HomeMy WebLinkAboutMINUTES - 04161991 - TC.1 7C .
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TO: BOARD OF SUPERVISORS f
Co
FROM: Transportation Committee Q` „-t},,
V
DATE: April 2, 1991
SUBJECT: Inter-Agency Agreements for regional transportation planning and the
development 6f- an-Action Plan for Eastern Contra Costa County
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) S BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Approve, in substantially the form presented, and authorize the
Chair of the Board of Supervisors to execute:
1) Joint Exercise of Powers Agreement (JPA) for establishing
the TRANSPLAN Committee as the Regional Transportation
Planning Committee for eastern Contra Costa County
(Exhibit 1) ;
2) Agreement to fund development of an Action Plan for
eastern Contra Costa County (Exhibit 2) .
FISCAL IMPACT
The County's share of the JPA is $8, 500 annually to be funded by
Measure C "Return to Source" funds which are already included in
the Department's' budget. The Action Plan funding agreement provides
cost recovery for direct expenses incurred by the County serving as
Project Manager -for Action Plan development in East County.
BACKGROUND/REASONS FOR RECOMMENDATIONS
At its March 14, . 1991 meeting, the TRANSPLAN Committee approved a
Model Work Program, budget, and two inter-agency agreements for
regional transportation planning and development of an Action Plan
for the eastern subregion of Contra Costa County pursuant to
Measure C.
Exhibit 1 is a Joint Powers Agreement (JPA) between the County and
the cities of Antioch, Brentwood, and Pittsburg, to establish the
CONTINUED ON ATTACHMENT: x YES SIGNATURE
RECOMMENDATION OF COUNTY AD ISTRATOR X RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER _
SIGNATURE(S) : chroder Tom Torlakson
ACTION OF BOARD N A ril 16 1991 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
x UNANIMOUS (ABSENT —` TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: '.ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Orig: Community Development Department ATTESTED_ 41 !A_LZ tri 1991
cc: CCTA (via CDD) PHIL BATCH OR, CLERK
TRANSPLAN Committee (via CDD) THE BOARD OF SUPERVISORS
City of Antioch (via CDD) AND COUNTY ADMINISTRATOR
City of Pittsburg (via CDD
City .of Brentwood (via CDD) BY ,DEPUTY
County Administrator
continued
TRANSPLAN Committee as the. Regional Transportation Planning Committee
(RTPC) and assigns this committee with specific duties and powers to
effectuate implementation of certain Measure C requirements. This
agreement essentially formalizes the existing multi-jurisdictional
planning process for East County through the TRANSPLAN Committee.
Exhibit 2 is a separate, three-party funding agreement between the County,
the Cities, and the Contra Costa Transportation Authority to provide
financial support for development -of the Action Plan. Under this
agreement, the Authority would fund, for an amount not to exceed $275, 000,
preparation of the Action Plan. This amount would cover Action Plan
consultant(s) and the County's expenses serving as the designated Project
Manager for Action Plan development. The Authority is expected to approve
this funding agreement at their April 17, 1991 meeting.
The Office of County Counsel has reviewed and approved both inter-agency
agreements as to legal form.
The Transportation Committee recommends the Board of Supervisors approve
and authorize the Chair to execute both inter-agency agreements.
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Exhibit 1
JOINT EXERCISE OF POWERS AGREEMENT
BETWEEN
THE
COUNTY OF CONTRA COSTA
AND
THE CITIES OF
ANTIOCH, BRENTWOOD, AND PITTSBURG
FOR ESTABLISHING A
REGIONAL TRANSPORTATION PLANNING COMMITTEE
FOR EASTERN CONTRA COSTA COUNTY
THIS AGREEMENT is made and entered into this day of 1991,
by and between the COUNTY OF CONTRA COSTA, hereinafter referred to as the
"COUNTY,", and the cities of ANTIOCH, BRENTWOOD, and PITTSBURG, hereinafter
referred to as the !,"CITIES,", for the purposes of establishing a multi-
jurisdictional transportation planning process for eastern Contra Costa County
consistent with the Contra Costa Transportation Improvement and Growth Management
Expenditure Plan, hereinafter referred to as MEASURE C, and Ordinance No. 88-01
of the CONTRA COSTA 'TRANSPORTATION AUTHORITY, hereinafter referred to as the
"AUTHORITY".
RECITALS
1. Article 1 of Chapter 5 of Division 7 of Title 1 of the California
Government Code authorizes the COUNTY and CITIES to create a joint exerciseof
powers to establish a joint policy steering committee with the power to jointly
exercise certain powers common to the COUNTY and CITIES.
2. Measure C requires all jurisdictions to participate in a cooperative
multi-jurisdictional 'planning process, and requires jurisdictions to jointly
determine the appropriate measures and programs for mitigation of regional
traffic impacts through preparation of an Action Plan for Routes of Regional
Significance, hereinafter referred to as the ACTION PLAN. The ACTION PLAN is to
be prepared by a Regi6nal Transportation Planning Committee for submission to and
adoption by the AUTHORITY, and should address transportation demand, supply and
efficiency on the Routes of Regional Significance.
3. Through the TRANSPLAN Committee, the COUNTY and CITIES already have
established a multi-jurisdictional transportation planning process for the
eastern portion of Contra Costa County
4. The intent of this joint powers agreement, hereinafter referred to
as the AGREEMENT, 1 is to acknowledge the ongoing multi-jurisdictional
transportation planning process between the COUNTY and CITIES, and to establish
the TRANSPLAN Committee as the Regional Transportation Planning Committee for
eastern Contra Costa County as prescribed under the Measure C Growth Management
Program. This AGREEMENT shall serve to summarize the understanding between the
COUNTY and CITIES to establish a joint policy steering committee, the TRANSPLAN
Committee, hire consultants to assist the TRANSPLAN Committee in effectuating the
intent of Measure C, and to coordinate meetings, wherein transportation policies
and actions shall be formulated. The COUNTY and CITIES and AUTHORITY will
execute a separate three-party, funding agreement to support funding for ACTION
PLAN development.
SECTION I
Duties and Powers of the TRANSPLAN Committee:
1. The COUNTY and CITIES agree to assign the following duties to the
TRANSPLAN Committee (see TRANSPLAN Committee Administrative Procedures 9/13/90
in Exhibit A for further details) :
a. Coordination - Review and coordinate transportation plans and
transportation project proposals within the Fifth Supervisorial District or that
affect the Fifth Supervisorial District of Contra Costa County;
b. Advise commission - Advise the Contra Costa Transportation
Authority on all matters concerning MEASURE C;
C. Regional Forum - Provide East County residents a forum to
address regional transportation issues and other transportation matters, convey
information on these issues to residents and member jurisdictions, and foster
regional efforts to reduce traffic congestion.
