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HomeMy WebLinkAbout4.06 AlaCoCMA AlamoBike CITY CLERK File # 600-40 & 1060-90 AGENDA STATEMENT CZTY COUNCZL MEETZNG DATE: February 6, 2001 SUBJECT: Agreement with Alameda County Congestion Management Agency for Transportation Fund for Clean Air Funding for Alamo Creek Bike Path - Northern City Limits to Amador Valley Boulevard Report Prepared by: Lee S. Thompson, Public l/Vorks Director ATTACHMENTS: 1) 2) 3) Resolution approving Agreement with Alameda County Congestion Management Agency and authorizing City Manager to execute Agreement Agreement Location Map RECOMMENDATION: Adopt Resolution approving agreement with Alameda County Congestion Management Agency for Transportation Fund for Clean Air for the Alamo Creek Bike Path, including authorization for the City Manager to execute the Agreement FINANCIAL STATEMENT: This Agreement would provide approximately $107,000 from the Transportation Fund for Clean Air (TFCA) Program over the next three years to partially fund the construction of the Alamo Creek Bike Path project. The terms and conditions of this Agreement would advance the $107,000 to be available in Fiscal Year 2001- 2002. General Fund monies will be used to fund the remaining work to complete this project. DESCRIPTION: The proposed Alamo Creek Bike Path project will construct an asphalt concrete bike path along the west side of Alamo Creek from the northern City limits to Amador Valley Boulevard connecting to .the Alamo Creek Park. The bike path will be constructed on top of an existing Zone 7 maintenance gravel road. This project is in the existing 5-Year Capital Improvement Program and is tentatively scheduled to be designed and constructed in Fiscal Year 2001-2002. This agreement with Alameda County Congestion Management Agency (CMA) for TFCA monies will provide approximately $107,000 of the $142,210 budgeted for the Alamo Creek Bike Path project. The funds must be expended by October 9, 2002. Staff is recommending that the City Council adopt the resolution approving the agreement with Alameda County CMA for Transportation Fund for Clean Air for the Alamo Creek Bike Path project, including authorization for the City Manager to execute the Agreement. COPIES TO: ITEM NO. 416 g:lmiscprojbllamo Creek Bike Path hiS agreement RESOLUTION NO. - O1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AGREEMENT WITH ALAMEDA COUNTY CONGESTION MANAGEMENT AGENCY FOR TRANSPORTATION FUND FOR CLEAN AIR FOR THE ALAMO CREEK BIKE PATH - NORTHERN CITY LIMITS TO AMADOR VALLEY BOULEVARD WHEREAS, the City of Dublin wishes to enter an agreement with Alameda County Congestion Management Agency for Transportation Fund for Clean Air (TFCA); WHEREAS, the TFCA monies will be used for the Alamo Creek Bike Path project between the northern City limit to Amador Valley Boulevard; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin approves the agreement with Alameda County Congestion Management Agency for Transportation Fund for Clean Air for the Alamo Creek Bike Path between northern City limit to Amador Valley Boulevard; BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreement. PASSED, APPROVED AND ADOPTED this 6th day of Febrnary, 2001. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk g:\miscproj\Alamo Creek Bike PathXResolution-agreement ,ORIGINAL ALAMEDA COUNTY CONGESTION MANAGEMENT AGENCY TRANSPORTATION FUND FOR CLEAN AIR (TFCA) TRANSFER AGREEMENT FY 2000/2001 This Agreement is made on , between the Alameda County Congestion Management Agency (hereinafter "CMA"), and the City of Dublin (hereinafter "Sponsor"). Section 1. PURPOSE OF AGREEMENT The purpose of this Agreement and similar agreements with other project sponsors is to specify the terms . ~d conditions for the advancement of funds made available from the Transportation Fund for Clean Air CTFCA'') Program for 'fiscal y~ar 2000/2001. As TFCA program manager. in Alameda County, the CMA annually programs 40% of the TFCA funds collected in Alameda' County. The CMA will receive these funds from the Bay Area Air Quality Management District CBAAQMD"), and will then reimburse these funds to project sponsors pursuant to this. Agreement and similar agreements with other project sponsors. Section 2. DESCRIPTION OF PROJECT 'The CMA has programmed $ !07,000.00 of the funds available in the 2000/2001 Alameda County allocation of TFCA funds to the Sponsor to be used for Class 1 Bicycle Path - Alamo Creek (0.9 mi.) Project 00-ALA-04 ("Project"). The Project, along with Sponsor's proposed expenditure plan for the Project's implementation, is described in more detail in Appendix A attached hereto and incorporated herein by this reference. Section 3. REIMBURSEMENT OF FUNDS The Sponsor must submit to CMA at least one request for reimbursement under this Agreement each fiscal year until reimbursement is complete, and may submit multiple such requests no more frequently than once a month. The Sponsor must complete the attached "Request for Reimbursement ofFands" and provide documentation of funds spent for each request. In the event reimbursement requests are greater than available