HomeMy WebLinkAboutPW Funds ExchangeAgenda Item No:
Meeting Date: February 2, 2009
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works,—
Prepared
or -`"Prepared b3 �"c%'�� ' %� City Manager Approval:
Int' rim-DireCk6 o Publi�(RI
,% File No. 16.13.09
SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE INTERIM PUBLIC WORKS DIRECTOR TO APPROVE A
FUNDING AGREEMENT BETWEEN THE TRANSPORTATION AUTHORITY OF
MARIN (TAM) AND THE CITY OF SAN RAFAEL TO EXCHANGE $415,620 IN
FEDERAL SURFACE TRANSPORTATION PROGRAM (STP) FUNDS FOR THE
SAME AMOUNT OF LOCAL MEASURE A FUNDS.
RECOMMENDATION:
Adopt resolution.
BACKGROUND:
Under the federal Surface Transportation Program, the City will receive $415,620 to resurface
portions of Freitas Parkway and Francisco Boulevard East. These roads are "federal aide
eligible" and therefore qualify for STP funds with concurrence from the Metropolitan
Transportation Commission (MTC), the Bay Area's regional transportation agency.
On September 25, 2008 the TAM Board approved Funding Agreement 42008; 024(enclosed).
The San Rafael streets were among 18 local projects previously funded via STP. The agreement
allowed TAM to assign $3,480,000 in STP funds to the Highway 101 Gap Closure project and to
reassign the same amount of Measure A funds to local jurisdictions. Measure A is the one-half
cent transaction and use tax for transportation projects approved by voters on November 4, 2004.
San Rafael's portion of the $3,480,000 is $415,620 for Freitas Parkway and Francisco Boulevard
East.
FOR CITY CLERK ONLY
File No.:
Council Meeting:
Disposition:
SAN RAFAEL CITY COUNCIL AGENDA REPORT / PaEe: 2
ANALYSIS:
With Council's approval, the $415,620 can augment the City's "Street Resurfacing 08-09"
budget, tentatively set at $1,418,239. That figure includes:
o $446,664 in Local Measure A funding for the upcoming fiscal year (09-10)
o $862,947 from Proposition 1B (already received)
o $108,628 from Proposition 42 (already received)
Since the bid climate has been quite favorable of late, the resulting $1,833,859 budget will likely
enable us to maximize the number of streets we can target with the "Street Resurfacing 08-09"
project.
OPTIONS:
The City Council may choose not to authorize the exchange of funds but staff does not
recommend this option. Both Freitas Parkway and Francisco Boulevard East are major
thoroughfares sorely in need of resurfacing. This allocation presents an opportunity to improve
those streets by leveraging $415,620 in Measure A funds and concurrently minimizes the
paperwork and bureaucracy associated with federal grants.
ACTION REQUIRED:
Staff recommends that the City Council adopt the resolution.
RESOLUTION NO.
SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL AUTHORIZING THE INTERIM PUBLIC WORKS DIRECTOR TO
APPROVE A FUNDING AGREEMENT BETWEEN THE TRANSPORTATION
AUTHORITY OF MARIN (TAM) AND THE CITY OF SAN RAFAEL TO
EXCHANGE $415,620 IN FEDERAL SURFACE TRANSPORTATION
PROGRAM (STP) FUNDS FOR THE SAME AMOUNT OF LOCAL MEASURE A
FUNDS.
WHEREAS, San Rafael is scheduled to receive $415,620 in federal Surface
Transportation Funds to resurface two "federal aide eligible" thoroughfares - Francisco
Boulevard East and Manuel T. Freitas Parkway; and
WHEREAS, the Transportation Authority of Marin has proposed an exchange of
$415,620 in Local Measure A funds for the same amount of federal STP funds; and
WHEREAS, San Rafael will use the $415,620 in Local Measure A funds to
resurface Francisco Boulevard East and Manuel T. Freitas Parkway as part of the
upcoming "Street Resurfacing 08-09" project; and
WHEREAS, TAM has initiated similar STP/Local Measure A exchanges with 18
Marin County jurisdictions in order to free up $3,480,000 in STP funds for the Marin
County Highway 101 Gap Closure project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
San Rafael authorizes the Interim Public Works Director to approve Funding Agreement
#2008-016 between the Transportation Authority of Marin and the City of San Rafael to
exchange $415,620 in federal funds STP funds for $415,620 in Measure A funds.
