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MINUTES - 11142000 - C6-C10
TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: November 14, 2000 SUBJECT: STATE ROUTE 4 I RAILROAD TO LOVERIDGE. PITTSBURG AREA. Project No.: 4660-6X4287 Task: ACQ Account: 3540 I. recommended Action: A. APPROVE Right of Way Contract and ACCEPT Grant Deed dated October 26, 2000 from Eduardo Solis and Alma Solis B. AUTHORIZE Public Works Director to execute said Right of Way Contract on behalf of the County. C. APPROVE payment of$160,000.00 for said property rights and AUTHORIZE the Auditor- Controller to issue a check in said amount payable to: Placer Title Company, 1981 North Broadway, Suite 302, Walnut Creek, CA 94596, Escrow No. 6153854 to be forwarded to the Real Property Division for delivery. D. DIRECT the Real Property Division to have the above referenced Grant Deed recorded in the Office of the County Recorder. Continued on Attachment: X SIGNATURE: RECOMMENDATION OF COUNTY ADMI ISTRATOR RECOMMENDATION OF BOARD COMM APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON NOVEMBER 14, 2000 APPROVED AS RECOMMENDED_OTHER_ VOTE OF SUPERVISORS X UNANIMOUS (ABSENT NONE ) AYES: NOES: I hereby certify that this is a true and correct ABSENT: ABSTAIN: copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. LO: NOVEMBER 14 2000 BOSB RBS/13012 solis ATTESTED. PHIL BATCHELOR, Clerk of the Board of Orig. Div: Public Works (RIP) Supervisors and County Administra r Contact: L. Lucy Owens (313-2226) cc: County Administrator By Deputy Auditor-Controller(via RIP) P.W.Accounting Recorder(via RIP) State Route 4 / Railroad to Loveridge. Pittsburg Area. November 14, 2000 Page 2 11. Financial Impact: The activity is funded by Contra Costa Transportation Authority (100%) III. Reasons for Recommendations and Back r+g ound: These property rights are required for the State Route 4 East / Railroad to Loveridge project in accordance with the approved plans and specifications. IV. Consequences of Negative Action: The project will not have sufficient land rights to allow construction in accordance with the approved plans and specifications. Recdrding Requested By: Contra Costa County When Recorded Return to: Contra Costa County Public Works Department 255 Glacier Dr. Martinez, CA 94553 Attn: L. Lucy Owens SPACE ABOVE THIS LINE FOR RECORDER'S USE A.P.N. 087-193-035 Title Company Order No. 6153854 District CountyRoute Post Mile Number 4 cc 4 36.440 57963 GRANT DEED (INDIVIDUAL) For Value Received, EDUARDO SOLIS and ALMA SOLIS, husband and wife, as Joint Tenants, GRANT(S) to CONTRA COSTA COUNTY, a political subdivision of the State of California, the following described real property in the City of Pittsburg, County of Contra Costa, State of California, FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. Dated this 26day of nc.41ktL , 2000 .50l� Eduard Solis Alma Solis ATTACH APPROPRIATE ACKNOWLEDGEMENT LO: GAGrpData\RealProp100-81CALDE 1-solis.doc Solis EXHIBIT "A" PARCEL NUMBER 57963 All of that parcel of land granted to Eduardo Solis and Alma Solis, husband and wife as joint tenants, recorded December 22, 1998 at series number 98-0322318, City of Pittsburg, Contra Costa County, California described as follows: Lot 68, map of Tract 2451 filed August 21, 1956, Map Book 65, page 13, Contra Costa County records. This real property description has been prepared by me or under my direction, in conformance with the Professional Lan rveyors Act. Signature: q,�,vyo s� Licensed Land Surveyor Zw 'tr, j Contra Costa County Public Works Date: Exp D e� No. 5989 l G:IGRPDATA\CLERICALIEXWI®ITS120001SOLIS.DOC OFC 0 � 5/4/00 State of California ) County of Contra Costa ) On October 26, 2000, before me, Lydia Owens, a Deputy Clerk of the Board of Supervisors, Contra Costa County, personally appeared Eduardo Solis and Alma Solis personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the persons, or the entity upon behalf of which the persons acted, executed the instrument. In witness whereof, 1 have hereunto set my hand the day and year first above written. Signature J'.." OLXL46 Deputy Clerk G:\GrpData\Rea(Prop\MERGEERM\AK t.doc '(J BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: November 14, 2000 SUBJECT: State Route 4 East, Railroad to Loveridge Road. Pittsburg Area. Project No.:4660-6X4287 Task: ACQ Account: 3540 L Recommended Action: A. APPROVE the Relocation Assistance Claims listed below: CLAIMANT CLAIM DATE PAYEE AMOUNT Denise Woods Moving 7-25-00 Tri-Valley $2,305.98 Expenses Transportation Anna Zaragoza Moving 7-24-00 Tri-Valley $1,816.55 Expenses Transportation Gloria Bell Moving 7-25-00 Tri-Valley $1,840.91 Expenses Transportation Joyce Barreda Moving 7-24-00 Tri-Valley $1,941.75 Expenses Transportation Margaret Miller Moving 7-25-00 Tri-Valley $2,116.52 Expenses Transportation Jamie Colbert Replacements 10-4-00 Credit Revolving $5,000.00 Housing Advance Fund Anna Zaragoza Moving 10-5-00 Credit Revolving $87.76 Expenses Fund B. AUTHORIZE the Principal Real operty Agent to sign said claim forms on behalf of the County. Continued on Attachment: SIGNATOR . RECOMMENDATION OF BOARD COM APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON NOVEMBER 14, 2000 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I hereby certify that this is a true and correct X UNANIMOUS (ABSENT NONE ) copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. PAS:csp ATTESTED: NOVEMBER 14+ 2000 G:\GrpData\RealProp\2000-Files\BOs&RES\BO10SR4East.doc PHIL BATCHELOR, Clerk of the Board of Div: Public Works(RIP) Supervisors and County Administrator Contact: Pat Smyers(313-2222) cc: County Administrator BY , Deputy Auditor-Controller(via RIP) P.W.Accounting Recorder(via RIP) 4 tote Route 4 East Railroad to Loveridge Road. Pittsburg Area. . November 14, 2000 Page 2 C. APPROVE payment as listed above for said relocation expenses and AUTHORIZE the Auditor-Controller to issue a check in the amount of $10,021.71 payable to Tri Valley Transportation, Inc., 187 C Arthur Road, Martinez, CA 94553 to be forwarded to the Real Property Division for delivery. D. AUTHORIZE the Public Works Director to charge the project by journal entry the sum of $5,087.76 and credit the revolving fund monies for the same amount as advanced by the Contra Costa Transportation Authority. I1. Einanciallmpact: Payment totaling $15,109.47 to be made from the State Highway 4 East Widening Project, Railroad Avenue to Loveridge Road which is 100% reimbursable from Contra Costa Transportation Authority. 111. Reasons for Recommendations and Background: The Claimants resided at dwelling units from which they were displaced because of the potential highway widening project. The payments are part of the relocation entitlement required by Government Code § 7260, et. Seq. IV. Consequences of Negative Action: The County will not be in compliance with State and Federal law. TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR GATE: November 14, 2000 SUBJECT: STATE ROUTE 4 / RAILROAD TO LOVERIDGE, PITTSBURG AREA. Project No.: 4660-6X4287 Task: ACQ Account: 3540 1. Recommended Action: A. APPROVE Right of Way Contract and ACCEPT Grant Deed dated November 1, 2000 from Evelyn L. Lopez. B. AUTHORIZE Public Works Director to execute said Right of Way Contract on behalf of the County. C. APPROVE payment of$157,000.00 for said property rights and AUTHORIZE the Auditor- Controller to issue a check in said amount payable to: Placer Title Company, 1081 North Broadway, Suite 302, Walnut Creek, CA 94596, Escrow No. 6153844 to be forwarded to the Real Property Division for delivery. D. DIRECT the Real Property Division to have the above referenced Grant Deed recorded in the Office of the County Record Continued on Attachment: X SIGNATURE: _RECOMMENDATION OF COUNTY ADM 1ST OR —RECOMMENDATION OF BOARD COM —APPROVE —OTHER SIGNATURE(S): ACTION OF BOARD ON NOVEMBER 14, 2000 c APPROVED AS RECOMMENDED- --OTHER VOTE OF SUPERVISORS X UNANIMOUS (ABSENT NONE ) AYES: NOES: I hereby certify that this is a true and correct ABSENT: ABSTAIN: copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. LO: 130S& NOVEMBER 14 2000 S&RE;5/�O2_iopez ATTESTED: , Orig. Civ: Public Works(R/P) PHIL BATCHELOR, Clerk of the Board of Contact: L. Lucy Owens{313-226} Supervisors d County Administrator cc: County Administrator Auditor-Controller(via R/P) By Deputy P.W.Accounting Recorder(via R/P) State Route 4 / Railroad to Loveridge. Pittsburg