funds due to delays by BAAQMD,'. available funds will be reimbursed to project sponsors based on the percentage each sponsor's project bears to CMA's overall TFCA program total until such time full funding is available. The Timely Use of Funds Policy, approved in its current version by the CMA Board at their October, 1999 meeting, is included as Appendix B attached hereto .and incorporated. herein by this reference. Sponsor must expend all TFCA funds programmed .to the Project on or before October 9, 2002. Any funds spent on the Projlect by Sponsor after this date will not be eligible for reimbursement under this Agreement. Page 2 FY 00/01 Agreement Project No. 00-ALA-04 · City of Dublin Section 4. DOCUMENTATION OF EXPENDITURES Sponsor will submit a report to the CMA within two (2) months of the end of each fiscal year which itemizes 1) the expenditure of funds on the Project, 2) progress to date in the implementation of the Project and any other projects funded by TFCA. funds, and 3) the results of ' the monitoring of the performance of the Project 'as specified in Section 5. Sponsor is required to maintain employee time sheets documenting hourly labor costs incurred in the implementation of the project described in Section 2 or establish an alternative method to document staff costs charged t° the funded project. Sponsor Will, for the duration of the Project and for three (3) years following completion of the Project, make available to BAAQMI) or to an independent auditor all. records relating to project performance and expenses incurred in implementing the Project. Sponsor agrees to use the BAAQMD's approved logo for TFCA on 1).signs posted at the site of any construction associated with the Project, 2) any vehicles used or obtained as part of. the Project, and 3) any printed material, such as project related transit schedules, brochures, handbooks, maps created for public distribution and promotional material associated with the Project. Sponsor agrees to credit the BAAQMD as a funding source for the Project in any related articles, news releases or other publicity materials. Section 5. MONITORING REQUIREMENTS Project No. 00:ALA-04: Complete and submit part 1 of Project Monitoring Form 3, Bicycte Projects. Form 3, Bicycle Projects, is attached for your convenience. Project Monitoring Section 6. 'INDEMNIFICATION Sponsor shall indemnify, protect, defend and hold harmless CMA, its officers~ employees, agents, representatives, and successors-in-interest against any and all claims, suits or actions resulting from the negligent or reckless performance by Sponsor of its duties under the Agreement. CMA 'shall indemnify, protect, defend and hold harmless Sponsor, its officers, employees, agents, representatives, and successors-in-interest against any and all claims, suits or actions resulting from the negligent or reckless performance by CMA of its duties under this Agreement. Section 7. NONDISCRIMINATION During the performance of services under this Agreement, Sponsor and its Consultants shall not discriminate against any persons or group of persons on the grounds of race, religious creed, color, national origin, age, ancestry, physical disability, medical condition, marital status, sex, sexual orientation, Vietnam Era Veteran' s status, political affiliation or any other non-merit factor. Sponsor will comply with all applicable provisions of Executive Order 11246 as mended by Executive Order 11375 and as supplemented by Department of Labor regulations. Sponsor shall take affirmative actions to ensure that applicants are employed, and that employees are Page 3 FY 00/01 Agreement Project No. 00-ALA-04 City of Dublin treated during their employment without regard to their race~ religion, sex, color or national origin. It is the policy of CMA to ensure nondiscrimination in the award and administration of Federal and state assisted contracts and to create' a level playing field on which disadvantaged business- enterprises, as defined in 49 C.F.R. Part 26, can compete fairly for contracts and subcontracts relating to CMA's procurement and professional services activities. In connection with the performance of this Agreement, Sponsor will cooperate with CMA in meeting these commitments and objectives. , Sponsor agrees to comply with all the requirements imposed by Title VI of the CiVil Rights Act of 1964 (42 U.S.C.§ 2000 (d)) and the regulations of the Department of Transportation issued thereunder' (49 C.F.R. Part 21). Section 8~ AMENDMENTS Amendments to this agreement, including modifications to the Project, will only be effedtive if they are made in writing and signed by both parties. ? This Agreement is subject to any new requirements imposed by the BAAQM2D upon the CMA with respect to TFCA funds.. ALAMEDA COUNTY CONGESTION MANAGEMENT AGENCY CITY OF DUBLIN By: Dennis R. Fay Executive Director Date: Name: Title: Date: ALAMEDA COUNTY CONGESTION MANAGEMENT AGENCY TRANSPORTATION FUND FOR CLEAN AIR (TFCA) APPENDIX A: PROJECT DESCRIPTION, PROPOSED EXPENDITURE PLAN AND FINAL MONITORING REPORT REQUIREMENTS ' Project No: 00-ALA-04: Class 1 Bicycle Path - Alamo Creek (0.9 mi) This project