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18-154 The Bay Area Air Quality Management District, Transportation Fund for Clean Air Funding Agreement, Project No. 17R24BAAQMD FYE 2017 TFCA Funding Agreement TRANSPORTATION FUND FOR CLEAN AIR FUNDING AGREEMENT BETWEEN THE BAY AREA AIR QUALITY MANAGEMENT DISTRICT AND CITY OF CUPERTINO PROJECT NUMBER: 17R24 This funding agreement ("Agreement") is made and entered into between the City of Cupertino, hereinafter referred to as "Project Sponsor," and the Bay Area Air Quality Management District, hereinafter referred to as the "Air District" (and hereinafter referred to jointly as the "Paities "). SECTION I RECITALS 1) California Health and Safety Code 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 mobile source and transportation control projects that result in surplus emission reductions. 2) The Air District has established a grant fund , entitled the Transpo1tation F und for Clean Air ("TFCA") to implement such projects. Under the TFCA 's Regional Fund Program, the Air District may issue TFCA funds to public agencies and, for certain vehicle-based projects, to other entities for projects within the Air District 's jurisdiction ("TFCA Program"). 3) California Health and Safety Code Section 44241 lists the pennissible types of projects, all of which must conform to the transportation control measures and mobile source measures that are included in the Air District 's air quality plan(s) adopted pursuant to California Health and Safety Code Sections 40233, 40717 , and 40919 and are in effect as of the date of execution of this Agreement. 4) On March 16, 2016, the Air District 's Board of Directors approved funding allocations for the TFCA Program for Fiscal Year Ending (FYE) 2017 , under California Health and Safety Code Section 44241, and authorized the Executive Officer/Air Pollution Control Officer (APCO) to execute Grant Agreements for eligible projects funded by the TFCA Program , with individual grant awards up to $100,000 . 5) On July 20, 2016, the Air District's Board of Directors approved the FYE 2017 TFCA Regional Fund Program Policies ("Program Policies "), which sets forth requirements for projects that are eligible for funding through the TFCA Program. 6) On April 25, 2017, the Air District released the Application Guidance for Bicycle Facilities Grant Program for FYE 2017 ("Program Guidance"), which includes the Program Policies and sets forth additional requirements for eligible bicycle facility projects. 7) On October 4, 2017, the Air District 's Board of Directors approved an award of TFCA Program fund s to the Project Sponsor to implement an eligible mobile source or transportation control project to improve air quality in the San Francisco Bay Area Air Basin ba sed on the Program Guidance and the infonnation provided in Project Sponsor 's app li cation ("Project"). 8) The Project Sponsor affinns that the Project has not commenced , would not have otherwise commenced without TFCA Program funding , and will result in surplus emission reductions . 9) The Parties desire to enter into this Agreement to implement the Project in accordance with the tern1s and conditions of this Agreement, including all att a chments thereto. NOW, THEREFORE, pursuant to .Ca li fornia Health and Safety Code Section 44241, the Parties hereby agree as follows : TFCA Project l 7R24 Pa ge 1 BAAQMD FYE 2017 TFCA Funding Agreement SECTION II PROJECT SPONSOR OBLIGATIONS 1) The Project Sponsor hereby agrees to implement the Project, which is desc ribed in "Project Infomrntion" (Attachment A), in accordance with the costs, tenns, and conditions in the "Project Budget and Payment Process" (Attachment B), and all applicable provisions of federal, state, and local law and regulations. Failure to implement the Project in accordance with the tenns and conditions set forth in this Agreement and all attachments thereto s hall be deemed a breach of this Agreement and may result in the Air Di strict 's enforcement of the Agreement, tennination of the Agreement, a reduction of the Project's TFCA Funds Awarded that are specified in Attachment B, or other remedies sought by the Air District at its sole discretion . 2) The Project Sponsor shall pay all Project costs necessary to complete the Project prior to submission of the Final Invoice to the Air District for reimbursement. Air Di strict's funding obligation under this Agreement is limited to reimbursement of E ligible Costs, as specified in Attachment B, the amount of which shall not exceed the TFCA Funds Awarded, also as specified in Attachment B. The Project Sponsor shall be solely responsible for all costs that exceed the TFCA Funds Awarded. 3) The Project Sponsor is respon s ible for assuring that all funds received under this Agreement and Matching Funds are expended only in accordance with the requirements of the TFCA Program , this Agreement, and all applicable provisions of law and regulations . 