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HomeMy WebLinkAboutAgr 2002-05-13 (ABAG) May 15, 2002 B '~'#" MAY 162002 D DIRECTOR TO OF PUBL/ WN OF T1BUR~~OR/(S Mr. Pat Echols Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 Dear Pat: Please fmd enclosed an original executed Bay Trail grant agreement for the Tiburon Trestle Glen Boulevard Bay Trail planning project for your records. For your convenience, I've attached an additional copy of the planning project approval checklist to help you identify next steps in the process. Please note that if you intend to hire an independent consultant or contractor, you must coordinate the request for proposal and contractor selection with ABAG. Please begin the draft work program as soon as possible. An approved work program will guide the project and is required prior to any billing. I've also included a Request for Disbursement form. At the appropriate time, you will need to submit this form along with supporting documentation to receive payment of the grant. If you have any questions concerning the project, please contact Laura Thompson, the staff lead at 510 464-7909. Sincerely, ~/:a~ Grants Administrator tf{~ enclosures Administered by the Association of Bay Area Governments PO. Box 2050 . Oakland California 94604-2050 Joseph P. Bort MetroCenter . 101 Eighth Street. Oakland California 94607 -4756 Phone 510.464.7935 Fax 510.464.7970 ASSOCIATION OF BAY AREA GOVERNMENTS BAY TRAIL PROJECT PLANNING GRANT AGREEMENT Grantee's full, legal name: TOWN OF TIBURON Address: 1505 TIBURON BOULEVARD Phone No.: (415) 435-7388 Name of Contact: PAT ECHOLS Title of Contact: DIRECTOR OF PUBLIC WORKS Taxpayer ID Number I. SCOPE OF AGREEMENT Pursuant to Chapter 9 of Division 21 of the California Public Resources Code, the State Coastal Conservancy ("the Conservancy") awarded grant funds to be administered by the Association of Bay Area Governments (ABAG) for development of the Bay Trail Project. ABAG grants to the Town of Tiburon ("the grantee") a sum not to exceed sixty thousand dollars ($60,000.00), subject to the terms and conditions of this agreement, to prepare a design feasibility study for bicycle and pedestrian improvements ("the Project") along Trestle Glen Boulevard, shown on Exhibit A, which is incorporated by reference and attached. The Project description is attached as Exhibit B, which is incorporated by reference. The grantee shall carry out the Project in accordance with this agreement and a work program to be approved by ABAG pursuant to this agreement. The grantee shall provide any funds beyond those granted under this agreement which are needed to complete the Project. II. CONDITIONS PRECEDENT TO COMMENCEMENT OF PROJECT AND DISBURSEMENT The grantee shall not commence the Project and ABAG shall not be obligated to disburse any funds under this agreement unless and until the following conditions precedent have been met: A. A resolution has been adopted by the Town Council of the grantee authorizing the execution of this agreement and approving its terms and conditions. B. ABAG has approved in writing: 1. The work program for the Project. 2. All contractors that the grantee intends to employ in connection with the Project. III. TERM OF AGREEMENT This agreement shall be deemed executed and effective when signed by both parties and together with the resolution described in the "CONDITIONS PRECEDENT TO COMMENCEMENT OF . PROJECT AND DISBURSEMENT" section of this agreement. This agreement shall run from its effective date through November 30, 2004 (the "termination date") unless otherwise terminated or amended as provided in this agreement. However, all work shall be completed by December 31, 2002 ("the completion date"). 2 STANDARD PROVISIONS I. WORK PROGRAM If all or part of the Project to be funded under this agreement will be performed by third parties ("contractors") under contract with the grantee, then the grantee shall, prior to initiating any request for contractor bids, submit the bid package for review and written approval of' ABAG. Upon approval by ABAG, the grantee shall proceed with the bidding process. Prior to final selection. the grantee shall submit to ABAG for written approval the names of all contractors that the grantee intends to hire. Prior to commencement of the Project, the grantee shall submit a detailed work program to ABAG for review and written approval as to its consistency with the terms of this agreement. The work program shall include: A. The specific tasks to be performed. B. A schedule of completion for the Project, specifically listing the completion date for each Project component and a final Project completion date. C. A