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HomeMy WebLinkAboutReso 38-09 Annual Street OverlayRESOLUTION N0.38- 09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AN AGREEMENT WITH THE ALAMEDA COUNTY CONGESTION MANAGEMENT AGENCY (CMA) FOR TRANSPORTATION IMPROVEMENT PROGRAM (TIP) FUND TRANSFER FOR THE CITY OF DUBLIN'S ANNUAL STREET OVERLAY PROGRAM WHEREAS, a procedural step in receiving CMA TIP funding for the City of Dublin Annual Street Overlay Capital Improvement Program the City of Dublin is to enter into an agreement with the Alameda County Congestion Management Agency (CMA); and WHEREAS, the agreement outlines the terms and conditions for reimbursement from the CMA to the City of Dublin with funds made available from the CMA TIP; and WHEREAS, the City is required to execute said Agreement in order to receive CMA TIP funding for the City of Dublin's Annual Overlay Capital Improvement Program Project; and WHEREAS, $289,000 in CMA TIP funding will be made available for the reimbursement of eligible costs related to the City of Dublin's Annual Street Overlay Capital Imprgveinent Program upon execution of said Agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby; approves the Agreement, attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreement. PASSED, APPROVED AND ADOPTED this 7th day of April, 2009, by the following vote: AYES: Councilmembers, Biddle, Hildenbrand, Scholz, and Mayor Sbranti NOES: None ABSENT: Councilmember Hart ABSTAIN: None y ,U,,~~, Mayor ATTEST: ~~ City Clerk Reso No. 38-09, Adopted 4-7-09, Item 4.7 Page 1 of 1 CMA Agreement No. B09-001 ALAMEDA COUNTY CONGESTION MANAGEMENT AGENCY CMA TRANSPORTATION IMPROVEMENT PROGRAM (CMA TIP) FUND TRANSFER AGREEMENT This AGREEMENT is made on ,between the Alameda County Congestion Management Agency (hereinafter "CMA"), and the City of Dublin (hereinafter "SPONSOR"). SECTION 1. PURPOSE OF AGREEMENT The purpose of this AGREEMENT is to specify the terms and conditions for reimbursement from the CMA to SPONSOR with funds made available from the CMA Transportation Improvement Program (hereinafter "CMA TIP"). SECTION 2. DESCRIPTION OF CMA TII' PROGRAMMING AND OF PROJECT The CMA has programmed $ 289,000 of the funds available from the CMA TIP for reimbursement of eligible costs (hereinafter "CMA TIP ELIGIBLE COSTS") related to the Amador Valley Boulevard Project (hereinafter "PROJECT"). The CMA TIP ELIGIBLE COSTS and PROJECT are described in more detail in Appendix A attached hereto and incorporated herein by this reference. A portion of the amount of CMA TIP funds programmed for the PROJECT is not currently available for reimbursement (hereinafter "DEFERRED PROGRAMMED AMOUNT"). The DEFERRED PROGRAMMED AMOUNT for the PROJECT is $ 156,000. The DEFERRED PROGRAMMED AMOUNT will become available after the CMA secures an exchange for the non-CMA TIP funds that are being exchanged to provide the DEFERRED PROGRAMMED AMOUNT. The exchange to provide the DEFERRED PROGRAMMED AMOUNT is not expected to be secured prior to fiscal year 2009/2010. The expected timeframe for the availability of the DEFERRED PROGRAMMED AMOUNT is reflected in the Cumulative CMA TIP Drawdown Limitations set forth in Table BI in Appendix B attached hereto and incorporated herein by this reference. SECTION 3. REIMBURSEMENT OF FUNDS The SPONSOR must submit to CMA at ]east one request for reimbursement under this Agreement each six month period until reimbursement is complete, and may submit multiple such requests no more frequently than once a month. The first six month period during which a request for reimbursement must be submitted shall begin on the first day of the month following the date on which this AGREEMENT is made on as shown above. If no CMA TIP ELIGIBLE COSTS are incurred during any six-month period, the SPONSOR shall submit an explanation in writing in lieu of a request for reimbursement to the CMA TIP Program Manager. The written explanation sha(I describe the circumstances such that no CMA TIP ELIGIBLE COSTS were incurred for the PROJECT. The effective date of eligibility for CMA TIP ELIGIBLE COSTS is shown in Appendix A. Costs incurred prior to the effective date of eligibility shown in Appendix A will not be