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HomeMy WebLinkAboutItem 4.04 I-580 Landscp ReplacemtG~~~ OF~DU~~~ 19' •~• '_~ ,SZ `~~~~~ STAFF REPORT CITY C L E R K `~~r~~~~ DUBLIN CITY COUNCIL File # ^®©©-®® DATE: February 16, 2010 TO: Honorable Mayor and City Councilmembers FROM: ~ Joni Pattillo, City Manager SUBJE'Approval of Fund Transfer Agreement between Alameda County Congestion Management Agency and City of Dublin for the I-580 Landscape Replacement Project Prepared By: Ferd De/ Rosario, Senior Civil Engineer EXECUTIVE SUMMARY: The Alameda County Congestion Management Agency (ACCMA), in collaboration with Caltrans, is constructing the eastbound High Occupancy Vehicle Lane Project in the existing median of Interstate 580 from Hacienda Drive to Greenville Road in Livermore. This project will remove existing landscape plants in the freeway median for the proposed work and it is required to mitigate the removed plants. The City of Dublin will receive the funding and responsibility to implement landscape replacement within its boundaries, and the Fund Transfer Agreement between the ACCMA and the City of Dublin specifies the terms and conditions for reimbursement between the two agencies for the Landscape Replacement Project. FINANCIAL IMPACT: Approval of the Fund Transfer Agreement will allow the City of Dublin to receive reimbursement for $92,239 in landscaping work included in the I-580/Fallon Road Interchange Improvements Project (Contract No. 07-13A). This was included in the adopted Fiscal Year 2009-2010 budget as a contributing funding source for the Interchange Project. RECOMMENDATION: Staff recommends that the City Council approve the Resolution approving 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. _ r `.._._ -- °~G~ Submitted By Senior Civil Engineer ~~~.~ Reviewed By vRevie ed B~r Admin. Services Director Assistant t anager Page 1 of 2 ITEM NO. `~~ T DESCRIPTION: The Alameda County Congestion Management Agency (ACCMA), in collaboration with Caltrans, is currently constructing the eastbound High Occupancy Vehicle (HOV) lane for approximately 11 miles in the existing median of Interstate 580 from Hacienda Drive to Greenville Road in Livermore. This project will necessitate the removal of existing landscape plants in the freeway median and eastbound shoulder, and the removal of these plants is required to be mitigated. To maintain the aesthetic value of the freeway corridor, these plants will be replaced with new plants within the project limits. 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. Ten percent of the total landscape removal will occur within the City of Dublin limits, which is equal to $92,239 available for landscape enhancements. 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 (Attachment 1). The City of Dublin has implemented landscape replacement as part of the I-580/Fallon Road Interchange Improvement Project and will submit its costs to the ACCMA for reimbursement, as agreed upon in the Memorandum. The budget for this expense, as well as the offsetting reimbursement from the ACCMA, were planned as General Fund revenues and expenditures for this project. The Fund Transfer Agreement between the ACCMA and the City of Dublin specifies the terms and conditions for reimbursement between the two agencies for the Landscape Replacement Project. It is recommended that the City Council approve the Resolution approving 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. NOTICING REQUIREMENTS/PUBLIC OUTREACH: Public Noticing is not required. Copy of the staff report was provided to the Alameda County Congestion Management Agency ATTACHMENTS: 1. May 20, 2008 Staff Report Approving Memorandum of Understanding for I-580 Landscape Replacement Project 2. Resolution approving the Fund Transfer Agreement between ACCMA and City of Dublin for the I-580 Landscape Replacement Project, together with Exhibit A (Agreement) G:\CIP\I-580 Fallon RdWCCMA-ACTIA FilesWS-Approving I-580 Fund Agmt for Landscape Replace.doc Page 2 of 2 Gti~~oFDU~~~ CITY CLERK 'll ~ 111 File # ^~®®'~~ 9 ~~ 1 ~~ $~ „~. /) ~~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: May 20, 2008 SUBJECT: Approval of Memorandum of Understanding for the Eastbound Interstate Highway 580 Landscape Replacement Project Between the Alameda County Congestion Management Agency and the Cities of Dublin, Pleasanton and Livermore Report Prepared by: Melissa Morton, Public Works Director ATTACHMENTS: 1) Draft Memorandum of Understanding 2) Location Map RECOMMENDATION: ~Q;~11~ Approve the Memorandum of Understanding for the Eastbound Interstate Highway 580 Landscape Replacement Project between the County Congestion Management Agency (ACCMA) and the Cities of Dublin, Pleasanton and Livermore, and authorize the City Manager to sign said Memorandum. FINANCIAL STATEMENT: Approval of the Memorandum of Understanding will enable the city of Dublin to receive reimbursement for up to $92,238 in landscape replacements planned for the City's I-580/Fallon Road Interchange Improvements Project (Contract No. 07-13A). 