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HomeMy WebLinkAboutCC Resolution 13634 (TAM Funding Agr.; 2013-014; FY 2013-14)RESOLUTION NO. 13634 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE FUNDING AGREEMENT #2013-014 BETWEEN THE TRANSPORTATION AUTHORITY OF MARIN AND THE CITY OF SAN RAFAEL, THEREBY AUTHORIZING THE ALLOCATION OF $522,334 IN MEASURE A FUNDING AND $438,315 IN MEASURE B FUNDING FOR FISCAL YEAR 2013-2014. WHEREAS, on August 1, 2006, the San Rafael City Council adopted Resolution # 12174, which approved funding agreement #2007-012 between the City of San Rafael and 'TAM; and WHEREAS, that agreement established terms for the use of annual funding allocations for the maintenance of local roads and infrastructure generated by Measure A, a one-half cent transaction and use tax approved in the General Election held on November 2, 2004; and WHEREAS, the San Rafael City Council subsequently authorized the execution of 6 amendments to the original funding agreement, through FY 12-13; and WHEREAS, Marin voters approved Measure B on November 2, 2010, which increased the State Vehicle Registration Fee (VRF) by $10; and WHEREAS, Measures A and B authorize the Transportation Authority of Marin to distribute funds raised by the transportation and use tax and the VRF increase to local jurisdictions for multi -modal, public right-of-way projects; and WHEREAS, TAM has initiated an updated funding agreement that must be executed to release San Rafael's FY 13-14 Measure A allocation of $522,334 and the City's Measure B allocation of $438,315; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael authorizes the Director of Public Works to execute Funding Agreement 42013-014 between TAM and the City. 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 4"' of November, 2013, by the following vote, to wit: AYES: COUNCIL, MEMBERS: Colin, Connolly, Heller, McCullough & Mayor Phillips NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ESTHER C. BEIRNE, Cite Clerk File No.: 16.13.09 TAM AGREEMENT #2013-014 FUNDING AGREEMENT BETWEEN TRANSPORTATION AUTHORITY OF MARIN AND CITY OF SAN RAFAEL This AGREEMENT is made this _ t_ day of -� - 2013, by and between the Transportation Authority of Marin, hereinafter referred to as 1' I M", a local public agency, and the City of San Rafael, hereinafter referred to as "RECIPIENT", a local public agency. SECTION 1. RECITALS 1. The voters of Marin County approved the authorization of Measures A and B, thereby authorizing that TAM be given the responsibility to administer the proceeds from a one-half cent transportation sales tax (TST) and a $10 increase in the vehicle registration fee (VRF), respectively, 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 Measures A and B Expenditure Plans and further guided by the Measures A and B Strategic Plans. 3. According to the Measure A TST 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. According to the Measure B VRF Strategic Plan, thirty-five percent (35%) of funds will be distributed to sponsors, under Element 1.1, for local streets maintenance and improvements. 5. 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, 6, Local priorities would be determined by each local agency's Public Works Director with approval of their governing board in a public meeting. 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 2013-04 of TAM, in accordance with the requirements of TAM's Measures A and B Expenditure Plans and Strategic Plans, is made for .a-f<!l,n;;CIY I NO l' h„Uk+M:"i 19Mo ,,AAY wa...n Ye4l"lir4Xi(.'.", "t", Lb x, I!4.10 1! 0 UZ^,una"a ,i ill 13'1ar t„_;,F,,,J,, A-,-' Page 1 o 7 the following purposes identified in the RECIPIENT's Measures A and B Allocation Request Form (Attached): Local Infrastructure for All Modes Additional information on project scope is included in the Measures A and B Allocation Request Form. SECTION 4. GRANT TAM hereby grants to the RECIPIENT the sum of $960,649.00 as designated in Resolution No. 2013-004, approved June 27, 2013, which is included in this AGREEMENT by reference. SECTION 6. COST ELIGIBILITY Cost eligibility shall be determined by TAM's Expenditure 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. 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 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 and/or Measure B Funds and TAM (e.g., TAM and RECIPIENT's logos — "Your Measure A and/or Measure B Dollars at Work"). For non -construction capital purchases funded by any portion of grant funds, RECIPIENT shall affix permanent signage identifying TAM and Measure A and/or Measure B Funds as a funding source. RECIPIENT shall demonstrate compliance with attribution and e aaec.�e air. t+carunMs+re unw«roa,a�omw+w.F,:.<�r.:=,„,via +arere,xn+s+ti:wox¢a eaee.w^++eine: azaa.cc.,nwarar.Kr Daus.., ae.t�.r.wcs aa,.