HomeMy WebLinkAboutMINUTES - 07132004 - C.13 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adapted this Resolution on July 13, 2004 by the following vote: C.-119
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE RESOLUTION NO. 2004/ 361
SUBJECT: APPROVE and AUTHORIZE the Chair of the Board of Supervisors to
execute the Federal Apportionment Exchange and State Match Program
Agreement No. X04-5928(062) under which Caltrans agrees to pay the
County$100,000 from the unobligated balance of its State Matching moneys
for Fiscal Year 2003-04. The money must be used for transportation
purposes in accordance with Article XIX of the California State Constitution,
Countywide.
The Board of Supervisors of Contra Costa County RESOLVE:
WHEREAS, County desires to assign apportionments made available to it for allocation to
transportation projects under the Intermodal Surface Transportation Efficiency Act of 1991,
as modified in accordance with Section 182.6 of the Streets and Highways Code in
exchange for nonfederal State Highway Account funds, and
WHEREAS, Section 182.9 of the Streets and Highways Code requires the allocation of
State matching moneys from the State Highway Account to County, and
WHEREAS, Caltrans agrees to pay to County$100,000.00 from unobligated balance of its
State matching moneys for Fiscal Year 2003/04, and
WHEREAS, County agrees to use all State funds paid hereunder only for transportation
purposes, that are in conformance with Article XIX of California State Constitution.
NOW THEREFORE, the Board of Supervisors of Contra Costa County, by adopting this
resolution, does hereby APPROVE and AUTHORIZE the Chair to execute the Federal
Apportionment Exchange and State Match Program Agreement No. X04-5928(062).
SK:je 1 hereby certify that this is a true and correct copy of an
G:7ransEng\2004\80-TE\BO StateMateh.doc action taken and entered on the minutes of the Hoard of
Orig.Dept.: Public Works(TE) Supervisors on the date shown.
Contact. Stephen Kowalewski(313-2225)
cc: County Administrator
Auditor-Controller
M.Shiu,Public Works Director JULY I31 2004
J.Bueren,Assistant Public Works Director ATTESTED:
J.Lytle,Accounting JOHN SWEETEN,Clerk of the Board of Supervisors and
(2 sealed Board Resolutions and 2 original County Administrator
Program Agreements returned to
Public Worksi7ransportation Engineering Division)
By
Deputy
RESOLUTION NO. 2004/ 361
STATE MATCH PROGRAM
CALIFORNIA DEPARTMENT OF TRANSPORTATION - COUNTY
04 CONTRA COSTA
District County
Agreement No. X04-5928(062)
EA No. 04-924210
Fig&1a
THIS AGREEMENT is made ongTR , by the COUNTY of CONTRA COSTA , a
political subdivision of the State of California (COUNTY), and the State of California, acting by and
through the Department of Transportation (STATE).
WHEREAS Section 182.9 of the Streets and Highways Code requires the allocation of State
Matching moneys from the State Highway Account to COUNTY:
NOW, THEREFORE, the parties agree as follows:
I. STATE MATCH PROGRAM - Section 182.9
A. As authorized by Section 182.9 of the Streets and Highways Code, STATE agrees to pay to
COUNTY $100,000.030 from the unobligated balance of COUNTY"s State Matching moneys for
Fiscal Year 2003104.
B. COUNTY agrees that before COUNTY uses State Matching funds for any other lawful
purpose, COUNTY shall use such funds to match federally funded transportation projects.
II. COMMON PROVISIONS
A. Subject to the availability of State funds by the State Budget Act, and upon receipt of COUNTY
invoice by STATE, STATE agrees to pay to COUNTY an amount not to exceed $100,000.00 that
equals the State Match funds identified in Section I.A.
B. COUNTY agrees to use all State funds paid hereunder only for transportation purposes that
are in conformance with Article XIX A of the California State Constitution.
For Caltrans Use Only
l hereby Certify upon my own personal knoWfe5e that dgeted funds are available for this encumbrance
Accounting officer bate +O4 $t_00,-OW1 CX)
Chapter St es item Fiscal Year Program SC Category Fund Source $
157 2003 2660-102-0042 2003-2004 20.30.010.830 N 217000 113-042-T
z
r
o.Match(N) Page 1 of 3 (Rev.5/1212004)
C. COUNTY agrees to establish a special account within their County Road Fund for the purpose
of depositing all payments received from STATE pursuant to this agreement.
