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Home My WebLink About4.04 I580Tassaj ACSPA CI'TY CLERK #600-40 AGENDA STATEMENT CI'TY COUNCTL MEETZNG DATE: July 1.6,, 2002 SUBJECT: Agreement with Alameda County Surplus Property Authority for Local Fund Exchange for the I-580/Tassajara Road Interchange Improvements Project Report Prepared by: Lee S. Thompson, Public Works Director ATTACHMENTS: 1) Resolution approving Agreement with Alameda County Surplus Property Authority for the exchange of TEA-21 monies for 90% of equal Eastern Dublin Traffic Impact Fees 2) Agreement RECOMMENDATION~ ~ ~ Adopt Resolution approving agreement with the Alameda County Surplus Property Authority for Local Fund Exchange for the 1-580/Tassajara Road Interchange Improvements Project FINANCIAL STATEMENT: This Agreement will make available up to $3.0 million of Federal TEA-21 program funds for the 1-580/Tassajara Interchange Improvements Project which are currently allocated for the East Dublin BART Station Parking Garage Project. In return, Dublin agrees to pay the Alameda County Surplus Property Authority an amount equal to ninety percent (90%) of the federally approved amount, up to $2.7 million in local funds. Savings of up to $300,000 would be earmarked for the 1-580/Tassajara Road Interchange Improvements Project. DESCRIPTION: In February 20, 2001, the City Council approved the Local Funds Exchange Agreement with the Alameda County Congestion Management Agency (CMA) for the 1-580/Tassajara Road Interchange Improvements project. The CMA had approved $4.7 million in STIP funds for the 1-580/Tassajara Interchange Improvements project and, in exchange, the City- will pay the CMA $4.23 million of local funds, realizing a savings of $470,000. These monies were earmarked for the interchange project, thereby reducing developers' contributions. This would help to fund the present shortfall in the Eastern Dublin Traffic Impact Fee Program° The Alameda County Surplus Property Authority (Alameda County) has subsequently requested an exchange with the City of $3.0 million of Federal TEA-21 funds allocated for the East Dublin BART Parking Garage project with local funds programmed for the 1-580/Tassajara Road Interchange project. As part of this local fund exchange, the City will pay Alameda County an amount equal to 90% of the COPIES TO: pat Cashman, Alameda County SPA ITEM NO. 4_~ g: Imiscproj\580-Tassajara RoadM CSPA Local Fund Exchange Agrmt federally approved amount, up to $2.7 million in local funds. These local funds, which are not subject to federal requirements, will be used by Alameda County for the East Dublin BART Station Parking Garage project° In the case of the 1-580/Tassajara Road Interchange project, all federal requirements have been met, thus no additional work will be required as a result of this exchange. The local fund exchange had been approved by the CMA and the Metropolitan Transportation Commission, and approval by the Federal Highway Administration is pending. Staff recommends that the City Council adoPt the resolution approving the agreement with the Alameda County Surplus Property Authority for local fund exchange for the Interstate 580/Tassajara Road Interchange Improvements Project. Page 2 ~ ~'- RESOLUTION NO. -02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AGREEMENT WITH ALAMEDA COUNTY SURPLUS PROPERTY AUTHORITY FOR LOCAL FUND EXCHANGE FOR THE 1-580/TASSAJARA ROAD INTERCHANGE IMPROVEMENT PROJECT WHEREAS, the City of Dublin is currently constructing the 1-580/TasSajara Road Interchange Improvement project; and WHEREAS, in August 2000, the Council of the City of Dublin authorized Staff to pursue an exchange of funds for the interchange project and authorized the Director of Public Works to negotiate such exchange; and WHEREAS, the Alameda County Surplus Property Authority (Alameda County) requested an exchange with the City of Dublin of $3.0 million of federal TEA-21 funds allocated for the East Dublin BART Parking Garage project with local funds programmed for the interchange project; and WHEREAS, the City will pay Alameda County an amount equal to ninety percent (90%) of the federally approved amount as federal funds are received by Dublin, up to $2.7 million in local funds; and WHEREAS, these local funds, which are not subject to federal requirements, will be used by the Authority for the East Dublin BART Station Parking Garage project; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the agreement with the Alameda County Surplus Property Authority for local fund exchange for the 1-580/Tassajara Road Interchange Improvement Project. PASSED, APPROVED AND ADOPTED this 16th day of July, 2002. AYES: NOES: ABSENT: AB STAINING: Mayor ATTEST: City Clerk FUNDS EXCHANGE AGREEMENT This Funds Exchange Agreement is made as of ,2002, by and between the Alameda County surPlus Property Authority, a public body (the "Authority"), and the City of Dublin (the "City"), a municipal corporation. Recitals A. The Alameda County Congestion Management Agency ("CMA") has committed to the Authority $3,000,000 for a parking garage (the "Garage") to be constructed at the BART Dublin station (the "CMAQ/STP Funds"). B. The City has received, or is entitled to receive, funds from developers and/or landowners for construction of a Tassaj ara Road interchange with 1-580 (the "Interchange"), of which up to $2.7 million (the "Dublin Funds") will be available for exchange under this Agreement. Co To increase the amount of funds available for the Interchange and make those fundS available expeditiously, and to have funds ultimately available for the Garage which will not be subjected to requirements applicable to the CMAQ/STP Funds, the · Authority and the City propose, by this Agreement, to exchange the CMAQ/STP Funds and the Dublin Funds, so that the CMAQ/STP Funds will be available for the Interchange and the Dublin Funds will be available for the Garage. D. The CMA, on September 27, 2001, has consented to and approved this exchange. Covenants In light of the recitals above, and each hereby acknowledging receipt of consideration from the other, the Authority and the City agree as follows: 1. CMAQ/STP Funds. .. Subjectto section 4(b) below, the Authority hereby relinquishes and the City hereby accepts the Authority's rights to the CMAQ/STP funds, for the purpose of using the CMAQ/STP Funds to defray costs of the Interchange. The Authority shall cooperate with the City to the extent necessary for the City to receive the CMAQ/STP Funds, provided that the Authority shall not be liable to the City for any CMAQ/STP Funds which the City is not able to obtain or for any action by CMA, the Metropolitan Transportation Commission, Caltrans or any other third party. 