4) The Project Sponsor shall allow the Air Dishict and its authorized representatives to conduct perfonnance and fiscal audits of the Project at any time during the Tenn of this Agreement. The Project Sponsor shall cooperate with such audits and shall make available to the Air District all records relating to Project perfonnance and expenses incun-ed in the implementation of the Project. The Project Sponsor shall allow the Air District or its authorized representatives to inspect the Project at any time during the Project Operational Period. The Project Sponsor shall cooperate with such inspections. 5) The Project Sponsor shall prepare and maintain all necessary Project Records to document Project activities and perfonnance, including invoicing documentation set forth in Section 5 of Attachment B, documentation to support the Project reporting requirements. set forth in Attachment C, and insurance documentation set fo1ih in Attachment D (all of which comprise "Project Records "). Project Records shall also include documentation that verifies compliance with the requirements set forth in Section 11 .8. The Project Sponsor shall keep Project Records in one central location for a period of three (3) years after the later of a) the date of the Air Di s trict's final payment, orb) the end of the Project Operational Period . 6) The Project Sponsor shall submit the reports specified in Attachment C to the Air District by the due d ates specified in Attachment C. These reports are public documents. 7) The Project Sponsor shall implement and operate the Project for the duration of the Project Operational Period. The Project Sponsor may not make any changes to the operational status of the Project without the prior approval of the Air Di strict. Failure to obtain prior approval is a breach of this Agreement. For purposes of thi s Agreement, a "change to the operational status" occurs whenever any portion of the Project i s removed from active service other than for routine maintenance, relocated to a different location than what is specified in this Agreement (Attachment A), rendered inoperable, so ld , or transfened to another entity, before full completion of the Project Operational Period. If the Project Sponsor intends to make a change to the Project's to the operational status, the Project Sponsor mu st seek a modification of this Agreement in advance to allow for a change pursuant to Section IV.3. 8) The Project Sponsor shall acknowledge, and require any third party that implements any portion of the Project ("Sub -aw a rdee") to a lso acknowledge, the Air Dist1ict as a Project funding source at all times throu ghout the Project Operational Period as specifi ed in Attachment A. The Project Sponsor sha ll use, and require any Sub-awardee to use, the Air District's approved logo for the Project. The required documentation and mate1ial s are specified in Attachment C . TFCA Project 17R24 Page 2 BAAQMD FYE 2017 TFCA Funding Agreement 9) Beginning when the Project starts and throughout the Project Operational Period, the Project Sponsor shall obtain, maintain, and comply, and require any Sub-awardee to also obtain, maintain, and comply, with the insurance coverage specified in Attachment D , "Insurance Requirements ," and with all insurance requirements set forth therein, including the provision of documentation of said insurance coverage. 10) To the extent not otherwise prohibited by law, and to the extent required by the California Public Records Act (Government Code section 6250 et seq.), the Project Sponsor shall place in the public domain any software, written document, or other product developed with TFCA Program funds as part of the Project and shall require recipients of any TFCA Program funds, if any, to do the same. 11) The Project Sponsor shall use TFCA Program funds only for the implementation of a project that wi ll result in surplus motor vehicle emission reductions within the Air District's jurisdiction and be responsible for demonstrating the emission reductions achieved. Surplus emission reductions are those that exceed the requirements of applicable regulations or other legal obligations (including contracts) as of the Effective Date of this Agreement. 12) The Project Sponsor shall comply with all TFCA Program requirements set fo1th in the Air District's "Board Adopted TFCA Regional Fund Policies and Evaluation Criteria for FYE 2017 ," which are incorporated therein as Appendix A, and made a part of the "Application Guidance for Bicycle Facilities Grant Program/or FYE 2017," dated Ap1il 21, 2017, and which are incorporated herein and made a part hereof by this reference as if fully set forth herein. SECTION III AIR DISTRICT OBLIGATIONS 1) The Air District will provide TFCA Program funds for this Project in an amount not to exceed the TFCA Funds Awarded, in accordance with the fonnula set forth in Attachment B. In the event that the Total Project Cost is less than the amount listed in Attachment B, the Air District shall recalculate its contribution to the Project in accordance with the provisions of Section 3 of Attachment B. 2) The Air District will endeavor to pay the undisputed amount of an approved invoice within thirty (30) calendar days of the date of Air District's approval of such invoice and in accordance with the Invoice and Payment Schedule set forth in Section 5 of Attachment B. 3) The Air District will provide timely notice to the Project Sponsor prior to conducting any audits of the Project. Also, the Air District makes reasonable efforts to conduct audits and inspections during nonnal business hours of the Project Sponsor. 