HomeMy WebLinkAboutMINUTES - 04032007 - C.01 s L _
TO: BOARD OF SUPERVISORS '`��-� �--��' Contra
FROM: MAURICE M. SHIU PUBLIC WORKS DIRECTOR _-----
Costa
DATE: APRIL 3, 2007 .o =-=--------- -
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County
SUBJECT: APPROVE and AUTHORIZE the Public Works Director, or designee,to execute a Transportation
Fund for Clean Air(TFCA) grant agreement with Bay Area Air Quality Management District in the
amount of$65,000, effective April 3, 2007 for a term not to exceed three years, to construct a Class-2
bicycle lane on Third Street between Grove Avenue and the Class-1 Wildcat Creek Trail, and a Class-
3 bicycle route on Market Avenue between Third Street and the County limits,North Richmond area.
(District I). Project No.:0662-6R4060 (89% ABAG Grant and 11% Road Funds)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
APPROVE and AUTHORIZE the Public Works Director, or designee,to execute a Transportation Fund for
Clean Air(TFCA) grant agreement with Bay Area Air Quality Management District in the amount of$65,000,
effective April 3, 2007 for a term not to exceed three years, to construct a Class-2 bicycle lane on Third Street
between Grove Avenue and the Class-1 Wildcat Creek Trail, and a Class-3 bicycle route on Market Avenue
between Third Street and the County limits,North Richmond area. (District I). Project No.:0662-6R4060 (89%
ABAG Grant and 11% Road Funds)
CONTINUED ON ATTACHMENT: ❑x SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
B
ACTION OF BO D N Y/���, ate' APPROVED AS RECOMMENDED �� OTHER
VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT
COPY OF AN ACTION TAKEN AND ENTERED ON
UNANIMOUS(ABSENT ) MINUTES OF THE BOARD OF SUPERVISORS ON THE
AYES: NOES:
DATE SHOWN.
ABSENT: ABSTAIN:
Contact: Jason Chen(313-2299)
1Car 4
G:\TransEng\2007\BO-TE\BO TFCA Grant.doc ATTESTED 0-v-//
JORn CULLEN,CLERK OF THE BOARD OF
SUPERVISORS
cc: S.Kowalewski,Transportation Engineering
B.Fernandez,Transportation Engineering
J.Chen,Transportation Engineerin
Accounting BY: / DEPUTY
SUBJECT: APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a
Transportation Fund for Clean Air(TFCA) grant agreement with Bay Area Air Quality
Management District in the amount of$65,000, effective April 3, 2007 for a term not to exceed
three years, to construct a Class-2 bicycle lane on Third Street between Grove Avenue and the
Class-1 Wildcat Creek Trail, and a Class-3 bicycle route on Market Avenue between Third Street
and the County limits,North Richmond area. (District I). Project No.:0662-6R4060 (89%
ABAG Grant and 11% Road Funds)
DATE: April 3, 2007
PAGE: 2 of 3
FISCAL IMPACT:
The estimated total cost of the Richmond area bikeway project is$73,000. The TFCA grant will provide$65,000,
with the remaining $8,000 coming from County road funds. There will be no impact to the General Fund.
REASONS FOR RECOMMENDATIONS AND BACKGROUND:
The Transportation Fund for Clean Air(TFCA) is a grant program funded by a$4 surcharge on motor vehicles
registered in the Bay Area. This generates approximately $22 million per year in revenue. Funds are available
through two main channels: the Regional Fund and the County Program Manager fund. The Regional Fund
comes from 60% of the revenue and is allocated directly by the Air District. The Program Manager Fund
constitutes the other 40% of revenues and is allocated by the Bay Area's nine county congestion management
agencies (CMA).
TFCA's goal is to implement the most cost-effective projects in the Bay Area that will decrease motor vehicle
emissions, and therefore improve air quality. Projects must be consistent with the 1988 California Clean Air
Act and the Bay Area Ozone Strategy.
Any public agency within the Air District's jurisdiction can apply for TFCA funds. Public agencies include
cities, counties, school districts,transit districts, and regional and state agencies. The Air District encompasses
all of Alameda, Contra Costa, Marin,Napa, San Francisco, San Mateo, and Santa Clara counties, and the
southern parts of Solano and Sonoma counties.
The TFCA covers a wide range of project types, including purchase or lease of clean fuel buses; purchase of
clean air vehicles; shuttle and feeder bus service to train stations; ridesharing programs to encourage carpool and
transit use; bicycle facility improvements such as bike lanes, bicycle racks and lockers; arterial management
improvements to speed traffic flow on major arterials; smart growth; and transit information projects to enhance
the availability of transit information.