2. The COUNTY and CITIES agree to assign to the TRANSPLAN Committee with
the following powers:
a. Accept, review, authorize and conduct transportation related
studies and reports;
b. Re�riew transportation and land use plans and/or policies and
recommend changes thereto;
C. Develop regional strategies, plans or programs to meet MEASURE
C requirements;
d. Assess eastern Contra Costa County transportation needs;
e. Advise the member jurisdictions (COUNTY and CITIES) on
transportation issues which impact the member jurisdictions and the region;
f. coordinate and advocate the region's response to local, state,
and federal agencies concerning transportation issues;
9- Appoint the region's representative(s) to the AUTHORITY's
Board, Committees and/or Subcommittee;
h. Prepare the region's advisory recommendations to the AUTHORITY
concerning all transportation related programs, policies, and regulations;
i. Hold and conduct regular public monthly meetings;
j- Gather and collect all necessary information and data; and
k. Adopt annual work program and budget to accomplish the
foregoing purposes.
SECTION II
The COUNTY and CITIES agree to:
1. Acknowledge that the TRANSPLAN Committee is the Regional
Transportation Planning for eastern Contra Costa County with its primary mission
to prepare and maintain an ACTION PLAN for Routes of Regional Significance.
2. Use the existing TRANSPLAN TECHNICAL ADVISORY COMMITTEE, hereinafter
referred to as the TAC, to prepare recommendations to the TRANSPLAN Committee on
2
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3. Conduct TRANSPLAN Committee and TAC activities in accordance with
duties and powers described in SECTION I and the previously approved
. Administrative Procedures (See EXHIBIT A) .
4. Appoint the Director of Community Development for Contra Costa
County, or his representative, as the designated Project Manager for the
TRANSPLAN Committee with the following powers to manage consultant study
activities, subject to TRANSPLAN Committee consent or approval, including, but
not limited to:
a. To make and enter into contracts;
b. To .apply for and accept grants, advances and contributions;
C. To incur debts or obligations;
d. To employ and contract for services of consultants, engineers,
attorneys, agents, and such other persons when necessary to accomplish the
foregoing purposes.
5. To allocate the cost of the TRANSPLAN Committee's annual budget using
a formula of fifty percent (50%) for each participating jurisdiction's pro-rata
share of road mileage and fifty percent (50%) based on each participating
jurisdictions's pro-rata share of population. The COUNTY's pro-rata share will
be based on the unincorporated territory included in TRANSPLAN's boundaries as
described in EXHIBIT B.
6. To adopt an annual work program and budget for the activities of the
TRANSPLAN Committee.
SECTION III
The COUNTY in its capacity as Project Manager agrees to:
1. Provide staff support to the TRANSPLAN Committee and TAC for all
activities related to the development of the ACTION PLAN. Staff support shall
include the preparation and distribution of agenda materials, and coordination
of TRANSPLAN Committee activities with other member jurisdictions, other public
agencies, community .groups, the AUTHORITY, and other Regional Transportation
Planning Committees.
2. Manage and supervise day-to-day ACTION PLAN consultant study
activities, such as approving the quality of submittals/deliverables, monitoring
the schedule, and process consultant invoices and payments.
3. Draft an annual work program and budget for approval by the TRANSPLAN
Committee.
SECTION IV
The CITIES agree to:
Pay to the COUNTY their pro-rata share of the annual cost for providing
staff support and services to the TRANSPLAN Committee, pursuant to Section II,
paragraph 2. of this AGREEMENT, within 30 days of the effective date of this
AGREEMENT: For this first year, these shares shall be in the following
amounts:
3
Jurisdiction Percent Amount
Antioch 32% $ 7,968
Brentwood 8% $ 1,992
Pittsburgh 25% $ 6,225
County 35% $ 8,715
Total 100% $24,900
The CITIES subsequent year pro-rata share of costs shall be re-negotiated and
agreed to by all parties by letter agreement.
SECTION V
It is mutually agreed:
1. Term: The term of this AGREEMENT shall remain in effect until
terminated, as provided in Section V , paragraph 2.
2. Termination: COUNTY or CITIES, upon sixty days written notice to the
Chair of the TRANSPLAN Committee, may withdraw from this agreement; provided that
the withdrawing party shall be liable for its proportionate share of any expenses
incurred up to the date of the notice of termination is received; and provided
further that in no event shall a withdrawing party be entitled to a refund for
all or any part of its contribution made under Section III.
3. Indemnity: It is mutually understood and agreed, relative to mutual
indemnification of the COUNTY and CITIES:
a. That neither COUNTY, nor any officer or employee thereof, shall
be responsible for any damage or liability occurring by reason of anything done
or omitted to be done under or in connection with any work, authority or
jurisdiction delegated to the CITIES under the AGREEMENT. It is also understood
and agreed that, pursuant to Government Code Section 895.4, the CITIES shall
fully indemnify and 'hold the COUNTY 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 the CITIES under this AGREEMENT or in
conjunction with any work, authority, or jurisdiction delegated to the CITIES
under this AGREEMENT.
b. That neither the CITIES, nor any officer or employee thereof,
shall be responsible for any damage or liability occurring by reason of anything
done or omitted to be done by COUNTY under or in connection with any work,
authority or jurisdiction delegated to the COUNTY under the AGREEMENT. It is also
understood and agreed that, pursuant to Government Code Section 895.4, COUNTY
shall fully indemnify and hold the CITIES harmless from any liability for injury
as defined by Government Code Section 810.8 occurring by reason of anything done
or omitted to be done by COUNTY under this AGREEMENT or in connection with any
work, authority, or jurisdiction delegated to the COUNTY under this AGREEMENT.
4. Notices: Any notice which may be required under the AGREEMENT shall
be in writing, shall be effective when received, and shall be given by personal
service, or by certified or registered mail, return receipt requested, to the
addresses set forth below, or to such addresses which may be specified in writing
to the parties hereto:
4
Harvey E. Bragdon
Director
Contra Costa County Community Development Department
4th Floor, North Wing
651 Pine Street
Martinez, CA 94553
Barbara Guise
Chair, TRANSPLAN
189 Sherwood Drive
Brentwood, CA 94513
S. 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.
6. Integration: This AGREEMENT represents the entire AGREEMENT of the
parties with respect to the subject matter hereof, all such agreements entered
into prior hereto are revoked and superseded by this AGREEMENT, and
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.
