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AGENDA BILL Agenda Item No. 5(E) Date: March 17, 20 To: El Cerrito City Council From: Melanie Mintz, Interim Community Development Director Hilde Myall, Housing Program Manager Subject: Priority Development Area Planning Grant – Cooperative Funding Agreement PDA.8.EC ACTION REQUESTED Adopt a resolution authorizing the City Manager to execute a Cooperative Funding Agreement PDA.8.EC between the Contra Costa Transportation Authority (CCTA) and the City of El Cerrito to fund the Priority Development Area (PDA) planning grant to develop the El Cerrito San Pablo Avenue PDA Implementation Plan. BACKGROUND The Metropolitan Transportation Commission (MTC) gave the Congestion Management Agencies, including the Contra Costa Transportation Authority, the responsibility for carrying out part of the Priority Development Area (PDA) Planning Grant Program. MTC allocated $2.745 million to CCTA for PDA planning grants in Contra Costa. To implement the program, the CCTA released a request for qualifications in March 2014 for on-call consultant teams to support the planning grants and a call for projects in June 2014 for the planning grants themselves. The City of El Cerrito submitted a grant proposal for $317,000 for a scope of work to develop the San Pablo Avenue PDA Implementation Plan. Building off of the adopted San Pablo Avenue Specific Plan (SPASP) and Complete Streets Plan - and related plans such as the upcoming San Pablo Avenue Multimodal CIP, the El Cerrito Active Transportation Plan and Urban Greening Plan – the proposed Implementation Plan will result in further analyses and identification of targeted strategies to advance development of the City’s Priority Development Area and San Pablo Avenue Specific Plan. A summary of the Scope of Work is provided as Exhibit A to the Coop Agreement. In September 2014, the CCTA approved El Cerrito’s PDA Planning Grant proposal, along with nine other planning grant proposals, and began working with El Cerrito staff to select the consultant team and refine the scope of work for the Implementation Plan. The total grant amount awarded is $317,000. ANALYSIS Similar to other funding agreements between the City and CCTA, the CCTA has proposed entering into a Cooperative Funding Agreement for the PDA Planning Grant funds (Coop Agreement). The Coop Agreement establishes the roles and process for grant funding and performance of the scope of work. The CCTA will be responsible for administering the PDA grant funding and the contract with the consultant team selected to perform the Implementation ---PAGE BREAK--- Agenda Item No. 5(E) Plan. El Cerrito staff will be responsible for managing and directing the substantive work of the consultants. The City will also be responsible for providing a pmtion of the 11.47 percent local match, which will be provided through staff costs expended in working on the planning activity. The term of the Coop Agreement will be 36 months from the effective date. FINANCIAL CONSIDERATIONS Recipients of these funds must comply with the requirements of the federal aid process including the requirement to provide at least 11.47 percent of the full cost of the planning activity funded (the "local match"). The required local match for the $317,000 grant amount is $36,400. Most of this will be provided through staff costs associated with the project; a portion of this will be offset by CCT A staff time. Staff costs associated with managing grant activities are already included in the FY 2014-15 and FY 2015-16 budgets in the Community Development Depatiment and no new funds are required. LEGAL CONSIDERATIONS The City Attorney has reviewed the proposed action and agreement, and found that legal considerations have been addressed. Reviewed by: Scott Hanin City Manager Attachments: 1. Accompanying Resolution 2. Cooperative Funding Agreement PDA.8.EC Page 2 ---PAGE BREAK--- Agenda Item No. 5(E) Attachment 1 RESOLUTION 2015-XX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO AUTHORIZING THE MAYOR TO EXECUTE THE COOPERATIVE FUNDING AGREEMENT PDA.8.EC BETWEEN THE CONTRA COSTA TRANSPORTATION AUTHORITY AND THE CITY OF EL CERRITO TO FUND THE PRIORITY DEVELOPMENT AREA (PDA) PLANNING GRANT TO DEVELOP THE EL CERRITO SAN PABLO AVENUE PDA IMPLEMENTATION PLAN WHEREAS, the Metropolitan Transportation Commission (MTC) is the designated Metropolitan Planning Organization (MPO) for the nine-county San Francisco Bay Area region and is required to prepare and endorse a Transportation Improvement Program (TIP) which includes federal funds; and WHEREAS, the Contra Costa Transportation Authority (CCTA), which serves as the Congestion Management Agency for Contra Costa County, has assumed responsibility for certain planning and programming activities, work tasks and products that support MTC's Overall Work Program, including the administration of the Priority Development Area (PDA) Planning Grant Program in Contra Costa County; and WHEREAS, MTC authorized $2.745 million in regional federal funds to CCTA through the PDA Planning Grant Program to provide grants to local jurisdictions to support planning in their PDAs consistent with MTC Resolution 4035. Recipients of these funds must comply with the requirements of the federal aid process including the requirement to provide at least 11.47 percent of the full cost of the planning activity funded (local match); and WHEREAS, the CCTA will be responsible for administering the grant funding and the contracts with the consultant teams providing planning support services related to the PDA Planning Grant Program, and local jurisdictions will be responsible for overseeing the planning projects and providing at least the 11.47 percent local match, all or a portion of which may be provided through El Cerrito and CCTA staff costs expended working on the planning activity; and WHEREAS, the CCTA has approved the City of El Cerrito San Pablo Avenue Implementation Plan proposal as one of ten planning projects to be funded through PDA Planning Grant Program in an anticipated grant amount of $317,500; and WHEREAS, matching funds will be provided through staff costs included in the FY 2014-15 and FY 2015-16 budgets in the Community Development Department - and no new funds are required; and WHEREAS, the City of El Cerrito and the CCTA desire to work together to develop the San Pablo Avenue Implementation Plan and, further, desire to enter to a Cooperative Funding Agreement for the PDA Planning Grant funds. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of El Cerrito that it hereby authorizes the Mayor of the City of El Cerrito to execute Cooperative Agreement PDA.8.EC between the Contra Costa Transportation Authority (CCTA), City of El Cerrito, (any other cities) to accept disbursement of $317,500 in PDA Planning Grant Program funds from the CCTA to the selected consultant team to perform the scope of work on the San Pablo Avenue Implementation Plan. ---PAGE BREAK--- Agenda Item No. 5(E) Attachment 1 BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon passage and adoption. I CERTIFY that at a regular meeting on March 17, 2015 the City Council of the City of El Cerrito passed this Resolution by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: IN WITNESS of this action, I sign this document and affix the corporate seal of the City of El Cerrito on March XX, 2015. Cheryl Morse, City Clerk APPROVED: Mark Friedman, Mayor ---PAGE BREAK--- Cooperative Funding Agreement PDA.8.EC between Contra Costa Transportation Authority and the City of El Cerrito This COOPERATIVE FUNDING AGREEMENT (this “AGREEMENT”) is effective this 18th day of March 2014 (the “EFFECTIVE DATE”) between CONTRA COSTA TRANSPORTATION AUTHORITY, a local transportation authority (“AUTHORITY”) and the CITY OF EL CERRITO, a municipal corporation of the State of California (“SPONSOR”), each separately, a “PARTY”. RECITALS THE PARTIES ENTER THIS AGREEMENT on the basis of the following facts, understandings and intentions: A. The Metropolitan Transportation Commission (MTC) is the designated Metropolitan Planning Organization (MPO) for the nine-county San Francisco Bay Area region and is required to prepare and endorse a Transportation Improvement Program (TIP) which includes federal funds. B. MTC is the designated recipient for federal funding administered by the Federal Highway Administration (FHWA) assigned to the Metropolitan Planning Organization (MPO)/Regional Transportation Planning Agency (RTPA) of the San Francisco Bay Area for the programming of projects (regional federal funds). C. MTC Resolution 4035 adopted July 23, 2014 establishes the “Project Selection Policies and Programming” for projects to be funded with Cycle 2 Program regional federal funds and includes funding for the PDA Planning Grant Program designed to support planning for Priority Development Areas (PDAs) that will help provide Agenda Item No. 5(E) Attachment 2 ---PAGE BREAK--- Cooperative Agreement No. PDA.8.EC between Contra Costa Transportation Authority and the City of El Cerrito housing, jobs and intensified land use, promote alternative modes of travel to the single occupancy vehicle, and manage parking demand. D. AUTHORITY, which serves as the Congestion Management Agency for Contra Costa County, has assumed responsibility for certain planning and programming activities, work tasks and products that support MTC's Overall Work Program, including the administration of the PDA Planning Grant Program in Contra Costa County. E. MTC authorized $2.745 million in regional federal funds to AUTHORITY through the PDA Planning Grant Program to provide grants to local jurisdictions to support planning in their PDAs consistent with MTC Resolution 4035. Recipients of these funds must comply with the requirements of the federal aid process including the requirement to provide at least 11.47 percent of the full cost of the planning activity funded (the “local match”). F. In the process for implementing the PDA Planning Grant Program in Contra Costa County adopted by the AUTHORITY in December 2013, the AUTHORITY will be responsible for administering the grant funding and the contracts with the consultant teams providing planning support services, and local jurisdictions will be responsible for overseeing the planning projects and providing at least the 11.47 percent local match, all or a portion of which may be provided through the staff costs expended working on the planning activity. G. In September 2014, AUTHORITY approved a list of five consultant teams to provide planning support services and ten planning projects to be funded through the PDA Planning Grant Program, including the El Cerrito San Pablo Ave PDA Implementation Plan, the “PROJECT”. H. SPONSOR and AUTHORITY desire to work together to develop the PROJECT. Page 2 ---PAGE BREAK--- Cooperative Agreement No. PDA.8.EC between Contra Costa Transportation Authority and the City of El Cerrito Section I SPONSOR AGREES: A. To manage and direct the substantive work of the consultants assigned to the PROJECT including, but not limited to, providing necessary data and materials, reviewing and overseeing the revision of work products, and supporting public outreach efforts. B. To provide AUTHORITY and MTC with copies of reports and other documents developed as part of the PROJECT scope. These reports and documents shall carry the following notation on the front cover of title page: “The preparation of this report has been financed through a grant from the U.S. Department of Transportation and the Federal Highway Administration. Content of this report does not necessarily reflect the official views or