will 'construct a bicycle path along Alamo Creek from Amador Valley Blvd. north to the City limits (approximately 0.9 miles in length). Project S~hedule: Start Date Final Monitoring Report Due Date July 1,200 1 November 30, 2002 Project Milestones: Start Environmental Certification Start Design Start Construction August 2001 September 2001 April 2OO2 Final Monitoring Report Content: Complete and submit part 1 of Project Monitoring Form 3, Bicycle Projects. Form.3, Bicycle Projects, is attached for your convenience, Project Monitoring ALAMEDA COUNTY CONGESTION MANAGEMENT AGENCY TRANSPORTATION FUND FOR CLEAN AIR (TFCA) APPENDIXB: TIMELY USE OF FUNDS POLICY The enabling legislation requires project sponsors to encumber and expend funds within two (2) years, unless a time extension has been granted. To ensure a timely use of funds, the following timelines will be imposed for each program year: Within two (2) months of receipt of funds from the Air District, the CMA will send out fund transfer agreements to eachproject sponsor. Project sponsors must execute a fund transfer agreement with the CMA within three (3), months of receipt of an agreement from the CMA. The executed fund transfer agreement must contain an expenditure plan for implementation of the project. Project sponsors must initiate impiementation of a project within three (3) months of the date of receipt of the executed fund transfer agreement from the CMA, unless an extended schedule has been approved in advance by the CMA. 4. Funds must be expended within two (2) years from the date of the first receipt of funds by the CMA from the Air DistriCt, unless an extension has been approved by the CMA Board. Sponsors must submit requests for reimbursement at 'least once per fiscal year. Requests must be submitted within sixty (60) days after the end of the fiscal year, defined as the period from July 1 to June 30. 6: Sponsors must submit annual progress reports within the period established by the Air · District. 7. Sponsors must submit required post-project monitoring reports within three (3) months after the post-project evaluation period. Any sponsor that does not comply' with any of the above requirements within the established time frames will be given written notice from the CMA that they have sixty (60) days in which to comply. Failure to comply within sixty (60) days will result in the reprograrnming of the funds allocated to that project, and the project sponsor will not be permitted to apply for new projects until the sponsor has demonstrated to the CMA that steps have been taken to avoid future violations of this policy. ALAMEDA COUNTY CONGESTION MANAGEMENT AGENCY TRANSPORTATION FUND FOR CLEAN AIR (TFCA) PROGRAM REQUEST FOR REIMBURSEMENT OF FUNDS Please attach documents for all expenditures. Acceptable documentation includes time sheets, purchase orders, invoices, etc. Project Sponsor: Project Title: Project ID# (i.e. 99-ALA-33): Total TFCA Funds programmed to the project: $ Amount of funds requested for reimbursement :$ Total of previous reimbursements: $ To the best of my knowledge, the above information iS true and correct and I am authorized to- request this reimbursement of funds. Name & Title: Signature: Date: To be completed by the CMA only Approval: ,Amount $: Guarantee or DisCretionary Check Number: Check Date: Comments: TFC.A: Project #' .PrOject Title: Contact: TFCA $ Expended: $ Project Start Date: PROJECT MONITORING FORM 3 Bicycle Projects Project Sponsor: Phone: E-mail: Total Project Cost: $ Completion Date: Complete the section that applies to the type of bicycle project implemented. Use additional sheets as needed. 1. Ori Road Bicycle Improvements: Provide the following information for each segment of project. User counts should be performed on a weekday dudng the May-September pedod (excluding Bike to Work Week). Post- ,," project count should be performed 3-6 months offer completion of the fac~ity: COunts may be performed for the entire day, or during the a.m. and p.m. peak periods, i.e. 7-9 a.m. and 4-6 p.m. . , .' Pre-Project Count' Segment -=., class ..1,+ :-Segment ADT. on , Date Hours of # Bikes Name .... -:2, or.3 ' ·Length Segment -ij::' · Count per Day Post-Project Count Date '. Hours of. # Bikes: . ~"" ':'~ .Cour~t · per Day -. Bicycle Lockers and RaCks: Rack user counts should be performed anytime between fO a.m. and 2 p.m. during a weekday in the May-September period (excluding Bike to Work Week). · # Units Total· Bike .:Cqst per,;'-.!: ..:Manufacturer '- .' ": "Av.g~.-~-Users per Day Lockers Racks Attach a map showing location(s) of lockers/racks. Descdbe methodology to determine user data. 3. Bicycle Racks on Buses: Count of rack users should be performs<] all day (7 a.m. to 7p.m.) on a w~ekday in the May-September pedod (excluding Bike to Work Week). # Racks # Bikes: ·..CoSt.per Manufacturer' Avg. # RaCk ?:;: .-..:;rotat:'D~iily'.Passenger Installed pe&~"Rack :.. "' Unit """' '."~ii:':.:::. ,:' .""Users/Day.---~. ~!Bo~rdir~g:~,;.!§yStern-Wide Police Bicycle Projects: Based upon one yearof operational experience with the bicycles:' BAAQMD TFCA FundingAgreement Page 5 )'ttl