detailed project budget ("Project Budget"). The Project Budget shall describe all labor and materials costs to be incurred to complete each component of the Project. For each Project component, the Project Budget shall list all intended funding sources including ABAG's grant, and all other sources of monies, materials, or labor. The work program shall have the same force and effect as if included in the text of this agreement. However, the work program may be modified without amendment of this agreement upon the grantee's submission of a modified work program and ABAG's written approval of it. If this agreement and the work program are inconsistent, the agreement shall control. The grantee shall carry out the Project in accordance with the approved work program. II. COORDINATION AND MEETINGS The grantee shall coordinate with ABAG staff and shall participate m meetings and other communications as necessary to ensure coordination. III. WORK PRODUCTS All materials and work products produced by the grantee as a result of this agreement are the property of ABAG and the Conservancy. IV. COSTS AND DISBURSEMENTS Upon determination by ABAG that all "CONDITIONS PRECEDENT TO COMMENCEMENT OF PROJECT AND DISBURSEMENT" have been fully met, ABAG shall disburse to the grantee, in 3 accordance with the approved Project Budget, a total amount not to exceed the amount of this grant, as follows: The provision of this section with a check mark, "x" or equivalent mark opposite it will apply at the commencement of the agreement. . MONTHLY INVOICES Disbursements shall be made on the basis of costs incurred to date, less ten percent (10%), upon the grantee's satisfactory progress in accordance with the approved work program and _ _ upon submission of a "Request for Disbursement" form, which shall be submitted no more frequently than monthly but no less frequently than quarterly. Disbursement of the ten percent (10%) withheld shall be made upon (1) the grantee's satisfactory completion of the Project, compliance with the "PROJECT COMPLETION" section of this agreement, and submission of a fully executed final "Request for Disbursement" form; and (2) ABAG's acceptance of the Project. o COMPLETION OF EACH PROJECT TASK Disbursement shall be made on the basis of costs incurred to date, less ten percent (10%), upon the grantee's satisfactory completion of each project task identified in the approved work program. The final disbursement, together with amounts earlier withheld, shall be made upon the grantee's satisfactory completion of the Project and compliance with the "PROJECT COMPLETION" section of this agreement and upon ABAG's acceptance of the Project. o COMPLETION OF PROJECT Disbursement shall be made on the basis of costs incurred, upon the grantee's satisfactory completion of the Project and compliance with the "PROJECT COMPLETION" section of this agreement and upon ABAG's acceptance of the Project. The grantee shall request disbursements by filing with ABAG fully executed "Request for Disbursement" forms (available from ABAG). The grantee shall submit the final form within thirty (30) days after the completion date provided in the "TERM OF AGREEMENT" section, above. The grantee shall state on the form its name and address, the date of the submission, the amount of the invoice, the period during which the work was actually done, and an itemized description of all work done for which disbursement is requested. The form shall be signed by an authorized representative of the grantee. Additionally, each form shall be accompanied by any supporting invoices or other source documents from contractors that the grantee engaged to complete any portion of the Project funded under this agreement, and by written substantiation of completion of the portion of the Project for which disbursement is requested. With each form, the grantee shall also submit a supporting progress report summarizing the current status of the Project and comparing it to the status required by the work program (budget, timeline, task, etc). Failure to fully execute and submit a "Request for Disbursement" form, including attachment of supporting documents, will relieve ABAG of its obligation to disburse funds to the grantee unless and until all deficiencies in the form are rectified. 