I, ESTHER C. BEIRNE, City Clerk of the City of San Rafael, hereby
certify that the foregoing resolution was duly and regularly introduced and adopted
at a regular meeting of the Council of said City held on the 2nd day of February
2009, by the following vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL
ABSENT: COUNCIL MEMBERS:
ESTHER C. BEIRNE, City Clerk
File No.: 16.13.09
TAM AGREEMENT #2008-016
FUNDING AGREEMENT
BETWEEN
TRANSPORTATION AUTHORITY OF MARIN
AND
CITY OF SAN RAFAEL
This AGREEMENT is made this day of 2009, by and between the
Transportation Authority of Marin, hereinafter referred to as "TAM", a local public agency, and
the City of San Rafael, hereinafter referred to as "RECIPIENT", the local public agency.
SECTION 1. RECITALS
1. The voters of Marin County approved the authorization of Measure A at the General
Election held on November 2, 2004, thereby authorizing that TAM be given the responsibility to
administer the proceeds from a one-half cent transaction and use tax.
2. The tax proceeds will be used to pay for the programs and projects outlined in the
Measure A Strategic Plan.
3. The Strategic Plan, developed to provide guidance on implementing the Measure A
Expenditure Plan, programs Measure A funds over a 20 year period to the four strategies listed
in the Expenditure Plan, including Strategy 2 for the Highway 101 Gap Closure Project.
4. TAM anticipated on receiving $3.48 million in Surface Transportation Program (STP)
funds for programming of local road projects in Marin County.
5. TAM programmed $3.48 million in STP funds to the Highway 101 Gap Closure Project
with the commitment that equal amount of Measure A funds would be programmed to other
road projects in the County that would have otherwise used these federal funds.
6. A Call for Projects was issued for $3.48 million in swapped STP/Measure A funds and
18 projects were selected for funding with concurrence from the Metropolitan Transportation
Commission (MTC), including San Rafael's Manuel T. Freitas Parkway and Francisco
Boulevard East Resurfacing Projects.
SECTION 2. PURPOSE OF FUNDING AGREEMENT
This AGREEMENT is entered into by and between TAM and RECIPIENT to document the
funding conditions necessary for the RECIPIENT to comply with applicable law and TAM
policies. This AGREEMENT consists of additional documents stated in these sections as being
attached hereto and incorporated in the AGREEMENT by reference.
SECTION 3. PROJECT DEFINITION AND SCOPE
This AGREEMENT, approved through Resolution No. 2008-24 of TAM, in accordance with the
requirements of TAM's Measure A Expenditure Plan and Strategic Plan, is made for the funding
of the following project ("Project") identified in the RECIPIENT's Measure A Sales Tax Program
Allocation Request Form (Attached):
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Manuel T. Freitas Parkway and Francisco Boulevard East Resurfacing Projects
Additional information on project scope is included in the Measure A Sales Tax Program
Allocation Request Form, referenced as Exhibit A.
SECTION 4. GRANT
TAM hereby grants to the RECIPIENT the sum of $415,620 as designated in Resolution No.
2008-24, approved September 25, 2008, which is included in this AGREEMENT by reference.
SECTION 5. COST ELIGIBILITY
Cost eligibility shall be determined by TAM's Strategic Plan policies. All costs incurred by
RECIPIENT prior to the date of execution of this AGREEMENT shall be ineligible for
reimbursement by TAM, except projects identified in the Strategic Plan as ongoing operating
needs. Such projects, which rely on ongoing annual funding, may incur costs either at the date
of the authorizing Board resolution or the start of the fiscal year, whichever comes later.
