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HomeMy WebLinkAboutMINUTES - 04111995 - 1.3 4" TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: April 11, 1995 SUBJECT: Fund Transfer Agreement - Iron Horse Trail Project No.: 0662-6R4142 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE and AUTHORIZE the Chair of the Board of Supervisors to execute the Fund Transfer Agreement between the County and the California Department of Transportation, to construct approximately three miles of bicycle trail along the Walnut Creek Channel, between Monument Blvd. and Concord Avenue in the Concord and Pleasant Hill area. II. Financiallmaact: The Fund Transfer Agreement has a positive financial impact to the County. The Fund Transfer Agreement awards the County$600,000 from the State of California, through funds appropriated by the Clean Air and Transportation Improvement Act (Proposition 116), to construct this portion of the Iron Horse Trail. III. Reasons for Recommendations and Background: The Iron Horse Trail is an important regional transportation link connecting Southern Contra Costa County to Central Contra Costa County. The regional trail begins in Pleasanton and will extend along the Southern Pacific Railroad and Walnut Creek Channel rights of way to the Suisun Bay shoreline. The total length of the Iron Horse Trail is approximately 33 miles. The proposed local project will complete three miles of trail on an existing channel maintenance road and former Southern Pacific Rail Road right-of-way from Treat Boulevard to Concord Continued on Attachment: X SIGNATURE: _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON GLfA�A 11 199 APPROVED AS RECOMMENDED_OTHER_ VOT OF SUPERVISORS UNANIMOUS (ABSENT ) AYES: NOES: ABSENT: ABSTAIN: - I hereby certify that this Is a true and correct copy of an action taken and entered on the minutess..of.the g:\transeng\mh\bol ATTESTBoard of Supervisors _._! //. 19 9.E ssors, on the date shown. Orig. Div: Public Works(T/E) PHIL BAT HELOR,CI k of the Board Contact: Mary Halle,Tel.313-2327 cc: P. Harrington, Flood Control of Supervisors and county Administrator R.Gilchrist,Accounting M.Lim,Caltrans,Local Assistance BY .geputy S.Williams, EBRPD .3 Fund Transfer Agreement- Iron Horse Trail April 11, 1995 Page 2 III. Reasons for Recommendations and Background: (Continue) Avenue. The trail connection has been incorporated in the County General Plan, the East Bay Regional Park District(EBRPD) Master Plan as well as in the local plans for the cities of Walnut Creek, Pleasant Hill and Concord. The construction of this portion of the Iron Horse Trail would provide access between the Pleasant Hill BART Station, Fair Oaks School, the Willows Shopping Center and businesses and would improve the safety of bicycle commuters from Walnut Creek, Pleasant Hill and Concord. This project will provide an important link in the local trail network as it will join portions of the Iron Horse Trail with the Contra Costa Canal Trail. The Board of Supervisors approved the submittal of an application for Proposition 116 funds and authorized the Public Works Director to execute the application along with a Cooperative Funding Agreement with the EBRPD on October 20, 1992. The Board of Supervisors determined that the project is a California Environmental Quality Act Class 4(h) Categorical Exemption and directed the Director of Community Development to file a Notice of Exemption with the County Clerk on November 17, 1992. The Fund Transfer Agreement allows the County to fulfill the Cooperative Funding Agreement for Development of the Iron Horse Trail, Walnut Creek Channel Extension between the County and EBRPD which was approved by the Board of Supervisors on March 1, 1994. The Cooperative Funding Agreement designates EBRPD as the responsible agency for the Project and the County agrees to collect grant funds from the State of California and execute Payment Requests received from EBRPD in the amount of $600,000. EBRPD will maintain and patrol the trail once completed. IV. Consequences of Negative Action: Failure to direct the Chair of the Board of Supervisors to execute the Fund Transfer Agreement between the County and the State of California for the Iron Horse Trail will jeopardize the award of these funds and/or delay construction of this portion of the trail. Agreement No. P116B-2-17 Sheet lof 3 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FUND TRANSFER AGREEMENT INITIAL DOCUMENT COVERING ALLOCATIONS OF ❑ PASSENGER RAIL AND CLEAN AIR BOND ACT OF 1990 (PROP. 108), OR 03/CLEAN AIR AND TRANSPORTATION IMPROVEMENT ACT OF 1990 (PROP. 116) BOND FUNDS, OR ❑ TRANSIT CAPITAL IMPROVEMENT FUNDS EFFECTIVE DATE OF AGREEMENT lanuant 19, 7995 RECIPIENT Counoi of Contra Costa TITLE OF COMPLETE PROJECT Iron Horse Trail Bikeway Project PHASE OF PROJECT OR COMPLETE PROJECT [� This project was programmed for 600,000. A partial allocation of$30,000 was approved on 3/10/94 for project development. The remaining$570,000 was approved for project construction on 1119/95. While this agreement shows the construction amount,it covers the entire amount allocated to the project-$600,000. CTC ALLOCATION: RESOLUTION NO. BFP-94-56 FISCAL YEAR 94195 FUND AUTHORIZATIONS: FUND SOURCE AMOUNT FISCAL YEAR LAST EXPENDITURE DATE Pro . 11 � a,o_o_0 94/95 fanuan119, 1997 TERMINATION DATE OF AGREEMENT lanuant 19. 1998 This Agreement, entered into as of the date set forth above, is between the recipient public entity identified above, hereinafter referred to as RECIPIENT, and the STATE OF CALIFORNIA, acting by and through its Business, Transportation and Housing Agency, Department of Transportation, hereinafter referred to as STATE. SECTION 1. RECIPIENT has applied to the California Transportation Commission ("CTC") for funds derived under the identified STATE Fund Source, to be allocated by CTC, for the purpose of the project named above and further described in the "Project Description" (the Project) attached as Attachment I to the Standard Provisions of Grant. Agreement No. P11613-2-17 Sheet Xof 3 SECTION 2. THE CTC has allocated funds for the Project, or a phase of the Project ("Project Phase"), in the CTC Resolution (the "Resolution") identified above and attached as Attachment II to the Standard Provisions of Grant and made a part of this Agreement. RECIPIENT shall be bound to the terms and conditions of the Resolution and all restrictions, rights, duties and obligations established therein shall inure to the benefit of CTC and be subject to any necessary enforcement action by CTC. SECTION 3. STATE has prepared the "Standard Provisions of Grant," attached and made a part of this Agreement, which, together with this document and all referenced attachments and addenda, sets forth the terms and conditions under which said funds are to be expended. SECTION 4. STATE and RECIPIENT have negotiated the "Project Description," which describes the entire Project to be constructed or acquired by RECIPIENT. Separate Project Phase descriptions, if applicable,will describe the tasks to be performed for each separate phase of the Project. Subsequent Project Phase descriptions beyond the initial approved description, if any,will be added to this Agreement by Amendment. SECTION 5. STATE and RECIPIENT have negotiated and RECIPIENT has submitted, at the time of RECIPIENT's request for allocation of funds, the "Scope of Work," (attached as Attachment III to the Standard Provisions of Grant and made a part of this Agreement), which sets forth the tasks and the estimated State bond or TCI reimbursement including progress payments, if any, or the amounts of progress payments to be made from TCI funds if authorized as part of the Scope of Work. State funding limits and the drawdown schedule established in each original or amended "Scope of Work" for every phase, initial or subsequent, shall not be exceeded or modified without a subsequent amendment and encumbrance of STATE funds. SECTION 6. The completed and signed STATE fund certification on the Scope of Work Approval document, Attachment IV to the Standard