HomeMy WebLinkAboutItem 4.05 I580/680AgmntLocalMtch AGENDA STATEMENT
CITY COUNCIL MEETING DATE:
CITY CLEKK
May 6, '1997
SUBJECT:
Agreement for Local Match - 1-580/I-680 Direct Connector Project
Report Prepared by: Lee S. Thompson, Public Works Director
EXHIBITS ATTACHED:
1 ) Resolution approving Local Match Agreement for the
I-580/I-680 Interchange Improvements
2) Local Match Agreement with the Alameda County
Transportation Authority (ACTA)
RECOMMENDATION:
Adopt Resolution approving agreement with ACTA for Local
Match Funding of the I-580/I-680 Direct Connector Project and
authorize Mayor to execute agreement for the City
FINANCIAL STATEMENT:
This agreement will formalize the City Council's previous financial
commitments of Dublin's local match funding for the 1-580/I-680
Direct Connector Project. The City's commitment is in the amount
of $2,043,560 to be paid through credit for in-lieu contributions and
monetary payments. It is anticipated that these obligations will be
collected from Developer Traffic Impact Fees, as well as credit for
already-acquired land and future improvement obligations.
DESCRIPTION: In 1986, voters in Alameda County approved Measure B, which
imposed a 1/2 cent increase in sales tax to fund specific transportation projects.
Because there were more demands on the funds than had been projected to be collected, some projects
were required to raise local matching funds. The 1-580/I-680 Direct Connector was one such project. The
lo-al matching share for this project was set at $10 million. Work done by EART in widening structu.~ :.--:
for the BART extension has been given a $4.4 million credit for local match Five local cities and twc.
counties have now agreed to contribute funds to complete the remainder of $10 million match.
Dublin will benefit from the new improvement in that the project will construct downtown freeway access
to 1-680, as well as relieve congestion on the 1-580/I-680 interchange, over which existing and future
Dublin residents will pass.
COPIES TO:
g:agenmisc\loclmtch
ITEM NO.
Dublin's share of the local match ($2,043,560) will be derived from the following sources:
1)
2)
Credit for the value of one property already acquired by the City;
Credit for the City agreeing to make future street improvements, if necessary, at Dublin Blvd. and
Amador Plaza Road;
3) BART mitigation monies; and
4) Traffic Impact Fees.
Construction of the I-580/I-680 Direct Connector project is proposed to begin late this calendar year.
Right-of-way negotiations are presently underway.
Staff recommends that the City Council approve the Resolution to enter into the Local Match Agreement.
Page 2
RESOLUTION NO. - 97
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING LOCAL MATCH AGREEMENT FOR
THE 1-580/I-680 INTERCHANGE IMPROVEMENTS
WHEREAS, the voters of Alameda County approved Measure B in 1986 to impose a 1/2 cent
sales tax increase to fund specific street and freeway improvement projects; and
WHEREAS, under Measure B, the Alameda County Transportation Authority has the
responsibility for ensuring that the funds raised from the increased sales tax are spent according to the
terms approved by the voters; and
WHEREAS, one of the projects to be constructed with Measure B funds is the improvement of the
1-580/I-680 Interchange originally estimated at a total cost of $54 million, of which $10 million was
designated to come from local sources; and
WHEREAS, the total estimated cost of the 1-580/I-680 Interchange has increased to $119.7
million with the local match requirement remaining at $10 million; and
WHEREAS, the town of Danville, the Cities of Dublin, Livermore, Pleasanton and San Ramon,
and Alameda County have previously contributed $491,700 of funds from local sources in order to
advance the construction of the west to north ramp from 1-580 to 1-680, secure Project right-of-way and
widen 1-580 between Hacienda and Santa Rita. Their respective contributions are listed as follows:
Alameda County $ 45,000
Danville 9,600
Dublin 111,700
Livermore 111,700
Pleasanton 203,70(',
San Ramon 10,000
WHEREAS, Bay Area Rapid Transit (BART) has previously contributed $3.9 million in
improvements in order to accommodate and make certain 1-580/1-680 Interchange improvements and
BART's contribution has been credited as local match against the total of $10 million local match
requirement; and
WHEREAS, the Town of Danville, the Cities of Dublin, Livermore, Pleasanton and San Ramon,
Alameda County and Contra Costa County have agreed that development within each of its jurisdictions
benefits from the proposed I-580/I-680 Interchange Improvements; and
WHEREAS, the Cities of Dublin, Livermore, Pleasanton and San Ramon, Alameda County and
Contra Costa County agree to participate in the payment of the remaining local match requirements by
contributing additional funds in the following amounts:
Alameda County $ 802,140
Contra Costa County 135,900
Dublin 2,043,560
Livermore 703,700
Pleasanton 1,563,000
San Ramon 300,006
WHEREAS, the Town of Danville, the Cities of Dublin, Livermore, Pleasanton and San Ramon,
Alameda County and Contra Costa County agree, in the same spirit of Tri-Valley cooperation, to
participate in seeking funding for transportation projects with the Th-Valley cities and counties by
exploring the adoption of traffic mitigation fees to help finance such sub-regional transportation projects.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby
resolve to pay an additional $2,043,560 of the $10 million local matching share required under Measure B
for the 1-580/I-680 Interchange to the Alameda County Transportation Authority.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby approve
the Local Match Agreement and the Mayor is directed to enter into a local match agreement with the
Alameda County Transportation Authority.
