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HomeMy WebLinkAbout5.05 Tassajara Road Improvements – North Dublin Ranch Drive to Quarry Lane School Project, CIP No. ST0119Agenda Item 5.5 DUBLIN CALIFORNIA STAFF REPORT CITY COUNCIL DATE: .Lily 16, 2024 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SU B.ECT: Tassajara Road Improvements - North Dublin Ranch Drive to Quarry Lane School Project, CIP No. ST0119 - Project Funding Agreements with Alameda County Transportation Commission and the Tri-Valley Transportation Council Prepared by: Sai Midididdi, Associate Civil (Traffic) Engineer EXECUTIVE SUMMARY: The City Council will consider approving project funding agreements with Alameda County Transportation Commission and the Tri-Valley Transportation Council to fund the Tassajara Road Improvements - North Dublin Ranch Drive to Quarry Lane School project, CIP No. ST0119, and approving a budget change. STAFF RECOMMENDATION: Take the following actions: 1) Adopt the Resolution Approving a Funding Agreement with the Alameda County Transportation Commission for the Tassajara Road Improvements - North Dublin Ranch Drive to Quarry Lane School Project, CIP No. ST0119; 2) Adopt the Resolution Approving a Project Funding Agreement with the Tri-Valley Transportation Council for the Tassajara Road Improvements - North Dublin Ranch Drive to Quarry Lane School Project, CIP No. ST0119; and 3) Approve the budget change. FINANCIAL IMPACT: The City will receive grant funding of $872,000 in Measure BB funds and $128,000 in Transportation Fund for Clean Air (TFCA) funds from the Alameda County Transportation Commission for the Tassajara Road Improvements - North Dublin Ranch Drive to Quarry Lane School Project, CIP No. ST0119 (Project). These funds increase the project budget by $1,000,000 to a total of $15,000,000. The City will also receive $1,450,000 in Tri-Valley Transportation Development Fee discretionary funds from the Tri-Valley Transportation Council (TVTC) for the Project. These funds were already included in the adopted project budget as "Other" funding, and the budget change will Page 1 of 3 1 recategorize these funds to TVTC Grants. There is no impact to the General Fund. DESCRIPTION: The 2024-2029 Capital Improvement Program (CIP) includes the Tassajara Road Improvements North Dublin Ranch Drive to Quarry Lane School Project, CIP No. ST0119. The project will improve Tassajara Road to a four -lane arterial roadway with buffered bike lanes, sidewalks, landscaped median, stormwater treatment areas, and other associated street improvements. In May 2022, the Alameda County Transportation Commission (ACTC) released the 2024 Comprehensive Investment Plan Notice of Funding Opportunity which included an estimated $150.8 million of combined federal One Bay Area Grant Program Cycle 3 (OBAG 3) funding and ACTC-administered discretionary local funding sources, including Measure B and BB, Vehicle Registration Fee, and Transportation Fund for Clean Air (TFCA) funds. Staff applied for grant funding and ACTC allocated $872,000 in Measure BB funds and $128,000 in TFCA funds for the project. To receive the combined $1,000,000 ACTC grant, the City must enter into a project funding agreement with ACTC (Attachment 2). The agreement requires that the City provide matching funds in the amount of $10,971,000, which is provided by the existing project budget. The ACTC funds will increase the total project budget from $14,000,000 to $15,000,000. In April 2022, the Tri-Valley Transportation Council (TVTC) unanimously adopted the 2022 Strategic Expenditure Plan Update and Strategic Expenditure Plan Funding Plan, which included the Dublin project. In October 2023, TVTC adopted Resolution No. 2023-10 allocating $1,450,000 of Tri-Valley Transportation Development Fee discretionary funds to the project (Attachment 6). To receive the TVTC funds, the City must enter into a project funding agreement with TVTC (Attachment 4). The TVTC funds are included in the adopted CIP Project budget and were categorized in funding source Fund 9997-Other, pending the City entering into a project funding agreement with TVTC. The proposed budget change will recognize the TVTC grant fund revenue and will recategorize the funding source to Fund 2922 - Tri-Valley Transportation Council Grants. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: A copy of this report has been provided to the Alameda County Transportation Commission Citizen Watchdog Committee. The City Council Agenda was posted. Page 2 of 3 2 ATTACHMENTS: 1) Resolution Approving a Funding Agreement with the Alameda County Transportation Commission for the Tassajara Road Improvements - North Dublin Ranch Drive to Quarry Lane School Project, CIP No. ST0119 2) Exhibit A to the Resolution - Funding Agreement No. A23-0038 with the Alameda County Transportation Commission 3) Resolution Approving a Project Funding Agreement with the Tri-Valley Transportation Council for the Tassajara Road Improvements - North Dublin Ranch Drive to Quarry Lane School Project, CIP No. ST0119 4) Exhibit A to the Resolution - Funding Agreement with the Tri-Valley Transportation Council 5) Tri-Valley Transportation Council Resolution No. 2023-10 6) Budget Change Form Page 3 of 3 3 Attachment I RESOLUTION NO. XX — 24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A FUNDING AGREEMENT WITH THE ALAMEDA COUNTY TRANSPORTATION COMMISSION FOR THE TASSAJARA ROAD IMPROVEMENTS — NORTH DUBLIN RANCH DRIVE TO QUARRY LANE SCHOOL PROJECT, CIP NO. ST0119 WHEREAS, the Alameda County Transportation Commission ("ALAMEDA CTC") administers funding programs for projects and programs that benefit the Alameda County transportation system, consisting of 2000 Measure B, 2010 Vehicle Registration Fee ("VRF"), 2014 Measure BB, Congestion Management Agency Transportation Improvement Program ("CMA-TIP"), and Transportation Fund for Clean Air ("TFCA") Programs, and such funding is collectively defined as and shall be referenced herein as the "ALAMEDA CTC ADMINISTERED FUNDS"; and WHEREAS, the City of Dublin ("FUND RECIPIENT") submitted a funding application ("APPLICATION") to the ALAMEDA CTC for the Tassajara Road Improvements — North Dublin Ranch Drive to Quarry Lane School project, CIP No. ST0119 ("PROJECT"); and WHEREAS, the PROJECT will provide for design and construction of complete street improvements on Tassajara Road from North Dublin Ranch Drive to Quarry Lane School; and WHEREAS, by action of ALAMEDA CTC at its meeting held on May 25, 2023, ALAMEDA CTC awarded $1,000,000 in ALAMEDA CTC ADMINISTERED FUNDS to the FUND RECIPIENT for the implementation and delivery of the construction phase ("AWARDED PHASE(S)) OF PROJECT; and WHEREAS, prior to receipt of any ALAMEDA CTC ADMINISTERED FUNDS, FUND RECIPIENT shall be required to enter into a Project Funding Agreement with ALAMEDA CTC for the PROJECT ("AGREEMENT") based on ALAMEDA CTC'S form therefor, which AGREEMENT shall set forth certain project -specific requirements applicable to the PROJECT; and WHEREAS, as part of the requirements to receive ALAMEDA CTC ADMINISTERED FUNDS awarded to the PROJECT, ALAMEDA CTC requires a Resolution accepting the awarded funding to be adopted by the FUND RECIPIENT'S governing body confirming the following: 1. FUND RECIPIENT'S commitment to secure matching funds against the awarded ALAMEDA CTC ADMINISTERED FUNDS; and 2. FUND RECIPIENT'S commitment to provide any additional funding required to deliver the AWARDED PHASE(S) OF PROJECT, with an understanding the same shall not be funded with additional ALAMEDA CTC ADMINISTERED FUNDS; and 3. FUND RECIPIENT'S commitment to implement the AWARDED PHASE(S) OF PROJECT as described in the funding application and the subsequent funding agreement between ALAMEDA CTC and the FUND RECIPIENT; and 4. FUND RECIPIENT'S commitment to comply with the AGREEMENT; and Reso. No. XX-24, Item X.X, Adopted 07/16/2024 Page 1 of 3 4 5. FUND RECIPIENT'S commitment to comply with the applicable requirements set forth in ALAMEDA CTC'S Local Business Contract Equity ("LBCE") Program for professional services and construction contracts funded with Measure B, Measure BB, and/or VRF funds, and abide by the LBCE procedures in the applicable solicitations and contracts. NOW, THEREFORE, BE IT RESOLVED that FUND RECIPIENT agrees to accept award of $1,000,000 in ALAMEDA CTC ADMINISTERED FUNDS. BE IT FURHTER RESOLVED that FUND RECIPIENT, by adopting this Resolution, does hereby state that: 1. FUND RECIPIENT will provide a minimum of $10,971,000 in matching funds anticipated to be from State Gas Tax, Eastern Dublin and Dougerty Valley Transportation Impact Fee Sources; and 2. FUND RECIPIENT understands that FUND RECIPIENT shall be responsible to provide any additional funding required to deliver the AWARDED PHASE(S) OF PROJECT, and the same shall not be funded with additional ALAMEDA CTC ADMINISTERED FUNDS; and 3. AWARDED PHASE(S) OF PROJECT will be implemented as described in the APPLICATION, AGREEMENT, and in this Resolution; and 4. FUND RECIPIENT will comply with the AGREEMENT; and 5. FUND RECIPIENT will comply with the applicable requirements set forth in ALAMEDA CTC's LBCE Program. BE IT FURTHER RESOLVED that FUND RECIPIENT hereby confirms that there is no pending or threatened litigation that might in any way adversely affect FUND RECIPIENT's ability to implement and deliver the proposed PROJECT. BE IT FURTHER RESOLVED that FUND RECIPIENT authorizes its City Manager, or designee, to execute the AGREEMENT attached hereto as Exhibit A, and make any necessary, non -substantive changes to carry out the intent of this Resolution; and BE IT FURTHER RESOLVED that FUND RECIPIENT shall provide ALAMEDA CTC with a fully -executed copy of this Resolution. {Signatures on the Following Page} Reso. No. XX-24, Item X.X, Adopted 07/16/2024 Page 2 of 3 5 PASSED, APPROVED AND ADOPTED this 16th day of July 2024, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Reso. No. XX-24, Item X.X, Adopted 07/16/2024 Page 3 of 3 6 Attachment 2 Alameda CTC Agreement No. A23-0038 Project No. 1601000 PROJECT FUNDING AGREEMENT between ALAMEDA COUNTY TRANSPORTATION COMMISSION and the CITY OF DUBLIN for the TASSAJARA ROAD IMPROVEMENTS (NORTH DUBLIN RANCH DRIVE TO QUARRY LANE SCHOOL) This Project Funding Agreement ("AGREEMENT"), dated for reference purposes only as of May 25, 2023, is by and between ALAMEDA COUNTY TRANSPORTATION COMMISSION, a joint powers agency ("ALAMEDA CTC"), and the CITY OF DUBLIN, a public agency ("PROJECT SPONSOR"). This AGREEMENT obligates funds from one or more ALAMEDA CTC administered funding programs as indicated below, and as further specified in Appendix A: Project Control Information and Appendix B: Alameda CTC Administered Funds Obligated by this AGREEMENT, for the PROJECT, as such term is defined in Recital K below. ❑ 2000 Measure B ❑X 2014 Measure BB ❑ Vehicle Registration Fee ▪ Transportation Fund for Clean Air ❑ CMA TIP RECITALS A. The voters of Alameda County, pursuant to the provisions of the Bay Area County Traffic and Transportation Funding Act, Public