7. Amendment: This AGREEMENT may not be changed, modified, or rescinded
except in writing, signed by all parties hereto, and any attempt at oral
modification of this AGREEMENT shall be void and of no effect.
8. Independent Agency: COUNTY renders its services under this AGREEMENT
as an independent agency. None of the COUNTY's agents or employees shall be
agents or employees of the CITIES.
9. Assignment: The AGREEMENT may not be assigned, transferred,
hypothecated, or pledged by any party without the expressed written consent of
the other party.
10. Binding on Successors, Etc. : This AGREEMENT shall be binding upon the
successors, assignees, or, transferee of the COUNTY or CITIES 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.
11. Severability: Should any part of this AGREEMENT be declared
unconstitutional, invalid, or beyond the authority of any 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.
f
COUNTY OF CONTRA COSTA
BY:
Tom Powers
Chair, Board of supervisors
Dated:
Attest:
Phil Batchelor
Clerk of the Board of Supervisors
and County Administrator
BY:
Deputy
Dated:
Approved as to legal form:
Victor J. Westman, County Counsel
BY:
Deputy
Dated:
CITY OF ANTIOCH
BY: Dated:
Mayor
attest: Dated:
City Clerk
Approved as to legal form:
By:
City Attorney
Dated:
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CITY OF BRENTWOOD
BY: Dated:
, Mayor
attest: Dated:
, City Clerk
Approved as to legal form:
By:
City Attorney
Dated:
8
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CITY OF PITTSBURG
BY: Dated:
Mayor
attest: Dated:
City Clerk
Approved as to legal form:
By:
City Attorney
Dated:
9
EXHIBIT A
TRANSPLAN COMMITTEE
ADMINISTRATIVE PROCEDURES
10
Approved May 11, 1989
Revised September 13, 1990
TRANSPLAN COMMITTEE
ADMINISTRATIVE PROCEDURES
ARTICLE I - THE COMMITTEE
Section 1. Name. The official name of the eastern Contra Costa
County regional planning committee shall be 11TRANSPLAN Committee. "
Section 2 . Calendar Year. The calendar year for determining terms
of office shall begin on December 1, and end on November 30.
Section 3 . Composition. The TRANSPLAN Committee shall be composed
of representatives from the member jurisdictions which include the
City of Antioch ("Antioch") , the City of Brentwood ("Brentwood") ,
the City of Pittsburg ("Pittsburg") and the County of Contra Costa
("County") .
Section 4 . Membership. There shall be nine (9) voting members on
the TRANSPLA14 Committee. Each city council shall ap,-:oint two (2)
voting members, one from the city council and one from the planning
commission. The Board of Supervisors shall appoint three ( 3 )
voting members, two from the Board of Supervisors and one from the
planning commission.
Section 5 . Ter-is of _-Office. Appointments to the TRANSPLAN
L.
Committee are for two-year terms. The appointee (TRANSPLAIJ Member)
must remain a local elected officeholder or planning commissioner
to serve on the TRANSPLAN Committee. In order to provide for
staggered terms for T1ZA11SPL_:%N Members , each member jurisdiction
shall appoint one representative to a three-year initial term.
All initial terms shall commence December 1 , !938 , and ,
subject to termination as provided herein , shall ex-oire
on ';oveT-,iber 30 , 1990 , as to t,,4o-1jear terms and Novemter
'L o , 199'1 , as to three-N..,ear terms . Thereafter, terms c--:
.-'*'f ice shall commerce cn December 1 , and shall terminate
on the scccnd anniversary date of such commencement date .
I " -1 cl- any reason a TRANSPLAIN I'lember is no 11 cnq e r ,-1
n
elected of ficial or planning commissioner, his 1�_r bier
alternate shall serve in his or her place ,,nt41
"- 4
successor IS named and qualified . no C:UaliL _ed
.alternate has teen appointed, such TRAIISPLAII ,Member chali
continue to serve until the earlier of ( 1 ) zhe
appointment of his or her successor, ( 2 ) the 0-11d of the
60th day following the date such TRANSI)L,%N I'i lembor ce.-ises
to be in elected official or planning commissiorlor .
Section 6. Alternates. Each city may appoint an alternate from
't_h_eir city council to serve in place of the city council appointee ,
or appoint an alternate from the city planning commission to serve
in place of the planning commission appointee. The Board of
Supervisors may appoint alternates from the County Planning
Commission, the -East County Regional Planning commission, or other
County transportation committees to serve in place of the Board of
Supervisors or planning commission appointee. Alternates shall
serve as voting members.
Section 7 . Chair. The TRANSPLAN Chair shall be elected from among
the voting members by a majority vote. The term of office shall be
from the date of his or her election to the end of the calendar
year as established in Section 2 .
Section 8 . Vice Chair. A Vice Chair may be elected from among the
voting members by a majority vote. The term of office shall be
from the date of his or her election to the end of the calendar
year as established in Section 2 .
Section 9 . Representation. on - the Contra Costa Transportation
Commission. The TRAIISPLAN Committee shall appoint two
representatives and two alternates to the Contra Costa
Transportation Commission ("Commission") . These representatives
and alternates must be from the city councils of Antioch,
Brentwood, or Pittsburg. The initial terms of the representatives
and alternates will be set by the Commission, thereafter, they
shall serve two year terms. Representatives or alternates may be
removed by an absolute two-thirds vote of the TRA14SPLAII Committee
(6 votes) . If a representative or alternate is removed, the
TRANSPLAN Committee shall appoint a replacement to fill the
remainder of that.. ind,,ividualls term as soon as possible after their
removal.
Section 10 . cuorum. A quorum constitutes a majority ( five) of
TR,'.NSPLAN Committee members.
The TP_'%NSPLAN Committee shall review and
cccrClinite transportation plans and transportation project
prcn0sals Within the Supervisorial district or that
.�uper', L;
_ orial District of Contra Costa County.
Q ctr 1 '.riy� so -
J(-^-m ss i o
� .1 . The TRANSPLAN Committee -.hall
advise --"e commission on all matters concerning the Transportation
1.7.nrcvement and Growth '.!,inacfe-ent Expenditure Plan is descril--ed In
Ordin.ince 38-01 adopted by the voters of Contra Costa County on
t.
