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HomeMy WebLinkAboutCC Resolution 12278 (NTPP Pilot Program)RESOLUTION NO. 12278 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ENTER IN AN AGREEMENT WITH THE COUNTY OF MARIN TO IMPLEMENT THE NONMOTORIZED TRANSPORTATION PILOT PROGRAM (NTPP) WHEREAS, the United States Congress approved federal funds for four communities to demonstrate the effectiveness of bicycling and walking and reduce congestion; and WHEREAS, the County of Marin received twenty five million dollars ($25,000,000) to study, design and construct projects and programs to achieve this goal; and WHEREAS, the City of San Rafael successfully received funding approval for six (6) nonmotorized projects for a total of $2,710,000, and four potential projects from the Marin County Board of Supervisors on April 17, 2007; and WHEREAS, and the NTPP provides federal grant funds on a reimbursement basis, and requires the implementing agencies to provide cash up front for expenses; and WHEREAS, the County of Marin is the recipient for the federal funds, and some of the improvements fall into the City of San Rafael jurisdictions, and the projects will be administered by the City of San Rafael, therefore; an agreement between the County of Marin and the City of San Rafael is prudent to share the federal funding obligations to assure program reimbursement and success. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Rafael that an agreement between the County of Marin and the City of San Rafael is required to implement the Nonmotorized Pilot Transportation Pilot (NTPP) Program in a form approved by the City Attorney's Office and authorizes the Director of Public Works to enter into an agreement with the County of Marin and take necessary steps to implement the Nonmotorized Transportation Pilot Program, including approving amendments to the agreement to add additional projects as listed in Exhibit A. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a special meeting of the Council of said City on the 20`h day of June, 2007, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEANNE M. LEONCINI, City Clerk File No.: 16.01.241 AGREEMENT BETWEEN COUNTY OF MARIN AND CITY OF SAN RAFAEL �j This AGREEMENT is made this >� SY day of (' 1 i_t CI u,�,j " , 2007, by and between the County of Marin, hereinafter referred to as "COUNTY", to local public agency, and the City of San Rafael, hereinafter referred to as "RECIPIENT", a local public agency. SECTION 1. RECITALS 1. The purpose of the Nonmotorized Transportation Pilot Program (NTPP) is to demonstrate the extent to which bicycling and walking can carry a significant part of the transportation load, and represent a major portion of the transportation solution, within four selected communities by 2010. 2. The NTPP is a component of the federal transportation bill SAFETEA-LU (Section 1807), enacted in 2005, and allocates $25 million to Marin County, Sheboygan County, Wisconsin; Minneapolis, Minnesota; and Columbia, Missouri. 3. The NTPP includes construction infrastructure and conducting educational programming to ascertain whether bicycling and walking can result in a greater share of overall trips, and thus reduce single -occupant vehicle usage. 4. Through a transparent and public process the NTPP includes the following five categories: Education and Outreach Programs; Low cost Countywide Infrastructure Projects; Planning Projects; Primary Network Projects; and Local/Feeder Network Projects. 5. On April 17, 2007 the Marin County Board of Supervisors approved a list of projects and programs that will be funded under the NTPP. 6. The Marin County portion of the NTPP will be administered by the County with local agencies responsible for delivery of projects specific to their entity, including complying with federal -aid processes. 7. The NTPP provides federal grant funds on a reimbursement basis, and requires the implementing agency to provide cash up front for expenses. NTPP funds do not require a local match. 