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Home My WebLink AboutAgr 2008-07-02 (County of Marin/Town) . .. ~ ~ ~ ~ ~ ..-...----- ~ ..::::.:...'.~>~:.::~~~~.. ...... COUNTY OF MARIN www.co.marin.ca.uslpw ADMINISTRATION 499-6570 . ACCOUNTING 499-7877 . AIRPORT 451-A AIRPORT ROAD NOVATO, CA 94945 897-1754 · FAX 897-1264 . BUILDING MAINTENANCE 499-6576 · FAX 499-3250 . CAPITAL PROJECTS 499-7877. FAX 499-3724 . DISABILITY ACCESS 499-7002 (VOICE/TrY) FAX 499-3724 . ENGINEERING & SURVEY 499-7877. FAX 499-3724 . COUNTY GARAGE 499-7380 · FAX 499-7190 . LAND DEVELOPMENT & FLOOD CONTROL DISTRICT 499-6549 . PRINTING 499-6377 · FAX 499-6617 . COUNTY PURCHASING AGENT 499-6371 COMMUNICATION MAINTENANCE 499-7313 · FAX 499-3738 . REAL ESTATE 499-6578 · FAX 446-7373 . ROAD MAINTENANCE 499-7388 · FAX /499-3656 . TRAFFIC ENGINEERING 499-6528 . TRANSIT DISTRICT 499-6099 · FAX 499-6939 . WASTE MANAGEMENT 499-6647 · FAX 446-7373 NOTE: ALL AREA CODES ARE 415 00 ~ J~L ~ ~ ~~: ] DEPARTMENT OF PUBLIC WOiKSURoN-'I'j,S P. O. Box 4186, San Rafael, CA 94913-4186 · 415/499-6528 · FAX 415/499-3799 July 3, 2008 Farhad Mansourian, RCE Director Nicholas Nguyen, DPW Director Town ofTiburon 1505 Tiburon Blvd. Tiburon, CA 94920 Re: Agreement between agencies for Non-motorized Transportation Pilot Program (NTPP) funds Dear Mr. Nguyen: Attached is a copy of our fully executed agreement with Tiburon for NTPP allocations. NTPP funds are being programmed through TIP Amendment 2007-25 for your agency in accordance with the amount approved by the Board of Supervisors on April 1, 2008. For the NTPP time is of the essence, it is expected that all construction and program implementation will be finished or in place by the end of the 2009 calendar year. Please contact Reuel Brady at (415) 499-6525 if problems arise or there is project delivery assistance we can provide. Very truly yours, Attachment c: F arhad Mansourian Reuel Brady F:\ Traffic\NTPP\Projects\Agreements\Agreements0703 08 .doc AGREEMENT BETWEEN COUNTY OF MARIN AND TOWN OF TIBURON This AGREEMENT is made this 2"'d, day of :r!;!,\~ ' 2008, by and between the County of Marin, hereinafter referred to as "COUNTY", local public agency, and the Town of Tiburon, 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. On April 1, 2008 the Marin County Board of Supervisors approved a list of projects for the Steps, Lanes and Paths Programs 7. 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. 8. 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. 9. 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 Page 1 of 7 policies. This AGREEMENT consists of additional documents stated in these sections as being attached hereto and incorporated in the AGREEMENT by reference. SECTION 3. PROJECT DEFINITION AND SCOPE This AGREEMENT is made for the following projects: Pro'ect Number 804K 804L 804M Pro'ect Name Centro West to Mar West Cecilia to South rid e Jefferson to Reed Ranch and may be amended to include the following projects: Project Number Proiect Name Project Descriotion 800 Bicycle Parking Parking facilities for bicycles including racks, lockers, bus racks, and secured areas 801 Signing/Striping Signs (directional and informational), pavement markings (lines and stencils), directional kiosks, for bike lanes, pedestrian walkways, crosswalks 802 Intersection Improvements Geometric improvements to provide improved access and mobility for cyclists and pedestrians, signal modifications I enhancements SECTION 4. GRANT COUNTY hereby grants to the RECIPIENT the following sums: Pro'ect Number 804K, 804L, & 804M Amount $350,000 and may amend this allotment in an amount to be determined for the following projects: Project Number Amount 800 To be determined 801 To be determined 802 To be determined SECTION 5. COST ELIGIBILITY 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, Page 2 of 7 http://www.dot.ca.Qov/hQ/LocaIProQrams/lam/lapm.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. 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 anclprogram 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. Page 3 of 7 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 RECI PI ENT 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 RECI PI ENT 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/LocaIProqrams/lam/lapm.htm . RECIPIENT shall provide to COUNTY a Semi-Annual Report in a format provided by COUNTY. Page 4 of 7 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 IIMaster 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. 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 Leason 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 Page 5 of 7 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. 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 transf~ree(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 Page 6 of 7 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. County of Marin: Town of Tiburon: ~y~~ ~y~ \ "' ~..~d ~~<:;.OV~~ Print Name ~\~~~~ Print Title APPROVED AS TO FORM ~~~~ A~ DANFORTH TOWN AITORNEY TOWN OF TIBURON --- By: ~ Marin, Att rney tv') L y@V'~ Print Name &11& F:\Traffic\NTPP\Projects\Agreements\Funding Agreement Tiburon.doc Page 7 of 7