Loading...
HomeMy WebLinkAboutReso 15-10 Landscape I-580RESOLUTION NO. 15 - 10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVAL OF FUND TRANSFER AGREEMENT BETWEEN ALAMEDA COUNTY CONGESTION MANAGEMENT AGENCY AND CITY OF DUBLIN FOR THE I-580 LANDSCAPE REPLACEMENT PROJECT WHEREAS, the Alameda County Congestion Management Agency (ACCMA), in collaboration with Caltrans, is currently constructing the eastbound High Occupancy Vehicle Lane Project in the existing median of Interstate 580 from Hacienda Drive to Greenville Road in Livermore; and WHEREAS, this project will necessitate the removal of existing landscape plants in the freeway median and eastbound shoulder, and these plants are required to be replaced with new plants within the project limits; and WHEREAS, the Cities of Dublin, Pleasanton and Livermore will receive the funding and responsibility for implementing the landscape replacements based on the quantity of landscape removal within the boundaries of each agency; and WHEREAS, a Memorandum of Understanding between the ACCMA and the Cities of Dublin, Pleasanton and Livermore was approved on May 20, 2008 to formalize an understanding between the agencies and provide a process of reimbursement for landscape replacement; and WHEREAS, to set the terms and conditions for reimbursement for landscape replacement, a Fund Transfer Agreement between the ACCMA and Dublin is required. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Fund Transfer Agreement between Alameda County Congestion Management Agency and City of Dublin for the I-580 Landscape Replacement Project, and authorize the City Manager to sign said Agreement (hereto attached as Exhibit A}. PASSED, APPROVED AND ADOPTED this 16t" day of February, 2010, by the following vote AYES: Councilmembers Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None N ~~"-~. Mayor ATTEST: -P ~~ ~~ City Clerk Reso No. 15-10, Adopted 2-16-10, Item 4.4 Page 1 of 1 i i ~ a-0 B09-003 RM 2 FUND TRANSFER AGREEMENT BETWEEN ALAMEDA COUNTY CONGESTION MANAGEMENT AGENCY AND CITY OF DUBLIN For the Eastbound I-580 Landscape Replacement Project in the Tri-Valley This RM2 Fund Transfer Agreement ("Agreement") is made and entered into as of , 2010, by and between the Alameda County Congestion Management Agency ("ACCMA"), and the City of Dublin ("SPONSOR"). RECITALS A. ACCMA in coordination with Caltrans proposes to construct eastbound high-occupancy vehicle (HOV) lanes in the existing median of I-580 corridor in the Tri-Valley ("I-580 EB HOV Project"). This project is listed as a high priority project in the Alameda Countywide Transportation Plan and as a strategic surface transportation improvement in the Regional Transportation Plan (2030) prepared by the Metropolitan Transportation Commission ("MTC"). B. ACCMA, SPONSOR, the City of Livermore, and the City of Pleasanton are parties to that certain Memorandum of Understanding dated March 27, 2008 for the Eastbound Interstate Highway 580 Landscape Replacement Project in the Tri-Valley ("MOU") with respect to the replacement of landscape plants that will be removed by the I-580 EB HOV Project (the "Landscape Replacement Project"). C. SPONSOR has agreed to implement the Landscape Replacement Project pursuant to the MOU within SPONSOR'S city limits. D. ACCMA has obtained Regional Measure 2 ("RMZ") funds for the Landscape Replacement Project through allocation decisions made by the MTC at ACCMA's request, and ACCMA has agreed to make a specified percentage of such funds available to SPONSOR as reimbursement for a portion of SPONSOR'S costs in implementing the Landscape Replacement Project. E. RM2 funds are subject to the policies and procedures set forth in Appendix A to MTC Resolution 3636 ("MTC Appendix A"). AGREEMENT NOW THEREFORE, the parties agree that the recitals are true and correct and further agree as follows: 1. PURPOSE OF AGREEMENT The purpose of this Agreement is to specify the terms and conditions for reimbursement between ACCMA and SPONSOR for the Landscape Replacement Project. EXHIBIT g ~~ «~, 2. SCOPE OF WORK SPONSOR agrees to perform, or engage one or more contractors to perform, the Landscape Replacement Project activities described below to the extent planned or performed within SPONSOR'S city limits: 1. To provide all necessary staff support to deliver the Landscape Replacement Project. 2. To be the lead agency with respect to NEPA and CEQA requirements for all landscape replacement work. 3. To implement landscape replacements at the North side of the Fallon Road/El Charro Road Interchange. 