policy of the U.S. Department of Transportation.” MTC, AUTHORITY, and any federal agency providing funding under the terms of this AGREEMENT shall have the right to reproduce, publish or otherwise use, or authorize others to use the information developed from this PROJECT. C. To provide the required local match for the PDA Planning Grant Program funds in either staff time or direct reimbursement to the AUTHORITY. AUTHORITY will offset a portion of this required local match using AUTHORITY staff time. D. To document staff time and costs expended on the PROJECT in a form consistent with Exhibit B, or any revisions to Exhibit B needed to make it consistent with the Caltrans Local Assistance Procedures Manual, and submit to CCTA within 20 days of the end of each quarter during which the PROJECT is ongoing. In addition, SPONSOR agrees to provide AUTHORITY with or quarterly progress reports and financial information as may be reasonably requested by AUTHORITY or MTC. Page 3 ---PAGE BREAK--- Cooperative Agreement No. PDA.8.EC between Contra Costa Transportation Authority and the City of El Cerrito E. SPONSOR acknowledges that the AUTHORITY may redirect funding for the PROJECT in the event that the PROJECT is delayed or fails to be completed. SPONSOR shall use its best efforts to notify AUTHORITY in writing in the event that it encounters difficulty that is expected to delay the timely performance of the PROJECT, and AUTHORITY agrees to cooperate with SPONSOR to work out a mutually satisfactory course of action with SPONSOR. F. RECORDS AND AUDITS: 1. RECORDS: SPONSOR shall maintain full and adequate books, records, accounts, and any and all work products, materials, and other data relevant to its performance under this AGREEMENT for a minimum of three years following completion or termination of PROJECT and, if any litigation, claim, negotiation, audit, or other action has been started prior to the end of such three years, then until the completion of the action and any resolution of all issues which arise from it, or the end of the three year period, whichever is later. SPONSOR shall maintain books and accounts in accordance with 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. For the purpose of determining compliance with Title 21, California Code of Regulations, Section 2500 et seq., when applicable, and other matters in connection with the performance of SPONSOR'S contracts with third parties pursuant to Government Code Section 8546.7, SPONSOR and its contractors and subcontractors shall each maintain all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts and make the same available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment by AUTHORITY hereunder. AUTHORITY, MTC, the California State Auditor, the federal Department of Transportation (DOT), Federal Highway Administration (FHWA), Comptroller General of the United States or federal auditors shall have access to any books, records, and documents that are pertinent to this AGREEMENT or the PROJECT for audits, examinations, excerpts, and transactions and copies thereof shall be furnished by SPONSOR if requested. Page 4 ---PAGE BREAK--- Cooperative Agreement No. PDA.8.EC between Contra Costa Transportation Authority and the City of El Cerrito 2. AUDITS: SPONSOR will provide thorough and complete accounting for all funds expended in the performance of this work to the degree necessary to permit regular examination by AUTHORITY, MTC, the California State Auditor, the Comptroller General of the United States or federal auditors and consistent with 49 Code of Federal Regulations, Part 18. SPONSOR shall permit authorized representatives of DOT, the Comptroller General of the United States, FHWA, MTC and AUTHORITY to inspect and audit all data and records relating to SPONSOR's performance under this AGREEMENT, including data and records pertaining to subcontracts. All accounting records, data, and supporting documentation will remain available for review and audit for a period of not less than three years after submission by MTC of the final expenditure report for federal contracts providing funds under this AGREEMENT. SPONSOR shall be responsible for meeting audit requirements of the "Single Audit Act of 1984" as implemented by OMB Circular A-133 and any revision or supplement thereto. SPONSOR shall annually submit to AUTHORITY and MTC one copy of its audit completed in accordance with the above-described single audit requirements within 30 days after completion of the audit, but no later than one year after the end of the audit period. If SPONSOR fails to comply with the above audit requirement, AUTHORITY is not required to provide any PDA Planning Grant funds under this AGREEMENT until such audit has been submitted. Section II AUTHORITY AGREES: A. To obtain authorization from Caltrans and FHWA to use the $2.745 million in regional federal funds for the PDA Planning Grant Program in Contra Costa. B. To provide consultant planning support services for the PROJECT consistent with the scope of work and milestone schedule in Exhibit A. C. To offset a portion of the required local match using AUTHORITY staff time. Page 5 ---PAGE BREAK--- Cooperative Agreement No. PDA.8.EC between Contra Costa Transportation Authority and the City of El Cerrito D. To assist SPONSOR in delivering the project. E. To submit invoices for work on the PROJECT conducted by the consultant team and SPONSOR consistent with the requirements of Caltrans and FHWA. F. To provide forty-eight hours advance written notice of any audit to be conducted relating to this AGREEMENT. G. To comply with the requirements of the AGREEMENT as applicable to the AUTHORITY. Section III THE PARTIES MUTUALLY AGREE: A. TERM: The Termination Date for this AGREEMENT shall be 36 months from the date this AGREEMENT is executed unless terminated at such other time by the written consent of all the parties hereto. Termination Date may be modified only if mutually agreed to in writing by both SPONSOR and AUTHORITY. B. 