4 V. EXPENDITURE OF FUNDS AND ALLOCATION OF FUNDING AMONG BlJDGET ITEMS The grantee shall expend funds in the manner described in the approved Project Budget. The allocation of ABAG's total grant among the items in the Project Budget may vary by as much as ten percent (10%) without approval by ABAG. Any difference of more than ten percent (100/0) must be approved in writing by ABAG. ABAG may withhold payment for changes in particu'lar budget items which exceed the amount allocated in the Project Budget by more than ten percent (100/0) and which have not received the approval required above. The total amount of this grant may not be increased except by amendment to this agreement. Any increase in the funding for any particular budget item shall mean a decrease in the funding for one or more other budget items unless there is a written amendment to this agreement. VI. PROJECT COMPLETION The grantee shall complete the Project by the completion date provided in the "TERM OF AGREEMENT" section, above. Upon completion of the Project, the grantee shall supply ABAG with two copies of evidence of completion by submitting: (1) the work products specified in the work program for the Project; and (2) a fully executed final "Request for Disbursement" form. Within forty-five (45) days of grantee's compliance with this paragraph, ABAG shall determine whether the Project has been satisfactorily completed. If ABAG determines that the Project has been satisfactorily completed, ABAG shall issue to the grantee a letter of acceptance of the Project. The Project shall be deemed complete as of the date of the letter of acceptance. VII. EARLY TERMINATION AND FAILURE TO PERFORM If the grantee fails to complete the Project in accordance with this agreement, or fails to fulfill any other obligations of this agreement prior to the termination date, the grantee shall be liable for immediate repayment to ABAG of all amounts disbursed by ABAG under this agreement. ABAG may, at its sole discretion, consider extenuating circumstances and not require repayment for work partially completed. This paragraph shall not be deemed to limit any other remedies ABAG may have for breach of this agreement. VIII. LIABILITY The grantee shall be responsible for, indemnify and save harmless ABAG, the Bay Trail Project and State of California ("the State"), their members, directors, officers, agents and employees, from any and all liabilities, claims, demands, damages or costs resulting from, growing out of, or in any way connected with or incident to this agreement, except for active negligence of ABAG, its members, directors, officers, agents or employees. The duty of the grantee to indemnify and save harmless includes the duty to defend as set forth in Civil Code Section 2778. PUBLIC ENTITY GRANTEES: This agreement supersedes the grantee's right as a public entity to indemnity (see Gov. Code Section 895.2) and contribution (see Gov. Code Section 895.6) as set forth in Gov. Code Section 895.4. 5 The grantee waives any and all rights to any type of express or implied indemnity or right of contribution from the State, its officers, agents or employees, for any liability resulting from growing out of, or in any way connected with or incident to this agreement. Nothing in this agreement is intended to create in the public or any member of it rights as a third party beneficiary under this agreement. IX. AUDITS/ACCOUNTING/RECORDS The grantee shall maintain standard financial accounts, documents, and records relating to implementation of the Project. The grantee shall retain these documents for three (3) years following the date of final disbursement by ABAG under this agreement, regardless of the termination date. The documents shall be subject to examination and audit by ABAG and the Bureau of State Audits during this period. The grantee may use any accounting system which follows the guidelines of "Generally Accepted Accounting Practices" published by the American Institute of Certified Public Accountants. X. NONDISCRIMINATION During the performance of this agreement, the grantee and its contractors shall not unlawfully discriminate against, harass, or allow harassment against any employee or applicant for employment because of sex, race, religion, color, national origin, ancestry, disability, medical condition, marital status, age (over 40) or denial of family-care leave, medical-care leave, or pregnancy-disability leave. The grantee and its contractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination and harassment. The grantee and its contractors shall comply with the provisions of the Fair Employment and Housing Act (Govt. Code Sections 12900 et seq.) and the applicable regulations (California Code of Regulations, Title 2, Sections 7285.0 et seq.). The regulations of the Fair Employment and Housing Commission regarding Contractor Nondiscrimination and Compliance (Chapter 5 of Division 4 of Title 2 of the California Code of Regulations), are incorporated into this agreement. The grantee and its contractors