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PW TAM Funding Agr. A-FY18-14; Measure A; Amendment 1AMENDMENT NO. 1 TO FUNDING AGREEMENT A-FY18-14 BY AND BETWEEN THE TRANSPORTATION AUTHORITY OF MARIN AND THE CITY OF SAN RAFAEL THIS AMENDMENT NO. I to Funding Agreement A-FY18-14 is made and entered into this l I � — day of 2011 , by and between the Transportation Authority of Marin, hereinafter referred to as "TAM," and the City of San Rafael, hereinafter referred to as "RECIPIENT." RECITALS: WHEREAS, TAM and the RECIPIENT entered into Funding Agreement A -FY -18-14 ("AGREEMENT") for allocation of Transportation Sales Tax (Measure A) funds from Strategy 3.2 of the Measure A Strategic Plan to complete work on projects identified as Local Infrastructure for All Modes in the Measure A Expenditure Plan; and WHEREAS, Section 3 of AGREEMENT obligated RECIPIENT to complete work in accordance to the RECIPIENT's Measure A Sales Tax Program Allocation Request Form; and WHEREAS, Section 4 to AGREEMENT stipulated the maximum cost to TAM for services to be provided by the RECIPIENT shall not exceed $678,233; and WHEREAS, TAM and RECIPIENT desire to amend AGREEMENT to augment the scope of work and increase the maximum cost to TAM by $646,674 to complete work identified in EXHIBIT E; and NOW, THEREFORE, The parties agree to amend AGREEMENT as set forth below. AGREEMENT: A. The parties shall perform under this Amendment upon the same terms and conditions as the AGREEMENT except as amended herein below. B. Section 3 of AGREEMENT is hereby amended to read, as follows: SECTION 3. PROJECT DEFINITION AND SCOPE This AGREEMENT, approved through TAM Resolutions 2017-07 and 2018-07, in accordance with the requirements of TAM's Measure A Expenditure Plan and Strategic Plan, is made for the funding of the following projects ("Projects") identified in the RECIPIENT's Measure A Sales Tax Program Allocation Request Forms (Attached): Local Infrastructure for All Modes Additional information on project scope is included in the Measure A Sales Tax Program Allocation Request Forms. I II Pll Wf(Il \BII'k1Nik„Ii WIWINI.—\\ILcamn-,—, IJ 11111.21.",F Fonwn.ILxlu]1114n1cpl}Il1n 191)_u111!—,—1:'IN' III— 11-61.1„ c.1l-mu1 I- Page I of2 kA-3--Io4 C. Section 4 of AGREEMENT is hereby amended to read, as follows: SECTION 4. GRANT TAM hereby grants to the RECIPIENT the sum of $678,233 as designated in TAM Resolution No. 2017-07, approved June 22, 2017, and $646,674 as designated in TAM Resolution No. 2018-07, approved June 28, 2018, which are included in this AGREEMENT by reference. D. Section 34 of AGREEMENT is hereby amended to read, as follows: SECTION 34. EXHIBITS The following Exhibits are hereby made part of this AGREEMENT: 1. EXHIBIT A: Conditions on Sub -Strategy 3.2 2. EXHIBIT B: FY 17118 Allocation Request Form 3. EXHIBIT C: Project Report (Sample Format) 4. EXHIBIT D: TAM Board Resolution 2017-07 5. EXHIBIT E: FY 18119 Allocation Request Form 6. EXHIBIT F: TAM Board Resolution 2018-07 IN WITNESS WHEREOF, The parties have executed this Amendment No. I on the date first above written. CITY OF SAN RAFAEL: TRANSPORTATION AUTHORITY OF MARIN: S�' By: _ By: Aut ori zed ignature Dianne St ie nhauser, Executive Director Jim Schutz Name (Print) City Manager Title Approved as to form (optional): By: Attorney, City of San Rafael Lisa A. Goldfien Name (Print) 1 14 MW L I< vu rww;x,kn ., ,F-1-1. a , ­,, _, \ '1111-1'.',d, I I - Page 2 of 2 Exhibit E Transportation Authority of ;Marin Measure A — Transportation Sales Tax Funds Allocation Request Form Fiscal Year of Allocation: 2018 19 Expenditure Plan: Local Roads and Related Infrastructures (Strategy 3.2 of Measure A) Project Name: Street Resurfacing 18 19 Implementing Agency: City of San Rafael Department of Public Works Scope of Work: Street Resurfacing 1819: Each year, the City identities 2-3 miles of local roads that are in critical need of resurfacing. Local roads to be resurfaced are selected based on their Pavement Condition Index (PCI), which is a rating based on the last time the street was overlaid and the physical condition of the roadway. Roads with the highest need, PCI rating of 60 or lower, are selected for that year's resurfacing. Resurfacing includes a grind of the existing roadway and overlay of new asphalt. Some streets will be micro sealed as well — which can extend the life of the resurfacing. The installation