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. C. 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. D. ASSIGNMENT: SPONSOR may not assign, transfer, hypothecate, or pledge this AGREEMENT to any other party. Page 6 ---PAGE BREAK--- Cooperative Agreement No. PDA.8.EC between Contra Costa Transportation Authority and the City of El Cerrito E. INDEMNITY: It is mutually understood and agreed, relative to the reciprocal indemnification of AUTHORITY and SPONSOR: 1. SPONSOR shall indemnify, defend, and hold harmless AUTHORITY and AUTHORITY's Board, representatives, agents, officers and employees from and against all claims, injury, suits, demands, liability, losses, damages and expenses, whether direct or indirect (including any and all costs and expenses in connection therewith), incurred by reason of any act or failure to act of SPONSOR, its officers, employees or agents, or subcontractors or any of them by reason of anything done or omitted to be done by SPONSOR under or in connection with any work, authority or jurisdiction delegated to SPONSOR under this AGREEMENT. It is also understood and agreed that, pursuant to Government Code Section 895.4, SPONSOR shall fully indemnify and hold AUTHORITY harmless from any liability imposed for injury and damages (as defined by Government Code Section 810.8) or environmental obligations or duties occurring by reason of anything done or omitted to be done or imposed by obligation of law or assumed by SPONSOR under this AGREEMENT or in connection with any work, authority, or jurisdiction delegated to SPONSOR under this AGREEMENT. 2. AUTHORITY shall indemnify, defend, and hold harmless SPONSOR and SPONSOR's council, representatives, agents, officers and employees from and against all claims, injury, suits, demands, liability, losses, damages and expenses, whether direct or indirect (including any and all costs and expenses in connection therewith), incurred by reason of any act or failure to act of AUTHORITY, its officers, employees or agents, or subcontractors or any of them by reason of anything done or omitted to be done by AUTHORITY under or in connection with any work, authority or jurisdiction delegated to AUTHORITY under this AGREEMENT. It is also understood and agreed that, pursuant to Government Code Section 895.4, AUTHORITY shall fully indemnify and hold SPONSOR harmless from any liability imposed for injury and damages (as defined by Government Code Section 810.8) or environmental obligations or duties occurring by reason of anything done or omitted to be done or imposed by obligation of law or assumed by AUTHORITY under this AGREEMENT or in Page 7 ---PAGE BREAK--- Cooperative Agreement No. PDA.8.EC between Contra Costa Transportation Authority and the City of El Cerrito connection with any work, authority, or jurisdiction delegated to AUTHORITY under this AGREEMENT. F. COMPLIANCE WITH LAWS: AUTHORITY and SPONSOR shall comply with all applicable federal and State laws and regulations regarding the work performed and the reimbursements and funds requested or used under this AGREEMENT. G. NOTICES: Any notice which may be required under this AGREEMENT shall be in writing, shall be effective when received, and shall be given by personal service or by certified or registered mail, return receipt requested, to the addresses set forth below, or to such addresses which may be specified in writing by the parties hereto. SPONSOR: Hilde Myall Housing Program Manager 10890 San Pablo Avenue El Cerrito, CA 94530 AUTHORITY: Brad Beck Senior Transportation Planner 2999 Oak Road, Suite 100 Walnut Creek CA 94597 H. TERMINATION OR CANCELLATION: 1. By written mutual consent of both parties, this AGREEMENT may be terminated at any time. 2. Either party may terminate this AGREEMENT at any time for cause pursuant to a power created by the AGREEMENT or by law, otherwise than for breach, by giving written notice of termination to the other party which shall Page 8 ---PAGE BREAK--- Cooperative Agreement No. PDA.8.EC between Contra Costa Transportation Authority and the City of El Cerrito specify both the cause and the effective date of termination. Notice of termination under this provision shall be given at least ninety (90) days before the effective date of such termination. Payment shall be made by the AUTHORITY for all services rendered by SPONSOR to the PROJECT pursuant to this AGREEMENT up to the time of termination, subject to any expenditure limits applicable to this AGREEMENT. 3. This AGREEMENT may be canceled by a PARTY for breach of any obligation, covenant, or condition hereof by the other PARTY, upon written notice to the breaching PARTY. With respect to any breach that is reasonably capable of being cured, the breaching PARTY shall have 30 days from the date of the notice to initiate steps to cure. If the breaching PARTY diligently pursues cure, such PARTY shall be allowed a reasonable time to cure, not to exceed thirty (30) days from the date of the initial notice, unless a further extension is granted by the non-breaching PARTY. On cancellation, the nonbreaching PARTY retains the same rights as a PARTY exercising its right to terminate under the provisions of this Section, except that the canceling PARTY also retains any remedy for breach of the whole contract or any unperformed balance. I. ENTIRE AGREEMENT: This AGREEMENT is the entire AGREEMENT among AUTHORITY and SPONSOR relating to the subject matter of this AGREEMENT. AUTHORITY and SPONSOR acknowledge they have not relied upon any promise, representation or warranty not expressly set forth in this AGREEMENT in executing this AGREEMENT. J. SEVERABILITY: Should any part of this AGREEMENT