While the costs of the Project shall be eligible for reimbursement in accordance with the terms
of this AGREEMENT, the timing and amount of reimbursement will be subject to a TAM
allocation, based on available revenues, other anticipated project requests, and project category
and subcategory limits established in the Strategic Plan and Expenditure Plan. Any waiver of
cost eligibility policies must be included in the Measure A Sales Tax Program Allocation
Request Form ("Allocation Request Form") as approved by TAM.
SECTION 6. BUDGET AND SCOPE
RECIPIENT shall maintain a project or program budget. RECIPIENT shall carry out the project
and shall incur obligations against and make disbursements of the grant in conformity with
TAM's requirements and the budget. The project or program budget may be revised from time
to time through the submission of a revised budget to TAM.
RECIPIENT may not make any changes to the scope of the project without prior written
approval of TAM. Approval by TAM of a change of scope shall not constitute an increase in the
grant amount unless additional funds are specifically provided.
SECTION 7. PROJECT MANAGEMENT
RECIPIENT shall be responsible for the project and provide management of consultant and
contractor activities for which RECIPIENT contracts, including responsibility for schedule,
scope, and budget, consistent with TAM's resolution allocating the grant unless otherwise
agreed upon in writing.
SECTION 8. PROJECT OVERSIGHT
RECIPIENT shall cooperate with TAM's project management team and shall provide any
requested Project information.
SECTION 9. ATTRIBUTION AND SIGNAGE
If any portion of grant funds is used for production of reports, acknowledgment of the TAM's role
in funding the Project shall be included in the documents. If any portion of grant funds is used
Page 2 of 7
for construction, RECIPIENT shall, upon initiation of field work or at the earliest feasible time
thereafter, install and maintain a sign at the construction site identifying Measure A Local
Transportation Sales Tax Funds and TAM (e.g., TAM and RECIPIENT's logos — "Your Measure
A Sales Tax Dollars at Work"). For non -construction capital purchases funded by any portion of
grant funds, RECIPIENT shall affix permanent signage identifying TAM and the Sales Tax
Funds as a funding source. RECIPIENT shall demonstrate compliance with attribution and
signage requirements as an indispensable condition for authorization of Measure A
reimbursement for project expenses.
SECTION 10. PRESS RELEASES
RECIPIENT shall notify TAM in advance of any press releases about Project activities,
particularly groundbreakings and ribbon cuttings, in connection with grant funds expended
pursuant to this AGREEMENT.
SECTION 11. COMPLIANCE WITH LAW
In the performance of its obligations pursuant to this AGREEMENT, RECIPIENT shall keep
itself fully informed of the federal, state and local laws, ordinances and regulations in any
manner affecting the performance of this Agreement, and must at all times comply with such
laws, ordinances, and regulations as they may be amended from time to time.
SECTION 12. ENVIRONMENTAL COMPLIANCE
RECIPIENT shall undertake all environmental mitigation measures that may be identified as
commitments in applicable documents (such as environmental assessments, environmental
impact statements and reports, and memoranda of agreement) and comply with any conditions
imposed as a part of a finding of no significant impact or a record of decision; all such mitigation
measures are incorporated in this AGREEMENT by reference. Recipient shall be responsible
for obtaining all necessary environmental permits for performance of work.
SECTION 13. FINANCES
All costs charged to the project shall be supported by properly prepared and documented time
records, invoices, or vouchers evidencing in detail the nature and propriety of the charges and
the basis for the percentage charged to TAM.
SECTION 14. RECORDS
All checks, payrolls, invoices, contracts, vouchers, journal entries, work orders, or other
accounting documents pertaining in whole or in part to the Project shall be maintained by
RECIPIENT for a period of three (3) years after the later of Project closeout or termination of
grant. Such project documents shall be clearly identified, readily accessible, and, to the extent
feasible, kept separate and apart from all other similar documents not pertaining to the Project.
SECTION 15. REIMBURSEMENTS
Payment shall be made by TAM for costs reimbursable under the terms of this AGREEMENT
and incurred prior to the termination date of this AGREEMENT. Payment to RECIPIENT of the
grant shall be upon written approval by TAM, upon submittal by RECIPIENT of appropriate
support documentation and identification of expenses incurred.