Section 3 . Regional Forum. The TRANSPLAN Committee shall provide
a forum to address regional transportation issues and- other
transportation issue, convey information on these issues to the
member jurisdictions, and foster regional efforts to reduce traffic
congestion. -
misc/cm/ trans:. In . ar--
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EXHIBIT B
MAP
OF
TRANSPLAN STUDY AREA
11
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Exhibit 2
FUNDING AGREEMENT
BETWEEN
THE CONTRA COSTA TRANSPORTATION AUTHORITY
AND
COUNTY OF .CONTRA COSTA
AND
THE CITIES OF
ANTIOCH, BRENTWOOD, AND PITTSBURG
FOR ACTION PLAN FUNDING
THIS AGREEMENT is made and entered into this day of 1991,
by and between the -COUNTY OF CONTRA COSTA, hereinafter referred to as the
"COUNTY," the cities of ANTIOCH, BRENTWOOD, and PITTSBURG, hereinafter referred
to as the "CITIES," and the CONTRA COSTA COUNTY TRANSPORTATION AUTHORITY,
hereinafter referred to as 11AUTHORITY,11to implement certain provisions Of the
Contra Costa County Transportation
ransportation Improvement and Growth Management Expenditure
Plan, hereinafter referred to as Measure C.
RECITALS
1. Measure C authorizes the AUTHORITY to expend monies for Regional
Transportation Planning and Growth Management.
2. Measure C requires all jurisdictions to participate in a cooperative
multi-jurisdictional.planning process, and encourages jurisdictions to jointly
determine the appropriate measures and programs for mitigation of regional
traffic impacts through preparation of an Action Plan for Routes of Regional
Significance, hereinafter referred to as the ACTION PLAN. The ACTION PLAN is to
be implemented following its adoption by the AUTHORITY.
3. The AUTHORITY's Growth Management Program requires that the Regional
Transportation Planning Committee prepare an ACTION PLAN to address
transportation demand, -supply and efficiency on the routes of regional
significance.
4. To facilitate the multi-jurisdictional planning process for Regional
Transportation Planning and Growth Management in the eastern portion of Contra
Costa County, the COUNTY and CITIES have entered into a separate Joint Powers
Agreement to form the TRANSPLAN Committee, which is the designated Regional
Transportation Planning Committee for eastern Contra Costa County.
5. The Joint Powers Agreement between the COUNTY and CITIES defines the
roles, responsibilities and obligations of each party in the preparation of an
ACTION PLAN for Routes of Regional significance in eastern Contra Costa County.
The COUNTY will serve as the designated Project Manager for the ACTION PLAN work
effort, and will be :responsible for management of all ACTION PLAN consultant
contracts, and coordination of the ACTION PLAN development.
6. The AUTHORITY will fund, in an amount not to exceed Two Hundred
Seventy-Five Thousand dollars ($275,000) , preparation of the ACTION PLAN
including consultant(s) work program and the COUNTY's expenses serving as the
designated Project Manager for the ACTION PLAN, consistent with the Action Plan
Work Program included as Exhibit A.
SECTION I
COUNTY AND CITIES AGREE TO:
1. Use the established Technical Advisory Committee for TRANSPLAN,
hereinafter referred to as "TAC", to oversee the ACTION PLAN preparation;
2. Jointly select consultant(s) to lead ACTION PLAN development;
I
3. Work with each adjacent region to develop a coordinated ACTION PLAN
for those Regional. Routes with significant traffic generation (origins or
destinations) from that region;
4. Develop' and implement the ACTION PLAN consistent with AUTHORITY's
Implementation Documents, and ACTION PLAN outline and list of ACTION PLAN
Products;
5. Cooperate with AUTHORITY staff or consultant responsible for
monitoring ACTION PLAN development;
6. Use the TRANSPLAN Committee to provide policy direction for ACTION
PLAN preparation.
SECTION II
COUNTY AGREES:
1. To apply all funds received under this AGREEMENT for ACTION PLAN
preparation in a manner as specified in and consistent with the Work Program
shown in Exhibit A, which is hereby incorporated into this AGREEMENT and made a
part hereof.
2. To return any unexpended funds received including interest earned
under this AGREEMENT to the AUTHORITY upon completion of the ACTION PLAN.
3. To apply all interest accrued from funds received under this
AGREEMENT toward the ACTION PLAN.
4. To allow the AUTHORITY to audit all expenditures relating to ACTION
PLAN preparation under this AGREEMENT. For the duration of the schedule contained
in Exhibit A, and for one (1) year following completion of ACTION PLAN, COUNTY
will make available to the AUTHORITY, upon AUTHORITY request, all records
relating to expenses incurred in performance of this AGREEMENT.
5. To prepare and submit timely invoices and progress reports on a
quarterly basis as specified in the invoicing procedure shown in Exhibit B
(attached) , which is hereby incorporated into this AGREEMENT and made a part
hereof.
6. Designate a COUNTY staff person as liaison to serve as the primary
contact for AUTHORITY staff and consultants.
SECTION III
AUTHORITY AGREES:
1. To transfer funds to COUNTY for ACTION PLAN on a monthly basis in
accordance with a mutually agreed cash flow schedule, adjusted based upon
quarterly invoice statements receive from the COUNTY based upon the approved Work
Program.
2
2. To provide timely notice if an audit is to be conducted.
3. To facilitate interaction with adjacent regions as appropriate, and
provide timely review and comments regarding interim products.
SECTION IV
IT IS MUTUALLY AGREED:
1. Term: The
he term of this AGREEMENT will remain in effect until
terminated as provided in Section IV, Paragraph 2 or Paragraph 3.
2. Termination: This AGREEMENT shall be subject to termination as
follows:
a. This AGREEMENT may be terminated for breach of any obligation,
covenant or condition hereof, upon notice to the breaching party. With respect
to any breach which, is reasonably capable of being cured, the breaching party
shall have thirty (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 initial notice,
unless a further extension is granted by the AUTHORITY.
b. By mutual written consent of all parties, this AGREEMENT may
be terminated at any time.
C. Except as expressly provided herein, this AGREEMENT shall
terminate upon disbursement of amounts totalling the amount set forth in Recital
6 above.
d. in the event this AGREEMENT is terminated, payment shall be
made by the AUTHORITY for all services rendered up to the time of termination,
subject to any expenditure limits applicable to this AGREEMENT.
3. Approval of Action Plan: Either the AUTHORITY or COUNTY or CITIES may
exercise an option to terminate this AGREEMENT if such party formally approves
an ACTION PLAN for eastern Contra Costa County.