8. The NTPP provides federal grant funds to construct additional infrastructure that may increase maintenance costs that would be the responsibility of implementing agency. SECTION 2. PURPOSE OF AGREEMENT This AGREEMENT is entered into by and between COUNTY and RECIPIENT to document the funding conditions necessary for the RECIPIENT to comply with applicable law and COUNTY policies. This AGREEMENT consists of additional documents stated in these sections as being attached hereto and incorporated in the AGREEMENT by reference. F lTmrreWTPPTic4mt%AwnmentilFrmding Agreement Sen Rafael doe Page 1 of 8 SECTION 3. PROJECT DEFINITION AND SCOPE This AGREEMENT is made for the following projects: Proiect Number Proiect Name Proiect Description 2007 Puerto Suello-Transit Provide bike and ped Center Connector connection from Puerto Suello Hill path at Mission Avenue to Transit Center. Requires a new connection either via Heatherton or Tamalpais connecting the two facilities. 2015 Mahon Creek Path -Transit Connect the current terminus Center Connector of the Mahon Creek path to the Transit Center across Second Street with improved crosswalks / pavement markings through the intersection. 2006 Northgate Gap Closure Class II and III facilities generally along Las Gallinas near Northgate Shopping Center. Project is part of larger resurfacing effort. 2004 Terra Linda North San Nonmotorized improvements Rafael Improvements to provide connectivity from Terra Linda neighborhood to Northgate Mall and to Civic Center. 2013 Medway Improvements Variety of improvements including traffic calming, sidewalk enhancements and development of new and improved bus stops. 2000 Francisco Blvd East Improved nonmotorized Improvements transportation along Francisco Boulevard East from Bellam to Grand. and may be amended to include the following projects: Proiect Number 800 801 Proiect Name Bicycle Parking Signing/Striping Proiect Description Parking facilities for bicycles including racks, lockers, bus racks, and secured areas Signs (directional and informational), pavement markings (lines and stencils), directional kiosks, for bike lanes, pedestrian walkways, crosswalks F.�Tnff WTPPWryeclaNW.ementsrFun7lnp Apr..—t S.n ROW doe Page 2 of 8 Proiect Number 802 804 SECTION 4. GRANT Proiect Name Intersection Improvements F1TnKcWTPP�Pra.el.Upe.m.Ma�Fundlnq Steps, Lanes, Paths COUNTY hereby grants to the RECIPIENT the following sums: Proiect Number 2007 2015 2006 2004 2013 2000 Proiect Description Geometric improvements to provide improved access and mobility for cyclists and pedestrians, signal modifications / enhancements Pathways and steps, generally perpendicular to roadways and passing between blocks Amount $600,000 $350,000 $360,000 $400,000 $500,000 $500,000 and may amend this allotment an amount to be determined for the following projects: Proiect Number 800 801 802 804 SECTION 5. COST ELIGIBILITY Amount To be determined To be determined To be determined To be determined Cost eligibility shall be determined by Caltrans and the Federal Highway Administration. All costs incurred by RECIPIENT must comply with federal funding rules and polices, as described in the Caltrans Local Assistance Procedures Manual, htti)://www.dot.ca.qov/hq/LocaIProorams/lam/laom.htm and the RECIPIENT shall be ineligible for reimbursement by COUNTY. SECTION 6. BUDGET AND SCOPE RECIPIENT may not make any changes to the scope of the project without prior written approval of COUNTY. Approval by COUNTY of a change of scope shall not constitute an increase in the grant amount unless additional funds are specifically provided. SECTION 7. PROJECT MANAGEMENT RECIPIENT shall be responsible for the project and provide management of consultant and contractor activities for which RECIPIENT contracts, including responsibility for schedule, scope, and budget. Ag --A G.. Rd.d&. Page 3 of 8 RECIPIENT agrees to allow COUNTY representatives access to their property for data collection and other necessary purposes under this agreement. SECTION 8. PROJECT OVERSIGHT RECIPIENT shall respond to and provide the COUNTY with any requested project