Utilities Code Section 131000, et seq., approved Measure B at the General Election held in November 1986, authorizing the collection of a one-half cent transaction and use tax over a fifteen (15)-year period to address major transportation needs and congestion in Alameda County and giving Alameda County Transportation Authority ("ACTA") the responsibility for the administration of the proceeds of the tax. The proceeds from the 1986 Measure B tax have been and continue to be used to pay for investments as outlined in the 1986 Alameda County Transportation Expenditure Plan ("1986 TEP"), as it may be amended. Although collection of the 1986 Measure B tax ceased in 2002, capital projects funded wholly or in part by 1986 Measure B funds are still being delivered using these funds. B. The voters of Alameda County, pursuant to the provisions of the Local Transportation Authority and Improvement Act, Public Utilities Code Section 180000, et seq., approved the reauthorization of Measure B at the General Election held on November 7, 2000, authorizing the collection of a one-half cent transaction and use tax to be collected for twenty (20) years beginning April 1, 2002 and giving Alameda County Transportation Improvement Authority ("ACTIA") responsibility for the administration of the proceeds of the tax.. The proceeds from the 2000 Measure B tax have been and continue to be used to pay for investments as outlined in the 2000 Alameda County Transportation Expenditure Plan ("2000 TEP"), as it may be amended. C. The voters of Alameda County, pursuant to Section 65089.20 of the Government Code, approved Measure F, the Vehicle Registration Fee ("VRF"), authorizing Alameda County Congestion Management Agency ("ACCMA") to administer the proceeds from a $10 per year vehicle registration fee on Page 1 of 16 2021 PFA Version 7 Alameda CTC Agreement No. A23-0038 Project No. 1601000 each annual motor -vehicle registration in Alameda County, starting with registrations effective July 2011 with collection beginning in May 2011, six months following approval of Measure F. Vehicles subject to the VRF include all motorized vehicles, including passenger cars, light -duty trucks, medium -duty trucks, heavy-duty trucks, buses of all sizes, motorcycles, and motorized camper homes, unless vehicles are expressly exempted from the payment of the VRF. D. By resolutions adopted by the ACTA and ACTIA Boards on June 24, 2010, all of ACTA's functions and responsibilities were assigned to, and accepted by, ACTIA. On that same date, the ACTIA and ACCMA Boards took the final actions to create ALAMEDA CTC, a joint powers authority with all responsibilities of ACTIA and ACCMA. Pursuant to resolutions adopted by the ACTIA and ACCMA Boards and the Commission of ALAMEDA CTC, ACCMA and ACTIA were terminated as of the close of business on February 29, 2012, with ALAMEDA CTC designated as the successor entity. All of its predecessors' functions and responsibilities have been assigned to, and accepted by, ALAMEDA CTC. E. The voters of Alameda County, pursuant to the provisions of the Local Transportation Authority and Improvement Act, California Public Utilities Code Section 180000 et seq., approved Measure BB at the General Election held on November 4, 2014, authorizing the extension of an existing one-half of one percent transaction and use tax scheduled to terminate on March 31, 2022, and the augmentation of the tax by one-half of one percent, and giving ALAMEDA CTC responsibility for the administration of the proceeds of the 2014 Measure BB tax. The duration of the 2014 Measure BB tax will be 30 years from the initial year of collection, which began April 1, 2015, with said tax to terminate/expire on March 31, 2045. The proceeds from the 2014 Measure BB will be used to pay for investments as outlined in the 2014 Alameda County Transportation Expenditure Plan ("2014 TEP"), as it may be amended. F. As the Transportation Fund for Clean Air ("TFCA") Program Manager in Alameda County, ALAMEDA CTC annually programs 40 percent of the TFCA funds collected in Alameda County. ALAMEDA CTC receives these funds from the Bay Area Air Quality Management District ("BAAQMD"), and then distributes these funds on a reimbursement basis to eligible project sponsors. G. ALAMEDA CTC is continuing the implementation of the CMA Exchange Program, originally established by the ACCMA, for the purpose of providing local or otherwise unrestricted funds to ALAMEDA CTC for use in projects and programs adopted into the CMA Transportation Improvement Program ("CMA TIP") by ALAMEDA CTC. H. The funding programs administered by ALAMEDA CTC and available for projects and programs that benefit the Alameda County transportation system, consisting of 1986 Measure B, 2000 Measure B, 2014 Measure BB, VRF, TFCA, and CMA TIP, are collectively defined as and shall be referenced herein as the "ALAMEDA CTC ADMINISTERED FUNDS". Requirements related to 2000 Measure B, VRF and 2014 Measure BB Direct Local Distribution ("DLD") funding distributed pursuant to 2000 Measure B, VRF and 2014 Measure BB Transportation Expenditure Plans are covered by separate agreements between ALAMEDA CTC and DLD recipients. I. Measure B, Measure BB, VRF, and TFCA funds obligated by this AGREEMENT shall be programmed, allocated, and expended for the purpose defined and in accordance with the provisions set Page 2 of 16 2021 PFA Version 8 Alameda CTC Agreement No. A23-0038 Project No. 1601000 forth in the applicable transportation expenditure plans, or the BAAQMD-approved TFCA County Program Manager Policies. J. ALAMEDA CTC programs and allocates ALAMEDA CTC ADMINISTERED FUNDS through the ALAMEDA CTC Comprehensive Investment Plan ("CIP") that is updated periodically to summarize the programming and allocations of ALAMEDA CTC ADMINISTERED FUNDS, and the policies, procedures and requirements related to the expenditure of ALAMEDA CTC ADMINISTERED FUNDS. K. The PROJECT SPONSOR is implementing a project or program ("PROJECT") that is eligible for ALAMEDA CTC ADMINISTERED FUNDS. The PROJECT and the strategy to implement the PROJECT are described in greater detail in Appendix A: Project Control Information. L. This AGREEMENT obligates funds from one or more of ALAMEDA CTC administered funding programs as specified in Appendix B: Alameda CTC Administered Funds Obligated by this Agreement, for the PROJECT and the phase(s) described in Appendix A: Project Control Information. ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are available to reimburse eligible costs incurred by PROJECT SPONSOR for the PROJECT and the phase(s) described in Appendix A: Project Control Information. M. The issuance of bonds or another financing mechanism are possible funding options as part of ALAMEDA CTC administered funding programs to meet cash flow requirements of each individual program based on current schedule and project delivery information. Now, THEREFORE, it is agreed by and between the parties as follows: SECTION I PROJECT SPONSOR AGREES: 1. PROJECT SPONSOR shall implement the PROJECT in accordance with all requirements in this AGREEMENT and the following appendices attached hereto and incorporated herein by reference. a. Appendix A: Project Control Information b. Appendix B: Alameda CTC Administered Funds Obligated by this Agreement c. Appendix C: Alameda CTC Request for Reimbursement and Reporting Requirements d. Appendix D: Local Business Contract Equity Program e. Appendix E: Deliverables and Due Dates f. Appendix F: Project Performance Measures g. Appendix G: Transportation Fund for Clean Air Policies and Requirements 2. PROJECT SPONSOR shall perform the necessary work associated with the PROJECT required to implement PROJECT as described in Appendix A: Project Control Information. Page 3of16 2021 PFA Version 9 Alameda CTC Agreement No. A23-0038 Project No. 1601000 3. PROJECT SPONSOR shall inform ALAMEDA CTC in writing of any changes to the information contained in Appendix A: Project Control Information as soon as PROJECT SPONSOR becomes aware of such changes. Per Section III.2, any change that requires an amendment to this AGREEMENT must be approved by ALAMEDA CTC prior to PROJECT SPONSOR implementing the change. 4. PROJECT SPONSOR shall commit to the timing of ALAMEDA CTC ADMINISTERED FUNDS as described in Appendix B: Alameda CTC Administered Funds Obligated by this Agreement. 5. PROJECT SPONSOR shall expend ALAMEDA CTC ADMINISTERED FUNDS received under this AGREEMENT in accordance with all applicable provisions of law and shall return to ALAMEDA CTC all funds that are not expended in accordance with all applicable provisions of law. 6. PROJECT SPONSOR shall be responsible for costs in excess of the total funding obligations shown in Appendix A: Project Control Information. Costs in excess of the total funding obligations will not be reimbursed with ALAMEDA CTC ADMINISTERED FUNDS unless this AGREEMENT is amended in writing or the parties execute a separate agreement for a subsequent phase of the PROJECT. 7. PROJECT SPONSOR shall return to ALAMEDA CTC, on a pro -rated basis, funds realized from the sale of any vehicle(s) purchased with ALAMEDA CTC ADMINISTERED FUNDS, if the sale of the vehicle(s) is completed prior to the last day of the last year listed as the PROJECT'S "Years of Effectiveness" as identified in either Appendix A: Project Control Information or Appendix G: Transportation Fund for Clean Air Policies and Requirements, as applicable. The amount of sale proceeds required to be returned to ALAMEDA CTC shall be proportional to the percentage of ALAMEDA CTC ADMINISTERED FUNDS originally used to purchase the vehicle(s). 8. PROJECT SPONSOR staff costs for any local agency which receives DLD funding shall not be eligible for reimbursement from ALAMEDA CTC ADMINISTERED FUNDS allocated to the PROJECT unless staff costs are specifically identified as eligible in Appendix A: Project Control Information. Staff costs included in Appendix A are limited to project implementation costs. Staff costs related to the administration of this AGREEMENT including preparation of requests for reimbursement or progress reports are ineligible for reimbursement. PROJECT SPONSOR staff costs funded by other sources can be included in the total cost for the purpose of meeting the cost and risk sharing provisions of this AGREEMENT. 9. PROJECT SPONSOR staff costs eligible for reimbursement may include the individual's actual hourly wage plus a fringe benefit rate, as approved by a cognizant agency or an independent auditor, of up to a maximum of 70% of the hourly wage. Staff costs also may include direct costs including contracted services, such as legal counsel, that are considered an extension of the PROJECT SPONSOR'S staff. 