HomeMy WebLinkAboutMINUTES - 12052006 - C.39 TO: BOARD OF SUPERVISORS -
FROM: Transportation Water and Infrastructure Committee �, =� Contra
(Federal Glover, Chair) -;,,�, ._ ''• COSta
- � County
DATE: November 13, 2006
SUBJECT: IMPLEMENTATION OF THE DOUGHERTY VALLEY TRANSIT DEMONSTRATION PROJECT
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) 8r BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. APPROVE and AUTHORIZE the Community Development Director to sign the Public
Mass Transportation Service Agreement (Agreement) with the Central Contra Costa
Transit Authority (CCCTA) to implement the Dougherty Valley Transit Demonstration
Project(see Exhibit A)from December 18, 2006 to December 19, 2011,for an amount not
to exceed $2,367,109; and
2. ALLOCATE revenue from Special Revenue Fund No. 139200 to the CCCTA subject to the
terms of the Agreement.
FISCAL IMPACT
NONE to the General Fund. The County has established a funding source for the Dougherty
Valley Transit Demonstration Project (Project) through Approved Permits for subdivisions in
Dougherty Valley. These permits require applicants to participate in the initiation of public mass
transportation service in Dougherty Valley by paying to the County a one-time fee assessed on
each new dwelling unit. This revenue is deposited in Special Revenue Fund No. 139200.
The Agreement includes a financial plan for operating the Project. The total cost of the Project
is$3,710,648. The County's contribution consists of fee revenue collected from building permits
issues in Dougherty Valley, which are estimated to reach $2,367,109 at buildout. At this point
$468,928 in fee revenue has been collected. CCCTA has assembled revenue from other
sources to complete the financial plan.
The Agreement allows the County to terminate the Project if fees fall below the levels needed
for operating the buses. The Agreement seeks to avoid funding shortfalls through use of interest
earned on fee revenue as a contingency fund for the Project. At this point approximately
$22,000 in interest has been earned. Allocation of revenue from this contingency fund would
require a separate action of the Board and an amendment to the Agreement.
CONTINUED ON ATTACHMENT. X YES
_ RECOMMENDATION OF UN MINISTRATOR X RECOMMENDATION OF BOARD COMMITTEE
—APPROVE OT
• �v
SIGNATURE ervisor Ma Ne•edl Pie ho Supervisor Federal D. Glover
ACTION OF BOARD ON beembff .5 &M APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ABSENT QI ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE
ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE
vlaCaiw! 5i5Tw_1- � SHOWN.
Contact: Steven Goetz/ (925/335-1240) �r�y/�
cc: Community Development Department (CDD) ATTESTED bec�r►1.&C -6, Z
County Counsel JOHN CULLEN, CLERK OF
Public Works, B. Balbas THE BOARD OF SUPERVISORS
CCCTA, C. Dahlgren (via CDD) AND COUNTY ADMINISTRATOR
City of San Ramon, L. Bobadilla (via CDD) _I ��
BY , DEPUTY
G:\Transportation\TWIC\2006\Board Orders\DVTransit.Demoproject.doc
IMPLEMENTATION OF THE DOUGHERTY VALLEY TRANSIT DEMONSTRATION PROJECT
November 13, 2006
Page 2
BACKGROUND/REASONS FOR RECOMMENDATIONS
The Board has expressed a desire to address the need for public mass transportation in
Dougherty Valley as part of its adoption of the Dougherty Valley Specific Plan and related
environmental documents, and the Agreement to Settle Litigation Relating to the Dougherty
Valley General Plan Amendment, Specific Plan and Environmental Impact Report. In 2004,the
County, San Ramon, Danville, affected transit operators and developers, prepared the
Dougherty Valley Transit Studywhich recommended implementation of fixed-route bus service
for Dougherty Valley residents via Bollinger Canyon Road. The County has also established a
one-time fee ranging from $431 to $500 on each new dwelling unit to help initiate the provision
of public transit in Dougherty Valley. The fee requirement allows the County to allocate fee
revenue to a transit provider if the transit provider prepares a service plan, a financial plan for
this service, and a performance measure to be used for incorporating the newly established
service with the other bus routes funded by the transit provider.
CCCTA's service area encompasses Dougherty Valley. Earlier this year CCCTA prepared a
five-year service plan, financial plan and performance measure to implement the Project. The
Project implements fixed-route bus service by operating a new route, Route 135, between
Bishop Ranch and the East Dublin/Pleasanton BART Station via Bollinger Canyon Road.
Exhibit A provides a description of Route 135 and a financial plan. This route is consistent with
the recommendation of the Dougherty Valley Transit Study. In April, the CCCTA Board of
Directors approved Resolution No. 2006-031 adopting the Project,with the understanding that
final approval of the service plan will be considered following completion of the public hearing
process.
On July 18, 2006, the Board of Supervisors:
• Supported the Project as proposed by CCCTA;
• Declared its intent to allocate revenue from Special Revenue Fund No. 139200 subject to
the terms of a mutually-agreeable contract between CCCTA and the County to implement
the Project;
• Referred to the Transportation water and Infrastructure Committee (Committee) the
agreement with CCCTA to implement the Project.