4. Indemnity: It is mutually understood and agreed, relative to mutual
indemnification of the AUTHORITY, COUNTY and CITIES:
a. That neither AUTHORITY, nor any officer or employee thereof,
shall be responsible for any damage or liability occurring by reason of anything
done or omitted to be done under or in connection with any work, authority or
jurisdiction delegated to COUNTY and CITIES under the AGREEMENT. It is also
understood and agreed that, pursuant to Government Code Section 895.4, COUNTY and
CITIES shall fully indemnify and hold the AUTHORITY harmless from any liability
imposed for injury, , aB defined by Government Code Section 810.8, occurring by
reason of anything done or omitted to be done by COUNTY and CITIES under this
AGREEMENT or in conjunction with any work, authority, or jurisdiction delegated
to COUNTY and CITIES under this AGREEMENT.
b. That neither COUNTY and CITIES, nor any officer or employee
thereof, shall be responsible for 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 the AGREEMENT.
It is also understood and agreed that, pursuant to Government Code Section 895.4,
AUTHORITY shall fully indemnify and hold the COUNTY and CITIES harmless from any
liability 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.
3
5. Notices: Any notice which may be required under the AGREEMENT shall
be in writing, shall;be.effective when received, and shall be given by personal
service, or by certified or registered mail, return receipt requested, to the
addresses set forth below, or to such addresses which may be specified in writing
to the parties hereto.
Harvey E. Bragdon
Director
Contra Costa County Community Development Department
4th Floor, North Wing
651 Pine Street
Martinez, CA 94553
Robert K. McCleary
Executive Director
Contra Costa Transportation Authority
1340 Treat Blvd. , Suite 150
Walnut Creek, CA 94596
6. Additional Acts and Documents: Each party agrees to do all such
things and take all such actions, and to make, execute and deliver such other
documents and instruments, as shall be reasonably requested to carry out the
provisions, intent and purpose of the AGREEMENT.
7. Integration: This AGREEMENT represents the entire AGREEMENT of the
parties with respect to the subject matter hereof, all such agreements entered
into prior hereto :- are revoked and superseded by this AGREEMENT, and
representations, warranties, inducements, or oral agreements have been made by
any of the parties except as expressly set forth herein, or in other
contemporaneous written agreements.
8. Amendment: This AGREEMENT may not be changed, modified, or rescinded
except in writing, :signed by all parties hereto, and any attempt at oral
modification of this AGREEMENT shall be void and of no effect.
9. Independent Agency: COUNTY renders its services under this AGREEMENT
as an independent agency. None of the COUNTY's agents or employees shall be
agents or employees of the AUTHORITY.
10. Assignment: The AGREEMENT may not be assigned, transferred,
hypothecated, or pledged by any party without the express written consent of the
other party.
11. Binding on Successors, Etc. : This AGREEMENT shall be binding upon the
successors, assignees, or transferee of the AUTHORITY, COUNTY, or CITIES 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 declared
unconstitutional, invalid, or beyond the authority of any 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.
4
COUNTY OF CONTRA COSTA CONTRA COSTA TRANSPORTATION AUTHORITY
By: BY:
Tom Powers Wayne Bennett
Chair, Board of Supervisors Chair, Commission
Dated: Dated:
Attest:
Phil Batchelor BY:
Clerk of the Board of Supervisors Robert K. McCleary
and County Administrator Executive Director
BY: Dated:
Deputy
Dated:
Approved as to legal form and content:
Victor J. Westman, County Counsel
BY: BY:
Deputy CCTA
Legal Counsel
Dated: Dated:
CITY OF ANTIOCH
BY: Dated:
Mayor
attest: Dated:
City Clerk
Approved as to legal form and content:
BY:
City Attorney
Dated:
6
CITY OF BRENTWOOD
BY: Dated:
Mayor
attest: Dated:
City Clerk
Approved as to legal. form and content:
BY:
City Attorney
Dated:
7
CITY OF PITTSBURG
BY: Dated:
Mayor
attest: Dated:
City Clerk
Approved as to legal form and content:
BY:
City Attorney
Dated:
8
EXHIBIT A
WORK PROGRAM
9
TRANSPLAN
ACTION PLAN FOR ROUTES OF REGIONAL SIGNIFICANCE
MODEL WORK PROGRAM
The following document describes the model scope of work and schedule for the
preparation of the TRANSPLAN Action Plan for East Contra Costa County. It is intended to to be
used as a guide in responding to this Request for Proposal. The TRANSPLAN Committee and/or its
staff may revise the scope of work and schedule as part of the negotiation of the contract with the
Action Plan consultant.
PHASE ONE'
1 Develop Work Program
This task involves developing the work program for the Action Plan. The work
program will include.a scope of work, schedule and budget(by task) that reflects the specific program
to be undertaken by the region. (The actual scope, budget and schedule will be negotiated after
selection of the Action Plan consultant.) Task One is used as an opportunity to determine how best to
use consultant support during Action Plan preparation.
To the maximum extent possible, the Work Program makes reference to specific
sources of data and analysis, and any unusual data needs for individual Routes of Regional
Significance. The Work Program may be refined at the start of Phase Two, following data gathering
and analysis of forecasting results. The Work Program must be adopted by TRANSPLAN and the
.CCTA.
Primary Participants (Task 1)
TRANSPLAN TAC, CCTA staff and Action Plan consultant
Product (Task 1)
Action Plan Work Program
' Tasks in Phase One are not sequential.
March 21, 1991
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t
Transplan Model Work Program
page 2
2 Designate Regional Routes
Prepare and approve a map of Regional Routes which will then be circulated for
comment and adopted by CCTA (see attached map). Criteria for selection of Regional Routes are
included in the Imphe mentation Guide. It should be noted that much of this task may already be
completed by the time a consultant is under contract.
Primary Participants (Task 2)
TRANSPLAN TAC, and Action Plan consultant
Product (Task 2)
Map of Regional Routes
3 Review Data and Analysis
To avoid duplication of effort and maximize the use of available and pending work
relevant to Action Plan preparation, an inventory of available resources will be conducted concurrent
with preparation of the work program. This inventory will list the studies, reports, commuter and
other surveys and other work that would contain information useful during preparation of the Action
Plan.
Primary Participants (Task 3)
TRANSPLAN TAC and Action Plan Consultant
Product (Task 3)
Inventory of Available Data and Analysis for incorporation into Work Program and
Data Collection Plan (see products for Tasks One and Six)
4 Prepare and Implement Data Collection Plan
The following table sets out the data required for each Regional Route and major
transit route. Tables containing this information will be prepared based on work in Tasks Four and
Five. Data collection is currently being conducted as part of several work efforts, including computer
modelling, corridor studies, and Action Plan preparation as well as non-CCTA projects. As part of
each CCTA project, the Action Plan consultant, TRANSPLAN staff, and TAC will assess further data
needed for each Regional Route and major transit route beyond that already gathered. Following
preparation of inventory of available data, data needs for Action Plan work will be identified. The
Action Plan data collection plans will describe work needed to complete the tasks in the work program.