of ADA ramps may be included, depending upon the extent of the resurfacing work done on the road. Resurfacing of an entire road will trigger replacement of non -accessible curb ramps, however deep lift asphalt concrete pavement repairs will leave existing curb ramps in place. The exact roadways which will be resurfaced in FY 2018-19 have not yet been finalized, however the preliminary list is included below: California Ave Fifth Street Windsor Avenue Hoag Avenue Francisco Blvd. East Canal Street Windsor Avenue Chestnut Avenue California Avenue Mirada Avenue Las Flores Avenue Corrillo Drive El Prado Avenue Merrydale Road Corrillo Drive Marinita Avenue Belle Avenue Jewell Street Hazel Court Irwin Street End Holly Drive Hyacinth Way Las Pavadas Avenue Las Ovejas Avenue Del Ganado Road End Corrillo Drive EI Prado Avenue End Las Flores Avenue El Prado Avenue Corrillo Drive Broadview Court Broadview Drive End Broadview Drive Jewell Street End Canal Street Sonoma Street End T114. PROJECTS AND PROGRAMS'.14 00 Measure A Allocation Requestsk14 00 02 Funding AgreementsN4 0002 03 Strategy 314 00 02 02 03.02 Suhstrategy 3 21FY 1819kRequests Recelve&San RafaellAttachment 2 - FY 18-19 San Rafael Measure A ARF DOC Page 1 of 2 Bellam Boulevard EB 1580 Kerner Boulevard Bellam Boulevard WB 1 580 Kerner Boulevard Belle Avenue Grand Avenue Grand Avenue St. Francis Lane Palm Avenue End Cost of Scope: Street Resurfacingl8. 19: $646,674 Measure A Available Amount: $646,674 Total Requested Amount: $646,674 Other Funding: The remaining $1,013,326 ($1,660,000 - $646,674) for FY 2018-19 Street Resurfacing will be financed with State Gas Tax monies. Cash flow Availability (leave blank): Project Delivery Schedule (include start & completion milestones): Street Resurfacing 18. 19: Summer 2019 Start Design: August 2018 Complete Design: January 2019 Start Bid: February 2019 Complete Bid: March 2019 Start Construction: May 2019 End Construction: August 2019 Environmental Clearance: Categorically exempt. T14 PROJECTS AND PROGRAMT.14 00 Measure A Allocation RequesIM14 00 02 Funding Agreements114 00 02 03 Strategy 3114 00 02.02 03 02 Substralegy 3 2�FY 1019V2equest5 Received'.San RafaeMllachment 2 - FY 115- 19 San Rafael Measure A ARF DOC Page 2 of 2 Exhibit F TAM RESOLUTION NO. 2018-07 RESOLUTION OF THE TRANSPORTATION AUTHORITY OF MARIN FOR THE ALLOCATION OF $3,267,611 IN TRANSPORTATION SALES TAX (MEASURE A), STRATEGY 3.2, FUNDS TO BELVEDERE, CORTE MADERA, FAIRFAX, LARKSPUR, MILL VALLEY, NOVATO, ROSS, SAN ANSELMO, SAN RAFAEL, SAUSALITO, TIBURON, AND MARIN COUNTY WHEREAS, 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 (Transportation Sales Tax or TST); and WHEREAS, The tax proceeds will be used to pay for the programs and projects outlined in TAM's Expenditure Plan; and WHEREAS, TAM has developed a Strategic Plan to provide guidance on implementing the Expenditure Plan; and WHEREAS, The Strategic Plan programs TST funds over a 20 -year period to the four strategies listed in the Expenditure Plan, including Strategy 3.2, Local Infrastructure for all Modes; and WHEREAS, TST funds for Strategy 3.2, Local Infrastructure for all Modes, are programmed under the Strategic Plan to Marin County and the cities or towns of Belvedere, Corte Madera, Fairfax, Larkspur, Mill Valley, Novato, Ross, San Anselmo, San Rafael, Sausalito, and Tiburon for infrastructure improvement projects that are prioritized by the respective Public Works Directors; and WHEREAS, TST funds for Strategy 3.2 can be used for street and road projects, local transit projects, and bicycle and pedestrian projects. WHEREAS, Infrastructure improvement projects funded with TST funds for Strategy 3.2 will be approved by the County's and Cities' governing boards at public meetings, and WfIEREAS, The project sponsors are requesting funds from Strategy 3.2 that have been accumulated for FY 18/19; and WHEREAS, These allocations are consistent with the 2018 TST Strategic Plan Update; and WHEREAS, There are sufficient funds in the Strategy 3.2 line -item of the TAM's approved FY 18/19 budget to cover the proposed action; and WHEREAS, After reviewing the request in coordination with project sponsors, TAM staff recommended allocating $3,267,611 in TST funds as requested; now, therefore, be it TA07 AGREEMENTS07 01 Reso utions1201812018-07 Measure A Local Infrastructure.docx Page 1 of 2 RESOLVED, That the Transportation