'This reimbursement will reduce the amount of construction funds required from the Lin Family by up to $92,238. DESCRIPTION: The ACCMA, in coordination with Caltrans, proposes to construct eastbound High Occupancy Vehicle (HOV) lanes for approximately 11 miles in the existing median of Interstate 580 from Hacienda Drive to Greenville Road in Livermore. This project will necessitate the removal of existing landscape plants. in the freeway median and eastbound shoulder, and the removal is required to be mitigated. To maintain the aesthetic value of the freeway corridor, these plants will be replaced with new plants within the project limits. 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 COPY TO: ACCMA Page 1 of 2 G:~C1PU-580 Fallon Rd~PROJECT CONSTRUCTION~agst mou for EB 580 landscape Replacement.doc ~~ ' ~ ~ ,~j I ATTACHMENT ~. . o~ boundaries of each agency. Ten percent of the total landscape removal will occur within the City o .Dublin limits, which is equal to $92,238 available for landscape enhancements. The Memorandum of Understanding between the ACCMA and the Cities of Dublin, Pleasanton and Livermore would formalize an understanding between the agencies and provide a process of reimbursement for landscape replacement. Dublin will implement landscape replacement as part of the I-580/Fallon Road Interchange Improvement Project and will submit its costs to the ACCMA for reimbursement, as agreed upon in the Memorandum. In turn, since the Lin Family has agreed to fund the costs of the I-5801Fallon Road Interchange Improvements Project as a mitigation for the development of Dublin Ranch, any reimbursements received from the ACCMA will decrease the amount required from the Lin Family. The Cities of Pleasanton and Livermore are currently in the process of requesting approval of the Memorandum of Understanding from each of the respective City Councils. It is recommended that the City Council approve the Memorandum of Understanding for the Eastbound Interstate Highway 580 Landscape Replacement Project between the Cities of Dublin, Pleasanton and Livermore, and the Alameda County Congestion Management Agency (ACCMA), and authorize the City Manager to sign said Memorandum. Page 2 of 2 ~' ~~`~ ~~ CITY OF PLEASANTON, CITY OF DUBLIN, CITY OF LIVERMORE, AND ALAMEDA COUNTY CONGESTION MANAGEMENT AGENCY MEMORANDUM OF UNDERSTANDING FOR THE EASTBOUND INTERSTATE HIGHWAY 580 LANDSCAPE REPLACEMENT PROJECT IN THE TRI-VALLEY This Memorandum of Understanding ("MOU") records the understanding between the City of Pleasanton ("Pleasanton"), the City of Dublin ("Dublin"), the City of Livermore ("Livermore") (collectively the "Local Agencies" and each individually a "Local Agency") and the Alameda County Congestion Management Agency ("ACCMA") with respect to the replacement of landscape plants that will be removed by the Interstate Highway 580 ("I-580") Eastbound (EB) high-occupancy vehicle (HOV) lane projects in the Tri-Valley (the "Landscape Replacement Project"). Recitals A. ACCMA in coordination with Caltrans proposes to construct Eastbound (EB) HOV lanes in the existing median of I-580 corridor in the Tri-Valley. This project is listed as a high priority proj ect in the Alameda Countywide Transportation Plan and as a strategic surface transportation improvement in the Regional Transportation Plan (2030) prepared by Metropolitan Transportation Commission ("MTC"). B. The limits of the proposed I-580 Eastbound HOV lane project are the interchange of Greenville Road and the interchange of Hacienda Drive. This project will remove existing landscape plants for its proposed elements. However, to maintain the aesthetic value of the freeway corridor, the environmental clearance process addresses the mitigation criteria to replace the removed plants. C. The criteria for replacing the existing plants in the I-580 EB limits are described in the approved Environmental Assessment /Initial Study with Negative Declaration for the I-580 Eastbound HOV Lane Project from East of Greenville Road to Hacienda Drive ("EB HOV Neg. Dec."). D. The landscape replacement criteria described in the EB HOV Neg. Dec. (Chapter 2.1.7 Visual Aesthetics between pages 2-56 and 2-61) that would apply to this MOU are summarized as follows: • The median removal of existing plants (oleander) is 6.1 miles in length. The unit cost for replacing these median plants is $127,300 per lineaz miles in 2005/2006 fiscal year dollars. The total replacement cost for the median is $776,530. • The removal area of the existing plants at the I-580 EB shoulder is approximately 3.4 acres. The unit cost for replacing these planting areas is $42,400 per acre in 2005/2006 fiscal year dollars. The total replacement cost at the shoulder is $ 145,856. Mazch 27, 20U~ AT~AClIM~i' I. ~.