HomeMy WebLinkAbout4.06 BAAQMD-IronHorse CITY CLERK FILE # 600-40
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: November 16, 1999
SUBJECT:
Funding Agreement between the Bay Area Air Quality Management
District (BAAQMD) and City of Dublin to Construct the Alamo
Canal Bicycle Trail from Iron Horse Trail to 1-580
Report Prepared by: Lee S. Thompson, Public Works Director
ATTACHMENTS:
RECOMMENDATION:
1) Resolution
2) BAAQMD agreement
/f Adopt Resolution approving the BAAQMD funding agreement and
authorizing the Mayor to execute Agreement
FINANCIAL STATEMENT:
This funding agreement will provide $154,080 of Transportation
Funds for Clean Air (TFCA) administered by the BAAQMD toward
the Alamo Canal Bicycle Trail project: The estimated cost of the
project is $300,100 of which the City is required to provide 20%
matching funds, in the amount of $60,020. It is anticipated that
these matching funds will come from the City General Fund unless
other funds are obtained. In addition, $86,000 in TDA Article 3
funds will come from the City's TDA Article 3 allocation for the
next two years to fully fund the project.
DESCRIPTION: In July 20; 1999, the Dublin City Council authorized the submittal
of a TFCA grant application for the construction of the Alamo Canal Bicycle Trail project. This project
will connect the Alamo Canal Trail in Pleasanton with the Iron Horse Trail that is planned for
construction in Dublin and will be performed in collaboration with East Bay Regional Park District, City
of Pleasanton and Zone 7. The BAAQMD has awarded $154,080 of TFCA Regional Funds for the
Alamo Canal Bicycle Trail Project, with the condition that the funds be expended within two years of the
effective date of the funding agreement. This project was tentatively scheduled for FY 2000-2001 in the
City's Five-Year Capital Improvement Program. It was preliminarily scheduled for the use of General
Fund monies with the hope of obtaining outside grant funding.
Staff recommends that the City Council adopt the Resolution approving the BAAQMD funding
agreement and authorizing the Mayor to execute said agreement.
ITEM NO.
g:AgstBAAQMDfundingagmLdoc
RESOLUTION NO. --99
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING FUNDING AGREEMENT BETWEEN THE BAY AREA AIR QUALITY
MANAGEMENT DISTRICT AND CITY OF DUBLIN FOR THE CONSTRUCTION OF
THE ALAMO CANAL BICYCLE TRAIL PROJECT
WHEREAS, the City of Dublin recognizes the potential air quality benefit from the
implementation of bicycle trail projects, and
WHEREAS, the City of Dublin, in collaboration with East Bay Regional Park District,
City of Pleasanton and Zone 7, is proposing to construct the section of the Alamo Canal Bicycle
Trail between Iron Horse Trail and Interstate 580, and
WHEREAS, the City has submitted a grant application under the 1999 Transportation
Funds for Clean Air (TFCA) Regional Funds Program administered by the BAAQMD, for the
construction of the Alamo Canal Bicycle Trail project, and
WHEREAS, the Bay Area Air Quality Management District has awarded $154,080 of
TFCA Regional funds for the Alamo Canal Bicycle Trail project.
NOW, THEREFORE} BE IT RESOLVED, that the City Council of the City of Dublin
does hereby approve the funding agreement between the Bay Area Air Quality Management
District and City of Dublin and authorize the Mayor to execute said agreement.
PASSED, APPROVED AND ADOPTED this 16~ day of November, 1999.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
City Clerk
FUNDING AGREEMENT
BETWEEN
THE BAY AREA AIR QUALITY MANAGEMENT DISTRICT
CITY OF DUBLIN
PROJECT NUMBER
99R65
This A~eement is made and entered into between the City of Dublin, hereinafter referred to as "Project
Sponsor," and the Bay Area Air Quality Management District, hereinafter referred to as the "Air District."
Attachment A, Project Specific Information; Attachment B, Project Description; and Attachment C,
Monitoring of Project Performance are hereby incorporated into this A~eement by this reference.