10. PROJECT SPONSOR overhead, or "indirect," costs are not eligible for reimbursement from ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT, and shall not be included in the total eligible PROJECT cost calculations used to determine the ALAMEDA CTC ADMINIS 1'LRED FUNDS share of such total eligible PROJECT costs. Page 4 of 16 2021 PFA Version 10 Alameda CTC Agreement No. A23-0038 Project No. 1601000 11. The cost of maintenance, security, or protection performed by PROJECT SPONSOR or third - party contractors during any temporary suspension of activities associated with the PROJECT will not be considered an eligible cost for reimbursement by ALAMEDA CTC. 12. PROJECT SPONSOR shall advertise, award and administer all professional services contracts for PROJECT work not performed by PROJECT SPONSOR. 13. PROJECT SPONSOR shall invite ALAMEDA CTC staff to participate as a voting member of PROJECT SPONSOR's selection panel for the selection of all professional consultants, and furnish drafts of all professional services contracts, upon ALAMEDA CTC's request. 14. All locally funded contracts approved by PROJECT SPONSOR, funded wholly or in part with Measure B, Measure BB, and/or Vehicle Registration Fee funds administered by ALAMEDA CTC, except for contracts that also include state and/or federal funds or contracts funding non -capital projects (e.g., transit operations), are required to comply with ALAMEDA CTC's Local Business Contract Equity (LBCE) Program as listed and described in Appendix D: Local Business Contract Equity Program Requirements. PROJECT SPONSOR shall comply with the reporting requirements set forth in the LBCE Program and provide the required information to ALAMEDA CTC in accordance with Appendix D for all contracts partially or wholly funded by ALAMEDA CTC, whether or not the specific contract is subject to the LBCE Program. 15. PROJECT SPONSOR shall require insurance coverage that names ALAMEDA CTC, its governing body, officers, employees and consultants as additional insureds of the PROJECT SPONSOR, professional services consultants and subconsultants, construction services contractors and subcontractors, volunteer service individuals, and any other contractors or subcontractors involved with the PROJECT on all insurance required by PROJECT SPONSOR for PROJECT. PROJECT SPONSOR shall keep and maintain insurance certificates and policy endorsements evidencing the policies on file, and furnish the same to ALAMEDA CTC upon request. ALAMEDA CTC will not be responsible for any premiums or assessments on any policy. If this AGREEMENT includes any TFCA funds, PROJECT SPONSOR shall also comply with the insurance requirements specified in Appendix G: Transportation Fund for Clean Air Policies and Requirements. 16. PROJECT SPONSOR shall provide ALAMEDA CTC with periodic (i.e., monthly, quarterly or semi-annually) progress reports describing the current status of the PROJECT. The required progress reporting frequency schedule and forms are provided in Appendix C: Alameda CTC Request for Reimbursement and Reporting Requirements. Progress reports are due by the last day of each calendar month following the established reporting period in which the work was performed. These reports shall include PROJECT status information such as the scope of work completed to date, total costs incurred, future actions, project performance, issues identification, changes to scope or schedule, and any additional relevant information requested by ALAMEDA CTC. 17. PROJECT SPONSOR shall submit to ALAMEDA CTC a Request for Reimbursement in accordance with the minimum required invoicing frequency established for the PROJECT, but not more than one such request per month, for reimbursement of eligible PROJECT costs and expenses incurred by PROJECT SPONSOR. The required minimum invoicing frequency and invoice forms are provided in Appendix C: Alameda CTC Request for Reimbursement and Reporting Requirements. If PROJECT SPONSOR does not Page 5 of 16 2021 PFA Version 11 Alameda CTC Agreement No. A23-0038 Project No. 1601000 incur any reimbursable expenses during the minimum invoicing period, in lieu of submitting an invoice, PROJECT SPONSOR shall submit a letter or a statement as part of the required progress report for the same period confirming that no reimbursable costs were incurred during the given period. If PROJECT SPONSOR requests reimbursement for costs incurred as a result of a contract or agreement with a third party that contains a contract value of $50,000 or greater, e.g. a consultant, contractor or other entity, PROJECT SPONSOR shall submit an electronic copy of the fully executed contract or agreement to ALAMEDA CTC prior to ALAMEDA CTC authorizing reimbursement of such costs. Supporting documentation for the Request for Reimbursement packages includes copies of invoices from vendors, consultants, or contractors and summaries of eligible PROJECT SPONSOR staff time charges. PROJECT SPONSOR may suggest an alternative method, subject to approval in advance by ALAMEDA CTC, to document staff costs charged to the PROJECT. 18. PROJECT SPONSOR shall provide a Parcel and Utility Agreement Tracking Log upon ALAMEDA CTC's request, if the PROJECT includes the acquisition of right-of-way and/or the relocation or protection of utility facilities. 19. PROJECT SPONSOR shall keep all necessary PROJECT records to demonstrate compliance with this AGREEMENT, including documentation of activities, performance, progress reports, final report, expenses and charges to support invoices submitted to ALAMEDA CTC and other PROJECT reporting requirements as described in Appendix C. Alameda CTC Request for Reimbursement and Reporting Requirements in one central location for a period of not less than five (5) years after the later of (i) ALAMEDA CTC's payment of the final invoice, (ii) the PROJECT SPONSOR'S submittal of the Final Report for ALAMEDA CTC ADMINISTERED FUNDS under this AGREEMENT, and (iii) the end of the PROJECT'S established "Years of Effectiveness" period (as identified in Appendix G: Transportation Fund for Clean Air Policies and Requirements) if any TFCA funds are provided under this AGREEMENT. a. PROJECT SPONSOR and PROJECT SPONSOR's contractors and subcontractors shall each maintain and make available for inspection and audit all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. b. PROJECT SPONSOR shall allow ALAMEDA CTC or its authorized representatives to inspect, audit, or make copies of any PROJECT records for a period of five (5) years after ALAMEDA CTC's payment of the final invoice and the PROJECT SPONSOR'S submittal of the Final Report. The same access also shall be granted to BAAQMD or its authorized representatives for TFCA funds obligated by this AGREEMENT. 20. PROJECT SPONSOR shall comply with all of the following publicity requirements to inform the public on the use of ALAMEDA CTC ADMINISTERED FUNDS on the PROJECT. a. PROJECT SPONSOR shall credit ALAMEDA CTC as a funding source and display the approved ALAMEDA CTC logo, where practical, on construction informational signs, vehicles or equipment operated or obtained as part of the PROJECT, and on any publicly distributed information (e.g., fact sheets, flyers, brochures, maps, schedules, websites, press releases), created for or associated with the PROJECT. For TFCA funding obligated through Page 6 of 16 2021 PFA Version 12 Alameda CTC Agreement No. A23-0038 Project No. 1601000 this AGREEMENT, SPONSOR shall also credit the BAAQMD as a funding source and display the BAAQMD-approved TFCA logo. b. PROJECT SPONSOR shall provide updated and accurate PROJECT information on the PROJECT SPONSOR's website, or create such a website if none exists, and provide a link to ALAMEDA CTC website. c. PROJECT SPONSOR shall publish an article in a printed or electronically distributed publication such as a newsletter, local newspaper, e-publications, or website highlighting the PROJECT and the use of ALAMEDA CTC ADMINISTERED FUNDS at least once per fiscal year. For TFCA funding obligated through this AGREEMENT, SPONSOR shall also credit the BAAQMD as a funding source. d. PROJECT SPONSOR shall document compliance with the publicity requirements and furnish such documentation upon request, and regularly through the progress and final reporting required by this AGREEMENT, through evidence such as photos of construction and vehicle signage, copies of print, electronic and other media published to satisfy this requirement. For TFCA funding obligated through this AGREEMENT, SPONSOR shall also document that the BAAQMD was credited as a funding source and the BAAQMD-approved TFCA logos were displayed. e. PROJECT SPONSOR shall notify ALAMEDA CTC and request an exemption as soon as it is reasonably known that the PROJECT SPONSOR is unable to fulfill the requirements under this Section I.20 due to extraordinary circumstances. 21. PROJECT SPONSOR shall, to the extent not otherwise prohibited by law, and to the extent required by the California Public Records Act (California Government Code section 6250 et seq.), place in the public domain any software, written document, or other product developed with ALAMEDA CTC ADMINISTERED FUNDS received through this AGREEMENT. 22. PROJECT SPONSOR shall participate, upon the request of ALAMEDA CTC, in a Public Awareness Program in partnership with ALAMEDA CTC and/or its community advisory committees as a means of informing the public of the benefits derived from the use of ALAMEDA CTC ADMINISTERED FUNDS. 23. PROJECT SPONSOR shall obtain all state, local and federal permits and approvals for work, including environmental approvals in accordance with the National Environment Policy Act (NEPA) and the California Environmental Quality Act (CEQA), as applicable. PROJECT SPONSOR will comply with all applicable state and federal laws and regulations. 24. PROJECT SPONSOR shall render a report or answer any and all inquiries, upon ALAMEDA CTC's request, in regards to its receipt of ALAMEDA CTC ADMINISTERED FUNDS, compliance audit findings, and usage of ALAMEDA CTC ADMINISTERED FUNDS before the ALAMEDA CTC Commission, Independent Watchdog Committee, and/or community advisory committees, as applicable. Page 7 of 16 2021 PFA Version 13 Alameda CTC Agreement No. A23-0038 Project No. 1601000 25. For TFCA funds obligated by this AGREEMENT, a PROJECT SPONSOR who has failed a BAAQMD financial or performance audit for the PROJECT will be excluded from receiving an award of any TFCA funds for five (5) years from the date of BAAQMD's final audit determination. Existing TFCA funds already awarded to the SPONSOR will not be released until all audit recommendations and remedies have been satisfactorily implemented. A failed BAAQMD financial audit means a final audit report that includes an uncorrected audit finding that confirms an ineligible expenditure of TFCA funds. A failed BAAQMD performance audit means that the PROJECT was not implemented in accordance with the AGREEMENT. SPONSOR shall be afforded a reasonable amount of time to address/cure adverse audit findings. 26. For TFCA funds obligated by this AGREEMENT, PROJECT SPONSOR shall return to ALAMEDA CTC, on a pro -rated basis, TFCA funds received under this Agreement if PROJECT is not maintained and/or operated throughout, and at least until the conclusion of, its "Years of Effectiveness" as identified in Appendix G: Transportation Fund for Clean Air Policies and Requirements. 