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
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440508 0
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ur' 4 to
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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