4) The Air District will provide the Project Sponsor a copy of the fiscal audit of the Project as specified in California Health and Safety Code Section 44242. 5) The Air District will provide the Project Sponsor all applicable Air Distiict-approved reporting and invoice forms. 6) The Air District will make its logo available to Project Sponsor solely for use to fulfill the Project Sponsor's obligation under Section 11.8 of this Agreement. SECTION IV GENERAL PROVISIONS I) Effective Date: The effective date of this Agreement is the date the Air District Executive Officer/Air Pollution Control Officer executes this Agreement ("Effective Date"). 2) Tenn: The tern1 of this Agreement shall commence on the Effective Date of this Agreement and end three (3) years from the later of eithe r 1) the date of the Air District's final payment, or 2) the last day of the Project Operational Pe1iod, unless this Agreement is tenninated or amended as provided below, or the Tenn is extended pursuant to Special Conditions, Attachment A. 3) Amendment: This Agreement may not be modified except in writing, signed by both Parties hereto, and any attempt at oral modification of this Agreement sha ll be void and of no effect. Any change in Project scope shall require an Amendment under this Agreement. TFCA Project l 7R24 Page 3 BAAQMD FYE 2017 TFCA Funding Agreement 4) Project Liaison: Within thirty (30) calendar days from the Effective Date of this Agreement, the Project Sponsor shall notify the Air District of the Project Sponsor 's Project Liaison and of the Liaison's address, telephone number, and email address. The Project Liaison shall be the liaison to the Air District pertaining to implementation of this Agreement and shall be the day-to-day contact about the Project. All conespondence shall be addressed to the Project Liaison . The Project Liaison shall notify the Air District of a chan ge of Project Liaison or of the Liaison's contact information in writing no later than thirty (30) calendar days from the date of the change. 5) Notices: Any notice that may be required under this Agreement shall be in writing, shall be effective when received, and shall be given by personal service, by U.S. Postal Service first class mail, or by certified mail (return receipt requested). Within thirty (30) calendar days of the Effective Date of this Agreement, the Parties shall infonn the other Party of the addressee for notice. Each Patiy shall promptly infonn the other of any changes for notice. All correspondence shall reference the Project Number. 6) Project Due Dates: If any Project act or task must be perfonned by a specific deadline or date, which day falls on a Saturday or holiday (which includes Sunday), that act or task may be perfonned by the next business day, except where otherwise noted in Special Conditions, Attachment A. 7) Breach and Tem1ination: A. Voluntary. Either Party may tenninate this Agreement by giving written notice to the other Party. The notice of termination shall specify the effective date oftennination. The tem1inating party shall provide notice that is a minimum of forty-five ( 45) calendar days from the mailing date of the notice. However, if any payments are due to either party, this Agreement may not be tenninated earlier than the date that all parties have received all payments they are due under this Agreement. In this circumstance, each party shall notify the other party of having received all payments due and the date of receipt. The notice of the tennination shall be delivered as provided for in Section IV.5. If the Project Sponsor tenninates this Agreement, the Project Sponsor shall not be entitled to the full amount of the TFCA Funds Awarded. The Air District will calculate the amount of funds to which the Project Sponsor is entitled based on the Air District 's determination of what funds are Eligible Costs and the fonnula set forth in Attachment B, Section 3. If the Air District has paid the Project Sponsor more than the amount of funds to which the Project Sponsor is entitled, the Project Sponsor shall reimburse any funds owed to the Air District prior to the effective date oftennination, which may include all or a portion of the TFCA funds that Project Sponsor has already received but is not entitled to retain. If the Air District tenninates this Agreement pursuant to this provision , any costs incuned on the Project following the effective date of tennination shall be ineligible for reimbursement of TFCA fund s, except costs for any work that the Air Dist1ict has specified in the notice oftennination that the Project Sponsor may continue to perfonn for the specified period of time. The Air District will reimburse Project Sponsor for all Eligible Costs that were expended prior to the date specified in the notice of termination ba sed on the fonnula set forth in Attachment B . The Agreement cannot be tern1inated unless all payments have been fully made. B . Breach . In the