27. For TFCA funds obligated by this AGREEMENT, PROJECT SPONSOR shall submit a TFCA Final Report to the ALAMEDA CTC. The required content for the TFCA Final Report is identified in the TFCA Final Report Form referenced in Appendix G. SECTION II ALAMEDA CTC AGREES: 1. ALAMEDA CTC shall make a good faith effort to provide all ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT. 2. ALAMEDA CTC shall assist PROJECT SPONSOR when able, upon request and as necessary, in resolving issues related to the PROJECT. 3. ALAMEDA CTC shall provide a copy of its approved logo for PROJECT SPONSOR to use as required by this AGREEMENT. 4. ALAMEDA CTC shall provide notice to the PROJECT SPONSOR of any and all expenditures made by PROJECT SPONSOR, which are not in compliance with the AGREEMENT or the applicable ALAMEDA CTC ADMINISTERED FUNDS promptly after ALAMEDA CTC becomes aware of any such expenditures. 5. ALAMEDA CTC shall provide timely notice to PROJECT SPONSOR prior to conducting an audit of expenditures made by PROJECT SPONSOR to determine whether such expenditures are compliant with this AGREEMENT or the applicable ALAMEDA CTC ADMINISTERED FUNDS. SECTION III IT IS MUTUALLY AGREED AS FOLLOWS: Page 8 of 16 2021 PFA Version 14 Alameda CTC Agreement No. A23-0038 Project No. 1601000 1. That ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT may be shifted between the phases of the PROJECT or between activities in the same phase of the PROJECT, so long as each of the following occurs: 1) PROJECT SPONSOR submits a written amendment request that provides revised and updated Appendix A: Project Control Information forms documenting the requested funding obligation shift and demonstrating to ALAMEDA CTC's satisfaction that the phase or activity from which the funds were shifted remains fully funded, and 2) the parties execute an amendment to this AGREEMENT incorporating the revised and updated Appendix A forms as described above, which amendment shall be approved by ALAMEDA CTC pursuant to applicable ALAMEDA CTC policies. 2. ALAMEDA CTC and the PROJECT SPONSOR may jointly authorize an "Administrative Amendment" for any minor schedule revisions, deliverables, or budget revisions that do not increase the total ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT. Any change in the PROJECT scope of work must be approved by ALAMEDA CTC prior to implementation of the change by the PROJECT SPONSOR. Administrative amendment requests sent to ALAMEDA CTC must include a revised Appendix A: Project Control Information which reflects the requested changes by the PROJECT SPONSOR. 3. For the purposes of this AGREEMENT, (i) a "Contract" shall mean and refer to a third party agreement with the PROJECT SPONSOR for services related to PROJECT, including agreements with another public agency, consultant firm, contractor or entity; (Li) "PROJECT SPONSOR Staff' costs include costs for staff dedicated directly to project implementation, management, oversight, and/or project development and may include direct costs including contracted services, such as legal counsel, that are considered an extension of PROJECT SPONSOR Staff; (iii) "Capital" with respect to any Right -of -Way Capital phase shall mean and refer to the cost to acquire real property, access rights and other property interests; and (iv) "Agreement Expiration Date" shall mean and refer to the expiration date of this AGREEMENT. 4. Reimbursable costs will be limited to the costs shown in Appendix A: Project Control Information. Funds expended for work directly related to the phases of the PROJECT covered by this AGREEMENT prior to the applicable allowable start date identified in Appendix B: ALAMEDA CTC ADMINISTERED FUNDS Obligated by this AGREEMENT are ineligible for reimbursement pursuant to this AGREEMENT. ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are subject to fund availability and any new requirements and policies imposed by ALAMEDA CTC. The AGREEMENT shall be amended, as necessary, to reflect the applicable requirements. 5. If additional local, state or federal funding is obtained to partially offset ALAMEDA CTC ADMINISTERED FUNDS planned for the PROJECT, ALAMEDA CTC ADMINISTERED FUNDS will not be transferred from the PROJECT until after it is ensured that all phases of the PROJECT can be fully delivered. ALAMEDA CTC ADMINISTERED FUNDS offset by additional local, state or federal funding shall be available for PROJECT only after all other funding planned for PROJECT, as described in Appendix A: Project Control Information, has been committed and/or encumbered to the PROJECT. 6. Should any portion of PROJECT be financed with federal or state funds, all applicable laws, rules and policies relating to the use of such funds shall apply, notwithstanding other provisions of this AGREEMENT. Page 9 of 16 2021 PFA Version 15 Alameda CTC Agreement No. A23-0038 Project No. 1601000 7. For TFCA funds obligated by this AGREEMENT, this AGREEMENT is subject to the current BAAQMD-approved TFCA County Program Manager Fund Policies included in Appendix G: Transportation Fund for Clean Air Policies and Requirements and any new requirements imposed by the BAAQMD upon ALAMEDA CTC with respect to the TFCA funds distributed hereunder. ALAMEDA CTC will only distribute TFCA funds under this AGREEMENT to the extent the documented project costs are eligible under the applicable BAAQMD TFCA Policies. 8. The laws of the State of California shall govern this AGREEMENT. 9. All correspondence and communications will contain ALAMEDA CTC project number and name for PROJECT in a clearly identifiable location. For projects with TFCA funds obligated by this AGREEMENT, all correspondence and communications will also contain the TFCA project number as identified in Appendix G: Transportation Fund for Clean Air Policies and Requirements. 10. ALAMEDA CTC reserves the right to conduct technical and financial audits of PROJECT work and records when determined to be necessary or appropriate and PROJECT SPONSOR agrees, and shall require its contractors and subcontractors to agree, to cooperate with ALAMEDA CTC by making all appropriate and relevant PROJECT records promptly available for audit and copying. 11. PROJECT costs incurred by PROJECT SPONSOR are only eligible for reimbursement on a pro- rated basis unless specifically provided for in Appendix A: Project Control Information, and PROJECT SPONSOR is expected to concurrently seek reimbursement from the other sources shown in Project A: Project Control Information. Pro -rated basis, as used herein, equals the amount of ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT to a phase, divided by the total funding for the phase, as shown in Appendix A: Project Control Information. For any Request for Reimbursement which includes such expenditures, PROJECT SPONSOR shall (i) report the total expenditures during the reimbursement period, (ii) indicate the percentage of the total expenditures for the phase expected to be funded by ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT, and (iii) request reimbursement for the dollar amount which equals the product of such total expenditures and such percentage. 12. ALAMEDA CTC approval of PROJECT SPONSOR submitted Requests for Reimbursement will be contingent on the submittal of progress reports and deliverables by PROJECT SPONSOR as required by this AGREEMENT. In the event that progress reports and deliverables are not complete and current, approval of Requests for Reimbursement shall be withheld until an acceptable remedy has been implemented and approved by ALAMEDA CTC. If PROJECT SPONSOR fails to submit the required deliverables or otherwise fails to meet the reporting and invoicing requirements of this AGREEMENT, ALAMEDA CTC may deobligate funds from the PROJECT and this AGREEMENT. Not less than thirty (30) days prior to the effective date of any such action, ALAMEDA CTC will endeavor to notify PROJECT SPONSOR in writing that the required deliverables, invoicing and reporting is overdue. 13. Request for Reimbursements submitted after the Agreement Expiration Date identified in Appendix B: Alameda CTC Administered Funds Obligated by this AGREEMENT will be ineligible for reimbursement by ALAMEDA CTC unless an exception is requested by the PROJECT SPONSOR no less than sixty (60) days before the Agreement Expiration Date, and the exception is approved by ALAMEDA CTC. Page 10 of 16 2021 PFA Version 16 Alameda CTC Agreement No. A23-0038 Project No. 1601000 ALAMEDA CTC will deobligate any remaining ALAMEDA CTC ADMINISTERED FUNDS from PROJECT and this AGREEMENT. 14. Each Right -of -Way transaction which is funded either wholly or in part with ALAMEDA CTC ADMINISTERED FUNDS shall be subject to repayment or reimbursement to ALAMEDA CTC under ALAMEDA CTC Policies in effect as of the effective date of this AGREEMENT, irrespective of the party holding title to the real estate which is the subject of the Right -of -Way transaction in question. The parties agree that Section III.15(a) through Section III.15(f), the provisions of which are intended to provide further detail regarding the application of such Policies, shall govern the extent to which such repayment is required and the conditions applicable to any such repayment. If such Policies are amended after the effective date of this AGREEMENT by ALAMEDA CTC, the PROJECT SPONSOR and ALAMEDA CTC shall execute an amendment to this AGREEMENT which references the revised Policies. 