Provisions of Grant, including any funding increases allocated to subsequent phases evidenced by an amendment to Attachment IV with additional fund certifications, evidences the limited commitment of STATE funding under this Agreement. SECTION 7. Funding available to RECIPIENT under this Agreement will terminate on the Termination Date first specified above, unless earlier terminated upon written notice from STATE to RECIPIENT pursuant to Article IV, Section 6 of the Standard Provisions of Grant or extended by amendment. SECTION 8. This Agreement may be modified, altered or revised only with the joint written consent of RECIPIENT and STATE. Agreement No. P116B-2-17 Sheet Zof 3 3 SECTION 9. RECIPIENT shall not award a construction contract over $10,000 or other contracts (excluding professional services contracts) over$25,000 on the basis of a noncompetitive negotiation for work to be performed under this Agreement without the prior written approval of STATE. SECTION 10. RECIPIENT shall conform to any and all environmental obligations established in CTC Resolution G-91-2, attached as Attachment V to the Standard Provisions of Grant, at the expense of RECIPIENT or the responsible party and without further financial contribution or obligation of STATE. SECTION 11. RECIPIENT has executed this Fund Transfer Agreement pursuant to the authorizing resolution, attached as Attachment VI to the Standard Provisions of Grant. SECTION 12. The grant administrators for the parties shall be for STATE, the District Director of Transportation for the District in which the Project is located, and for RECIPIENT, its General Manager or Executive Director or Designee. IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized officers. STATE OF CALIFORNIA LOCAL NAME DEPARTMENT OF TRANSPORTATION BY BY Jim Smith N me &Title Chief, Program Management Branch Office of Local Programs Agreement No. P116B-2-17 Sheet 1 of 11 STANDARD PROVISIONS OF GRANT STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FUND TRANSFER AGREEMENT COVERING ALLOCATIONS OF STATE BOND FUNDS (PROPOSITION 108 OR 116) AND TRANSIT CAPITAL IMPROVEMENT FUNDS RECIPIENT has agreed to accept the applicable provisions contained herein, including all Attachments and Addenda (these "Provisions"), as a condition of its acceptance of a grant from these sources. The State of California, acting through the Department of Transportation, referred to herein as STATE, shall have the administrative responsibilities described in these Provisions. ARTICLE I. PROJECT DESCRIPTION SECTION 1. RECIPIENT agrees to complete the Project, or the identified Project Phase thereof, as described in the attached Project Description and Scope of Work for the identified Project or Project Phase. Reference hereinafter to the Project shall also mean the Project Phase if appropriate. SECTION 2. RECIPIENT agrees that if STATE funds prove insufficient to complete the described Project and open it to revenue operation, that payment_of any additional amounts required shall be the sole responsibility of RECIPIENT. RECIPIENT further agrees that it will secure and provide,without further STATE assistance under this Fund Transfer Agreement process, such additional resources as are necessary to pay these additional amounts and expeditiously complete the Project. ARTICLE II. SCOPE OF WORK SECTION 1. RECIPIENT shall be responsible for complete performance of the work described in the approved Scope of Work document for the Project corresponding to that commitment of future State funds. All work shall be accomplished in accordance with the applicable provisions of the Public Utilities Code and the Streets and Highways Code. All architectural and engineering work for Project shall be the sole responsibility of RECIPIENT and any oversight review of Project plans, specifications and estimates by STATE shall not act to transfer any responsibility or liability to STATE relative to STATE's participation in that review process. Agreement No. P11613-2-17 Sheet 2 of 11 SECTION 2. RECIPIENT acknowledges and agrees that RECIPIENT is the sole control and manager of the proposed Project and its subsequent employment for the benefit of the public. RECIPIENT shall be solely responsible for complying with the funding and use restrictions established by the statutes from which the funds are derived, the CTC, the State Treasurer, the Internal Revenue Service, and the terms of this Agreement. RECIPIENT shall indemnify, defend and hold harmless the STATE, the CTC and the State Treasurer relative to any misuse by RECIPIENT of State funds, Project property or Project generated income or other fiscal acts or omissions of RECIPIENT. SECTION 3. A Schedule of Tasks and a drawdown schedule of Estimated Progress Payments are included in the Scope of Work document. STATE need not pay RECIPIENT a cumulative amount greater than the cumulative amount identified in the Schedule for any time period, or any earlier, than the dates authorized in the drawdown schedule of payments or the Quarterly Cash Expenditure document, where applicable. SECTION 4. The Scope of Work includes an estimated completion date or dates for each of the Project Phases or items of work identified therein and RECIPIENT shall conform to those completion dates. ARTICLE III. PAYMENT SECTION 1. RECIPIENT agrees to contribute at least the statutorily required local contribution (other than state or federal funds) toward the cost of the Project, or the amount specified in the SB2800 (Streets and Highways Code Section 164.53) commitment of future State funds,whichever is greater, from funds available to it. RECIPIENT shall contribute its required amount of the cost of the Project in accordance with a schedule of payments as shown in a Quarterly Cash Expenditure Plan prepared by RECIPIENT as part of the Scope of Work document. SECTION 2. Not more frequently than once a month,but at least quarterly, RECIPIENT will prepare and submit to STATE (directed to the attention of the STATE Headquarters accounting office responsible for administration of the Project for STATE) Progress Payment Vouchers consistent with the Scope of Work document. Each such voucher will report the total expenditures from all sources and will specify the percent of state reimbursement requested and the fund source. The voucher should also summarize STATE money requested by category (right of way, construction and rolling stock) and be accompanied by a report describing the overall work status and progress on tasks for the applicable Project. If applicable, the first voucher shall also be accompanied by a report describing any tasks specified in the Scope of Work document which were accomplished prior to the Effective date of this Agreement,for which costs are to be credited toward the required local Agreement No. P116B-2-17 Sheet 3 of 11 contribution described in Article.III, Section 1 of these Provisions pursuant to.an executed Agreement for Local Match Fund Credit between RECIPIENT and STATE. SECTION 3. Should RECIPIENT have a valid Memorandum of Understanding (MOU) for "Expedited Payment" on file with STATE Department of Transportation, Headquarters Accounting office, RECIPIENT will, not more frequently than as authorized by that MOU; prepare and submit to STATE a Rail Bond Expedited Payment Invoice for rail bond reimbursements consistent with that MOU and the Scope of Work document. The original invoice copy shall be mailed or faxed to: Department of Transportation, Division of Accounting, Attention: Bond Fiscal Managemeant Unit, P.O. Box 942874, Sacramento, CA 94274-0001, (FAX#916-227-8787). As set forth in the MOU, all appropriate supporting documentation and remaining invoice copies are to be contemporaneously submitted to the appropriate Departmental Project Administrator. A warrant for each invoice will be issued by the State Controllers Office within 10 calendar days from receipt of an acceptable invoice. Invoices will be approved for this expedited payment, provided they are not one-time payments or final payments. One-time payments and final payments, eligible