Authority of Marin hereby allocates a total of $3,267,611 in TST funds for eligible projects under Strategy 3.2 for FY 18!19 in the following distributions: $32,427 for the City of Belvedere, $116,658 for the Town of Corte Madera, $91,360 for the Town of Fairfax, $131,746 for the City of Larkspur, $186,480 for the City of Mill Valley, $597,496 for the City of Novato, $33,611 for the Town of Ross, $112,487 for the Town of San Anselmo, $646,674 for the City of San Rafael, $92,468 for the City of Sausalito, $114,275 for the Town of Tiburon, and $1,111,930 for the County of Marin; and be it further RESOLVED, That the Transportation Authority of Marin finds the allocations of these funds to be in conformance with the priorities and funding levels established in the TST Expenditure Plan and the 2018 TST 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 Schedule 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 respective 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 28'h day of June 2018, by the following vote: AYES: Commissioners: Andrews, Arnold, Campbell, Colbert, Colin, Connolly, Fredericks, Hillmer, Kuhl, Lucan, Moulton -Peters, Reed, Rice, Rodoni, Sears NOES: Commissioners: None ABSENT: Commissioners: _] � �-4'_4 c_ — h r Stephanie Moulton -Peters, Chair Transportation Authority of Mar n ATTEST: 0i e Dianne §teinhauser / Executive Director T \07 AGREEMENTS\07 01 Resolutions\201 11\2018-07 Measure A Local Infrastructure docx Page 2 of 2 TAM AGREEMENT A-FY18-14 FUNDING AGREEMENT BETWEEN TRANSPORTATION AUTHORITY OF MARIN AND CITY OF SAN RAFAEL This AGREEMENT is made this g~-·-day of ~~ , 2o tg _. 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", a local public agency. SECTION 1. RECITALS I. The voters of Marin County approved the authorization of Measure A, thereby authorizing that TAM be given the responsibility to administer the proceeds from a one-half cent transportation sales tax (TST) to fund transportation-related projects and programs in Marin County. 2. The proceeds will be used to pay for the programs and projects outlined in the Measure A Expenditure Plan and further guided by the Measure A Strategic Plan. 3. According to the Measure A Expenditure Plan, local streets and roads funds are provided to local cities, towns, and Marin County (local agencies) to be used for any local transportation need, including streets and roads projects, local transit projects, bicycle pedestrian projects and other transportation uses. 4. Each project will be required to consider the needs of all roadway users and, where feasible, locally defined bicycle and pedestrian projects will be implemented at the time a roadway is improved. 5. Local priorities would be detem1ined by each local agency's Public Works Director with approval of their goveming board in a public meeting, 6. For FY I 7118, additional reserve Measure A funds were made available to supplement the annual allocation of local streets and roads funds. 7. The Expenditure Plan authorized TAM to set aside reserve funds of up to 10% of the annual receipts from the tax for contingencies to ensure that the projects included in this Strategic Plan are implemented on schedule. 8. The TAM Board established a 5% reserve when the Strategic Plan was initially adopted, which was targeted at approximately $3.5 million. 9. The Measure A Program has accumulated approximately $5.382 million in reserve funds, which is $1.882 million more than the requisite amount of $3.5 million; and 10. The excess reserve funds of approximately $1.882 million were programmed to three of four strategies in the Strategic Plan in same proportional percentage prescribed in the Expenditure Plan. 11. Strategy 2 was excluded from the programming of reserve funds because the project for Strategy 2 is complete and the maximum amount of Measure A funds, established by the TAM Board, have already been allocated. Page I of7 12. Strategy 3.2, Local Streets and Roads, was programmed $269,502 of the $1.882 million in excess reserve funds; and 13 The reserve funds in the amount of $269,502 were distributed to local agencies based on population and lane miles, which is the same distribution factor used to distribute Measure A Local Streets and Roads funds. 14. The TAM Board approved the programming and authorization to allocate these Measure A reserve funds on December I, 2016. 