Loading...
HomeMy WebLinkAboutReso 22-09 Station Area Plan GrantRESOLUTION NO. 22-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A DRAFT FUNDING AGREEMENT FOR A STATION AREA PLANNING GRANT FOR AN AMOUNT NOT TO EXCEED $200,000 FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE DOWNTOWN DUBLIN SPECIFIC PLAN AND AUTHORIZING THE CITY MANAGER TO SIGN THE FINAL FUNDING AGREEMENT WHEREAS, the City Council Goals and Objectives includes as high priority goal the preparation of a General Plan Community Design Element, and the preparation of a comprehensive Downtown Dublin Specific Plan (DDSP) (with Design Guidelines) that combines the area of the existing Downtown Core Specific Plan, Dublin Downtown Specific Plan, West Dublin BART Specific Plan, and San Ramon Road Specific Plan into one comprehensive Specific Plan; and WHEREAS, the City of Dublin distributed a Request for Proposals to solicit a consultant to help prepare a General Plan Community Design Element and comprehensive Downtown Dublin Specific Plan; and WHEREAS, the City Council held a public meeting on March 20, 2007, and directed Staff to incorporate the Village Parkway Specific Plan area into the planning efforts for the future Downtown Dublin Specific Plan; and WHEREAS, the City of Dublin City Council has directed Staff to move projects expeditiously, and hire consultant firms when services are needed; and WHEREAS, tie City Council held a public meeting on June 19, 2007, and adopted Resolution 105-07 approving a Consulting Services Agreement with RBF/IJDS, to prepare a General Plan Community Design Element and Downtown Dublin Specific Plan; and WHEREAS, $272,200 was allocated in the Fiscal Year 2006/2007 budget for the contract; and WHEREAS, additional funds were allocated in the Fiscal Year 2007/2008 and Fiscal Year 2008/2009 budgets for completion of the contract; and WHEREAS, additional money was allocated in the Fiscal Year 2008/2009 budget to prepare an Environmental Impact Report and calibrate the City of Dublin Travel Forecasting Model; and WHEREAS, in June 2008 the City of Dublin was awarded a planning grant of up to $200,000 for the preparation of an Environmental Impact Report including calibration of the Travel Forecasting Model for the Downtown Dublin Specific Plan; and WHEREAS, the terms and conditions of the planning grant requires a 20% local match of funds; and Page 1 of 2 WHEREAS, the City must enter into a Funding Agreement (draft Funding Agreement attached as Exhibit A) with the Metropolitan Transportation Commission (MTC) which outlines the scope of work, the project budget and schedule, and the terms and conditions of the grant for the preparation of the Environmental Impact Report for the Downtown Dublin Specific Plan; and WHEREAS, the draft Funding Agreement is subject to change as it proceeds through the legal review process with the Metropolitan Transportation Commission; and WHEREAS, Staff recommends that the City Council approve the draft Funding Agreement in concept and authorize the City Manager to review and approve minor changes to the Agreement once the final Funding Agreement is provided to the City; and WHEREAS, the City must enter into a Funding Agreement with the Metropolitan Transportation Commission (MTC) before it can enter into a contract with a consultant to prepare the Environmental Impact Report for the Downtown Dublin Specific Plan; and WHEREAS, per the terms and conditions of the grant, the City is required to complete the Environmental Impact Report within 30 months of the start date of the project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve a draft Funding Agreement for the Station Area Planning Grant in the amount of up to $200,000 for the preparation of an Environmental Impact Report for the Downtown Dublin Specific Plan and authorizes the City Manager to review and approve minor changes to the Funding Agreement and to sign the final Funding Agreement. PASSED, APPROVED AND ADOPTED this 17t" day of February 2009 by the following vote: AYES: Councilmembers Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None ` „I / Mayor ATTEST: ~~ P~~- City Clerk Reso 22-09, Adopted 2-] 7-09, Item 8.3 Page 2 Of 2 -- , .,4,"RUI't)I.I)A.. J~..r,,h ll ll~„. \1.,~„t-...,,,.