be determined to be unenforceable, invalid, or beyond the AUTHORITY of SPONSOR to enter into or carry out, such determination shall not affect the validity of the remainder of this AGREEMENT which shall continue in full force and effect, provided that the remainder of this AGREEMENT can, absent the excised portion, be reasonably interpreted to give effect to the intentions of the parties. Page 9 ---PAGE BREAK--- Cooperative Agreement No. PDA.8.EC between Contra Costa Transportation Authority and the City of El Cerrito K. WAIVER: No waiver by a PARTY of any default or breach of any covenant by the other PARTY shall be implied from any omission to take action on account of such default if such default persists or is repeated and no express waiver shall affect any default other than the default specified in such waiver and then such waiver shall be operative only for the time and to the extent stated in such waiver. Waivers of any covenant, term or condition contained herein shall not be construed as a waiver of any subsequent breach of the same covenant, term or condition. No waiver of any provision under this AGREEMENT shall be effective unless in writing and signed by the waiving PARTY. L. CONTROLLING LAW AND VENUE: This AGREEMENT and all matters relating to it shall be governed by the laws of the State of California and venue shall be in Contra Costa County. M. AUTHORITY: All PARTIES executing this AGREEMENT represent and warrant that they are authorized to do so. N. COUNTERPARTS: This AGREEMENT may be executed in counterparts. O. LIMITATIONS: All obligations of AUTHORITY under the terms of this AGREEMENT are expressly subject to the AUTHORITY’S continued authorization to receive and expend federal funds as the Congestion Management Agency for Contra Costa County. If for any reason the AUTHORITY’S right to receive and expend such federal funds is terminated or suspended in whole or part, the AUTHORITY shall notify SPONSORS, and the PARTIES shall consult on a course of action. If, after twenty five (25) working days, a course of action is not agreed upon by the parties, this AGREEMENT shall be deemed terminated by mutual or joint consent; provided, that any obligation to fund from the date of the notice shall be expressly limited by and subject to the lawful ability of the AUTHORITY to expend sales tax proceeds for the purposes of this AGREEMENT; and (ii) the availability, taking into consideration all the obligations of the AUTHORITY under all outstanding contracts, agreement to other obligations of the AUTHORITY, of funds for such purposes. Page 10 ---PAGE BREAK--- Cooperative Agreement No. PDA.8.EC between Contra Costa Transportation Authority and the City of El Cerrito P. EXHIBITS: EXHIBITS A through C are hereby incorporated by reference and made a part of this AGREEMENT. The exhibits are as follows: EXHIBIT A: Scope of Work; EXHIBIT B: Invoicing Procedure; EXHIBIT C: AUTHORITY boardletter approving PDA Planning Grant. AUTHORITY SPONSOR BY: BY: Julie K. Pierce Chair Mark Friedman Mayor ATTEST: ATTEST: BY: BY: Randell H. Iwasaki Executive Director Cheryl Morse City Clerk APPROVED as to legal form: APPROVED as to legal form: BY: BY: Malathy Subramanian Authority Counsel Sky Woodruff City Attorney Page 11 ---PAGE BREAK--- Cooperative Agreement No. PDA.8.EC between Contra Costa Transportation Authority and the City of El Cerrito Exhibit A Scope of Work This summary work scope describes the work to be performed by the consultants for the San Pablo PDA Implementation Plan. It will be used as a framework for a more detailed work scope to be negotiated between the City, CCTA and the consultants. The purpose of the San Pablo Avenue Specific Plan is to articulate a vision for the future of San Pablo Avenue, identify improvements, and adopt context-sensitive regulations that can be applied along its length and to adjacent areas. The Plan's key principles are to deepen a sense of place and community identity, attract private investment, strengthen partnerships, enhance the public realm, promote the everyday use of transit, walking, and biking, and foster environmental sustainability. The Implementation Plan will assess the gaps in the plan and identify what is needed to have the plan become a working set of policies and strategies. 1. Project Kickoff Purpose: Refine the scope and schedule, and identify important background data and contacts. It is anticipated that as part of this task the consultants would: Participate in a coordination teleconference. Participate in a Kickoff Meeting to review and discuss project objectives. Along with staff, they would participate in a site tour and documentation the information gained. Refine scope and schedule. They would create a background data request of the city They would work with staff on stakeholder identification. Task 1 Key Deliverables: Project Scope, Kickoff Meeting, Summary Notes, Background Data Request Page 12 ---PAGE BREAK--- Cooperative Agreement No. PDA.8.EC between Contra Costa Transportation Authority and the City of El Cerrito 2A. Background and Analysis: Existing Policy Assessment Purpose: Assess the existing planning, regulatory, and policy background to understand where there are gaps in order to further define subsequent tasks and deliverables. Tasks are expected to include: Base map preparation and Specific Plan Maps interpretation Review of relevant policy and regulatory background documents Assess the existing implementation framework and perform a gap analysis o Planning and Regulatory Analysis (General Plan, Specific Plan, Zoning Ordinance) o Policy Analysis: Housing, Parking, Open Space o Existing CIP/Infrastructure and Policy Analysis Compile a Policy Framework Assessment/Gap Analysis Memo Staff meeting to discuss draft memo Task 2A Key Deliverables: Draft Policy Framework Assessment/Gap Analysis Memo that reviews the SPASP and identifies any gaps in housing, parking, open space and infrastructure needs or strategies; summary meeting notes. 