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 and conditions (EXHIBIT A). 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 2017-07 of TAM, in accordance with the requirements ofTAM's Measure A Expenditure Plan and Strategic Plan, is made for the following purposes identified in the RECIPIENT's Measure A Allocation Request Form (EXHIBIT B): Local Infrastructure for All Modes Additional information on project scope is included in the Measure A Allocation Request Form. SECTION 4. GRANT TAM hereby grants to the RECIPIENT the sum of$678,233 .00 as designated in Resolution No. 2017-07 (EXHIBIT D), approved June 22, 2017, which is included in this AGREEMENT by reference. SECTION 5. COST ELIGIBILITY Cost eligibility shall be determined by TAM's fapenditure Plan and Strategic Plan policies. Funds may be used for any local transportation need identified by the RECIPIENT's Public Works Director, including streets and roads projects, local transit projects, bicycle pedestrian projects and other transportation uses, as approved by the RECIPIENT's governing board. Where feasible, locally defined bicycle and pedestrian projects will be implemented in conjunction with a related roadway improvement. This could include safety improvements, pedestrian facilities including disabled access, or bicycle facilities such as bike lanes or signage. 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. Page2 of7 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 REC! PIENT shall cooperate with TAM 's project management team and shall provide any requested project infonnation. SECTION 9. ATTRIBUTION AND SIGNAGE If any portion of grant funds is used for production of reports, acknowledgment of the T AM's role shall be included in the documents. If any portion of grant funds is used 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 Funds and TAM (e.g., TAM and RECIPIENT's logos -"Your Measure A Dollars at Work"). For non-constl'Uction capital purchases funded by any portion of grant funds, RECIPIENT shall affix permanent signage identifying TAM and Measure A Funds as a funding source. RECIPIENT shall demonstrate compliance with attribution and signage requirements as an indispensable condition for authorization of Measure A reimbursements for project expenses. SECTION 10. PRESS RELEASES RECIPIENT shall notify TAM in advance of any press releases about project and program activities, particularly groundbreakings and ribbon cuttings, in connection to grant funds expended from this AGREEMENT. SECTION 11. COMPLIANCE WITH LAW In the performance of its obligations pursuant to this AGREEMENT, RECIPIENT shall keep itself fully infonned 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. Page3of7 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 five (5) 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. PAYMENT TAM shall remit payment to RECIPIENT upon written request by the RECIPIENT after the execution of this AGREEMENT. Payment shall not exceed the schedule shown in the Measure A Sales Tax Program Allocation Request Fonn -Fiscal Year Cash Flow Availability. 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 0MB Circular A-87) will not be considered an eligible expense. Funds shall also be expended according to the applicable provisions of the Expenditure Plans and of the Public Utilities Code Section 180000 et seq. TAM shall provide notice to RECIPIENT ofany and all expenditures made by RECIPIENT which are not in compliance with this AGREEMENT or the Expenditure Plans promptly after TAM becomes aware of any such expenditures. 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 perfonned in fulfillment of such requirements shall be provided to the TAM. SECTION 19. CLOSEOUT PROCEDURES AND PROJECT REPORT RECIPIENT shall provide to TAM a Project Report as shown in EXHIBIT C. This report shall include the total ex.penditures for the approved scope, revenues from all funding sources applied for the approved scope of work. 