Public Works reviewed the Contra Costa Countywide Bicycle and Pedestrian Plan (approved by the Board of
Supervisors on November 2, 2004) to determine potential projects which fit the grant criteria. The North
Richmond Area Bikeway Project was chosen as one of the projects that the County submitted a grant application
for. Below is some background information of the North Richmond Area Bikeway Project:
SUBJECT: APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a
Transportation Fund for Clean Air(TFCA) grant agreement with Bay Area Air Quality
Management District in the amount of$65,000, effective April 3, 2007 for a term not to exceed
three years,to construct a Class-2 bicycle lane on Third Street between Grove Avenue and the
Class-1 Wildcat Creek Trail, and a Class-3 bicycle route on Market Avenue between Third Street
and the County limits,North Richmond area. (District I). Project No.:0662-6R4060 (89%
ABAG Grant and 11% Road Funds)
DATE: April 3, 2007
PAGE: 3 of 3
• North Richmond Area Bikeway Project:
Location: This project is located in the North Richmond Area along
• 3rd Street between Wildcat Creek Trail and Grove Avenue and
• Market Avenue between 3rd Street and the County Limit line to the east.
Project Description: The Contra Costa Countywide Bicycle and Pedestrian Plan specifies that 3rd
Street and Market Avenue should have on-street biking facilities. This project will provide a Class II
biking facility along 3rd Street and a Class III biking facility along Market Street. A Class II bike
facility, typically known as a bike lane, will provide a striped lane and pavement marking on a street.
A Class III bike facility, typically known as a bike route, provides for shared use with motor vehicle
traffic.
Project Benefits: The North Richmond residential area has limited access in and out of the area. 3rd
Street is the only residential street that provides access to the north and Market Avenue is one of the
two streets that provide access in and out of this area to the east. Due to these physical layout
characteristics, these streets are ideal candidates for improvements. Currently, the Wildcat Creek
Trail is the only biking facility in the North Richmond area but it is located north of this residential
area. This project will provide a connection from the residential area to the Wildcat Creek Trail by
expanding the existing biking facility system in the area. Per the Plan, "providing a safe, well-
connected system of bicycle facilities can significantly increase levels of bicycling." In addition,
North Richmond has been identified as an economically disadvantaged community by the Northern
California Council for the Community. The TFCA grant project gives extra weight to projects
within an economically disadvantaged community.
The North Richmond Area Bikeway Project was submitted and approved by the Transportation, Water, and
Infrastructure Committee on June 29, 2006. On January 25, 2007,the Air District informed Public Works that
the Air District Board of Directors approved Public Works' grant application for funding from the
Transportation Fund for Clean Air(TFCA) Regional Fund for this project.
CONSEQUENCES OF NEGATIVE ACTION:
Failure to direct Public Works to execute the funding agreement will make it more difficult to provide funding
to construct these projects. Currently, no alternate funding has been identified for the North Richmond Area
Bikeway Project.
TRANSPORTATION FUND FOR CLEAN AIR FUNDING AGREEMENT
BETWEEN
THE BAY AREA AIR QUALITY MANAGEMENT DISTRICT
AND
COUNTY OF CONTRA COSTA
PROJECT NUMBER
06R15
This funding agreement(Agreement) is made and entered into between the County of Contra Costa,
hereinafter referred to as "Project Sponsor,"and the Bay Area Air Quality Management District,hereinafter
referred to as the "Air District."
SECTION I
RECITALS
1) California Health and Safety Code Section 44220 et seq., including Sections 44223 and 44225,
authorize the Air District to levy a fee on motor vehicles registered within its jurisdiction and to use
those fees to implement a program to reduce air pollution from motor vehicles and to implement certain
other projects pursuant to the California Clean Air Act of 1988.
2) The Air District has established a grant fund, entitled the Transportation Fund for Clean Air(TFCA),to
implement such a program. The Air District may issue TFCA funds to public agencies and, for certain
vehicle-based projects,to other entities within the Air District's jurisdiction.
3) California Health and Safety Code Section 44241 lists the permissible types of projects, all of which
must conform to the transportation control measures and mobile source measures that are included in
the plans adopted pursuant to California Health and Safety Code Sections 40233,40717, and 40919 and
that are in effect as of the date of execution of this Agreement.
4) On December 6, 2006, the Board of Directors of the Air District approved an award of a TFCA grant to
Project.Sponsor to implement an eligible transportation control measure or mobile source measure to
improve air quality in the San Francisco Bay Area Air Basin (Project),based on the eligibility criteria
and on information provided in Project Sponsor's application. -
5) The Air District and Project Sponsor desire to enter into this Agreement for implementation of the
Project in accordance with the terms and conditions of this Agreement, including all attachments
thereto.
NOW, THEREFORE, the parties agree as follows:
SECTION Il
PROJECT SPONSOR OBLIGATIONS
1) Project Sponsor hereby agrees to implement the Project, as described more fully in Attachment A,
"Project Specific Information,"and in Attachment B, "Project Description,"both of which attachments
are annexed to this Agreement and made a part hereof by this reference. Failure to implement the
Project in accordance with the terms and conditions set forth in this Agreement and all attachments
thereto will be deemed a breach of this Agreement and may result in termination of the Agreement.