•a,�ro xa ate. Page 2 of 7 signage requirements as an indispensable condition for authorization of Measures A and B 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 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 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 Form - 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 OMB Circular A-87) will not be considered an eligible expense. Funds shall also be expended T"i ?ri�•l.":.AIF✓HRGuFc}�S�•iA'h9+mS.uSAF•iz;:.:t:F-!'WW<eU'`6 Lti:l: rgwna R9 uemm^se:'4�C'SJI:YdTYY']'d:CCft1:1'}��i SWxna4pf 121'iSf.',l:at heNaYF.vrilrN A?�am*netN 2i l:f iit6 m:• 1—age 3 of 7 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 of any 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 performed 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 B. This report shall include the total expenditures 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 Form 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. -,P"IF C's3h_,1'an.,^,rr.,M¢,ld.'qka—A(M'Xr;,r.9hp nJrtc r+a'[e�tn 7— Z67t"+ —Ik WN(I0Tr,^S,--gY':`Fl— Page 4 of 7 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. Funds are determined 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 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 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 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 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. 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 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 from any liability imposed for injury (as defined by Government Code Section 810.8) occur in by reason of anything done or omitted to be done by TAM under or in connection with any work, 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 modified. ,.,, Nqu; _, ti�I I. .>.,w,,,n.H..,wuu. a.,, �,,,,�,z.,.,,.,, r�<<. w, „ :h: .,I 3.M .:>:,a,<5. ,,.,�,.", "W­1:�,,.,.:, Page 5 of 7 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 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 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. '114 uc AcE 3nkc 0.bfra..aA U—'-FnquW'v4 CC f2 GunEvy AwmnmeMs,.a�p,t: G35L a:egY �1<..1^..62 J213, 2211 Vxroa:ry 1.FY1114,2an Rxr.pCr—&Ag .—T'fA!!1A — Page 6 of 7 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 Form EXHIBIT C: Project Report (Sample Format) EXHIBIT D: TAM Board Resolution 2013-04 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: .%i�/'L' By: �' T -r 'lr>` ✓,', Dianne Stein t ser, �( a irector Print Name 21 4 Print Title Approved as to form (optional): City of San Rafael, 4torndy � Print Name r PPP v41'ISM,ecvv A il.I--;n 6uy— tivNC2 S.—,, yl,"x MA l: 7f N:GUa.4a+'. 33 t f.v.hr raltt&,- Page i of F7 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 shall 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 B 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 information (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 inform 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. I - +1i .1L Pp-AM"Il iT -- Aa:,•.:a.;nn Ren,e'.1� kq1—.1x114W0:0.i!—",1311* d 1A mage 1 o 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. I—, n,•;t.,r,Irv'.:,.cti;U Mttt—c(`I—"k—,1, xeC 0, Cat;.Qy!SW402T.93G7;3 " IaCr.,rfr :,ra 1.,: Paget of Transportation Authority of Marin Measure A — Transportation Sales Tax Measure B -- Vehicle License Fee Allocation Request Form Fiscal Year of Allocation: 2013/14 Expenditure Plan: Local Roads and Related Infrastructures (Strategy 3.2 of Measure A and Element 1.1 of Measure S) Project Name: Local Infrastructure for All Modes Implementing Agency: City of San Rafael Scope of Work: As defined by the Expenditure Plan, eligible costs include street and road projects, local transit projects, and bicycle and pedestrian projects. Where feasible, we will implement locally defined bicycle and pedestrian projects in conjunction with related roadway improvements. This could include safety improvements, pedestrian facilities with access for individuals with disabilities, or bicycle infrastructure such as bike lanes or signage. San Rafael will provide a Project Report for projects utilizing TAM funds within 60 working days of the end of FY 13-14, The report will include a project description and an explanation of project benefits. It will also identify the amount spent during the reporting year, including total estimated project costs, project funding sources, and total expenditures. Cost of Scope: The oreliminary budget for San Rafael's upcoming Street Resurfacing Project is $1,500,000, funded as follows: • $ 522,334: FY 13-14 Measure A • $ 438,315: FY 13-14 Measure g • $ 316,612: FY 11-12, 12-13 Construction Vehicle Impact Fees • $ 127,660: FY 11-12, 12-13 Prop 42 allocation • $ 95,079: FY 11-12 Gas