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Reimbursements shall not exceed the schedule shown in the Measure A Sales Tax Program
Allocation Request Form - Fiscal Year Cash Flow Availability. RECIPIENT may make a request
for exceptions in writing. Exceptions may be made at the sole discretion of TAM.
Reimbursement requests, with appropriate documentation, may be submitted on a regular basis
but no more frequently than monthly.
Each reimbursement request shall include RECIPIENT'S certification that the amounts sought
are only for project elements included in the Allocation Request Form, and that RECIPIENT is in
compliance with TAM's requirements mentioned in this AGREEMENT.
SECTION 16. ELIGIBLE EXPENSES
RECIPIENT shall expend funds only on eligible expenses as follows: operating costs, direct
staff time (salary and benefits), consultants; right of way engineering and acquisition costs
(including permitting), and competitively bid construction contracts. Indirect costs (as defined by
OMB Circular A-87) will not be considered an eligible expense. Funds shall also be expended
according to the applicable provisions of the Expenditure Plan, Short Range Transit Plan
(SRTP), and of the Public Utilities Code Section 180000 et seq.
SECTION 17. AUDITS
TAM reserves the right at any time to conduct or require a financial or performance audit of the
RECIPIENT'S compliance with this AGREEMENT. TAM will give advance notice of the
requirement. RECIPIENT shall permit TAM, or any of its duly authorized representatives, to
inspect all work, materials, payrolls, and other data and records with regard to the Project, and
to audit the books, records, and accounts of the RECIPIENT and its contractors with regard to
the Project.
SECTION 18. THIRD PARTY CONTRACT AUDITS
TAM reserves the right to request an audit of other third party contracts for any reason. If
RECIPIENT is subject to third party financial audit requirements imposed by another funding
source, copies of audits performed in fulfillment of such requirements shall be provided to the
TAM.
SECTION 19. CLOSEOUT PROCEDURES AND PROJECT CLOSEOUT REPORT
Project closeout occurs either when TAM notifies RECIPIENT or forwards the final grant
payment, or when the RECIPIENT'S remittance of the proper refund has been acknowledged
by TAM. Within ninety (90) days of the Project completion date or termination by TAM,
whichever comes first RECIPIENT shall submit a certified financial statement identifying all
excess funds or ineligible expenditures, which the RECIPIENT shall be required to refund, as
well as third party audit reports, as applicable, or provide a schedule and justification for an
alternate closeout date. Project closeout shall not terminate any continuing obligations
imposed on the RECIPIENT by this AGREEMENT. Final reimbursement will be in
accordance with TAM policies and procedures.
RECIPIENT shall provide to TAM a Project Closeout Report as shown in Exhibit C with the
final reimbursement request. RECIPIENT shall provide supporting documentation for
expenditures and revenues from its accounting and financial management system.
RECIPIENT shall certify that the amounts sought are only for project elements included in the
Measure A Sales Tax Program Allocation Request Form.
M.,. �oft--...1U. Page 4 of 7
SECTION 20. REPAYMENT OF INELIGIBLE COSTS
In the event that TAM reimburses RECIPIENT for costs that are later to be determined to be
ineligible for reimbursement under this Agreement, TAM reserves the right to withhold from this
Project or other projects in the Expenditure Plan for which RECIPIENT is the sponsoring agency
grant funding in the same amount as the ineligible costs that were reimbursed by TAM.
SECTION 21. RIGHT TO WITHHOLD
If a Project report containing all of the items listed in the Allocation Request Form is not
provided to TAM by the annual due date specified in the Allocation Request Form and/or such
items are found not to be in compliance with this AGREEMENT, Public Utilities Code Section
180000 et seq., the ballot measure or the Strategic Plan, TAM may withhold FUNDS from
RECIPIENT until RECIPIENT has corrected any noted deficiencies to TAM's satisfaction. While
FUNDS are being so withheld all interest on withheld FUNDS shall be retained by TAM as an
administrative fee.