2) Project Sponsor will complete the Project within the Project Budget set forth in Attachment A and in
accordance with the following conditions:
A. The Air District's funding obligation under this Agreement is limited to the "Total TFCA
Regional Funds Awarded," specified in Attachment A, Section 5. Any Project cost overruns are
the sole responsibility of the Project Sponsor.
TFCA Regional Fund Project 06R15 Page 1
BAAQMD FY2006 TFCA Funding Agreement
B. If the actual total project cost of the Project listed in the Final Report submitted pursuant to
Attachment C, "Monitoring of Project Performance,"annexed hereto and incorporated herein by
this reference, and approved by the Air District is less than the "Total Project Cost," set forth in
Attachment A,the Air District will reduce the amount of"Total TFCA Regional Funds
Awarded." In such a case, the Air District will maintain the percentage of the Total Project Costs
paid with TFCA Regional Funds to Project Sponsor. This percentage is set forth in Attachment A
and is equal to"Total TFCA Regional Funds Awarded"relative to "Total Project Cost."
C. Only those allowable Project costs incurred following the date of execution of this Agreement
prior to the completion or termination of the Project are eligible to receive TFCA funds.
D. Project Sponsor will contribute or expend its percentage of the"Total Project Cost"listed as
"Matching Funds" and set forth in Attachment A,prior to submission of the Final Invoice. In the
event the specified"Matching Funds"are to be contributed by a third party and Project Sponsor
does not receive all such funds, the Air District reserves the right to terminate this Agreement in
whole or in part, to reduce the amount of the grant of"Total TFCA Regional Funds Awarded,"or
to renegotiate the terms and conditions of this Agreement, at its sole discretion.
E. The "TFCA Line Item•Project Budget," set forth in Attachment A, specifies the maximum funds
of the "Total TFCA Regional Funds Awarded"available for the Project's allowable "TFCA
Administrative Costs,"if any. In no event shall Project Sponsor expend more than five (5)
percent of the "Total TFCA Regional Funds Awarded"paid to Project Sponsor. Allowable
Project Administrative Costs are listed in Appendix C of the 2006 "Transportation Fund for Clean
Air Regional Fund Application Guidance."
F. If before the end of the "Project Useful Life,"Project Sponsor removes any equipment purchased
with TFCA funds under this Agreement from operation,Project Sponsor is in breach of this
Agreement. If Project Sponsor seeks to transfer the equipment that has been removed from the
operation covered by this Agreement to another of its operations located within the Air District's
jurisdiction, Project Sponsor may seek a modification of this Agreement in advance to allow for
such transfer. Project Sponsor may not transfer the equipment without the prior approval of the
Air District.
G. If during the "Project Useful Life,"Project Sponsor sells any equipment purchased with TFCA
funds under this Agreement,Project Sponsor will return the funds realized from the sale in
proportion to the percentage of TFCA funds originally used to purchase the equipment within
thirty(30) days of the sale.
3) Project Sponsor will submit invoices to the Air District for reimbursement of eligible Project costs and
expenses consistent with the Project Budget and Project Schedule contained in Attachments A and B,
respectively in a form acceptable to the Air District. Invoices will include a summary sheet specifying
the Project number; time period for the invoice; itemized staff charges to the Project, if any; itemized
payments to vendors, consultants, or contractors; and total funds being requested for the invoice period.
Each invoice will also include detailed supporting documentation which will include copies of time
sheets documenting hourly labor costs incurred in the implementation of the Project,copies of invoices
from vendors, consultants, or contractors or an explanation of the goods or services provided for the
Project. Project Sponsor may establish an alternative method, approved in advance by the Air District,
to document staff costs charged to the Project.
If invoices include "TFCA Administrative Costs,"Project Sponsor must provide supporting
documentation to show how the costs were accrued. Such documentation shall include the date such
costs were accrued, the job titles and hourly pay rates of employees performing eligible Project
Administrative tasks, tasks performed by those employees, the number of hours spent performing such
tasks, and the total charges.
Project Sponsor must submit the final invoice for payment no later than ninety(90) days after the
submission of the Final Report,the deadline for which is set forth in Attachment C.
TFCA Regional Fund Project 06R15 Page 2
BAAQMD FY2006 TFCA Funding Agreement
Project Sponsor must expend TFCA Regional Funds within two(2)years of the effective date of this
Agreement, unless the Air.District approves in advance a longer period in writing.
4) Project Sponsor will keep all necessary Project records to document Project activities and performance,
including documentation of expenses and charges to support invoices submitted to the Air District and
other Project reporting requirements as described in Attachment C.