RECITALS:
1)
SECTION I
2)
3)
Air District is authorized under Califomia Health and Safety Code Section 44223 to levy a fee on
motor vehicles registered within its jurisdiction. Funds generated by the fee are to be used to
implement projects and proyams to reduce air pollution from motor vehicles.
Air District administers these funds as the Transportation Fund for Clean Air (TFCA).
California Health and Safety Code Section 44241 limits expenditure to specified eligible transportation
control measures included in the clean air plan adopted pursuant to California Health and Safety Code
Sections 40233, 40717, and 40919 and limits the allocation of the funds to public agencies within the
Air District's jurisdiction.
4)
5)
Air District and Project Sponsor, pursuant to California Health 'and Safety Code Section 44241, hereby
enter into this Funding Ageement (Ageement) to implement a transportation measure (Project) to
improve air quality in the San Francisco Bay Area Air Basin.
The Project, as used in this A~eement, is described on Attachment B.
SECTION II
PROJECT SPONSOR AGREES:
1 ) To implement the Project in accordance with the description and implementation schedule contained on
Attachment B.
2)
3)
To submit detailed invoices to the Air District for reimbursement of costs and expenses incurred to
complete the Project consistent with the budget and schedule contained on Attachment A. Invoices
shall specify the time period for the invoice, itemize staff charges to the Project, if any, indicating the
number of hours worked on the Project; and itemize any payments to vendors, consultants, or
contractors with an explanation of the goods or services provided for the Project.
To keep necessary records of Project activities, expenses and charges to document and support invoices
submitted to the Air District.
4)
To allow and facilitate Air District audit of Project performance and all expenditures relating to the
Project funded through this A~eement.
TFCA Regional Fund Project 99R65 Page 1
BAAQMD FY99 TFCA Funding Agreement
5)
6)
To record on a time sheet those hourly labor costs incurred in the implementation of the Project which
are paid with TFCA funds received under this Agreement, or to establish an alternative method
approved by the Air District to document staff costs charged to the Project.
To use no more than five percent of the TFCA funds received under this A~eement for costs
incurred in the administration of the Project consistent with the line item Project budget specified in
Attachment A. '
7) To keep necessary records of Project performance as specified on Attachment C.
8) To submit to the Air District all reports specified on Attachment C.
9) To use the Air District's approved logo for the Transportation Fund for Clean Air on any vehicles
leased or purchased with TFCA funds, or on any other capital property purchased with TFCA funds
that is Visible to the public.
10) To use the Air District's approved logo for the Transportation Fund for Clean Air, or to ac'knowl edge
the Air District as a funding source, on any printed or electronic material for public distribution
associated with the Project. Included as printed material are Project related schedules, brochures,
handbooks, or promotional material. Included as electronic material are Project related Web Sites,
electric signs, or e-mail broadcasts.
11) To ac'knowledge the Air District as a funding source for the Project in any related media events,
articles, news releases or other publicity materials.
I2) To assure that all funds received under this A~eement are expended only in accordance with alI
applicable provisions of law.
13) To expend those "Matching Funds," if any, as listed on Attachment A, toward completion of the
Project as described on Attachment B. In the event funding from other sources for the total cost of the
Project as set forth in Attachment A is not received, in whole, by the Project Sponsor, the Air District
reserves the fight to renegotiate the terms and conditions of this Agreement.
14) To return to the Air District any funds realized from the sale of any motor vehicle(s) purchased with
TFCA funds if such sale occurs within the industry standards for the useful life from the date of
purchase of the motor vehicle(s). The mount of the funds returned to the Air District shall be
proportional to the percentage of TFCA funds originally used to purchase the motor vehicle(s).
15) To place in the public domain any software, written document, intellectual property, process,
technique, or product developed with TFCA funds as part of the Project.
16) To comply with those "Special Conditions," if any, listed on Attachment A.