shall give written notice of their obligations under this clause to labor organizatioIis with which they have a collective bargaining or other agreement. This nondiscrimination clause shall be included in all contracts and subcontracts entered into to perform work provided for under this agreement. XI. INDEPENDENT CAPACITY The grantee, and the agents and employees of the grantee, in the performance of this agreement, shall act in an independent capacity and not as officers or employees or agents of ABAG. XII. ASSIGNMENT Without the written consent of ABAG, this agreement is not assignable by the grantee in whole or in part. 6 XIII. TIMELINESS Time is of the essence in this agreement. XIV. ABAG'S DESIGNEE ABAG designates Janet McBride as project manager who shall have authority to act on behalf of ABAG with respect to this agreement. xv. AMENDMENT Except as expressly provided in this agreement, no change in this agreement shall be valid unless made in writing and signed by the parties to the agreement. No oral understanding or agreement not incorporated in this agreement shall be binding on any of the parties. XVI. LOCUS This agreement is deemed to be entered into in the County of Alameda. The parties have caused this agreement to be executed by t~e* respective officers, duly authorized, the provisions of which agreement are effective as of the / ~ day of ~ 2002. ASSOCIATION OF BAY AREA GOVERNMENTS By Alex McIntyre, To By Ke APPROVED AS TO FORM BY~/?/~- Ann Danforth, Town Attorney 7 TOWN 0 T . B F IBURON T ICYCLE AND P RESTLE GLEN B EDESTRIAN IMP OULEV ARD ROVEMENT S TUDY EXHIBIT A PROJECT Loc . . ATION f ------ --lown ..11boo1f-" o u ~ u Z <t: 0: >- lL <t: m Z <t: ffJ .. ~ 7 2 ~ 1 ~., ~ \) :) :) If. 1) J J )-0 :::) ~ o z w t'l w -l .._" tJ .5 :,> : l~ C ~~! jJ j ~ j 2, ~ J< a: a: ~~.c- ~ i !! ~ ~ .~ ~ f ~ ~ ~ ~-~ I :- ~ il d ~ ~ II : i i ~ W(L . ! : .=. . : ~ en lU N o!3 o zO ~ <l:l!: <l: t:~ ~ ~u ~ ~iJ o 1-00 TOWN OF TIBURON TRESTLE GLEN BOULEVARD BICYCLE AND PEDESTRIAN IMPROVEMENT STUDY EXtllBIT B PROJECT DESCRIPTION The proposed project is to perform a preliminary design feasibility study of bi~yck-ori~nteJ roadway and shoulder improvement solutions on Trestle Glen Boulevard, a 0.7 n1ilc strategic cross-link between the north and south sides of the Tiburon Peninsula. Current substandard facilities for cyclists include roadway shoulders generally less than 18" wide, requiring cyclists to share the travel way with higher speed vehicular traffic. Potential study solutions may combine roadway widening with bicycle lanes and/or periodic pullouts for bicycle traffic. Improvements along Trestle Glen Boulevard will also directly benefit pedestrians. A narrow and substandard pedestrian path exists along portions of the west side of Trestle Glen Boulevard. A potential dedicated pedestrian pathway along Trestle Glen Boulevard will be considered. The project will include detailed alignment feasibility studies, engineering studies and soil testing with focus on bicycle and pedestrian safety and access improvements. The Bicycle Route and Parking Map (Map 1) that accompanies this document designates Tiburon's bicycle routes and those in adjacent unincorporated areas by Class I. II or III in accordance with Chapter 1000 of the California Department of Transportation Highway Design Manual - Bikeway Planning and Design. Class I bikeways serve the exclusive use of bicycles and pedestrians. Class II bikeways serve the preferential use of bicycles on established lanes on paved streets. Class III bikeways serve bicycles on other streets, and often connect with Class I or Class II bikeways. Trestle Glen Boulevard is a proposed Class II bikeway. As described in the Tiburon Bicycle and Pedestrian Master Plan, the Bicycle Route Map is currently used as a planning tool for the Town of Tiburon. The goal of the Bicycle and Pedestrian Plan is to encourage the use of the bicycle for trips to and from school, work. shopping and recreational areas to minimize automobile trips for the improved quality of life in Tiburon. The improved corridor of Trestle Glen Boulevard will link to the tremendous recreational opportunities along the Richardson Bay Multi-Use Path, an existing San FranCisco Bay Trail spine segment, and to Paradise Drive which is currently heavily used as a recreational bicycling corridor through a predominantly residential area. The project will encompass a cooperative effort between the Town of Corte Madera. the City of Larkspur and the County of Marin. Taken together, these projects will result in a significant asset of the San Francisco Bay Trail for the benefit of both recreational and commuter users. Page 1 of 1