eligible for reimbursement. The CMA TIP Drawdown Schedule and matching fund requirements are described in more detail in Appendix B. Actual CMA TIP reimbursements from CMA to SPONSOR by quarter shall not exceed the Cumulative CMA TIP Drawdown Limitations set forth in Table B 1 in Appendix B without written approval by the Executive Director of the CMA or a designee of the Executive Director. Any reimbursement request, or portion of a reimbursement request, which exceeds the applicable Cumulative Drawdown Limitation EXHIBIT ACCMA Fund Transfer Agreement No. CMA TIP Project No. 22-002 Amador Valley Blvd. between San Ramon Blvd. and east of Village Pkwy 3~~~ without such prior written approval, shall be deferred until the earliest subsequent quarter for which the Cumulative Drawdown Limitation shown in Table B 1 in Appendix B is sufficient to approve the request for reimbursement, or portion of a reimbursement request. The SPONSOR must complete a "Request for Reimbursement of Funds" including supporting documentation for costs incurred and listed in 'T'able Al in Appendix A. If the Estimated Total Cost for a Cost Line Item listed in Table Al in Appendix: A exceeds the CMA TIP Not to Exceed Amount listed in Table Al in Appendix A for the same Cost Line Item, supporting documentation shall be included for the total costs incurred for that Cost Line Item and shall indicate the amount of CMA TIP funding requested as reimbursement for that Cost Line Item. The amount of CMA TIP funding requested as reimbursement for a Cost Line Item listed in Table AI in Appendix A with an Estimated Total Cost which exceeds the CMA TIP Not to Exceed Amount listed in Table Al in Appendix A shall be in the same proportion to the total costs incurred for the Cost Line Item reflected on the request for reimbursement as the proportion of the CMA TIP Not to Exceed Amount to the Estimated Total Cost for the Cost Line Item as shown in Table AI in Appendix A. The supporting documentation shall segregate the costs for which reimbursements are being requested in a manner that indicates which Cost Line Item, as described in Table Al in Appendix A, specific costs shall be charged against. The supporting documentation shall clearly indicate both the total cost amount and the amount of CMA TIP costs for each cost Line Item shown in Table AI in AppendixA. If SPONSOR intends to request reimbursement from the CMA TIP for costs incurred as a result of a contract or agreement, SPONSOR shall submit a copy of each executed contract or agreement for which reimbursement will be requested. CMA will not approve any reimbursement for costs associated with a contract or agreement prior to receiving a copy of the executed contract or agreement. A sample form for the cover sheet to a request for reimbursement of funds is included in Appendix C. SECTION 4. DOCUMENTATION OF EXPENDITURES AND STATUS OF PROJECT SPONSOR will submit written reports to the CMA on a quarterly basis, commencing at the end of the first calendar quarter following the execution of this Agreement, which itemize I) the expenditure of funds on the PROJECT, 2) progress to date in the implementation of the PROJECT, and 3) projections of both expenditures and expected progress for the following quarter. A sample form for Quarterly Project Status Updates is included in Appendix D. If SPONSOR intends to request reimbursement for staff costs, SPONSOR is required to maintain employee time sheets documenting hourly labor costs incurred in the implementation of the PROJECT for which reimbursement is requested, or to establish an alternative method of documenting staff costs charged to the PROJECT for which reimbursement will be requested. Any alternative method of documenting staff costs must be approved in writing by the Executive Director of the CMA or a designee of the Executive Director. SPONSOR will, for the duration of the PROJECT and for three (3) years following completion of the PROJECT, make available to the CMA or to an independent auditor all records relating to PROJECT performance and expenses incurred in implementing the PROJECT. SECTION 5. LIMITATION OF COSTS AND COMPLIANCE WITH LAWS Reimbursement from CMA TIP funds for each Cost Line Item