15. For the purposes of the following provisions, "ALAMEDA CTC Share" shall mean the percentage share of the original property purchase price funded by ALAMEDA CTC ADMINISTERED FUNDS (i.e., if the purchase was fully funded by ALAMEDA CTC ADMINISTERED FUNDS, ALAMEDA CTC Share shall equal 100%); any appraisal required under Section III.15(a) and Section III.15(f) only, shall be conducted at no cost to ALAMEDA CTC; "Fair Market Value" of a given property shall mean the net proceeds from the sale of such property if such sale occurs in an open market transaction or by auction, or the value of the property determined by an independent third -party appraisal of the property if some or all of the property is retained by PROJECT SPONSOR or otherwise transferred to any other party without an auction or open market transaction; and "CPI" means the Consumer Price Index, All Items for All Urban Consumers, San Francisco - Oakland, San Jose, CA. a. If any property is acquired for the PROJECT using ALAMEDA CTC ADMINISTERED FUNDS to finance some or all of the acquisition, and the PROJECT is cancelled or otherwise does not begin construction within five (5) years after the effective date of AGREEMENT (as such deadline may be extended by agreement between the parties hereto), then PROJECT SPONSOR shall, within one (1) year after such cancellation decision or the expiration of such five (5) year period, reimburse ALAMEDA CTC for the greater of the following: ALAMEDA CTC Share of the property's Fair Market Value or the full amount of ALAMEDA CTC ADMINISTERED FUNDS used to acquire the property, as escalated by the increase in the CPI during the most recent period for which CPI data is available which is equal in length to the period between the date ALAMEDA CTC ADMINISTERED FUNDS were paid to PROJECT SPONSOR and the date reimbursement is made to ALAMEDA CTC. b. If any property is acquired for the PROJECT using ALAMEDA CTC ADMINISTERED FUNDS to finance some or all of the acquisition and only a portion of the acquired property is required for the PROJECT, and if the PROJECT begins construction within five (5) years after the effective date of this AGREEMENT (as such deadline may be extended by agreement between the parties hereto), then PROJECT SPONSOR shall, within one (1) year after PROJECT completion, reimburse ALAMEDA CTC for ALAMEDA CTC Share of the Fair Market Value of any property determined to be "excess property". Page 11 of 16 2021 PFA Version 17 Alameda CTC Agreement No. A23-0038 Project No. 1601000 c. If the PROJECT begins construction within five (5) years after the effective date of this AGREEMENT (as such deadline may be extended by agreement between the parties hereto), then except as provided in subparagraph (d) below, no reimbursement is due with respect to any property interest acquired for the project using ALAMEDA CTC ADMINISTERED FUNDS if the entirety of the acquired property is required for the PROJECT. d. If PROJECT SPONSOR anticipates receiving net revenues (i.e., rental or other income generated by the property, less reasonable costs for insurance, maintenance and related items) from any property acquired using ALAMEDA CTC ADMINISTERED FUNDS, PROJECT SPONSOR shall notify ALAMEDA CTC on how PROJECT SPONSOR will use such revenue to offset other project costs, and document such revenue separately in project reimbursement requests. e. If PROJECT is suspended, PROJECT SPONSOR shall pay all property management costs. f. Property that is required for the PROJECT and acquired wholly or in part with ALAMEDA CTC ADMINISTERED FUNDS shall be available for PROJECT construction within ten (10) years of ALAMEDA CTC reimbursement to the PROJECT SPONSOR. If, after ten (10) years, PROJECT has not been completed, PROJECT SPONSOR shall reimburse ALAMEDA CTC Share of the fair market value of the property, based on the net proceeds from the sale of the property or an appraisal of the property conducted at no cost to ALAMEDA CTC, within one (1) year after the expiration of this ten (10) year period. 16. If condemnation procedures are required to obtain possession to Right -of -Way, ALAMEDA CTC will consider the required deposit as an eligible cost and reimburse the PROJECT SPONSOR upon request. PROJECT SPONSOR shall submit documentation of the final order of condemnation settlement within ninety (90) days after the date of the court recording of the final order of condemnation. If the amount of ALAMEDA CTC reimbursement to the PROJECT SPONSOR is higher than ALAMEDA CTC Share of the amount of settlement in the final order of condemnation, the PROJECT SPONSOR shall pay ALAMEDA CTC the difference between the amount reimbursed and ALAMEDA CTC Share of the amount settled plus ALAMEDA CTC Share of the interest accrued to the deposit account within one (1) year of the final order of condemnation. 17. PROJECT SPONSOR shall not initiate condemnation of any property until full funding for the construction of the PROJECT has been secured. 18. Reimbursement to PROJECT SPONSOR by ALAMEDA CTC for PROJECT Right -of -Way is limited to the following (and net of any relocation payments provided by other sources): a. The cost to purchase all real property required for the PROJECT free and clear of liens and/or conflicting easements, including the costs for preparation of documents, negotiations and legal services. b. The cost of damages to owners of the remainder of real property not actually taken but injuriously affected by PROJECT. Page 12 of 16 18 Alameda CTC Agreement No. A23-0038 Project No. 1601000 c. The cost of relocation payments and services provided to owners and occupants pursuant to the appropriate State laws and regulations when the PROJECT displaces an individual, family, business, farm operation or nonprofit organization. d. The cost of demolition and/or the sale of all improvements on the right-of-way. Proceeds from the sale of any such improvements shall be credited to the PROJECT and used to offset PROJECT costs. e. The cost of all unavoidable utility relocation, protection or removal necessary for the completion of the PROJECT. f. The cost of all necessary hazardous material and hazardous waste treatment, encapsulation or removal and protective storage for which PROJECT SPONSOR accepts responsibility and where the actual generator cannot be identified and recovery made. 19. If PROJECT SPONSOR materially breaches this AGREEMENT, including but not limited to failing to deliver the PROJECT within the schedule defined by this AGREEMENT without compelling reason, failing to file required progress reports in the time specified by this AGREEMENT, or failing to comply with applicable regulations, ALAMEDA CTC may either terminate this AGREEMENT or suspend payments to PROJECT SPONSOR until such time as PROJECT SPONSOR makes reasonable efforts to comply with this AGREEMENT. 20. Neither ALAMEDA CTC, nor its governing body or any officer, consultant, or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by PROJECT SPONSOR in connection with the PROJECT. It is also understood and agreed, pursuant to Government Code Section 895.4, PROJECT SPONSOR shall fully defend, protect, indemnify and hold harmless ALAMEDA CTC, its governing body, and all its officers, employees, agents, representatives, and successors -in - interest, against any and all liability, loss, expense, including reasonable attorneys' fees, or claims for injury (as defined in Government Code Section 810.8) or damages occurring by reason of anything done or omitted to be done by PROJECT SPONSOR in connection with PROJECT, including the performance of the PROJECT or operation or use of the equipment that is subject to this AGREEMENT. If TFCA funds are obligated by this AGREEMENT, PROJECT SPONSOR shall also fully defend, protect, indemnify and hold harmless BAAQMD, its governing body, and all its officers, employees, agents, representatives, and successors -in -interest, from any liability imposed on BAAQMD for injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by PROJECT SPONSOR in connection with PROJECT. 21. Neither PROJECT SPONSOR, nor its governing body or any officer, consultant, or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by ALAMEDA CTC under or in connection with any work, authority or jurisdiction delegated to ALAMEDA CTC under this AGREEMENT. It is also understood and agreed, pursuant to Government Code Section 895.4, ALAMEDA CTC shall fully defend, protect, indemnify and hold harmless PROJECT SPONSOR, its governing body, and all its officers, employees, agents, representatives, and successors -in -interest, against any and all liability, loss, expense, including reasonable attorneys' fees, or claims for injury (as defined in Government Code Section 810.8) or damages occurring by reason of anything done or omitted to be done by Page 13 of 16 2021 PFA Version 19 Alameda CTC Agreement No. A23-0038 Project No. 1601000 ALAMEDA CTC in connection with PROJECT, including the performance of the PROJECT or operation or use of the equipment that is subject to this AGREEMENT. 22. Nothing in the provisions of this AGREEMENT is intended to create duties or obligations to or rights in third parties not party to this AGREEMENT This AGREEMENT gives no rights or benefits to anyone other than ALAMEDA CTC and PROJECT SPONSOR and has no third -party beneficiaries. 23. All legal actions by either party against the other arising from this AGREEMENT, or for the failure to perform in accordance with the applicable standard of care, or for any other cause of action, will be subject to the statutes of limitations of the State of California. 24. Should it become necessary to enforce the terms of this AGREEMENT, the prevailing party shall be entitled to recover reasonable expenses and attorney's fees from the other party. 25. This AGREEMENT shall terminate upon the Agreement Expiration Date identified in Appendix B: Funds Obligated by this AGREEMENT unless this AGREEMENT is extended by mutual agreement of the parties. Notwithstanding the foregoing, Sections I.7, L19, IIL20 and IIL21 shall survive the termination or expiration of this AGREEMENT. 26. This AGREEMENT, including its Recitals and Appendices, constitutes the entire AGREEMENT. This AGREEMENT may be changed only as allowed in Sections III.1 and Section III.2 of this AGREEMENT or by a written amendment executed by both parties. [Signatures on the next page] Page 14 of 16 2021 PFA Version 20 CITY OF DUBLIN (PROJECT SPONSOR) By: Linda Smith D'Ambrosio City Manager Date Alameda CTC Agreement No. A23-0038 Project No. 1601000 ALAMEDA COUNTY TRANSPORTATION COMMISSION (ALAMEDA CTC) By: Tess Lengyel Executive Director Recommended By: Gary Huisingh Deputy Executive Director of Capital Projects Reviewed as to Budget/Financial Controls: By: Patricia Reavey Deputy Executive Director of Finance and Administration Approved as to Legal Form: Approved as to Legal Form: By: John Bakker Legal Counsel to CITY OF DUBLIN By: Date Date Date Date Fennemore Wendel Date Legal Counsel to ALAMEDA CTC Page 15 of 16 2021 PFA Version 21 APPENDIX A: APPENDIX B: APPENDIX C: APPENDIX D: APPENDIX E: APPENDIX F: APPENDIX G: Alameda CTC Agreement No. A23-0038 Project No. 1601000 LIST OF APPENDICES PROJECT CONTROL INFORMATION Appendix A-1 Project Description Appendix A-2 Project Scope Detail by Phase Appendix A-3 Project Milestone Schedule Appendix A-4 Project Cost Estimate Summary by Phase and Fund Source Appendix A-5 Project Funding Summary by Phase and Reimbursement Ratio Appendix A-6 Project Phase Cost Detail ALAMEDA CTC ADMINISTERED FUNDS OBLIGATED BY THIS AGREEMENT ALAMEDA CTC REQUEST FOR REIMBURSEMENT AND REPORTING REQUIREMENTS LOCAL BUSINESS CONTRACT EQUITY PROGRAM REQUIREMENTS DELIVERABLES AND DUE DATES PROJECT PERFORMANCE MEASURES TRANSPORTATION FUND FOR CLEAN AIR POLICIES AND REQUIREMENTS Appendix G-1 Appendix G-2 Appendix G-3 Appendix G-4 TFCA Project Number and "Years of Effectiveness" BAAQMD-approved TFCA County Program Manager Fund Policies Minimum required insurance for TFCA-funded projects Reporting Forms to BAAQMD for TFCA-funded projects Note: Appendix G is only included and attached to this AGREEMENT if 11 CA funds are obligated and applicable to AGREEMENT. Page 16 of 16 2021 PFA Version 22 Atmendix Index Appendix A-1 Appendix A-2 Appendix A-3 Appendix A-4 Appendix A-5 Appendix A-6 Alameda CTC Agreement No. A23-0038 Project No. 1601000 APPENDIX A PROJECT CONTROL INFORMATION Project Description Project Scope Detail by Phase Project Milestone Schedule Project Cost Estimate Summary by Phase and Fund Source Project Funding Summary by Phase and Reimbursement Ratio Project Phase Cost Detail Appendix A — Page 1 23 