SECTION 22. RESCISSION OF AUTHORIZATION OF FUNDS
TAM reserves the right to rescind its authorization of that portion of the grant funds that are
unneeded prior to, or at the time of, Project closeout. Funds are determined to be unneeded if
they are uncommitted at time of Project closeout. Uncommitted funds are funds that have been
authorized but are in excess of that total eligible costs incurred by RECIPIENT.
SECTION 23. TERMINATION FOR CAUSE
Except as provided by Section 24 below, RECIPIENT agrees that, upon ten (10) working days
written notice, TAM may suspend or terminate all or part of the financial assistance provided
herein for failure to correct a breach of this AGREEMENT. Any failure to make reasonable
progress, inconsistency with the Expenditure Plan or Measure A Sales Tax Program Allocation
Request Form, unauthorized use of grant funds as specified in this AGREEMENT, or other
violation of the AGREEMENT that significantly endangers substantial performance of the project
shall be deemed to be a breach of this AGREEMENT and cause for termination. Upon mutual
consent, RECIPIENT will repay TAM any unexpended funds already distributed.
SECTION 24. CORRECTION OF BREACH
Notwithstanding the provision of .Section 23 above, with respect to any breach, which is
reasonably capable of being cured, RECIPIENT shall have thirty (30) days from the date of
notice of breach to initiate steps to cure. If RECIPIENT diligently pursues cure, such
RECIPIENT shall be allowed a reasonable time to cure or by a time established in writing by
TAM.
SECTION 25. LIABILITY
Neither TAM 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 RECIPIENT under or in
connection with any work, authority, or jurisdiction delegated to RECIPIENT under this
AGREEMENT. It is also understood and agreed that pursuant to Government Code Section
895.4, RECIPIENT shall fully defend, indemnify and hold TAM harmless from any liability
imposed for injury (as defined by Government Code Section 810.8) occurring by reason of
anything done or omitted to be done by RECIPIENT under or in connection with any work, or
jurisdiction delegated to RECIPIENT under this AGREEMENT.
....o.Page 5 of 7
Neither RECIPIENT 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 TAM under or in
connection with any work, authority, or jurisdiction delegated to TAM under this
AGREEMENT. It is also understood and agreed that pursuant to Government Code Section
895.4, TAM shall fully defend, indemnify and hold RECIPIENT harmless from any liability
imposed for injury (as defined by Government Code Section 810.8) occurring in by reason of
anything done or omitted to be done by TAM under or in connection with any work, authority,
or jurisdiction delegated to TAM under this AGREEMENT.
In the event of concurrent negligence of RECIPIENT and TAM, the liability for any and all claims
for injuries or damages to persons and/or property shall be apportioned under the California
theory of comparative negligence as presently established or as may hereafter be modified.
SECTION 26. OBLIGATIONS
TAM agrees that any eligible cost incurred by RECIPIENT prior to the termination of this
AGREEMENT shall be reimbursed to the extent that such costs could not be avoided by
RECIPIENT upon receipt of notice of termination.
SECTION 27. INTEGRATION
This AGREEMENT represents the entire AGREEMENT of the parties with respect to the subject
matter thereof. No representations, warranties, inducements or oral agreements have been
made by any of the parties except as expressly set forth herein, or in other contemporaneous
written agreements.
SECTION 28. AMENDMENT
Except as otherwise provided herein, this AGREEMENT may not be changed, modified or
rescinded except in writing, signed by all parties hereto, and any attempt at oral modification of
this AGREEMENT shall be void and of no effect.
SECTION 29. INDEPENDENT AGENCY
RECIPIENT performs the terms and conditions of this AGREEMENT as an entity independent
of TAM. None of RECIPIENT'S agents or employees shall be agents or employees of TAM.
SECTION 30. ASSIGNMENT
The AGREEMENT may not be assigned, transferred, hypothecated, or pledged by any party
without the express written consent of the other party.