for expedited pay, will have 10% of the invoice amount withheld pending approval from the STATE's Project Administrator of all required documents submitted by RECIPIENT. STATE TCI fund reimbursements cannot be invoiced under this MOU process. SECTION 4. Final payment vouchers must be submitted not later than one month after the Last Expenditure Date noted on the face sheet of the Fund Transfer Agreement. Reimbursement will be made only for work performed after the Effective date of this agreement and prior to the Last Expenditure Date. As used in this agreement, "Last Expenditure Date" refers to the last date for RECIPIENT to expend any funds from any of the state funding sources referenced on the face sheet of the Fund Transfer Agreement. SECTION 5. Delivery by STATE of any funds provided pursuant to this Agreement is contingent upon prior budget action by the legislature, fund allocation by CTC, submittal by RECIPIENT and approval by STATE of all documentation required by Government Code Section 14085 and, if bonds-are...,. the fund source, subject to the sale of bonds by the State Treasurer. In the event bond sales are delayed, canceled, or downsized or TCI grant funds are restricted, limited or otherwise conditioned by acts of Congress, the CTC, the Legislature, the Internal Revenue Service or the Federal Transit Authority, STATE shall not be held liable for any resulting damage or penalty. In the event of any such imposition of additional conditions, delay, cancellation or reduction in STATE funding, RECIPIENT shall be excused from meeting the time and expenditure schedule to the extent of such delay, cancellation or reduction and this Agreement will be amended to reflect the necessary changes in scope or scheduling of the Project. Agreement No. P116B-2-17 Sheet 4 of 11 SECTION E. STATE reserves the right to terminate its funding for any Project upon written notice to RECIPIENT in the event that RECIPIENT fails to proceed with the work in accordance with the Scope of Work document, the bonding requirements if applicable, or otherwise violates the conditions of these Provisions or the allocation such that substantial performance is significantly endangered. In the event of such termination, RECIPIENT shall be reimbursed its authorized costs up to the STATE's share of allowable Project costs incurred prior to the date of termination, provided that all other terms and conditions of this Agreement have been met. Any such termination shall be accomplished by delivery to RECIPIENT of a Notice of Termination, which notice shall become effective not less than 30 days after receipt, specifying the reason for the termination, the extent to which funding of work under these provisions is terminated and the date upon which such termination becomes effective, if beyond 30 days after receipt. During the period before the effective termination date, RECIPIENT and STATE shall meet to attempt to resolve any dispute. ARTICLE IV. REPORTS AND RECORDS SECTION 1. RECIPIENT and its contractors shall establish and maintain an accounting system and records that properly accumulate and segregate incurred costs by line item for the Project. RECIPIENT and contractor accounting systems shall conform to generally accepted accounting principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. All accounting records and other supporting papers of RECIPIENT and its contractors connected with performance under this Agreement shall be maintained for a minimum of three years from the date of final payment to RECIPIENT under these provisions and shall be held open to inspection and audit by representatives of STATE and the Auditor General of the State and copies thereof will be furnished upon request. In conducting an audit of the costs claimed under these provisions, STATE will rely to the maximum extent possible on any prior audit of RECIPIENT pursuant to the provisions of federal and state laws. In the absence of such an audit, any acceptable audit work performed by RECIPIENTS' external and internal auditors and/or federal auditors will be relied upon and used by STATE when planning and conducting additional audits. SECTION 2. RECIPIENT and its contractors agree that contract cost principles at least as restrictive as 48 CFR, Federal Acquisition Regulation System, Chapter 1 Part 31, shall be used to determine the allowability of individual items of costs. RECIPIENT and its contractors also agree to comply with Federal procedures as set forth in 49 CFR, Part 18, Uniform Administrative Requirements for Grants-in-Aid to State and Local Governments. Agreement No. P116B-2-17 Sheet 5 of 11 Any costs for which RECIPIENT has received payment that are determined by subsequent audit to be unallowable under CFR 48, Federal Acquisition Regulation System, Chapter 1, Part 31, are to be repaid to STATE by RECIPIENT. Should RECIPIENT fail to reimburse moneys due STATE within 30 days of demand, or within such other period as may be agreed between the parties hereto, STATE is authorized to withhold future payments due RECIPIENT from any source, including but not limited to, the State Treasurer, The State Controller and the CTC. SECTION 3. For the purpose of determining compliance with Public Contract Code Section 10115,gt&q.,Military and Veterans Code Sections 999 gt =. and Title 2,California Code of Regulations,Section 1896.60 et =.,when applicable, and other matters connected with the performance of RECIPIENT's contracts with third parties pursuant to Government Code Section 10532,_ RECIPIENT, RECIPIENT's Contractor, subcontractors and STATE shall maintain all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including but not limited to, the costs of administering the various contracts. All of the above-referenced parties shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under such contract. STATE, the State Auditor General, the Federal Highway Administration, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents that are pertinent to the Agreement for audits, examinations, excerpts, and transactions and copies thereof shall be furnished if requested. SECTION 4. RECIPIENT will insert clauses to the effect of Sections 1, 2 and 3 above of this Article IV in all of its contracts funded by STATE under these Provisions. SECTION 5. RECIPIENT and STATE agree to conduct,on a quarterly basis, on-site reviews of all aspects of the progress of the Project. The first quarterly review meeting shall take place within 90 days following execution of this Agreement. RECIPIENT agrees, during each quarterly progress review, to inform STATE regarding (1) whether the Project is proceeding on schedule and within budget, (2) any requested changes to the Project Management Plan, (3) major construction accomplishments during the quarter, (4) any actual or anticipated problems which could lead to delays in schedule, increased costs or other difficulties, (5) the status of the Project Budget and, (6) the status of critical elements of the Project. Section 6. It will be permissible for RECIPIENT to expend funds as needed and to move funds between expenditure categories and line items with maximum flexibility in accordance with revised budgets furnished prior to the actual expenditures. However, RECIPIENT shall notify and obtain approval from STATE of any proposed changes in excess of 10 percent in any expenditure Agreement No. P11613-2-17 Sheet 6 of 11 category prior to actual expenditure. For proposed changes in excess of 20 percent in any expenditure category or for a reduction in proposed work or service levels, STATE approval shall be obtained and STATE will determine whether the proposed change is significant enough to warrant CTC review. Should the proposed change require any increase in State funds, the CTC and STATE must approve that change in advance of funds being expended.. SECTION 7. The quarterly reviews will include consideration of whether activities are within the scope of the Project and in compliance with State laws, regulations, administrative requirements, and implementation of the Project under this