case of Project Spon so r 's breach of this Agreement, the Air Di st rict will deliver a written notice of breach. The notice will specify the nature of the breach and will direct the Project Sponsor to cease all work immediately upon receipt of the notice, except as specifically provided for in the notice. At it s discretion, the Air District may allow the Project Sponsor to cure the breach ; in that in stance, the notice of breach will specify th e date by which suc h breach mu st be cured ("C ur e Period "). As one of it s remedies, the Air District may tenninate thi s Agreement. In that event, the notice of beach will specify the date of tennination, which shall be no les s than thirty (30) calendar days from the date of mailing of such notice of breach. The notice of breach will also notify the Project Sponsor that the Project Spon sor ma y not be entitled to the full amo unt of the TFCA Funds Awarded. The notice will specify the amount of the TFCA Fund s Awarded; the amount of funds the Air Di str ict has paid to date, if any; and that some or all of TFCA Project l 7R24 Page4 BAAQMD FYE 2017 TFCA Funding Agreement the TFCA Funds Awarded may be subject to reimbursement to , or withholding by, the Air District. In no event shall the Agreement tenninate prior to the Project Sponsor's reimbursem ent of any funds owed to the Air District. 8) Additional Provisions and Additional Acts and Documents: Each Party agrees to do all such things and take all such actions, and to make, execute and deliver such other documents that are reasonably required to carry out the provisions, intent and purpose of this Agreement. All attachments to this Agreement are expressly incorporated herein by this reference and made a part hereof as though fully set forth. 9) Indemnification: The Project Sponsor shall indemnify and hold the Air District, its officers, employees, agents, and successors-in-interest hannless from and against any and all liability, loss, expense, including reasonable attorneys' fees, or claims for injury or damages arising out of the perfonnance of this Agreement but only in proportion to and to the extent such liability, los s, expense, attorneys' fees , or claims for injmy or damages are caused by or result from the negligent or intentional acts or omissions of the Project Sponsor, its officers, agents, or employees. The Project Sponsor shall require any third party who owns, operates, controls, or implements any portion of the Project to indemnify and hold the Air District , it s officers, employees, agents, and successors-in-interest hannless from and against any and all liability, los s, expense, including reasonable attorneys' fees , or claims for injury or damages arising out of the perfonnance of this Agreement but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of the third party, its officers, agents, or employees. 10) Independent Contractor: Neither the Project Sponsor nor its officers, employees, agents , or representatives shall be considered employees or agents of the Air District. This Section does not apply to elected officials serving concurrently on the governing boards of both the Project Sponsor and the Air District. 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. All of the tenns, 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. 12) Waiver: No waiver of a breach, of failure of any condition, or of any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the Party waiving the breach, failure, right or remedy. No waiver of any breach, failure, right or remedy shall be deemed a waiver of any other breach, nor shall any waiver constitute a continuing waiver unless the writing so specifies. Further, the failure of a Party to enforce perfonnance by the other Party of any tenn, covenant, or condition of this Agreement, and the failure of a Party to exercise any rights or remedies hereunder, shall not be deemed a waiver or relinquishment by that Party to enforce future perfonnance of any such tenns, covenants, or conditions, or to exercise any future rights or remedies. 13) Severability: If a court of competent jmisdiction 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. 14) Force Majeure: Neither the Air District nor the Project Sponsor shall be li able for , or deemed to be in default for, any delay or failure in perfonnance under this Agreement or inte1ruption of services resulting, directly or indirectly, from acts of God, enemy or hostile governmental action, civil commotion, stJikes, 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 perfomrnnce of the Project, or other causes , except financial, that are beyond the reasonable control of the Air District or the Project Sponsor, for a period of time equal to the period of such force majeure event, provided that the Party failing to perfonn 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 perfonn. Notwithstanding the above, if the cause of the force majeure event is due to a Party's own action or inaction , then s uch cau se shall not excuse that Party from perfonnance under this Agreement. TFCA Project l 7R24 Page 5 BAAQMD FYE 2017 TFCA Funding Agreement 15) Governing Law: Any di spute that arises under or relates to this Agreement shall be governed by California law , excluding any laws that direct the application of 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. 