~ M T I,t ,, 11't> Il . , I It). 1~,1 I .~I.1~. i1,,,., 1,,1_LI,I,Lt ,,.1,.1~-1~„1, t t)\7\111111)\ II~1. ~1i1,.i1-.~-1H1 {-\\ X111 .~1':n-.n 111.Ii ~,. w.,i ~i.., . EXHIBIT A TO ATTACHMENT 1 . r Hiff 1lxGl, !.'rxrir •.~., r,.:..,..:..1 c :,:.. January 7, 2009 lrorr HgeGrity, I i~ r CI rir ~b,:,_.I, is ,,,_,. Joni Pattillo 7inu. lomnlnvri!. ,,.,:,,. ,,.: ~L.,.,:. City Manager .... L :,,.;,x,....;,,.,; City of Dublin 1nixfAin 100 Civic Plaza Dublin, CA 94583 »,„n ~. can RE: Funding Agreement for Dublin Plannins Grant „, Dear Ms. Pattillo: f)r.n•nr 11. Gimnpiai I . I,.. -,....~, . I I,,,:,.. ,,~_~.._ r a•,,,r n. f;r~rrr This letter is our Funding Agreement for the performance of station area planning ., ., r ._.. ~,,. ,, assistance ("the Agreement"). o,nr Ir rrnt.,rd ,..I I,-..4.1. :..:~ : ...~. ,',^,.,:in=r,. It is agreed that the City of Dublin (also refened.to as "RECIPIENT") will perform, or engage a consultant to perform, the project tasks. specified in Attachment A, ,,,r f<rnp<r, "~~'~' ' •~ ~ Scope of Work attached hereto and incorporated by tkis.reference. ~,er u„,kr„~;. Doug Johnson (herein "MTC Contrac~,Manager") shall be responsible for the jun Hnhin overall administration of the Agreement, including: approvingdeliverables and ~. I~,,.: "`"';' `""'" invoices. Day-to-day technical direction shall be provided by Justin Fried (herein :. "Project Manager"} or a designated representative. Jumer C ..\pr"eq L,r,"""~_ ".rirr Payment to RECIPIENT shall be due in the armounts indicated in Attachment B, Project ,,, ,rn-~ ~~-~^!~ Budget.and Schedule, upon acceptance by the Project Manager of the Project ,;r,,,,.,,~rr deliverables, described in detail in Attachment A. .„,nu, " '" ' ' ' ""' °' "" Payment shall be made within thirty (30) days after receipt by MTC of an acceptable ,,=rr Hr,ni„Kr= invdice, which shall`-be subject to the review and approval of MTC's Project Manager. I , ..: ,_ .,...,. . ,. » h7rn ,;, , ,, , , ,,, , ;,,, , ,, ~, ,,, „~^; RECIPIENT shall-deliver or mail invoices to MTC, as follows: :Inrlrr~ H. l~rrrr,i=r Accounting Department I,., ,, ~ , ,. ~,,,,,.. "" `' ' ~' "'"'"" Metropolitan Transportation Commission ,h=„~.,r ~,,,fi,t„n Joseph P. Bort MetroCenter u,..,~,.:., .II:.....,...:. 101 -- 8th Street Oakland, CA 94607-4700 MTC/City of Dublin Station Area Plan-Funding Agreement Page 2 Subject only to duly executed amendments, it is expressly understood and agreed that in no event will the total compensation to be paid under the Agreement exceed the sum of two hundred thousand dollars ($200,000). The Agreement is funded in whole, or in part, by Surface Transportation Program (STP) funds allocated to MTC by the Federal Highway Administration, funds from wh?~~ have been awarded to RECIPIENT by MTC, and the provisions in Attachment C, Terms;~ci Conditions, are hereby incorporated by reference. To the extent that they conflict with az~y'of above provisions, they ~;~. supersede such provisions. Performance will begin on February 1, 2009, and be coiripleted by September 3'0, 2Q11, unless MTC terminates this agreement earlier as provided. irt;;~rticle 3, Termination, of Atf~clx>~?e~t C. If you agree, please sign both copies of this letter in the sp;prbvided below and return one to us. The other copy is for your files Very truly yours„ Steve Henninger Executive Director SH: DJ: DR J:\CONTRACT\Contracts-New\CON Qpr~\F widiQgts?