Area. November 14, 2000 Page 2 IL Financia! Impacta The activity is funded by Contra Costa Transportation Authority (100%) 111. Reasons for Recommendations and Background: These property rights are required for the State Route 4 East / Railroad to Loveridge project in accordance with the approved plans and specifications. IV. Consequences of Negative Action: The project will not have sufficient land rights to allow construction in accordance with the approved plans and specifications. I Recording Requested By: Contra Costa County When Recorded Return to: Contra Costa County Public Works Department 255 Glacier Dr, Martinez, CA 94553 Attn: L. Lucy Owens SPACE ABOVE THIS LINE FOR RECORDER'S USE A.P.N. 037-212-001 Title Company Order No. 5153844 District County Route Post Mile Number 4 CC 4 36.235 57953 GRANT DEED (INDIVIDUAL) For Value Received, EVELYN L. LOPEZ, Trustee of The Lopez Family Trust Dated June 1, 1995 GRANT(S) to CONTRA COSTA COUNTY, a political subdivision of the State of California, the following described real property in the City of Pittsburg, County of Contra Costa, State of California, FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. Dated this dayof-- - ✓' 2000 Evelyn L. ,L�pez ATTACH APPROPRIATE ACKNOWLEDGEMENT Lo: G:\GrpData\RealProp\00-8\CALDEI-lopez.doc Lopez EXHIBIT "All PARCEL NUMBER 57953 All of that parcel of lend granted to Frank A. Lopez and Evelyn L. Lopez, Trustees of the Lopez Family Trust dated June 1, 1995, recorded July 17, 1995 at series number 95-112881, City of Pittsburg, Contra Costa County, California described as follows: Lot 24 as shown on the Map of Tract No. 2803 (Diablo View) filed September 22, 1980 in Book 79 of Maps page 31, et seg., in the office of the County recorder. This real property description has been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act. .--'�"" Signature: :r �ZWn�, � j Licensed Land Surveyor Contra Costa County Public Works Exp• too. X999 1 Date: -- n ..- ,Z- ca G:\GRPDATA\CLERICAL\EXHIBITS\2000\LOPEZ.DOC 8/4/00 State of California ) County of Contra Costa ) On November 1, 2000, before me, Lydia Owens, a deputy Clerk of the Board of Supervisors, Contra Costa County, personally appeared Evelyn L. Lopez personally known to me (or proved to me on the basis of satisfactory evidence)to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the Instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. In witness whereof, I have hereunto set my hand the day and year first above written. Signature IXA Deputy Clerk 9. I SS 1 G:\Grp,:)ata\RealProp\A,"ERGEFRM\AK t.doc TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: November 14, 2000 SUBJECT: APPROVE the Alamo Oaks Trail project, and DETERMINE that the project is a California Environmental Quality Act (CEQA) Class 2C Categorical Exemption, Danville area. Project No. 7758-6X5005, CDD-CP #00-74 Specific Request(s) or ecommen atlon s) & Backgrounal Justification I. RECOMMENDED ACTION: APPROVE the Alamo Oaks project and, DETERMINE that the project is a California Environmental Quality Act (CEQA) Class 2C Categorical Exemption, and AUTHORIZE the Public Works Director to ADVERTISE the project at his discretion, and DIRECT the Director of Community Development to file a Notice of Exemption with the County Clerk. Continued on Attachment: X SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE —APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON NOVEMBER 14, 2000 APPROVED AS RECOMMENDED X OTHER_ v0 01=SUPERVISORS NONE I hereby certify that this is a true and correct UNANIMOUS (ABSENT AYES: NOES: co of an action taken and entered on the � PY ABSENT: ABSTAIN: minutes of the Board of Supervisors on the date shown. TT:drf G:\GrpData\EngSvc\ENVIRO\2000 projects\Board Orders\ Alamo Oaks Trail(Ackerman)-Cat Ex(11-14-00).doc and G:\GrpData\SpDist\Board Orders\2000\11 November\Enviro ATTESTED:__ NOVEMBER 14, 2000 11-14-00.doc PHIL BATCHELOR, Clerk of the Board of Orig.Div: Public Works(Engineering Services Division) Supervisors and County Administrator Contact: Cece Sellgren (925)513-2296 cc: Administrator-Attn: E. Kuevor Auditor-Controller Community Development--K. Piona BY ' s Public Works: Accounting Deputy Ile Construction Design-C. Melendez Engineering Services -D. Edmonds J.Torres SUBJECT: Alamo Oaks Trail project, Danville area. Project No. 7758-8X5005 CDD-CP #00-74 DATE: November 14, 2000 PAGE: 2 RECOMMENDED ACTION (continued): AUTHORIZE the Public Works Director to arrange for payment of a $25 fee to Community Development for processing, and a $25 fee to the County Clerk for filing the Notice of Exemption. 11. FINANCIAL IMPACT: The estimated project cost is $60,000.00, funded by County Service Area R-7A (100%) 111. REASONS FOR RECOMMENDATION/BACKGROUND: The purpose of the project is to construct an asphalt pedestrian trail (345 lineal feet by 6 feet wide) to replace an existing natural ground trail, which connects Cross Road in Alamo to Ackerman Drive in the Town of Danville. The project consists of excavating, backfilling, grading, and installing asphalt concrete. Bollards will be installed at the north and south end of the trail and signs will be posted to prohibit vehicles. Encroachment permits will be obtained from the Town of Danville. Environmental Sensitive Area (ESA) fencing will be placed at the edge of the trail easement, along the entire length of the trail in the project area. Sediment control measures and a storm water pollution prevention plan will be implemented in order to avoid impacts to the creek. Along the northwest side of the trail, construction activities may create minor impacts to the root systems of a 24-inch diameter at breast height (DBH) cork oak, two 8-inch DBH oaks, a 6-inch DBH oak, and 4-inch DBH pine tree. Along the southwest side of the trail construction activities may create minor impacts to the root systems of a 30-inch DBH pine, 18-inch DBH pine, 12-inch DBH pine, and 2-inch DBH pine tree. Along the northeast side of the trial, construction activities may create minor impacts to the root systems of one 12-inch DBH oak, three 6-inch DBH oaks, and one 8- inch DBH almond tree. Along the southeast side of the trail, construction activities may create minor impacts to the root systems of one 19-inch DBH oak, one 16-inch DBH oak, and one 2-inch DBH oak. These impacts are expected to be minor and will result in no long-term effects to the trees. In order to minimize damage to the trees, any roots exposed during excavation will be cut cleanly and tree branches will be trimmed. For the oak trees, in addition to any exposed structural roots being cut cleanly, the roots will be wrapped with wet burlap to minimize shock. The project has been determined to be in compliance with the General Plan and is exempt from CEQA. The project will not result in any expansion of use beyond that previously existing. The project will not result in the removal of any scenic resource. IV. CONSEQUENCES OF NEGATIVE ACTION: Delay in approving the project will result in a delay of design and construction and may jeopardize funding. CONTRA PUBLIC WORKS DEPARTMENT COSTA INITIAL STUDY COUNTY OF ENVIRONMENTAL SIGNIFICANCE PROJECT#7758-6X5005 CP#00-74 PROJECT NAME: Alamo Oaks Trail (between Cross Road/Ackerman Drive) PREPARED BY: Trina Torres V--" DATE: September 27, 2000 APPROVED BY: DATE: 1614120100 RECOMMENDATIONS: (X) Categorical Exemption (Class 2c) {) Negative Declaration () Environmental Impact Report Required {) Conditional Negative Declaration The project will not have a significant effect on the environment, The recommendation is based on the following: The proposed project consists of the replacement of an existing facility where the new structure will be located on the same site as the structure replaced and will have the same purpose with negligible or no expansion of capacity. What changes to the project would mitigate the Identified Impacts N/A USGS Quad Sheet Las Trampas RidgelDiablo Base Map Sheet S-16 Parcel#N/A GENERAL CONSIDERATIONS: 1. Location: In the south county area,between Cross Road in Alamo and Ackerman Drive In the Town of Danville(Figures 1-2), 2. Project Description: The purpose of the project Is to construct an asphalt pedestrian trail (345 lineal feet by 6 feet wide)to replace an existing natural ground trail,which connects Cross Road in Alamo to Ackerman Drive In the Town of Danville. The project consists of excavating, backfilling, grading, and