On November 13, 2006, the Committee reviewed the Agreement. It includes a service plan, a
financial plan for this service, and a performance measure to be used for incorporating the
newly established service with the other bus routes funded by CCCTA. The agreement covers
five full years of transit service. County staff indicated that the agreement had been reviewed
by the attorneys of the County and CCCTA.
County staff also reported on their efforts with the staff of CCCTA and San Ramon to identify
other revenue that would help ensure full funding of Route 135. In July a request for$50,000
was submitted to the Bay Area Air Quality Management District's (Air District) Transportation
Fund for Clean Air Regional Fund to help fund the first year of this service. Staff learned last
month that this request was not recommended by Air District staff. County staff stated that they
would continue to explore other opportunities to help reinforce the financial plan for the Project.
On November 1, CCCTA's Administration and Finance Committee recommended that CCCTA
approve the Agreement. On November 16, this recommendation will be considered by the
CCCTA Board of Directors. The Transportation Water and Infrastructure Committee
recommends that the Board of Supervisors approve the Agreement and allocate the fee
revenue pursuant to the provisions of this Agreement.
Exhibit A: Public Mass Transportation Agreement for the Dougherty Valley Transit Demonstration Project
EXHIBIT A
PUBLIC MASS TRANSPORTATION
SERVICE AGREEMENT
Dougherty Valley Transit Demonstration Project
This PUBLIC MASS TRANSPORTATION SERVICE AGREEMENT (Agreement) is
entered into effective this _ day of 2006, between the CENTRAL CONTRA
COSTA TRANSIT AUTHORITY ("CCCTA"), a joint exercise of powers entity created,
existing and in good standing under California Government Code Sections 6500, et seq., and the
COUNTY OF CONTRA COSTA, a political subdivision of the State of California("County").
RECITALS
THE PARTIES ENTER THIS AGREEMENT on the basis of the following facts,
understandings and intentions:
A. The County desires to address the need for public mass transportation in the
Dougherty Valley by implementing the Public Transit Demonstration Project for the Dougherty
Valley(Project), consistent with the adopted policies of the Dougherty Valley Specific Plan, and its
certified Supplemental Environmental Impact Report and subsequent Addendums, the Agreement
to Settle Litigation Relating to the Dougherty Valley General Plan Amendment, Specific Plan and
Environmental Impact Report, and the findings of the Dougherty Valley Transit Feasibility Study.
B. The County has established a funding source for the Project through a one-time
transit fee, ranging from $431 to $500, assessed on each new dwelling unit constructed in the
subdivisions known as "Gale Ranch Phase 3", "Windemere Phases 3 — 5" and "Gale Ranch
Phase 4" in Dougherty Valley. Said transit fees are collected from developers and retained in a
special transit reserve trust fund established for the Project.
C. The County may allocate fee revenue from the special transit reserve trust fund to
a transit provider for public mass transportation in Dougherty Valley if the transit provider
provides a plan for public mass transportation service, a financial plan for this service, and a
performance measure to be used for incorporating the newly established service with other bus
routes funded by the transit provider. CCCTA has complied with these requirements, as
evidenced by actions approved by the Board of Supervisors on July 18, 2006, and adoption of the
Proposal for Public Transit Demonstration Project for the Dougherty Valley (Proposal) by the
CCCTA Board of Directors on April 20, 2006 (Resolution No. 2006-31).
j 1271160.3
PUBLIC MASS TRANSPORTATION
SERVICE AGREEMENT
Dougherty Valley Transit Demonstration Project
This PUBLIC MASS TRANSPORTATION SERVICE AGREEMENT (Agreement) is
entered into effective this _ day of 2006, between the CENTRAL CONTRA
COSTA TRANSIT AUTHORITY ("CCCTA"), a joint exercise of powers entity created,
existing and in good standing under California Government Code Sections 6500, et seq., and the
COUNTY OF CONTRA COSTA, a political subdivision of the State of California("County").
RECITALS
THE PARTIES ENTER THIS AGREEMENT on the basis of the following facts,
understandings and intentions:
A. The County desires to address the need for public mass transportation in the
Dougherty Valley by implementing the Public Transit Demonstration Project for the Dougherty
Valley(Project), consistent with the adopted policies of the Dougherty Valley Specific Plan, and its
certified Supplemental Environmental Impact Report and subsequent Addendums, the Agreement
to Settle Litigation Relating to the Dougherty Valley General Plan Amendment, Specific Plan and
Environmental Impact Report, and the findings of the Dougherty Valley Transit Feasibility Study.
B. The County has established a funding source for the Project through a one-time
transit fee, ranging from $431 to $500, assessed on each new dwelling unit constructed in the
subdivisions known as "Gale Ranch Phase 3", "Windemere Phases 3 — 5" and "Gale Ranch
Phase 4" in Dougherty Valley. Said transit fees are collected from developers and retained in a
special transit reserve trust fund established for the Project.