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 Allocation Request Fonn Pagc4 of7 SECTION 20. REPAYMENT OF INELIGIBLE COSTS TAM reserves the right to offset RECIPIENT payback of ineligible costs against future grant approvals for this project or other projects in the Expenditure Plan for which RECIPIENT is the sponsoring agency. SECTION 21, RIGHT TO WITHHOLD If the above items are not provided to TAM by the annual due date 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 for future allocations from RECIPIENT until RECIPIENT has corrected any noted deficiencies to TAM's satisfaction. While funds are being 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 unneeded grant funds prior to, or at the time of, PROJECT closeout. f'unds are detem1ined to be unneeded if they are uncommitted at time of project closeout. SECTION 23. TERMINATION FOR CAUSE RECIPIENT agrees that, upon ten (10) working days written notice, TAM may suspend or tennim1te 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 Plans or 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 originally provided under this Agreement. SECTION 24. CORRECTION OF BREACH 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 REC[ Pl ENT under or in connection with any work, or jurisdiction delegated to RECIPIENT under this AGREEMENT. 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 hannless from any liability imposed for injury (as defined by Government Code Section Page 5 of7 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 In general, termination of financial assistance under this AGREEMENT will not invalidate obligations properly incurred by RECIPIENT before the termination date; to the extent those obligations cannot be canceled. 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 19. INDEPENDENT AGENCY RECIPIENT perfonns the terms and conditions of this AGREEMENT as an entity independent ofTAM. None of RECIPIENT'S agents or employees shall be agents or employees of TAM. SECTION 30, ASSIGNMENT The AGREEMENT may not be assigned, transferred, hypolhecated, 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 contemplated. RECIPIENT may not use GRANT funds, or other TAM programmed funds, for the aforementioned purpose. Page 6 of7 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: EXHIBIT A: Conditions on Local Infrastructure for All Modes EXHIBIT B: Allocation Request Fonn EXHIBIT C: Project Report (Sample Format) EXHIBIT D: TAM Board Resolution 2017-07 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 tenns and conditions of this AGREEMENT. The parties have executed this AGREEMENT as of the date first written above. City of San Rafael Jim Schu.~t=z _______ _ Print Name City Manager Print Title Approved as to form (optional): o,~ By: __ ~_......._ ~ .__ __ City of San R~I, Attoy By: ..L..l~-,c.._.l.,!t:....d,C,llL~L___l,~V~K/ I Dianne Steinhauser, Executive Direct r Page 7 of7 Exhibit A Conditions on Local Infrastructure for All Modes Recipient agrees that it shall: 1. Agree to the formula used in the allocation of the funds as reflected in the Expenditure Plan, and agree to the use of the State Department of Finance Estimates of Population figures (Report E-1, updated each May) for California cities and counties for the biennial update of the allocation formula. 2. Set up an appropriate system of interest bearing accounts and reporting for funds received. The accounting system shall provide adequate internal controls and audit trails to facilitate a periodic compliance audit for the funds which shall be maintained for the duration of the Agreement plus five years after discharge. 3. Provide TAM with the number of maintained road miles within Recipient's jurisdiction which shall be consistent with the miles reported to state and federal agencies and that contained in the Recipient's pavement management system. Recipient shalt provide TAM with the number of maintained road miles biennially beginning in April 2005, even if there were no changes in the number of miles. 4. In the event Recipient's expenditures in a fiscal year are less than the amount the Recipient has received, provide an explanation of why the revenues exceeded expenditures and how the Recipient plans to allocate the funds to future projects 5. Within 60 working days of the end of each fiscal year, provide a Project Report for projects upon which funds were expended. The Project Report shall show the amount spent in that reporting year, including the total estimated project costs, the total expenditures to date, a brief description (including digital photographs) and location of the projects, and the benefits to be realized from said project (see Project Report, Exhibit C). The Report must also include a description and photograph of Measures A and 8 signage and the number of signs posted. 