information within 10 business days. SECTION 9. ATTRIBUTION AND SIGNAGE If any portion of grant funds is used for production of reports, acknowledgment of the COUNTY's NTPP program role shall be included in the documents. If any portion of grant funds is used for construction, RECIPIENT shall, upon initiation of field work or at the earliest feasible time thereafter, install and maintain a sign at the construction site identifying NTPP (e.g., NTPP and RECIPIENT's logos — "Walk.Bike- Marin"). For non -construction capital purchases funded by any portion of grant funds, RECIPIENT may affix permanent signage identifying NTPP Funds as a funding source. SECTION 10. PRESS RELEASES RECIPIENT shall notify COUNTY in advance of any press releases about project and program activities, particularly groundbreakings and ribbon cuttings, in connection to grant funds expended from this AGREEMENT. SECTION 11. COMPLIANCE WITH LAW In the performance of its obligations pursuant to this AGREEMENT, RECIPIENT shall comply with all federal, state and local laws, ordinances and regulations in any manner affecting the performance of this Agreement, and must at all times comply with such laws, ordinances, and regulations as they may be amended from time to time. SECTION 12. ENVIRONMENTAL COMPLIANCE RECIPIENT shall undertake all environmental mitigation measures that may be identified as commitments in applicable documents (such as environmental assessments, environmental impact statements and reports, and memoranda of agreement) and comply with any conditions imposed as a part of a finding of no significant impact or a record of decision; all such mitigation measures are incorporated in this AGREEMENT by reference. Recipient shall be responsible for obtaining all necessary environmental permits for performance of work. SECTION 13. FINANCES All costs charged to the project shall be supported by properly prepared and documented time records, invoices, or vouchers that are in accordance with Caltrans Local Assistance Guidelines specifically the Caltrans Local Assistance Procedures Manual, Chapter 5, Accounting Invoices along with the appropriate Local Programs Procedures (updates) for Chapter 5. SECTION 14. RECORDS All checks, payrolls, invoices, contracts, vouchers, journal entries, work orders, or other accounting documents pertaining in whole or in part to the project shall be maintained by F1TrallkWTPP�Prol.cicUgreemenls�Fundlnp Agee 1San R.N.1 d.. Page 4 of 8 RECIPIENT in accordance with Caltrans Local Assistance Guidelines spE Local Assistance Procedures Manual, Chapter 5, Accounting Invoic appropriate Local Programs Procedures (updates) for Chapter 5. SECTION 15. REIMBURSEMENTS Payment will be made per the federal -aid process administered thrc Assistance. Reimbursement will not be provided by the COUNTY. SECTION 16. ELIGIBLE EXPENSES RECIPIENT shall expend funds only on eligible expenses per Caltra■ Guidelines and NTPP procedures, including, but not limited to securing Proceed (E-76) from Caltrans for each phase of work for which reimbursenra SECTION 17. AUDITS COUNTY reserves the right to request an audit for any reason. If RECIF third party financial audit requirements imposed by another funding sours performed in fulfillment of such requirements shall be provided to the COUI%- SECTION 18. PROCEDURES AND REPORTS COUNTY is required to maintain a balance sheet of NTPP obligations. F copies of E-76 authorization requests and executed program supplements t Project closeout shall occur per Caltrans Local Assistance F- http://www.dot.ca..qov/hq/LocaIProqrams/lam/lapm.htm. RECIPIENT shall provide to COUNTY a Semi -Annual Report in a fc COUNTY. SECTION 19. REPAYMENT OF INELIGIBLE COSTS COUNTY will not pay RECIPIENT for ineligible costs or maintenance costs - SECTION 20. RIGHT TO WITHHOLD Federal project requirements are per RECIPIENT's agreement with Ca Agreement Administering Agency -State Agreement for Federal -Aid Project-- Supplements. roject=Supplements. SECTION 21. RESCISSION OF AUTHORIZATION OF FUNDS COUNTY may adjust its