AIR DISTRICT AGREES:
1)
2)
SECTION III
To pay within 30 calendar days of receipt, invoices for reimbursement of legitimate Project expenses
submitted by the Project Sponsor, excepting that the Air District wilI retain fifteen percent (15%) of the
"Total TFCA Regional Funds Awarded" as listed on Attachment A until the Air District' s acceptance
of the final report as specified on Attachment C.
To provide TFCA funds not to exceed the "Total TFCA Regional Funds Awarded" mount for this
Project as listed on Attachment A.
3)
4)
To provide timely notice prior to conducting an audit.
To provide a copy of any fiscal audits of the Project as specified in California Health and Safety Code
Section 44242.
TFCA Regional Fund Project 99R65 Page 2
BAAQMD FY99 TFCA Funding Agreement
IT IS
l)
2)
3)
4)
5)
6)
7)
g)
9)
SECTION IV
MUTUALLY AGREED:
Term: This Agreement will remain in effect for three (3)),ears after the completion of the Project
unless terminated as provided below.
Termination: Either party may terminate this Agreement at any time by giving written notice of
termination to the other party which shall specify the effective date thereof. Notice of termination
under this paragraph shall be given at least ninety (90) days before the effective date of such
termination. Upon receiving notice of termination, Project Sponsor shall immediately cease further
expenditure of TFCA funds received under this Agreement. The Air District will reimburse Project
Sponsor for qualifying expenditures on the Project made prior to the receipt of the notice of
termination.
Indemnity: Project Sponsor shall indemnify and hold harmless the Air District its officers, employees,
agents, representatives, and successors-in-interest against any and all claims, suits or actions resulting
from the performance by Project Sponsor of its duties under this Agreement. Air District shall
indemnify and hold harmless Project Sponsor its officers, employees, agents, and Successors-in-interest
against any and all claims, suits or actions resulting from the performance by Air District of its duties
under this Agreement.
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 delivery service or first class mail, to the addressees set
forth on Attachment A, or to such addressees which may be specified in writing to the parties hereto.
Contacts: Project Sponsor and Air District persons to act as contacts 'and liaison with the Air District
and the Project Sponsor with regards to the day-to-day activities of the Project are specified on
Attachment A. All reports and correspondence are to be addressed to the "Contacts" listed on
Attachment A.
Project Number: All correspondence shall reference the "Project Number" listed on
Attachment A.
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 this Agreement_
IntegTation: This Agreement represents the entire Agreement of the parties with respect to the subject
matter described in this Agreement, and no representation, warranties, inducements or oral agreements
have been made by any of the parties except as expressly set forth herein, or in other contemporaneous
written ag'reements.
Amendment: This Agreement may not be changed, modified or rescinded except in writing and si~ed
by the parties hereto; Any attempt at oral modification of this Agreement shall be void and of no
effect The Air District contact person and Project Sponsor contact person identified pursuant to
para_m-aph IV.5 above may jointly authorize, in writing, any schedule revisions, budget line item
revisions, or changes to the Project scope of work that do not diminish the emission reductions
associated with the Project Any other amendments to this Agreement must be executed in Writing by
the si~maators to this Agreement. Any change in Project scope must be approved by the Air District
prior to implementation of the change by the Project Sponsor.
TFCA Regional Fund Project 99R65 Page 3
BAAQMD FY99 TFCA Funding Agreement
Independent Contractor: Project Sponsor renders its service under this Agreement as an independent
contractor. None of the Project Sponsor's agents, subcontractors or employees shall be construed as
agents or employees of the Air District. This paragraph does not apply to elected officials sen,ing
concurrentIy on the governing boards of both the Project Sponsor and Air District.
11) Assig-nment: This Agreement may not be assigned, transferred, hypothecated, subcontracted or
pledged by any party without'the express written consent of the other party.
12) SeverabiIib,': Should any part of this Agreement be declared unconstitutional, invalid, or beyond the
authority of either party to enter into or carry out, such decision shall not affect the validity of the
remainder of this Agreement which shall continue in full force and effect; provided that, the remainder
of this Agreement can, absent the invalid portion(s), reasonably be interpreted to give effect to the
intentions of the parties.