described in Table AI in Appendix A shall not exceed the C_MA TIP Not to Exceed amounts shown in Table AI in Appendix A. SPONSOR may submit a request in writing to CMA for approval to shift funds between Cost Line Items or to add or Page 2 ~i ACCMA Fund Transfer Agreement No. CMA TIP Project No. 22-002 Amador Valley Blvd. between San Ramon Blvd. and east of Village Pkwy replace Cost Line Items. Approval to shift funds between Cost Line Items or to add or replace Cost Line Items must be made in writing by the Executive Director of the CMA or a designee of the Executive Director. Any increase in the total amount of CMA TIP ELIGIBLE COSTS shall require an amendment to this AGREEMENT. Costs for SPONSOR's staff dedicated to project management or project development work will be eligible for reimbursement. Costs for SPONSOR's management and oversight staff, such as the General Manager, Executive Director, Deputy Directors, SPONSOR'S in-house counsel, and senior management staff, will be considered to be part of the SPONSOR'S overhead cost and will not be eligible for reimbursement. Costs for SPONSOR'S project managers in an oversight role, which are not reimbursable, are distinguished from costs for SPONSOR's staff performing project specific tasks, e.g. planning, engineering, etc. Costs for SPONSOR's staff engineers and planners performing project specific tasks are eligible for reimbursement. Reimbursement for SPONSOR staff costs may include amark-up of the hourly wage to allow the SPONSOR to recoup direct labor costs dedicated to the PROJECT. The mark-up should not exceed 50% of the hourly wage (i.e. marked-up rate equal to 1.5 times the hourly wage). If this rate does not allow the SPONSOR to recoup direct costs dedicated to t:he PROJECT, the SPONSOR may submit documentation for CMA's consideration and approval. Mark-up rates in excess of 50% of the hourly wage must be approved in writing by the Executive Director of the CMA or a designee of the Executive Director. SPONSOR agrees to award and administer the contracts for PROJECT in accordance with requirements of the Local Agency Public Construction Act, to the extent applicable, and the California Labor Code, including its prevailing wage provisions. SECTION 6. SIGNAGE SPONSOR will include language listing the Alameda County Congestion Management Agency as a co- sponsor or funding agency on all construction signs describing the PROJECT and on all written materials that describe the PROJECT and list sponsoring or funding agencies. SECTION 7. INDEMNIFICATION SPONSOR shall indemnify, protect, defend and hold harmless CMA, its officers, employees, agents, representatives, and successors-in-interest against any and all claims, suits or actions resulting from the negligent or reckless performance by SPONSOR of its duties under the Agreement. CMA shall indemnify, protect, defend and hold harmless SPONSOR, its officers, employees, agents, representatives, and successors-in-interest against any and all claims, suits or actions resulting from the negligent or reckless performance by CMA of its duties under this Agreement. SECTION 8. NONDISCRIMINATION During the performance of services under this Agreement, SPONSOR and all consultants paid with funds governed by this Agreement ("Consultants") shall not discriminate against any persons or group of persons on the grounds of race, religious creed, color, national origin, age, ancestry, physical disability, medical condition, marital status, sex, sexual orientation, Vietnam Era Veteran's status, political Affiliation or any other non-merit factor. SPONSOR will comply with all applicable provisions of Executive Order 11246 as amended by Executive Order 11375 and as supplemented by Department of Labor regulations. It is SPONSOR'S policy and practice to assure equal opportunity and to further ensure that applicants are Page 3 ACCMA Fund Transfer Agreement No. CMA TIP Project No. 22-002 Amador Valley Blvd. between San Ramon Blvd. and east of Village Pkwy It is the policy of CMA to ensure nondiscrimination in the award and administration of Federal and state assisted contracts and to create a level playing field on which disadvantaged business enterprises, as defined in 49 C.F.R. Part 