C. The County may allocate fee revenue from the special transit reserve trust fund to
a transit provider for public mass transportation in Dougherty Valley if the transit provider
provides a plan for public mass transportation service, a financial plan for this service, and a
performance measure to be used for incorporating the newly established service with other bus
routes funded by the transit provider. CCCTA has complied with these requirements, as
evidenced by actions approved by the Board of Supervisors on July 18, 2006, and adoption of the
Proposal for Public Transit Demonstration Project for the Dougherty Valley (Proposal) by the
CCCTA Board of Directors on April 20, 2006 (Resolution No. 2006-31).
1 1271160.3
D. CCCTA's service area encompasses Dougherty Valley.
E. CCCTA has determined that it is in the public interest and within the scope of
CCCTA's powers to provide additional public mass transportation services in Dougherty Valley.
F. The County desires to give CCCTA full operational and managerial discretion
consistent with the terms of this Agreement and applicable law over the means of providing the
public mass transportation services contemplated by this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and promises of the
parties, the parties agree as follows:
1. Term. The term of this Agreement shall commence on December 18, 2006, and
terminate on December 19, 2011, unless otherwise terminated, modified or renewed as provided
in this Agreement.
2. Service Plan. As part of the Project, CCCTA agrees to operate a new public
transit fixed route, designated as CCCTA "Route 135", between the San Ramon Transit Center
to the Dublin/Pleasanton BART Station generally along Bollinger Canyon Road and Dougherty
Road in accordance with the Proposal. This route will be operated Mondays through Fridays,
except for the Holidays listed in Section 3 of this Agreement, from 6:00 am until 7:30 pm with a
basic service frequency of 45 to 50 minutes. During the first 12-months of the term of this
Agreement, Route 135 will run on 20 to 40 minute headways from 6:00 a.m. until 7:30 a.m. and
from about 3:00 p.m. until 5:00 p.m. After December 18, 2007, and for the remaining term of
this Agreement, Route 135 will run on 30-minute headways from 6:00 a.m. until 9:00 a.m. and
from 3:00 p.m. to 7:00 p.m. Route 135 will have a limited number of stops located at strategic
locations, to be determined by CCCTA, in consultation with the City of San Ramon and the
Developer, designed to attract the largest number of passengers possible. CCCTA staff will
create a public timetable and will make available to the public the County Connection Customer
Service phone number for information regarding this new service. Route 135 is further
described in the route map and financial plan attached to and made part of this Agreement as
Exhibit A CCCTA may make adjustments to the service route, total service hours and schedule,
after consulting with the Dougherty Valley Transit Advisory Committee, except that
adjustments to total annual service hours that exceed ten (10) percent from the service hours in
the Proposal must be approved by the Board of Supervisors.
2 1271160.3
3. Holidays. Service shall not operate on New Year's Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day or Christmas Day.
4. Buses.
a. Maintenance. CCCTA shall provide, or cause to be provided, at its sole
discretion, buses in good condition and repair for the performance of the services contemplated
by this Agreement. CCCTA shall service and perform preventative maintenance on the buses
pursuant to its standard operating policies. Buses shall be neat and clean.
b. Accessibility. All vehicles provided for service under this Agreement shall
be fully accessible to person with disabilities as required under the Americans With Disabilities
Act(ADA) of 1990.
5. Drivers. CCCTA shall provide the drivers necessary to perform the services
required under this Agreement. CCCTA shall require that the drivers have training consistent
with, and experience similar to, drivers of similar CCCTA routes. Drivers shall hold valid
California Class B motor vehicle licenses.
6. Compensation. Exhibit A sets forth the detailed financial plan for Route 135. For
the provision of the service contemplated in this Agreement, the County agrees to pay CCCTA
$2,367,109, allocated as shown for "County Developer Fee Payments" in the Financial Plan of
Exhibit A:
The County's financial responsibility under this Agreement will not exceed the revenue
available in the special transit reserve trust fund identified as Fee Trust Fund No. 819200-0800,
consisting of collected transit fees, grants, other funding secured by County for the Project, and
accrued interest.
7. Payment.
a. Payment Provisions. Payments from the County to CCCTA shall be made
quarterly in arrears in equal amounts according to the yearly amounts specified above.
b. Invoices. CCCTA shall send to the County of Contra Costa, Community
Development Department, at the end of each quarter, an invoice stating the amount due. The
County shall pay the amount due to CCCTA within 45 days of receipt of CCCTA's invoice. The
3 1271160.3
County's personnel or its designated representative may audit the records of CCCTA pursuant to
Section 14,but only to confirm the accuracy of the statements in the invoice.
8. Contingency Fund. The County agrees to establish a contingency fund for the
operation of Route 135. This fund shall consist of any revenue in the Fee Trust Fund No.
819200-0800 not needed to satisfy the County's obligation in Section 6 of this Agreement. The
contingency fund may be used at the County's discretion either: a) to pay for shortfalls in other
revenue assumed to be available for the Project as included in the Financial Plan of Exhibit A of
this Agreement; b) to fund service that supplements the service level of Section 2 above; or c) to
fund the continued operation of Route 135 beyond the current term. County shall provide
CCCTA with quarterly financial reports on the status of the Fee Trust Fund No. 819200-0800.
