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HomeMy WebLinkAboutCC Resolution 13112 (MOU GGHTD)RESOLUTION NO. 13112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE PUBLIC WORKS DIRECTOR TO SIGN THE MEMORANDUM OF UNDERSTANDING WITH GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT FOR UTILIZING STATE TRANSPORTATION ASSISTANCE (STA) FUNDS IN CONJUNCTION WITH PROPOSITION 1B FUNDING. WHEREAS, on the 22"d day of February, 2011, pursuant to due and legal notice the City Council of the City of San Rafael on behalf of the citizens of the City of San Rafael wished to enter into a Memorandum of Understanding with the Golden Gate Bridge, Highway and Transportation District to utilize State Transportation Assistance (STA) Funding in conjunction with Proposition 1B Funding to design and construct transportation and safety improvements along Canal Street from Sonoma Street up to an including portions of Kerner Blvd; and WHEREAS, Golden Gate Bridge, Highway and Transportation District is willing to administer the project funds on behalf of the City of San Rafael for improvements to Canal Street from Sonoma Street up to and including portions of Kerner Blvd. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Rafael, that the Memorandum of Understanding between the City of San Rafael and the Golden Gate Bridge, Highway and Transportation District is hereby accepted. IT IS FURTHER ORDERED AND RESOLVED that the Public Works Director be authorized and directed to execute the Memorandum of Understanding with the Golden Gate Bridge, Highway and Transportation District, in a form approved by the City Attorney. RESOLVED FURTHER that the Director of Public Works is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. I, ESTHER C. BEIRNE, 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 22nd day of February, 2011 by the following vote, to wit: AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 4-- • EL92-( Oef,, ESTHER C. BEIRNE, City Clerk File No.: 18.10.17 MEMORANDUM OF UNDERSTANDING Between GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT And CITY OF SAN RAFAEL This Memorandum of Understanding ("MOU"), effective (Y\ -&r t Vk I > JD ("Effective Date") is entered into by and between the Golden Gate Bridge, Highway and Transportation District ("Bridge District") and the City of San Rafael ("Project Sponsor"). WHEREAS, the Lifeline Transportation Program ("Lifeline") was established by the Metropolitan Transportation Commission ("MTC") to fund projects to improve mobility for low income residents and to address transportation gaps and/or barriers identified in Community - Based Transportation Plans; WHEREAS, the Lifeline program in Marin County is administered by the Transportation Authority of Marin ("TAM"); WHEREAS, in November 2008, TAM approved the following program of projects: Proiect Stuonsor Project Marin County Marin City Transit Hub and Donahue Street ADA Improvements Marin Transit Marin City Community Shuttle Loop and Service to Marin General City of San Rafael Canal Neighborhood Transit Access Improvement Project San Rafael City Schools Ride to School for Parents Shuttle WHEREAS, the particular project for which the City of San Rafael is the project sponsor is referred to herein as "Lifeline Project," and is further described in Appendix A; WHEREAS, Lifeline funding comes from State Transit Assistance ("STA"), Proposition 1-B, and federal Job Access and Reverse Commute (JARC) finds; WHEREAS, the Bridge District is the only eligible recipient in Marin County for STA funds or Proposition 1-B funds; WHEREAS, TAM has requested that the Bridge District serve as a conduit to disburse STA finds or Proposition 1-13 funds for these four Lifeline projects; and WHEREAS, Bridge District is willing to file STA claims and applications for Proposition 1 B finds in order to obtain and pass through funds designated for the implementation of these four Lifeline projects; and WHEREAS, Bridge District has no role with JARC fields since MTC allocates JARC finds directly to Project Sponsor; and WHEREAS, Project Sponsor has secured and will provide in 6111 the local match for the Lifeline Project as stated in its grant application, which is included in Appendix A. 131.1563.2 NOW, THEREFORE, BE IT RESOLVED that the parties agree as follows: 1. PURPOSE The purpose of this MOU is to memorialize the understandings between Bridge District and Project Sponsor pursuant to which Bridge District will pass through revenues to Project Sponsor