2B. Background and Analysis: Mixed Use/Housing Infill “Readiness” Purpose: Complete the bulk of the market analysis work in order to communicate the “readiness” of certain sites within the PDA, and the PDA as a whole, and provide direction on how infrastructure, parking, affordable housing, and other issues identified in Task 2a gaps factor into this “readiness.” Analysis of past economic studies in the PDA Market Analysis: current local and regional market conditions, demand and supply of commercial and residential in the PDA and regionally, marketability of the corridor, forecast for urban growth, and identification of market prototypes. Constraints/Opportunities assessment Selection of Opportunity Sites through stakeholder engagement and considering landowner interest. Infrastructure Capacity Assessment (Telecommunications and Sanitary System) Parking Supply and Demand Assessment, and an evaluation of parking policies and programs throughout PDA. Page 13 ---PAGE BREAK--- Cooperative Agreement No. PDA.8.EC between Contra Costa Transportation Authority and the City of El Cerrito Affordable Housing Assessment including need, and practical strategies to support supply. Compile Mixed Use/Housing “Readiness” that identifies opportunities and constraints, alternatives analysis and financial feasibility Memo Staff meeting to discuss draft memo Task 2B Key Deliverables: Draft Commercial, Office, Mixed Used and Residential Only “Readiness” Memos, and meeting summary notes 3. Site Testing, Revitalization and Implementation Strategies Purpose: Focus on the obstacles to development of key opportunity sites selected during Phase 2B Site testing for opportunity sites selected during Phase 2B Pro forma analysis of opportunity sites/market thresholds (constraints to development and gaps to overcome to “jumpstart” key sites) Regulatory performance analysis Compile Draft infill Strategy Memo Staff Meeting to discuss draft memo Task 3 Key Deliverables: Draft Infill Strategy memo, meeting summary notes. 4. Financing and Implementation Plan Purpose: Complete the bulk of the financial work described in the grant application which included establishing a menu of financing sources that are appropriate for targeted public facilities and programs, evaluating the revenue-generating capacity from likely financing sources, prepare a nexus study, evaluate impact of the proposed fees on the financial feasibility of new development, and develop a financing plan. In this work scope the consultants will complete: Cost analysis of existing and recommended public projects and programs Menu of financing sources and fiscal impact Nexus study Impact Fee Analysis and Phasing Recommendation Page 14 ---PAGE BREAK--- Cooperative Agreement No. PDA.8.EC between Contra Costa Transportation Authority and the City of El Cerrito Financing Plan Recommended changes to planning/regulatory framework Other implementation strategies (eg parking, affordable housing) Compile draft Implementation Strategy Memo Staff meeting to discuss draft memo Task 4 Key Deliverables: Cost analysis of public projects and programs, a Nexus Study, an Impact Fee Analysis and a Draft Financing and Implementation Plan that describes how the implementation recommendations fit into the overall vision. Meeting summary notes. Phase 5: Project Implementation and Finalization Purpose: Focus on of the 4 memos into a PDA Implementation Plan. Compile memos into Draft PDA Implementation Plan Staff Meeting to discuss draft Prepare for joint PC/CC workshop to review/discuss recommendations Joint PC/CC workshop to review/discuss recommendations Finalize Implementation Strategy based on staff and public comments Task 5 Key Deliverables: Draft PDA Implementation Plan, joint PC/CC meeting presentation, meeting summary notes Page 15 ---PAGE BREAK--- Cooperative Agreement No. PDA.8.EC between Contra Costa Transportation Authority and the City of El Cerrito Exhibit B Invoicing Procedures PROCEDURE FOR INVOICES PREPARED BY SPONSOR FOR SUBMITTAL TO AUTHORITY: I. SPONSOR shall prepare and submit invoices to AUTHORITY on a quarterly basis (January-March, April-June, etc.) within 20 calendar days of the close of each quarter; II. Each invoice shall include A. A cover letter signed by the SPONSOR's authorized representative that includes the following: 1. The quarterly period for which the invoice applies 2. A sequential billing number 2, 3,...etc.) 3. Reference to this AGREEMENT, including this Cooperative AGREEMENT number 4. A summary of progress on the PROJECT during the period covered by the invoice 5. A summary of costs incurred by SPONSOR staff and during the period covered by the invoice that SPONSOR will use for its required local match, and 6. Cumulative local match provided to date B. A table summarizing staff costs incurred that includes: Page 16 ---PAGE BREAK--- Cooperative Agreement No. PDA.8.EC between Contra Costa Transportation Authority and the City of El Cerrito 1. Name and title of each staff person 2. Total hours worked during the period covered 3. Hourly rate, which is comprised of the base salary plus benefits for that employee 4. Total cost for each employee during the period covered by this invoice 5. Sum of costs for all employees during the period covered by this invoice C. A detailed listing of each day an employee worked on PROJECT during the period covered and the number of hours that employee worked on that day and the total number of hours that employee worked on PROJECT during the period covered D. SPONSOR may provide the information outlined in Items A, B and C in an alternative format with prior approval of AUTHORITY Page 17 ---PAGE BREAK--- Planning