Agreement. SECTION 8. If RECIPIENT and STATE determine at any time during the performance of the Project, that the Project budget may be exceeded, RECIPIENT shall take the following steps: (1) Notify the designated STATE representative of the nature and projected extent of the overrun and,within a reasonable period thereafter, identify and quantify potential costs savings or other measures which will bring the budget into balance, (2) Schedule the projected overrun for discussion at the next subsequent Quarterly Review meeting, and (3) Identify the source of additional RECIPIENT funds which can be made available to complete Project. (4) If an increase in State funding is potentially necessary because the initial budget may be exceeded, then, after obtaining STATE preapproval, RECIPIENT shall prepare a request to the CTC for an additional allocation of State funds. ARTICLE V. GENERAL PROVISIONS SECTION 1. In the performance of work under these provisions, RECIPIENT, its contractor(s) and all subcontractors will not discriminate against any employee or applicant for employment because of race, religious creed, medical condition, color, marital status, ancestry, sex, age, national origin, or physical handicap (Government Code Section 12940 gI&q.). RECIPIENT,its contractor(s) and all subcontractors will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, religious creed, medical condition, color, marital status, ancestry, sex, age, national origin, or physical handicap. Such action shall include,but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising;layoff or termination;rates of pay or other forms of compensation; and selection for training, including Agreement No. P116B-2-17 Sheet 7 of 11 apprenticeship. RECIPIENT, its contractor(s) and all subcontractors shall post in conspicuous places, available to.employees and applicants for employment, notice to be provided by STATE setting forth the provisions of this section. SECTION 2. RECIPIENT, its contractor(s) and subcontractors will permit access to all records of employment, employment advertisements, application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission, or any other agency of the State of California designated by STATE, for the purpose of investigation,to ascertain compliance with Section 1 of this Article V. SECTION 3. RECIPIENT agrees to insert, in appropriate contracts, clauses to the effect of Sections 1 and 2 of this Article V and the California Labor Code requirements that all workers employed on public works will be paid not less than the general prevailing wage rates predetermined by the Department of Industrial Relations. SECTION 4. Should Public Contract Code Sections 2000 or 10115 gi s,.gq. or Military and Veterans Code Sections 999 gt&q. be applicable to RECIPIENT, RECIPIENT will meet, or make good faith efforts to meet, the following Minority Business Enterprises/Women Business Enterprises/Disabled Veterans Business Enterprises goals or RECIPIENT's applicable goals in the award of every contract for work to be performed under these Provisions: Minority Business Enterprises - 15% Women Business Enterprises -5% Disabled Veterans Business Enterprises -3% RECIPIENT shall have the sole duty and authority under this Agreement to determine whether good faith efforts were sufficient as outlined in Public Contract Code Sections 2000 and 10115 el Q., and the Military and Veterans Code Sections 999 et sed. SECTION 5. To the extent that RECIPIENT is subject to the provisions of Government Code Section 4450 gL s,gq_. , RECIPIENT shall submit plans and specifications for buildings, structures, sidewalks, curbs and related facilities to the State Department of General Services for approval prior to Construction. SECTION 6. Neither STATE 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 RECIPIENT,its agents and contractors, under, or in connection with any work, authority, or jurisdiction delegated to RECIPIENT under this Agreement or as respects environmental clean up obligations or duties of RECIPIENT relative to a Project. It is also understood and agreed that, pursuant to Government Code Section 895.4, RECIPIENT shall fully indemnify and hold STATE harmless from any liability imposed for injury (as defined by Agreement No. P116B-2-17 Sheet 8 of 11 Government Code Section 810.8) or environmental obligations or duties arising or created by reason of anything done or imposed by operation of law or assumed by, or omitted to be done by RECIPIENT under or in connection with any work, authority, or jurisdiction delegated to RECIPIENT under this Agreement. SECTION 7. RECIPIENT is obligated, in perpetuity, to continue operation of the Project dedicated to the public transportation purposes for which the Project was initially approved unless authorized by STATE to terminate the program following the year 2010. The Project right of way, the Project facilities constructed or reconstructed on the Project site and/or Project property purchased (excluding construction easements and excess property whose proportionate resale proceeds are distributed pursuant to this Agreement) shall remain dedicated to public transit use in the same proportion and scope and to the same extent as described in this Agreement and related Bond Fund Certification documents if applicable. Equipment acquired as part of the Project, including rail passenger equipment and ferry vessels shall be dedicated to that passenger use for their full economic life cycle, including any extensions of that life cycle achieved by reconstruction, rehabilitation or enhancements. Subsequent fund allocations for this Project, if any, will be identified by phase and will be described in detail in an Amendment to this document. SECTION 8. RECIPIENT shall, for the purposes of any State bond funded right of way acquisition.which will become a permanent part of the Project (such acquisitions exclude construction easements, property allocated to matching funds, and excess property purchased with State funds whose resale proceeds are returned or credited to STATE), maintain ownership of such Project property for a minimum of twenty years or until the bonds have matured,whichever occurs first,before transferring or selling such property, subject to the credits due STATE as provided in Article V, Section 9 herein below. SECTION 9. Except as otherwise set forth in this Section 9, STATE,or any assignee public body acting on behalf of the CTC, shall be entitled to a refund or credit, at STATE's sole option, equivalent to the proportionate funding participation by STATE and other NON-RECIPIENT generated public funds towards Project acquisition or construction in the event that RECIPIENT ceases to utilize the Project for the intended public transportation purposes or sells or transfers title to or control over the Project. Such refund or credit to STATE shall not be required, subject to STATE approval of that intended use, if RECIPIENT dedicates the proceeds of such sale or transfer exclusively to STATE approved public transportation purposes which are also subject to this credit due STATE if subsequently sold or transferred or, in the case of proceeds attributable to NON- STATE, NON-RECIPIENT funding, such proceeds are returned to the funding entity or otherwise expended according to the funding agreement with such entity. STATE shall also be granted an acquisition credit for future purchases or condemnation of all or portions of the Project by STATE. The refund or credit Agreement No. P11613-2-17 Sheet 9 of 11 due STATE will be measured by the ratio applied to the then fair market value of the Project property acquired. SECTION 10. RECIPIENT should be on notice that the Federal Transportation Administration ("FTA", previously "UMTA") does not share in any revenue stream from projects which it has participated in. However, FTA does require that it specifically approve private and incidental uses of its funded projects to assure that they do not adversely impact transit use. In FTA funded projects, revenues that are derived from these private and incidental uses