specifically intended for implementation of the Lifeline Project. The revenues Bridge District passes through to Project Sponsor for the foregoing purpose is specifically contingent upon Bridge District's receipt of STA funds and Proposition 1-B funds for the Lifeline Project ("Lifeline funds"). Bridge District will serve as the recipient of Lifeline funds and Project Sponsor will serve as the lead planner, project manager, and sub -recipient for the Lifeline Project. II. RESPONSIBILITIES AND COVENANTS A. Compliance: Project Sponsor is responsible for complying with all policies, procedures and legal requirements of the Lifeline Project, and associated funding. If TAM or MTC so require, Project Sponsor shall enter into a separate funding agreement with those agencies to memorialize these terms. B. Service: Project Sponsor shall implement the Lifeline Project in accordance with the grant application which is attached to and included in this MOU by reference as Appendix A. C. Project Scope and Budget: Project Sponsor shall not make changes to project scope and budget without prior approval from TAM. D. Finance: 1. Cycle 1 - Bridge District will apply for Four Hundred Thirty Five Thousand, Six Hundred Thirty Eight Dollars ($435,638) in Proposition 1 B funds on behalf of Project Sponsor for the implementation of the Lifeline Project. Four percent of these fiends, Seventeen Thousand, Four Hundred Twenty five ($17,425) will be retained by Bridge District for its administrative expenses. Cycle 2 If funds are available, Bridge District will apply for Two Hundred Nine Thousand, One Hundred Sixty Two Dollars ($209,162) in Proposition 1 B funds on behalf of Project Sponsor for the implementation of the Lifeline Project. Four percent of these funds, Eight Thousand, Three Hundred Sixty Six ($8,366) will be retained by Bridge District for its administrative expenses. 2 1814563.2 Bridge District has no obligation to provide fiends in excess of available funds which totals Six Hundred Nineteen Thousand, Nine Dollars ($619,009) from Cycles 1 and 2, to Project Sponsor from the Lifeline grant, unless there is approval of additional grant funding for the project and both parties execute a written amendment to this MOU to reflect any additional fiinding. 2. Bridge District shall pass through the Lifeline funds to Project Sponsor on a monthly basis after receipt of an approved invoice. Project sponsor shall prepare requisitions for reimbursement for services performed and/or expenses incurred under this Agreement. Such requisitions shall be signed by Subgrantee's Chief Financial Officer, or equivalent, or a designated representative thereof. Subgrantee shall maintain records of payroll distribution, receipted bills, and such other documentation as may be reasonably required by GGBHTD. Requisitions shall be accompanied by supporting documentation. If a requisition includes payment for work performed under subcontract, copies of the contractor invoices and proof of payment shall be enclosed. Bridge District shall make payments to Subgrantee as expeditiously as possible, following the approval of requisitions. I? . Reporting: Project sponsor shall be responsible for all reporting required by the California Department of Transportation's (Caltrans) Public Transportation Modernization, Improvement and Service Enhancement Account (PTMISEA). The Project sponsor will report semi-annually (February 1 and August 1 of each calendar year) on the activities and progress made on the project until the project is completed, including: • A Description of what has been completed as described in the scope of the original project allocation request o List of any vehicles/equipment received • A Description of the status of the project's benefits/ outcomes • Description of what still needs to be completed before project closeout • Percentage of milestones completed • Identify any contracts initiated that will expend PTMISEA fiends on the project including: o Contract # o Vendor Name o Start Date o End Date 3 131.1563.3 o Dollar Amount • Overall Percentage of project completed • Dates of project expenditures by category, i.e., Design, Right of Way, Construction, Vehicle/Equipment Purchase • Brief details of the expenditures for each category. F. Records and Auditing: Project Sponsor will be responsible for maintaining all applicable records in compliance with auditing requirements and any other applicable fiscal responsibilities as stated in the application for the funds, any