26, can compete fairly for contracts and subcontracts relating to CMA's procurement and professional services activities. In connection with the performance of this Agreement, SPONSOR will cooperate with CMA in meeting these commitments and objectives. SPONSOR agrees to comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000 (d)) and the regulations of the Department of Transportation issued thereunder (49 C.F.R. Part 21). SECTION 9. AMENDMENTS Amendments to this Agreement, including modifications to the PROJECT, will only be effective if they are made in writing and signed by both parties. ALAMEDA COUNTY CONGESTION MANAGEMENT AGENCY By: Name: Dennis R. F Title: Executive Director Date: Recommended for Approval: By: Name: Nl a"TTFI e W 'T-t~1~ Title: Manager of Programming Reviewed as to Budget/Financial Controls By: Name: G. Richard Swanson Title: Director of Finance and Administration Approved a ~ o and legality By: Wende ,Rosen, Black & Dean LLP SPONSOR By: Name: Title: Date: Approved as to Form and Legality: Approved as to form and legality By: Counsel to CMA Legal Counsel to SPONSOR Page 4 ACCMA Fund Transfer Agreement No. CMA TIP Project No. 22-002 Amador Valley Blvd. between San Ramon Blvd. and east of Village Pkwy APPENDIX A PROJECT DESCRIPTION AND SCHEDULE Project Sponsor: City of Dublin Project Title: Amador Valley Boulevard between San Ramon Blvd. and east of Village Pkwy Project Description: PROJECT consists of the repair, resurface, and restriping of vehicle lanes and Class II bike lanes on Amador Valley Blvd. CMA TIP ELIGIBLE COSTS: CMA TIP ELIGIBLE COSTS shall consist of costs resulting directly from the eligible activities described in the "Cost Line Items" shown in Table A 1 below. The CMA TIP Not to Exceed Amounts shown in Table A 1 represent the maximum amount of CMA TIP funds available for reimbursement of costs resulting from the corresponding eligible activity or set of activities for the Cost Line Item indicated. The Estimated Total Cost (All Funds) shown in Table A 1 represents the estimated total costs for the corresponding eligible activity or set of activities for all fund sources contributing to those costs. The CMA TIP ELIGIBLE COSTS shall be segregated by Cost Line Item and Project Phase. If SPONSOR intends to request reimbursement for agency staff time, such costs shall be segregated into Cost Line Items in the appropriate phase which include only agency staff time. Miscellaneous and incidental costs may be combined on a single Cost Line Item in a given phase. Costs anticipated from contracts or agreements in excess of $5,000 for which reimbursement will be requested must be shown in Table Al on a separate Cost Line Item for each contract or agreement. If, at the time this AGREEMENT is executed, the number of contracts or agreements to be entered into for a particular phase is not known, Table Al will be revised in accordance with the provisions set forth in Section 5 of this AGREEMENT'. Table Al: CMA TIP ELIGIBLE COSTS Cost Line Item No. roject Phase escription of eligible activity{ies) for this Cost Line Item CMA TIP Not to Exceed Amount for this Cost Line Item Estimated Total Cost (All Funds) for this Cost Line Item 1 Con Construction Contract $ 289,000 $ 289;000 Totals $ 289,000 ~ 289,000 Page A-1 CMA TIP Fund Transfer Agreement No. CMA TIP Project No. 22-002 Amador Valley Blvd. between San Ramon Bivd. and east of Village Pkwy PROJECT Milestone Schedule: Appendix A (cor~ Milestone Scheduled Date (Mo/Yr) or Actual Date Mo/D /Yr Environmental Approvals CEQA Exempt NEPA NA Final PS&E February 2009 Right of Way Certification ~ NA Award Construction Contract Apri12009 Begin Construction Contract Work May 2009 Accept Construction Contract I August 2009 Effective Date of Eligibility for CMA TIP ELIGIBLE COSTS: CMA TIP ELIGIBLE COSTS incurred prior to reimbursement. March 1, 2009 will not be eligible for cmatip-agmt-dublin-22002-draftfinal-09022 ~jpo - v09- U01 Page A - 2 ACCMA Fund Transfer Agreement No. ~, f_ , CMA TIP Project No. 22-002 Amador Valley Blvd. between San Ramon Blvd. and east of Village Pkwy APPENDIX B CMA TIP DRAWDOWN SCHEDULE AND MATCHING FUND REQUIREMENTS Project Sponsor: City of Dublin Project Title: Amador Valley Boulevard between San Ramon Blvd. and east of Village Pkwy CMA TIP Drawdown Schedule: Actual CMA TIP reimbursements from CMA. to SPONSOR by quarter shall not exceed the Cumulative Drawdown Limitations set forth in the table below without written approval by the Executive Director of the CMA or a designee of the Executive Director. Any reimbursement request, or portion of a reimbursement request, which exceeds the applicable Cumulative Drawdown Limitation without such prior written approval, shall be deferred until the earliest subsequent quarter for which the Cumulative Drawdown Limitation shown in Table B 1 below is sufficient to approve the request for reimbursement, or portion of a reimbursement request. Table B1: Cumulative CMA TIP Drawdown Limitations Fiscal Year' Qtr i Quarterly CMA TIP Drawdown Amount (S x 1,000 Cumulative CMA TIP Drawdown Limitation $ x 1,000 07/08 4 75 75 08/09 1 58 133 08/09 2 0 133 08/09 3 0 133 08/09 4 0 133 09/10 1 78 211 09/10 2 78 289 Total 2g9 Fiscal Year 09/10 = 7/1/09 - 6/30/2010 ` Qtr l = 7/1 - 9/30; QTR 2 = ] 0/1 - 12/31; Qtr 3 = 1/1 - 3/31; and Qtr 4 = 4/1 - 6/30 Matching Fund Requirements: There are no matching fund requirements for the CMA TIP ELIGIBLE COSTS. Page A-1 CMA TIP Fund Transfer Agreement No. CMA TIP Project No. 22-002 Amador Valley Blvd. between San Ramon Blvd. and east of Village Pkwy APPENDIX C REQUEST FOR REIMBURSEMENT OF FUNDS COVER SHEET SAMPLE FORM (Submit Requests on SPONSOR letterhead) Project SPONSOR: _ City of Dublin Project Title: Amador Valley Blvd. between San Ramon Blvd. and east of Village Pkwy CMA TIP Project No: 22-002 Total CMA TIP funds programmed to the PROJECT: $ 289,000 Total of previous reimbursement requests: $ Balance available for this request: Amount of this Request *: * Supporting documentation must be submitted for expenditures to be reimbursed. Copies of executed contracts or agreements for which reimbursement is requested must be submitted prior to CMA approval of reimbursement. Costs should be segregated by the Cost Line Items shown in Table Al in Appendix A. If there are matching fund requirements stipulated in Appendix B, supporting documentation is required for both costs to be reimbursed by the CMA TIP and costs to be funded by matching :funds. To the best of my knowledge, the above information is true and correct and I am authorized to request this reimbursement of funds. Name & Title: Signature: Attachments Date: cmatip-agmt-dublin-22002-draftfinal-090225jpo - b09-001 Page C - 1 Print on Sponsor Letterhead APPENDIX D CMA TIP QUARTERLY PROJECT STATUS REPORT SAMPLE FORM Instructions in Italics Project Sponsor: Provide name of project sponsor. Project Title: Provide project title. CMA TIP Proj. No. Provide CMA TI1' project number from agreement. Project Description: Provide current project description including limits of work for each facility involved in project. If no change from agreement or most recent amendment, provide statement confirming no change. PROJECT STATUS: Provide a description of the progress to date in zhe implementation of the project. ACTIVITIES THIS QUARTER: Provide a description of project related activities which occurred during the quarter preceding this status report, including activities resulting in CMA TIP Eligible Costs. ACTIVITIES PLANNED FOR NEXT QUARTER: Provide a description of project related activities planned for the quarter following this status report, including activities expected to result in CNl~11'IP Eligible Costs. TOTAL PROJECT COSTS /CMA TIP ELIGIBLE COSTS: Provide a summary of total project costs incurred to date and list all funds sources used to cover those costs including CMA TIP. The summary of costs and funding should include subtotals for each phase. PROJECT MILESTONE SCHEDULE: Update the following Milestone Schedule from the CMA TIP Funding Agreement. Milestone Date from Agreement or most recent Amendment (Mo/Yr) Current Schedule Date (Mo/Yr) or Actual Date Mo/D /Yr) Environmental Approvals CEQA NEPA Final PS&E Right of Way Certification Advertise Construction Complete Construction Report Prepared By: Provide name ofz~reparer Date: Date of Report cmatip-agmt-dublin-22002-draft~nal-090?.2~jpo - ii09-001 Page D-1