D. COST PRINCIPLES
1) COUNTY agrees to comply with, and require all project sponsors to comply with, Office of
Management and Budget Circular A-87, Cost Principles for State and Local Government, and 49
CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to
State and local Governments.
2) COUNTY will assure that its Fund recipients will be obligated to agree that (a) Contract Cost
Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31,
et seq., shall be used to determine the allowability of individual Project cost items and (b) those
parties shall comply with Federal administrative procedures in accordance with 49 CFR, Part 18,
Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments. Every sub-recipient receiving Funds as a contractor or sub-contractor under this
Agreement shall comply with Federal administrative procedures in accordance with 49 CFR, Part
18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and
Local Governments.
3) Any Fund expenditures for costs for which COUNTY has received payment or credit that are
determined by subsequent audit to be unallowable under Office of Management and Budget
Circular A-87, 48 CFR, Chapter 1, Part 31 or 49 CFR, Part 18, are subject to repayment by
COUNTY to STATE. Should COUNTY fail to reimburse Fund moneys due STATE within 30 days
of demand, or within such other period as may be agreed in writing between the Parties hereto,
STATE is authorized to intercept and withhold future payments due COUNTY from STATE or any
third-party source, including, but not limited to, the State Treasurer, the State Controller and the
CTC.
E. THIRD PARTY CONTRACTING
1) COUNTY shall not award a construction contract over $10,000 or other contracts over $25,000
[excluding professional service contracts of the type which are required to be procured in
accordance with Government Code Sections 4525 (d), (e) and (f)] on the basis of a
noncompetitive negotiation for work to be performed using Funds without the prior written
approval of STATE.
2) Any subcontract or agreement entered into by COUNTY as a result of disbursing Funds
received pursuant to this Agreement shall contain all of the fiscal provisions of this Agreement;
and shall mandate that travel and per diem reimbursements and third-party contract
reimbursements to subcontractors will be allowable as project costs only after those costs are
incurred and paid for by the subcontractors.
3) In addition to the above, the preaward requirements of third party contractor/consultants with
COUNTY should be consistent with Local Program Procedures as published by STATE.
F. ACCOUNTING SYSTEM
COUNTY, its contractors and subcontractors shall establish and maintain an accounting system
o.Match(N) Page 2 of 3
g {Rev.8/1212004}
and records that properly accumulate and segregate Fund expenditures by line item. The
accounting system of COUNTY, its contractors and all subcontractors 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.
G. RIGHT TO AUDIT
For the purpose of determining compliance with this Agreement and other matters connected with
the performance of COUNTY`S contracts with third parties, COUNTY,COUNTY's contractors and
subcontractors and STATE shall each maintain and make available for inspection 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 those various contracts. All
of the above referenced parties shall make such materials available at their respective offices at
all reasonable times for three years from the date of final payment of Funds to COUNTY.
STATE, the California State Auditor, or any duly authorized representative of STATE or the United
States Department of Transportation, shall each have access to any books, records, and
documents that are pertinent for audits, examinations, excerpts, and transactions, and COUNTY
shall furnish copies thereof if requested.
H. TRAVEL AND SUBSISTENCE
Payments to only COUNTY for travel and subsistence expenses of COUNTY forces and its
subcontractors claimed for reimbursement or applied as local match credit shall not exceed rates
authorized to be paid exempt non-represented State employees under current State Department
of Personnel Administration (DPA) rules. If the rates invoiced are in excess of those authorized
DPA rates, then COUNTY is responsible for the cost difference and any overpayments shall be
reimbursed to STATE on demand.
1. SINGLE AUDIT
COUNTY agrees to include all state (Funds) and federal funded projects in the schedule of
projects to be examined in COUNTY`s annual audit and in the schedule of projects to be
examined under its single audit prepared in accordance with Office of Management and Budget
Circular A-133.