6. As part of the Project Report, include a statement, signed by the Recipient's Public Works Director, certifying the Report's compliance with the provisions of this AGREEMENT. A resolution by the Recipient's governing board approving the project in a public meeting should be attached to the Report. 7. Provide updated and accurate infonnation (including digital photographs of the projects before, during and after construction) for TAM's website, highlighting projects or programs in which funds received by Recipient have been used. 8. Provide updated and accurate information on Recipient's website, in order to infonn the public, on how funds are being used in the Recipient's jurisdiction. Also provide a link on the Recipient's website to TAM's website. 9. Make available, upon request from TAM, Recipient's administrative officer or designated staff to render a report or answer any and all inquiries in regards to its receipt, usage and compliance audit findings of funds before the TAM Board. Page 1 of 2 10. If after the close of the third fiscal year, minimal or no funds have been expended on projects, TAM reserves the right to withhold the fifth year's funds allocation until the Recipient's allocation is drawn down. 11. Provide parcel land use information for the annual TAM transportation modeling update. 12. Provide evidence of Pavement Management System certification in accordance with section 2108.1 of the Streets and Highway Code. MTC requires cities and counties submitting pavement maintenance and rehabilitation projects for funding to utilize a Pavement Management Program. Page 2 of 2 EXHIBITB Transportation Authority of Mario Measure A-Transportation Sales Tax Funds Allocation Request Form Fiscal Year of Allocation: 2017/18 Expenditure Plan: Local Roads and Related Infrastructures (Strategy 3.2 of Measure A) Project Name: Street Resurfacing FY 2017/18 Implementing Agency: City of San Rafael Scope of Work: Each year, the City identifies 2~3 miles of local roads that are in critical need of resurfacing. Local roads to be resurfaced are selected based on their Pavement Condition Index (PCI), which is a rating based on the last time the street was overlayed and the physical condition of the roadway. Roads with the highest need, PCI rating of 60 or lower, are selected for that year's resurfacing. Resurfacing includes n grind of the existing roadway and overlay of new asphalt. Some streets will be microsealed as well -which can extend the life of the resurfacing. The installation of ADA ramps may be included, depending upon the extent of the resurfacing work done on the road. Resurfacing of an entire road will trigger replacement of non-accessible curb ramps, however deep lift asphalt concrete pavement repairs will leave existing curb ramps in place. The exact roadways which will be resurfaced in FY 2017-18 have not yet been finalized, however the preliminary list is included below: Street Name Las Ovejas Avenue Marquard Avenue Marinlta Avenue Oak Tree Court Windsor Avenue Hazel Court Bayview Street Broadview Court Beg/~ LtJC_atian Del Ganado Road West Street Belle Avenue Upper Oak. Drive 110 Windsor Avenue Irwin Street i Taylor Street : Broadview Drive BndLocadon Street End West End Avenue Jewell Street End Chestnut Avenue End D Street End Cost of Scope: $1,500,000 for FY 2017-18 (proposed to use $678,233 of requested funds) Measure A Strategy 3,2 Funds Available Amount: $625,592 Measure A Reserve Funds Available Amount: $52,641 Total Requested Amount: $678,233 Other Funding: The remaining $821,767 ($1,500,000-$678,233) for FY 2017-18 Street Resurfacing will be financed with State Gas Tax monies. Cash flow Availability: I 00% available in FY 17118 Page 1 of2 EXHIBIT B Project Delivery Schedule (include start & completion milestones): Start Design: I I / I /20 17 Complete Design: 12/3 I /2017 Start Bid: 3/1/2018 Complete Bid: 3/31 /2018 Start Construction: 5/15/2018 End Construction: 8/13/2018 Environmental Clearance: Categorically exempt. Page2of2 EXHIBIT C Project Report (sample format) (due within 60 days of the end of each fiscal year) Amount spent in this reporting year - Total estimated project costs Total expenditures to date Project locations and descriptions (please provide digital photographs for each project) Benefits realized from project(s) Measures A and B slgnage: Number of signs posted: Attach a statement, signed by the City Public Works Director, certifying the