$~tUoP !area Plans\Template Station Area Plans 08-09.doc x~ Accosted and Agreezl tit; this ~ ~-day pf ,nary 2009. Joni Patti~'l~s, ,;,.,,, City ManageC~; qty of Dublin CC: Justin Fried;;#~s5ociation of Bay Area Goverments Mamie Waffle, City of Dublin MTC/City of Dublin Station Area Plan-Funding Agreement Page 3 ATTACHMENT A SCOPE OF WORK Downtown Dublin Specific Plan Environmental Impact Report TASK 1: PROJECT ORIENTATION AND DEFINITION, INITIAL STUDY, NOTICE Q~~~1PARATION, SLOPING MEETING AND TRAVEL DEMAND MODELING RECIPIENT, with professional consulting assistance, would identify a. ?raject dp~;~ription and coordinate a site visit. RECIPIENT, with professional consulting assistance, woult#; prepare' an Initial Stud's f~, the proposed project. The Initial Study would include a discussion of all topics identified iri.9eEiQ_ Ca[lfornia Environmental Quality Act (CEgA) checklist. The purport':=of the Initf~l Study would be tt~'rUs out" r.:- environmental topics that do not require additional analysis:: These tapirs would likely include mineral resources and agricultural resources. RECIPIENT, with professional consulting assistance, would prepare N~tace of Preparation {NOP) for City review along with a listing of agencies and grx~..to receive the NOP. RECIPIENT, with professional consulting assistance, would•q~'~~t~ize and attend a Scoping meeting for the proposed project in conjunction with the Notidr= of Pr~parati~iri` {iJOP). The professional consultant would provide notice of th.~f~ting meeting to apprpprate state,`i-egional and local agencies and attend the scoping session. A+~fdifior~l~;,,notice of the` Scoping meeting would be published in the local newspaper, posted iii three (3) [ac;~~ions throughout the City, and mailed to all property owner and tenants within 3Q0=few ~Qf the proposed Downtown. Dublin Specific Plan boundary as well as all participants and interes~e'~parties;~ssociated with thy'preparation of the Downtown Dublin Specific Plan. DelivP-~rble #lA. `~otripletlon of Project Description, Initial Study, Notice of Preparation and Scoping Me~ttng RECIPIE~?1~,,.with profession~C ;consulting assistance, would update the existing City of Dublin Travel Forecasting ~+Aodel, which is Based on the Contra Costa Transportation Authority (CCTA) 2030 model. The model }~ be used to assess the traffic impacts of land use alternatives on the transportation network and is ii~essary in,Grder to complete the transportation analysis section of the Environmental Impact Report Tfie,odef;i'equires update of the roadway network and land use data by Traffic Analysis Zone {TAZ) within tt~e: iowntown Dublin subarea. Amini-calibration of existing conditions will be performed using roadway and intersection count data provided by the City. Consultant will develop cumulative forecasts for No Project conditions and check for reasonableness, as well as forecasts for the Proposed Project and two Project Alternatives. The preparation of model development documentation will be included. Deliverable #18: Completion of Travel Demand Modeling MTC/City of Dublin Station Area Plan-Funding Agreement - Page 4 TASK 2: PREPARATION FOR ENVIRONMENTAL IMPACT REPORT RECIPIENT, with professional consulting assistance, would prepare an Environmental Impact Report (EIR) in compliance with the provisions of the California Environmental Quality Act (CECZA) and would prepare responses to comments received during the public review period, any associated Mitigation Reporting Plan, and Findings of Fact and Statements of Overriding Considerations as applicable. The preparation of the EIR would combine previous planning efforts undertaken by the City:; 4f Dublin including the Downtown Core Specific Plan, the West Dublin BART Specific Plan, the :Qowntown Specific Plan, the Village Parkway Specific Plan and the San Ramon Road Specific Plan. T-~e intent is to review these previous planning efforts and update the land uses included in each o#:'t~iese r~ulatory documents. The consolidated Downtown Dublin Specific Plan would also inclcrdie updatec~,.design standards and implementation strategies. The EIR would addresses, at a minirrit~m, t`l3e followirga~'~as: Geology/Soils -The EIR would include potential impacts ;vf soil erosion on nearby creels~nd drainage facilities during project construction and impacts re~f~d to seism9~ ground shaking 'acrd }~entially ground rupture. Based on the recently completed Sfiannoenter Init~tudy, there is an Aiist-Priolo Earthquake Safety Zone generally paralleling San Ramon Roan ~the£'Vtnrestern edge of the Specific Plan area). Additional geotechnical studies in or adjacent to the proje~t<--area may also be necessary. ':r~i: Biological Resources -The EIR would arial.;.