In the event that funds are insufficient to cover the cost of operating Route 135, County and
CCCTA will use best efforts to locate supplemental funding. If funds are not sufficient, CCCTA
may terminate service in accordance with Section 15, Termination, below.
9. Fare Structure. CCCTA shall establish fares for Route 135 based upon its
standard fixed-route fare structure. All fare revenues shall be retained by CCCTA to support
Route 135, as set forth in the Financial Plan of Exhibit A. CCCTA reserves the right to revise
fares as necessary in its complete discretion.
10. Continuation of Route 135.
a. Performance Standard: CCCTA will assess whether to include Route 135
as part of its system of fixed routes funded by CCCTA after the term of this Agreement expires.
If passengers per revenue hour on Route 135 meet or exceed seventy percent(70%) of CCCTA's
system average for its fixed route service during the second quarter of Fiscal Year 2011,
inclusion will be favorably considered.
b. Monitoring Performance. CCCTA will monitor the performance of Route
135 quarterly in accordance with its customary practice for reviewing fixed route service, and
meet with the County as needed to review and consider possible modifications to the operation
of Route 135, if appropriate.
11. Compliance with Laws. CCCTA shall comply with all laws, regulations and
orders of any federal, state, county, regional or municipal authority applicable to the service.
4 1271160.3
12. Independent Contractor. In performing under this Agreement, CCCTA shall act
at all times as an independent contractor. Nothing contained herein shall be construed or applied
so as to create the relationship of principal and agent, or of employer and employee, between
the County and CCCTA or its agents or employees.
13. Notices. All required or permitted payments, reports, demands and notices may
be sent by ordinary mail. Notices that are mailed shall be deemed delivered two (2) business
days after deposited in the mail. Notices may be personally delivered and shall be deemed
delivered at the time delivered to the appropriate address set forth below. Until notified
otherwise in writing, CCCTA shall send or deliver all such communications relating to this
Agreement to the following address:
Contra Costa County Community Development Department
651 Pine Street, 4th Floor,North Wing
Martinez, CA 94553-0095
Attn: Steven L. Goetz, Deputy Director for Transportation Planning
And, the County shall send all such communications to the following address:
Central Contra Costa Transit Authority
2477 Arnold Industrial Way
Concord, CA 94520
Attn: Celinda Dahlgren, Director of Administration
14. Records and Audit.
a. Financial Records: CCCTA shall maintain true and complete records in
connection with the service and all transactions related thereto, and shall retain all such records
for at least thirty-six (36) months after the end of the calendar year in which the service is
performed. The County may from time to time and at any time during the foregoing period of
record retention make an audit of all records of CCCTA relating to the service; but only for the
purpose of assessing the accuracy of reports or information received from CCCTA.
b. Reports: CCCTA shall provide to the County ridership and performance
reports as needed for the County to comply with the terms and conditions of the funding sources
(e.g. Permit and Grant funds as set forth in the Route 135 Financial Plan attached as Exhibit A)).
CCCTA and the County shall mutually agree upon a format and the content of such reports, and
the frequency with which the reports shall be provided to the County.
5 1271160.3
15. Termination of Agreement. Either party may terminate this Agreement at any
time by giving written notice of termination to the other, which shall specify the effective date
thereof. The notice of termination shall be given at least ninety (90) days before its effective
date,
If the Agreement is terminated as provided in this section, CCCTA will be paid for the
entire period in which it provided service and for the actual and reasonable costs it deems
necessary to effect such termination. Partial year's service shall be prorated.
Upon termination, CCCTA shall submit a written closing statement to the County to
specify the contribution due from the County for which CCCTA has not been previously paid
together with any termination costs mutually agreed upon by County and CCCTA. County shall
pay said account within forty five (45) days of receipt.
16. Entire Agreement. This Agreement is the entire agreement of this matter between
the parties and supersedes all prior negotiations and understandings with respect thereto.
CCCTA and the County each acknowledges that it has not relied upon any promise,
representation or warranty not expressly set forth in this Agreement in executing this
Agreement. If any provision of this Agreement is void or otherwise unenforceable, the
remainder of the Agreement shall continue in full force and effect. Changes affecting the
obligations of the parties set forth in this Agreement shall be by written amendment signed by
both parties.
17. 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, be
reasonably interpreted to give effect to the intentions of the parties.
18. Headings. The descriptive headings used in this Agreement are for convenience
only and shall not control or affect the meaning or construction of any of its provisions.
19. Time of Essence. Time is of the essence in this Agreement.
20. Waiver. No waiver by either party of any default or breach of any covenant by
the other hereunder shall be implied from any omission to take action on account of such default
if such default persists or is repeated and no express waiver shall affect any default other than
6 1271160.3
the default specified in the waiver and then said waiver shall be operative only for the time and
to the extent herein stated. Waivers of any covenant, term or condition contained herein shall
not be construed as a waiver of any subsequent breach of the same covenant, term or condition.