13) Effective Date: The effective date of this Agreement is the date of si~ature by the Air Pollution
Control Officer as listed on page 5.
14) Schedule for Eligible Costs: Only Project costs incurred after the "Air District Approval Date" tisted
on Attachment A, and before completion of Project and fulfillment of monitoring requirements or
termination, whichever occurs first, are eligible to receive TFCA funds.
15) Cost Reduction: · The Air District may reduce its contribution to the Project in the event that the "Total
Project Cosf' is less than the mount listed on Attachment A. Any reduction in TFCA funding shall be
proportional to the percentage of TFCA funds provided toward the total project cost as noted on
Attachment A.
16) Penalty: The Air District may decrease the total TFCA Regional Funds awarded for the Project by up
to ten percent (10%) for failure of the Project Sponsor to comply with paragraphs H.9, II. 10, and II. 11
above.
17) Project Cost: Project cost overruns are the sole responsibility of the Project Sponsor. The Air
District's funding obligation is limited to the "Total TFCA Regional Funds Awarded" as Iisted on
Attachment A. Acceptance of this funding agreement obligates the Project Sponsor to deliver the
Project according to the terms and conditions of this Agreement.
18) Force Maj eure: Neither the Air District nor Project Sponsor shall be liable or deemed to be in default
for any delay or failure in performance under this Funding Agreement or interruption of services,
directly or indirectly, from the acts of God, civil or military authority, acts of public enemy, war,
strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, or any similar
cause beyond the reasonable control of the Air District or Project Sponsor..
19) Governing Law: This Funding Agreement shall be construed and interpreted and the legal relations
created thereby shall be determined in accordance with the laws of the State of California.
TFCA Regional Fund Project 99R65 Page 4
BAAQMD F'Y99 TFCA Funding Agreement
SIGNATURES:
by:
Guy Houston
Mayor
City of Dublin
Attest:
Kay Keck, City Clerk
Approved as to legal form and content:
by: Date:
Ellen Garvey
Air Pollution Control Officer
Bay Area Air Quality Management District
by:
Legal Counsel
City of Dublin
by:
Robert N. Kwong
District Counsel
Bay Area Air Quality Management District
BAAQMD FY99 TFCA Funding Agreement
ATTACHMENT A
PROJECT SPECIFIC INFORi~IATION
[Note: The section numbers sho~m in parenthesis below refer to Sections in the Funding Agreement.]
1. Project Sponsor: City of Dublin
2. Project Number: 99R65
3. Total TFCA Regional Funds Awarded (Section 1/1.2): $154,080
Air District will fund 52% of the total project cost, to a maximum of $ 154,080 in TFCA funds.
4. TotaI Project Cost (Section IV. 15): $300,100
5. Matching Funds (Section 11.13): $146,020
($60,020 in City of Dublin General Funds, and $86,000 in TDA Article 3 funds)
Total Line Item Project Budget:
Line Item
Mobilization, clearing, and grading $ 15,000
Prepare existing base rock $ 48,000
Retaining wall $ 37,500
Ag_m-egate base $ 13,800
Asphalt concrete $ 72,000
Trail entry structures $ 15,000
Fences and gates $ 4,000
Path through Civic Center $ 4,500
Stop bar and legend $. 1,000
Signage $ 4,000
Desig-n $ 28,355
Contingency (Design and Construction) $ 33,295
Construction management $ 14,200
Stoking and materials testing $ 9.450
Total $ 300, 100
Amount
Invoice and Payment Schedule (Section 11.2):
The Project Sponsor will submit invoices for reimbursement as project costs are incurred, but not more
than once per calendar quarter. (In lieu of periodic invoices, the project sponsor may submit a single
invoice upon completion of the project.) Invoices shall specify the time period for the invoice, itemize
staff charges to the Project, if any, indicating the number of hours worked onthe project; and provide
documentation of any payments to vendors, consultants, or contractors with an explanation of the goods or
services provided for the Project The final invoice is to be submitted with the final report as listed on
A~achment C.