5) Project Sponsor will allow Air District or its authorized representatives to inspect, audit, and make
copies of any Project records related to the performance of this Agreement. Project Sponsor will keep
Project records in one central location for a period of three (3)years after the Air District's final
payment of an approved final invoice as required by Section H.3 above.
6) Project Sponsor will submit all reports set forth in Attachment C to the Air District by the specified due
dates. In the event that a report other than the Final Report is not received, the Air District reserves the
right to withhold payment of invoices until the appropriate report is submitted to the Air District. The
District will retain fifteen (15)percent of the "Total TFCA Regional.Funds Awarded"until the Air
District accepts the Final Report as required by Attachment C.
7) Project Sponsor will acknowledge the Air District as a Project funding source and will use or display
the Air District-approved logo for this Project so that it is visible to the public as follows:
A. On any motor vehicles leased or purchased with TFCA funds, or on any other property purchased
with TFCA funds.
B. On any printed or electronic material associated with the Project that is distributed to the public.
Printed material includes Project related schedules,brochures, handbooks, or promotional
material. Electronic material includes Project related web sites, electric signs, or e-mail
broadcasts.
C. In any Project related media events, articles,news releases or other publicity materials.
8) Project Sponsor will place in the public domain any software, written document, intellectual property,
process, technique, or product developed with TFCA funds as part of the Project.
9) Project Sponsor will monitor the operational status of the equipment or services purchased or funded
under this Agreement for the"Project Useful Life,"as listed in Attachment B. Project Sponsor will
notify the Air District in writing of any change in operational status of any service(s), engine(s),
vehicle(s) or equipment funded and installed under the terms of this Agreement, within thirty(30)
calendar days of its occurrence. For purposes of this Agreement, a "change in operational status"
occurs whenever any service is discontinued or any engine or equipment funded under the terms of this
Agreement is removed from active service,relocated outside the boundaries of the Air District,
wrecked, scrapped, sold, or transferred to another entity,before full completion of the Project Useful
Life specified in Attachment B. If Project Sponsor fails to provide the required written notice of a
change in operational status on a timely basis, the Air District may require repayment of grant funds
according to the terms set forth in Paragraphs 2.17 and 2.G, above.
10) Project Sponsor will maintain any vehicles, engines, or equipment funded under the terms of this
Agreement according to the manufacturer's specifications for the Project Useful Life, as defined in
Attachment B, except for advanced vehicle technology demonstration projects, as specified in "Special
Conditions,"Attachment A.
11) Project Sponsor will use TFCA funds only for the implementation of projects that result in the
reduction of motor vehicle emissions within the Air District's jurisdiction that achieve surplus emission
reductions. Surplus emission reductions are those that exceed the requirements of applicable
regulations or other legal obligations(including contracts)at the time the Air District Board of
Directors approves a grant award.
TFCA Regional Fund Project 06R15 Page 3
BAAQMD FY2006 TFCA Funding Agreement
12) Project Sponsor shall maintain the following insurance:
A. Workers' compensation and employers' liability insurance as required by California law or other
applicable statutory requirements; and
B. Occurrence-based commercial general liability insurance or equivalent form with a limit of not
less than one million dollars ($1,000,000)each occurrence. Such insurance shall include the Air
District and its officers, agents, and employees as additional insureds and shall be primary with
respect to any insurance maintained by the Air District; and
C. Business automobile liability insurance or equivalent form with a limit of not less than one
million dollars ($1,000,000) each accident. Such insurance shall include coverage for owned,
hired, and non-owned vehicles; and
D. Professional liability insurance, in an amount specified by the Air District and set forth in
. Attachment A,Project Specific Information, if such insurance is required by the Air District; and
E. Comprehensive and collision coverage equal to or greater than the full replacement value of the
vehicle(s), engine(s), and emission control system(s) that are covered by this Agreement.
All insurance shall be placed with insurers acceptable to the Air District. Prior to commencement of
work under this Agreement, the Project Sponsor shall furnish the Air District properly-executed
certificates of insurance for all required insurance. Upon request by the Air District,the Project
Sponsor shall provide a complete copy of any required insurance policy. The Project Sponsor shall
notify the Air District in writing thirty (30)days prior to cancellation or modification of any required
insurance policy. Any such modifications are subject to pre-approval by the Air District. If the
Project Sponsor fails to maintain the required insurance coverage set forth above, the Air District
reserves the right either to purchase such additional insurance and to deduct the cost thereof from the
"Total TFCA Funds Awarded"or to terminate this Agreement for default.
SECTION M
AIR DISTRICT OBLIGATIONS
1) The Air District will provide TFCA funds for this Project in an gmount not to exceed the"Total TFCA
Regional Funds Awarded," set forth in Attachment A.
2) The Air District will endeavor to pay undisputed amounts of each approved invoice within thirty(30)
calendar days of the Air District's receipt of such invoice.