PASSED, APPROVED AND ADOPTED this 6th day of May, 1997.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
g:agenmiscXresomtch ( .:'!'-"
LOCAL MATCH AGREEMENT
THIS AGREEMENT, entered into on , 1999 is
between the CITY OF DUBLIN , referred to herein as "CITY"
and ALAMEDA COUNTY TRANSPORTATION AUTHORITY, referred to herein
as "AUTHORITY."
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 on November 4,
1986, thereby authorizing a sales tax increase to finance a major
transportation improvement program within Alameda County and the
AUTHORITY was thereby created to administer that Program.
B. The Alameda County Transportation Expenditure Plan,
approved by voters, proposes funding for modification of the 1-
580/680 Interchange, referred to herein as "PROJECT", with
Measure B funds. The total estimated cost of this work is $119.7
million, of which at least $10 million is required by Measure B
to come from local sources.
C. The Town of Danville, the Cities of Dublin, Livermore,
Pleasanton and San Ramon, Alameda County and Bay Area Rapid
Transit District (BART) have previously contributed a portion of
the $10 million local share of this Project in order to advance
design and construction of the west to north ramp from 1-580 to
1-680, secure Project right-of-way, construct the Hopyard Road
overcrossing and widen 1-580 between Hacienda and Santa Rita
Road. CITY has previously contributed $ 111,700 of this
local share.
D. Under Measure B, each project has a SPONSOR with
primary responsibility for completion of project planning and
environmental documentation. SPONSOR also provides review and
approval of detailed project plans, specifications and estimates;
and, additionally, SPONSOR can also provide the AUTHORITY with
direct design and construction administration services. The
SPONSOR for the 1-580/680 Interchange is the California
Department of Transportation (Caltrans). SPONSOR completed its
environmental review for the Project in 1996. It is anticipated
that SPONSOR will provide construction administration services
for the PROJECT.
E. AUTHORITY has entered into an agreement with URS
Greiner Inc., referred to herein as '~CONSULTANT", to perform
design and right-of-way engineering services. It is anticipated
that final design work will be completed in 1997.
2
F. CITY and AUTHORITY desire to specify herein the terms
and conditions under which the PROJECT is to be financed and
local match allocated to the participating jurisdictions.
CITY AGREES:
SECTION I
(1) In addition to the sum of $ 111,700 previously paid
to the AUTHORITY as described in Recital C above, CITY shall pay
to AUTHORITY a sum not to exceed $2,043,560 for the PROJECT for
project right-of-way and construction costs for PROJECT as its
share of local matching funds. Any increase in this amount will
require prior CITY approval in writing. CITY agrees that it shall
pay~its share of local matching funds in the form of contributed
property, cash and/or credit for project-related expenditures
which are consistent with AUTHORITY's Policy on Reimbursement or
Credit attached to the Agreement as Exhibit B. Any cash
contributed by CITY as a part of its local matching funds shall
conform to AUTHORITY's Policy Regarding Use of State and Federal
Funds as Local Match attached to the Agreement as Exhibit C.
(2) CITY shall disburse funds to AUTHORITY in a timely
manner pursuant to the Payment Schedule attached to this
Agreement as Exhibit A.
(3) CITY agrees that it will cooperate with AUTHORITY in
seeking additional sources of funding for the PROJECT. However,
CITY shall not be obligated to secure additional funding and
CITY's financial obligation under this Agreement shall be limited
to the amount set forth in paragraph (1) of this Section.
(4) The amount of local match credited for contributed
property shall be based upon the appraised value of the real
property which value shall not be adjusted for Hazardous
Materials or any other factor affecting the value of the
property. CITY shall be solely responsible for all costs related
to Hazardous Materials on the contributed property for which it
receives local match credit, including but not limited to the
investigation and remediation of any Hazardous Materials on the
contributed property and cost of defense of all claims related
thereto. CITY shall submit such real property appraisals
required by the AUTHORITY to determine the appraised value of all
contributed property it contributes. The amount credited for
contributed property shall be subject to final appraisals and
approval by the governing bodies of CITY and AUTHORITY.