March 21, 1991
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Transplan Model Work Program
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This task includes implementation of the Data Collection Pian. Under this task, the Action Plan
consultant will conduct traffic counts and/or speed surveys at intersections on designated Regional
Routes(number and location of intersections to be determined) .
ACTION PLAN TRAVEL DATA
Data for highways and arterial streets
For each Regional Route segment, the following information will be provided for the
base year, year 20001and year 2010:
Facility Description
a) Length of road segment (in miles)
b) Number of lanes
Travel Data
a) Average daily traffic (ADT)
b) Volume to capacity (v/c) ratios and level of service (A - F) in a.m. and p.m. peak
hours
C) Travel time by direction in peak and non-peak periods
d) Travel speed by direction in peak and non-peak periods
e) Peak hour delay by direction
f) Origin/destination data
g) Average vehicle occupancy
h) Vehicle mix
Transit Data
For each Regional Transit Route, the following or comparable information will be
provided for the base year, year 2000 and year 2010:
Service Description
a) Type of vehicle in use
b) Frequency of Service during peak periods
C) Route(indicated on a map)
Performance Data
a) Average daily ridership (by route)
b) Passengers/hr (by route for peak periods)
C) Passengers/vehicle mile(by route for peak periods)
March 21, 1991
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Transplan Model Work Program
page 4
As part of this task, the Action Pian consultant will prepare a report that compiles the
information collected in Tasks Three and Four. In addition, the Action Plan consultants will present
the data collected during this task to the TRANSPLAN committee.
Primary Participants (Task 4)
Action Plan consultant
Products (Task 4)
Data Collection Plan and Report
Compilation of data collected
5 Analyze Model Results and Land Use Input
The travel analysis prepared for Regional Routes in the Action Plan will be based on
the computer modelling being performed under separate contract to the Authority. The analysis will
require adjustment of model output. Additional model runs may also be needed to obtain sufficient
detail. The analysis will examine the three time frames and the different land use scenarios used in the
computer modelling. With this analysis, the Action Plan consultants will complete the data needed for
each route segment, identify major problems to be addressed, and assess the potential to improve
operations directly (through changes to transportation supply)or indirectly (through land use policy
changes and demand management).
During this task, the Action Plan consultants will also analyze the modelling
conducted as part of OCTA corridor studies. This task will establish the basis for the preliminary
traffic service objectives to be devised at the start of Phase Two.
Primary Participants (Task 5)
Action Plan consultants
Product (Task 5)
Travel Analysis for Regional Routes: Baseline, year 2000, year 2010
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PHASE TWO
6 Prepare Preliminary Traffic Service Objectives (TSOs)
TSOs consistent with general goals adopted by the Authority will be adopted for each
regional route. TSOs will be quantified and include a target date for attainment(Descriptions of TSOs
are included in Exhibit 1). The preliminary TSOs are to be based on information contained in the
travel analysis, and described in a memo which will be available for decision makers and for
consultation with other regions. Preliminary TSOs will be approved by TRANSPLAN for review by
other regions. Any modifications based on regional review will be approved,by TRANSPLAN.
Primary Participants (Task 6)
Action Plan consultants, TRANSPLAN Staff, and TAC, (participation from other
regions will be necessary)
Products (Task 6)
Memorandum on Preliminary Traffic Service Objectives for Regional Review
Memorandum on TSOs for use in Screening Alternatives
7 Create and Screen Alternative Actions; Select Preferred Actions
During this task, a wide range of possible actions intended to contribute to the
attainment of TSOs will be devised and screened. Work in this task will draw on analysis conducted
elsewhere as identified in Task Three and Task Five. Subtasks are:
7a Compile list of alternative actions to be analyzed by identifying relevant alternatives
studied as part of other projects, and devising additional actions in the categories listed
in the Implementation Guide, (actions include land use, transit, trip reduction,
institutional/intergovernmental and highway-related policies) as appropriate to the
preliminary TSOs. Actions may include creation of high-density "pedestrian pockets,"
increasing transit service, phasing development, and creating mixed use areas.
7b Analyze individual actions to determine their relative effectiveness and feasibility.
The analysis will be multidisciplinary and qualitative in nature, including general
analysis of traffic, fiscal, and environmental effects. No modelling will be conducted
as part of the analysis in this task.
March 21, 1991
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Transplan Model Work Program
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7c Prepare report on initial screening, summarizing actions and the results of analysis.
7d Review report with region(s) sharing regional routes to discuss cross-regional and
countywide implications.
7e Select preferred actions that will be subject to further analysis.
Primary Participants (Task 7)
TRANSPLAN Staff, TAC, and Action Plan consultants, (participation from other
regions will be necessary)
Product (Task 7)
Initial Screening of Alternative Actions for TRANSPLAN Committee review
8 Analyze Preferred Actions; Select Actions for Inclusion in Plan
Intensive effort is expected during this task, when the preferred alternatives are
"packaged" together for testing. Coordination among regions will also be needed, to avoid duplication
of effort and to do early checking of political acceptability of actions. Consultant shall:
8a "Package" preferred actions into several (2 or 3) programs suitable for testing (these
will.be alternative plans, each consisting of a number of actions, to be approved by
TRANSPLAN prior to testing).
8b Assemble information on other regions' alternatives to establish context for Actions
being tested.
8c Analyze alternative programs relative to transportation impacts, costs and other factors
including environmental effects, local acceptability, and ability to meet preliminary
TSOs, using model to test each one. (model runs will be performed by model
consultants under separate contract to the Authority.)
8d Identify and define implementation programs needed to accomplish alternative
programs, including regional traffic mitigation fees or other funding measures.
8e Describe results in report on evaluation of alternative programs.
8f Meet with other regions to discuss results and policy choices.
8g Finalize TSOs, and select actions for inclusion in Action Plan, including
implemention programs.
8h Test selected program if significantly different from programs analyzed in 8c.
March 21, 1991
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i
Transplan Model Work Program
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Primary Participants (Task 8)
Action Plan consultants, TRANSPLAN Staff and TAC
(participation from other regions will be necessary)
Product (Task 8)
Preferred Action "Packages" for Regional Review
Report on Alternative Actions
9 Make Procedural Decisions
The Action Plans are to include a "Process for Monitoring and Review" that will be
developed during this task. Three sets of procedures need to be formulated by the Consultant, as
described in the subtasks below.
9a Establish a process for consultation on environmental documents. The TRANSPLAN
Committee will determine whether it wishes to establish consultation requirements that
are'more stringent than those established in State law.