TFCA Regional Fund Project 99R65 Page 6
BAAQMD FY99 TFCA Funding Agreement
Notices (Section IV.4):
Proiect Sponsor:
Guy Houston
Mayor
City of Dublin
100 Civic Center Plaza
Dublin, CA 94568
Any written notice required is to be addressed to:
Air District:
Ellen Garvey
Air Pollution Control Officer
Bay Area Air Quality Management District
939 Eliis Street
San Francisco, CA 94109
Contacts (Section IV.5):
Proiect Contact:
Ferdinand Del Rosario
Sr. Civil Engineer, Public Works Dept.
City of Dublin
100 Civic Center Plaza
Dublin, CA 94568'
(925) 833-6637
Contact persons for day-to-day activities of the Project are:
Air District:
David Burch
Sr. Environmental Planner
Bay Area Air Quality Management District
939 Ellis Street
San Francisco, CA 94109
(415) 749-4641
10. Air District Approval Date (Section IV. I4): October 6, 1999
I1. Special Conditions (Section 11.16): Project design shall conform to all applicable standards in Chapter
1000 of the California Highway Desig~ Manual.
TFCA Regional Fund Project 99R65 Page 7
BAAQMD FY99 TFCA Funding Agreement
ATTACHMENT B
PROJECT DESCRIPTION
The TFCA funding application dated June 30, 1999, as supplemented July 22, 1999 (revised project budget), is
incorporated herein by this reference.
Project Title: Class 1 Bicycle Path - Alamo Canal Trail (0.8 mi.)
Project Description: This project will create a 12 foot wide Class 1 bicycle and pedestrian trail for a distance
of 0.8 miles along the Alamo Canal in Dublin. The project will connect with the regional Iron Horse Trail at its
northern terminus. The project segment will terminate just north ofi-580. The City of Dublin has secured
funds for a separate grant to continue the trail under 1-580 where it will connect to an existing trail and run
south. along the Alamo Canal through Pleasanton. The project will thus connect the Alamo Canal and Iron
Horse Trails, and facilitate bicycle travel between San Ramon, Dublin, and Pleasanton. The trail will also
provide convenient access to the Dublin Civic Center and the new Dublin Library (soon to be constructed).
Project Schedule:
Project Start Date:
Construction:
Project Completion Date:
October 6, 1999
December 2000 - June 2001
July 1, 2001
Project GoaI: The goal of the project is to reduce motor vehicle travel and vehicle emissions by
facilitating bicycle travel in the Dublin, Pleasanton, San Ramon area.
TFCA Regional Fund Project 99R65 Page 8
BAAQMD FY'99 TFCA Funding Agreement
ATTACIEVIENT C
MONITORING OF PROJECT PERFOR~£~CE
Quarterly Reports:
Due Dates: April 15, 2000; JuIy 15, 2000; October 15, 2000; January 15, 2001; April 15, 2001 and
quarterIy thereafter until project completion
Quarterly reports shall summarize pro~ess in project implementation, describe any special problems
encountere&, and note any potential need for changes in the project schedule.
Project Monitoring Requirements and Final Report:
Due Date: November 1, 2001
The Final Report shall provide the following:
1. A description of the project specifications (e.g. length and Width of the trail, type &material used, signage,
entry structures, etc.) and documentation to demonstrate that the project conforms to standards for Class 1
bicycle facilities in Chapter 1000 of the California Highway Design 3fclltud.
2. Photo_m'aphs of the completed bike trail, including photos at key access points (e.g. Iron Horse Trail
connection, Dublin Civic Center, etc.).
A post-proj ect count of bicyclists using the trail on a weekday in summer 2001, at least two months after
completion of the trail.
Copies of any promotional materials, press releases, newsletter articles, or other media coverage regarding
the project.
TFCA Regional Fund Project 9gR65 Page 9