3) The Air District will provide timely notice to Project Sponsor prior to conducting an audit.
4) The Air District will provide a copy of any fiscal audits of the Project as specified in California Health
and Safety Code Section 44242.
5) The Air District will provide a copy of its logo for this Project.
SECTION IV
GENERAL PROVISIONS
1) Term: This Agreement will commence as of the effective date of this Agreement and shall remain in
effect for three (3)years following the later of 1) the Air District's final payment after acceptance of
the Final Report, or 2) the "Project Useful Life"as specified in Attachment B, unless this Agreement is
terminated as provided below.
2) Termination:
A. Either party may terminate this Agreement at will, and without specifying any reason,by
notifying the other party in writing. The notice of termination shall specify the effective date of
termination, which shall be no less than thirty(30)calendar days from the date of delivery of the
TFCA Regional Fund Project 06R15 Page 4
BAAQMD FY2006 TFCA Funding Agreement
notice. Notice shall be delivered as provided for in Paragraph 5 below and in Paragraph 8 of
Attachment A. If Project Sponsor terminates this Agreement for reasons other than those set forth
in the Early Termination provision below,Project Sponsor shall not be entitled to the full amount
of the "Total TFCA Funds Awarded." Project Sponsor may retain or receive payment for that
portion of the TFCA Funds that is determined by first dividing the amount of the encumbered
Total TFCA Funds Awarded by the number of years of the Project Useful Life and then
multiplying that amount by the number of full years of operation completed at the time Project
Sponsor terminates this Agreement. Project Sponsor shall pay such funds owed the Air District
within thirty(30)days of the effective date of termination. The parties may agree to an
alternative formula for reimbursement or payment,which shall be in the Special Conditions,
Attachment A. If the Air District terminates this Agreement,Project Sponsor shall cease all work
under this Agreement and cease further expenditures of TFCA funds received under this
Agreement immediately upon receipt of the notice of termination,except such work as is
specified in the notice of termination. The Air District will reimburse Project Sponsor for
qualifying expenditures on the Project made until the effective date of the termination.
B. The Air District may terminate this Agreement for default upon giving a minimum of ten(10)
business days' writtennotice of such default to Project Sponsor and Project Sponsor does not cure
such default within that period of time. The notice of default will specify the amount of Total
TFCA Funds Awarded that Project Sponsor must reimburse the Air District, if any. The Air
District will calculate the amount of funds owed based on each year or part of each year of the
Project Useful Life that Project Sponsor operated the equipment covered by this Agreement prior
to the breach. For example, if the Air District determines that Project Sponsor defaulted during
the seventh year of operation of equipment that has a ten-year Project Useful Life,the Air District
will allow Project Sponsor the amount of Total TFCA Funds that represents six years of
operation. Project Sponsor may retain or receive payment for that portion of the Total TFCA
Funds that is determined by first dividing the amount of the encumbered Total TFCA Funds
Awarded by the number of years of the Project Useful Life and then multiplying that amount by
the number of full years of operation completed prior to the breach. Project Sponsor shall
reimburse such funds owed the Air District within thirty(30) days of the effective date of
termination. The parties may agree to an alternative formula for reimbursement or payment,
which shall be in the Special Conditions of the Project Specific Information, Attachment A.
3) Early Termination: Notwithstanding the force majeure provisions set forth in Paragraph 16 below,
Project Sponsor may seek termination of this Agreement prior to completion of the term period without
being deemed in breach of this Agreement if the vehicles or associated equipment funded under this
Agreement become inoperable through mechanical failure of components or systems directly related to
the fuel technology being utilized, and such failure is not caused by Project Sponsor's negligence,
misuse,or malfeasance. In such circumstance,Project Sponsor shall submit written documentation
supporting any basis for such early termination for the approval of the Air District.
Reimbursement for Early Termination: Project Sponsor is obligated through this Agreement to acquire
and operate equipment funded under this Agreement as well as to provide periodic reports to the Air
District. Should Project Sponsor desire to terminate this Agreement early for reasons stated
hereinabove, Project Sponsor shall reimburse a percentage of the Total TFCA Funds actually paid to
Project Sponsor by the Air District as follows: 100%, if the termination occurs prior to completion of
one (1)year of operation of the equipment covered by this Agreement; 80%, if termination occurs
between years one (1) and two (2) of operation; 60%between years two (2)and three (3)of operation;
40%,between years three (3) and four(4) of operation; 20%,between years four(4)and five (5) of
operation; and 0% after year five(5). The reimbursable amount shall be paid to the Air District within
sixty(60) calendar days of the early termination date. Nothing in this Paragraph 3 entitles Project
Sponsor to payment in the event of breach.