STATE OF CALIFORNIA COUNTY OF CONTRA COSTA
Department Of Transportation
Office of Project Implementation, North Ch ir, Board of Supervisors
Division of L cal Assistance Date:
Date: ! Q 0
o.Match(N) Page 3 of 3 (Rev.5J12/2004)
0-
GRANTOR: CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT APN: 019-060-052
Project Name: Lone Tree Widening
a-
CITE''OF BRENTWOOD
PURCHASE AGREEMENT
In consideration of the terms and conditions set forth in this Purchase Agreement (the "Agreement")
Contra Costa County Flood Control and Water Conservation District (GRANTOR") shall deposit in an
escrow designated by the City of Brentwood ("CITY"), a Grant Deed suitable for recordation and
conveying from GRANTOR.to CITY fee simple title as indicated in Exhibit"A", incorporated herein by
this reference.
In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as
follows:
1. Entire Agreement
The parties have herein set forth the whole of their agreement. The performance of this Agreement
constitutes the entire consideration for the Grant Deed and shall relieve CITY of all further
obligations or claims on this account or on account of the location, grade, construction or operation
of the proposed public improvement.
2. CITY shall
A. Pay the sum of Thirteen Thousand AND NO/100 DOLLARS ($13,000.00) for the
property, identified in Exhibit"A"attached hereto and made a part hereof.
B. Pay all escrow,recording and title insurance charges, if any, incurred in this transaction.
3. Hazardous'Wastes
The acquisition price of the property being acquired in this transaction reflects the fair market value
of the property without the presence of contamination. If the property being acquired is found to be
contaminated by the presence of hazardous waste which requires mitigation under Federal or State
law, the City may elect to recover its clean-up costs from those who caused or contributed to the
contamination.
4. Right of Possession and Use
It is agreed and confirmed by the parties hereto that, notwithstanding the other provisions in this
Agreement, the right of possession and use of the subject property by CITY, and/or its designees or
assignees including the right to remove and dispose Of improvements, and install and connect
utilities shall commence on July 1, 2004, or close of escrow, whichever occurs first, and that the
amount shown in Clause 2A herein includes, but is not limited to, full payment for such possession
and use,including interest and damages if any, from said date.
5. Binding on Successors and Assigns
This Agreement shall be binding on and inure to the benefit of the respective heirs, successors and
assigns of the parties to this Agreement.
Page 1 of 2
S:0rentwoo&TO#39-CCCFC ParcelsTurchase Agreement-050604.doc
GRANTOR: CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT APN: 019-060-052
Project Name: Lone Tree Widening
b. Approval of CITY
GRANTOR understands that this Agreement is subject to the approval of CITY. Further, that this
Agreement shall have no force Or effect unless and until said CITY approval has been obtained.
7. Authority to Sign
GRANTOR and the signatories represent and warrant that the signatories to this Agreement are
authorized to enter into this Agreement to convey real property and that no other authorizations are
required to implement this Agreement on behalf of GRANTOR.
8. Counterparts Signature
This Agreement may be executed in counterparts, each of which shall be an original, but all
counterparts shall constitute one agreement.
(As used above, the term, "GRANTOR"shall include the plural as well as the singular number.)
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first written herein
below.
CITY OF BRENTWOOD: GRANTOR:
CONTRA COSTA COUNTY
FLOOD CONTROL AND WATER
CONSERVATION DIST C
By: By: y
�x
Title: Title: f "t "1 `' • fir:
u
f
Date: (. !�
Date:
NO OBLIGATION OTHER THAN SET FORTH HEREIN WILL BE RECOGNIZED
Page 2 of 2
S:lBrentwoo&TO#39-CCCFC PareelslPurchase Agreement-050604.doc
Recording Requested of.-
and
fand When Recorded,Mail To:
Mr.Mike Kirby EXHIBIT A
Right of Way Agent
City of Brentwood
708 Third Street
Brentwood,CA 94513-1396
S ace Above This Line or Recorder's Use
APN: 019-060-052
GRANT DEED
FOR VALUABLE CONSIDERATION,receipt of which is hereby acknowledged,
CONTRA COSTA COUNTY FLOOD CONTROL AND'WATER CONSERVATION DISTRICT,a
political subdivision of the State of California
hereby grant(s)to the CITY OF BRENTWOOD `r
the real property more particularly described in Exhibit"A"attached hereto and made a part hereof.