4. To provide environmental clearance documents, design package, and engineer's estimate for all landscape replacements. 5. To submit valid invoices for all landscape replacement work to ACCMA for reimbursement, up to the limit of funding available to SPONSOR pursuant to this Agreement. 3. ELIGIBLE COSTS: a) MTC is anticipated to program $922,386 in RM2 funds to ACCMA for the Landscape Replacement Project within the Tri-Valley. Pursuant to the MOU, 10% of the funds made available from RM2 for the Landscape Replacement Project, anticipated to be $92,239, shall be available to SPONSOR for construction costs only, as described in more detail in Appendix A, attached hereto and incorporated herein by this reference. 4. REIMBURSEMENT OF FUNDS The SPONSOR must submit to ACCMA at least one request for reimbursement under this Agreement each fiscal year until reimbursement is complete, and may submit multiple such requests no more frequently than once a month. The SPONSOR must complete the attached Appendix B, "Request for Reimbursement of Funds" and Appendix B-1, "Invoice by Sponsor and Consultant", and provide documentation of funds spent for each request. SPONSOR shall, for the duration of the Landscape Replacement Project and for four years following completion of the project, make available to ACCMA, MTC or to an independent auditor, all records relating to project performance and expenses incurred in implementing the project. SPONSOR shall require any consultant or contractor hired for the Landscape Replacement Project to similarly retain records related to such contract for a period of four years. Within 30 days after receiving reimbursement of an invoice from MTC under this Agreement, ACCMA shall forward such reimbursement amount to SPONSOR. Page 2 i3 Sao 5. MONITORING AND REPORTING REQUIREMENTS SPONSOR will submit written progress report with each invoice. This report is meant to update the project's scope, cost, and schedule, and shall be provided to MTC as part of ACCMA's progress reporting for the I-580 EB HOV Project. See Appendix C, "Sample Progress Report". Approval of SPONSOR'S invoices by MTC shall be contingent on the timely submittal of Progress Reports. In the event such Progress Reports are not complete and current, as determined by MTC, approval of invoices shall be withheld until an acceptable Progress Report is submitted. 6. COMPLIANCE WITH LAWS SPONSOR agrees to award and administer the contracts for the Landscape Replacement 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. SPONSOR further agrees to comply with all applicable provisions of MTC Appendix A, as it may be amended from time to time by MTC. 7. SIGNAGE SPONSOR shall post on both ends of the construction site(s) at least two signs visible to the public stating that the Landscape Replacement Project is funded with RM 2 and acknowledging ACCMA's participation. 8. INDEMNIFICATION SPONSOR shall indemnify, protect, defend and hold harmless ACCMA, the MTC, and their respective 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. ACCMA 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 ACCMA of its duties under this Agreement. 9. 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 employed, and that employees are treated during their employment without regard to their race, religion, sex, color or national origin. It is the policy of ACCMA 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 ACCMA's procurement and professional services activities. In connection with the performance of this Agreement, SPONSOR will cooperate with ACCMA in meeting these commitments and objectives. Page 3 Iw ~a 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). 10. AMENDMENTS Amendments to this Agreement, including modifications to the Landscape Replacement Project, will only be effective if they are made in writing and signed by both parties. 11. WAIVER No waiver of a breach, of failure of any condition, or of any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the parry waiving the breach, failure, right or remedy. No waiver of any breach, failure, right, or remedy shall be deemed a waiver of any other breach, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. Further, the failure of a party to enforce performance by the other party of any term, covenant, or condition of this Agreement, and the failure of a party to exercise any rights or remedies hereunder, shall be deemed a waiver or relinquishment by that party to enforce future performance of any such terms, covenants, or conditions, or to exercise any future rights or remedies. 