Committee STAFF REPORT Meeting Date: September 3, 2014 S:\05-PC Packets\2014\09\Authority\4.B.7 - PDA Planning Grants.docx Subject Approval of Recommended PDA Planning Grant Program Summary of Issues MTC gave the Congestion Management Agencies, including the Authority, the responsibility for carrying out part of the Priority Development Area (PDA) Planning Grant Program. It allocated $2.745 million to the Authority for PDA planning grants in Contra Costa. To implement the program, the Authority released a request for qualifications in March for on-call consultant teams to support the planning grants and a call for projects in June for the planning grants themselves. Working with review committees made up of local staff, Authority staff has developed a recommended list of consultant teams and planning grants. Recommendations Staff recommends approval of recommended PDA Planning Grants and list of on-call consultant teams. Financial Implications MTC allocated $2.745 million in federal STP funds for PDA Planning Grants in Contra Costa. These funds will require a local match of $357,000. This match can be provided through in-kind services. Options The Planning Committee could reject or revise the recommendations. Attachments (See PC packet dated 9/3/14) A. Recommended Consultant Teams B. Summary of Recommended Planning Grants C. Schedule for PDA Planning Grants Changes from Committee None Background As part of its Resolution 4035, MTC allocated $2.745 million to the Authority to fund the PDA Planning Grant Program in Contra Costa. According to Resolution 2035, “[g]rants will be made to jurisdictions to provide support in planning for PDAs in areas such as providing housing, jobs, intensified land use, promoting alternative modes of travel to the single occupancy vehicle, and parking management.” 4.B.7-1 ---PAGE BREAK--- Planning Committee STAFF REPORT September 3, 2014 Page 2 of 5 S:\05-PC Packets\2014\09\Authority\4.B.7 - PDA Planning Grants.docx The Authority’s Initial PDA Strategy included the criteria and process for implementing the program in Contra Costa. This process included the following steps: 1. Establish a list of consultant teams with the capacity to provide eligible planning services and enter into contracts with them. 2. Select projects to receive planning grants and enter into agreements with project sponsors to spell out responsibilities, including provision of local match. 3. Work with project sponsors to select consultant teams to prepare the planning studies and develop a detailed scope and schedule for each. 4. For each planning study approve task orders outlining the detailed scopes and schedules. 5. Working with project sponsors and consultants, support the development of the planning studies. Recommended List of Consultant Teams On March 7, 2014, the Authority released a Request for Qualifications (RFQ) No. 14-1 for consultant teams interested in preparing a variety of planning studies for local agencies that would support the development of Priority Development Areas, or PDAs, in Contra Costa. The RFQ required that firms or teams responding have sufficient experience and comprehensive skills in: Transportation planning, design and analysis Land use and urban design Developer financing, residential and commercial market assessment, project implementation, and economic revitalization Environmental assessment, and Community outreach. In response, the Authority received qualifications from 14 consultant teams: ARUP BMS Group Community Design & Architecture Inc. Dyett & Bhatia Kittelson & Associates MIG Opticos Design Perkins + Will Placeworks PMC Raimi + Associates Stantec TJKM Transportation Wallace Roberts & Todd (WRT) 4.B.7-2 ---PAGE BREAK--- Planning Committee STAFF REPORT September 3, 2014 Page 3 of 5 S:\05-PC Packets\2014\09\Authority\4.B.7 - PDA Planning Grants.docx The qualifications were reviewed by a committee made up of local staff familiar with land use and transportation planning, especially in PDAs or infill areas, and Authority staff. (The committee was made up of Leigha Schmidt, City of Pittsburg; Carol Johnson, City of Concord; Debbie Chamberlain, City of San Ramon; Yvetteh Ortiz, City of El Cerrito; and Brad Beck, Authority staff.) After reviewing the submitted qualifications, the committee selected six teams to interview. As a result of the interviews, the committee recommended the following five teams to provide consultant support for the PDA planning studies: 1. ARUP 2. Opticos Design 3. Perkins + Will 4. Raimi + Associates 5. Wallace Roberts & Todd (WRT) The review committee recommended ARUP, Perkins + Will and WRT as the three firms that most clearly met the scoring criteria and would be able to provide the services most likely to be needed for the planning activities selected for funding. The review committee also agreed that both Raimi and Opticos had experience and skills that might also be useful for local agencies: Raimi has a focus on health and design that is an increasingly important concern in planning, while Opticos has the greatest experience in form-based codes which could also be useful to a local agency. A full list of the teams, including proposed subconsultants, is included in Attachment A. Recommended List of Planning Grants The Authority released a call for projects for the PDA Planning Grants on June 3, 2014. In response, the Authority received ten applications as shown in the following table. A summary of the proposed scopes of work for the proposed planning studies is included in Attachment B. The $2.716 million requested is $29,000 less than the $2.745 million available for the grants, which means that the Authority could fund all ten of the applications. Because there is sufficient funding available to approve all ten applications, the committee reviewed the applications only for their eligibility for the program. The committee, made up of local and Authority staff, agreed that nine of the applications were clearly eligible for the program funding. They did, however, have questions about the scope of the Sustainable Communities Strategy (SCS) by Strengthening Public Health Plan proposed by the City of San Pablo that they felt needed to be clarified before approving its request. The reviewers were unsure what the “branding” task involved and whether it was an eligible component of the program. Authority staff is working with the City of San Pablo to clarify the scope and project purpose. 