9b Establish a process for General Plan Amendment Impact Review. The main tasks will
be to determine what sizes and types of General Plan Amendments will be subject to
review by the RTPC, and what responsibilities the jurisdiction considering the
amendment will have.
9c Develop a schedule for review of progress and needed revisions to the Action Plans.
The schedule should reflect the time frame of TSOs and the nature of actions included
in the Plan. For example, progress in implementing a traffic signal timing program
might appropriately be examined within a two-year framework, while an examination
of the effectiveness of land use policy changes might require five years or more.
Primary Participants (Task 9)
Action Plan consultants, TRANSPLAN Staff, and TAC
Product (Task 9)
Description of Procedures (to be incorporated into Action Plan in Task 10)
10 Draft Preliminary Action Plan
During this task the results of all prior tasks are integrated into the Action Plan, a
single document. The following outline provides an example of how traffic service objectives, travel
data, and actions might be combined in the Action Plan.
March 21, 1991
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Transplan Model Work Program
Page 8
ACTION PLAN OUTLINE (Illustrative)
I. Executive Summary
A. Summary of Actions and Implementation
Responsibilities
B. Next Steps
H. Overview
A. Background
B. Map and list of Designated Regional Routes
C. Countywide Goals ( adopted by CCTA)
D. Organization of Action Plan
III. Program for XX (specific facility; each Designated Regional Route has its own
section)
A. Facility Description
1. Description
2. Criteria for Designation as Regional Route
3. Existing Conditions
4. Planned Capital Projects
5. Anticipated Land Use Changes Affecting Future Development
B. Traffic Service Objectives and Summary of Technical Analysis
C. Actions and Implementation Responsibilies
1. Capital Projects (highway/transit)
2. Operational Improvements
3. Transportation Systems Management
4. Fees
5. Subdivision Guidelines
6. Institutional and Intergovernmental Programs
7. Other
IV. Regional Actions for Reducing Congestion: Land Use Policies and Demand
Management Strategies
A. Overall Approach
B. Actions that are not facility specific
C. Responsibility for Implementation By Jurisdiction
March 21, 1991
(93-tpwp2.6)
CONTRA COSTA TRANSPORTATION AUTHORITY
GROWTH MANAGEMENT PROGRAM
ACTION PLAN PRODUCTS
Interim Products
1 Work Program
2 Proposed Designation of Regional Routes and Identification
of Those Requiring Cooperative Action Plan Preparation
3 Inventory of Available Data and Work Plan for Data
Collection
4 Travel Analysis for Regional Routes
Baseline, 5-year, Buildout
Decision Point: Choice of Preliminary Objectives
5 Memorandum on Preliminary Traffic Service Objectives
6 Initial Screening of Alternative Actions
Decision Point: Selection of Preferred Actions
7 Analysis of Preferred Actions
Decisions Point: Actions and Objectives for Inclusion in Draft Action Plan
Action Plan Stages
I Preliminary Draft Action Plan
(for approval and comment within region)
2 Circulation Draft
(approved by region, circulated to other regions for
comment)
3 Proposal for Adoption
(for Authority review)
4 Final Action Plan
B-1-
Transplan Model Work Program
page 9
V. Process for Monitoring and Review
A. Review of General Plan amendments
B. Circulation of environmental documents
APPENDICES
A. Land Use Assumptions for Modelling/Analysis
B. Travel Analysis (by time horizon years)
C. Responses to comments (except for initial draft)
Action Plans will follow a format to be provided by the CCTA, which will also
provide text addressing background issues such as the relationship between the Action Plans and local
General Plans.
The'.Preliminary Draft Action Plan to be prepared during this Task is to be circulated
to all East County jurisdictions for approval and comment following TRANSPLAN Committee
approval.
Primary Participants (Task 10)
Action Plan consultant, TRANSPLAN TAC
Product (Task 10)
Preliminary Draft Action Plan
11 Prepare Circulation Draft Action Plan
This Task requires modifying the Preliminary Draft as needed to receive the approval
of the TRANSPLAN;Committee. During the subsequent task, the Circulation Draft is to be circulated
throughout the region, then revised as needed.
Primary Participants (Task 11)
Action Plan consultant, TRANSPLAN TAC
Product (Task 11)
Circulation.Draft Action Plan
March 21, 1991
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Transplan Model Work Program
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12 Prepare Action Plan (Proposal for Adoption)
This Task begins with distribution of the Circulation Draft
Action Plan to other;Regional Transportation Planning Committees and to the Contra Costa
Transportation Authority. Following receipt of comments from other regions, the TRANSPLAN
Committee will respond in writing to all substantive comments received. The Committee may then
choose to modify the Circulation Draft Action Plan. The Proposal for Adoption is then forwarded to
the Authority.
Primary Participants (Task 12)
Action Plan consultant,TRANSPLAN TAC (participation from all RTPCs is required
in this Task)
Product (Task 12)
Responses to Substantive Comments
Action Plan (Proposal for Adoption)
13 Finalize Action Plan
In this Task, the Proposal for Adoption will be submitted to the Contra Costa
Transportation Authority. Substantive comments received from the Authority will be responded to in
writing. If needed, the TRANSPLAN Committee will revise the Proposal for Adoption.
Primary Participants (Task 12)
Action Plan consultant, TRANSPLAN TAC
Product (Task 12)
Responses to Substantive Comments
Final Action Plan
March 21, 1991.