allocation at any time with RECIPIENT conc reserves the right to rescind its authorization of unneeded grant funds prior PROJECT closeout. F:1TnIfcWTPPWro�eclsMgreemenlslFMding Agreement 5sn R0.0 dos RECIPIENT in accordance with Caltrans Local Assistance Guidelines specifically the Caltrans Local Assistance Procedures Manual, Chapter 5, Accounting Invoices along with the appropriate Local Programs Procedures (updates) for Chapter 5. SECTION 15. REIMBURSEMENTS Payment will be made per the federal -aid process administered through Caltrans Local Assistance. Reimbursement will not be provided by the COUNTY. SECTION 16. ELIGIBLE EXPENSES RECIPIENT shall expend funds only on eligible expenses per Caltrans Local Assistance Guidelines and NTPP procedures, including, but not limited to securing an Authorization to Proceed (E-76) from Caltrans for each phase of work for which reimbursement will be sought. SECTION 17. AUDITS COUNTY reserves the right to request an audit for any reason. If RECIPIENT is subject to third party financial audit requirements imposed by another funding source, copies of audits performed in fulfillment of such requirements shall be provided to the COUNTY. SECTION 18. PROCEDURES AND REPORTS COUNTY is required to maintain a balance sheet of NTPP obligations. Recipient will provide copies of E-76 authorization requests and executed program supplements to COUNTY. Project closeout shall occur per Caltrans Local Assistance Procedures Manual, http://www.dot.ca.qov/hq/LocalProcirams/lam/lar)m.htm. RECIPIENT shall provide to COUNTY a Semi -Annual Report in a format provided by COUNTY. SECTION 19. REPAYMENT OF INELIGIBLE COSTS COUNTY will not pay RECIPIENT for ineligible costs or maintenance costs. SECTION 20. RIGHT TO WITHHOLD Federal project requirements are per RECIPIENT's agreement with Caltrans, titled "Master Agreement Administering Agency -State Agreement for Federal -Aid Projects", and any Program Supplements. SECTION 21. RESCISSION OF AUTHORIZATION OF FUNDS COUNTY may adjust its allocation at any time with RECIPIENT concurrence. COUNTY reserves the right to rescind its authorization of unneeded grant funds prior to, or at the time of, PROJECT closeout. f.1TnIfcWTPPWroJedsUpreemems�Pundlnp AV.—M S.n Row d.. Page 5 of 8 SECTION 22. TERMINATION FOR CAUSE RECIPIENT agrees that, upon ten (10) working days written notice, COUNTY may suspend or terminate all or part of the financial assistance provided herein for failure to correct a breach of this AGREEMENT. SECTION 23. CORRECTION OF BREACH For purposes under this section, a breach shall be defined as a violation of any section of this AGREEMENT. With respect to any breach, RECIPIENT shall have five (5) working days from the date of notice of breach to cure the breach. SECTION 24. LIABILITY Neither COUNTY nor any officer or employee thereof, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by RECIPIENT under in connection with any work, authority, or jurisdiction delegated to RECIPIENT under this AGREEMENT. It is also understood and agreed that pursuant to Government Code Section 895.4, RECIPIENT shall fully defend, indemnify and hold COUNTY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by RECIPIENT under or in connection with any work, or jurisdiction delegated to RECIPIENT under this AGREEMENT. Neither RECIPIENT nor any officer or employee thereof, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by COUNTY under in connection with any work, authority, or jurisdiction delegated to COUNTY under this AGREEMENT. It is also understood and agreed that pursuant to Government Code Section 895.4, COUNTY shall fully defend, indemnify and hold RECIPIENT harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring in by reason of anything done or omitted to be done by COUNTY under or in connection with any work, or jurisdiction delegated to COUNTY under this AGREEMENT. In the event of concurrent negligence of RECIPIENT and COUNTY, the liability for any and all claims for injuries or damages to persons and/or property shall be apportioned under the