reports compliance with the provisions of the funding Agreement Attach a resolution by the Governing Board approving the project(s) Attach the project worksheet template (sample follows) for each project included in the Project Report. Page 1 of2 Local Roadway Project Report, Part I Name of roadway: Project limits: Jurisdiction: Description of maintenance project: Roadway's Pavement Condition Index: Date of last PC/ Evaluation: Multl-Modal and Safety-Related Considerations According to the Measures A and B Expenditure Plans, each local road project will be required to consider the needs of all roadway users. Where feasible, locally defined bicycle and pedestrian projects will be implemented at the time a roadway is improved. Improvements could include striping and signing for bicycle lanes and bikeways, sidewalk improvements. curb ramps, and other accessibility and safety improvements. Please discuss, in the following three sections, considerations for multi-modal and safety-related Improvements as a part of the local road maintenance project. 1. Safety Improvements: Describe safety-related improvements considered as a part of the project (refer to collision statistics, traffic volumes, roadway functional classification and other information, as appropriate). Discuss whether these improvements are feasible and indicate if they could or could not be included as a part of the project. If not, state why. 2. Pedestrian and Disabled Persons Facilities: Describe pedestrian and ADA-related Improvements considered as a part of the project (refer to pedestrian master plans, ADA transition plans, school and transit access considerations, and other infonmation, as appropriate). Discuss whether these improvements are feasible and indicate if they could or coutd not be included as a part of the project. If not, state way. 3. Bicycle Facilities: Describe bicycle-related improvements considered as a part of the project (refer to bicycle master plans and other information. as appropriate). Discuss whether these Improvements are feasible and indicate if they could or could not be included as a part of the project If not, state why. Page 2 of2 EXHIBITD TAM RESOLUTION NO, 2017-07 RESOLUTION OF THE TRANSPORTATION A\ITHORITY OF MARIN FOR THE ALLOCATIONS OF $3,186,916 IN MEASURE A STRATEGY 3.2 FUNDS AND Sl14,199 IN MEASURE A RESERVE FUNDS TO BELVEDERE, CORTE MADERA, FAIRFAX, LARKSPUR, MILL VALLEY, NOVA TO, ROSS, SAN ANSELMO, SAN RAFAEL, SAUSALITO, TIBURON, AND MARIN COUNTY WHEREAS, The voters of Marin County approved the authorizations of Measure A and Measure at the General Elections held on November 2, 2004 and November l 0, 20 IO, respectively, thereby authorizing that TAM be given the responsibility to administer the proceeds from a one-half cent transaction and use tax (TST); and WHEREAS, The TST proceeds will be used to pay for the programs and projects outlined their respective Expenditure Plans; and WHEREAS, TAM has developed Strategic Plans to provide guidance on implementing the Expenditure Plans; and WHEREAS, The Measure A Strategic Plan programs TST funds over a 20 year period to the four strategies listed in the E!xpenditure Plan, including Strategy 3.2, Local Infrastructure for all Modes; and WHEREAS, The TAM Board established a 5% reserve when the Measure A Strategic Plan was initially adopted; and WHEREAS, TAM has accumulated approximately $5.382 million in reserve funds, which is $1.88 million more than the requisite amount of $3.5 million; and WHEREAS, On February 23, 2017, the TAM Board programmed the excess reserve funds of $1.882 million to four strategies in the Strategic Plan in same percentage prescribed in the Expenditure Plan; and WHEREAS, The proportionate share for Strategy 3.2 from the Reserve funds amount to $269,502; and WHEREAS, Mill Valley and Marin County's shares were previously allocated to the TAM Junction Project and Novato has deferred requesting its share, leaving $1 I 4,199 in Reserve funds available for allocation; and WHEREAS, Measure A funds for Strategy 3.2 and Reserve funds are programmed under the Strategic Plans to Marin County and the cities or towns of Belvedere, Corte Madera, Fairfax., Larkspur, Page 1 of 3 Mill Valley, Novato, Ross, San Anselmo, Sa.n Rafael, Sausalito, and Tiburon for infrastructure improvement projects that are prioritized by the respective Public Works Directors; and WHEREAS, Measure A funds