guidelines or other requirements for the receipt of Lifeline funds. Project sponsor shall be responsible for all reporting required by the MTC or TAM regarding the implementation of the Lifeline Project and will provide such additional information and documentation to the Bridge District as may be necessary for audits or reports required by the California Department of Transportation, for Proposition 1 B funds, and the MTC for the STA funds. G. This MOU can be amended, modified, or supplemented only in writing signed by both parties. H. All notices and communications deemed by either party to be necessary or desirable shall be in writing and may be given by personal delivery to a representative of the parties or by mailing the same postage prepaid, addressed as follows: If to the Bridge District: Golden Gate Bridge, Highway and Transportation District Attn: Denis J. Mulligan, General Manager P.O. Box 9000, Presidio Station San Francisco, CA 94129-0601 If to Project Sponsor: City of San Rafael Attn: Nader Mansourian, Director 111 Morphew Street San Rafael, CA 94901 I. Tile address to which mailings may be made may be changed from time to time by notice mailed as described above. Any notice given by mail shall be deemed given on the day after that on which it is deposited in the United States Mail as provided above. 4 1314563.2 J. Neither party shall assign, transfer, or otherwise substitute its interest in this MOU, nor its obligations, without the prior written consent of the other party. K. The parties agree that any dispute arising from this MOU that is not resolved within 30 days by the parties' representatives responsible for the administration of this Agreement will be set forth in writing to the attention of the MTC's Director of Programming and Allocations for resolution. In the event resolution cannot be reached, the parties may submit the dispute to mediation by a neutral party mutually agreed to by the parties hereto prior to initiating any formal action in court. L. Either party may terminate this MOU upon thirty (30) calendar days' prior written notice for the other party's failure to comply with the requirements of this MOU including the terms and conditions applicable to the use or disbursement of the Lifeline grant funds. Upon termination, Project Sponsor will return all Lifeline funds to Bridge District except for funds that were expended in full compliance with the Lifeline grant terms and conditions. Any returned funds from Project Sponsor to Bridge District shall be returned to TAM for reprogramming. III. INDEMNIFICATION A. Project Sponsor shall defend, indemnify, and hold harmless Bridge District, its Board of Directors, representatives, agents and employees from and against all claims, injury, suits, demands, liability, losses, damages and expenses, whether direct or indirect (including any and all costs and expenses in connection therewith), incurred by reason of any negligent or otherwise wrongful act or failure to act of Project Sponsor, its officers, directors, employees, agents, or contractors or any of them in connection with this MOU or implementation of the Lifeline Project. Project Sponsor shall also defend, indemnify, and hold harmless Bridge District, its Board of Directors, representatives, agents and employees from and against all claims, suits, or demands from the MTC and/or State of California for reimbursement of Lifeline funds attributable to improper expenditures including Lifeline Project costs incurred subsequent to termination. IV. TERM A. The term of this MOU shall commence as of the Effective Date and terminate June 30, 2014, unless earlier terminated pursuant to Section II.J. It is understood by the parties that upon termination of the Lifeline Project or this MOU, the provisions of Section II E, III and Appendix A shall remain in frill force and effect until all applicable grant obligations have been satisfied. 