California theory of comparative negligence as presently established or as may hereafter modified. SECTION 25. OBLIGATIONS Termination of financial assistance under this AGREEMENT will not invalidate obligations properly incurred by RECIPIENT before the termination date; to the extent those obligations cannot be canceled. SECTION 26. INTEGRATION This AGREEMENT represents the entire AGREEMENT of the parties with respect to the subject matter thereof. No representations, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein, or in other contemporaneous written agreements. F\Tfalgc4lTPP%Prgl ts$AgreemenlelFunCingAgreement San Rafael Coe Page 6 of 8 SECTION 27. AMENDMENT Except as otherwise provided herein, this AGREEMENT may not be changed, modified or rescinded except in writing, signed by all parties hereto. This AGREEMENT may be amended by a designated official from each agency. SECTION 28. INDEPENDENT AGENCY RECIPIENT performs the terms and conditions of this AGREEMENT as an entity independent of COUNTY. None of RECIPIENT'S agents or employees shall be agents or employees of COUNTY. SECTION 29. ASSIGNMENT The AGREEMENT may not be assigned, transferred, hypothecated, or pledged by any party without the express written consent of the other party. SECTION 30. BINDING ON SUCCESSORS, ASSIGNEES OR TRANSFEREES This AGREEMENT shall be binding upon the successor(s), assignee(s) or transferee(s) of COUNTY or RECIPIENT as may be the case. This provision shall not be construed as an authorization to assign, transfer, hypothecate or pledge this AGREEMENT other than as provided above. SECTION 31. EXPENSES Each party shall be solely responsible for and shall bear all of its own respective legal expenses in connection with any dispute arising out of this AGREEMENT and the transactions hereby contemplated. RECIPIENT may not use GRANT funds, or other COUNTY programmed funds, for the aforementioned purpose. SECTION 32. SEVERABILITY Should any part of this AGREEMENT be declared unconstitutional, invalid, or beyond the authority of either party to enter into or carry out, such decisions 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. SECTION 33. ACCEPTANCE OF GRANT RECIPIENT does hereby declare that all written statements, representations, covenants, and materials submitted as a condition of this AGREEMENT are true and correct and does hereby accept an NTPP federal grant and agrees to all of the terms and conditions of this AGREEMENT. The parties have executed this AGREEMENT as of the date first written above. F1TralIcWTPPWrdRlsNpre.mentsYundlrpAq--AS.nNowd.. Page 7 of 8 County of Marin: By: VrU-1 CL C�- (Y� (L 11'z-<) LL -r C VA Print Name k) c- V- 0 Io C - Print Title City of San Rafael: Director of Pu c Works dey Clerk �e Approved as to form: Approved -as t By: �By: G Co ty of Marin, Attorney C y Attorn 11 C Print Name a /y? I%S,_p Apmjeo 0,aeMWon Molonzed Transpottaban Not Program NTPP%Counol & AgreemenbTunOnq Agneemenl San Rafael Eoo Page 8 of 8 Exhibit A ►f�iT� i[0l: _► 1Tl it MARIN COUNTY Date: May 24, 2007 To: Dianne Steinhauser, TAM Executive Director Alan Zahradnik, GGBH&TD Planning Director Andy Preston, City of San Rafael DPW Director Debra Sue Johnson, Town of Fairfax DPW Director Glenn Young, City of Novato DPW Director Hamid Shamsapour, City of Larkspur DPW Director Mel Jarjoura, Town of Ross DPW Director Rabi Elias, Town of San Anselmo DPW Director Todd Teachout, City of Sausalito City Engineer From: Craig Tackabery, Non -Motorized Transportation Pilot Program (NTPP) Manager Re: Agreement between agencies for NTPP funds As we discussed at our meetings on April 23rd and April 26t1i, enclosed is the subject agreement between the County of Marin and your jurisdiction. Please execute and return this agreement by August 15t1i, so that you can access the NTPP funds. For any questions please call Reuel Brady at (415) 499-6525. Encl: Agency Specific Agreements cc: Farhad Mansouian, County of Marin DPW Director C:113ocurnents and SettingAdianew\Local Settingffernporery Internet Files\OLK I \TRANSMITTAL MEMO.DOC