(5) CITY shall grant a construction easement or Right-of-
Entry document satisfactory to the AUTHORITY and Caltrans to
comply with and satisfy CITY's contribution of property. Said
easement or Right-of-Entry shall become effective upon the date
of construction contract award for the work on this property and
4
shall remain in force until the PROJECT is complete. The CITY
will have the ability, but not the obligation, to remove any
improvements prior to contract award. CITY will continue to hold
title after the PROJECT has been completed and City assumes
maintenance of the improvements on the property. If Caltrans
requires title to all or any portion of the contributed property,
the CITY shall execute such document satisfactory to Caltrans to
transfer title to Caltrans.
AUTHORITY AGREES:
SECTION II
(!) AUTHORITY will enter into all contractual arrangements
with SPONSOR and CONSULTANT to complete the PROJECT. AUTHORITY
may arrange for performance of all work by SPONSOR or may elect
to contract for professional and/or construction services.
(2) AUTHORITY will provide CITY with quarterly reports on
or before the fifteenth day of each calendar quarter (March 15,
June 15, September 15 and December 15). These reports (,,Progress
Reports") shall describe the current status of the PROJECT,
actions and costs expended or incurred during the previous three
months,' actions expected to be taken and costs projected to be
expended during the next three months, any unexpected legal,
environmental, engineering or construction difficulties with
5
PROJECT, any projected changes and any additional relevant
information.
(3) AUTHORITY will bill CITY on a timely basis for its
share of the local match at least 30 days in advance of the date
that payment is due under Exhibit A, Payment Schedule.
(4) AUTHORITY agrees to make available Measure B Funds to
pay for the costs of the PROJECT up to the amount of, and
AUTHORITY's total maximum obligation under this Agreement is,
$109,700,000 ("Total Obligation"). The Total Obligation may be
increased to cover costs in excess of the initial estimated
Project Costs, provided that such increase in Total Obligation is
approved by a vote of the AUTHORITY in its sole discretion. The
certified results of any such vote will be incorporated by
reference into this Agreement without necessity of a written
amendment.
SECTION III
IT IS MUTUALLY AGREED TO AS FOLLOWS:
(1) Ail obligations of AUTHORITY under the terms of this
Agreement are limited as provided in the Alameda County
Transportation Expenditure Plan dated August, 1986. In
accordance with this Expenditure Plan, total cost to the
AUTHORITY for the entire Project may not exceed $119.7 million,
6
including local matching funds. Ail obligations of AUTHORITY
under the terms of this Agreement are subject to the availability
of funds in the annual budget of the AUTHORITY pursuant to Public
Utilities Code Section 131265 and 131266.
(2) Neither AUTHORITY nor any officer or employee thereof
shall be responsible for any damage or liability occurring by
reason of anything done or omitted to be done by CITY in
connection with the PROJECT. It is also agreed that, pursuant to
Government Code Section 895.4, CITY shall fully indemnify and
hold AUTHORITY and its officers, board members and employees
harmless from any liability imposed on AUTHORITY for injury (as
defined in Government Code Section 810.8) occurring by reason of
anything done or o~itted to be done by CITY in connection with
this Agreement.
(3) Neither CITY nor any officer, employee, or agent
thereof shall be responsible for any damage or liability
occurring by reason of anything done or omitted to be done by
AUTHORITY in connection with the Project. It is also agreed
that, pursuant to Government Code Section 895.4, AUTHORITY shall
fully indemnify and hold CITY and its officers, employees, or
agents harmless from.any liability imposed on CITY for injury (as
defined in Government Code Section 810.8) occurring by reason of
anything done or omitted to be done by AUTHORITY in connection
with this Agreement.
(4) Any notice which may be required under this Agreement
shall be in writing, shall be effective when received, and shall
be given by personal service, or by certified or registered mail,
return receipt requested, to the addresses set forth below, or to
such other addresses as are specified by notice given in such
manner:
If to CITY:
City Manager
City of Dublin
100 Civic Plaza
P.O. Box 2340
Dublin, CA 94568
If to AUTHORITY:
Executive Director
Alameda County Transportation Authority
1401 Lakeside Drive, Suite 600
Oakland, CA 94612
(5) This Agreement may be amended only by written agreement
executed by both 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.
(6) Except for the indemnification provisions of Section
III, paragraphs (2) and (3) above, this Agreement shall terminate
upon completion and acceptance of PROJECT constructed by SPONSOR
or on March 31, 2002, whichever is earlier in time.
(7) CITY is not the "Owner" of the PROJECT or any part
thereof by virtue of this Agreement.