Alameda CTC Agreement No. A23-0038 Project No. 1601000 APPENDIX A-1 PROJECT DESCRIPTION Project Description: This project will construct complete street improvements on Tassajara Road from North Dublin Ranch Drive to Quarry Lane School. The project will improve approximately '/2 mile of Tassajara Road to a four - lane arterial standard, with Class IV bike lanes, sidewalks, landscaped median, stormwater treatment areas, and other associated street improvements including pavement replacement, grinding/overlay, and cross slope correction operations, new pavement and striping. The project also includes bicycle and pedestrian improvements at the signalized intersections located within the project limit. It will provide improved facilities and connections to students traveling to Quarry Lane School, bus stops, the Wallis Ranch Community Park, Emerald Glen Park, EBRPD Tassajara Creek Regional Park, and Tassajara Creek Class I trail, and the Town Center PDA. Project Limits • Tassajara Road from North Dublin Ranch Drive to Quarry Lane School Appendix A — Page 2 24 Alameda CTC Agreement No. A23-0038 Project No. 1601000 APPENDIX A-2 PROJECT SCOPE DETAIL BY PHASE The ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are to support the project phase(s) identified and described below: CONSTRUCTION • Creation of Class IV bike lanes, sidewalks, landscaped median, and storm water treatment areas. • Improvements to pavement replacement, grinding/overlay, cross slope correction operation, new pavement, and striping • Improvements at signalized intersections Appendix A — Page 3 25 Alameda CTC Agreement No. A23-0038 Project No. 1601000 APPENDIX A-3 PROJECT MILESTONE SCHEDULE Phase/Milestone Construction Release Request for Proposal / Advertisement Contract Award Construction Activity Project Closeout Begin Mo/Yr) End (Mo/Yr 10/24 11/24 11/24 12/24 12/24 10/26 10/26 06/27 Appendix A — Page 4 26 Alameda CTC Agreement No. A23-0038 Project No. 1601000 APPENDIX A-4 PROJECT COST SUMMARY BY PHASE AND FUND SOURCE This Project Cost Summary provides a project funding plan for all Project phases, regardless if funded through ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT. PROJECT COST SUMMARY BY PHASE AND FUND SOURCE PHASE Construction Total Project Cost Alameda CTC Sponsor Administered Funds Funds 2014 Measure BB TFCA FY 23-24 Local Other TEP-44 Prog Mgr $872,00 $128,000 $10,971,000 $872,00 $128,000 $10,971,000 Total Funding $11,971,000 $11,971,000 Appendix A — Page 5 27 Alameda CTC Agreement No. A23-0038 Project No. 1601000 APPENDIX A-5 PROJECT FUNDING SUMMARY BY PHASE AND REIMBURSEMENT RATIO (Only Phases Funded with Alameda CTC Administered Funds) The ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are to support the project phase(s) identified and described below: r PHASE Construction Total Funding Notes: PROJECT FUNDING SUMMARY BY PHASE AND REIMBURSEMENT RATIO Alameda CTC Administered Funds Matching 2014 Measure BB TFCA Funds TEP-44 Prog Mgr $872,000 $128,000 $10,971,000 $872,000 $128,000 $10,971,000 Total Funding $11,971,000 $11,971,000 Reimbursement Ratio Percentage 8.35% • PROJECT SPONSOR shall be reimbursed eligible costs in the percentage of Total ALAMEDA CTC ADMINISTERED FUNDS to Total Funding per the Reimbursement Ratio Percentage for each phase. Each Alameda CTC Administered Fund amount identified is a not -to -exceed amount. The Reimbursement Ratio is defined as ALAMEDA CTC ADMINISTERED FUNDS divided by the Total Funding. Appendix A — Page 6 28 Alameda CTC Agreement No. A23-0038 Project No. 1601000 APPENDIX A-6 PROJECT PHASE COST DETAIL This Project Phase Cost Detail summarizes the total cost for each phase with ALAMEDA CTC ADMINISTERED FUNDS obligated in this AGREEMENT. 1 IPHASE COST DETAIL CONSTRUCTION Sponsor Staff/Labor Cost Contract(s)/Other Direct Cost Total Phase Cost (Staff + Contract Costs) 2014 Measure BB TFCA Matching TEP-44 Prog Mgr Funds $872,000 $128,000 $10,971,000 $872,000 $128,000 $10,971,000 Total Cost $- $11,971,000 $11,971,000 Notes: • Contracts funded with any combination of Measure B, Measure BB, Vehicle Registration Fee and local funds that do not contain State or federal funds are subject to Alameda CTC's Local Business Contract Equity Program (refer to Appendix D). Appendix A — Page 7 29 Alameda CTC Agreement No. A23-0038 Project No. 1601000 APPENDIX B ALAMEDA CTC ADMINISTERED FUNDS OBLIGATED BY THIS AGREEMENT The following Table B-1 identifies the ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT and establishes a unique allowable start date for each obligated fund source. TABLE B-1 FUNDS OBLIGATED BY THIS AGREEMENT AND ALLOWABLE START AND EXPENDITURE DEADLINE DATES Fund Fund Source Subset 2014 MBB TEP-44 TFCA Prog Mgr Allowable Start Date Expenditure Deadline Date The Agreement Expiration Date serves as the expenditure deadline date. Obligated Amount $872,000 7/1/2023 12/12/2025 $128,000 Total Alameda CTC Administered Funds Obligated by AGREEMENT: $1,000,000 Commission Phase Approval Date Construction 5/25/2023 7/1/2023 Construction 5/25/2023 Agreement Expiration Date: June 31, 2027 Notes: 1. ALAMEDA CTC reimbursement amounts by fund source for PROJECT shall not exceed the total amount obligated by this AGREEMENT, by fund source. 2. The Commission Approval Date is the date of the meeting at which the Commission approved the allocation. 3. The Allowable Start Date identified for each fund source is the earliest date at which costs eligible for reimbursement by the fund source indicated may be incurred. Any costs incurred on the PROJECT before this date will not be eligible for reimbursement under this AGREEMENT. 4. The Expenditure Deadline Date is the last date by which eligible reimbursable costs may be incurred. Any costs incurred on the PROJECT after this date will not be eligible for reimbursement under this AGREEMENT. 5. The Agreement Expiration Date shall mean and refer to the expiration date of this AGREEMENT. 6. For TFCA funds obligated by this agreement, the Expenditure Deadline Date in the above table is two (2) years from the date when ALAMEDA CTC first received funds from BAAQMD, unless an extended deadline is approved at the time of programming or an extension has been approved by the ALAMEDA CTC. An estimated deadline date is noted in the above table if at the time of this agreement the Alameda CTC has yet to receive funds from BAAQMD. Extended deadlines will be reflected in an amended Table B-1, once approved. 7. For TFCA funds obligated by this agreement, Alameda CTC may approve up to two one-year extensions to the Expenditure Deadline Date. Any additional extensions require approval from both ALAMEDA CTC and BAAQMD. The above table reflects the first 1-year extension to the TFCA Expenditure deadline from 12/12 2024 to 12/12/2025. Appendix B - Page 1 30 Alameda CTC Agreement No. A23-0038 Project No. 1601000 APPENDIX B (CONT.) Reimbursement of ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT shall be in accordance with the Drawdown Limitation Schedule below. TABLE B-2 ALAMEDA CTC ADMINISTERED FUNDS REIMBURSEMENT - DRAWDOWN LIMITATION SCHEDULE • No. Fiscal Year Quarter Fund Source 1 FY 24/25 Any TFCA 2 FY 24/25 Any 3 FY 25/26 Any 4 FY 26/27 Any 2014 MBB 2014 MBB 2014 MBB Drawdown Limitation Amount $128,000 Subtotal TFCA $400,000 $400,000 $72,000 Subtotal MBB Total TFCA and 2014 MBB Cumulative Drawdown Limitation Amount $128,000 $128,000 $400,000 $800,000 $72,000 $872,000 $1,000,000 Notes: 1. Fiscal Year (FY) begins July 1 and ends June 30. 2. Quarter 1 begins July 1 and ends September 30; Quarter 2 begins October 1 and ends December 31; Quarter 3 begins January 1 and ends March 31; and Quarter 4 begins April 1 and ends June 30. 3. ALAMEDA CTC shall endeavor to transmit payments to PROJECT SPONSOR following the receipt and approval of a complete Request for Reimbursement(s) submitted by the PROJECT SPONSOR. 4. Actual reimbursements from ALAMEDA CTC to the PROJECT SPONSOR shall not exceed the Cumulative Drawdown Limitation Amount without Alameda CTC's written approval. Any portion of a reimbursement request, which exceeds the applicable Cumulative Drawdown Limitation without such prior approval by ALAMEDA CTC shall be deferred until the following quarter or until sufficient capacity in the cumulative drawdown limitation amount is achieved. Appendix B - Page 2 31 Alameda CTC Agreement No. A23-0038 Project No. 1601000 APPENDIX C REQUEST FOR REIMBURSEMENT AND REPORTING REQUIREMENTS The below table establishes the required minimum frequency for Requests for Reimbursement and Progress Reports. Requests for Reimbursements and Progress Reports are required either monthly, quarterly, or semi-annually, as indicated below with an "X". REQUEST FOR REIMBURSEMENT AND PROGRESS REPORTING FREQUENCY AND DUE DATES Frequency Required (as checked) Minimum Frequency Monthly (once every month) Quarterly (once every 3 months) Period Covered Due Dates One month Quarter 1: 7/1— 9/30 Quarter 2: 10/1 — 12/31 Quarter 3: 1/1— 3/31 Quarter 4: 4/1— 6/30 Semi-annually Quarters 1 & 2: 7/1 — 12/31 (once every 6 months) Quarters 3 & 4: 1/1 — 6/30 Annually (11-iCA Annual Report) Final Request for Reimbursement Fiscal Year: 7/1 — 6/30 Any work period eligible under Appendix B. By 30 days following the end of billed activity By October 31st By January 31st By April 30th By July 31st By January 31st By July 31st By July 31st Must be submitted prior to the Agreement Expiration Date Notes: 1. For all projects, the maximum frequency for Requests for Reimbursement is one (1) per month. 2. If no costs were incurred during the reporting period, a progress report for the corresponding period is still required. 3. TFCA funding requires annual reporting to BAAQMD in addition to the minimum required frequency for Alameda CTC progress reports and invoices. 4. Requests for Reimbursement must be submitted prior to the Agreement Expiration Date in order to be eligible for reimbursement. REQUEST FOR REIMBURSEMENT AND REPORTING FORMS Any PROJECT SPONSOR awarded ALAMEDA CTC Administered Funds shall use the following forms included in the link below for progress reporting, final reporting, request for reimbursements, and requests for amendments to this funding agreement. Note that the format and required content of these forms is subject to change. List of Downloadable Forms: hops.