installing asphalt concrete. Bollards will be Installed at the north and south end of the trail and signs will be posted to prohibit vehicles. Encroachment permits will be obtained from the Town of Danville. Environmental Sensitive Area (ESA) fencing will be placed at the edge of the trail easement, along the entire length of the trail In the project area. Sediment control measures and a water pollution prevention plan will be Implemented In order to avoid Impacts to the creek. Along the northwest side of the trail, construction activities may create minor Impacts to the root systems of a 24-inch DBH cork oak, two 8-Inch DBH oaks, a 6-Inch DBH oak, and 4-inch DBH pine tree. Along the southwest side of the trail construction activities may create minor impacts to the root systems of a 30-Inch DBH pine, 18-4nch DBH pine, 12-inch DBH pine,and 2-inch DBH pine tree. Along the northeast side of the ter(construction activities may create minor Impacts to the root systems of one 12-inch DBH oak, three 6-Inch DBH oaks, and one 8-inch DBH almond tree. Along the southeast side of the trail, construction activities may create minor impacts to the root systems of one 19-Inca DBH oak, one 16-inch DBH, and one 2-Inch oak DBH. These Impacts are expected to be minor and will result in no long-term effects to the trees. In order to minimize damage to the trees, any roots exposed during excavation will be cut cleanly and tree branches will be trimmed. For the oak trees, in addition to any exposed structural roots being cut cleanly, the roots will be wrapped with wet buiap to minimize shock. 3. Does it appear that any feature of the project will generate significant public concern? []yes [X]no [,maybe (Nature of concern): 4. Will the project require approval or permits by other than a County agency? [X]yes []no Agency Name(s) Town of Danville 5. Is the project within the Sphere of influence of any city? Yes Frown of Danville) m G:%0rpDatalEnVevd&WRW0W prciects% CS-0 fytCnt WAlamo oaks Tran tAcksrman).doa CI CALIFORNIA ENVIRONMENTAL (QUALITY ACT 1".otice of Exemption Contra Costa County Community Development Department 651 Pine Street, 4th Floor-North Vying,McBrien Administration Building Martinez, CA 94553-4095 Telephone: (925) 313-2296 Contact Person:Cece Sellgren - Public Works Dept. Project Description, Common Name (if any)and Location: Alamo Oaks Trail (between Cross Road and Ackerman Drive), County File #CP 00-74. Project Description: The purpose of the project is to construct an asphalt pedestrian trail (345 lineal feet by 6 feet wide)to replace an existing natural ground trail,which connects Cross Road in Alamo to Ackerman Drive in the Town of Danville. The project consists of excavating, backfilling, grading, and installing asphalt concrete. Bollards will be installed at the north and south end of the trail and signs will be posted to prohibit vehicles. Encroachment permits will be obtained from the Town of Danville. Environmental Sensitive Area (ESA) fencing will be placed at the edge of the trail easement, along the entire length of the trail in the project area. Sediment control measures and a water pollution prevention plan will be implemented in order to avoid impacts to the creek. Along the northwest side of the trail, construction activities may create minor imparts to the root systems of a 24-inch DBH cork oak,two 8-inch DBH oaks, a 64nch DBH oak, and 4-inch DBH pine tree. Along the southwest side of the trail construction activities may create minor impacts to the root systems of a 30-inch DBH pine, 18-inch DBH pine, 12-inch DBH pine, and 2-inch DBH pine tree. Along the northeast side of the trial, construction activities may create minor impacts to the root systems of one 12-inch DBH oak, three 6-inch DBH oaks, and one 8-inch DBH almond tree. Along the southeast side of the trail, construction activities may create minor impacts to the root systems of one 19-inch DBH oak, one 16-inch DBH, and one 2-inch oak DBH. These impacts are expected to be minor and will result in no long-term effects to the trees. in order to minimize damage to the trees, any roots exposed during excavation will be cut cleanly and tree branches will be trimmed. For the oak trees, in addition to any exposed structural roots being out cleanly, the roots will be wrapped with wet burlap to minimize shack. Project location: In the south county area, between Cross Road in Alamo and Ackerman Drive in the Town of Danville (Figures 1-2). This project is exempt from CEQA as a: Ministerial Project(Sec. 15268) Other Statutory Exemption, Section Declared Emergent (Sec. 15269(a)) —General Rule of Applicability(Section 15061(b)(3) Emergency Project(Sec. 15269(b)or(c)) -C Categorical Exemption, Crass 2C for the following reason(s): The proposed project consists of the replacement of an existing facility where the new structure will be located on the same site as the structure replaced and will have the same purpose with negligible or no expansion of capacity. Date: By: Community Development Department Representative AFFIDAVIT OF FILING AND POSTING I declare that on 1 received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date. Signature Title Applicant: County Public Works Department 255 Glacier Drive Martinez, CA 94553 Attu: Trina Torres County Clerk Fee$50 Due G:1GrpData\EngSvc\ENVIR012000 projects\CEQAonly\NOE\Alamo Oaks(Ackerman).doc CALIFORNIA ENVIRONMENTAL QUALITY ACT Notice of Exemption Contra Costa County Community Development Department 651 Pine Street,4th Floor-North Vying, McBrien Administration Building Martinez, CA 94553-0095 Telephone: (925) 313-22961 Contact Person:Cece Sellgren Public Works Dept. Project Description, Common Name (if any) and Location: Alamo Oaks Trail (between Cross Road and Ackerman Drive), County File #CP 00-74. Project Description: The purpose of the project is to construct an asphalt pedestrian trail (345 lineal feet by 6 feet wide) to replace an existing natural ground trail, which connects Cross Road in Alamo to Ackerman Drive in the Town of Danville. The project consists of excavating, backfilling, grading, and installing asphalt concrete. Bollards will be installed at the north and south end of the trail and signs will be posted to prohibit vehicles. Encroachment permits will be obtained from the Town of Danville. Environmental Sensitive Area (ESA) fencing will be placed at the edge of the trail easement, along the entire length of the trail in the project area. Sediment control measures and a water pollution prevention pian will be implemented in order to avoid impacts to the creek. Along the northwest side of the trail, construction activities may create minor impacts to the root systems of a 24-inch DBH cork oak,two 8-inch DBH oaks, a 6-inch DBH oak, and 4-inch DBH pine tree. Along the southwest side of the trail construction activities may create minor impacts to the root systems of a 30-inch DBH pine, 18-inch DBH pine, 12-inch DBH pine, and 2-inch DBH pine tree. Along the northeast side of the trial, construction activities may create minor impacts to the root systems of one 12-inch DBH oak, three 6-inch DBH oaks, and one 8-inch DBH almond tree. Along the southeast side of the trail, construction activities may create minor impacts to the root systems of one 19-inch DBH oak, one 16-inch DBH, and one 2-inch oak DBH. These impacts are expected to be minor and will result in no long-term effects to the trees. In order to minimize damage to the trees, any roots exposed during excavation will be cut cleanly and tree branches will be trimmed. For the oak trees, in addition to any exposed structural roots being cut cleanly, the roots will be wrapped with wet burlap to minimize shock. Project location: in the south county area, between Cross Road in Alamo and Ackerman Drive in the Town of Danville (Figures 1-2). This project is exempt from CEQA as a: ,_,-, Ministerial Project(Sec. 15268) Other Statutory Exemption,Section _„_ Declared Emergent (Sec. 15269(a)) ®General Rule of Applicability(Section 15061(b)(3) Emergency Project(Sec. 15265(b)or(c)) .,t— Categorical Exemption, Um 2c -.