TFCA Regional Fund Project 06R15 Page 5
BAAQMD FY2006 TFCA Funding Agreement
4) Indemnification: Project Sponsor shall indemnify and hold harmless the Air District, its officers,
employees, agents,representatives, and successors-in-interest against any and all liability, demands,
claims, costs, losses, damages,recoveries, settlements, and expenses (including reasonable attorney
fees)that the Air District, its officers, employees, agents,representatives, and successors-in-interest
may incur or be required to pay arising from the death or injury of any person or persons (including
employees of Project Sponsor); from destruction of or damage to any property or properties, caused by
or connected with the performance of this Agreement by Project Sponsor, its employees,
subcontractors, or agents; or arising out of an act or omission of Project Sponsor or its employees,
subcontractors or agents in the performance of this Agreement, except to the extent such claim, suit or
action arises out of the sole negligence or willful misconduct of the Air District. Project Sponsor will
cause any third party who owns, operates or controls motor vehicle(s)purchased with TFCA funds
under this Agreement to indemnify the Air District in accordance with this provision. Project
Sponsor's indemnification and obligation to.have applicable third parties indemnify the Air District
will survive expiration or termination of 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 arising out of a negligent act or
omission by Air District in the performance of its duties under this Agreement.
5) 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 by the parties. Each
party shall promptly inform the other of any change of address or addressee for notice.
6) Contacts: The persons listed as Contacts in Attachment A will be the first point of contact and act as
the liaisons between the Air District and Project Sponsor with regards to the day-to-day activities of the
Project. All reports and correspondence are to be addressed to the specified Contacts. Each party shall
promptly inform the other of any change of address or addressee for notice.
7) Project Number: All correspondence shall reference the "Project Number" specified in
Attachment A.
8) Integration: This Agreement represents the final, complete, and-exclusive statement of the agreement
between the parties related to Project Sponsor implementing the Project and supersedes all prior and
contemporaneous understandings and agreements of the parties. No party has been induced to enter
into this Agreement by,nor is any party relying upon,any representation or warranty outside those
expressly set forth herein.
9) Amendment: This Agreement may only be amended by the mutual agreement of the parties in writing
and signed by both parties, except as otherwise provided for herein. Any attempt to modify this
Agreement orally will be void and of no effect. The Contacts for the Air District and Project Sponsor
listed in Attachment A may jointly authorize, in writing, any minor schedule revisions, "TFCA Line
Item Project Budget"revisions, or changes to the Project scope of work. Any change in Project scope
of work must be approved in advance by the Air District prior to implementation of the change by the
Project Sponsor.
10) Independent Contractor: Project Sponsor and all third parties rendering services under this Agreement
are independent contractors. None of the Project Sponsor's agents, subcontractors or employees shall
be construed as agents or employees of the Air District. The legal relationship of any person .
performing services for Project Sponsor will be solely between that person and Project Sponsor. This
paragraph does not apply to elected officials serving concurrently on the governing boards of both
Project Sponsor and the Air District.
TFCA Regional Fund Project 06RI5 Page 6
BAAQMD FY2006 TFCA Funding Agreement
11) Assignment: Neither party shall assign, sell, license, or otherwise transfer any rights or obligations
under this Agreement to a third party without the prior written consent of the other party,and any
attempt to do so shall be void upon inception. In the event of such assignment, sale, license or transfer
by Project Sponsor to a successor entity, all obligations and duties set forth in this Agreement
pertaining to any vehicles, engines, or equipment funded by TFCA funds under this Agreement shall
become the obligations and duties of the successor entity.
12) Severability: If a court of competent jurisdiction holds any provision of this Agreement to be illegal,
unenforceable or invalid in whole or in part for any reason,the validity and enforceability of the
remaining provisions, or portions of them will not be affected.
13) Effective Date: The effective date of this Agreement is the date the Air District Executive
Officer/APCO executes this Agreement.
14) General Compliance with Laws: The performance of this Agreement and the expenditure of TFCA
funds received under this Agreement will be in accordance with all applicable provisions of local and
state law.
15) Liquidated Damages: It is agreed by the parties that a violation of Section I1.7 will result in damage to
the Air District that is or will be impracticable to determine. It is therefore agreed that Project Sponsor
will be liable for up to ten percent(10%) of the"Total TFCA Regional Funds Awarded" for the Project
as liquidated damages if Project Sponsor does not cure a noticed violation of Section II.7 within thirty
(30)days of such written notice from the Air District. The Air District may deduct such liquidated
damage amounts from any amounts owed to Project Sponsor.