~ ~~ ~' f'~ • The subtotal cost for replacing the landscape plants at the I-580 EB HOV project limits is $922,386. • All replacement planting shall be implemented by the Local Agencies within two years of the completion of all roadwork of the project. • The landscape replacement cost shall be funded by the project. • A three (3)-year plant establishment period would be implemented. E. Regional Measure 2 ("RM2") funds a portion of the I-580 EB HOV lane project and this Landscape Replacement Project. Funding available from RM2 for the landscape replacement will escalate based on the Caltrans standard rate of escalation for the construction capital cost, 3.5% per year. Agreement Article I: It is mutually agreed: 1. The Local Agencies will receive the funding and responsibility to implement the landscape replacements for the I-580 EB HOV Lane based on the quantity of landscape removal within the boundaries of each Local Agency within the project limits. Out of the total landscape removal for the I-580 EB HOV Lane project, 75% would occur in the City of Livermore, 10% would occur in the City of Dublin and 15%would occur in the City of Pleasanton.. 2. ACCMA will obtain RM2 funds to support the Landscape Replacement Project. ACCMA will reimburse the construction cost for the landscape replacements invoiced by the Local Agencies for the I-580 EB HOV Lane project, up to the limit of RM2 funding provided to ACCMA pursuant to separate funding agreements between ACCMA and each Local Agency. The total reimbursements to each Local Agency will be based on the percentage described in Article I, Section 1. 3. RM2 funding for Landscape Replacement Project in each Local Agency will escalate up to the date of construction of the landscape replacement started in such Local Agency. Each Local Agency shall commence construction of the landscape replacements for the I-580 EB HOV Lane project within two years after the completion of the roadway items of the I-580 EB HOV Lane Project. 4. The Local Agencies will designate areas where they propose to implement Landscape Replacement Project. All proposed landscape replacement areas are subject to prior approval by Caltrans. 5. The replacement plantings maybe planted outside of Caltrans right-of- way. However, the planting areas shall be located not more than fifty (50) feet from the ultimate freeway right of way and shall meet the intent of improving the visual aesthetics of the freeway corridor, as described in the approved EB Neg. Dec. Mazch 27, 2008 5 ~P~o 6. Landscape replacements installed outside of Caltrans right-of--way shall be maintained by the responsible Local Agency. 7. Proposed landscape replacements within Caltrans right-of--way shall not exceed the maximum cost per acre (as established and adjusted annually by the Caltrans Principal Landscape Architect) if it is required to be maintained by the State. A Caltrans encroachment permit will be required for this work. 8. Per Caltrans policy, Caltrans maintains the minimum standard of landscaping in the State right of way. Any new landscaping which causes existing landscaped areas to exceed Caltrans' maximum cost per acre (as established and adjusted annually by the Caltrans Principal Landscape Architect) within the State right of way will be maintained entirely by the responsible Local Agency for a period of 20-years (including plant establishment). Anew maintenance agreement or amendment of an existing agreement shall be required by Caltrans if the landscape replacement implemented in the State right of way exceeds the maximum cost per acre. 9. Each Local Agency will provide the environmental clearance documents and design package for their portion of the landscape replacements in their jurisdiction. 10. Each Local Agency is responsible for implementing their entire funding of the Landscape Replacement Project. Any unused portion of the funding will be redistributed to other Local Agencies, either individually or collectively, to augment the Landscape Replacement Project. 11. RM2 funds for landscape replacement work apply only to the construction phase including the plant establishment period. Such funds may not be used for the project approval and environmental document (PA/ED) phase, design phase, construction management, or maintenance after the plant establishment period. 12. RM2 funds can be used to fund landscape replacement work identified in other proposed projects along the I-580 corridor within the HOV lane project limits. Article II: ACCMA Agrees: 1. To apply to MTC for RM2 funds for this landscape replacement work, and to distribute such funds on a reimbursement basis to the Local Agencies pursuant to detailed funding agreements between ACCMA and each Local Agency. 2. To meet with Caltrans and Local Agencies upon request to address issues related to this landscape replacement work. 3. To prepare a Caltrans Supplemental Project Report to assist in meeting the environmental clearance requirements for the I-580 EB landscape removal and replacement work. March 27, 2008 Y'~ . /" 4. To assist the Local Agencies in meeting environmental clearance requirements for landscape replacement work performed outside of Caltrans right-of- way. 5. To monitor the work progress of the Landscape Replacement Project performed by the Local Agencies. Article III: Livermore agrees: 1. To be the lead agency with respect to NEPA and CEQA requirements-for all landscape replacement work implemented within Livermore. 