16) Public Entities -Conflict oflnterest: The Project Sponsor waii-ants and represents that its public officials, including its officers and employees in their official capacity, presently have no interest and agrees that its public officials, including its officers and employees in their official capacity, 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 perfonnance of this Agreement. 17) Integration: This Agreement, including all attachments hereto, represents the final, complete, and exclusive statement of the agreement between the Air Di strict and the Project Sponsor related to the Paities ' rights and obligations and subject matter described in this Agreement , and supersedes all prior and other 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 wauanty outside those expressly set fo1ih herein. 18) Survival of Terms: Any tenns of this Agreement that by their nature extend beyond the tenn ( or termination) of this Agreement shall remain in effect until fulfilled , and shall apply to both Parties' respective successors and assigns. Such tenns include the requirements set forth in Sections IV.9 and 11.5. 19) Each of the undersigned expressly affirms that he or she is authorized to execute this Agreement on behalf of the Party whom he or she represents. TFCA Project l 7R24 Pa ge 6 BAAQMD FYE 2017 TFCA Funding Agreement IN WITNESS WHEREOF, the Parties hereto have executed this Agreement by their dul y authorized officers . SIGN A TURES: by: ~ ,=--.---- Jack P. Broadbent Executive Officer/APCO Bay Area Air Quality Management District Approved as to legal fonn: by: . ·~ BrianC.Bunger District Counsel Bay Area Air Quality Management District TFCA Project l 7R24 David Brandt City Manager City of Cupertino Date: L/1-tf-lJ Approved as to legal fonn (optional): Page 7 BAAQMD FYE 2017 TFCA Funding Agreement . This page intentionally left blank. TFCA Project l 7R24 Pa ge 8 BAAQMD FYE 2017 TFCA Funding Agreement ATTACHMENT A PROJECT INFORMATION (Note: The section numbers shown in parentheses below refer to sections in the Agreement.) 1. Project Number (Section IV.5): l 7R24 2. Project Sponsor: City of Cupertino 3. Project Title: Cupertino Bikeway Project 4. Project Description: Project Sponsor shall construct and maintain 7.76 miles of Class III and 0.70 miles of Class IV bikeways in Cupertino, as further described in Sections 8, 9, and 10 of this Attachment A. 5. Project Goal: The goal of this Project is to reduce motor vehicle emissions and thereby improve air quality by constructing, installing and maintaining new bicycle facilities to help commuters and residents to mode shift to cycling and walking as alternatives to driving for short and first-a nd last-mile trips. 6. Project Operational Period: Seven (7) years starting from the date the last of the approved bicycle facilities is placed into public service. 7. Project Schedule: Milestone Project Starts All bicycle facilities are placed into service, start of the Project Operational Period End of the Project Operational Period 8 . Special Conditions (Sections 11.1, 11.4, IV.3): Date Effective Date of Agreement Within two (2) years from the Effective Date of Agreement Seven (7) years from the Project Operational Period start date A. Project Sponsor shall use only State of California-licensed engineers and contractors or Project Sponsor's qualified employees to perfonn the Project work. B. Project Sponsor shall site, install, construct, and maintain the Project bicycle facilities in accordance with respective manufacturer 's specifications and requirements, applicable state, federal and local laws and regulations , standards, guidelines, and best practices, including the Americans with Disabilities Act (ADA) and the Caltrans California Highway Design Manual, Infonnation Bulletins and Memos. C. Project Sponsor shall maintain the bicycle facilities in good repair and ensure that they remain accessible to the public for the duration of the Project Operational Petiod. D. Project Sponsor shall allow the Air Distiict, and its authorized representatives, to collect and share usage infonnation about the Project. TFCA Project l 7R24 Page 9 BAAQMD FYE 2017 TFCA Funding Agreement 9. Approved Project Bicycle Facilities (Project Components) Bikeway Bikeway Length Maximum Maximum Percentage of Maximum Maximum TFCA Bikeway ID TFCAFunds TFCA Funds Awarded of Funds Awarded Class* {miles) Eligible Costs Awarded Maximum Eligible Costs Per Mile l 7R24-l Class IV 0 .70 $2,209,180 $85,822 3.8 848 % $122 ,603 l 7R24-2 Class III 0.86 $136,400 $4,299 3.1518% $4,999 l 7R24-3 Class III 2.65 $332,800 $22,312 6.7044% $8,420 l 7R24-4 Class III 1.51 $404,000 $7,789 1.92 80% $5,15 8 l 7R24-5 Class III 0.69 $240,860 $5,290 2.1963 % $7,666 17R24-6 Class III 0.66 $125,000 $5,527 4.4216% $8 ,374 l 7R24-7 Class III 0 .76 $192,680 $2 ,145 1.1133% $2,822 l 7R24-8 Class III 0 .63 $510,500 $5,175 1.0138% $8 ,215 Total: 8.46 $4,151,420 $138,359 *Bikeway class is defined in Chapter 1000 -Bicycle Transportation Design of the Cal trans