SECTION 31. BINDING ON SUCCESSORS, ASSIGNEES OR TRANSFEREES
This AGREEMENT shall be binding upon the successor(s), assignee(s) or transferee(s) of TAM
or RECIPIENT as may be the case. This provision shall not be construed as an authorization to
assign, transfer, hypothecate or pledge this AGREEMENT other than as provided above.
SECTION 32. EXPENSES
Each party shall be solely responsible for and shall bear all of its own respective legal expenses
in connection with any dispute arising out of this AGREEMENT and the transactions hereby
.,,,.PAWECTSMDOGRAMs<.WM—AAP o,.g,.—,�uTP8 , Ra Wwd��,--".o. Page 6of7
contemplated. RECIPIENT may not use GRANT funds, or other TAM programmed funds, for
the aforementioned purpose.
SECTION 33. SEVERABILITY
Should any part of this AGREEMENT be declared unconstitutional, invalid, or beyond the
authority of either party to enter into or carry out, such decisions shall not affect the validity of
the remainder of this AGREEMENT, which shall continue in full force and effect; provided that
the remainder of this AGREEMENT can, absent the excised portion, be reasonably interpreted
to give effect to the intentions of the parties.
SECTION 34. EXHIBITS
The following Exhibits are hereby made part of this AGREEMENT:
1. EXHIBIT A: Allocation Request Form
2. EXHIBIT B: TAM Board Resolution 2008-24
3. EXHIBIT C: Project Closeout Report
SECTION 35. ACCEPTANCE OF GRANT
RECIPIENT does hereby declare that all written statements, representations, covenants, and
materials submitted as a condition of this AGREEMENT are true and correct and does hereby
accept TAM's grant and agrees to all of the terms and conditions of this AGREEMENT. The
parties have executed this AGREEMENT as of the date first written above.
City of San Rafael:
Transportation Authority of Marin (TAM):
By: By:
Print Name
Print Title
Approved as to form:
By:
City of San Rafael, Attorney
Print Name
Dianne Steinhauser, Executive Director
Page 7 of 7
EXHIBIT A
Swapped Measure A/Surface Transportation Program (STP) Funds
Allocation Request Form
Project Name: Manuel T. Freitas Parkway Resurfacing
Implementing Agency: City of San Rafael
Project Description: The work to be done includes grinding the asphalt, placing a 1/2" leveling
course of asphalt, placing fabric, placing a 2" asphalt overlay, and constructing curb ramps
where necessary.
Transportation Problem to be addressed: Road deterioration.
Funding and Project Schedule:
Project Location: The project is located in the city of San Rafael, on Manuel T. Freitas
Parkway, from Highway 101 to Las Gallinas Avenue.
Non -Motorized Travel Considerations: Bike lane
Have the needs of non -motorized travelers been considered in the design of the project and is
the project consistent with Caltrans Deputy Directive 64? Yes
Is non -motorized travel impeded by this project? No
If yes, has a cross -facility, non -motorized access been included in the project?
Has a parallel non -motorized facility been designed to accommodate non -motorized travelers?
No
T M. PF EGTS ANO PROGRAMS10.00 Meume A Alb-Im Requests\Fundi, Agreements\Stalegy 2VTP Swap%an Retael\ENbiI A ARr. oc Page 1 of 2
Cost
Funding With
Schedule (mo/yr)
Swapped
Measure
A/STP Funds
Other Funds
(Specify
source if an )
Start
End
Environmental
$0
$0
$0
Design
$0
$0
$0
ROW
$0
$0
$0
Construction
$235,000
$235,000
$0
Au '08
Sept '08
Total
$235,000
$235,000
$0
Project Location: The project is located in the city of San Rafael, on Manuel T. Freitas
Parkway, from Highway 101 to Las Gallinas Avenue.
Non -Motorized Travel Considerations: Bike lane
Have the needs of non -motorized travelers been considered in the design of the project and is
the project consistent with Caltrans Deputy Directive 64? Yes
Is non -motorized travel impeded by this project? No
If yes, has a cross -facility, non -motorized access been included in the project?
Has a parallel non -motorized facility been designed to accommodate non -motorized travelers?