2. To implement landscape replacements at the vineyard buffer along the I- 580 corridor per the El Charro Specific Plan and the Southeast quadrant of the Fallon/El Charm Road interchange, or other mutually-approved location(s). 3. To provide environmental clearance documents, design package, and engineer's estimate for all landscape replacement within Livermore. 4. To submit valid invoices for all landscape replacement work within Livermore to ACCMA for reimbursement, up to the limit of funding available to Livermore. 5. To provide an alternate location if installation of the vineyard buffer required by the El Charro Specific Plan would not meet the deadline described in the EB HOV Neg. Dec. The requirement is that all the replacement plantings shall be implemented within two years of the completion of all roadwork of the I-580 EB HOV lane. Article 1V: Dublin agrees: 1. To be the lead agency with respect to NEPA and CEQA requirements for all landscape replacement work implemented within Dublin. 2. To implement landscape replacements at the North side of the Fallon/Bl Charm Road Interchange. 3. To provide the environmental cleazance documents, design package, and engineer's estimate for all landscape replacement within Dublin. 4. To submit valid invoices for all landscape replacement work within Dublin to ACCMA for reimbursement, up to the limit of funding available to Dublin. Article V: Pleasanton agrees: 1. To be the lead agency with respect to NEPA and CEQA requirements for all landscape replacement work implemented within Pleasanton. March 27, 2008 .~,~',r~ ~~ 2. To implement landscape replacements at the Southwest quadrant of the Fallon /El Charro Road Interchange. 3. To provide the environmental clearance documents, design package and engineer's estimate for all landscape replacement. 4. To submit valid invoices for all landscape replacement work within Pleasanton to ACCMA for reimbursement, up to the limit of funding available to Pleasanton. IN WITNESS WHEREOF, Pleasanton, Dublin, Livermore, and ACCMA have each by order caused the MOU to be subscribed by the binding authority of such P~3'• ALAMEDA COUNTY CONGESTION CITY OF DUBLIN MANAGEMENT AGENCY (ACCMA) By: Dennis R. Fay, Executive Director By: City Manager Reviewed as to Budget/Financial Controls Approved as to form and legality: G. Richard Swanson Director of Finance and Administration Recommended by: Ray Akkawi Manager of I-580 Comdor Approved as to form and legality: Wendel, Rosen, Black & Dean LLP Counsel to ACCMA City Attorney March 27, 2008 8~~ CITY OF PLEASANTON By: City Manager Approved as to form and legality: City Attorney CITY OF LIVERMORE By: City Manager Approved as to form and legality: City Attorney March 27, 2008 ~~~ J C O ca W O 00 I.A ,g >+ .~w ,+~ X47 ~~~~~ .. ,. EE ~~~ *.ra~Q~~ Q z. O 4 Z w z Z AiiAgYBlf 2L. ~~ r RESOLUTION NO. - 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 16th day of February, 2010, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor G:\CIP\I-580 Fallon RdWCCMA-ACTIA Files\Reso-I-580 Funding Agmt for Landscape Replace.doc ATTACHMENT 2. i ~ ~ a~ 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 ("RM2") 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 . To the Resolution i~ ~ 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 RMZ 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 c~ _ ~~ 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 party 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 is~~~ Title: Director of Finance and Administration Approved as to Form and Legality: By: Wendel, Rosen, Black & Dean LLP Legal Counsel to ACCMA Page 5 ~6~'ao 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 I~ 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 4 ty~~ Appendix B-1 INVOICE BY SPONSOR and CC~NSIJLTANT Name of SPONSOR: Pro ect Name: [MA Pr Nurr~Gw CMA. Use Only CMJi A serpent Nwnber- I--- 4rvoiceDate: Re~ne,v~ed 6y. Data_ brvoice Number: Supportng documents reviewed and approved for payment Periort Contract Amotnt (kKkklinp aH arrrendrnerMS); CaasrtatarM Cvittact: ,, oMact Phona No. SPONSOR CDSTS Task No. Task0escription 77MSPeriod Praviortsty&71ed TOTAL _______ ----- --- Staff Labor Cost t 2 3 99 Direct Expenses (Excluding Subs) TOTAL SPONSOR COSTS: 30.00 30.44 54.44 COILSUITAgTS COSTS Task No. Task Descr This Pertod Previorm B#ed_ TOTAL 1 2 3 TOTAL CONSULTANT COSTS: _ - TOTALNr110ICEAMOUNT REQUESTE -_- _ SO.4o Sf1.00 60 _ _ _. Sponsor's Praied Manwer Assurance: _ _,1 hereby certrfy that the informatron included m this Request for reimbursement is true -and accurate and that the claimed expenses have been paid as of the ___. _ tdate of this request. ___ (Signature Date 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 work for 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 specifred as expenditures since the prior reporting, and will include all funding sources including RM2. These will be cuff dent 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 ~o~~ Report Prepared By: Provide name o,~preParer Date: Date o~eport