No waiver of any provision under this Agreement shall be effective unless in writing and signed
by the waiving party.
21. Attorneys' Fees. In the event either of the parties brings an action or legal
proceeding due to an alleged breach of this agreement, the prevailing party shall be entitled to
recover reasonable attorneys' fees and costs as determined by a court of competent jurisdiction.
22. Controlling Law. This Agreement and all matters relating to it shall be governed
by the laws of the State of California.
23. Authority. All parties executing this Agreement represent and warrant that they
are authorized to do so.
'] 1271160.3
IN WITNESS WHEREOF, the parties have hereunto set their hands the date and year first
above written.
CENTRAL CONTRA COSTA TRANSIT AUTHORITY
By: Rick Ramacier, General Manager
Date:
APPROVED AS TO FORM:
By: Madeline Chun, Legal Counsel Central Contra Costa Transit Authority
$ 1271160.3
CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPT.
By:
Date:
APPROVED AS TO FORM:
9 1271160.3
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Here is a copy of the signed agreement from Board of Supervisor's meeting
from December 5, 2006 item number C.39. Please let me know if there is
anything else you need from me.
Have a nice day.
Marjorie Koll, Secretary
Community Development Department RECEIVE®
Phone: 51235
Fax: 5-1300 FEB 2 6 2007
CLERK BOARD OF SUPERVISORS
CONTRA COSTA CO.
C.39
TO: BOARD OF SUPERVISORS
FROM: Transportation Water and Infrastructure Committee " � Contra
(Federal Glover, Chair) - Costa
DATE: November 13, 2006 ' eau.:
County
SUBJECT: IMPLEMENTATION OF THE DOUGHERTY VALLEY TRANSIT DEMONSTRATION PROJECT
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) 8r BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. APPROVE and AUTHORIZE the Community Development Director to sign the Public
Mass Transportation Service Agreement (Agreement) with the Central Contra Costa
Transit Authority (CCCTA) to implement the Dougherty Valley Transit Demonstration
Project(see Exhibit A)from December 18, 2006 to December 19,2011,for an amount not
to exceed $2,367,109; and
2. ALLOCATE revenue from Special Revenue Fund No. 139200 to the CCCTA subject to the
terms of the Agreement.
FISCAL IMPACT
NONE to the General Fund. The County has established a funding source for the Dougherty
Valley Transit Demonstration Project (Project) through Approved Permits for subdivisions in
Dougherty Valley. These permits require applicants to participate in the initiation of public mass
transportation service in Dougherty Valley by paying to the County a one-time fee assessed on
each new dwelling unit. This revenue is deposited in Special Revenue Fund No. 139200.
The Agreement includes a financial plan for operating the Project. The total cost of the Project
is$3,710,648.The County's contribution consists of fee revenue collected from building permits
issues in Dougherty Valley, which are estimated to reach $2,367,109 at buildout. At this point
$468,928 in fee revenue has been collected. CCCTA has assembled revenue from other
sources to complete the financial plan.
The Agreement allows the County to terminate the Project if fees fall below the levels needed
for operating the buses. The Agreement seeks to avoid funding shortfalls through use of interest
earned on fee revenue as a contingency fund for the Project. At this point approximately
$22,000 in interest has been earned. Allocation of revenue from this contingency fund would
require a separate action of the Board and an amendment to the Agreement.
CONTINUED ON ATTACHMENT: X YES
— RECOMMENDATION OF COUNTY ADMINISTRATOR X RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S): Supervisor Mary Nejedly Piepho Supervisor Federal D. Glover
ACTION OF BOARD ON APPROVED AS RECOMMENDED _ OTHER
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
_ UNANIMOUS (ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE
ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE
SHOWN.
Contact: Steven Goetz/ (925/335-1240)
cc: Community Development Department (CDD) ATTESTED
County Counsel JOHN CULLEN, CLERK OF
Public Works, B. Balbas THE BOARD OF SUPERVISORS
CCCTA, C. Dahlgren (via CDD) AND COUNTY ADMINISTRATOR
City of San Ramon, L. Bobadilla (via CDD)
BY , DEPUTY
G:\TransportationVrWIC\2006\Board Orders\DVTransit.Demoproject.doc
IMPLEMENTATION OF THE DOUGHERTY VALLEY TRANSIT DEMONSTRATION PROJECT
November 13, 2006
Page 2
BACKGROUND/REASONS FOR RECOMMENDATIONS
The Board has expressed a desire to address the need for public mass transportation in
Dougherty Valley as part of its adoption of the Dougherty Valley Specific Plan and related
environmental documents, and the Agreement to Settle Litigation Relating to the Dougherty
Valley General Plan Amendment, Specific Plan and Environmental Impact Report. In 2004,the
County, San Ramon, Danville, affected transit operators and developers, prepared the
Dougherty Valley Transit Study which recommended implementation of fixed-route bus service
for Dougherty Valley residents via Bollinger Canyon Road. The County has also established a
one-time fee ranging from $431 to $500 on each new dwelling unit to help initiate the provision
of public transit in Dougherty Valley. The fee requirement allows the County to allocate fee
revenue to a transit provider if the transit provider prepares a service plan, a financial plan for
this service, and a performance measure to be used for incorporating the newly established
service with the other bus routes funded by the transit provider.
