 Final Report Due Date(mo/yr) 05/01 J. Final Report Content: Project sponsor shall provide the monitoring data specified in Project Monitoring Form 3 (Part 1). BAAQMD TFGA Funding Application for Program Managers Wage 13 M z � � C5 AO Ch V1 891 00 0 UN b U w r I M M kn eq v ON a i Gt C tip Ri Oq C 1- Recorded at the request of: Contra Costa County Public Works Department Engineering Services Division Return to: Public Works Department Engineering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on January 18, 2000 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER, CANCIAMILLA AND GERBER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.: 2000/16 SUBJECT: Authorizing Acceptance of Instrument. IT IS BY TIME BOARD ORDERED that the following instrument is hereby ACCEPTED FOR RECORDING ONLY: INSTRUMENT REFERENCE GRANTOR AREA Offer of Dedication- SUB 8132 Shapell Industries, Inc. Dougherty Road Purposes APN: 222-010-030 a Delaware Corporation Valley Offer of Dedication— Public Utilities Easement TR:df G:\GrpData\EngSvc\BO\2000\BO 1-18-00.doc I hereby certify that this is a true and correct copy of an Originator: Public Works 1 Contact: Rich 1,ierly(3133-2-2 348) action taken and entered on the minutes of the Board of cc: Recorder(via Clerk of the Board)then PW Records Supervisors on the date shown.. Current Planning,Community Development Debbie Sanderson,Community Development Shapeli Industries,100 N.Milpitas Blvd, Milpitas,CA 95035 ATTESTED: JANUARY 18, 2000 Attn: Chris Truebridge,Sam Worden PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By , Deputy RESOLUTION NO. 2000/16 r � Recorded at the Contra Costa Counquest of: IIIIIIIIINI�IIIII�Ifi ty tIIIIIIIIIIIIIIIIIIIII Public Works Department IIIA der Office Engineering Services Division CONTRA COSTA Co Reeor Return to: STEPHEN i,0100-0613831-00 WEIR, Clerk-Recorder Public Works Department .„ Engineering Services Division � � �e it-.24-32 Records Section F JAN 21, FR6 $0.00 14br-0000789442 Area: Dougherty Valley Ttl Pd $0.00 lr0/1t9/i-0 Road: Rosincress Court Development No.:SUB 8132 APN:222-010-030 OFFER OFDEDICATION-ROAD PURPOSES Shapell Industries,Inc., a Delaware Corporation,being the present title owner of record of the herein described parcel of land, do hereby make an irrevocable offer of dedication to CONTRA COSTA COUNTY,a political subdivision of the State of California, and its successors or assigns, for street, highway landscaping and other related purposes including maintenance thereof, the real property situated in the County of Contra Costa, State of California, described in Exhibit "Al" (written description) and shown on Exhibit"Bl"(plat map) attached hereto. It is understood and agreed that CONTRA COSTA COLTNTY and its successors or assigns shall incur no liability with respect to such offer of dedication, and shall not assume any responsibility for the offered parcel of land or any improvements thereon or therein,until such offer has been accepted by appropriate action of the Board of Supervisors,or of the local governing bodies of its successors or assigns. The provisions hereof shall inure to the benefit of and be binding upon heirs, successors, assigns, and personal representatives of the respective parties hereto. The undersigned executed this instrument on Octobw 27, 1599 (Date). Shapell Industries, Inc., a Delaware Corporation By: (Print N - d Tide}fJll��.C. Trueb r saWt• Sec By. r (Print Name and Ti e)rthur P1 (See attached notary) Asst. Yi esident TR:mw G:\GrpData\EnSSvc\Teri\1 994\October\SUB 8427 Offer of Dedications.doc L;,/j CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On Oct. 27, 1999before me, Linda A. Fluk,en, Notary Public Data Nance and TNN►of of er(e.g.,'Jana Doe.Notary Public"} y i personally appeared J• Christian Truebridge and Arthur P. Lombardi Names)of Signer(s) personally known to me–OR–❑proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)*are subscribed to the within instrument and acknowledged to me that he/they executed the same in-WeAvx/their authorized capacity(les),and that by LINDA A.FLUKEI tfO~their signature(s)on the instrument the person(s), *tt or the entity upon behalf of which the person(s) acted, Mann � Calknft CW0 executed the instrument. A4VCofnm&0wOcf23,=1 WITNESS my hand and official seal. c ignaturo of Notary ub o