- for the following reason(s): The proposed project consists of the replacement of an existing facility where the new structure will be located on the same site as the structure replaced and will have the same purpose with negligible or no expansion of capacity. Date: By: Community Development Department Representative AFFIDAVIT OF FILING AND POSTING I declare that on I received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date. ignature Tltle Applicant: County Public Works Department 255 Glacier Drive Martinez, CA 94553 Attn: Tina Torres County Clerk Fee$50 Due G:\GrpData\EngSvc\ENVIRO\2000 projects\CEQAonly\NOE\Alamo Oaks(Ackerman).doc �;. I F Aim 94 ir old LOW wo ow, Pew IIIJO It sing WPOWN NOW Am",;1,05�111nml.wir,q �'r�������►`1► !'r�R''l �ii�,fig, +�I�,, � ,,,�" �t�i► SP, log i 1 : ail s��`ir.► �, - �►'�►'�'� "� ,fir�► ��� �/� Iry .� '" � ►yam �I� �ii� PA' 1,�■��� it y wl��� � �►��,��/r+�, �!�,,�'ll� pop LM Ss ifIJUL t=. `l7 O m d m m 'm m r- 70m ' 0 f CC) C) 00 r m ® z> m m r?> C > r— m p C Q° > girt] K 0 �v ' -� m > J m m � 0 C> z m o r- m TO: BOARD OF SUPERVISORS FROM: Maurice M. Shiu, PUBLIC WORDS DIRECTOR DATE: November 14, 2040 SUBJECT: Approve Master Cooperative Agreement No. 43.00.79 between the Contra Costa Transportation Authority and Contra Costa County for a Transportation Fund for Clean Air Grant funding in the amount of$55,000 for the Center Avenue-Marsh Drive-Solano Way Bikeway project. Project No. 0662-6R4119 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION to Recommended Action: APPROVE Master Cooperative Agreement No. 43.00.79 between the Contra Costa Transportation Authority and Contra Costa County for the Center Avenue-Marsh Drive-Solano Way Bikeway project, and AUTHORIZE the Public Works Director to execute the agreement. Continued on Attachment: X SIGNATURE: _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON NOVEMBER 14, 2000 APPROVED AS RECOMMENDED X OTHER I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board VOTE OF SUPERVISORS of Supervisors on the date shown. X UNANIMOUS {ABSENT AYES: NOES: ABSENT: ABSTAIN: ATTESTED: NOVMEBER 14, 2000 AS:je PHIL BATCHELOR, Clerk of the Board of Supervisors G:\GrpData\TransEng\2000\Bo-Te\BO TFCA2.doc and County Administrator Orig.Div: Public Works(TE) Contact: Al Schaal phone 313-2234 cc: PW Accounting By Deputy SUBJECT: Approve Master Cooperative Agreement No. 43.00.79 between the Contra Costa Transportation Authority and Contra Costa County DATE: November 14, 2000 PAGE 2 If. Financial lm tact: Approval of this agreement will not affect the general fund. 111. Reasons for Recommendations and Background: The County submitted an application for a grant from the Transportation Fund for Clean Air Program Manager Program and was awarded a grant of $55,000. The Master Cooperative Agreement needs to be approved before grant funds can be expended. The grant authorized under this agreement will fund the Center Avenue — Marsh Drive- Solano Way Bikeway project. IV. Consequences of Negative Action: If the agreement is not approved the County will not receive the grant funds which will stop or delay the project. Contra Public Works Department Maurice M.snlu Costa Public Works Director County 255 Glacier Drive Martinez, CA 94553-4897 R. Mitch Avalon FAX: (925)313-2333 Deputy-Engineering Telephone: (925)313-2000 Patricia R. McNamee Deputy-Operations Julie Bueren Deputy-Transportation Jackie James Deputy-Administration LETTER OF TRANSMITTAL To: Clerk of the Board Date: December 11, 2000 651 Pine Street Martinez, CA 94553 RE: Agenda Item C-10, November 14, 2000 File: TFCA 00-01 Program Manager Attention: Joan Staley WE ARE SENDING YOU THE FOLLOWING ITEMS: COPIES DESCRIPTION 1 Master Cooperative Agreement No. 43.00.79 Between Contra Costa County and Contra Costa Transportation Authority REMARKS: This copy is for your files. gned: j2LZ—/t4.0 Al Schaal Phone (925) 313-2234 cc: M. Halle,Associate Civil Engineer, TE g:\\transeng 0 R I G I MASTER COOPERATIVE AGREEMENT NO. 43.00.79 BETWEEN CONTRA COSTA TRANSPORTATION AUTHORITY AND CONTRA COSTA COUNTY PUBLIC WORKS This AGREEMENT is made and entered into as of this 1st day of July,2000,by and between CONTRA COSTA COUNTY PUBLIC WORKS 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, hereinafter referred to 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. 2. SPONSOR desires one or more projects to reduce air pollution from motor vehicles and/or to relieve traffic congestion, hereinafter referred to as "PROJECT," eligible under the Carpools, Vanpools, and Park and Ride Lots program category of Measure C, and/or under the Transportation Fund for Clean Air Program, hereinafter referred to as "TFCA," which is funded through the Bay Area Air Quality Management District, hereinafter referred to as "DISTRICT,"pursuant to Health and Safety Code Section 44224 et seq. 3. Pursuant to Measure C, AUTHORITY is committed to make available up to $8,604,444 in 1988 dollars for projects eligible under the Carpools, Vanpools, and Park and Ride Lots program category. These funds, hereinafter referred to as Measure C Carpool Funds, may be made available to SPONSOR to help fund PROJECT. Measure C Carpool Funds are allocated on an annual basis by resolution of AUTHORITY. AUTHORITY anticipates that SPONSOR will supplement Measure C Carpool.Funds with revenues from other eligible sources. 4. AUTHORITY has been designated by resolution adopted by Contra Costa County and a majority of the incorporated cities within Contra Costa County having a majority of the population within the incorporated portion of Contra Costa County as Program Manager for TFCA projects within the County. In accordance with Funding Agreement#00-CC ("FUNDING AGREEMENT") between DISTRICT and 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 43.00.79.doc 1 FUNDING AGREEMENT is attached to this AGREEMENT as EXHIBIT A and incorporated by this reference. Unless otherwise indicated herein, the term TDM GRANT refers to any Measure C Carpool Funds and/or TFCA funds appropriated to a PROJECT under this AGREEMENT. 5. AUTHORITY, on April 19, 2000, approved Resolutions 00-09-G and 00-05-G, specifying projects to be funded with TDM GRANT in FY 2000-2001. NOW,THEREFORE, in consideration of the foregoing, the AUTHORITY and SPONSOR do hereby agree as follows: SECTION I SPONSOR AGREES: 1. For each PROJECT approved and funded by AUTHORITY, to apply TDM GRANT received under this AGREEMENT to PROJECT(s) consistent with the terms and conditions specified in Funding Resolutions No. 00-09-G (TFCA) and 00-05-G (Measure C Carpool Funds) approved by the AUTHORITY; and with the information contained in the TFCAIMSC Project Summary, the Application/Project Fact Sheets, and the Project Budget Summary, attached to this AGREEMENT as EXHIBIT B and incorporated by this reference. 2. To provide invoices consistent with the process and format set forth in EXHIBIT C (Method of Reimbursement),EXHIBIT C-1 (.Reimbursement Request Form), and EXHIBIT C-2 (Project Expenditure Summary),which are attached to this AGREEMENT and incorporated by this reference. 3. To allow AUTHORITY and DISTRICT, or any independent auditor selected by either,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 shall make available to AUTHORITY and DISTRICT, or any independent auditor selected by either, all records relating to expenses incurred in performance of this AGREEMENT. 4. To submit to AUTHORITY six Project Status Reports on the following dates: • October 31, 2000 • January 31, 2001 • April 30, 2001 • October 31, 2001 • January 31, 2002 • April 30, 2002 43.00.79.doc 2 Project Status Reports are to be prepared in accordance with AUTHORITY's format as presented in EXHIBIT D (Project Status Report) which is attached to this AGREEMENT and made a part hereto by reference. 5. To submit to AUTHORITY an annual report for each project on the following dates: • August 31,2001 • August 30, 2002 The annual reports are to be prepared in accordance with DISTRICT's format as specified in Section II, paragraph 14 of FUNDING AGREEMENT. 6. To provide overall management of PROJECT(s) 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 PROJECT. Copies of such executed contracts shall be retained for four(4)years following completion of PROJECT or earlier discharge of the AGREEMENT. 8. If 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. If TFCA funds are used for any project, SPONSOR shall use the DISTRICT's logo in accordance with Section II, paragraph 15 of FUNDING AGREEMENT. 9. To comply with AUTHORITY'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 Carpool Funds. This policy is attached hereto and incorporated herein, as EXHIBIT E (Surplus Personal Property Policy). To the extent that surplus personal property has been purchased, in whole or in part, with TFCA funds, SPONSOR shall comply with the provisions of FUNDING AGREEMENT with respect to that pro rata portion of the surplus personal property. 