16) Force Majeure: Neither the Air District nor Project Sponsor shall be liable for or deemed to be in
default for any delay or failure in performance under this Agreement or interruption of services
resulting, directly or indirectly, from acts of God, enemy or hostile governmental action, civil
commotion, strikes, lockouts, labor disputes, fire or other casualty,judicial orders, governmental
controls,regulations or restrictions, inability to obtain labor or materials or reasonable substitutes for
labor or materials necessary for performance of the services, or other causes, except financial,that are
beyond the reasonable control of the Air District or Project Sponsor, for a period of time equal to the
period of such force majeure event,provided that the party failing to perform notifies the other party
within fifteen (15) calendar days of discovery of the force majeure event, and provided further that that
party takes all reasonable action to mitigate the damages resulting from the failure to perform.
Notwithstanding the above, if the cause of the force majeure event is due to party's own action or
inaction, then such cause shall not excuse that party from performance under this Agreement.
17) Governing Law: Any dispute that arises under or relates to this Agreement shall be governed by
California law, excluding any laws that direct the application to another jurisdiction's laws. Venue for
resolution of any dispute that arises under or relates to this Agreement, including mediation, shall be
San Francisco, California.
18) Binding on Successors: All of the terms,provisions and conditions of this Agreement will be binding
upon and inure to the benefit of the parties and their respective successors, assigns and legal
representatives.
19) Attorneys' fees: If any legal proceeding should be instituted by either of the parties to enforce the
terms of this Agreement or to determine the rights of the parties under this Agreement,the prevailing
party in said proceeding will recover, in addition to all court costs,reasonable attorneys' fees.
20) Conflict of Interest: Project Sponsor warrants and represents that it presently has no interest and agrees
that it will not acquire any interest which would represent a conflict of interest under California
Government Code sections 1090 et seq. and 87100 et seq. during the performance of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized officers.
TFCA Regional Fund Project 06R15 Page 7
BAAQMD FY2006 TFCA Funding Agreement
SIGNATURES:
by: W l.t.�, by: Date:
Maurice Shi Jack P. Broadbent
Public Works Director Executive Officer/APCO
County of Contra Costa Bay Area Air Quality Management District
Approved as to legal form:
by: by:
Legal Counsel Brian C.Bunger
District Counsel
County of Contra Costa Bay Area Air Quality Management District
TFCA Regional Fund Project 06R15 Page 8
BAAQMD FY2006 TFCA Funding Agreement
ATTACHMENT A
PROJECT SPECIFIC INFORMATION
[Note: The section numbers shown in parenthesis below refer to sections in the Funding Agreement.]
1. Project Sponsor: County of Contra Costa
2. Project Number(Section IV.7): 06R15
3. Total Project Cost(Section II.2): $73,000
4. Matching Funds (Section II.2): $8,000
Line Item Amount Source
Environmental Review $ 5,000 Local Funds (Gas Tax)
Preliminary Engineering $2,000 Local Funds(Gas Tax)
Construction $ 1,000 Local Funds(Gas Tax)
Total $8,000
5. Total TFCA Regional Funds Awarded(Section 11.2,11.6,lII.1,IV.15): $65,000
The Air District will fund 89.04 percent of the actual total project cost,to a maximum of$65,000.
6. TFCA Line Item Project Budget: Eligible expenditures for Total TFCA Regional Funds Awarded
include the listed line items,as follows:
Line Item Amount
Preliminary Engineering(including Design) $18,000
Construction $44,000
Pre-and post-Project monitoring costs $3,000
Total $65,000
7. Invoice and Payment Schedule (Section I1.3,II.4,11.5,11.6,111.2): The Project Sponsor shall submit a
single invoice for reimbursement at the time of submittal of the final report for the Project.
Per Section H.6 of this Agreement, the Air District may withhold funds pending receipt of reports.
TFCA Regional Fund Project 06R15 Page 9
BAAQMD FY2006 TFCA Funding Agreement
8. Notices (Section N.5): Any written notice required is to be addressed to:
Project Sponsor: Air District:
Maurice Shiu Jack P. Broadbent
Public Works Director Executive Officer/APCO
County of Contra Costa Bay Area Air Quality Management District
255 Glacier Drive 939 Ellis Street
Martinez, CA 94553 San Francisco,CA 94109
9. Contacts (Section IV.6): Contact persons for day-to-day activities of the Project are:
Project Sponsor: Air District:
Jason Chen Alison Kirk
Civil Engineer Environmental Planner I
County of Contra Costa Bay Area Air Quality Management District
255 Glacier Drive 939 Ellis Street
Martinez, CA 94553 San Francisco,CA 94109
jchen@pw.cccounty.us akirk@baaqmd.gov
10. Air District Approval Date(Section I.4,II.11): December 6,2006
11. Special Conditions (Section 11.2,11.7,11.9,11.12):
A. The Project Sponsor shall include the Air District as a Project funding source and the Air District logo
on any signs erected to describe the Project and the Project funding sources.
B. The Project Sponsor shall acknowledge the Air District as a funding source in all promotional
materials (e.g.,press releases,brochures,schedules,etc.)related to the Project.
C. Project design shall conform to all applicable standards in Chapter 1000 of the California Highway
Design Manual(Caltrans).