for Strategy 3.2 and Reserve funds can be used for street e.nd road projects, local transit projects, and bicycle and pedestrian projects; and WHEREAS, Infrastructure improvement projects funded with Measure A funds for Strategy 3.2 and Reserve funds will be approved by the County's and Cities' governing boards at public meetings, and WHEREAS, The project sponsors are requesting TST funds from Strategy 3.2 and Reserve funds that have been accumulated for FY 17/18; and WHEREAS. These allocations are consistent with the Measure A Strategic Plans; and WHEREAS, There are sufficient funds in Lhe Strategy 3.2 and Reserve line-items of the TAM's approved FY 17/18 budget to cover the proposed action; and WHEREAS, After reviewing the request in coordination with project sponsors, TAM staff recommended allocating $3,186,916 in Measure A Strategy 3.2 funds and $114,199 in Measure A Reserve funds, as requested; now, therefore, be it RESOLVED, That the Transportation Authority of Marin hereby allocates a total of$3,186,916 in Measure A Strategy J .2 funds and $114, 199 in Measure A Reserve funds for eligible projects under Strategy 3.2 for FY l 7/ l 8 in the following distributions: $33,875 ($31,323 in Strategy 3 .2 & $2,643 in Reserve) for the City of Belvedere, $121,808 ($ I 12, 179 & $9,629) for the Town of Corte Madera, $95,217 ($87,640 & $7,577) for the Town of Fairfax, $135,814 ($125,246 & $10,568) for the City of Larkspur, $181,654 (Strategy 3.2) for the City of Mill Valley, $580,019 (Strategy 3.2) for the City of Novato, $35,259 ($32,507 & $2,752) for the Town of Ross, $153,477 ($141,499 & $11,948) for the Town of San Anselmo, $678,233 ($625,592 & $52,641) for the City of San Rafael, $91,668 ($84,453 & $7,215) for the City of Sausalito, $119,493 ($110,267 & $9,226) for the Town of Tiburon, and $1,074,628 (Strategy 3 .2) for the County of Marin; and be it further RESOLVED, That the Transportation Authority of Marin finds the allocations of these funds to be in conformance with the priorities and funding levels established in the Measure A Expenditure Plan and the Measure A Strategic Plan Updates; 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 Schedule 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 Page 2 of3 applicable law and adopted Authority policies and execute Funding Agreements with the respective 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 aulhorized. PASSED AND ADOPTED at a regular meeting of the Transportation Authority of Marin held on the 22~d day of June 2017, by the following vote; AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ATTEST: Arnold, Connolly, Fredericks, Furst, Hillmer, Kuhl, Lucan, McCaskill, Mcinerney, Moulton-Peters, Phillips, Reed, Rice, Rodoni, Sears, Withy None None ~L LI-- Stephanie Moulton-Peters, Ch ir Transportation Authority of nrin 62~~~ Executive Director Page 3 of 3 ~- June 5, 2018 Mr. David Chan Transportation Authority of Marin 900 5th Avenue, Suite #100 San Rafael, CA 94901 Re: FY 2017-18 Measures A Payment Request Dear Mr. Chan: File# 01.25.21 On accordance with Funding Agreement A-FY18-14, I am writing to request full payment of San Rafael's FY 2017-18 Measure A allocations: Measure A: $678,233 Please contact me at 415-485-3354 or ta lia.smith@cityofsan rafael.org if you have any questions or need additional information. Sincerely, Talia Smith Senior Management Analyst Attachments 1. TAM Funding Agreement A-FY18-14 -signed by City of San Rafael 2. Invoice 1183 from City of San Rafael to Transportation of Marin for payment of Measure A Strategy 3.2 Funds -$678,233 cc: Bill Guerin, Public Works Director Van Bach, Accounting Manager I I l I r I I r . f I I I I I I ◄ ' I I ' I I \ r f ' I L• f ,_ I I ' I r 11 ' 1 I I I ~ J I I f I I ' Gary O. Phillips, Mayor• Kate Colin, Vice Mayor• Maribeth Bushey, Cauncllmembet" • John Gamblin, Councllmember • Andrew Cuyugan McCullough, Councllmeml>llr City of San Rafael 1400 Fifth Avenue San Rafael, CA 94901 US 41 5-485-3453 Bill. TO Transportation Authority of Marin 900 5th Avenue, Suite #100 San Rafael, CA 94901 ~- INVOICE 1183 DATE 06/05/2018 DUE DATE 06/3012018 DATE ACTIVITY QTY RATE AMOUNT 06/05/2018 Services City of San Rafael -FY 18 Transportation Sales Tax Measure A Strategy 3.2 -Street Resurfacing GL# 206-44-48001-5526 1 678,233.00 678,233.00 TOTAL DUE $678,233.00 1400 FIFTH AVENUE SAN RAFAEL, CA 94901 WWW.CITYOFSANRAFAEL.ORG