10. If 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 Measure C Carpool Funds, in the same proportion to the net proceeds as the original contribution of Measure C Carpool Funds was to the purchase price of the 43.00.79.doc 3 original parcel. To the extent that right-of-way has been acquired, in whole or in part,with TFCA funds, SPONSOR shall comply with the provisions of FUNDING AGREEMENT with respect to that pro rata portion of the right-of-way proceeds. 11. If PROJECT involves TFCA funds, to comply with all relevant requirements of applicable law relating to the application and/or expenditure 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 TFCA funds, all relevant requirements of FUNDING AGREEMENT applicable to recipients of TFCA funds, including but not limited to, the provisions of Section II,paragraphs 10, 11, 12, 13, 16, 17, 18, 19, and 20 of FUNDING AGREEMENT. SECTION II AUTHORITY AGREES: 1. Consistent with the procedures specified in EXHIBIT C,EXHIBIT C-1, and EXHIBIT C-2,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 TFCA funds,to comply with requirements of the FUNDING AGREEMENT applicable to Program Manager. SECTION III IT IS MUTUALLY AGREED: 1. Term. Qualified expenditures for PROJECT(s) approved under this AGREEMENT shall be eligible for reimbursement from TDM GRANT when incurred after June 30, 2000, provided they are consistent with the terms and conditions of this AGREEMENT, 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 2000-2001 funding cycle. Upon receipt of the first payment of funds for the 2000-2001 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). 43.00.79.doc 4 Upon transmittal by AUTHORITY to SPONSOR of such notification, Termination Date will be incorporated into and made a part of this AGREEMENT. If no such notice is transmitted,Termination Date shall be twenty-two (22) months from the date this AGREEMENT 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 AGREEMENT as of Termination Date shall revert to AUTHORITY and made available for other eligible projects, or shall be refunded to DISTRICT by AUTHORITY in accordance with FUNDING AGREEMENT. To the extent that there are insufficient funds available to reimburse SPONSOR for the full amount appropriated herein, a pro rata portion of available Measure C Carpool Funds and/or TFCA Funds shall be distributed to SPONSOR. This AGREEMENT will remain in effect until discharged or otherwise terminated as provided above or in Paragraph 2 below. 2. Discharge. This AGREEMENT shall be subject to discharge as follows: 1. Either party 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. 2. This AGREEMENT may be canceled by a party for breach of any obligation, covenant, or condition hereof by the other party, upon written notice to the breaching party. With respect to any breach that 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 cancellation,the non-breaching party retains the same rights as a party exercising its right to terminate under the provisions of paragraph 2a, 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 in writing at any time. 43.00.79.doc 5 3. Cap on aggregate expenditures: In no event shall the portion of TDM GRANT funded with Measure C Carpool Funds, when aggregated with amounts of previously allocated TDM GRANTS Measure C Carpool Funds,exceed the Expenditure flan 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 of Measure C Carpool Funds pursuant to all previously approved TDM GRANTS, 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. 4. Indemnity: It is mutually understood and agreed, relative to the reciprocal indemnification of AUTHORITY and SPONSOR: 1. 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 AGREEMENT or in connection with any work, authority, or jurisdiction delegated to SPONSOR under this AGREEMENT. 2. 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. 43.00.79.doc 6 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 by the parties hereto. Joe Yee Contra Costa County Public Works 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 AGREEMENT, each of the parties acknowledges and agrees that the persons identified above, or any other person designated by either party to AGREEMENT by notice to the other party, is authorized to execute documents and to bind the party with respect to this AGREEMENT in accordance with the procedures set forth in Section III, paragraph 8 below. 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: SPONSOR may, at any time, request an amendment to the work scope of any PROJECT funded under this AGREEMENT by submitting such request to AUTHORITY in the format indicated in EXHIBIT B-1 (TDM Work Plan & Appropriation Revision Request), which is attached to this AGREEMENT and made a part hereof by reference. By completing, signing, and submitting an EXHIBIT B-1 to AUTHORITY, SPONSOR agrees to amend this AGREEMENT as specified. Upon the AUTHORITY's approval and execution of the submitted EXHIBIT B-1, this AGREEMENT will be amended per SPONSOR's request. 43.00.79.doc 7 SPONSOR may, at any time, request an amendment to the budget of any PROJECT funded under this AGREEMENT by submitting such request to AUTHORITY in the format indicated in C-2 Adjustment Form (attached to EXHIBIT C), which is attached to this AGREEMENT and made a part hereof by reference. By completing, signing, and submitting an EXHIBIT C-2 Adjustment Foran to AUTHORITY, SPONSOR agrees to amend this AGREEMENT as specified. Upon the AUTHORITY's approval and execution of the submitted EXHIBIT C-2 Adjustment Form, this AGREEMENT will be amended per SPONSOR's request. 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. lone of the SPONSOR's agents or employees shall be agents or employees of the AUTHORITY. 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. 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 parry 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 AUTHORITY's continued authorization to collect and expend the sales tax proceeds provided by Measure C. If for any reason AUTHORITY's right to collect or expend such sales tax proceeds is terminated or suspended in whole or part, AUTHORI'T'Y 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 fluid 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 AUTHORITY under all outstanding contracts, agreements and other obligations of AUTHORITY, of funds for such purposes. 43.00.79.doc In addition, all obligations of the AUTHORITY hereunder with respect to TFCA funds are expressly subject to and limited by the terms of FUNDING AGREEMENT and applicable provisions of state and federal law, including,but not limited to, provisions related to the AU'T`HORITY's designation as Program Manager. In the event that AUTHORITY loses its designation as Program Manager or otherwise becomes ineligible to receive TFCA funds or if for any reason, such TFCA funds are no longer available to it, AUTHORITY's obligations hereunder shall be terminated without further obligation or liability to SPONSOR. 14. Total Cost: The total cost of this Agreement is $55,000.00 from Resolution No. 00- 09-G (TFCA), and $0 from Resolution No. 00-05-G (Measure C Carpool funds), and will not exceed that amount unless amended in writing by all parties. CONTRA COSTA CONTRA COSTA COUNTY TRANSPORTATION AUTHORITY PUBLIC WORKS by: by: Rober ry Mau ` . Shiu Executive Direct r Public Works Director ATTEST: ATTEST: by: &&&Zt by: 7/ APPROVED as to legal form. APPROVED as to legal form. Nossaman, Guthner,Knox & Elliott,LLP By: � by: I) 11 �, A, iJ)A Stanley S. "aylor, III Counsel ►u �3 �G o CACCTA Files\1.TFCA12000.0ITooperative Agreements\43.00.79.Doc 43.00.79.doc 9 MUM A FUNDING AGREEMENT BETWEEN THE BAS'AREA AIR.QUALITY MANAGEMENT DISTRICT AND CONTRA COSTA TRANSPORTATION AUTHORITY 00-CC This Funding Agreement (Agreement) is 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(e) 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 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 MANAGED.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 Air District staff and auditors the receipt, interest accrual, and expenditures of Air District funds. 00-CC Page 1 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 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 associated interest, or both, 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. 