~he project's short~eirn and long-term impacts on biological resources. Land Use Consistency and Compatibility-The EIR-would inttudeadiscussion of consistency with existing on-site land uses, surrount~,iuag,land uses and ckeisisteltty wrtli ~etleral Plan policies relating to the proposed Specific Plan. ~R~pifthe existing five#~~ downtown Sfecific Plans would also be discussed along with potential impacts due t~•Sruption of an existing community. ,. Toxics - An analysis o~ #za~rds aru~ hazardous materia-~-would be based on previous documentation provided by the City and ;;~ i~~wpers including but not limited to Phase I and Phase II Environm ~sessments. The Alar't'~sTty Fire Department would also be contacted to see if any.. ~` n cona ~n cases t in the project area. Of special concern for potential soil and/or grouwater contamir~#iQn are t~r~ ~esence of existing and historic auto dealerships, auto service ~tatfions and dry cleaners inai`i<e Specific PCari'area. Public Sew • s -The EIR wouFd`include a discussion of potential impacts of increasing density on police, fire, schoo ~i~ solid waste services that serve the City of Dublin. This would be done through r a` x~, contacting eai~ri~.he respective service providers and identifying specific mitigation measures. Cultural/Historic Resod -The EIR would include a discussion of impacts to historical, archeological and Native American resources on or near the project area. Since the proposed project will entail a General Plan Amendment, an SB 18 Native American Tribal consultation will also be completed. Population/Housing -The EIR would include potential impacts related to displacement of existing uses to allow for greater development intensity within the Specific Plan area. Recreation -The EIR would include possible impacts to existing and planned City parks in the general vicinity of the downtown project. MTC/City of Dublin Station Area Plan-Funding Agreement Page 5 Deliverable #2A: Analysis of Geology/Soils, Biological Resources, Land Use Consistency and Compatibility, Toxics, Public Services, Cultural/Historic Resources, Population/Housing and Recreation Transportation and Circulation -The EIR would include an assessment of the impacts of the Proposed Project, No Project, and up to two Project Alternatives for existing and cumulative conditions. The assessment of impacts will cover transit systems (bus and commuter rail), bikeways, pedestrians, the vehicle network and parking. In development of trip generation estimates, proximity to non-motorized transportation facilities, such as the BART Station, and characteristics off; aJtese facilities will be considered. Particular attention will be given to mitigating impacts thrgt#gi~ measures and strategies that help discourage vehicle use and maximize alternative modes of travel:' Air uali -The EIR would summarize existing state and federal air t~uality stands, including climate change and green house gases, the attainment area of the Bay Area tia terms of``~4Standards, and the presence of toxic "hot spots" within the project area. Impacts`are expected to ns~ude short-term construction impacts of the project, impacts related to demolition of existing buildings<ar~d project and cumulative increases in air quality contaminants. Appro#Jr3ate mitigation measures would t~ltaclutled. Noise/Vibration -The EIR would include a discussion of short term construction impacts on existing land uses within and surrounding the plan area and the potential foa-.increases in noise due to increases in development that could be allowed by d??. Specific