must be documented, are subject to audit and are required to be applied to transit purposes. FTA circular 5010.1A provides program management guidelines. SECTION 11. The Fund Transfer Agreement, these Provisions, the CTC Resolutions, the Project Description and the Scope of Work document approved by STATE constitute the entire terms of the grant Fund Transfer Agreement between the parties for the work to be performed pursuant to this grant and all subsequent grants awarded to this Project. The Project Description and/ the Scope of Work document may be modified, altered or revised only by a or Amendment between RECIPIENT and STATE. SECTION 12. Additional funding for subsequent Project Phases may be granted through amendments to this Agreement. A new CTC allocation resolution will also be required following the submission by RECIPIENT of an acceptable supplementary Scope of Work document and,when necessary, a revised Project Description. ARTICLE VI. BOND PROVISIONS SECTION 1. If Project funding is being provided in whole or in part pursuant to the Clean Air and Transportation Improvement Act of 1990 (Prop. 116), the following additional provisions apply to RECIPIENT: (a) Where RECIPIENT's Project includes a commuter rail project within the meaning of Prop. 116, RECIPIENT shall coordinate and share with other public transit operators any rail rights-of-way, common maintenance services and station facilities used for intercity and commuter rail. Intercity and commuter rail services shall be coordinated with each other, with other providers and with freight traffic to provide integrated rail passenger and freight services with minimal conflict. (b) RECIPIENT agrees that all passenger rail and water borne ferry equipment and all facilities acquired or constructed pursuant to this Agreement shall be accessible to persons with physical disabilities, including wheelchair users. All passenger vehicles and vessels acquired pursuant to this Agreement shall be accessible to wheelchair users at all stops, stations and terminals, whether or not staffed. Agreement No. P116B-2-17 Sheet 10 of 11 (c) RECIPIENT (other than the transit operator identified in Sections 99633 and 99634 of the Public Utilities Code) shall require that all intercity and commuter rail cars purchased conform to the California Rail car specifications developed by STATE as specified in the Clean Air and Transportation Improvement Act. Section 2. RECIPIENT shall not loan any portion of bond proceeds represented by this grant to any private (including nonprofit) person or business. For this purpose a "loan" includes any arrangement which is the economic equivalent of a loan, regardless of how it is named. Section 3. Except as provided in this Article VI, STATE and RECIPIENT agree that any costs of the Project acquired or constructed by RECIPIENT allocable to portions of the Project which are subject to any property interests held by a nongovernmental person(s) in connection with business activities, such as easements, leases, or fee interests not generally enjoyed by the public, (hereafter referred to as Nongovernmentally Used Property or "NUP") shall, for accounting and bookkeeping purposes,be allocated to funding sources other than the State bond funds. For purposes-of making such allocations, the costs attributable to NUP involving a sale, easement,lease or similar arrangement shall be determined on the basis of a fair allocation of value,which may include determinations based upon square or cubic footage/acreage of the area encumbered by the lease or easement relative to the total area acquired or constructed if all such area is of approximately equal value. NUP will include,but is not limited to, property which is sold (including sales of air and subsurface rights) and property subject to easements, leases or similar rights. A rail right of way will not be treated as NUP solely as a result of a Freight Use Easement retained by the seller of the right of way to RECIPIENT, provided that the sales agreement appropriately excludes the Freight Use Easement from the property or rights being acquired. Further, notwithstanding anything in this Article VI to the contrary, RECIPIENT may allocate grant funds to the cost of any NUP if(i) neither RECIPIENT nor any other governmental entity will receive, directly or indirectly, any payments from or on behalf of the nongovernmental user of the NUP,or (ii) the payment from such user does not exceed the operation and maintenance costs fairly attributable or allocable to the nongovernmental use of the NUP. Section 4. RECIPIENT shall request, in writing,STATE's advance approval if grant funds are to be allocated to any NUT, except "incidental use" property described below. If property, the costs of which have previously been allocated to grant funds, is to become NUP before the State bond funds are fully paid or redeemed, then RECIPIENT may allocate the costs of such property to another funding source as provided in Section 3 of this Article VI, or obtain STATE's approval that the allocation of the costs of such property to the grant Agreement No. P116B-2-17 Sheet 11 of 11 funds may remain. It is anticipated that STATE approval will be granted if, taking into account the existing and expected uses of the proceeds of the State bonds, the STATE determines that the continued tax-exempt status of the State bonds will not be adversely affected and that the use of the property is consistent with the Project and its described purpose. For purposes of these Articles VI Section 3 fund source allocations, RECIPIENT does not have to take into account as NUP those "incidental uses" of the Project (such as, for example, advertising billboards, vending machines, telephones, etc.) which meet requirements of federal tax regulations (IRS Notice 87-69 or any successor thereto). In general such Notice requires that the incidental use not be physically separated from the rest of the Project and not comprise in the aggregate more than 2-1/2%,of the costs of the Project. Section 5. If RECIPIENT enters into a management contract with a private party (including AMTRAK) for operation of rail, ferry or other transportation services in connection with the Project, it will either (a) obtain approval from Bond Counsel acceptable to STATE that the terms of the management contract meet the requirements of Internal Revenue Service Revenue Procedure 82-14 (as supplemented or amended) or any successor thereto (dealing generally with guidelines for when management contracts may be deemed not to create a "private use" of bond-financed property) or are otherwise acceptable; or (b)be prepared to certify upon request of STATE that the revenues which RECIPIENT (or its manager)will receive directly from the operation of transportation services in connection with the Project(but not including any subsidy of the transportation operation from taxes or other outside fund sources) are for any fiscal year less than the ordinary and necessary expenses directly attributable to the operation and maintenance of the transportation system (excluding any overhead or administrative costs of RECIPIENT). In any year for which option(b) will not be true, RECIPIENT shall consult Bond Counsel acceptable to the State Treasurer's Office to obtain approval of the management contract or an opinion that the circumstances present will not adversely affect the tax-exempt status of the bonds. Section 6. If RECIPIENT receives any revenues or profits from any NUP allowed pursuant to this Article VI (whether approved at this time or hereafter approved by STATE), RECIPIENT agrees that such revenues or profits shall be used exclusively for the public transportation services for which the Project was initially approved, either for capital improvements or operating costs. If RECIPIENT does not so dedicate the revenues or profits, a proportionate share shall (unless disapproved by Bond Counsel) be paid to STATE equivalent to STATE's percentage participation in the Project. ATTACHMENTS The following attachments will be included in the Fund Transfer