CCCTA's service area encompasses Dougherty Valley. Earlier this year CCCTA prepared a
five-year service plan, financial plan and performance measure to implement the Project. The
Project implements fixed-route bus service by operating a new route, Route 135, between
Bishop Ranch and the East Dublin/Pleasanton BART Station via Bollinger Canyon Road.
Exhibit A provides a description of Route 135 and a financial plan. This route is consistent with
the recommendation of the Dougherty Valley Transit Study. In April, the CCCTA Board of
Directors approved Resolution No. 2006-031 adopting the Project, with the understanding that
final approval of the service plan will be considered following completion of the public hearing
process.
On July 18, 2006, the Board of Supervisors:
• Supported the Project as proposed by CCCTA;
• Declared its intent to allocate revenue from Special Revenue Fund No. 139200 subject to
the terms of a mutually-agreeable contract between CCCTA and the County to implement
the Project;
• Referred to the Transportation water and Infrastructure Committee (Committee) the
agreement with CCCTA to implement the Project.
On November 13, 2006, the Committee reviewed the Agreement. It includes a service plan;a
financial plan for this service, and a performance measure to be used for incorporating the
newly established service with the other bus routes funded by CCCTA. The agreement covers
five full years of transit service. County staff indicated that the agreement had been reviewed
by the attorneys of the County and CCCTA.
County staff also reported on their efforts with the staff of CCCTA and San Ramon to identify
other revenue that would help ensure full funding of Route 135. In July a request for$50,000
was submitted to the Bay Area Air Quality Management District's (Air District) Transportation
Fund for Clean Air Regional Fund to help fund the first year of this service. Staff learned last
month that this request was not recommended by Air District staff. County staff stated that they
would continue to explore other opportunities to help reinforce the financial plan for the Project.
On November 1, CCCTA's Administration and Finance Committee recommended that CCCTA
approve the Agreement. On November 16, this recommendation will be considered by the
CCCTA Board of Directors. The Transportation Water and Infrastructure Committee
recommends that the Board of Supervisors approve the Agreement and allocate the fee
revenue pursuant to the provisions of this Agreement.
Exhibit A: Public Mass Transportation Agreement for the Dougherty Valley Transit Demonstration Project
i
PUBLIC MASS TRANSPORTATION
SERVICE AGREEMENT
Dougherty Valley Transit Demonstration Project
This PUBLIC MASS TRANSPORTATION SERVICE AGREEMENT (Agreement) is
entered into effective this ___ day of _ 2006, between the CENTRAL CONTRA
COSTA TRANSIT AUTHORITY ("CCCTA"), a joint exercise of powers entity created,
existing and in good standing under California Government Code Sections 6500, et seq., and the
COUNTY OF CONTRA COSTA, a political subdivision of the State of California ("County").
RECITALS
THE PARTIES ENTER THIS AGREEMENT on the basis of the following facts,
understandings and intentions:
A. The County desires to address the need for public mass transportation in the
Dougherty Valley by implementing the Public Transit Demonstration Project for the Dougherty
Valley (Project), consistent with the adopted policies of the Dougherty Valley Specific Plan, and its
certified Supplemental Environmental Impact Report and subsequent Addendums, the Agreement
to Settle I itigation Relating to the Dougherty Valley General Plan Amendment, Specific Plan and
Environmental Impact Report, and the findings of the Dougherty Valley Transit Feasibility Study.
B. The County has established a funding source for the Project through a one-time
transit fee, ranging from $431 to $500, assessed on each new dwelling unit constructed in the
subdivisions known as "Gale Ranch Phase 3", "Windemere Phases 3 — 5" and "Gale Ranch
['base 4" in Dougherty Valley. Said transit fees are collected from developers and retained in a
special transit reserve trust fund established for the Project.
C. The County may allocate fee revenue from the special transit reserve trust fund to
a transit provider for public mass transportation in Dougherty Valley if the transit provider
provides a plan for public mass transportation service, a financial plan for this service, and a
performance measure to be used for incorporating the newly established service with other bus
routes funded by the transit provider. CCCTA has complied with these requirements, as
evidenced by actions approved by the Board of Supervisors on July 18, 2006, and adoption of the
Proposal for Public Transit Demonstration Project for the Dougherty Valley (Proposal) by the
CCCTA Board of Directors on April 20, 2006 (Resolution No. 2006-31).
1271160.3
i
D. CCCTA's service area encompasses Dougherty Valley.
E. CCCTA has determined that it is in the public interest and within the scope of
CCCTA's powers to provide additional public mass transportation services in Dougherty Valley.
F. The County desires to give CCCTA full operational and managerial discretion
consistent with the terms of this Agreement and applicable Iaw over the means of providing the
public mass transportation services contemplated by this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and promises of the
parties, the parties agree as follows:
1. Term. The term of this Agreement shall commence on December 18, 2006, and
terminate on December 19, 2011, unless otherwise terminated, modified or renewed as provided
in this Agreement.