No
T M. PF EGTS ANO PROGRAMS10.00 Meume A Alb-Im Requests\Fundi, Agreements\Stalegy 2VTP Swap%an Retael\ENbiI A ARr. oc Page 1 of 2
Swapped Measure A/Surface Transportation Program (STP) Funds
Allocation Request Form
Project Name: Francisco Blvd. East Resurfacing
Implementing Agency: City of San Rafael
Project Description: The work to be done includes grinding the asphalt, placing a 1/2" leveling course
of asphalt, placing fabric, placing a 2" asphalt overlay, and constructing curb ramps where necessary.
Transportation Problem to be addressed: Road deterioration.
Funding and Project Schedule:
Project Location: The project is located in the city of San Rafael, on Francisco Boulevard
East, from Bellam Avenue to Irene Street.
Non -Motorized Travel Considerations: Sharrows
Have the needs of non -motorized travelers been considered in the design of the project and is
the project consistent with Caltrans Deputy Directive 64? Yes
Is non -motorized travel impeded by this project? No
If yes, has a cross -facility, non -motorized access been included in the project?
Has a parallel non -motorized facility been designed to accommodate non -motorized travelers?
No
T:\14. PMJEGTS ANO PROGRAMS\1400 Measure A Mlo=ion Faquesls\Funding AgreemeNsWtraleW MTP Swap\San Rafael h!Wt A APEdoc Page 2 of 2
Cost
Fundm With
Schedule (mo/yr)
Swapped
Measure
A/STP Funds
Other Funds
(Specify
source if an)
Start
End
Environmental
$0
$0
$0
Design
$0
$0
$0
ROW
$0
$0
$0
Construction
$180,620
$180,620
$0
Au '08
Sept '08
Total
$180,620
$180,620
$0
Project Location: The project is located in the city of San Rafael, on Francisco Boulevard
East, from Bellam Avenue to Irene Street.
Non -Motorized Travel Considerations: Sharrows
Have the needs of non -motorized travelers been considered in the design of the project and is
the project consistent with Caltrans Deputy Directive 64? Yes
Is non -motorized travel impeded by this project? No
If yes, has a cross -facility, non -motorized access been included in the project?
Has a parallel non -motorized facility been designed to accommodate non -motorized travelers?
No
T:\14. PMJEGTS ANO PROGRAMS\1400 Measure A Mlo=ion Faquesls\Funding AgreemeNsWtraleW MTP Swap\San Rafael h!Wt A APEdoc Page 2 of 2
EXHIBIT B
TAM RESOLUTION NO. 2008-24
RESOLUTION OF THE TRANSPORTATION AUTHORITY OF MARIN (TAM)
ALLOCATING $3.48 MILLION IN MEASURE A FUNDS FROM STRATEGY 2 OF THE
MEASURE A STRATEGIC PLAN TO LOCAL STREET AND ROAD PROJECTS FOR
FEDERAL SURFACE TRANSPORTATION PROGRAM (STP) FUNDS SWAPPED FROM THE
HIGHWAY 101 GAP CLOSURE PROJECT_. _ — - - _._...__._
WHEREAS, Strategy 2 of the Measure A Expenditure Plan provides that it would fully
fund up to $25 million to ensure the accelerated completion of the Highway 101 carpool lane
gap closure project through San Rafael; and
WHEREAS, Eligible uses of funds identified in the Expenditure Plan include completion
of final construction segment of the Highway 101 Gap Closure Project and completion of the
north -south bicycle way through Puerto Suello Hill to improve bicycle safety; and
WHEREAS, In its role as the Congestion Management Agency (CMA), TAM is
responsible for programming federal STP funds in Marin County; and
WHEREAS, In December 2005, TAM approved the swapping of $3.48 million in STP
funds with Measure A funds, originally programmed to the Highway 101 Gap Closure Project, to
alleviate burdens on local project sponsors which would have otherwise used federal funds on
smaller projects; and
WHEREAS, STP guidelines require TAM to obligate the funds by May 2009; and
WHEREAS, A Call for Projects was issued on March 20, 2008 for $3.48 million in
swapped STP/Measure A funds; and
WHEREAS, TAM received 18 applications and reviewed each application for STP
eligibility; and
