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Home My WebLink About4.2 Funding Agreement with Tri-Valley Transportation Council for the Iron Horse Trail Bridge Project (CIP No. ST0118)7F Agenda Item 4.2 STAFF REPORT CITY COUNCIL DATE: March 7, 2023 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SU 13,JECT : Funding Agreement with Tri-Valley Transportation Council for the Iron Horse Trail Bridge Project (CIP No. ST0118) Prepared by.- William Wahbeh, Associate Civil Engineer EXECUTIVE SUMMARY: The City Council will consider approving an agreement with the Tri-Valley Transportation Council to accept $600,000 in funding for the Iron Horse Trail Bridge Project (CIP No. ST0118). STAFF RECOMMENDATION: Adopt the Resolution Approving a Funding Agreement With the Tri-Valley Transportation Council for the Iron Horse Trail Bridge at Dublin Boulevard Project (CIP No. ST0118). FINANCIAL IMPACT: As approved in the 2022-2027 Capital Improvement Program, the total budget for the Iron Horse Trail Bridge at Dublin Boulevard Project (CIP No. ST0118) is $14,004,439. The Funding Agreement will provide $600,000 of the total project budget. The $600,000 is shown in the CIP budget as Funding Source 9997 - Other. There is no impact to the General Fund. DESCRIPTION: The Five -Year Capital Improvement Program (CIP) includes the Iron Horse Trail Bridge at Dublin Boulevard Project (CIP No. ST0118). The construction contract for the bridge was awarded to Goodfellow Sequoia Joint Venture on March 1, 2022 (Resolution No. 18-22) and the bridge is currently under construction. The project is constructing a pedestrian and bicycle bridge structure, support foundations, and graduated ramps facilitating connection to the existing at - grade trail on the north and south sides of Dublin Boulevard at the intersection of Scarlett Drive. The expected project completion is Fall of 2023. As part of the construction award, the budget was increased by $2,400,000 of which $600,000 was identified as future appropriations from the Tri-Valley Transportation Council (TVTC) in their Nexus Study updated in August 2021. On April 18, 2022, the TVTC unanimously adopted the Pagel of 2 37 2022 Strategic Expenditure Plan Update and Funding Plan, which included the Iron Horse Bridge project. On October 17, 2022, the TVTC approved Resolution No. 2022-22 (Attachment 3) allocating $600,000 from their Tri-Valley Transportation Development Fund to the City of Dublin and approving the draft funding agreement. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Resolution Approving a Funding Agreement With the Tri-Valley Transportation Council for the Iron Horse Trail Bridge at Dublin Boulevard Project, CIP No. ST0118 2) Exhibit A to the Resolution - Funding Agreement with the Tri-Valley Transportation Council 3) Tri-Valley Transportation Council Resolution No. 2022-22 4) CIP No. ST0118 Page 2 of 2 38 Attachment I RESOLUTION NO. XX — 23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A FUNDING AGREEMENT WITH THE TRI-VALLEY TRANSPORTATION COUNCIL FOR THE IRON HORSE TRAIL BRIDGE AT DUBLIN BOULEVARD PROJECT, CIP NO. ST0118 WHEREAS, on February 20, 2018, the City Council adopted Resolution No. 15-18, approving a new Capital Improvement Program Project, the Iron Horse Trail Bridge at Dublin Boulevard ("Project") and approving a Consulting Services Agreement with Mark Thomas & Company, Inc. for the final design phase for the Project; and WHEREAS, the City of Dublin, as one of the members of the Tri-Valley Transportation Council ("TVTC"), is a signatory to the Joint Exercise of Powers Agreement pertaining to the Tri- Valley Transportation Development Fee ("TVTDF"); and WHEREAS, the City is the Project sponsor and requested a TVTDF funding allocation; and WHEREAS, the Project is identified on List C of the TVTC Strategic Expenditure Plan ("SEP") and is programmed for funding in the SEP Funding Plan; and WHEREAS, on March 1, 2022, the City Council adopted Resolution No. 18-22, awarding construction of the Project to Goodfellow Sequoia A JV and increasing the budget by $2,400,000 and identifying TVTDF as a future funding source covering $600,000; and WHEREAS, on October 17, 2022, TVTC approved the allocation of $600,000 of TVTDF funds for the Project (TVTC Resolution No. 2022-22); and WHEREAS, the Parties desire to enter into this Funding Agreement to outline the terms and obligations associated with the allocation of TVTDF funds. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin approves the Funding Agreement with the Tri-Valley Transportation Council, attached hereto as Exhibit A to this Resolution. BE IT FURTHER RESOLVED that the City Manager, or designee, is authorized to execute the Funding Agreement, attached hereto as Exhibit A, and make any necessary, non - substantive changes to carry out the intent of this Resolution. {Signatures on the following page} Reso. No. XX-23, Item X.X, Adopted XX/XX/23 Page 1 of 2 39 Attachment I PASSED, APPROVED AND ADOPTED this 7th day of March 2023, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Reso. No. XX-23, Item X.X, Adopted XX/XX/23 Page 2 of 2 40 Attachment 2 TRI-VALLEY TRANSPORTATION COUNCIL FUNDING AGREEMENT BETWEEN THE TRI-VALLEY TRANSPORTATION COUNCIL AND CITY OF DUBLIN FOR THE ALLOCATION OF TVTDF FUNDS IN THE AMOUNT OF $600,000 FOR THE IRON HORSE TRAIL BICYCLE PEDESTRIAN OVERCROSSING AT DUBLIN BOULEVARD PROJECT (Project C.11C) This AGREEMENT is made and entered into as of , 2023 by and between the Tri-Valley Transportation Council and the City of Dublin (DUBLIN), collectively referred to herein as the "Parties." RECITALS A. WHEREAS, DUBLIN, as one of the members of the Tri-Valley Transportation Council ("TVTC"), is a signatory to the Joint Exercise of Powers Agreement pertaining to the Tri- Valley Transportation Development Fee ("TVTDF"); and B. WHEREAS, the Iron Horse Trail Bicycle Pedestrian Overcrossing at Dublin Boulevard Project ("Project") is identified on List C of the TVTC Strategic Expenditure Plan ("SEP") and is programmed for funding in the SEP Funding Plan; and C. WHEREAS, DUBLIN is the Project sponsor and requested a TVTDF funding allocation; and D. WHEREAS, pursuant to Resolution No. 2022-22, TVTC approved the allocation of $600,000.00 of TVTDF funds to DUBLIN for the Project; and E. WHEREAS, the Parties desire to enter into this Funding Agreement to outline the terms and obligations associated with the allocation of TVTDF funds; NOW, THEREFORE, THE PARTIES DO HEREBY AGREE AS FOLLOWS: 41 TRI-VALLEY TRANSPORTATION COUNCIL SECTION I TVTC AGREES: A. To allocate and transmit to DUBLIN $600,000.00 of TVTDF funds for the Project. DUBLIN AGREES: A. To utilize the TVTDF funds solely for the Project, in accordance with the SEP. B. To keep and maintain accurate documentation consistent with Generally Accepted Accounting Principles (GAAP) related to the expenditure of the TVTDF funds allocated for the Project. C. To make any and all documentation related to the Project's use of TVTDF funds available to TVTC or its representatives upon request. D. To promptly notify TVTC of any unspent TVTDF funds after Project completion and promptly return said funds to TVTC. SECTION II IT IS MUTUALLY AGREED: A. Any notice given under this Funding Agreement shall be in writing and shall be deemed given if delivered personally or mailed by registered or certified mail or commercial overnight courier, return receipt or confirmation of delivery requested, or by facsimile transmission with voice confirmation of receipt, the parties at the following addresses (or at such other address for a party as shall be specified by like notice): If to DUBLIN: Michael Boitnott, Capital Improvement Program Manager City of Dublin Transportation Division 100 Civic Plaza Dublin, CA 94568 michael. boitnotOdublin. ca.gov If to TVTC: Sai Midididdi, T.E Attention: TVTC Administrator City of Dublin 100 Civic Plaza Dublin, CA 94568 Sai.midididdiWublin. ca.zov Tri-Valley Transportation Council 2 42 TRI-VALLEY TRANSPORTATION COUNCIL SIGNATURES ON THE NEXT PAGE CITY OF DUBLIN A Municipal Corporation "DUBLIN" Linda Smith, City Manager APPROVED AS TO FORM: John Bakker, City Attorney ATTEST: Marsha Moore, City Clerk City Council Resolution No. TRI-VALLEY TRANSPORTATION COUNCIL Jean Josey, Chair APPROVED AS TO FORM: Steven Mattas, TVTC Counsel ATTEST: Sai Midididdi, TVTC Administrator Tri-Valley Transportation Council 3 43 Attachment 3 TRI-VALLEY TRANSPORTATION COUNCIL TRI-VALLEY TRANSPORTATION COUNCIL RESOLUTION NO. 2022-22 A RESOLUTION OF THE TRI-VALLEY TRANSPORTATION COUNCIL TO ALLOCATE $600,00 IN TRI-VALLEY TRANSPORTATION DEVELOPMENT FEE (TVTDF) FUNDS TO THE CITY OF DUBLIN FOR STRATEGIC EXPENDITURE PLAN PROJECT CA1C IRON HORSE TRAIL BICYCLE - PEDESTRIAN OVERCROSSING AT DUBLIN BOULEVARD ROAD FOR FY 2022- 2023 WHEREAS, in 1995, the Tri-Valley Transportation Council (TVTC) adopted the "Tri-Valley Transportation Plan/Action Plan (TVTP/AP) for Routes of Regional Significance; and WHEREAS, in 1998, the TVTC, and the City of Dublin entered into a Joint Exercise Powers of Agreement (JEPA) to provide