4.B.7-3 ---PAGE BREAK--- Planning Committee STAFF REPORT September 3, 2014 Page 4 of 5 S:\05-PC Packets\2014\09\Authority\4.B.7 - PDA Planning Grants.docx Project Applicant Request Local Match Required* City of Oakley Downtown PDA Market Study Oakley $100,000 $13,000 San Pablo Avenue Complete Streets Contra Costa County $300,000 $39,000 PDA Market and Fiscal Analysis Martinez $200,000 $26,000 Moraga Center Specific Plan Implementation Strategy Moraga $150,000 $20,000 SCS by Strengthening Public Health Plan San Pablo $149,000 $20,000 Grant, Salvio, and Oak Street Corridor Plan Concord $250,000 $33,000 Downtown Congestion Study for Implementing Lafayette's PDA Lafayette $450,000 $59,000 El Cerrito San Pablo Ave PDA Implementation Plan El Cerrito $317,000 $42,000 San Ramon IRH Trail Bike/Ped Overcrossings Bollinger Canyon & Crow Canyon Rd – Environmental Clearance San Ramon $150,000 $20,000 North Downtown Specific Plan Walnut Creek $650,000 $85,000 Totals $2,716,000 $357,000 * To receive federal funds, sponsors must provide local match of 11.47 percent. This match can be provided through either staff time or direct financial contributions. The Authority will provide the majority of this match through the funding of the PDA Planning Grant contract managers and assume the remainder would be provided through local staff time. Procurement of Contract Planning Manager Consultant Support Due to the number of meetings and workload involved in overseeing and participating in ten planning studies, it was necessary to procure additional consultant support services to help implement the PDA Planning Grant Program. In March, the Authority approved agreements with two contract planning managers — Paul Fassinger of CTP Consulting and Paul Krupka of Krupka Consulting — to provide this support. The total cost for the two contracts is $220,000, to be funded through Measure J Regional Planning (Org. OCP-18A). The contract planning managers will be responsible for working with project sponsors to match the consultant teams to the planning studies; to develop the scopes of work and budgets for the studies; to assist with contract negotiation and preparation, to prepare memoranda of understanding (MOUs) and task orders for the studies; to facilitate the studies themselves; and to prepare the invoicing to Caltrans. Providing Local Match As noted above, to receive federal funds through the PDA Planning Grant program, sponsors must provide a local match of 11.47 percent of the total cost of the planning project. In practice, this means that the Authority will receive 88.53 percent back in federal funds of the 4.B.7-4 ---PAGE BREAK--- Planning Committee STAFF REPORT September 3, 2014 Page 5 of 5 S:\05-PC Packets\2014\09\Authority\4.B.7 - PDA Planning Grants.docx total amount invoiced. The $2.745 million in federal STP funds allocated for the PDA Planning Grants program will require a local match of $357,000. In the Authority’s agreement with FHWA, some or all of the local match can be provided through in-kind staff or consultant services funded with non-federal funds. The Authority also may apply the $220,000 in Measure J funds for the contract planning managers overseeing implementation of the PDA Planning Grant program to provide part of the required match. Project sponsors may use their staff time — if properly documented and invoiced in a timely manner — to provide the remaining local match required. Assigning Consultant Resources and Developing Scopes of Work Once the Authority approves the list of consultant teams and planning grants, the Authority’s PDA planning managers would work with project sponsors to select the “best fit” to assign consultant teams to planning studies. Authority staff would then work with the consultant teams to refine the consultant scopes of work and determine the final budgets for each study. This process will likely be iterative, with considerable back and forth between the various parties involved. At present, the grant requests are $29,000 below the total available in grant funding. The Authority intends to use these remaining funds as a contingency to allow for potential changes in scope or schedule. Authority staff will begin the process of matching consultants and planning studies, setting budgets and scopes, and developing the consultant contracts and sponsor MOUs in September/October. We expect this process to take six to eight weeks with Authority approval of contracts and MOUs in December. TCC Review At its meeting on August 21, 2014, the TCC recommended approval of the proposed PDA planning grants and the proposed list of consultant teams. Committee members had a number of questions on the process for matching sponsor projects to consultant teams. One TCC member recommended that Authority staff send the qualifications for each team to the sponsors. Staff agrees that this would be an appropriate first step. A representative from the Building Industries Association noted its opposition to using federal transportation funds for land use planning. Authority staff noted that MTC created the program as a key strategy in Plan Bay Area for encouraging development in PDAs and achieving required greenhouse gas emissions reduction goals. 4.B.7-5