2. Dublin Funds Subject to Section 4(b) below, the City will pay to the Authority the Dublin Funds, at the times and in the amounts specified in Section 4(a) below, for the purpose of using the Dublin Funds to defray costs of the Garage, on the condition that sufficient funds are 53§\05\147963.$ available to comPlete construction of the Garage~ If sufficient funds are not available, the City will pay to the Authority the Dublin Funds, at the times and in the amounts specified in Section 4(a), and the Authority may use the funds for any purpose, subject to applicable legal limitations and requirements of the CMA and the Metropolitan Transportation Commission, if any. 3o Authority's Responsibility for Interchange The Authority had accepted responsibility, prior to and without reference to this Agreement, for 38°94% of the estimated local cost of the Interchange~ representing a financial commitment of approximately $4,156,577o Use of the CMAQ/STP Funds will reduce the total local cost by up to $300,0009 and will therefore reduce by the same proportion the Authority's responsibility for the local cost of the Interchange, and the TIF credit to be received by the Authority, a reduction of up to $116,820. 4o Payment of Dublin Funds (a) The City shall pay the Dublin Funds to the Authority equal to ninety percent of the reimbursed amount received from Caltrans° The City shall not be required to pay the Authority any additional payments other than what is approved and reimbursed by Caltrans. The payments shall be made in installments and the first installment shall be paid not more than thirty (30) days after the City receives the first reimbursement payment for the exchanged CMAQ/STP funds from Caltrans. Subsequent installments shall be paid not more than thirty (30) days after the City receives each subsequent reimbursement payment from Caltrans with respect to the Interchange, until the Dublin Funds have been paid in fullo (b) If the City has not received all required third-party approvals for the funds exchange in the amount and as contemplated by this Agreement, including without limitation, approval from the Metropolitan Transportation Commission, if required, by July 31, 2002, then the City may, in its sole judgment, elect by notice to the Authority to rescind this Agreement and not proceed with exchange of the CMAQ/STP Funds and the Dublin Funds. 5. ' Indemnification of City Neither the City nor any officer, board member or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by the Authority in connection with this Agreement. It is also agreed that the Authority shall fully indemnifY and hold the City and its officers, board members and employees harmless from any liability imposed for injury or loss occurring by reason of anything done or omitted to be done by the Authority in connection with this Agreement and/or any claim related to or arising out of use of the Dublin Funds for construction of the Garage. 535\06\147963.3 6. Indemnification of Authority Neither the Authority nor any officer, board member or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by the City in connection with this Agreement. It is also agreed that the City shall fully indemnify and hold the Authority and its officers, board members and employees harmless form any liability imposed for injury or loss occurring by reason of anything done or omitted to be done by the City in connection with this Agreement and/or any claim related to or arising out of use of the CMAQ/STP Funds for construction of the Interchange. 7. Attorneys' Fees Should a lawsuit, action or proceeding be instituted regarding the enforcement and interpretation of any of the terms of this Agreement or any matter arising out of or related to this Agreement, the prevailing party shall be entitled to, in addition to any damages awarded, its reasonable attorneys' fees and all costs of the lawsuit, action or proceeding. 8. Assignment This Agreement may not be assigned, transferred, hypothecated or pledged by any party without the express written consent of the other party. This Agreement shall be binding upon any successors or assigns of the parties hereto. 9. Modification of Agreement This Agreement may be amended only by written agreement executed by both of the parties hereto. No alteration or variation of the terms of this Agreement shall be valid unless made in writing signed by both parties and no oral understanding or agreement not incorporated herein shall be binding on either of the parties hereto. 10. Governing Law This Agreement shall be interpreted under and governed by the laws of the State of California. 11. Entire Agreement This Agreement constitutes the entire Agreement between the parties hereto relating to the project and supersedes any previous agreement or understanding. 12. Counterparts This Agreement may be executed in counterparts. When each party has signed one or more counterparts, the counterp'arts together shall constitute one and the same complete agreement. 535\06\147963.3 13. Notices All notices given in connection with this Agreement shall be in writing, and shall be deemed properly given to the parties, effective on the date of delivery shown on the delivery reeeipL when: (i) mailed by certified mail, postage prepaid, return receipt requested; (ii) sent by express delivery service, charges prepaid, with a delivery receipt required; or (iii) personally delivered if a delivery receipt is obtained, to the following addresses: Authority: Alameda Property Surplus Property Authority 224 W. Winton Ave, Room 110 Hayward, CA 94544 Attn.: Manager City: City of Dublin 100 Civic Plaza Dublin, CA 94568 Attn: Director of Public Works ALAMEDA COUNTY SURPLUS CITY OF DUBLIN PROPERTY AUTHORITY By: Adolp~ql~rt'inefli ...... ~13y: Manager Mayor Attest: City Clerk Approved as to Form: City Attorney