Agreement. With the exception of ATTACHMENT VI, OLP will insert each of these attachments into the Fund Transfer Agreement when they are transmitted to the local entity by the District. ATTACHMENT I PROJECT DESCRIPTION Describes location,proposed work, and net length of project. Includes a project schedule. ATTACHMENT II CTC ALLOCATION RESOLUTION Documents that the CTC has approved funding for the project. ATTACHMENT III SCOPE OF WORK Provides a project description, project financial plan, and cash flow expenditure plan for the project. ATTACHMENT IV SCOPE OF WORK APPROVAL When signed by the District,verifies that the Scope of Work tasks are in conformance with the allocating resolution. ATTACHMENT V CTC RESOLUTION G-91-2 (Ignore if not applicable) Addresses CTC policy for hazardous waste identification and clean-up for rail right-of-way. ATTACHMENT VI RECIPIENT RESOLUTION To be inserted by the local entity prior to Agreement transmittal to Caltrans. It provides documentation that the local entity's governing body endorses the execution of this agreement. Agreement No. P 11613-2-17 Sheet 1 of 2 ATTACHMENT I - PROJECT DESCRIPTION I. Conditions: Prior to advertising, local entity shall prepare a complete set of contract plans and submit same to State for approval. Such plans shall conform to uniform specifications and to design and safety standards as described in the Caltrans Highway Design Manual-Bikeway Planning and Design Section 7-1000 established by State. "Preliminary Engineering" as used herein includes all preliminary work related to the project, including, but not restricted to preliminary surveys and reports, laboratory work, soil investigations, preparation of plans, designs, and advertising. "Construction Engineering" as used herein includes actual inspection and supervision of construction work, construction staking, laboratory and field testing, field reports and records, estimates, final reports, and allowable expenses of employees engaged in such activities. Preliminary and Construction Engineering costs included in the estimate contained in the Scope of Work are eligible project costs. Preliminary Engineering is limited to 5% of the grant allocation. State reimbursement to local entity will be on the basis of the actual cost thereof to local entity including compensation and expense, of personnel working on the project, required materials, and automotive expense Iprovided; local entity shall Pay its general administrative and overhead expenses. II. Description of work proposed: Location: Walnut Creek, Pleasant Hill, Concord, in Contra Costa County. Description of work: Construction of 4.5 miles of Class I bicycle path north.from Treat Boulevard BART Station along the SPRR right-of-way and Walnut Creek Channel to Concord Avenue. Bridges will be constructed at Monument Boulevard and Concord Avenue for access to Concord. Net length: 4.5 miles. a Q. IND 94o Sr • 3 � cmn (D `g C- m ^' n C- m A J to tD Z d -n A � � m 4 m A N A cf1 CD CD O m Z Z G O �G, (D CD -n N O_ � N A v tia 1 A N ATTACHMENT II - CTC ALLOCATION RESOLUTION "Mo h JAN 19 195 CALIFORNIA TRANSPORTATION COMMISSION Commission Project Allocation Approval Mass Transportation Bond and TCI Projects Resolution No. BFP-94-56 1.1 WHEREAS, the California Transportation Commission (Commission) has adopted an annual Transit Capital Improvement Program (TCI) plan for mass transportation capital purposes, and the electorate enacted both Proposition 108, the Passenger Rail and Clean Air Bond Act of 1990, and Proposition 116, the Clean Air and Transportation Improvement Bond Act of 1990 in the June, 1990, election authorizing the sale of general obligation rail bonds for rail transit purposes; and 1.2 WHEREAS, with Resolution No. G-93-04 authority, the Department of Transportation approved a local grant allocation for capital support work, to the Contra Costa County Public Works Department, for project design and preliminary studies, in the amount of$30,000, on March 10,1994; and 1.3 WHEREAS, the Iron Horse Trail Bikeway Project(the Project), further detailed in Attachment A, as component phases or in its entirety, appears on the necessary State capital projects funding list(s) and is entitled to participate in this allocation; and 1.4 WHEREAS, Contra Costa County Public Works Department (the Recipient) is committed to providing any required local matching funds and to fully fund implementation of the Project in compliance with grant or bond funding requirements or, if Recipient meets that criteria, in compliance with the conditions of Commission Resolution G-92-14, "Guidelines for the Deferral of the Commission's Proportional Expenditure of State Funds Policy"; and 1.5 WHEREAS, the Commission has established a "Hazardous Waste Identification and Clean-up Policy" (#G-91-2) which requires the Recipient(s) to have performed full due diligence in identifying and remediating any hazardous waste in the right-of-way, easements and properties. 2.1 NOW THEREFORE BE IT RESOLVED that a total of$570,000 in State Proposition 116 Bond Funds is allocated to Recipient for the Project, as detailed in Attachment A; and 2.2 NOW THEREFORE BE IT FURTHER RESOLVED that the transfer of funds for the Project shall be governed by a fund transfer agreement, and subsequent amendments to the same if required, executed between Recipient and the Department of Transportation (Department); and 2.3 NOW THEREFORE BE IT FURTHER RESOLVED that Recipient shall provide the Department, for the balance of all funded Project allocations commencing with the first quarterly review, an updated quarterly expenditure plan by category including any proposed changes; and 2.4 NOW THEREFORE BE IT FURTHER RESOLVED THAT, in any instance of rail bond financing of the Project, the Commission, acting on behalf of the State, by this Resolution intends: Commission Project Allocation Approval Mass Transportation Bond and TO Projects Resolution No. BFP-94-56 January 18/19, 1995 Page 2 A. to cause and approve the issuance of taxable or tax-exempt State general obligation bonds under Propositions 108 or 116, as appropriate, to reimburse Recipient for the Project identified in Attachment A; B. to reimburse to Recipient expenditures that shall not have been paid from the proceeds of any other tax-exempt indebtedness unless such prior indebtedness will be retired with the proceeds of such State monies; C. that this Resolution be a declaration of official intent of the State within the meaning of U.S. Treasury Regulations Section 1.103-17(c) with respect to the Project; D. that this Resolution will be continuously available to the public for inspection during normal business hours at its Commission Office, 1120 N Street, Sacramento, California, commencing not later than two weeks after the adoption of this Resolution; and 2.5 NOW THEREFORE BE IT FURTHER RESOLVED that, in any instance of rail bond financing, an allocation for the Project is subject to the following conditions and assurances: A. completed bond sales authorized by the State Treasurer; B. completed bond certification from the Department, preferably by the time of Commission allocation action but not Iater than prior to execution of a fund transfer agreement; C. Recipient certification, delivered to this Commission, preferably by the time of Commission allocation action but not later than prior to execution of a fund transfer agreement, that it will not adopt new or increased development taxes, fees,exactions or permit fees for the purpose of providing local matching funds; D. Recipient certification, in the form of a formal resolution of its Board delivered to this Commission, that when utilizing state funding for acquisition of property or for capital improvements on the Project, Recipient has exercised all due diligence in the discovery of hazardous wastes; that Recipient will enter into enforceable agreement(s) with any and all owners of to-be-acquired properties for clean-up of hazardous wastes pursuant to the requirements of Resolution G-91-2 regarding Hazardous Waste Identification and Clean-up for Rail