OPTIONA Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual Ll Corporate Officer ❑ Corporate Officer Title(s): Title(s): Partner—Cl Limited ❑ General ❑ Partner—❑ Limited ❑ General 13 Attomey-in-Fact ❑ Attomey-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here I Signer Is Representing: Signer Is Representing: m 1995 National Notary Association-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:call Toll-Free 1.800.876-6827 r�� Sub 8132 (408 M 10) Parcel C County of Contra Costa Offer of Dedication for Road Purposes (Portion of Parcel C) EXHIBIT"A-1" Real property situate in the unincorporated area of Contra Costa County, State of California, being a portion of Parcel A as said Parcel A is shown on the map entitled "Subdivision 8027, Fairway Bridge at Gale Ranch Phase II"filed in Book 399 of Maps at Page 19 in said County, described as follows: Beginning at the most southwesterly corner of Lot 26 as said Lot 26 is shown on said map, said point also being a curve to the right having a radial which bears S.88°32'34"E., a radius of 13.716 meters, a delta of 158°31'36"; thence southerly, southwesterly,westerly and northwesterly along said curve an arc length of 37.950 meters to a point of cusp on a non tangent curve to the left having a radial which bears S.52°52'46"W., a radius of 15.240 meters, a delta of 124'19'03"; thence southeasterly, easterly and northerly along said curve an arc length of 33.067 meters to the Point of Beginning. Containing: 69.8 Sq. Meters Charles F. Sellman L.S. 5186 v v License expires 6/30/2003 No.5186 EXPIRES 6-30-03 Date `t'•'q� OF CA \rr FILE: P:\JOBS-96\96I058\SURVEY\PARCELA.DES PRINT DATE:January 3,2000 LEGEND - - EXISTING P.U.E. EXISTING LOT LINE RIGHT-OF-WAY LINE P.O.B. POINT OF BEGINNING / {R} RADIAL 0 10 2C 27 IN METERS ) SCALE 1. 400 � a R 13. 716m coo 124'19,03" 1 R = 15.240m L JJ 067m Ah'eA kQ 69.g = G1 .� 158'31'36„ sq. rn. R = 13. 716m �- L = 37.950m 124'19'03„ L JJ.067m PARCEL A o SUBDIVISION 8037 ,�► tie ``` 399 M 19 a �► ,' '`� PAROL. C SUBDIVISION 8132 403 M IO h:\CfFWMCNM\y�fp56\Pt1A�#\EriIlYt7tV.1�-7tl.DNC EXHIBIT "Bw1" �►uggerl -- PLAT TO ACCOMPANY ensen -� LEGAL DESCRIPTION ��zar & Associates PHON: (925)DRIVE, 27=SUITE no£•'FAz (9257 za°9300 eases SCALE: DATE: JOB NO.: CONTRA COSTA COUNTY, CALIFORNIA l: 400 1-3-00 961058 IIII III III I III II INI I III III II II IIII IIII I IIII II II Contra Costa County CONTRA COSTA Cc Recorder Office C-13 Public Works STEPHEN L. WEIR Clerk-Recorder Engineering Services DDD . 200 _0 Return to: 01 Z 195-00 Contra Costa County lW, JAN 18, 2000 13:42:38 Public Works Dept FRE $0.00 Engineering Services Tt l Pd $0.00 Nbr-0000707014 Records Section 1rc/R9/1-4 255 Glacier Drive Martinez, CA 94553 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on January 18, 2000, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER, CANCIANIILLA AND GERBER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2000/17 Resolution of Termination of Offer of Dedication (S. & H. Code § 8330 et. Seq.) SUBJECT: Termination of a portion of the Offer of Dedication for Road Purposes and Public Utilities Easement SUB 8132, APN: 222-010-030, Dougherty Valley Area. The Board of Supervisors of Contra Costa County RESOLVES THAT: This Termination of an Offer of Dedication of a certain excess right of way not required for road purposes and public utilities easement, is made pursuant to Government Code Section 7050 and to Division 9, Part 3, Chapter 4 of the Streets and Highways Code, commencing with Section 8330, et. seq. A description of the offered area to be terminated is described in Exhibit "A3" and shown on Exhibit 1113311. This termination request is based on the fact that the street or highway has been superseded by relocation(S. &H. Code Section 8330). 