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 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 shall be prepared and submitted in accordance with the Air District's format and shall be submitted until all projects listed in Attachment A are completed. 00-CC Page 2 of 5 15) To use the Air District's approved logo for the TFCA for any projects implemented directly by 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. 1 6) 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 11.15 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 vehicles must either obtain approval from the Program Manager for alternate use of the vehicles or return to the Program Manager any funds realized from the sale of any vehicles 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 vehicles. The amount of funds returned to the Program Manager shall be proportional to the percentage of TFCA funds originally used to purchase the vehicles. 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 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, 2000 and June 30, 2000, 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, 2000 and December 31, 2000, 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. 00-CC Page 3 of 5 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. 4) To provide the Program Manager with a standard format and content summary for the report described in Section II.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. 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 shall 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 13401 Treat Blvd., Ste. 150 Walnut Creep, 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 Matt Nichols. 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 reasonably required to carry out the previsions, 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 either of the parties except as expressly set forth herein, or in other contemporaneous written agreements, 00-CC Page 4 of 5 8) Amendment: This Agreement may not be modified except in writing, signed by both 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 shall be executed in writing by the signators to this Agreement. Any change in Project scope shall be approved by the Air District prior to implementation of the change by the recipient of funds. 9) Independent Contractor: Program.Manager renders its service under this Agreement as an independent contractor. Done 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 by either 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.AIL DISTRICT: by: by: ate: Robert le , E, five Director Ellen Garvey,Air P Iluti Co of Officer Contra Costa Transport on A thority Bay Area Air Quali en Of Approved as to legal form: Approved as to legal form: by: - - c _ by: Legal Counsel District Counsel Contra Costa Transporta ion Authority Bay Area Air Quality Management District 00-CC Page 5 of 5 Attachment A Contra Costa County CMA FY2000/2001 PROJECT INFORMATION A. Project Number: OOCC18 B. Project Sponsor: Contra Costa County Public Works Department C. Project Contact: AC Schaal D. Contact Phone#: -(925) 313-2234 E. Project Title: Bikeway (1.8 mi Class ve-Marsh Dr-Solano Way F. TFCA$ Allocated: $ 55.000 G. Total Project Cost: $ 192.000 Other Funding: Amount Source $90,000 Transportation Enhancement Activities Grant $47,000 Measure C Return to Source H. Project Description: This project will connect the bike lanes on Center Avenue to the bike lanes on Pacheco Boulevard, which provide access to the Sun Valley Shopping Mail, Diablo Valley College and the commercial area along the Pacheco/Contra Costa Blvd. corridor. This project will also provide bicycle access to the Bates Avenue Business Park at the end of the project and North Concord-Martinez BART station (2.5 miles from the end of the project via the Arnold industrial Way Bikeway and the Port Chicago Highway Bike Path). The third goal of the project is to complete the widening of Center Avenue between Raymond Drive and Aspen Drive, and fill in the sidewalk gaps in the same area. TFCA funds will be used to pay for the roadway restriping and a portion of the road widening. The project will provide the following: Center Avenue between Hidden Lakes Drive and Aspen Drive (2,900 ft.)will be restriped to have a two-way left turn lane, 12-foot wide traffic lanes, 4-fcot wide bicycle lanes, and 8-foot wide parking lane. Center Avenue between Aspen Drive and Marsh Drive (1,800 ft.)will be signed as a bike route and have 12-foot wide traffic lanes with 8-foot parking lanes. Marsh Drive between Center Avenue and the bridge over Walnut Creek(6,800 ft.)will be restriped to have 12- foot traffic lanes and 5-foot wide bike lanes without curb parking. The remaining 1,200 feet of Marsh Drive will be signed as a bike route, and will have 12-foot wide travel lanes with curbside parking. Solano Way between Marsh Drive and Arnold Industrial Way (1,200 ft.)will be signed as a bike route and will have 12-foot wide travel lanes with curbside parking. 1. Project Schedule: Start Date (mo/yr) September 1. 2000 Final Report Due Date (molyr) June 30, 2002 J. Final Report Content: Complete and submit part 1 of Project Monitoring Form 3, including pre-and post-project bicycle counts. BAAQMD TFCA Funding Agreement Page 21 Date PROJECT MONITORING FORM 3 Bicycle Projects TFCA Project# Project Sponsor: Project Title: Contact: Phone: E-mail: TFCA $ Expended: $ Total Project Cost: $ Project Start Efate: 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 ostproject 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 4-6 p.m. Pre-Project Count Post-Project Count Segment Class:::1, Segrneryt ADT dm Date Hours of #Bikes Bate Hours of #Brkas l*larrt 2;or;3 :Length 5eiierit Count per gay 2. Bicycle a 2 Lockers and Racks: Back user counts should be performed anytime between 10a.m. p.m. during a weekday in the May-September period(excluding Bike to Work Week). U ifts Total Bike Cost per Manufacturer Avg. sets per l ay In liedapacEy: Unit Lockers Racks Attach a map showing locations) lockerslracks. describe methodology etermine user data. 3. Bicycle Racks on Buses: Count o k users should be pe med all day(7 a.m. to 7 p,m.) on a weekday in the May-September period(e ding Bike to ork Week). #Racks`: #Bikes Cost,per Ma forst Avg. #back Total Daily Passenger Installed per Rack t Unit -Usersfi ay: Boardings System.4i0e 4. Police Bicycle Projec Based upon one year of operational experience th the bicycles. Type of B.Ike. #Bikes Total Bike.Patrol Total Bike Patrol otal Patrol:Car Miles PurchasedHours per'Year' Willes per Year used Per Year, BAAQM0 TFCA Funding Agreement Page 5 � � o �ro ra G7 n V, �d iQ -o cis b U r� s.. cn �. r N er C5 ?- c;, r ti's 4, ti t4 � ae Y"' v � O rj �C�t..�� V •e1�, ssr Y 1 G' 4!t � � d ` ! ,_ ►�s. a3 r ^C * Sgt 3a �#y �;r3r �' ;��'c? �r # 4: I :p:£<TI A t.d� "R Cd � ° it V [/ C V y �yh I 4 -. z n y a . a. s d $ EXHIBIT B-1 (Example) 2 s� s M A $ $ $ . , , � a o r z z d U c cc O � d 0.0 s © U � Lci I�ye o a Cwt o `t a7� L , o ILI IV Q C U LL .^•+ W v u +u a C `" C, C, a d 'L G MASTER COOPERATIVE AGREEMENT NO. 43.00.j', BETWEEN CONTRA COSTA TRANSPORTATION AUTHORITY AND EXHIBI 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 paid during quarter S 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. Submitted by Date di�,stn►$nt F g� c� d me to 0 r- 16 .a� c x d 0 N d d 04 C3 O � w. ✓ '� Cd � t� �✓ td to � � Cf) N O � � �L tai.� �• r� � � � p o o d G t11 EXHIBIT C-2 Adjustment Form (Example) C 0 E C M LL E E 0 cu :E 2 CL < gt C: CL (U 0 0 E 0 z 0 CL —————————— 0 Z C .0 LU V fJJ 2 ca tll 2 Z (M LU a) LU V 0 coo 0 0 ca LU 0 cc -A E ci 0 0 M 2 X 0 W '0 0 W) I ci 6 iq CL LU Z CL 0 . 