Plan as well as-additions! project-related traffic associated with the Specific Plan. Other potential noise impacts could include construction noise impacts on other properties within and aci~ac4`tt~., he Specific Plan area as well as noise from stationary noise sources. ~; ~ y Hydroloev/Drainaee/Water C,lity/Sanitary Sewer System The~~iR would include potential impacts of surface water quality, store} t~~ir~age and flooding~E3ue to implerr>~entation of a new Specific Plan. This section would be based on discu~sFOrrs with the City o~,Dublin Public Works Department and Zone 7 staff regarding local and-anal drainage facilities. Major' ,drainage systems proposed in the Specific Plan would be assessed in the`~1R, The ~R.would also incluc~ea discussion of possible impacts to Dublin San Ramon Services District (D) tt~ spit district that provides water and wastewater services to the City of Dul~~_ ,adjacent areas:-:.Zone 7 wouid~also be contacted to identify any impacts to this special district A ' :tics -The EIR woufcfii3?elude a drsets,>asion of existing conditions within the downtown area and the commute as a whole baked on photos of existing typical conditions. The aesthetic qualities of y.:, surroun sites, potential i3tQckage of views caused by implementation of the proposed Specific Plan and anticipa~e~:lmprovementsfo the aesthetic qualities of the downtown area would also be discussed. Potential IigFit antfnglare impadts would also be addressed as applicable. Deliverable #2B: ;;J~nalysis Transportation and Circulation, Air Quality, Noise/Vibration, Hydrology/Drainage/YYater Quality/Sanitary Sewer System and Aesthetics Discussion of Growth Inducine and Cumulative Impacts -The EIR would address cumulative impacts of the project including a discussion of cumulative impacts when the project's incremental effect is considered cumulatively considerable. Discussion of Alternatives -The EIR would analyze up to three (3) alternatives which would be identified in conjunction with City staff. This could include the No Project alternative, alesser-intensive alternative and possibly an alternative with a differing mix of land uses. MTC/City of Dublin Station Area Plan-Funding Agreement Page 6 Mitigation Monitoring Plan - A Mitigation Monitoring Plan would be developed for planned buildout of the Specific Plan. Task 3: ADOPTION OF THE ENVIRONMENTAL IMPACT REPORT Draft Environmental Impact Report -The administrative draft of the EIR would be prepared and reviewed by City Staff. Following Staff review, the draft EIR would be rele~sd:for public review and comment. Deliverable #3A: Draft Environmental Impact Report RECIPIENT, with professional consulting assistance, would provide„not)ce of public~arings scheduled to review and certify the Environmental Impact Report (EIR) in compliance with the;:prpvisions of the California Environmental Quality Act (CEQA). 3.1 Planning Commission hearing on the Draft Environtal Impaca Report RECIPIENT and consultant team would present the draft Eriv~ronmental Impact Report at a public hearing before the Planning Commission. 3.2 City Council hearing on the Final Envir~rlmental Impact Report RECIPIENT and consultant team would present the Final' Enrae~mental Impact Report at a hearing before the City Council for certification. 3.3 Prepare final,~~rsion of Cai##~ed Environmental Impact Report ,= Z. ~.: RECIPIENT and consultas~si~am wc€~3[d make any final revisions or modifications to the Environmental Impact Report and preparea~campra~ad~~y,and,yaordinate printing of the documents. .. ~ , >• G.~,,. ,. . Delivet~bie #38 fes~a~'.