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HomeMy WebLinkAboutCC Resolution 12431 (SRTS TAM Funding Agr.)RESOLUTION NO. 12431 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING A FUNDING AGREEMENT FOR $250,000 WITH THE TRANSPORTATION AUTHORITY OF MARIN (TAM) FOR THE SAFE PATHWAYS PROJECT FOR LAUREL DELL ELEMENTARY SCHOOL AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE THE AGREEMENT WHEREAS, in November 2004, Marin County voters approved Measure A, a half -cent sales tax to fund transportation projects in the county; and WHEREAS, the Measure "A" Sales Tax Expenditure Plan includes four funding strategies, one of which is the "Safe Routes to School" (SR2S) program, and Safe Pathways to Schools is its capital improvement element; and WHEREAS, funding for Safe Pathways to Schools is included in the 2006 Transportation Authority of Marin (TAM) Strategic Plan at approximately $11 million over the life of the Measure "A" tax, and approximately $1.7 million is available for the first round of "Call for Project", and the maximum project funding request is limited to $250,000 for each project; and WHEREAS, the proposed project has been identified in the Safe Routes to School program, and it is primarily aimed at encouraging more students, including students with disabilities, to use non -motorized means to travel to Laurel Dell Elementary school by closing the gap in the pedestrian and bicycle system on Woodland Avenue from Lindaro Street to Lovell Avenue; and WHEREAS, the project has been approved for funding in the amount of $250,000 from TAM, subject to the execution of a Funding Agreement between the City and TAM, attached hereto; and NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Rafael approves the Funding Agreement with the Transportaiton Authority of Marin to implement the Safe Pathway project for Laurel Dell Elementary School in the amount of $250,000 in a form approved by the City Attorney's Office and authorizes the Director of Public Works to execute the agreement with the Transportation Authority of Marin I, ESTHER BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on the 19`h day of February, 2008, by the following vote, to wit: AYES: COUNCILMEMBERS: Brockbank, Connolly, Miller & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Ileller r TAM AGREEMENT #2007-024 FUNDING AGREEMENT BETWEEN TRANSPORTATION AUTHORITY OF MARIN AND CITY OF SAN RAFAEL This AGREEMENT is made this �� day of FPhmisry , 200$, by and between the Transportation Authority of Marin, hereinafter referred to as "TAM", a local public agency, and the City of San Rafael, hereinafter referred to as "RECIPIENT", the local public agency. SECTION 1. RECITALS 1. The voters of Marin County approved the authorization of Measure A at the General Election held on November 2, 2004, thereby authorizing that TAM be given the responsibility to administer the proceeds from a one-half cent transaction and use tax. 2. The tax proceeds will be used to pay for the programs and projects outlined in the Measure A Expenditure Plan. 3. TAM has developed a Strategic Plan, updated every two years, to provide guidance on implementing the Measure A Expenditure Plan. 4. The Strategic Plan, developed to provide guidance on implementing the Measure A Expenditure Plan, programs Measure A funds over a 20 year period to the four strategies listed in the Expenditure Plan, including Strategy 4.3, the Safe Pathway capital component of the Safe Routes to School Program. 5. Safe Pathway projects are selected from approved Safe Route plans and based on performance criteria that focus on improving safety throughout the County. 6. TAM issued a Call for Projects and received applications for funding. 7. The applications were evaluated in accordance to the Measure A Expenditure Plan with the assistance of the Technical Advisory Committee (TAC) and the Marin Public Works Association (MPWA). 8. Twelve projects were selected for allocations of Measure A funds received through Fiscal Year 2007-08. 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. T114 PRWEGTE ANG PROGRAMM14 W Lie—, A An ,Na RapeecWT,,dkV A®nem MSVa1e®y4 3 Sale PmhweysTYMGM- ReleehFu ,g AW -12007246a Page 1 of 8 SECTION 3. PROJECT DEFINITION AND SCOPE This AGREEMENT, approved by TAM Board Action on September 27, 2007, in accordance with the requirements of TAM's Measure A Expenditure Plan and Strategic Plan, is made for the funding of the following project ("Project") identified in the RECIPIENT's Measure A Sales Tax Program Allocation Request Form (Attached): Safe Pathway Project — Laurel Dell Elementary School Additional information on project scope is included in the Measure A Sales Tax Program Allocation Request Form. SECTION 4. GRANT TAM hereby grants to the RECIPIENT the sum of $250,000 as designated