0 N z Uj LU C4 M ,z LO > U1 C4 0 CL t6 05 02 0 LL Z4 < CL 0 LL, CD J 8 4 0 1 C= CLW . q 0 8 cc W C C� CD 0 0 LO LO 0 E L6 < E C 0 CD CN (D tom- U N M E M cn CL Z C 0 0 0 E X c UJ 0 (M IIsi G3 m 0 0 0 a aC� U5 0 cli C4 LL M LO .Nd 0 0 Q cn 4) U) B 2 0 = ;E 0 0 > CO W < X 2 z -0 2 >5 M a Coa N Co tn0 — M 2 0 z "= r :S – 0 E 2 0 (D C U. E a) M U- M Z M M 0 Z Z? 0 w C LU P 0) = w 0 :; Z = 4- U Z 8 E t 0 .2 w = Ul) M -0 4w =) 0 Z 9 9 (n CL U- 0 — tJ - r— r— S E Z c a) (M 0 0 LU M 0 a) a) (n Ui LL Z U- > 0 ,= wo LO < 2 CL (D a) > (on -0 0 LL 0 0 CL X :21 JUP I z z < W a. EXHIBIT D CONTRA COSTA TRANSPORTATION AUTHORITY TFCA PROTECT STATUS REPORT Allocation Year 1998-99 Q-X Date: Return to: Arielle E.L. Bourgart Project Name: Assistant Director Project No.: Contra Costa Transportation Authority 1340 Treat Boulevard, Suite 150 Project Manager: Walnut Creek,CA 94596 Contact Person: Return by: Amt. Of Original Report submitted by: Allocation: (Signature) Funds Expended to Name&Title: Date: Amt. Billed to [must be indicated in Section III,paragraph 5 of OCTA to Date: Agreement as Authorized signatory for sponsor] In order to ensure the timely use of TFCA funds,the Authority has adopted a policy requiring all TFCA project proponents to file periodic reports indicating the project implementation status. Please provide the following information on the project indicated above. 1. Has project implementation been initiated? Yes ❑ No ❑ 2. Implementation of the project is: On Schedule ❑ Ahead of Schedule ❑ Behind Schedule 13 If project is behind schedule, please explain and indicate on a separate attached sheet when it is expected to be back on track. 3. What project-related activities have been completed,to date? 4. What activities are currently underway? (.Please provide estimated date(s)of completion.) 5. According to our Cooperative Agreement, number , your program must expend and bill CCTA by . To what extent do you believe this project will next meet these important billing requirements? On Schedule ❑ Ahead of Schedule ❑ Behind Schedule ❑ %\Ariei1elc\WPF1LESI'PFCA Project Status Report Q-3.wpd EXHIBIT E CONTRA COSTA TRANSPORTATION AUTHORITY RESOLUTION NO.96-04-A RE: DISPOSITION OF SURPLUS PERSONAL PROPERTY ACQUIRED BY A MEASURE C PROTECT PROPONENT, OR RECIPIENT OF MEASURE C PROJECT FUNDS WHEREAS,the Authority currently lacks a formal policy with respect to the disposition of surplus personal property acquired by a Measure C project proponent, or recipient of Measure C program funds; WHEREAS, State Attorney General opinion (Opinion No. 65-174,November 16, 1965)provides general guidance as to how a public agency can legally dispose of surplus property; WHEREAS,this opinion states that a public agency is required to sell this property at its fair market value,to the extent the surplus asset has economic value; WHEREAS,local jurisdictions, school districts,non-profit organizations within Contra Costa County are in need of used office equipment, particularly computers; NOW,THEREFORE, BE IT RESOLVED that the Authority hereby adopts a formal policy on the disposition of surplus personal property as described in Exhibit A, attached. ,t Don Tiat=XChair This RESOLUTION was entered into at a meeting of the Contra Costa Transportation Authority held September 18, 1996 in Walnut Creek, California Attest: `7` r M,-, Robe Mc Iea E ecutive Directo EHHIBIT R CONTRA COSTA TRANSPORTATION AUTHORITY rrrrrrrrrrrarrrrarrrrrrrrrrrrrrrrrrrrrrrrrrr POLICY ON DISPOSITION OP SURPLUS PERSONAL PROPERTY ACQUIRED BY A PROJECT SPONSOR OR RECIPIENT OF PROGRAM FUNDS AND NO LONGER REQUIRED FOR THE-PROJECT OR PROGRAM A The purpose of this policy is to set forth requirements for the disposal of personal property (defined for purposes of this policy as any property, furniture, fixtures, furnishings, equipment or other asset, other than real property or any interest therein) acquired by a project sponsor or recipient of program funds for a project or program funded in whole or part by Contra Costa Transportation Authority ("Authority') Measure C sales tax and other,funds (the *project") Personal property purchased with Measure C Local Street Maintenance and Improvements funds ('18%funds') shall not be subject to this policy. B. Project sponsors and program recipients shall account for the purchase of personal property by funding source in accordance with applicable provisions of state or federal lazy or regulation, and in accordance withgenerally accepted amounting standards for public agencies, and shall maintain and update an inventory of all personal property purchased for purposes of the project C. At the earlier of either the completion or other termination of the project, or the end of the useful life of the personal property, the property shall be declared surplus and shall be disposed of in accordance with this policy, subject to overriding state or federal law requirements. See Section 4 of this policy. 5F\961590042 (6/27/96) D. Unless otherwise expressly indicated herein, "surplus property. means each individual item of such property identified by the project sponsor or program recipient as surplus. SECTION 1. Authority's right of first refusal with respect to surplus property. Prior to any disposal of surplus property.in accordance with this policy, the project sponsor or recipient of program funds shall notify the Authority in writing, Providing it with an inventory of surplus property. The surplus property shall be made available to the Authority for a-physical examination and the Authority shall identify any surplus property for which it has a use. Any such identified surplus property shall, as determined by the Authority, be delivered as directed by the Authority or otherwise made available-to the Authority for its use. SECTION 2. project sponsor or program recipient's election to retain surplus property. Subject to the Authority's right of first refusal, if the project sponsor or program recipient determines that it has a use for the surplus property for a public purpose of the local agency, it may elect to retain the property, Provided the local agency has obtained an appraisal from an independent appraiser, experienced and qualified in the appraisal of personal Propel'of the same type as the surpluv p' roperty. If the project sponsor determines to retain the surplus property as set forth in this paragraph,, it shall notify the Authority of its intention to do so and shall provide a copy of the independent appraisal of the property together with an estimate of the costs of sale of such surplus property. Unless the Authority notifies the local agency that it objects to the appraisal or the retention of the surplus property by the local agency within 90 days of the date of receipt of such notice by the Authority, in which case the local agency shall dispose of the property in accordance with Section 3 below, the retention shall be deemed approved. SECTION 3. Sales or donation of surplus personal propgrrty. Personal property that has been determined to be surplus and no longer -2- needed for the project, and for which neither the Authority nor the project sponsor or program recipient has determined it has a use, shall be disposed of as follows: A. Determination of value of property. An initial determination will be made.by the sponsoring agency which is the recipient of Measure C funds as to the estimated value of the surplus property. If the estimated cost of sale of the property, including notice and advertising costs, allocable staff costs and any other costs reasonably related to the sale, exceeds the estimated value 'of the surplus property, the surplus property shall be deemed to be valueless. B. Disposal of property with no estimated value and where costs of sale exceed estimated value. If the deterii 3nation is that the surplus property has no value, or that the value is exceeded by the costs of sale, the surplus property may be disposed of as follows: 1. Surplus property in good working order shall be offered, at no charge: (i) to the county and to the incorporated towns and cities within the county, excluding the project sponsor or program recipient which is the source of the surplus property, (ii) to a school district or the Contra Costa County Board of Education within Contra Costa County. Such donations shall be made by lottery among the cities, towns and the county indicating a use for the surplus property, and if neither the county nor any city or town indicates any use for the surplus property,by lottery among the school districts and the Board of Education which have indicated a use for the surplus property- -2. roperty-2. If neither a city, town nor the county, nor a district or the County Board of Education has indicated a use for the surplus property, or if the surplus property is not in good working order, the surplus property may be donated to any tax exempt charitable organization or may be otherwise disposed of at the direction of the Executive Director of the Authority or his designee. -3- C. Disposal of property with value of$5,000 or less. If the determination is that the surplus property has a value of$5,000 or less, the property shall.be disposed of by the project sponsor or program recipient as follows, 1. The cities, towns and the county, other than the project sponsor or program recipient, shall be invited to bid on the surplus property by submitting a bid in writing to the project sponsor or program recipient. If there are no city, town or county bidders for the surplus property, the school districts, the County Board of Education and any other public agency the jurisdiction of which is entirely or partially within the county which the Executive Director of the Authority determines should be permitted to bid shall be permitted to submit written bids for the property. The property shall be sold to the highest bidder, regardless of the bid amount and the number of bidders. Notice may be given by the project sponsor or program recipient orally or in writing, and no informality or irregularity in notice or bidding shall invalidate the process. 