D. The Project Sponsor is a self-insured public entity. Accordingly,the Project Sponsor will provide
District with a certificate or other evidence of self-insurance acceptable to District prior to
commencement of work under this Agreement in satisfaction of the insurance requirements set forth
in Section Il.12 of the Agreement.
TFCA Regional Fund Project 06R15 Page 10
BAAQMD FY2006 TFCA Funding Agreement
ATTACHMENT B
PROJECT DESCRIPTION
The TFCA funding application dated July 24,2006 is incorporated herein by this reference.
1. Project Title: North Richmond Area Bikeway Project
2. Project Useful Life: 15 (fifteen)years.
3. Project Description: Construct Class-2 bicycle lane in the North Richmond area, on Third Street between
Grove Avenue and the Class-1 Wildcat Creek Trail, and a Class-3 bicycle route on Market Avenue
between Third Street and the county limits(0.7 miles total).
4. Project Schedule:
Milestone Completion Date
Environmental Review March 31,2008
Preliminary Engineering(including Design) June 30,2008
Construction September 30,2008
Final Report,per Attachment C October 31,2008
5. Project Goal: The goal of this Project is to reduce on-road motor vehicle emissions by replacing
automobile trips with bicycle trips.
TFCA Regional Fund Project 06R15 Page 11
BAAQMD FY2006 TFCA Funding Agreement
ATTACHMENT C
MONITORING OF PROJECT PERFORMANCE
1. Quarterly Reports(Section I1.6):
Due Dates: After the Funding Agreement has been signed by both parties, quarterly reports
will be due every January 15,April 15,July 15, and October 15 until the Final Report has been
submitted.
The Project Sponsor shall submit brief quarterly reports to the Air District during implementation of the
Project. Quarterly reports are required regardless of Project activity. Quarterly reports shall summarize
progress in Project implementation,describe any problems encountered, and note any potential need for
changes in the Project implementation schedule. Quarterly reports shall be submitted based upon the
format provided by the Air District.
2. Final Report(Section II.6):
Due Date: October 31,2008
The final report shall include,as a minimum,the following information in a format approved by the Air
District:
A. A description of the bicycle facility and Project specifications, including length,width, materials used,
amenities provided, and documentation to demonstrate that the Project conforms to applicable design
standards in Chapter 1000 of the California Highway Design Manual(Caltrans).
B. Photographs of the bicycle facility,including photos at three different locations along the segment.
The Air District encourages the submittal of photos via e-mail Opg files) if Project Sponsor has this
capability.
C. Documentation that the Project Sponsor has included the Air District as a Project funding source on
any signs erected to describe the Project and the Project funding sources.
D. Pre-construction and post-construction bicycle counts on Third Street and Market Avenue within the
Project limits. The Project Sponsor will submit a plan for Air District approval before conducting pre-
construction counts. Pre-and post-construction counts will be conducted during the same month of the
year on an average fair-weathered non-holiday weekday to provide the most relevant comparison.
E. Copies of any promotional materials,press releases,newsletter articles,or other media coverage related
to the Project.
3. Amendment(Section IV.9): The Project Sponsor must submit in writing to the Air District Project
Contact any requests to revise the Project schedule,TFCA Line Item Project Budget, or Project scope of
work. The Air District will approve or disapprove these requests in writing.
TFCA Regional Fund Project 06R15 Page 12
TRANSPORTATION FUND FOR CLEAN AIR (TFCA)
REGIONAL FUND PROJECT
PROGRESS REPORT
PROJECT INFORMATION:
BAAQMD Project# Date of Report:
Organization Name:
Person Completing Report: (Phone#)
(Name)
(E-mail)
Project Title:
Period Covered:
FISCAL INFORMATION:
TFCA Grant Matching Funds
1. Total Project Cost(in Funding Agreement): $ $
2. Project costs incurred to date: $ $
3. Project costs invoiced to dater $
4. Project costs incurred during the last quarter: $ $
5. Project costs invoiced during the last quarter: $
PROJECT STATUS:
1. Percent project completed: %
2. Summarize all activity on the project during the latest quarter(contracts, construction, operation, data
collection, etc).
3. Is Project adhering to the implementation schedule established in the TFCA Funding Agreement? If
delays in project implementation have occurred or are anticipated, please describe the reasons for the
delays and a new schedule for project implementation.
4. Attach copies of any press releases, newsletters articles, or other publicity materials regarding the
Project produced during the latest quarter.
NEXT QUARTER PROJECTION:
Describe anticipated activity on contracts, construction, operation and data collection for the next quarter.
(Revised January 2007) (Attach additional pages if necessary.)
FUNDING PROVIDED BY
BAY AREA
AIR QUALITY
MANAGEMENT
D I S T R I C T
erg
www.baaqmd.gov