WHEREAS, TAM worked with local agencies on modifying their applications to meet
STP requirements; and
WHEREAS, On July 10, 2008, TAM issued a letter MTC requesting approval for 18 road
improvement projects seeking to use $3.48 million in swapped STP/Measure A funds in Marin
County; and
WHEREAS, MTC issued a response, dated July 28, 2008, that the applications
submitted by TAM met the requirements of the STP Program and authorized TAM to allocate
Measure A funds in the amount $3.48 million to fulfill the fund swap commitment on the
Highway 101 Gap Closure Project; and
WHEREAS, There are sufficient funds in the Strategy 2 line item of the TAM's approved
FY 08/09 budget to cover the proposed action; now, therefore, be it
TA07.AGREEMENTS%07.01 Res.IuonsU000UWS-24 STP Swap Measure A Allocallons.doc Page 1 of
RESOLVED, That the Transportation Authority of Marin hereby allocates a total of $3.48
million in Measure A funds for eligible STP projects under Strategy 2 for FY 08/09 in the
following distributions: $1,928,321 for Marin County, $21,398 for the City of Belvedere, $99,896
for the Town of Corte Madera, $54,914 for the Town of Fairfax, $110,756 for the City of
Larkspur, $153,675 for the City of Mill Valley, $366,579 for the City of Novato, $28,935 for the
Town of Ross, $145,395 for the Town of San Anselmo, $415,620 for the City of San Rafael,
$53,872 for the City of Sausalito, and $100,639 for the Town of Tiburon; and be it further
RESOLVED, That the Transportation Authority of Marin finds the allocations of funs to
be in conformance with the priorities and funding levels established in the Measure A
Expenditure Plan and the 2008 Measure A Strategic Plan Update; and be it further
RESOLVED, That the Transportation Authority of Marin hereby authorizes the actual
expenditure (cash reimbursement) of funds for these activities to take place subject to the Fiscal
Year Cash Flow Distribution Schedules detailed in the attached Allocation Request Forms; and
be it further
RESOLVED, That as a condition of this authorization for expenditure, the Executive
Director shall impose such terms and conditions as are necessary for the project sponsors to
comply with applicable law and adopted Authority policies and execute Funding Agreements
with the project sponsors to that effect; and be it further
RESOLVED, That as a condition of this authorization for expenditure, the referenced
project sponsors shall provide the Authority with any other information it may request regarding
the use of the funds hereby authorized.
PASSED AND ADOPTED at a regular meeting of the Transportation Authority of Marin held on
the 25th day of September 2008, by the following vote:
AYES: Commissioners: Adams, Breen, Brown, Cock, Connolly (Alternate), Kinsey,
Lundstrom, Maggiore, McGlashan, Skall
NOES: Commissioners:
ABSENT: Commissioners: Albritton, Arnold, Boro, Dillon -Knutson, Donnell, Fredericks,
Moulton -Peters
Steve Kinsey, Chair
Transportation Authorit_=n
ATTEST:
Pr�30�1�_
Dianne Steinhauser
Executive Director
T107. AGREEMENTS107.01 ResolulionsU008@00&24 STP Swap Measure A Nlocalions.doo Page 2 of 2
EXHIBIT C
Project Closeout Report (sample format)
(Due with final reimbursement request)
Final amount spent on this project, including non -Measure funds:
Describe any significant scope change from the Allocation Request Form, if any:
Date that the project was opened for public use:
Was there any ground -breaking and/or ribbon -cutting ceremony? If so, list dates:
Provide copies of any press releases issued, if any:
Provide digital photographs of complete project, including a photograph of Measure A signage:
T:\14. PROJECTS ANO PROGRAMS\14.00 Measure A Allocation Requ Ns Funding Agreemenb\S1MNyWTP Swap\Exhibit 0 P Jed ClpseoN ne OMou Page oft