Highway Design Manual TFCA Project 17R24 Page 10 BAAQMD FYE 2017 TFCA Funding Agreement 10. M aps showing location of approved Project Bicycle Facilities (Project Components): a . M ap for bikeway 17R24-1: McClellan Rd/Pacifica Dr ~ OI iii vi (/) [ :rcust g d ,-\, ~ dj ::i -!1 gi :~ ~- ;, P, ';? M ,c 'r•U·,n Rd MCC ieiion Rd ,.. q !a .... I ~ ~ Erlr Way .Cl b. M ap for bikeway 17R24-2: Bike Blvd #1-Civic Center to Jollyman Park ~ ' ~'°"" T M~.C: . .: Tun .R~ lOrwln..Ln i,"1r...0Ln TFCA Project 1 7R24 i: I? ;j s.inr; !7 Page 11 BAAQMD FYE 2017 TFCA Funding Agreement c. Map for bikeway 17R24-3: Bike Blvd/Route #2-Civic Center to Creekside Park/Sterling Barnhart Park d. Sli~dygrove Or .. ~ ! Map for bikeway 17R24-4: Bike Blvd #4 -Mary Ave to Portal Ave endlaton Ave 1 ~ = ,. I: ii 'C~teUo Jl."9 .., :>/alley .Cr11:~ ~ 'Dr :> L ¥. # s 1 Stc,~L(.eelBl~d ~ & ~ ~ [: ; ~ s ~j ~ ~ ~ :,,. :I "' < " "' ~ :, "' E ~\a ,o.Ja1 ~ t.. 0 :T ~ :, ~ .. ·~ I- C,, ............ T'I( ; O;tt Barnhart Ave t5 i ! \!! ~\ ~ ·~· t ~ is '::, .., ~ /3. , Pt>nderg~st Ave . <::f Tuggle Ave I ~ ... _ <S <;;f o --.·r&' e ;; ,t' ~ ..,e j' cf' ,:,..<!' A'?'-' v ,!}''. J z <S ,.i' ,,,,.JP l i ,. ::, ... ~ "' :E I ;;; ::, n I!) <.ioq I r. m X ~ !? wr.r : Mlt:yv MITT F'OI Gl,mt ;, >j No~hwoodOr J unlpero Serra Fwy s,,,•11,maPJ r· ,, .. :i . g '<; ~ ~ '< !, Beekman Pl z "' '11:J Cr;,\~, ,, 2 . ;z- ~ ~ t ·-.~~t\afli A'JB -;.~ ~ A~b..imc: 9 TFCA Project 17R24 Dunbar Or ~ Fargo Dr -a. g HanlctdOr ~ Garde~ Gata Or '" "' < a. <" ~ .. >i' ,, c ;, :l ... ;;; .. r ::, z s ~ !!!. '< z ~ }? g: ~· ! Page 12 BAAQMD FYE 2017 TFCA Funding Agreement e. M ap for bikeway 17R24 -5: Bike Blvd #5 -Portal Ave .! ",' B~m,41.P, "' 'I! . ~ ::.,:,-.t.;1,·1ttcr ,.. ruf.TiQQt.n A,e!.i.· X W:1i;;.t:r.C:· t " er:s . ..1,).-,ek.BL:1.c 01 ' A,·~ "' " "' "H,&:.. r.ir. et TFCA P roject 17R24 r•,,_ ,,,.,,m f . Map for bikeway 17R24-6 Bike Blvd #7 -Tri-School East/West ~ ~ ~ ltreS <On f 5" ~ Page 13 BAAQMD FYE 2017 TFCA Funding Agreement g. ~ il: Map for bikeway 17R24 -7: Bike Blvd #8 -Tri-School North/South :'."I ====:;;J ly:lll(lt.part Hyan t1 CD C .emo um<f>"'QI. >? t \!I t .. ~~~Ro&ario .Ava .g: C tf:.l:olumbus Ave ~ " !{ TFCA Project 17R24 i1 " i i \"? ~ Wood!'' C01umblJ$'Ave . ~ Columti~:; Ave 0 ... -e ~-----J :t e ~varAv <>' 0- .s! c)\ 1:;~' -~ a h. Map for bikeway 17R24 -8: Bike Blvd #9 -West Cupertino North/South <). t;., Oak~ie,~ Ln ffr ::, ::, ~ ~ ;! -~ ~ Stevens C1 eek Blvd Gra:iada Ave He rmosa Ave ;; (/) ll> Cl. ro ::, a, 1'• ~ 0, "!; :, n, Lomlw Ave l• ,ti LomUaAwa Alr naC:en Ave San Fernanclo A·,p Alcazar ,ive 0, ;i Dolores Ave "' r tti McCle!lan Rd )lanni~port Dr Sh.:ittJ::l<Or <tJ ro .r:, "' ., ~- -0 "' ~-~ ii'.:,.,.. ..,.,. ., -Stevens Cree I t IO <5 ~ ~ l> <=· ro ~ I !<. ~ I> ii i ~-r "' McCI,: liln Rd f'ark Pr~< Hy,mnit Page 14 BAAQMD FYE 2017 TFCA Funding Agreement ATTACHMENT B PROJECT BUDGET AND PAYMENT PROCESS (Note: The section numbers shown in parentheses below refer to sections in the Agreement.) 1. Total Project Cost (Section 11.2): $4,151,420 The Total Project Cost is the sum of the Eligible Costs that are listed in Section 4 of Attachment B. 2. Matching Funds (Sections 11.2, 3): The Project Sponsor is responsible for all project costs that are not covered by the TFCA Funds Awarded. 3. TFCA Funds Awarded (Sections 11.2, 11.11, 111.1, IV.7): $138,359 If the scope of the Project is modified, the Air District will recalculate the Maximum TFCA Funds Awarded based on the actual length constructed and the Maximum TFCA Funds Awarded Per Mile as specified in Section 9 of Attachment A for each of the Project bikeways. The Air District will cancel this Agreement if the amount ofTFCA Funds Awarded is reduced to below $10,000. If the actual cost of the Project is less than the Total Project Cost, the Air District will recalculate the Maximum TFCA Funds Awarded based on the Percentage of Maximum TFCA Funds Awarded of Maximum Eligible Costs specified in Section 9 of Attachment A for each of the Project components. If this Agreement is tenninated pursuant to Section IV. 7 of this Agreement, the Air District will calculate the final TFCA Funds Awarded, which is the amount of funds to which the Project Sponsor is entitled, by first detennining the TFCA Funds Awarded based on the actual length constructed, the Maximum Eligible Costs, the Maximum TFCA Funds Awarded, the Percentage of Maximum TFCA Funds Awarded of Maximum Eligible Costs, and the Maximum TFCA Funds Awarded Per Mile, as specified in Section 9 of Attachment A, and the actual total eligible project cost, for each of the approved bicycle facility components, multiplying the ratio of actual Project Operational Period completed, which is the number of days after the start date of the Project Operational Period, during which the Project is in compliance with the Agreement, to the total number days in the Project Operational Period specified in Section 6 of Attachment A : Final TFCA Funds Awarded= TFCA Funds Awarded x (number of days of actual Project Operational Period completed-;-2,555 days) 4. Eligible Costs: Eligible Costs may only be incurred on or after the Effective Date of this Agreement and prior to the