//www.alamedactc.org/funding/reporting-and-grant-forms/ 1. Request for Reimbursement (RFR) Form 2. Alameda CTC Progress Report Form 3. Alameda CTC Final Report Form 4. Transportation Fund for Clean Air Program Reporting Forms (Interim and Final Report) 5. Amendment Request Form Appendix C — Page 1 32 Alameda CTC Agreement No. A23-0038 Project No. 1601000 APPENDIX D LOCAL BUSINESS CONTRACT EQUITY PROGRAM REQUIREMENTS As noted in Section I.14, PROJECT SPONSOR is obligated to comply with all applicable provisions of the Alameda CTC Local Business Contract Equity (LBCE) Program, incorporated herein by reference as if attached hereto. LBCE Program Substitution: The LBCE Program allows substitution of Alameda CTC's program if a sponsor agency's local preference program has been approved in writing by the Alameda CTC's LBCE Liaison Officer. This approval letter from Alameda CTC shall be attached as part of Appendix D. The following resources are available to guide Project Sponsors through the LBCE Program requirements for procurement and contracting processes: • Sample template language for professional and construction services is available from ALAMEDA CTC's website: https://www.alamedactc.org/get-involved/contract-equity • Prime and Subconsultant/Subcontractor Local Business Enterprise, Small Local Business Enterprise and Very Small Local Business Enterprise Utilization Form: https://www.alamedactc.org/get- involved /contracting -forms / • The LBCE Program Guidelines, available at the above link, includes a Project Sponsor Responsibility Checklist. Appendix B of the LBCE Program Guidelines identifies the Responsibilities of Sponsor Agencies. • Direct inquiries about the LBCE Program to ALAMEDA CTC's LBCE Liaison Officer: Seung Cho Director of Procurement and Information Technology Alameda County Transportation Commission Email: scho@alamedactc.org Phone: (510) 208-7472 Appendix D — Page 1 33 Alameda CTC Agreement No. A23-0038 Project No. 1601000 APPENDIX E DELIVERABLES AND DUE DATES Project Deliverables and Due Dates: The Deliverables and Due Dates table below shows deliverables and due dates, if any, for the phases listed in Appendix A-2 Project Phase Descriptions that contain ALAMEDA CTC ADMINISTERED FUNDS. Deliverables and Due Dates No. Description 1 Progress Report #1: July to December, 2023 3 Progress Report #2: January to June, 2024 4 FY 2023-24 TFCA Annual (Interim) Report to BAAQMD 5 Progress Report #3: July to December, 2024 (To include documentation of contract award) 6 Progress Report #4: January to June, 2025 7 FY 2024-25 TFCA Annual (Interim) Report to BAAQMD 8 Progress Report #5: July to December, 2025 9 Progress Report #6: January to June, 2026 10 FY 2025-26 TFCA Annual (Interim) Report to BAAQMD 11 Progress Report #6: July to December, 2026 12 Copy of Photos or resolution to confirm construction completion 13 Final Invoice 14 TFCA Final Report for BAAQMD (Report of include documentation of BAA,QMD logo use) 15 Final Report 1•17 Due Date to Alameda CTC January 31, 2024 July 31, 2024 July 31, 2024 January 31, 2025 July 31, 2025 July 31, 2025 January 31, 2026 July 31, 2026 July 31, 2026 January 31, 2027 By the Agreement Expiration Date By the Agreement Expiration Date Within 3 months of project completion, but no later than the Agreement Expiration Date By the Agreement Expiration Date Note: • Per Section III.19 of AGREEMENT, Alameda CTC may withhold payment of reimbursement requests until past due deliverables are received and approved. Appendix E — Page 1 34 Alameda CTC Agreement No. A23-0038 Project No. 1601000 APPENDIX F PROJECT PERFORMANCE MEASURES Project Performance Measures: The Project Performance Measures and Targets describes what outcome - based performance measure(s) the PROJECT SPONSOR plans to evaluate to ensure that the project/program is meeting its objectives. Appendix F is Not Applicable. Appendix F — Page 1 35 Alameda CTC Agreement No. A23-0038 Project No. 1601000 APPENDIX G TRANSPORTATION FUND FOR CLEAN AIR POLICIES AND REQUIREMENTS The contents of Appendix G are only included and attached to this AGREEMENT if 11-CA funds are obligated and applicable to AGREEMENT. Appendix Index Appendix G-1 Appendix G-2 Appendix G-3 Appendix G-4 TFCA Project Number and "Years of Effectiveness" BAAQMD-approved TFCA County Program Manager Fund Policies Minimum required insurance for TFCA-funded projects Reporting Forms to BAAQMD for TFCA-funded projects Appendix G — Page 1 36 Alameda CTC Agreement No. A23-0038 Project No. 1601000 APPENDIX G-1 TFCA PROJECT NUMBER AND "YEARS OF EFFECTIVENESS" The PROJECT's established TFCA Project Number is to be included on all PROJECT reports and invoices. The PROJECT's established period for TFCA "Years of Effectiveness" is used by Alameda CTC and BAAQMD to evaluate the cost effectiveness of the PROJECT and represents the minimum period of time PROJECT SPONSOR is to maintain and/or operate the PROJECT, per BAAQMD requirements. It is not intended to reflect the number of years a capital project is expected to last. TFCA Proiect Number: • 24ALA02 TFCA "Years of Effectiveness": • Seven (7) years Appendix G — Page 1 37 Alameda CTC Agreement No. A23-0038 Project No. 1601000 APPENDIX G-2 BAAQMD-APPROVED TFCA COUNTY PROGRAM MANAGER FUND POLICIES Projects awarded TFCA County Program Manager funding by Alameda CTC are to be consistent with the BAAQMD's Board -Adopted TFCA County Program Manager Fund Policies. The following policies apply to the BAAQMD TFCA County Program Manager funding awarded to PROJECT: • BAAQMD Board -Adopted 11- CA County Program Manager Fund Policies for FYE 2024 • These Policies are available for view and download from the Alameda OTC's website: httbs://www.alamedactc.or'/wbcontent/ubloads/2023/06/FYE24 11-CA CPM Policies clean MSC 20221 027.pdf Note: The above link provides a copy of Appendix D: Board Adopted 11fCA County Program Manager Fund Policies for FYE 2024 from BAAQMD's TFCA County Program Manager Fund Expenditure Plan Guidance, Fiscal Year Ending 2024. As incorporated into this AGREEMENT, (i) the term "Air District" in the policies shall be deemed to mean and refer to BAAQMD, (ii) "Program Manager" shall be deemed to mean and refer to ALAMEDA CTC, and (iii) "GRANTEE" shall be deemed to mean and refer to SPONSOR. Appendix G — Page 1 38 Alameda CTC Agreement No. A23-0038 Project No. 1601000 APPENDIX G-3 TFCA INSURANCE REQUIREMENTS [See Below and Attached] Note: The below Alameda CTC insurance requirements for TFCA projects are followed by a copy of BAAQMD's Insurance Guidelines, Appendix F of BAAQMD's TFCA County Program Manager Fund Expenditure Plan Guidance, Fiscal Year Ending (FYE) 2024. As incorporated into this Agreement, (i) the term "Air District" in the attached shall be deemed to mean and refer to BAAQMD, (ii) "County Program Manager" shall be deemed to mean and refer to ALAMEDA CTC, and (iii) "Grantee" shall be deemed to mean and refer to SPONSOR. INSURANCE REQUIREMENTS Verification of Coverage SPONSOR is required to provide certificates and/or other evidence of the required insurance coverage prior to the execution of a fund -transfer agreement and annually thereafter throughout and until project completion. Certificates, policies and other evidence provided shall specify that the ALAMEDA CTC and BAAQMD shall receive 30 days advanced notice of cancellation from the insurers. Additionally, SPONSOR is to require all professional services consultants, contractors and subcontractors involved with the PROJECT to name ALAMEDA CTC, its officers, employees and consultants as additional insured on all insurance required by SPONSOR for PROJECT. Minimum Scope of Insurance Throughout the Term of the AGREEMENT, SPONSOR shall obtain and maintain in full force and effect the Liability Insurance and Property Insurance as set forth below: 1. Liability Insurance: with a limit of not less than $1,000,000 per occurrence. Such insurance shall be of the type usual and customary to the business of SPONSOR, and to the operation of the vehicles, vessels, engines or equipment operated by Sponsor. 2. Property Insurance: in an amount of not less than the insurable value of SPONSOR's vehicles, vessels, engines or equipment funded under the Agreement, and covering all risks of loss, damage or destruction of such vehicles, vessels, engines or equipment. 3. Workers Compensation Insurance: As required by California law and employers' insurance with a limit not less than $1 million. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A: VII. The ALAMEDA CTC may, at its sole discretion, waive or alter this requirement or accept self-insurance in lieu of any required policy of insurance. Appendix G — Page 1 39 Alameda CTC Agreement No. A23-0038 Project No. 1601000 County Program Manager Fund Exnenditure Plan Guidance FYE 2024 Appendix F: Insurance Guidelines This appendix provides guidance on the insurance coverage and documentation typically required for TFCA County Program Manager Fund projects. Note that the Air District reserves the right to specify different types or levels of insurance in the Funding Agreement. The typical Funding Agreement requires that each Project Sponsor provide documentation showing that they meet the following requirements for each of their projects. The County Program Manager is not required to meet these requirements itself, unless it is acting as a Project Sponsor. 1. Liability Insurance: Corporations and Public Entities - a limit 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 operation of the vehicles, engines or equipment operated by the Project Sponsor. Single Vehicle Owners - a limit of not less than $750,000 per occurrence. Such insurance shall be of the type usual and customary to the business of the Project Sponsor, and to the operation of the vehicles, engines or equipment operated by the Project Sponsor. 2. Property Insurance: New Equipment Purchases - an amount of not less than the insurable value of Project Sponsor's vehicles, engines or equipment funded under this Agreement, and covering all risks of loss, damage or destruction of such vehicles, engines or equipment. Retrofit Proiects - 2003 model year vehicles or engines or newer in an amount of not less than the insurable value of Project Sponsor's vehicles, engines or equipment funded under this Agreement, and covering all risks of loss, damage or destruction of such vehicles, engines or equipment. 3. Workers Compensation Insurance: Construction proiects — including but not limited to bike/pedestrian paths, bike lanes, smart growth and vehicle infrastructure, as required by California law and employers' insurance with a limit not less than $1 million. 4. Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A: VII. 