1814563.2 IN WITNESS WHEREOF, the parties have executed this MOU on the dates set forth below. PROJECT SPONSOR: City of San Rafael By: Name: Nader Mansourian Title: Public Works Director March 23, 2011 Date APPROVED AS TO FORM: Attorney V ->1L��i Date 6 BRIDGE DISTRICT: Golden Gate Bridge, Highway and Transportation District By - Name: Denis J. Mulligan Title: General Manager r Date APPROV AS TO FORM: Attorn y V Date pTmmExAllocation Request Rev, 6109 Public Transportation Modernization, Improvement and Service Enhancement Program (PTMISyEA) PROJECT DESCRIPTION AND ALLOCATION REQUEST Regional Entity: MTC Project Lead*: Golden Gate Bridge, Highway and Transportation District County, Marin County Project Title: Canal Neighborhood Transit Improvements /certify the scope, cost, schedule, and benefits as identified in the attached Project Description and Allocation Request (Request) and attachments are true and accurate and demonstrate a fully funded operable project. } understand the Request issubject hzany additional restrictions, limitations o,conditions that may be enacted by the State Legislature, including the State's budgetary process, which may effect the amount of bond proceeds received by the project sponsor now and in the future. Project sponsors may need to consider alternative funding sources if bond proceeds are not available. |nthe event the project cannot be completed as originally scoped, scheduled and estimated, or the project is terminated prior to completion, project sponsor shall, atits own expense, ensure that the project |minosafe and operable condition for the public. } understand this project will bemonitored bythe California Department of Tnanopodotion—Divis|onofyWoaoTnansportobon. Name: Celia G. IlVersmith Signature: qkw2� @�/nt/o: General Manager v Agency: Golden Gate Bridge, Highway & Transportation District (GGoHTm Date: October m\2009 *If this project includes funding from more than one project sponsor, the project sponsor above becomes the "recipient agency" and the additional contributing project sponsor(s) must also sign and state the amount and type ofPTK8|8EAfunds (GC Section 887Q.56(a)(2)and/or Section 8873.55(a)(3))contribution. Sign below orattach aseparate officially signed letter providing that information. Name: mmeockelman Title: Director, Programming m/u|ocatvns Agency- Metropolitan Transportation Commission Date: Amount: $209162 PTMISEA Allocation Request Rev. 6/09 PTMISEA PROJECT DESCRIPTION AND ALLOCATION REQUEST Request Amount per GC 8879.55(a)(2)/PUC 99313: Request Amount per GC 8879.55(a)(3)/PUC 99314: Total Project Allocation Request: Project Title: Project Location/Address: Project Lead/ 7/8 8/9 $ 435638 $209,162 $0 $435,638 $209,162 Canal Neighborhood Transit Improvements Canal Neighborhood, San Rafael, Marin County Table 1: Project Lead/Recipient Agency Information 9/10 Recipient Agency: Golden Gate Bridge, Hwy & Trans District Legislative District Numbers Contact: Gayle Prior, Capital & Grant Director Assembly: 3 Contact Phone #: (415) 923-2373 Senate: 6 Email Address:ite-oro Amount: Congressional: 6 Address: P. O. Box 9000, Presidio Station Fund Type: San Francisco, CA 94129 $ II Table 2: Contributing PTMISEA-Eligible Project Sponsor Information PTMISEA Contributors: MTC Amount: Contact: Ken Folan $209,162 Contact Phone #: (510) 817-5804 $ Email Address: Ktatan2m= Address: 101 8th Street Oakland, CA 94607 Other PTMISEA Contributors (Attach sheet with contact info) Amount: TOTAL $209,162 *Contributing project sponsors attach signed letters of verification as to amount and eligibility or sign cover page) Table 3: Project Category Check only I box that best fits the description of the project being funded, Rehabilitation, Safety or Modernization Improvement =Bus Rapid Transit Capital Service Enhancement or Expansion =Rolling Stock Procurement: Expansion — New Capital Project —Rehabilitation Replacement Fund Type: Prop 1B Fund Type: PTIVIISEA Allocation Request Rev. 6109 Table 4: Project Summary a) Describe the project (or minimum operable segment) for which you are applying for funds. Attach additional sheets if necessary. If the application is for the purchase of vehicles or rolling stock, please include information on number of vehicles, size, passenger count, accessibility, and fuel type: This project would provide safe path to transit, improve nonmotorized access, and is expected to Improve transit operations at seven intersections along Kemer Boulevard and Canal Street in Canal neighborhood of San Rafael for vital transit movement for the most transit dependent area in Marin County, All propposed improvements are designed to improve transit movements and facilitate path of travel to transit stops. The proposed improvements include: sidewalk widening (bulb outs) at the bus stop/shelter locations, installation of ADAcompliant accessible curb ramps and associated drainage modifications to accommodate bulb -out transit stops; improvements of street lights: installation of high -visibility signing and striping, construction of new bus shelters wherever feasible, The