start date of the Project Operational Period, and must be directly and solely related to the implementation (site preparation, installation and construction) of the Project. For the purpose of detennining eligibility of Project costs, the date for equipment costs incurred shall be the date the Project Sponsor submits a signed purchase order or other document that commits the order, and for direct labor costs incurred shall be the date such services were rendered . Eligible Costs include: A. Costs for the purchase of equipment and material(s) (i.e., concrete, asphalt, and other mate1ials) including tax, and shipping fees; B. Equipment rental costs (i.e., dump truck, concrete road paver, and other equipment) including tax, and shipping fees; C. Documented labor charges (sala1ies, wages, and benefits); D . Contractor labor charges; and E. Pennit fees. Costs that are not included in the list above are not E li gible Costs, for example: A. Costs related to maintenance, repairs, rehabilitation, or upgrade of existing bicycle facilities; TFCA Project l 7R24 Page 15 BAAQMD FYE 2017 TFCA Funding Agreement B. Costs related to any other work perfom1ed or equipment purchased that is not required for the Project; C. Operating costs (e.g., salaries after the Project is open for public use, ongoing training/support, advertising, and rent/leases); D. Costs related to planning activities not directl y related to the implementation of the Project or feasibility studies; and E. Indirect and administrative costs. 5. Invoice and Payment Schedu le (Section 111.2): The Project Sponsor shall submit a single invoice (Final Invoice) along with the Expenditure Report as specified in Attachment C. The Final Invoice shall be prepared on the Air District's General Invoice Form and sha ll include: A. The Project Number; B. An itemized list of all expenses incurred by the Project Sponsor, specifying which are Eligible Costs and dates labor was perfonned and equipment was purchased; C. The total funds being requested; D . Supporting documentation of Project Sponsor's payments made for goods and services incurred , such as copies of receipts for services paid; invoices from vendors, consultants, or contractors, with an explanation of the goods or services provided for the Project; and time sheets documenting hourly labor costs incurred. The Air District will not process the Final Invoice until all current Project reporting obligations are fulfilled . The Air District shall retain fifteen percent (15%) of the final TFCA Funds Awarded until the Air District receives and approves the Final Report specified in Attachment C. TFCA Project l 7R24 Page 16 BAAQMD FYE 2017 TFCA Funding Agreement ATTACHMENT C MONITORING OF PROJECT PERFORMANCE (Note: The section numbers shown in parentheses below refer to sections in the Agreement.) 1. Semi-annual Reports (Section 11.6): The Project Sponsor shall submit Semi-annual Reports to the Air District summarizing Project progress . Semi-annual Reports shall be prepared on the Air District 's Semi- annual Report fonn. Due Dates: Beginning sixty (60) calendar days after the Effective Date, every April 15 and October 15 until the Expenditure Report has been submitted. 2. Expenditure Report (Sections 11.6, 11.8): The Project Sponsor shall submit an Expenditure Report to the Air District. Expenditure Report shall be prepared on the Air District 's Expenditure Report fonn. Due Date: By April 1, 2020 The Expenditure Report shall include the following information: A. A table that contains the applicable infonnation for each of the Project bicycle facilities: a. Activity centers or transit stop serviced by, and distance from, the bicycle facility; b. Date construction or installation completed and bicycle facilities are placed into public service; c. For bikeways: length , "cross section", page and section numbers of Chapter 1000 of the California Highway Design Manual pertaining to the design of the Project bikeways , and two (2) or more days of pre-project bicycle count data using methodology and count fonns from the National Bicycle and Pedestrian Documentation Project; d. For bicycle racks and lockers: address or exact location (i.e. cross street), physical features and dimensions , security features and mechanism for gaining access, and maximum number of bicycles that can be accommodated per locker/rack at any given time. B. Maps showing the locations of each of the installed Project bicycle facilities. C. Photographs that demonstrate that all the bicycle facilities are installed or constructed. D. Documentation that the Project Sponsor has acknowledged the Air District as a Project funding source, such as photographs of the funded bicycle facilities with Air District logos attached; documentation of use of the Air District 's logo on promotional materials, brochures, handbooks, and maps that promote or infonn the public about the Project services; and copies of press releases and newsletter articles related to the Project. E . A discussion of any pe1tinent issues or problems experienced with the Project to date. 3 . Final Report (Section 11.6): The Project Sponsor shall submit a Final Report to the Air District. The