1 hereby certify that this is a true and correct TR:df copy of an action taken and entered on the GAGRPDATA\ENGSVCS0\2000180 1-18-00MOC minutes of the Board of Supervisors on the (Form updated 7199) date shown. ©Ng.Dept.: Public Works(Eng.Serv) ATTESTED: JANUARY 18, 2000 Contact: (313-2363) PHIL BATCHELOR,Clerk of the Board of Cc: See last page Supervisors and County Administrator By Deputy RESOLUTION NO. 2QM/17 Considering all facts before it, this Board FINDS there is no reasonable probability that the County will accept the offered roadway and public service easement into the County road system, that no public money has been expended for maintenance of the offered area, and that it is in the best interests of the County and the public that the offered area be privately owned and maintained. This Board hereby FINDS that the proposed termination is minor in nature and is covered by the project EIR adopted December 20, 1994. This Board hereby TERMINATES the hereinabove described offer of dedication and ABANDONS the right of the County to accept said offer. The Board is not aware of any existing in place utilities in the subject area. The Engineering Services Division is ORDERED to record a certified copy of this Resolution in the office of the County Recorder. From and after the date this resolution is recorded, the offer of dedication is terminated and the County's right to accept offer is abandoned. cc: Public Works (Eng. Serv.) Records County Counsel Debbie Sanderson, Community Development Community Development, Current Planning Recorder(via Clerk of the Board)then PW Records Ruggeri-Jensan-Azar, 6601 Owens Drive, Suite 155, Pleasanton, CA 94588 Attn: Mike Taylor Shapell Industries 100 N. Milpitas Blvd, Milpitas, CA 95035 Attn: Sam Worden, Chris Truebridge RESOLUTION NO. 2000/17 1A,//,r, Sub 8132 (408M 10)Parcel C Subdivision 8027(399M19) County of Contra Costa Rosincress Court termination of a portion of the Offer of Dedication for Road Purposes and Public Utilities Easement EXHIBIT "A-3" Real property situate in the unincorporated area of Contra Costa County, State of California,being portions of Parcel C as said Parcel C are shown on the map entitled"Subdivision 8132"filed in Book 408 at Page 10 and a portion of Rosincress Court as said Rosincress Court is shown on the map entitled"Subdivision 8027,Fairway Bridge at Gale Ranch Phase II"filed in Book 399 of Maps at Page 19 in said County,described as follows: Parcel 1 Beginning at the most southeasterly corner of Lot 25 as said Lot 25 is shown on the map entitled "Subdivision 8027, Fairway Bridge at Gale Ranch Phase II"filed in Book 399 of Maps at Page 19 in said County;thence along the easterly prolongation of the southerly line of said Lot 25, N.72038'46"E.,2.369 meters to a non tangent curve to the left having a radial which bears N.79'19'51"W., a radius of 13.716 meters,a delta of 55°07 10';thence southerly and southeasterly,along said curve an arc length of 13.195 meters to a non tangent curve to the right having a radial which bears S.32°41'46"W., a radius of 16.764 meters, a delta of 46°33'04";thence northwesterly along said curve an arc length of 13.620 meters to the said southerly line;thence along said southerly line,N.72'3846"E., 1.535 meters to the Point of Beginning Containing: 23.6 Sq. Meters Parcel 2 Beginning at the most southwesterly corner of Lot 26 as said Lot 26 is shown on the map entitled "Subdivision 8027,Fairway Bridge at Gale Ranch Phase 11"filed in Book 399 of Maps at Page 19 in said County;thence along the southerly line of said Lot 26,N.62020151"E.,2.103 meters to a non tangent curve to the right having a radial which bears S.76038'02"E., a radius of 16.764 meters, a delta of 25°2245";thence southerly and southwesterly, along said curve an arc length of 7.426 meters to a non tangent curve to the left having a radial which bears N.64°06'30"E., a radius of 13.716 meters, a delta of 24126'04";thence northerly along said curve an arc length of 5.849 meters to the Point of Beginning. Containing: 5.4 Sq. Mete s t.AN O Sti Charles F. Sellman L.S. 5186 Licens exp' s 613012003 .5186 1Z EXPf S 6443 Date s vS%s �ssv �arurz.DES PRINT a 2000 Q DATE: IEGEND - - EXISTING P.U.E. EXISTING LOT LINE - y- EXISTING RIGHT-OF-W Y LINE -- PROPOSED RIGHT-OF WAY LINE / - - — PROPOSED P.U.E. P.O.B. POINT OF BEGINNING (T) TOTAL r}s 0 10 20 (R) RADIAL L � t ( IN METERS ) 2� ¢- SCALE 1: 400 ,.' 16 08 Ns�• J EA_ 54sq -_ J T1s 4 JJ AC 55.07'10" R = 13 716m IJ. 195m 9cr� , b SUBb11/1311d111 8132 bJV]s any to ,� !r R``� ; ' `` 408 M ) o 19 07 EXHIBIT "B-3" B-3M 1,tGLERRDI?4\61058\PHASE4\exhlbitg\LLA-3C.tlrp 1-3-00 112114 pm EST EXHIBIT PLAT TO ACCOMPANY `*.Jensen -- LEGAL DESCRIPTIONA zar & Associates 6601 OWENS CA 55 PHONE::: (925) 227- 910�0�•�FAX• (925) 227-9300 94588 SCALE: DATE: JOB N 0 CONTRA COSTA COUNTY, CALIFORNIA 1: 400 1-4-00 961058