useful life of this project is expected to be 20 years. b) Useful Life of the Project: 20 years ITable 5: Description of Major Benefits/Outcomes a) Please check appropriate Benefit/Outcome: —X— Increase Ridership Reduce Operating/Maintenance Cost Reduce Emissions increase System Reliability b) Please summarize and describe any other benefits: Begin Project Approval & Environmental Document Phase CEQA/ Environmental Compliance End Project Approval & Environmental Document Phase Begin Plans, Specifications _& & Estimates Phase End Plans, Specifications & Estimates Phase Begin Right of Way Phase End Right of Way Phase Begin Construction Phase (Contract Award) End Construction Phase (Contract Acceptance) Begin Vehicle/Equipment Order (Contract Award) End Vehicle/Equipment Order (Contract Acceptance) Begin Closeout Phase End Closeout Phase by _5— % by % by % by % Table 6: Project Schedule Date Table 7: Tax Compliance Information YES Is it reasonably anticipated that any money will be derived at any point in the future as a result of the project that will be paid to the State? ]X NO If yes, please describe the source of the money and provide an estimate of the amount: Estimate: $ January -2009 December -2009 December -2009 February -2009 November -2009 NA NA January -2010 July -2010 NA NA July -2010 August -2010 Public Transportation Modernization, Improvement, and Service Enhancement Account Total Project Cost and Funding Plan Shaded fields are automatically calculated. Please do not fill these fields. P b Proposed,Ti)ta[PMOGiQOi,t,";-"�: �Prio FArAft -Component 07 .0 PMED In 10 1 0 01K. WiE57 5 PS& r RfW' 0 440508 0 CON 0 ur' 4 to "'0 "o Vehlcte/EquI0 P cha Oth r- ko TOTAL' 0 0 r: & Public Transportation Modernization, Improvement, and Service Enhancement Account (PTMISEA) Component I Prior 1 07/08 08109 09/10 10111 11/12 " 12/13 PA&ED " PS&E 155,000 RNV " 1;:--A CON 280.63 209,162 -.4 Veh/Equip Purch Other1:0 TOTAL 0 - 0 -s `,0 200.1162 Funding Source: PTMISEA INTEREST Component Prior 07/08 08/09 09/10 10/11 11112 12/137 -,Irl 'I. llotil PA&ED PS&E RNV CON Veh/Equip Purchase G Other I:TOTAL 0,0 6 '0' 0 Funding Source. Local Component Prior 4 07/08 08/09 09/10 10111 11/12 1 12/13 A-, Tdtil 414 PMED PS&E 34 RNV 01 CON 155,000. Veh/Equip Purchase Other TOTAL -o 777� 0 1,55,000 �Funding Source: Component Prior 07108 08109 09/10 10/11 11112 12113 PMED PS&E RNV CON -,",0 Veh/Equip Purchase 7Y Other TO-TAL vo-fo- F ow. olu [Funding Source: Component Prior 07108 08/09 09/10 10/11 II, 11/12 12113 I Tom1,.', PA&ED PSiE 0- R/W CON Veh/Equip Purchase Other TOTAL, 01' �,J' A�l W N Public Transportation Modernization, Improvement, and Service Enhancement Account Total Project Cost and Funding Plan Shaded fields are automatically calculated. Please do not fill these fields IFunding Source: Component Prior 07/08 08/09 09/10 10/11 11/12 12/13 �A4"Xotdj PMED 0 PS&E 0 RNV CON Veh[Equip Purchase p TO Other 0 ITOTAL lFunding Source: Component Prior 07108 08/09 09/10 10/11 11112 12/13 It�JT ljttl! PMED 0 PS&E RNV CON Veh/Equip Purchase0 Other ITOTAL I ,0 IFunding Source: Component Prior 07/08 08/09 09/10 1 10/11 11/12 12113 PA&ED 0 PS&E RNV CON Veh/Equip Purchase 0 (Other ITOTAL t �tj o' :0 IFunding Source; I Component Prior 07/08 08109 09110 10/11 11/12 12/13 PA&ED PS&E 0 R/VV CON Veh/Equip Purchase 7 0 10ther ti, ";'o ITOTAL .0 0 1 0J.', .40 `0 0'10 Funding Source: I Component Prior 07108 08/09 09/10 10111 I 11/12 12/13 11-44:Tdtal PA&ED v '0 PS�E 71 l3hV 0 CON i -;/Equip Purchase e u e 0 (Other 0 ITOTAL "o 4e, f 0 'L 0 , 1 ' 0 IFunding Source: I Component PA&ED PS&E RNV CON Veh,'Equip Purchase (Other TOTAL Prior 07M 08/09 09/10 1 10/11 11112 12/13 Total, ; r., 0 .0 7 7 0 0 blile 19 G .,,,gym GOLDEN ATE GE ,y111.iHWAY&TRANwoRTAriON DhIMCF March 18, 2011 Ms.Gloria Johnson Administrative Assistant City of San Rafael Public Works P.O. Box 151560 San Rafael, CA 94915-1560 Re: Memorandum of Understanding Dear Ms. Johnson: Enclosed please find one original counterpart of the fully executed Memorandum of Understanding between the Golden Gate Bridge, Highway and Transportation District and the City of San Rafael to pass-through Lifeline grant funds to support the Canal Neighborhood Transit Access Improvements project. Thank you for your assistance in this matter. Please contact me at (415) 923-2373 if you have any questions. Singly, Gayle S. Prior Director of Capital and Grant Programs Enclosure 0OX 9000, PRESIDIO STATION * SAN FRANCISCO, CA 94129-0601 1 USA