Final Report shall be prepared on the Air District's Final Report fonn . Due Date: By April I , 2021 The Final Report shall be prepared and submitted after the bicycle facilities have been in service for a minimum of 12 months and shall include the following infonnation: A. A description of the Project; B . A discus sion of any pe1tinent issues or problems experienced with the Project to date; C. A de scription of the average daily use (weekday and weekend) of each of the Project bicycle facilities; D. For bikewa ys: two (2) or more days of bikeway post-project bi cycle count data using methodology and count fonns from the National Bicycle and Pedestrian Documentation Project. TFCA Project l 7R24 Page 17 BAAQMD FYE 2017 TFCA Funding Agreement This page intentionally left blank. TFCA Project l 7R24 Page 18 BAAQMD FYE 2017 TFCA Funding Agreement ATTACHMENT D INSURANCE REQUIREMENTS Verification of Coverage Project Sponsor shall provide, and require any sub-awardee to provide, the Air Dishict certificates and/or other evidence of the insurance coverage required below. The Air District reserve s the right to require Project Sponsor to provide complete, certified copies of any insurance offered in compliance with these specifications. Certificates, policies and other evidence provided shall specify that the Air District shall receive thirty (30) calendar days advanced notice of cancellation from the insurers. The Project Sponsor may submit evidence that listed insurance is not required for the Project. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best 's rating of no less than A: Vil. The Air District may, at its sole discretion, waive or alter this requirement or accept self-insurance in lieu of any required policy of insurance. Minimum Scope of Insurance Throughout the Project Operational Period, Project Sponsor shall obtain and mai ntain in full force and effect the insurance as set forth below, and shall require any third to obtain and maintain in full force and effect the insurance as set forth below. Project Sponsor must initial next to each insurance requirement to confinn und/tanding and Agreement with the applicable Project insurance requirements: f/f'1. Liability_ Insur~nce . . . . . Initial Corporat10ns/Pnvate and Pubhc Entitles -a lnmt of not less than $1,000,000 per occurrence. Such insurance shall be of the type usual and customary to the business of the Project Sponsor, and to the /d 2 Initial /lf3· operation of the vehicles, engines or equipment operated by the Project Sponsor. Property Insurance Repower and New Vehicle/Equipment Purchase -in an amount of not less than the insurable value of Project Sponsor 's vehicles, engines or equipment funded under the Agreement of which this Attachment is a part, and covering all risks ofloss, damage or destruction of such vehicles, engines or equipment. Workers Compensation Insurance . Workers Compensation Insurance -as required by California law and employers ' liability insurance with a limit not less than $1 million . TFCA Project l 7R24 Page 19 BAAQMD FYE 2017 TFCA Funding Agreement This page intentionally left blank. TFCA Project 17R24 Page 20 Association of Bay Area Governments Pooled Liability Assurance Network 1750 Creekside Oaks Drive, Suite 200, Sacramento, CA 95833 916-244-1100 Liability Certificate of Coverage Evidence of Coverage Certificate Number: 41203265 Certificate Holder: Bay Area Air Quality Management District 375 Beale St. Suite 600 San Francisco , CA 94105 Covered Party: City of Cupertino Description of As respects evidence of general and auto liability coverage for the City of Cupertino regarding Project Covered Activity: Number 17R24, Transportation Fund for the Clean Air Funding Agreement. Memorandum of Coverage Number: GAL 2017-18 Effective Date: 3/29/2018 Expiration Date: 7/1/2018 Limits: $5 ,000 ,000 (per occurrence) The Following General and automobile liability as defined in the Memorandum of Coverage on file w ith the covered party Coverage is in named above . effect: This certificate is issued as a matter of information only and confers no rights upon the certificate holder. Th is certifi cate does not amend , extend , or alter the coverage afforded by the Liability Memorandum of Coverage . This is to certify that the coverage listed above has been issued to the Covered Party named above for the coverage period indicated, notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate may be issued or may pertain . The coverage afforded as described herein is subject to all the terms , exclusions, and conditions of the Memorandum of Coverage of the PLAN, which is available for your review upon request. Coverage is in effect from 12 :01 a .m . Pacific Time of effective date to 12 :01 a .m . Pacific Time of ex piration date as stated abo ve and will not be canceled , lim ited , or allowed to ex pire except upon 30-day notice to the certificate holder. Date Issued: 4/4/2018 Renewal: Yes Excess Certificate Issued: No Authorized Representative Signature: 41203265 J PLAN I 17/1 8 GL $5MM LIMITS ! Kailey Adams I 4/4/2018 11:26:13 AM (PDT) Page 1 of 1 This certificate cancels and supersedes ALL previously issued certificates .