CITY:
AUTHORITY:
ALAMEDA cOUNTY
TRANSPORTATION AUTHORITY
By:
Title:
Guy Houston
Mavor
By:
Keith Carson, Chair
RECOMMENDED BY:
Vincent J. Harris
Executive Director
APPROVED AS TO FORM AND
LEGALITY:
Attest:
R. Zachary Wasserman
General Counsel
Attest:
City Clerk
Joan Van Brasch
Clerk of the AUTHORITY
I hereby certify under penalty of perjury that Mayor
Houston was duly authorized to execute this document on behalf
of the CITY by a vote of the City Council on
; and that a copy has been delivered to the
AUTHORITY as provided by Government Code.
Dated:
By:
CITY CLERK
EXHIBIT A
1-580/680 DIRECT CONNECTOR PROJECT
LOCAL MATCH CONTRIBUTION PAYMENT SCHEDULE
FOR THE CITY OF DUBLIN
TOTAL COM/ZITMENT
PREVIOUSLY PAID
OUTSTANDING CONTRIBUTION
$2,155,260
$111,700
$2,043,560
FUTURE PAYMENTS~
DATE AMOI/NT
6/30/1997 $462,3952
6/30,/1998 $462,3952
6/30/1999 $0
6/30/2000 $559,3852
6/30/2001 $559,3852
~ PAYMENTS TO BE IN CASH OR LOCAL MATCH CREDIT
2 LOCAL MATCH CREDIT WILL BE APPLIED FIRST AS APPROVED BY ACTA
BOARD AT ITS MEETINGS ON 9/26/96 AND 12/5/96 IN THE AMOUNTS OF
$503,153 ~ $150,000 RESPECTIVELY SUBJECT TO APPRAISAL OF
CONTRIBUTED PROPERTIES.
EXHIBIT B
POLICY ON REIMBURSEMENT OR CREDIT
1) Ail Measure B capital projects shall be completed as quickly
as practical given funding and-resource considerations. Project
sponsors are encouraged to advance projects as rapidly as
possible with the understanding that no project will jeopardize
the funding of any other project. Expenditure Plan Project
Sponsors, as defined in the Expenditure Plan, are recipient
transportation agencies charged with maintenance of the completed
work.
2) No expenditure of Measure B funds will be made to any
capital project until all costs are detailed in Project Reports
and the Authority has entered into a Project Agreement with the
Project Sponsor.
3) Reimbursement does not allow the project to exceed the
funding or the scope of the project as defined in the Expenditure
Plan or as modified in the Annual Strategic Plan.
4) Project Sponsors who wish to expend their own funds in
advance of a project agreement may do so. The Authority will
reimburse funds expended or credit expenditures towards required
local match if the expenditures meet the following requirements:
a)
Project expenditures were made after passage of Measure
B. This requirement does not apply to incorporation of
locally owned right of way where the estimated cost and
the need to incorporate the right of way are made
currently.
b)
Detailed records of expenditures are maintained and
made available.
c)
Ail work can be demonstrated to be directly related to
the project as defined in the Measure B Expenditure
Plan and as agreed to in a signed local
Agency/Authority agreement.
d)
The local agency's Governing Board formally requests
reimbursement or credit.
Approved:
April 22, 1993
12
EXHIBIT C
POLICY REGARDING USE OF STATE AND FEDERAL FUNDS
AS LOCAL MATCH
Measure B restricts the use of state and federal funds as
part or all of a local jurisdictions' Local Matching Funds for
Measure B projects.
It is the Authority's policy that this restriction shall
mean that local jurisdictions are prohibited from using as their
Local Matching Fund contribution only those state or federal
funds that are available to the Authority and appropriate for
Measure B projects. This policy is consistent with the
Authority's purpose to avoid competition with local jurisdictions
for funding of the same Measure B project and the policy to
leverage Measure B funds to the maximum extent possible.
If a local jurisdiction wants to apply for funds for a
Measure B project from a funding source that is not listed in the
List of State and Federal Funds (attached as Exhibit C-i) as
available to local jurisdictions for local match, it shall submit
a written request to the Authority Executive Director who shall
determine whether such state or federal funds may be used as
Local Matching Funds for that specific Measure B project.
/5 13
List of State and Federal Funds
The following is a list of funds which are available to the
Authority for Measure B projects:
· ISTEA Surface Transportation Program (federal)
· ISTEA Transportation Enhancement Activities (federal)
· Federal Congestion Relief (federal)
· State Highway Account (state)
· Traffic Systems Management (state)
· Congestion Management and Air Quality (state)
· State and Local Transportation Partnership Program
(state)
· State Environmental Enhancement and Mitigation Program
(state)
· State Transportation Improvement Program (state)
The following is a list of funds which are not available to
the Authority and may be used by local jurisdictions as local
matching funds for Measure B projects:
·
·
·
·
·
·
ISTEA "Guarantee" Funds (federal)
Airport Passenger Facility Charges (federal)
Federal Airport Improvement Project (federal)
Local Gas Tax subventions (state)
TDA 3.0 Local Sales Tax
Local Measure B subventions