2. Service Plan. As part of the Project, CCCTA agrees to operate a new public
transit fixed route, designated as CCCTA "Route 135", between the San Ramon Transit Center
to the Dublin/Pleasanton BART Station generally along Bollinger Canyon Road and Dougherty
Road in accordance with the Proposal. This route will be operated Mondays through Fridays,
except for the Holidays listed in Section 3 of this Agreement, from 6:00 am until 7:30 pm with a
basic service frequency of 45 to 50 minutes. During the first 12-months of the term of this
Agreement, Route 135 will run on 20 to 40 minute headways from 6:00 a.m. until 7:30 a.m. and
from about 3:00 p.m. until 5:00 p.m. After December 18, 2007, and for the remaining term of
this Agreement, Route 135 will run on 30-minute headways from 6:00 a.m. until 9:00 a.m. and
from 3:00 p.m. to 7:00 p.m. Route 135 will have a limited number of stops located at strategic
locations, to be determined by CCCTA, in consultation with the City of San Ramon and the
Developer, designed to attract the largest number of passengers possible. CCCTA staff will
create a public timetable and will make available to the public the County Connection Customer
Service phone number for information regarding this new service. Route 135 is further
described in the route map and financial plan attached to and made part of this Agreement as
Exhibit A.CCCTA may make adjustments to the service route, total service hours and schedule,
after consulting with the Dougherty Valley Transit Advisory Committee, except that
adjustments to total annual service hours that exceed ten (10) percent from the service hours in
the Proposal must be approved by the Board of Supervisors.
2 1271160.3
3. Holidays. Service shall not operate on New Year's Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day or Christmas Day.
4. Buses.
a. Maintenance. CCCTA shall provide, or cause to be provided, at its sole
discretion, buses in good condition and repair for the performance of the services contemplated
by this Agreement. CCCTA shall service and perform preventative maintenance on the buses
pursuant to its standard operating policies. Buses shall be neat and clean.
b. Accessibility. All vehicles provided for service under this Agreement shall
be fully accessible to person with disabilities as required under the Americans With Disabilities
Act (ADA) of 1990.
5. Drivers. CCCTA shall provide the drivers necessary to perform the services
required under this Agreement. CCCTA shall require that the drivers have training consistent
with, and experience similar to, drivers of similar CCCTA routes. Drivers shall hold valid
California Class B motor vehicle licenses.
6. Compensation. Exhibit A sets forth the detailed financial plan for Route 135. For
the provision of the service contemplated in this Agreement, the County agrees to pay CCCTA
$2,367,109, allocated as shown for "County Developer Fee Payments" in the Financial Plan of
Exhibit A:
The County's financial responsibility under this Agreement will not exceed the revenue
available in the special transit reserve trust fund identified as Fee Trust Fund No. 819200-0800,
consisting of collected transit fees, grants, other funding secured by County for the Project, and
accrued interest.
7. Payment.
a. Payment Provisions. Payments from the County to CCCTA shall be made
quarterly in arrears in equal amounts according to the yearly amounts specified above.
b. Invoices. CCCTA shall send to the County of Contra Costa, Community
Development Department, at the end of each quarter, an invoice stating the amount due. The
County shall pay the amount due to CCCTA within 45 days of receipt of CCCTA's invoice. The
3 1271160.3
County's personnel or its designated representative may audit the records of CCCTA pursuant to
Section 14, but only to confirm the accuracy of the statements in the invoice.
8. Contin enex Fund. The County agrees to establish a contingency fund for the
operation of Route 135. This fund shall consist of any revenue in the Fee Trust Fund No.
819200-0800 not needed to satisfy the County's obligation in Section 6 of this Agreement. The
contingency fund may be used at the County's discretion either: a) to pay for shortfalls in other
revenue assumed to be available for the Project as included in the Financial Plan of Exhibit A of
this Agreement; b) to fund service that supplements the service level of Section 2 above; or c) to
fund the continued operation of Route 135 beyond the current term. County shall provide
CCCTA with quarterly financial reports on the status of the Fee Trust Fund No. 819200-0800.
In the event that funds are insufficient to cover the cost of operating Route 135, County and
CCCTA will use best efforts to locate supplemental funding. If funds are not sufficient, CCCTA
may terminate service in accordance with Section 15, Termination, below.
9. Fare Structure. CCCTA shall establish fares for Route 135 based upon its
standard fixed-route fare structure. All fare revenues shall be retained by CCCTA to support
Route 135, as set forth in the Financial Plan of Exhibit A. CCCTA reserves the right to revise
fares as necessary in its complete discretion.
10. Continuation of Route 135.
a. Performance Standard: CCCTA will assess whether to include Route 135
as part of its system of fixed routes funded by CCCTA after the term of this Agreement expires.
If passengers per revenue hour on Route 135 meet or exceed seventy percent (70%) of CCCTA's
system average for its fixed route service during the second quarter of Fiscal Year 2011,
inclusion will be favorably considered.
b. Monitoring Performance. CCCTA will monitor the performance of Route
135 quarterly in accordance with its customary practice for reviewing fixed route service, and
meet with the County as needed to review and consider possible modifications to the operation
of Route 135, if appropriate.