~'rlvironmeniial Impact Report as adopted and certified by the City Council ATTAC>FIl~IENT B PROJECT BUDGET AND SCHEDi3EE Station Area Pig The following table provides the project budget by deliverable, including the local-match to be p~o~ided by the RECIPI MTC/City of Dublin Station Area Plan-Funding Agreement Page 2 ATTACHMENT C TERMS AND CONDITIONS 1. FUNDING Funding from DOT shall be contingent upon approval by the Federal Highway Administration (FHWA) of MTC's Overall Work Program ("OWP"). S,~I~DOT amend the OWP after the effective date of this Agreement to reduce the amount hvaila~ble STP funds, MTC will reduce RECIPIENT'S share of STP funds proportionate)=~ shall, after consultation with the RECIPIENT, amend the Scope of Work as necessary to, z~eflecf,reduced level of funding. 2. AMENDMENTS ~ ' ` Any changes in the activities to be performed~rtnder this Agreement shall corporated in written amendments, which shall specify the cl~s,in work ~rformed and any' al,ents i r1.!{ in compensation and schedule. All amendments shall' 1~'executed:-,the MTC Execu~ve Director or a designated representative and RECIPIENT a,c~irn for additional compensation or extension of time shall be recognized unless contained in`a clu,ly executed amendment. 3. TERMINATION MTC may terminate this Agreeme~t~witl~ut:~ause upon ten (l`Q~days prior written notice. If MTC terminates this Agreement v~ilhout catb?~ee>. ~ECIPIEN~`will be entitled to payment for costs incurred for incomplete delrverabl~~, ug t~~.lae,maximum amount payable for each deliverable. If RECII~IENT fails to perfor~ a~ specified"r~i-~iis Agreement, MTC may terminate this Agreem~t f3~r c by written notice and RECIPIENT will be entitled only to costs incurred for w~xh pr~~ducr acceptable to MTC, not to exceed the maximum amount payable under this Agreerrtdht<~pr such wink product. 4. RETENTION OF" C~?RI~~ &~~ agrees 1~ 7~ep all rewrds~}~ertaining to the project being funded for audit purposes for a miiu~ of three (~) years following final payment to RECIPIENT or four (4) yea~s,following the fiscal ~ ear ~~t the last expenditure under this Agreement, whichever is longer, in'a.clance with gener~fly, accepte~;~ccounting principles. Copies of RECIPIENT audits, if any, petf~rmed during thz~:arse of~roject development and at Project completion shall be forwardet#:,to,MTC no later#~an one hundred eighty (180) days after fiscal year end close. 5. AUDTif'S : ; .. RECIPIEi*1T''a~r~e`s to grant MTC, or any agency that provides MTC with funds for the Project, including bul':not limited to, the U.S. Department of Transportation, FHWA, the Comptroller Generale of the United States, the State, and their authorized representatives access to RECIPIENT'S books and records for the purpose of verifying that funds are properly accounted for and proceeds are expended in accordance with the terms of this Agreement. All documents shall be available for inspection during normal business hours at any time while the Project is underway and for the retention period specified in Article 4. RECIPIENT further agrees to include in all its third-party contracts hereunder a provision to the effect that the contractor agrees that MTC, the U.S. Department of Transportation, FHWA, the Comptroller General of the United States, the State, or any of their duly authorized MTC/City of Dublm Station Area Plan-Funding Agreement Page 3 representatives shall have access to and the right to examine any directly pertinent books, documents, papers, and records of such subcontractor, during normal business hours, for the term specified above. The term "contract" as used in this clause excludes agreements not exceeding $25,000. 6. LICENSE TO WORK PRODUCTS RECIPIENT hereby grants to MTC an irrevocable, non-exclusive, royalty-free license to use without restriction and share with any person or entity all drawings,s, specifications, manuals, reports, studies, surveys, models, software, source code andb'irce code documentation, documentation or system architecture, and any oth~;~ uments, materials, data, and products ("Work Products") developed, prepared, or asseml~~t;d b~IPIENT or RECIPIENT'S consultant(s) or its subconsultants pursuant to tl;~ Agreei~t., MTC may exercise their licenses to Work Products through sublicens~to a third party; v~thout the approval of RECIPIENT or RECIPIENT's consultant(s~~rr subconsultants. Flil~~, reserves a royalty-free, non-exclusive and irrevocable license t~~~eproduce, publish or other~r~se~use, and to authorize others to use, for federal government pu~ (a) the copyright in any work. ,-,, ~<~~~ developed under this Agreement; and (b) any rigl~its o~ayright to;t~hich RECIPIEN'1"`or RECIPIENT's consultant(s) or subconsultants purchase oe~ship under this Agreement. 