12. TERM The term of this Agreement shall be from the date of this Agreement until the later of (i) SPONSOR's receipt of reimbursement for all eligible expenditures, subject to Section 3 above, and (ii) SPONSOR's submittal of all required post-project monitoring reports and/or within three years of the Agreement. ALAMEDA COUNTY CONGESTION MANAGEMENT AGENCY By: Name: Dennis R. Fay Title: Executive Director Date: Recommended for Approval: By: Name: John Hemiup Title: Project Manager Reviewed as to Budget/Financial Controls: By: Name: G. Richard Swanson CITY OF DUBLIN By: Name: Joni Pattillo Title: City Manager Date: Approved as to Form and Legality: By: Name: John Bakker Title: City Attorney Page 4 i~~~~ Title: Director of Finance and Administration Approved as to Form and Legality: By: Wendel, Rosen, Black & Dean LLP Legal Counsel to ACCMA Page 5 i6~~ APPENDIX A PROJECT DESCRIPTION Project Sponsor: City of Dublin Project Title: Eastbound I-580 Landscape Replacement Project in the Tri-Valley Project Description: PROJECT consists of replacement of landscape plants in the existing median of I-580 corridor in the Tri- Valley that will be removed by the I-580 EB HOV Lane project. RM2 ELIGIBLE COSTS shall consist of construction costs only for an amount not to exceed $92,239, which is 75% of the funds available for the Landscape Replacement Project. RM2 Not to Estimated Cost Exceed Total Cost Line Amount for (All Funds) Item Project Contract Description of eligible activity(ies) this Cost for this Cost No. Phase No. for this Cost Line Item Line Item Line Item 1 Construction Landscape replacements at the North $92,239 side of the Fallon/El Charro Road Interchan e Totals $92,239 17~~..~ APPENDIX B REQUEST FOR REIMBURSEMENT OF FUNDS SAMPLE FORM (Submit Requests on SPONSOR letterhead) Project SPONSOR: Project Title: RM2 Project: The Eastbound I-580 Landscape Replacement Project in the Tri-Valley Total RM2 funds programmed to the PROJECT: $ 92,239 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 ACCMA approval of reimbursement. Costs should be segregated by the Cost Line Items shown in Table A 1 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 RM2 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: Date: Attachments ~~ Print on Sponsor Letterhead APPENDIX C QUARTERLY PROJECT PROGRESS REPORT SAMPLE FORM Instructions in Italics ~~~~ Project Sponsor: Provide name of project sponsor. Project Title: Provide project title. . Agreement No. Provide agreement number. Project Description: Provide current project description including limits of workfor each facility involved in project. If no change from agreement or most recent amendment, provide statement confirming no change. STATUS: The status which the project is currently underway and the progress since the last report; major meetings and decisions on the project; any significant accomplishments; any setbacks to the project. The sponsor should note whether they anticipate any problems, and what area these problems exist in. EXPENDITURES TO DATE: These will be specified as expenditures since the prior reporting, and will include all funding sources including RM2. These will be cuff cient detail to determine that they are eligible expenses. SCHEDULE CHANGES: Any changes in the project schedule and the consequences of those changes, particularly related to the project costs. If the schedule has been modified, a revised schedule must be attached. COST CHANGES: All changes should be noted in the Progress Report; changes greater than 20% or $250, 000 dollars, whichever is less, must be accompanied by a detailed explanation of what options the sponsor has considered to manage the change, including but not limited to what savings can be realized elsewhere in the project to compensate for the change, and what the risks are to not funding the change. If costs have changed by more than $250, 000 or 20% whichever is greater, a revised funding plan and cash flow schedule must be attached. POTENTIAL CLAIMS: If RM2 funds are utilized for the construction phase of the project, then the sponsor must cert~ if there are any Notices of Potential Claim. If they exists, a summary of such notices as well as the likely costs or schedule impact shall be included. PROJECT SPECIFIC CONDITIONS: If the project specific conditions were approved as part of the allocation, the sponsor must address the status of meeting each condition. Print on Sponsor Letterhead PROJECT MILESTONE SCHEDULE: Date from Agreement or Current Schedule Date most recent Amendment (Mo/Yr) or Milestone (Mo/Yr) Actual Date (Mo/Dv/Yrl an~~ Report Prepared By: Provide name ofpreParer Date: Date owe ort