Right-of-Way; E. Recipient certification, in the form of a formal resolution of its Board delivered to this Commission, that when utilizing state-provided and other-than-state funding for acquisition of property or for capital improvements on the Project, Recipient shall agree to indemnify,defend and hold harmless the State, Department and the Commission from clean-up liability or damage, both present and future; and that no additional State funds will be requested for clean-up, damages, or liability associated with hazardous wastes on or below the acquired property; F. that in any instance of rail bond financing with Proposition 116 funds, the Proposition 116 Project Application date will be that after which project eligible costs can be incurred, with reimbursement subject to an executed fund transfer agreement; G. that Recipient shall provide the Commission with an "Evaluation of Property Report" by the time of Commission allocation action, in compliance with Commission Policy G-90-17, Rail Right-of-Way Review Policy, to be verified by the Department or its Agent; H. that Recipient shall post on the Project construction site(s) at least one sign, visible to the public, stating that the Project is partially funded with State grant rail passenger bond funds; Commission Vroject Allocation Approval Mass Transportation Bond and TO Projects Resolution No. BFP-94-56 January 18/19, 1995 Page 3 I. that Recipient has provided the Commission, after consultation with its staff and prior to the execution of a fund transfer agreement which includes any Proposition 116 bond funding, a satisfactory work plan which includes milestones for specific activities related to completion of the transit integration plan prior to initiation of rail service; and 2.6 NOW THEREFORE BE IT FURTHER RESOLVED that this Commission shall be entitled to a then present value refund, or credit, at State's option, equivalent to the proportionate funding participation by the State towards property acquisition and project construction in the event that Recipient, or successor public entities, fail or cease to utilize the Project for the intended public passenger rail purposes or sells or transfers title to the Project. The credit for future purchases or condemnation of all or portions of the Project by the State, and the refund or credit due the Commission in each instance, will be measured by the ratio of State and other public funding to that provided from Recipient. That ratio will be applied to the then fair market value of the Project property; and 2.7 NOW THEREFORE BE IT FURTHER RESOLVED that if the Recipient receives any revenues or profits from any non-governmental use of property allowed pursuant to bond certification (whether approved at this time or hereafter approved by the State), the Recipient agrees that such revenues or profits shall be used exclusively for the public transportation services for which the project was initially approved, either for capital improvements or operating costs. If the Recipient does not so dedicate the revenues or profits, a proportionate share shall (unless disapproved by State's Bond Counsel) be paid to the State equivalent to the State's percentage participation in the Project. Attachment I I n U 00 H a, lo 0o O, I 00 Q I O O I U .•. O� E r rr E p Q H , N s ro ro 1 Z N I 4 c I o-..� ♦J I 1-1 I rJ, v 1 r1 Q rn v ro v a W Q c H ro CT kn > I Ln c I I a s 1 a o I W I 1 Q a I L z I I O O I U E 1 ?• H F I .a N 1 H I a 1 p, r- H O I V D H CL 1 v Ij a 1 rn a l I of 7 ICn H CD m . (n 1 I I o l cn I I a ga I V I I v I p I O I I H I I . (L' I (A I W •• I I Z I U I v I H I D I N I m C 1 1 W •.a .-7 I u l .-+ U I W H a Q I a 1 O I H O O I o f a I to H H I I O I p, 1 1 I Z O c I y! I O co O I 0 7 1 U 1 I Z I++ .-1 I N O .•i 1 E I u I �O E- 0% O, U O I V 1 I I I c 1 [. Cn m Z I C u N H Q I ro Q• I m Z l Z O Q I OH aQ l V 04 " 14 ro I D Z I Z E I a Q 1 � I W I rn 1 O cno I zQa I H v W Z D H H I L y l Z 0 [ O O 1 Q E c co 1 F H 1 CL E-• 7 0 1 c I z I W U ,'Z Z I ,o N I ra I Z W �0 1 !� W i .-i I W I ' '7 Q a I O m O 1 0 O W d I W O, I ... a 1 1 x cz c l I a s 0 l O 0 I Uro I _ - a (n I d Z I I 3 N 1 I H I I H a p I 1 H Z m a U I Q (n O E- 1 1 Z i U W a� D i a] a I D I to Cn d I D a I 44 a .a I a s w 1 Q I a Q I H O I L� HH 1 cnx 0 ro r I 0 0 0 1 O Z I o I I tr~ H H I U Z O 1 O — o N I I \ I QQ I ^1 I U x w i a s Q c i ro c I H CO H I H U I - to 0 1 I 1 Z •• O O I I O N .a E 1 a I I I U Q I tp I I I a.r Q I U I I fn I •-1 I O I I C7 F H H I I Z 1 Z Z I � I I-•1 U a 1 I I Z I d Ql 'CL' •>7 I to I I Ca. U 0 U 1 �-•1 L t _ ATTACHMENT III - SCOPE OF WORK Agreement No. P1 16B-2-17 California Transportation Commission Sheet I of 4 Proposition 116 Allocation Request Form Part 2. Project Description a. Please describe any changes in the Project Description since submittal of the original application: Tile Iron Horse Trail, Walnut Creek Channel Extension will be constructed from Monument Boulevard to Concord Avenue, with an C).Lunsion to the ChlYL011 Drain as a add alternate in the contract, ibis wili add approximately one mile of trail construction. Road crossings for the trail will be at grade for this phase. b. Please describe progress-to-date on the project: Right-of-way issues are being concluded. Design of t,,Ic bicycle trail is complete. Construction is scheduled to begin N11aY 1, 1995 and be completed September 1995. c. Provide documentation of compliance with the California Environmental Quality Act (CECA). Include a copy of one of the following: 0 Notice of Determination and either the Negative Declaration or the Final Environmental Impact Study or Report; or 0 The Notice of Exemption for a statutory or categorical exemption If the project is exempt by statute but a Notice of Exemption was not completed, the request for allocation must include a statement that certifies that the project is statutorily or categorically exempt (this statement must be signed by an authorized agent representing the applicant 2gency). Page 2 Agreement No. P116B-2-17 Sheet 2 of 4 California T ranspormion Commission Proposition 116 Allocation Reouest Form d. Complete the following financial plan showing all sources of capital funds that will be used to finance this project. PROJcCT FINANCIAL PLAN (S in 000's) PRIOR CURRENT FUTURE TOTAL PERCENT FUND SOURCE ALLOCATIONS REQUEST ALLOCATIONS FUNDING OF TOTAL FEDERAL*(Total): f f f ----------- ----------- STATE (Total): PROP 116 -0- ? 600.000 -0- 600,0 58% Other": f f LOCAL (Total): TDA 110.000 i I 110,000 117 Local Sales Tax Local Bonds I ? Private ? Other`: Measure C 320,000 1000 000 ! 31% Prolect Total 430,000 1 600.000 ► 1,030,000 i 100% Specify 'Federal" and "Other' fund sources. Paoe 3 Agreement No. P 116B-2-l 7 California Transportation Commission Sheet 3 of 4 Proposition 116 Allocation F;eouest Form e. Attach a description of the project components or activities that will be funded by this allocation. The project components should be listed under each major expenditure category, such as right-of-way acquisition, capital improvements (e.g., paving, drainage, lighting, etc.), project development (e.g. consultant contracts. design, engineering, etc.). Specify the total cost for each major expenditure category and the capital assumptions or methodology used to determine these expenditure levels (e.g. feasibility study, bid estimates, similar projects completed, etc.). I. Complete the following Cash Flow Expenditure Plan tables which show cash flow needs by category and fund source on a quarterly basis for the total project. (Include additional OTRJFY columns if necessary.) CASH FLOW EXPENDITURE PLAN (S in 000's) COST CATEGORY/ 1QTRJT-y JQTRJFy IOTRJFY ICTRJFY IOTRJFY 1QTRJFY I PROJECT FUND SOURCE 3 94 1 4 94 1 1 / 95 1 2 95 13 95 14- 015 1 TOTAL Right-of-Way" FEDERAL(Total):* -—------------ ........... STATE (Total): I I PROP 116 Other': LOCAL (Total): TDA Local Sales Tax Local Bonds Private I I Other': i Subtotal RI0ht-0f-W2V 1 -0- 1 77-1 -0- I -0- I -C)- -0- 1 -0- Specify 'Federal* and 'Other' fund sources. Right-of-way may include appraisal, accuisition, etc. California Transportation Commission Proposition 116 Allocation Recuest Form Page 4 Agreement No. PI 16B-2-17 California Tj ransoortation Commission Sheet 4 of 4 Proposition 116 Allocation neouest Form CASH FLOW EXPENDITURE PLAN (S in 000's) COST CATEGORY/ QTRJFY IQTRJFY IQTRJFY IOTRJFY IQTRJFY IQTRJFY I PROJECT FUND SOURCE 3 / 94 14 i 94 I 1 / 95 12 / 95 1 3 / 95 i 4 / 95 TOTAL Const./Materials•' FEDERAL(Total):• ( 1 I I I --------------- --------------- STATE (Total): I I I 1 PROP 116 I I I I 1 600,0001 600,000 O t h e r' LOCAL (Total): TDA I I { 110,00Q 110,000 Local Sales Tax i I Local Bonds I ! ! Private 1 I I 1 1 Other': Measure C 1320,00q 320,000 Subtotal Construction -0- I -0- 1 -0- 1 110.00d -0- 1920,000( 1,030,OOQ Project Summary ,.. ...:. : . . :..., ... ... ...._ FEDERAL(Total):' i i i I ------------ STATE (Total): PROP 116 1 I I ! 