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. The following table lists the type of insurance coverage generally required for each project type. The requirements may differ in specific cases. County Program Managers should contact the Air District liaison with questions, especially about unusual projects. BAAQMD Transportation Fund for Clean Air — County Program Manager Page 28 Appendix G — Page 1 40 Alameda CTC Agreement No. A23-0038 Project No. 1601000 County Program Manager Fund Exnenditure Plan Guidance FYE 2024 Project Category Liability Property Workers Compensation Vehicle purchase and lease Engine retrofits Operation of shuttle services Operation of vanpools Construction of bike/pedestrian path or overpass Construction of bike lanes Construction of cycle tracks/separated bikeways Construction of smart growth/traffic calming projects Construction of vehicle fueling/charging infrastructure Arterial management/signal timing Purchase and installation of bicycle lockers and racks Transit marketing programs Ridesharing projects Bike Share projects Transit pass subsidy or commute incentives Guaranteed Ride Home Program X X BAAQMD Transportation Fund for Clean Air— County Program Manager Page 29 Appendix G — Page 1 41 Alameda CTC Agreement No. A23-0038 Project No. 1601000 APPENDIX G-4 REPORTING FORMS FOR TFCA-FUNDED PROJECTS TFCA Interim Report Form: The latest electronic version of the BAAQMD TFCA Interim Report form is available from the Alameda CTC's website at: https://www.alamedactc.org/funding/reporting-and-grant-forms/reimbursement-and- reporting-forms / TFCA Final Report Form: The latest electronic version of the BAAQMD TFCA Final Report forms are available from the Alameda CTC's website at: https://www.alamedactc.org/funding/reporting-and-grant-forms/reimbursement-and- reporting-forms / Note: There are four TFCA report form templates. Use the appropriate form, as follows: • Form 1 - Trip Reduction Projects, for shuttles/feeder bus operations, ridesharing and transportation demand management (TDM) programs, and Smart Growth projects • Form 2 - Alternative Fuel Vehicles, for all vehicle projects • Form 3 - Bicycle Projects, for bicycle lanes, bike sharing, lockers and racks • Form 4 - Arterial Management, for signal timing coordination and upgrades and transit signal priority (TSP) Appendix G — Page 1 42 Attachment 3 RESOLUTION NO. XX — 24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A PROJECT FUNDING AGREEMENT WITH THE TRI-VALLEY TRANSPORTATION COUNCIL FOR THE TASSAJARA ROAD IMPROVEMENTS — NORTH DUBLIN RANCH DRIVE TO QUARRY LANE SCHOOL PROJECT, CIP NO. ST0119 WHEREAS, the City of Dublin's five-year Capital Improvement Program 2024-2029 (CIP) includes the Tassajara Road Improvements — North Dublin Ranch Drive to Quarry Lane School project, CIP No. ST0119 ("Project"); and WHEREAS, the City of Dublin, as one of the members of the Tri-Valley Transportation Council ("TVTC"), is a signatory to the Joint Exercise of Powers Agreement pertaining to the Tri- Valley Transportation Development Fee ("TVTDF"); and WHEREAS, the City is the Project sponsor and requested a TVTDF funding allocation; and WHEREAS, the Project is identified on List C of the TVTC Strategic Expenditure Plan ("SEP") and is programmed for funding in the SEP Funding Plan; and WHEREAS, on October 16, 2023, TVTC approved the allocation of $1,450,000 of TVTDF funds for the Project (TVTC Resolution No. 2023-10); and WHEREAS, the Parties desire to enter into a Project Funding Agreement to outline the terms and obligations associated with the allocation of TVTDF funds. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the agreement with the Tri-Valley Transportation Council, attached hereto as Exhibit A to this Resolution. BE IT FURTHER RESOLVED that the City Manager or designee is authorized to execute Exhibit A, and make any necessary, non -substantive changes to Exhibit A to carry out the intent of this Resolution. {Signatures on the Following Page} Reso. No. XX-24, Item X.X, Adopted 07/16/2024 Page 1 of 2 43 PASSED, APPROVED AND ADOPTED this 16th day of July 2024, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Reso. No. XX-24, Item X.X, Adopted 07/16/2024 Page 2 of 2 44 Attachment 4 TRI-VALLEY TRANSPORTATION COUNCIL FUNDING AGREEMENT BETWEEN THE TRI-VALLEY TRANSPORTATION COUNCIL AND CITY OF DUBLIN FOR THE ALLOCATION OF TVTDF FUNDS IN THE AMOUNT OF $1,450,000 FOR THE CAMINO TASSAJARA/TASSAJARA ROAD WIDENING PROJECT — QUARRY LANE SCHOOL/WALLIS RANCH DRIVE TO NORTH DUBLIN RANCH DRIVE (PROJECT B.8B) This AGREEMENT is made and entered into as of , 2024 by and between the Tri-Valley Transportation Council and the City of Dublin (DUBLIN), collectively referred to herein as the "Parties." RECITALS A. WHEREAS, DUBLIN, as one of the members of the Tri-Valley Transportation Council ("TVTC"), is a signatory to the Joint Exercise of Powers Agreement pertaining to the Tri-Valley Transportation Development Fee ("TVTDF"); and B. WHEREAS, the Camino Tassajara/Tassajara Road Widening Project — Quarry Lane School/Wallis Ranch Drive to North Dublin Ranch Drive Project ("Project") is identified on List C of the TVTC Strategic Expenditure Plan ("SEP") and is programmed for funding in the SEP Funding Plan; and C. WHEREAS, DUBLIN is the Project sponsor and requested a TVTDF funding allocation; and D. WHEREAS, pursuant to Resolution No. 2023-10, TVTC approved the allocation of $1,450,000.00 of TVTDF funds to DUBIN for the Project; and E. WHEREAS, the Parties desire to enter into this Funding Agreement to outline the terms and obligations associated with the allocation of TVTDF funds; NOW, THEREFORE, THE PARTIES DO HEREBY AGREE AS FOLLOWS: 45 TRI-VALLEY TRANSPORTATION COUNCIL SECTION I TVTC AGREES: A. To allocate and transmit to DUBLIN $1,450,000.00 of TVTDF funds for the Project. DUBLIN AGREES: A. To utilize the TVTDF funds solely for the Project, in accordance with the SEP. B. To keep and maintain accurate documentation consistent with Generally Accepted Accounting Principles (GAAP) related to the expenditure of the TVTDF funds allocated for the Project. C. To make any and all documentation related to the Project's use of TVTDF funds available to TVTC or its representatives upon request. D. To promptly notify TVTC of any unspent TVTDF funds after Project completion and promptly return said funds to TVTC. SECTION II IT IS MUTUALLY AGREED: A. Any notice given under this Funding Agreement shall be in writing and shall be deemed given if delivered personally or mailed by registered or certified mail or commercial overnight courier, return receipt or confirmation of delivery requested, or by facsimile transmission with voice confirmation of receipt, the parties at the following addresses (or at such other address for a party as shall be specified by like notice): If to DUBLIN: Pratyush Bhatia, Transportation and Operations Manager City of Dublin Transportation Division 100 Civic Plaza Dublin, CA 94568 Pratvush.bhatia aadublin.ca.gov If to TVTC: Adam Cleary, Attention: TVTC Administrator Town of Danville 500 La Gonda Way Danville, CA 94526 aclearv(&dan ville. ca. qov SIGNATURES ON THE NEXT PAGE Tri-Valley Transportation Council 46 TRI-VALLEY TRANSPORTATION COUNCIL CITY OF DUBLIN A Municipal Corporation "DUBLIN" Linda Smith D'Ambrosio, City Manager APPROVED AS TO FORM: John Bakker, City Attorney ATTEST: Marsha Moore, City Clerk City Council Resolution No. TRI-VALLEY TRANSPORTATION COUNCIL Renee Morgan, Chair APPROVED AS TO FORM: Steven Mattas, TVTC Counsel ATTEST: Adam Cleary, TVTC Administrator Tri-Valley Transportation Council 47 Attachment 5 TRI-VALLEY TRANSPORTATION COUNCIL TRI-VALLEY TRANSPORTATION COUNCIL RESOLUTION NO. 2023-10 A RESOLUTION OF THE TRI-VALLEY TRANSPORTATION COUNCIL TO ALLOCATE $1,450,000 IN TRI-VALLEY TRANSPORTATION DEVELOPMENT FEE (TVTDF) FUNDS TO THE CITY OF DUBLIN FOR STRATEGIC EXPENDITURE PLAN PROJECT B-8B CAMINO TASSAJARA/TASSAJARA ROAD WIDENING PROJECT — QUARRY LANE SCHOOL/WALLIS RANCH DRIVE TO NORTH DUBLIN RANCH DRIVE FOR FY 2023-2024 WHEREAS, in 1995, the Tri-Valley Transportation Council (TVTC) adopted the "Tri-Valley Transportation Plan/Action Plan (TVTP/AP) for Routes of Regional Significance; and WHEREAS, in 1998, the TVTC, and the City of Dublin entered into a Joint Exercise Powers of Agreement (JEPA) to provide authority to collect a Tri-Valley Transportation Development Fee (TVTDF) to collect impact fees for the traffic mitigation to be applied to TVTC priority projects; and WHEREAS, on August 16, 2021 TVTC unanimously approved Resolution No. 2021-10 Adopting the Tri-Valley Transportation Council 2020 Nexus Fee Update Study; and WHEREAS, on April 18, 2022, the TVTC unanimously approved Resolution No 2022-07 Adopting the Strategic Expenditure Plan (SEP) Update and SEP Funding Plan, which guides the expenditure of revenue collected from TVTDF; and WHEREAS, the SEP identifies priorities, project sponsors, and funding for TVTDF projects; and WHEREAS, the 2022 Strategic Expenditure Plan Update programmed $1,450,000 in fiscal year 2023-24 for the Camino Tassajara/Tassajara Road Widening Project — Quarry Lane School/Wallis Ranch Drive to North Dublin Ranch Drive (Project B-8B); and WHEREAS, design of the Project is underway and is anticipated to start construction in 2024; and WHEREAS, the City of Dublin is the project sponsor and has requested project funding allocation. 48 TRI-VALLEY TRANSPORTATION COUNCIL NOW THEREFORE, the Tri-Valley Transportation Council resolves as follows: 1. The TVTC authorizes the TVTC Administrator and Treasurer to transmit $1,450,000 in funds from the TVTDF account to the City of Dublin, the project sponsor for the Camino Tassajara/Tassajara Road Widening Project — Quarry Lane School/Wallis Ranch Drive to North Dublin Ranch Drive (Project B-8B); 2. The TVTC approves the draft Funding Agreement between TVTC and the City of Dublin substantially in the form attached hereto and incorporated herein as Exhibit A, subject to final review and minor modification by TVTC's General Counsel, and authorizes the Chair to execute the Funding Agreement; 3. The TVTC authorizes any related activities necessary to further the intent of this resolution. PASSED, APPROVED AND ADOPTED at the meeting of October 16, 2023, by the following votes: AYES: TESTA, Andersen, Haubert, Perkins, Josey NOES: ABSENT: Kiick, Arnerich ABSTAIN: DocuSigned by: 17i9V7.ir Nf111 Jean Josey, Chair Tri-Valley Transportation Council ATTEST: ,-DocuSigned by: sat Sai Midididdi, TVTC Administrative Staff Tri-Valley Transportation Council 49 Attachment 6 CITY OF DUBLIN FISCAL YEAR 2024-25 BUDGET CHANGE FORM BUDGET INCREASE AMOUNT Account Amount ST0119 Tassajara Road Improvements Funding Sources st0119.2207 (36009610.49999) - (TFCA - Transfer In) st0119.2217 (36009610.49999) - (Measure BB Grants - Transfer In) st0119.2922 (36009610.49999) - (TVTC Grants - Transfer In) Expenses Ist0119.9400.9401 (Improvements) Transfers Out 22070010.89101 - (TFCA - Transfer Out) 22170010.89101 - (Measure BB Grants - Transfer Out) 29220010.89101 - (TVTC Grants - Transfer Out) Revenue Received 22070000.47301 - (TFCA - County Grants) 22170000.47301 - (Measure BB Grants - County Grants) 29220000.47305 - (TVTC Grants - Other Agency Grants) REASON FOR BUDGET CHANGE 128,000 872,000 1,450,000 $1,000,000 128,000 872,000 1,450,000 128,000 872,000 1,450,000 The City will receive grant funding of $872,000 in Measure BB funds and $128,000 in Transportation Fund for Clean Air (TFCA) funds from the Alameda County Transportation Commission (Alameda CTC) for the Tassajara Road Improvements Project ST0119, increasing the total project budget by $1,000,000 to a total of $15,000,000. Additionally The City will receive $1,450,000 of Tri-Valley Transportation Development Fee discretionary funds from the Tri-Valley Transportation Council (TVTC) for the Project. These TVTC funds were already included in the adopted Project budget, as Fund 9997 — Other. The budget change will recategorize and recognize the funding source as Fund 2922 - Tri-Valley Transportation Council Grants. As Presented at the City Council Meeting 7/16/2024 **********Finance Use Only********** Posted By: 50