SIGNIED:
Date:
STATE OF CALIFORNIA }
}
COUNTY OF }
On ,before me
personally appeared
personally known to me(or proved to me on the basis of
satisfactory evidence)to be the person(s),whose name(s)
is/are subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in his/her/their
authorized capacity(ies),and that by his/her/their signature(s)
on the instrument the person(s)or the entity upon behalf of
which the person(s)acted,executed the instrument.
WITNESS my hand and official seal.
Signature (This area for official notarial seal)
MAIL TAX S'T'ATEMENTS AS DIRECTED ABOVE
Ci is extra t from County transfer tax
S:iBrentwoo&TO#39-CCCFC ParcelsiGrant Deed.0711(t3.doc—isb 123102
Exhibit "A"
Portion of the southwest '/4 of Section 2, Township 1 North, Range 2 East, Mount Diablo
Meridian, and more particularly described as a portion of that parcel of land described in
the deed to Rudolph J. Vera and Carmen Vera, his wife, and Louis J. Mendoza and
Catherine Mendoza, his wife, recorded January 11, 1965 in Book 4780 of Official
Records at page 137, being all of that parcel of land granted to Contra Costa County
Flood Control and Water Conservation District, recorded August 10, 1977 in Book 8457
of Official Records at page 174, Records of Contra Costa County, State of California,
described as follows:
Beginning at the intersection of the south line of Lone Tree Way, a County read, with
the southwesterly line of Fairview Avenue, a County road, thence southeasterly along
said southwesterly line of Fairview Avenue South 340 46' 01" East 196.00 feet (The
bearing South 34° 46' 01" East being taken for the purpose of this description) 196.00
feet; thence leaving said southwesterly line, South 550 13' 59" West 15.00 feet to a point
on a line parallel with and 15.00 feet measured at right angles from said southwesterly
line of Fairview Avenue, thence along said parallel line North 3411 46' 01" West 148.00
feet; thence leaving said parallel line, North 500 46' 01" West 77.12 feet to the southerly
line of Lore Tree Way; thence southeasterly along said southerly line, South 881 58' 35"
East 44,71 feet to the point of beginning.
Containing an area of 3646 square feet of land more or less.
SUBJECT TO: A storm drain easement in favor of Contra Costa County Flood Control
and Water Conservation District described as follows:
Commencing at the southern corner of the parcel described above parcel thence along
the southwesterly line thereof north 34° 46' 01" west, 29.00 feet to the point of
beginning, thence from said point of beginning continuing along the last line north 340
46' 01" west 14.00 feet; thence leaving said line north 550 13' 59" east 15.00 feet to a
point on the northeasterly line of said "portion of C.C.C.F.C.D." parcel; thence along the
last line south 340 46' 01" east, 14.00 feet; thence leaving the last line south 55" 13' 5 "
west 15.00 feet to the point of beginning.
Containing an area of 210 square feet of land more or less.
This real property description has been prepared by me or under my direction, in
conformance with the Professional Land Surveyors Act.
,I D ' �y
Signatur e' IME
icensed Land Surveyor �, -
Contra Costa County Public Works Exp. 12-31-04
No.5999 �
Date: OF CAS-���¢
EXHIBIT "B"
FLAT TO ACCOMPANY EXHIBIT "A11
LONE TREE WAY
S88° 58'35"E POB r
44.71`
' 0
LINE DATA TABLE
No. Bearing Length z�
L1 S 55013'59" W 15.00'
L2 N 340 46'01" W 14.00'L3 I S 340 45'01" E 14.00'
L4 IN 55° 13'59" E 15.00'
* K
AREA SUBJECT TO STORM DRAIN `�'�•
EASEMENT TO CONTRA COSTA N
COUNTY FLOOD CONTROL AND
WATER CONSERVATION DISTRICT
Instrument : Grant geed Scale i"-40' Date APRIL 2004
Drawn By. PP
Series Na. RecordedGad File RW833304.dgn