1 600.000( 600,000 Other': ( I ( I 1 I 1 LOCAL (Total): 1 ! I ! I TDA 1 I 1 1110,00a 1 110,000 Local Sales Tax ! I 1 1 Local Bonds 1 Private I 1 1 1 Other': Measure G ( 1 I ( 1 320,00d 320,000 0 i Project Total ( -0- 1 -0- -0- 1 110.000 -0- ( 320,000 1,030,000 Specify 'Federal" and 'Other' fund sources. Construction may include pro iect development, consuitant contracts, preliminary engineering, desion, construction costs, materials, project management, etc. Paoe AGREEMENT NO._ ��1 l �' �" x--17 ATTACHMENT IV - SCOPE OF WORK APPROVAL Name of Recipient: C°oiAw?'y a� cov,.--tVa- &.si-w Name of Project: . v�.,A k „BSc "(',, Q 4 1 F3; kElNety Resolution Number: 6FP 9,4 5(o Date of Resolution: Amount of Allocation: s —10) ao O Fund Source: 0 6Ti �- Expiration Date of Funds: / 1 q/ G 7 SCOPE OF WORK APPROVAL: The Department of Transportation hereby certifies that the attached "Scope of Work" document has been submitted by the recipient named above and that its description of tasks to be accomplished with the allocated funds is complete and in conformance with the allocating resolution specified above. Deputy District Director for Date Planning and Public Transportation SOURCE CHARGE ExPAUTH SPECIAL DESIGNATION ENCUMBRANCE GEN LEU J SUB ACCT SUB IUB NO. R/W PARCEL NO OBJECT. AMOUNT La FISCAL DOCUMENT DST I UNIT DIST I UNIT WORK ORDER NO. LOCATION BRIUC.E NO CR YEAR NUMBER hereby certify upon my own persona(knoukdge that budgeted fun4,art SIGNATURE OF ACCOUNTING OFFICER DATE available for the period andyurpwe of the enditure stated about. ITEM CHAPTER STATUTES FISCALYEAR ' FES 2 1 1991 ATTACHMENT V - CTC RESOLUTION G-91-2 LRA 0 XL4 TplAN=PORTATIOM C0KMIC410N CALIFORNIA TRANSPORTATION COMMISSION RZSOLUTION C-91-2 Commission Policy Resolution for Hazardous Waste Identification and Cleanup for Rail Right-of-Way WHEREAS, the Commission has programmed funding for rail right-of-way acquisition In the 1990 StatQ Transportation Improvement Program and may allocate funds for rail right-of-way acquisition from the Clean Air and Transportation Improvement Act; and WHEREAS, hazardous wastes, based upon federal and state statutes and regulations, include but are not limited to such categories as heavy metals, (e.g. , lead) , Inorganic (e.g. , excessive mineral levels) and organic compounds (e.g. , petroleum products), and can occur on a property's surface and subsurface; and WHEREAS, rail properties often have hazardous wastes exceeding State of California and federal hazardous waste standards; and WHEREAS, such properties contaminated with hazardous wastes require mitigation prior to using them for rail purposes; and WHEREAS, hazardous wastes discovered on rail property may significantly impact property value, project scheduling and future liability for the grant applicant; and WHEREAS, the Commission must be assured that acquisition of rail properties have been fully reviewed by the grant applicant, and if warranted, the grant applicant has tested for hazardous wastesl and WHEREAS, if hazardous wastes exist, the Commission must be assured that the hazardous wastes identified has either been cleaned up, or financial responsibility for the cleanup has been determined prior to title transfer to the grant applicant, or easement has been secured in lieu of purchasing the property, and the subsurface rights and liability for hazardous wastes remain with the property sellerl and WHEREAS, hazardous wastes identified subsequent to title transfer to the grant applicant will be cleaned up by the seller or a mechanism to recover cleanup costs is established and executed as a condition prior to title transfers and WHEREAS, full due diligence is necessary in discovering hazardous waste and is an essential element in acquiring rail right-of-way properties by the grant applicant) and NOW THEREFORM BE IT RESOLVED, that acquisition of all rail right-of-way Properties will be fully investigated by the grant applicant to determine the absence/presence of hazardous wastes. Investigations shall be conducted in accordance to the standards and practices of the- local, state and/or federal regulatory agencies having jurisdiction and by personnel adequately trained in hazardous waste investigation) and BE I= FURTHER RESOLVED, that all properties, discovered with haxardous 'wastes whiciu exceed the federal/state standards, will be cleaned up to the satisfaction of tlue responsible local, state and/or federal regulatory agency. The approlpriate regulatory agency shall certify to grant applicant that the cleanup has been completed and BE IM! FURTHER RESOLVED, that the grant applicant will certify by formal ' resoi:ution to the .Commission that all reasonable steps have boon completed to aasuae full due diligence in the discovery of hazardous waste has been achieved durinl9 the acquisition of rail right-of-way and the state in held harmless from cloacuup liability or damages, both present and futurel and BE I= FURTHER RESOLVED, that the grant applicant will certify by formal rasolLution that it will not seek further state funding, for cleanup, damages, or liab L• lity coat associated with hazardous wastes on or below acquired property's surfaical and BE IT: YURTHER RESOLVED, that the grant applicant will certify to the Comminaiont o that all rail right-of-way acquisition proportion have been investigated and have been found clean 0 or that the cleanup of discovered hazardous waste has been completed prior to acquisition of the propertyl O or that the grant applicant has obtained permanent easement and the subsurface rights and liability and full responsibility to pay for and remove such hazardous waste remains with the seller in conformance with applicable State and Federal lawl 0 or if hazardous wastes are known to exist prior to acquisition and if the applicant determines that time is of the essence for acquisition, then and Ln that event, an enforceable agreement will be entered into requiring the responsible party(ies) to clean all hazardous wanton by a date certain, with the option of funds sufficient for the clean-up coats deposited in escrow by the caller. In tiae event of failure to clean up by the date determined, the recipient of the grant will make full restitution to the State for its participation. This resoave does not preclude the recipient from requesting re-allocation not to excewd the refunded amount after the hazardous waste(s) have been fully removed from the subject sitar and BE 1= FURTHER RESOLVED, that the grant applicant will certify to the Commission that the seller from whom properties have been acquired retain liability for any haza=-douo waste investigation and/or cleanup, and damages discovered nubeequent to tine transfer of title) and ax x= YURTHER RESOLVED, the Commission declares all future liability resulting from :hazardous wastes remain wLth the seller or the grant applicant, not the statea, and the grant applicant has been indemnified by the seller for any coats raou Lting from failure to eliminate hazardous wastaxI and BE I= FURTHER RESOLVED, no state funds will be made available for any future costs; associated with cleanup, damagea, or liability coats associated with hazaadoue wanton on or below the acquired property' s surface.