2. If there are no bids, it shall be assumed that the property has no value and it shall be disposed of in accordance with Section 3. B. above. D. Disposal of property with a value in excess of$5,000. If the determination is that the surplus property has a value in excess of$5,000, the property shall be disposed of by the project sponsor or program recipient as follows: 1. A notice of sale of surplus property shall be posted in a prominent and public place at least 10 days prior to the sale. Copies of the notice shall be mailed to the Authority and to the county, cities, towns, school districts, the County Board of Education and other public agencies, the jurisdictions of which are entirely or partially within the county, and to any other persons who have requested from the project sponsor or program recipient in writing, notice of such sales of surplus property. For sales of surplus property the estimated value of which exceeds $10,000, a classified advertisement shall appear in at least one local newspaper at least 10 days in advance of the date of the sale. -4- 2. The notice shall describe"the property for sale in commercial terminology and as fully and accurately as possible, including its condition. The surplus property shall be available for inspection by prospective bidders prior to the sale. No information shall be provided to a prospective bidder that is not available to all prospective bidders. 3. Except as set forth below, surplus property shall be sold by competitive bid. Sales may be conducted as sealed bid, spot bid or auction sales,. or in any other lawful manner as determined by the project sponsor to likely achieve the highest possible sales price after considering costs of sale. In a sealed bid sale, bidders shall be required to submit sealedwrittenbids-on authorized-bid forms for public opening at a time and place designated. In a spot-bid sale,-bidders shall be provided with bid forms in advance of the bidding, a bid form to be used for each lot or unit to be separately,sold. In requesting bids, the official in charge shall announce the item, its identification number and a brief description of the item or lot. The right to reject all such bids for a lot or item shall be reserved in the terms of sale; items for which all bids have been rejected may be reoffered at the same sale. After examining all bids, award shall be made or bids rejected immediately. 4. In an auction sale, terms and conditions shall have been Published prior to the sale and special and unusual conditions shall be announced by the person conducting the sale immediately prior to the commencement of the auction. The project sponsor shall.reserve,the right to reject all bids and to reoffer the same at the same auction where the published.terms-and:condition so provide. $. If a city, town or the county is a bidder on any surplus property offered by sealed bid or spot bid, the bids of any such city, town and/or the county shall,be opened asst and the highest bidder among bidding cities, towns and the county shall be the winner. If the sale is conducted by auction, the auctioneer shall determine in advance if there are any cities, towns or the county which wish to bid on the surplus property. If so, the property shall be auctioned to such parties, the highest bidder being the winner. If the project sponsor has reserved the right to reject all bids by published terms and conditions or if there are no such bidders, the -5- surplus property shall be sold to the highest bidder among the ether bidders, by sealed bid, spot bid or auction as applicable. 6. A negotiated sale may be conducted without notice or competitive bid as required above, where the project sponsor determines that the sale involves property that has an estimated fair value not in excess of$16,000; where public exigency will not allow for notice and competitive bidding; where, after notice and competitive bid, no reasonable bids have been obtained and it is determined that renoticing the sale on a competitive bid basis would serve no useful purpose; or where a sale can be.obtained with a public agency the jurisdiction of which is totally or partially within the County and the estimated fair value and satisfactory terms can be obtained by negotiation. A determination in writing justifying the sale of the property on a negotiated sale basis shall be prepared and submitted to the Board of the project sponsor for approval prior to any such sale. SECTION 4. Sales of surplus property subject to state or federal law, proration of proceeds of sale. A. Sales subject to State or Federal Law. Sales of surplus Property subject to specific provisions of state or federal law or regulation shall be conducted in compliance with the terms of such applicable law or regulation,which shall take Precedence over the provisions of this policy to the extent inconsistent therewith. B. Proration of proceeds of sale. To-the extent that surplus Personal Property has been purchased with mixed Measure C, state and/or federal funds, and/or other local or private funds, the Authority shall be entitled to only that portion of the proceeds of the sale, net of costs of sales, which Measure C f rods represent relative to other funding sources. If the source of the funds used to Purchase the surplus property cannot be identified, it is assumed that the personal Property Purchases were fimded in the same proportion that Measure C funds bear W total funding sources for the entire project. SECTION 5. Proceeds of sale or retention of surplus property; use of proceeds by the.Authority. Subject to Section 3 above: A. Proceeds of sale. Proceeds of the sale of any surplus property, net of costs of sale as set forth above, shall be promptly forwarded to the Authority. B. Proceeds of retention. If the project sponsor retains the surplus property, the appraised value, if any, shall be promptly forwarded to the Authority. C. Use of proceeds by Authority. Proceeds of the sale or retention of surplus property may be reprogrammed by the Authority-for any authorized pleasure C purpose. Assets Acquired with TFCA Funds If there have not been any fixed assets acquired, please complete the first section and write "NONE" on line item 1. This section must be completed: Page__.__.of Program Sponsor: Prepared by: Bate: Line Asset Date Purchase Funding # Tag# Asset Description Location Purchased Price Source 01 TFCA 02 TFCA 03 TFCA 04 TFCA 05 TFCA 06 TFCA 07 TFCA pg TFCA 09 TFCA 10 TFCA 11 TFCA 12 TFCA 13 TFCA 14 TFCA 15 TFCA. 16 TFCA 17 TFCA 18 TFCA 19 TFCA 20 TFCA 21 TFCA 22 TFCA 23 TFCA 24 TFCA 25 TFCA 261 TFCA 2'7 TFCA 28 TFCA "A\.f�" 'deNSGlFi �� hM 1 ,+1+, tDt. � di Please retain copy,for your records fixedafr.xls EXHIBIT F Master Cooperative.Agreement No. 43.00.X NOTICE OF TERMINATION DATE Date. To the Attention of. "SPONSOR'S Contact Name" "SPONSOR'S Address" "SPONSOR'S Address" This acknowledgment is to identify the specific TERMINATION DATE of the Master Cooperative Agreement No. 43.00.XX executed between the SPONSOR.and the AUTHORITY on (Date) The AUTHORITY received the fust payment from the DISTRICT on for the related fiscal year. (DA) Therefore the TERMINATION DATE,pursuant to Section III, Section I of the AGREEMENT, is (Dam,22 months from Dere A) Other than identifying the specific TERMINATION DATE to this AGREEMENT,this Exhibit in no other manner modifies the AGREEMENT. AUTHORITY Date \Wie11e\c1WPFILESWodce of Termination Date(Exh.f").wpd