authority to collect a Tri-Valley Transportation Development Fee (TVTDF) to collect impact fees for the traffic mitigation to be applied to TVTC priority projects; and WHEREAS, on August 16, 2021 TVTC unanimously approved Resolution No. 2021-10 Adopting the Tri-Valley Transportation Council 2020 Nexus Fee Update Study; and WHEREAS, on April 18, 2022, the TVTC unanimously approved Resolution No 2022-07 Adopting the Strategic Expenditure Plan (SEP) Update and SEP Funding Plan, which guides the expenditure of revenue collected from TVTDF; and WHEREAS, the SEP identifies priorities, project sponsors, and funding for TVTDF projects; and WHEREAS, the 2022 Strategic Expenditure Plan Update programmed $600,000 in fiscal year 2022-23 for the Iron Horse Trail Bicycle Pedestrian Overcrossing at Dublin Boulevard (Project C-11 C); and WHEREAS, construction of the Project is underway and is anticipated to be complete in the spring of 2023; and WHEREAS, the City of Dublin is the project sponsor and has requested project funding allocation. 44 TRI-VALLEY TRANSPORTATION COUNCIL NOW THEREFORE, the Tri-Valley Transportation Council resolves as follows: 1. The TVTC authorizes the TVTC Administrator and Treasurer to transmit $600,000 in funds from the TVTDF account to the City of Dublin, the project sponsor for the Iron Horse Trail Bicycle Pedestrian Overcrossing at Dublin Boulevard Project (Project C.11 C); 2. The TVTC approves the draft Funding Agreement between TVTC and the City of Dublin substantially in the form attached hereto and incorporated herein as Exhibit A, subject to final review and minor modification by TVTC's General Counsel, and authorizes the Chair to execute the Funding Agreement; 3. The TVTC authorizes any related activities necessary to further the intent of this resolution. PASSED, APPROVED AND ADOPTED at the meeting of October 17, 2022, by the following votes: AYES: Brown, Anderson, Perkins, Arnerich, Josey NOES: ABSENT: Haubert, Kiick ABSTAIN: ATTEST: DocuSigned by: ISM, NkUk FAA6458A7AE046C ... Sai Midididdi, TVTC Administrative Staff DocuSigned by: 5CBCFE 12F63F448... Jean Josey, Chair Tri-Valley Transportation Council Tri-Valley Transportation Council 2 45 Attachment 4 PROJECT DESCRIPTION This project provides for the planning, design, and construction of the Iron Horse Trail bridge for bicycles and pedestrians over Dublin Boulevard. The project will construct a truss arch bridge consistent with the Iron Horse Trail Feasibility Study and preliminary bridge design, approved by the City Council on November 7, 2017. The bridge will provide safer and easier trail access, including access to and from the Dublin -Pleasanton BART station. The Alameda County Transportation Commission (ACTC) approved an allocation of $1,294,000 of Measure BB discretionary funds in Fiscal Year 2017-18 for the bridge design and environmental clearance. On June 17, 2019, ACTC approved additional funding in the amount of $4,751,000 of Measure BB and $856,419 of Transportation for Clean Air funds for the construction phase of the project. The project will also receive funding of $1,000,000 for construction from a Developer contribution from the Boulevard Project. Fall of 2020, BART approved $1,500,000 of Measure RR Safe Routes to BART Grant for the construction phase of the project. Construction of the project was awarded by the City Council on March 1, 2022 and is anticipated to be completed in summer 2023. The $600,000 identified as "Other" is from the Tri-Valley Transportation Development Fee. ANNUAL OPERATING IMPACT: $50,000 MANAGING DEPARTMENT: Public Works 9100 Salaries & Benefits $58,373 $97,087 $155,460 9200 Contract Services $982,791 $1,436,749 t $2,419,540 9400 Improvements $10,816,979 $600,000 $11,416,979 i 00 Miscellaneous $4,960 $7,500 $12,460 e 2201 2204 State Gas Tax Measure B Sales Tax - Local Streets Fund ACTC $12,325 $51,008 $832,715 $536,972 $600,000 $845,040 $587,980 2205 Measure B Sales Tax - Bike & Pedestrian Fund ACTC $17,322 $382,678 $400,000 $856,419 2207 TFCA/Trans ortation for Clean Air $856,419 2214 Measure BB Sales Tax - Local Streets Fund ACTC $400,000 $400,000 2215 Measure BB Sales Tax - Bike & Pedestrian Fund (ACTC) $300,000 $300,000 2217 Measure BB Grants $801,986 $5,243,014 $6,045,000 2218 Measure RR - Safe Routes to BART $1,500,000 $1,500,000 2220 Road Maint. & Rehab. Account (RMRA) $163,482 $806,518 $970,000 4301 Eastern Dublin Transportation Impact Fee $500,000 $500,000 4401 9997 TOTAL Dublin Crossing Fund $1,000,000 $12,358,315 $1,000,000 Other $600,000 ,046,124 --