Tax • $1,500,000: Total The list of streets for the resurfacing project will be a function of available funds and an analysis of those roadway segments with a Pavement Condition Index (PCI) below 70. There are currently 304 such segments in San Rafael: residential (230, 40.30 miles), arterials (41, 10.36 miles), collectors (33, 9.67 miles). We also consider areas of high maintenance in determining the final list. Strategic Plan Programmed Amount: $960,649: $522,334 (Meas. A) + $438,315 (Meas. B) Requested Amount: $960,649 Other Funding: To be finalized (see Cost of Scope above) Cash flow Availability (leave blank): Project Delivery Schedule (include start & completion milestones): 7/1113-6/3014 T:`',14 PROJECTS AND PROGRAMS�14.00 ^Measure A ALocation Requests',,4.G0.02 Funding Agreementst14.00.02.03 Strategy 3114 00 02.02.03.02 Substrategy 3.2',FV 1314%San Rafael Exhibit B revised Oct 30 2013.doc Page 1 of 2 Environmental Clearance: The City of San Rafael is responsible for environmental clearance. Documentation will be provided in the Project Report. Non -Motorized Travel Considerations: 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? N/A Has a parallel non -motorized facility been designed to accommodate non -motorized travelers? No T'.".4. PROJECTS ANF` PROGR AS`,14 +00 Measure A,A3ocatiorl Requests 04 CD.02 Funding agreements+.14.00.02 03 Strategy 5'14 00.02 02 03.J2 Substrategy 32U=Y 1314\San Rafael\Exhibit B revised Oct 30 2013.doc Pace 2 of 2 City of San Rafael Street Resurfacing 2012-2013 City Project No. 11203 Street Section Type IAllensby Ln Bonnie Banks Wy to Dunfries Te Slurry (Alta Vista Wy Marina Court Or to City Limits Overlay B St Taylor St to Second St Overlay Bonnie Banks Wy Lochinvar Rd to City Limits Slurry De La Guerra Rd Del Ganado Rd to City Limits Slurry Del Ganado Road Las Ovejas Ave to De La Guerra Rd Overlay Del Ganado Rd Manuel T Freitas Pkwy to Las Ovejas Ave Micro Dunfries Te Lochinvar Rd to end Slurry E St 4th St to Mission Ave Overlay Twelve Oak Hill Drive Las Gallinas Avenue to Cedar Hill Or Overlay Fowler Ct 17119 Fowler Ct to End Slurry (Glenwood Or Lincoln Av to End Overlay IGrand Avenue JProspect Or to Lincoln Ave Overlay IGrand Ave (Lincoln Av to End Slurry ILongwood Or IRacquet Club Or to City Limits Overlay IMagnolia Av (Palm Av Deer Park Ave Overlay IMarina Court Or IEmbarcadero Wy to City Limits Overlay IMission Ave Embarcadero Wy (Intersection only) Overlay INorthgate Drive Kohl's to Las Gallinas Ave 11 Overlay INorthgate Or -os Ranchitos Rd to Kohl's Micro Summit Av (w/i city limits) IPt San Pedro to End SLurry ITarrant Ct ISan Pablo Av to End Overlay (Wimbledon Wy ILongwood Or to Longwood dr Micro 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 signage: 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. .1?nJa'C'uNN:.l9vbF,�M'.'ALt�Mre.e.'r A:.GSM„r.+aPage 1oI 2 Local Roadway Project Report, Part I Name of roadway: Project limits: Jurisdiction: Description of maintenance project., Roadway's Pavement Condition Index: Date of last PCI Evaluation: Multi -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 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 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. —1 It!I)1S,T:.\h.'.F40.f.""COV.arro<f"'�A 11"rte Ti1(1CC:C2L1?ui3—f"!.. 911TrI lCp lviq e, Page 2 of 2 Exhibit D TAM RESOLUTION NO. 2013-04 RESOLUTION OF THE TRANSPORTATION AUTHORITY OF MARIN FOR THE ALLOCATIONS OF $2,566,683 IN MEASURE A, STRATEGY 3.2, AND $2,153,823 IN MEASURE B, ELMENT 1.1, FUNDS TO BELVEDERE, CORTE MADERA, FAIRFAX, MILL VALLEY, NOVATO, 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 10, 2010, respectively, thereby authorizing that TAM be given the responsibility to administer the proceeds from a one-half cent transaction and use tax (TST) and vehicle registration fee (VRF); and WHEREAS, The TST and VRF 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 Expenditure Plan, including Strategy 3.2, Local Infrastructure for all Modes; and WHEREAS, The Measure B Strategic Plan program VRF funds to three elements listed in the Expenditure, including Element 1.1, Maintenance of Local Streets; and WHEREAS, Measure A funds for Strategy 3.2 and Measure B funds for Element 1.1 are programmed under the Strategic Plans 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, Measure A funds for Strategy 3.2 and Measure B funds for Element 1.1 can be used for street and 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 Measure B funds for Element 1.1 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 VRF funds from Element 1.1 that have been accumulated for FY 13,114; and ?:'.07, (,GREENIENI-4,07 X01 Veasww A enc 3 h,lv,:utiv,s Low! Roads me Page 1 of 3 WHEREAS, These allocations are consistent with the 2013 Measure A and Measure B