7. EQUAL EMPLOYMENT OPPQ~t,~'UNITY In accordance with Title VI of the ~p~i~.;~ights Act, as amee,Ii (42 U.S.C. § 2000d); Section 303 of the Age Discrimination Acl~.~ ~~ amended (4~~;~. § 6102); Section 202 of the Americans with Disabilities Act of 1,0 (4~ ~ ~ 12132); ~d 49 U.S.C. § 5332 for FTA-funded projects, RECIPIENT agrees tha~-Eit wi~ofi,~~,t;e ~aunds of race, religious creed, color, national on m, a Kcal disabih ~ 1 ~' ``y ` g' gee ypl~ts' ty e~~s4~, discrimi>~~te or permit discrimination against any employee qtr°app~l"nt.for employmnt. 8. DISADVAI~'~`,tt~ED BUSINESS ENTERPI~,iS1S (DBE) It is the policy r3S~.TC and, the U.S. Departn3e~t of Transportation to ensure nondiscrimination in the a~v~rd.-and at~~i~~r~ataon=~f DOT-assisted contracts and to create a level ply '`~; ;, 'which disadvantaged brt~i~ess enterprises, as defined in 49 Code of ~,,: Fede egulation~__~t ~ 6, cart compete fairly for contracts and subcontracts relating to MTC's proqurement and profa~szot~<<1 tiervic~s activities. <<.RECIPIENT shad not ~iiscrui~`te on the basis of race, color, national origin or sex in the p~rmance of this A~ement..RECIPIENT shall carry out applicable requirements of 49 CFR Part`~?.zi the award acrd administration ofDOT-assisted contracts. Failure by RECIPIENT to carry out ~e requireme~s is a material breach of contract, which may result in the termination ofx;ab eem~nt or such other remedy as MTC deems appropriate. 9. TITLE VI O'~`I~ CIVIL RIGHTS ACT OF 1964 RECIPIEN'F~' agrees to comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (47 U.S.C. § 2000(d)) and the regulations of the Department of Transportation issued thereunder (49 CFR Part 21). 10. ACCESS REQUIREMENTS FOR INDIVIDUALS WITH DISABILITIES RECIPIENT agrees to comply with all applicable requirements of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. § 12101 et seq.; Section 504 of the Rehabilitation Act MTC/City of Dublin Station Area Plan-Funding Agreement Page 4 of 1973, as amended, 29 U.S.C. § 794; Section 16 of the Federal Transit Act, as amended, 49 U.S.C. § 5310(f); and their implementing regulations. 11. STATE ENERGY CONSERVATION PLAN RECIPIENT shall comply with all mandatory standards and policies relating to energy efficiency that are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. § 6321). 12. DEBARMENT RECIPIENT certifies that neither it, nor any of its participaz~~s,,;Pxincipals or subcontractors is or has been debarred, suspended, proposed for ~~barrrit, declared ineligible, or voluntarily excluded from covered transactions, as they are c~lined m ~4~CFR Part 29, by any Federal agency or department. - l 3. CLEAN AIR AND WATER POLLUTION ACi'S RECIPIENT agrees to comply with the ap~able requirements of all standards~ca~ers, or requirements issued under the Clean Air Act (42 iI:S~ § 750.1. Qi seq.), the Clean Ater Act (33 U.S.C. § 1251 et seg.), Executive Order 11738, and~Eri~irotriiental'Protection Agency regulations (40 CFR Part 15). 14. LOBBYING RECIPIENT agrees to comply with tlie'rir,#ions on the us~:o~:~deral funds for lobbying activities set forth in 31 United St~fes Co~~e"~~~~_~2 and 49 G.F.R. Part 20. 15. INDEMNIFICAT~Q~I ; ' ' RECIPIENT ~~'rnd~.fy and hold harinless MTC;~Caltrans, their Commissioners, +' Pp 1iRTg Directors, officers,, nts and eloyees from any. and all claims, demands, suits, loss, damages, injury and/or lia>~il~` .