11. Compliance with Laws. CCCTA shall comply with all laws, regulations and
orders of any federal, state, county, regional or municipal authority applicable to the service.
4 1271160.3
12. Independent Contractor. In performing under this Agreement, CCCTA shall act
at all times as an independent contractor. Nothing contained herein shall be construed or applied
so as to create the relationship of principal and agent, or of employer and employee, between
the County and CCCTA or its agents or employees.
13. Notices. All required or permitted payments, reports, demands and notices may
be sent by ordinary mail. Notices that are mailed shall be deemed delivered two (2) business
days after deposited in the mail. Notices may be personally delivered and shall be deemed
delivered at the time delivered to the appropriate address set forth below. Until notified
otherwise in writing, CCCTA shall send or deliver all such communications relating to this
Agreement to the following address:
Contra Costa County Community Development Department
651 Pine Street, 4`h Floor,North Wing
Martinez, CA 94553-0095
Attn: Steven L. Goetz, Deputy Director for Transportation Planning
And, the County shall send all such communications to the following address:
Central Contra Costa Transit Authority
2477 Arnold Industrial Way
Concord, CA 94520
Attn: Celinda Dahlgren, Director of Administration
14. Records and Audit.
a. Financial Records: CCCTA shall maintain true and complete records in
connection with the service and all transactions related thereto, and shall retain all such records
for at least thirty-six (36) months after the end of the calendar year in which the service is
performed. The County may from time to time and at any time during the foregoing period of
record retention make an audit of all records of CCCTA relating to the service; but only for the
purpose of assessing the accuracy of reports or information received from CCCTA.
b. Reports: CCCTA shall provide to the County ridership and performance
reports as needed for the County to comply with the terms and conditions of the funding sources
(e.g. Permit and Grant funds as set forth in the Route 135 Financial Plan attached as Exhibit A)).
CCCTA and the County shall mutually agree upon a format and the content of such reports, and
the frequency with which the reports shall be provided to the County.
5 1271160.3
15. Termination of Agreement. Either party may terminate this Agreement at any
time by giving written notice of termination to the other, which shall specify the effective date
thereof. The notice of termination shall be given at least ninety (90) days before its effective
date.
If the Agreement is terminated as provided in this section, CCCTA will be paid for the
entire period in which it provided service and for the actual and reasonable costs it deems
necessary to effect such termination. Partial year's service shall be prorated.
Upon termination, CCCTA shall submit a written closing statement to the County to
specify the contribution due from the County for which CCCTA has not been previously paid
together with any termination costs mutually agreed upon by County and CCCTA. County shall
pay said account within forty five (45) days of receipt.
16. Entire Agreement. This Agreement is the entire agreement of this matter between
the parties and supersedes all prior negotiations and understandings with respect thereto.
CCCTA and the County each acknowledges that it has not relied upon any promise,
representation or warranty not expressly set forth in this Agreement in executing this
Agreement. If any provision of this Agreement is void or otherwise unenforceable, the
remainder of the Agreement shall continue in full force and effect. Changes affecting the
obligations of the parties set forth in this Agreement shall be by written amendment signed by
both parties.
17. Severabilitv. 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, be
reasonably interpreted to give effect to the intentions of the parties.
18. Headings. The descriptive headings used in this Agreement are for convenience
only and shall not control or affect the meaning or construction of any of its provisions.
19. Time of Essence. Time is of the essence in this Agreement.
20. Waiver. No waiver by either party of any default or breach of any covenant by
the other hereunder shall be implied from any omission to take action on account of such default
if such default persists or is repeated and no express waiver shall affect any default other than
1271160.3
the default specified in the waiver and then said waiver shall be operative only for the time and
to the extent herein stated. Waivers of any covenant, term or condition contained herein shall
not be construed as a waiver of any subsequent breach of the same covenant, term or condition.
No waiver of any provision under this Agreement shall be effective unless in writing and signed
by the waiving party.
21. Attorneys' Pees. In the event either of the parties brings an action or legal
proceeding due to an alleged breach of this agreement, the prevailing party shall be entitled to
recover reasonable attorneys' fees and costs as determined by a court of competent jurisdiction.
22. Controlling Law. This Agreement and all matters relating to it shall be governed
by the laws of the State of California.
23. Authority. All parties executing this Agreement represent and warrant that they
are authorized to do so.
7 1271160.3
IN WITNESS WHEREOF, the parties have hereunto set their hands the date and year first
above written.
CENTRAL CONTRA COSTA TRANSIT AUTHORITY
1
By: kick Ramacier, General Manager
Date: November 28, 2006
APPROVED AS TO FORM:
y: M e ' Chun, Legal Counsel Central Contra Costa Transit Authority
8 1271160.3
CONTRA COSTA COUNTY
By:
Date:
APPROVED AS TO FORM:
'.,�=H�SM APPROVED
By Deputy
9 1271160.3
EXHIBIT A
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