(93-tpwp2.6)
Transplan Model Work Program
page 11
TRANSPLAN ACTION PLAN WORK PROGRAM—Illustrative Budget
TASKS HOURS COST 11 OF TOTAL
Phase One
1 Develop Work Program 8 $600 0.2%
2 Designate Regional Routes 4 $300 0.1%
3 Review Data and Analysis 16 $1,200 0.4%
4 Prepare and Implement Data Collection 95 57,125 8.0%
Travel Data &Additional Traffic Counts $15,000
5 Analyze Model Results and Land Use Input 128 $9,600 3.5%
Phase One Total $35,825 13.0%
Phase Two
6 Prepare Preliminary Traffic Service Objectives 55 $4,125 1.5%
7 Create and Screen Alternative Actions; 442 $33,150 12.1%
Select Preferred Action
8 Analyze Preferred Actions; 612 $43,900 18.1%
Select Actions for Plan
Four Model Runs $6,000
9 Make Procedural Decisions 124 $9,300 3.4%
10 Draft Preliminary Action Plan 360 $27,000 9.8%
11 Prepare Circulation Draft Action Plan 245 $18,375 6.7%
12 Prepare Proposal for Adoption 156 $11,700 4.3%
13 Prepare Final Action Plan 94 $7,050 2.6%
Phase Two Total $162,600 59.1%
Trend Meetings& Administration 240 $18,000 6.5%
Direct Costs (see following•table) $12,575 4.6%
TOTAL CONSULTANT COST $229,000 83.3%
CONSULTANT MANAGEMENT $25,000 9.1%
CONTINGENCY FUND $25,000 E9.1%
TOTAL ACTION PLAN BUDGET $275,000 100.0%
March 21, 1991
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Transplan Model Work Program
` page 12
ESTIMATED DIRECT COSTS
Maps and Graphics $4,463
Reproduction # of Copies Cost per Copy
Task 4 Data Report 28 $12 $336
Task 5 Report 28 $12 $336
Preliminary Action Plan 115 $20 $2,304
Circulation Draft Action Plan 175 $20 $3,500
Final Action Plan 50 $20 $1,000
Travel $400
Mailing and Miscellaneous Costs $240
TOTAL DIRECT COSTS $12,575
March 21, 1991
(93-tpwp2.6)
s
EXHIBIT B
INVOICING PROCEDURES
10
EXHIBIT B
INVOICING PROCEDURES
10
EXHIBIT B
INVOICING PROCEDURES FOR ACTION PLAN BILLINGS
Invoices from Regional Transportation Planning Committee to AUTHORITY
The following invoicing procedure applies to invoicing AUTHORITY for ACTION
PLAN billings:
0 Invoices shall be prepared on a quarterly basis (Jan-March, April-June, etc.);
0 Each invoice shall be accompanied by a quarterly progress report organized
in accordance with the tasks shown in the approved Work Program;
0 The invoice shall show the name of each person, hours worked, and rate
charged;
0 Indirect costs of over $500 shall be accompanied with a backup invoice;
0 Each invoice should include a table showing the budgeted and expended
amounts —
-by task, in accordance with the agreed upon Work Program. The
table should have the following columns, with a row for each task, plus a row
for the total:
1. Amount Budgeted;
2. . Current Invoice Amount;
3. Cumulative Amount Invoiced prior to this invoice;
4. Total Invoiced to Date including this invoice; and
5. Balance Remaining assuming payment of the invoice with no
changes.
AUTHORITY shall provide monthly advance payments based on a prearranged cash
draw-down schedule, to be adjusted based on the quarterly invoice. If there is a 10% or
greater difference between the cumulative charges and the draw-down schedule, the
remaining schedule will be adjusted.
Exhibit B Page i7-of 4
Cooperative Agreement No.
Consultant Invoicing Procedure
AUTHORITY's,invoicing procedure is recommended for use by ACTION PLAN
consultants to facilitate review of consultants' invoices, and expedite payment. Consultants
should prepare invoices in accordance with the following procedure:
1. GENERAL REQUIREMENTS
1.1 CONSULTANT shall prepare invoices on a monthly basis for each complete
calendar month. Invoices shall be submitted as soon as possible after months'
end.
1.2 Each invoice should bear the following identification:
1.2.1 Transportation Authority Agreement number.
1.2.2 The sequential billing number under the Agreement (1, 2, 3, etc.).
1.2.3 Consultants' internal invoice number.
1.2.4 Date of invoice.
1.2.5 Calendar period covered by invoice.
1.3 The invoice should bear the following certification signed by an officer of the
firm:
"I hereby certify that the hours and salary rates charged in this invoice are the
actual hours and rates worked and paid to the employees listed.
Signed
Title
Date
Invoice No.
1.4 The invoice must indicate payments to DBE (Disadvantaged Business
Enterprises) firms by dollar amount and as a percentage of total invoice, must
state the DBE goals as a percentage of total Agreement value, and indicate
the extent to which the goals are being met.
1.5 The invoice must be accompanied by the following:
1.5.1 A transmittal letter, stating the period covered and the overall project
status.
1.5.2 Monthly Progress Report.
1.5.3 Budget Status Summary by task. (see item 5)
Exhibit Q
cooperatrve Agreement No. Page 2 of 4
2. LABOR COSTS (INCLUDING FEE)
Labor Costs shall be based on Federal Acquisition Regulations (FAR), and shall
include three elements: the Direct Salary Costs (actual wages paid), the Multiplier,
and the Fee. All should be shown on the invoice by Task in the following manner:
2.1 The Direct Salary Cost calculations should be shown as follows:
2.1.1 Employee name and position.
2.1.2 Hourly rate paid.
2.1.3 Number of hours worked.
2.1.4 Total amount paid to employee.
2.1.5 Sum of all amounts paid to all employees.
2.2 The FAR Multiplier should be stated and applied to the result obtained in
item 2.1.5.
2.3 The ten percent (10%) Fee should be applied to the result obtained in item
2.2. The results of this operation are the Total Direct Labor Costs.
3. DIRECT COSTS
Direct Costs are those costs directly identifiable to the performance of the specific
work of the Agreement which are not included in the Direct Salary Costs, the
Multiplier or the Fee. Costs not identified as Direct Costs in the Agreement will not
be reimbursed. Direct Costs should be invoiced by Task as follows:
3.1 For items for which a unit rate exists in the Agreement, show the following:
3.1.1 Description of item.
3.1.2 Rate per unit in Agreement.
3.1.3 Number of units for which compensation is claimed.
3.1.4 Total charge for item.
3.1.5 Sum of all charges for all items having a unit rate in the Agreement.
3.2 For items such as sub-consultants chargeable under the Agreement at the
actual cost invoiced to CONSULTANT (usually furnished by a third party),
show and provide the following:
Exhibit B
CooperativePae 3 of 4
Agreement No. g
3.2.1 Description of item.
3.2.2 Name of provider of item:
3.2.3 Amount being charged for each item.
3.2.4 A copy of the invoice for an item or a single months billing of$500 or
more.
3.25 Sum of all charges for "at invoiced cost" items.
3.3 Show the sum of items 3.15 and 3.25
3.4 Apply the handling fee, not to exceed five percent (5%), to the result
obtained in item 33. The results are the Total Direct Costs.
4. TOTAL INVOICED AMOUNT
4.1 Show the total amount billed for this invoice.
5. BUDGET STATUS SUMMARY
The invoice should include a table summarizing by task the amounts invoiced to date
and the balance remaining in the Agreement as follows:
5.1 Amount budgeted.
5.2 Current invoice amount.
5.3 Cumulative Amount Invoiced prior to this invoice.
5.4 Total Invoiced to Date including this invoice.
5.5 Balance remaining assuming payment of the invoice with no changes.
Exhibit B Pae 4 of 4
Cooperative Agreement No. g