~ludmg '~Vy and all costs and expenses in connection therewith), incurred by reason of gh~~ ~r otherwise wrtatgful act or omission of RECIPIENT, its officers, directors, employ ~ gets ~z,ac~rs, or any of them, under or in connection with thts~A „v_ and ~ }ENT agree§`its own cost, expense and risk to defend any and all c~1,`is, actioris~'or otli ~ ; al proceedings brought or instituted against MTC, Caltrans, tll~e~ommissioners, lectors, o s, agents, and employees, or any of them, arising out of ~1~ct or omission, and may and ~~isfy any resulting judgments. 16. 1~TINGS RENT agrees~o invite the MTC Project Manager to participate in all meetings held in connection "v,~xhis project, including public meetings and project team meetings. 17. COMPLIAI~ WITH LAWS RECIPIENT' shall comply with any and all laws, statutes, ordinances, rules, regulations or requirements of the federal, state, or local government, and any agency thereof, including, but not limited to MTC, the U.S. DOT, FHWA, and Caltrans, which relate to or in any manner affect the performance of this Agreement. Those laws, statutes, ordinances, rules, regulations, and procedural requirements that are imposed on MTC as a recipient of federal or state funds are hereby in turn imposed on RECIPIENT (including, but not limited to, 49 CFR Part 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments"), and are herein incorporated by this reference and made a part hereof. MTC/City of Dublin Station Area Plan-Funding Agreement Page 5 18. IDENTIFICATION OF DOCUMENTS RECIPIENT will ensure that all documents related to the project including meeting notices and reports state that the project is funded through the Metropolitan Transportation Commission's Station Area Planning Program. In addition, RECIPIENT will ensure that all reports and other documents completed as part of this Agreement shall carry the following notation on the front cover or title page: "The preparation of this report has been financed in part by gran~p~n the U.S. Department of Transportation. The contents of this report do not neces~rily reflect the official views or policy of the U.S. Department of Transportation." ,.. , 19. SUBCONTRACTS RECIPIENT must include provisions of this Agreetri~nt, as apphca6 '`- odified only to show the articular contractual relationshi in an think= a ~~ ~` P p, y p rty contracts funde~;.~his Agreement. CONTRACT APPROVAL SHEET AGENCY` __ i- I MTC i ;NAME OF CONTRACTOR/CONSULTANT: ~ City of Dublin PROJECT TITLE:Downtown Dublin Specific Plan EIR Ori mal contract I-_ g~ _ _ Amend #1 C-- ____~ Amount Y _$200,000 .~ -` -- _..._ :W-~: ~ A roval b ED or PP Y ~ Committee (specify) I ~ PAC C~-__ ~ -----. _...~..___.._-......._.__.-_....__...... Committee Approval Date Attach most recent Committee memo - 6/11/2008 -_ -;~ _._........_ Funding Source/ Coding/Budget Item STP ~ j Amend #7 _--_ _-___ ................._._........._,-.:_........_._..._.....---_-.._......... Amend #3 WORK ITEM #: 1611 SOLE SOURCE: __ -~._.._._...._.._._...._.._...._. FISCAL YEARS 2008-10 -----~---~ Yes ^ No / NlA ^' If yes, attach sole source justification reviewed by OGC ,$ . _._._..._..---._. __.. _---_....._._.___..__ .._...__ ~ signed by mgr. J:\CONTRAC71Contracts-New1CON OS-09lFunding Agints\Station Area PIanslTemplate Station Area Plans 08-09.doc REVIE~T LIST Project Manager: Date: Section Director: Doug Johnson Doug Kimsey -Date: Contract Administration; Denise Rodrigues Date: IT Review: Date: Teri Green- /Valerie Campbell Office of the General Date: Counsel:.. Melanie J. MorganlCy>ithia Segal Deputy Date: Executive Director: Therese Mclklillan /Andrew Fretnier Deputy Date: Executive Director: Arin Flemer Finance Section: Date: Brian Mayhew Return to Contract Administration ' Includes DBE review for all federally-funded contracts. s IT review for information technology projects affecting MTC's network and computers. s IT review for information technology projects affecting BATA's network and computers. ° Reviews contracts from Planning, Programming & Allocations, and Legislation & Public Affairs. s Reviews contracts from Bridge Oversight & Operations and other BATA-funded contracts. 6 Reviews all contracts from all sections.