Strategic Plan Updates; and WHEREAS, There are sufficient funds in the Strategy 3.2 and Element 1.1 line items of the TAM's approved FY 13/14 budget to cover the proposed action; and WHEREAS, After reviewing the request in coordination with project sponsors, TAM staff recommended allocating $2,566,683 in Measure A funds and $2,153,823 as requested; now, therefore, be it RESOLVED, That the Transportation Authority of Marin hereby allocates a total of $2,566,683 in Measure A funds and $2,153,823 in Measure B funds for eligible projects under Strategy 3.2 and Element 1.1, respectively, for FY 13/14 in the following distributions: $48,623 ($26,438 in Measure A & $22,185 in Measure B) for the City of Belvedere, $166,781 ($90,684 & $76,097) for the Town of Corte Madera, $138,339 ($75,219 & $63,120) for the Town of Fairfax, $277,740 ($151,016 & $126,724) for the City of Mill Valley, $888,328 ($483,011 & $405,317) for the City of Novato, $50,547 ($27,484 & $23,063) for the Town of Ross, $216,473 ($117,703 & $98,770) for the Town of San Anselmo, $960,649 ($522,334 & $438,315) for the City of San Rafael, $133,469 ($72,571 & $60,898) for the City of Sausalito, $168,333 ($91,528 & $76,805) for the Town of Tiburon, and $1,671,224 ($908,695 & $762,529) 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 and Measure B Expenditure Plans and the 2013 Measure A and Measure B 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 cornpiy 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. 'r 107 Wi RF' NMFN*S'.G7.OS Uenv,res A app 13 Akcr Jcr,s ljipnE RoAas, dao Page 2 of 3 PASSED AND ADOPTED at a regular meeting of the Transportation Authority of Marin held on . the 27th day of June 2013, by the following vote: AYES: Commissioners NOES: Commissioners: ABSENT: Commissioners: ATTEST: Dai nne SteInhauser Executive Director Adams, Arnold, Condon (Alternate), Eklund (Alternate), Fredericks, Greene, Nillmer, Kinsey, Kuhl, Moulton -Peters, Phillips, Reed, Sears, Weiner Donnell, Rice Alice Fredericks, Chair Transportation Authority of Marin `07 rIGREEMcNTSW.' 0^ 13-09 tJa we ,, F and 6 Mcca':ons _x� 60 Page 3 of 3 RESOLUTION NO. 13634 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE FUNDING AGREEMENT #2013-014 BETWEEN THE TRANSPORTATION AUTHORITY OF MARIN AND THE CITY OF SAN RAFAEL, THEREBY AUTHORIZING THE ALLOCATION OF $522,334 IN MEASURE A.FUNDING AND $438,315 IN MEASURE B FUNDING FOR FISCAL YEAR 2013-2014. WHEREAS, on August 1, 2006, the San Rafael City Council adopted Resolution 12174, which approved funding agreement 42007-012 between the City of San Rafael and TAM; and WHEREAS, that agreement established terms for the use of annual funding allocations for the maintenance of local roads and infrastructure generated by Measure A, a one-half cent transaction and use tax approved in the General Flection held on November 2, 2004; and WHEREAS, the San Rafael City Council subsequently authorized the execution of 6 amendments to the original finding agreement, through FY 12-13; and WHEREAS, Marin voters approved Measure B on November 2, 2010, which increased the State Vehicle Registration Fee (VRF) by $10; and WHEREAS, Measures A and B authorize the Transportation Authority of Marin to distribute funds raised by the transportation and use tax and the VRF increase to local Jurisdictions for multi -modal, public right-of-way projects; and WHEREAS,TAM has initiated an updated funding agreement that must be executed to release San Rafael's FY 13-14 Measure A allocation of $522,334 and the City's Measure B allocation of $438,315; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael authorizes the Director of Public Works to execute Funding Agreement 04013-014 between TAM and the City. I, ESTHER C. BEIR.'VE, 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 4"' of November, 2013, by the following vote, to wit: AYES: COUNCIL MEMBERS: Colin, Connolly, Heller, McCullough & Mayor Phillips NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ESTHER C. BEIRNE, Citi Clerk File No.: 16.13.09 ��,, MA 1 621141 CITY i CITY OF SAN RAFAEL ROUTING SLIP / APPROVAL FORM INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA / SRCC AGENDA ITEM NO. 2. d DATE OF MEETING: 11/4/13 FROM: Richard Landis DEPARTMENT: Public Works DATE: 10/24/13 TITLE OF DOCUMENT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE FUNDING AGREEMENT #2013-014 BETWEEN THE TRANSPORTATION AUTHORITY OF MARIN AND THE CITY OF SAN RAFAEL, THEREBY AUTHORIZING THE ALLOCATION OF $522,334 IN MEASURE A FUNDING AND $438,315 IN MEASURE B FUNDING FOR FISCAL YEAR 2013-2014. Department Head (signature) (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL / AGENCY AGENDA ITEM: City Manager tstgnature) REMARKS: APPROVED AS TO FORM: City Attorney (signature)"A File No.: 16.13.00 F,�. � � � �> �;� r