by the TAM Board on September 27, 2007. SECTION 5. COST ELIGIBILITY Cost eligibility shall be determined by TAM's Strategic Plan policies. All costs incurred by RECIPIENT prior to the date of execution of this AGREEMENT shall be ineligible for reimbursement by TAM, except projects identified in the Strategic Plan as ongoing operating needs. Such projects, which rely on ongoing annual funding, may incur costs either at the date of the authorizing Board resolution or the start of the fiscal year, whichever comes later. While the costs of the Project shall be eligible for reimbursement in accordance with the terms of this AGREEMENT, the timing and amount of reimbursement will be subject to a TAM allocation, based on available revenues, other anticipated project requests, and project category and subcategory limits established in the Strategic Plan and Expenditure Plan. Any waiver of cost eligibility policies must be included in the Measure A Sales Tax Program Allocation Request Form ("Allocation Request Form") as approved by TAM. SECTION 6. BUDGET AND SCOPE RECIPIENT shall maintain a project or program budget. RECIPIENT shall carry out the project and shall incur obligations against and make disbursements of the grant in conformity with TAM's requirements and the budget. The project or program budget may be revised from time to time through the submission of a revised budget to TAM. RECIPIENT may not make any changes to the scope of the project without prior written approval of TAM. Approval by TAM of a change of scope shall not constitute an increase in the grant amount unless additional funds are specifically provided. SECTION 7. PROJECT MANAGEMENT RECIPIENT shall be responsible for the project and provide management of consultant and contractor activities for which RECIPIENT contracts, including responsibility for schedule, scope, and budget, consistent with TAM's resolution allocating the grant unless otherwise agreed upon in writing. T114 Page 2 of 8 SECTION 8. PROJECT OVERSIGHT RECIPIENT shall cooperate with TAM's project management team and shall provide any requested Project information. SECTION 9. ATTRIBUTION AND SIGNAGE If any portion of grant funds is used for production of reports, acknowledgment of the TAM's role in funding the Project shall be included in the documents. If any portion of grant funds is used for construction, RECIPIENT shall, upon initiation of field work or at the earliest feasible time thereafter, install and maintain a sign at the construction site identifying Measure A Local Transportation Sales Tax Funds and TAM (e.g., TAM and RECIPIENT's logos — "Your Measure A Sales Tax Dollars at Work"). For non -construction capital purchases funded by any portion of grant funds, RECIPIENT shall affix permanent signage identifying TAM and the Sales Tax Funds as a funding source. RECIPIENT shall demonstrate compliance with attribution and signage requirements as an indispensable condition for authorization of Measure A reimbursement for project expenses. SECTION 10. PRESS RELEASES RECIPIENT shall notify TAM in advance of any press releases about Project activities, particularly groundbreakings and ribbon cuttings, in connection with grant funds expended pursuant to this AGREEMENT. SECTION 11. COMPLIANCE WITH LAW In the performance of its obligations pursuant to this AGREEMENT, RECIPIENT shall keep itself fully informed of the federal, state and local laws, ordinances and regulations in any manner affecting the performance of this Agreement, and must at all times comply with such laws, ordinances, and regulations as they may be amended from time to time. SECTION 12. ENVIRONMENTAL COMPLIANCE RECIPIENT shall undertake all environmental mitigation measures that may be identified as commitments in applicable documents (such as environmental assessments, environmental impact statements and reports, and memoranda of agreement) and comply with any conditions imposed as a part of a finding of no significant impact or a record of decision; all such mitigation measures are incorporated in this AGREEMENT by reference. Recipient shall be responsible for obtaining all necessary environmental permits for performance of work. SECTION 13. FINANCES All costs charged to the project shall be supported by properly prepared and documented time records, invoices, or vouchers evidencing in detail the nature and propriety of the charges and the basis for the percentage charged to TAM. SECTION 14. RECORDS All checks, payrolls, invoices, contracts, vouchers, journal entries, work orders, or other accounting documents pertaining in whole or in part to the Project shall be maintained by RECIPIENT for a period of three (3) years after the later of Project closeout or termination of T114 PROJECTS AND PROGRAMS14 W MGM—A AkeMim RaRua%Twdrq AWmmwWStW"y4W35W, Pe ,a7.TYCRN%Sw RalwWMig ASr-1200724a Page 3 of 8 grant. Such project documents shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other similar documents not pertaining to the Project. SECTION 15. REIMBURSEMENTS Payment shall be made by TAM for costs reimbursable under the terms of this AGREEMENT and incurred prior to the termination date of this AGREEMENT. Payment to RECIPIENT of the grant shall be upon written approval by TAM, upon submittal by RECIPIENT of appropriate support documentation and identification of expenses incurred. Reimbursements shall not exceed the schedule shown in the Measure A Sales Tax Program Allocation Request Form - Fiscal Year Cash Flow Availability. RECIPIENT may make a request for exceptions in writing. Exceptions may be made at the sole discretion of TAM. Reimbursement requests, with appropriate documentation, may be submitted on a regular basis but no more frequently than monthly. Each reimbursement request shall include RECIPIENT'S certification that the amounts sought are only for project elements included in the Allocation Request Form, and that RECIPIENT is in compliance with TAM's requirements mentioned in this AGREEMENT. SECTION 16. ELIGIBLE EXPENSES RECIPIENT shall expend funds only on eligible expenses as follows: operating costs, direct staff time (salary and benefits), consultants; right of way engineering and acquisition costs (including permitting), and competitively bid construction contracts. Indirect costs (as defined by OMB Circular A-87) will not be considered an eligible expense. Funds shall also be expended according to the applicable provisions of the Expenditure Plan, Short Range Transit Plan (SRTP), and of the Public Utilities Code Section 180000 et seq. SECTION 17. AUDITS TAM reserves the right at any time to conduct or require a financial or performance audit of the RECIPIENT'S compliance with this AGREEMENT. TAM will give advance notice of the requirement. RECIPIENT shall permit TAM, or any of its duly authorized representatives, to inspect all work, materials, payrolls, and other data and records with regard to the Project, and to audit the books, records, and accounts of the RECIPIENT and its contractors with regard to the Project. SECTION 18. THIRD PARTY CONTRACT AUDITS TAM reserves the right to request an audit of other third party contracts for any reason. If RECIPIENT is subject to third party financial audit requirements imposed by another funding source, copies of audits performed in fulfillment of such requirements shall be provided to the TAM. SECTION 19. CLOSEOUT PROCEDURES Project closeout occurs either when TAM notifies RECIPIENT or forwards the final grant payment, or when the RECIPIENT'S remittance of the proper refund has been acknowledged by TAM. Within ninety (90) days of the Project completion date or termination by TAM, whichever comes first RECIPIENT shall submit a certified financial statement identifying all TIM PROJECTS ANO PROGmus-.W maw® A mmmim ng tsT,1n p54®PMh aya"070,Sm RW®MFW1LVFWo®mam 2We 24 d Page 4 of 8 excess funds or ineligible expenditures, which the RECIPIENT shall be required to refund, as well as third party audit reports, as applicable, or provide a schedule and justification for an alternate closeout date. Project closeout shall not terminate any continuing obligations imposed on the RECIPIENT by this AGREEMENT. Final reimbursement will be in accordance with TAM policies and procedures. 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 a Project report containing all of the items listed in the Allocation Request Form is not provided to TAM by the annual due date specified in the Allocation Request Form and/or such items are found not to be in compliance with this AGREEMENT, Public Utilities Code Section 180000 et seq., the ballot measure or the Strategic Plan, TAM may withhold FUNDS from RECIPIENT until RECIPIENT has corrected any noted deficiencies to TAM's satisfaction. While FUNDS are being so withheld all interest on withheld FUNDS shall be retained by TAM as an administrative fee. SECTION 22. RESCISSION OF AUTHORIZATION OF FUNDS TAM reserves the right to rescind its authorization of that portion of the grant funds that are unneeded prior to, or at the time of, Project closeout. Funds are determined to be unneeded if they are uncommitted at time of Project closeout. Uncommitted funds are funds that have been authorized but are in excess of that total eligible costs incurred by RECIPIENT. SECTION 23. TERMINATION FOR CAUSE Except as provided by Section 24 below, RECIPIENT agrees that, upon ten (10) working days written notice, TAM may suspend or terminate all or part of the financial assistance provided herein for failure to correct a breach of this AGREEMENT. Any failure to make reasonable progress, inconsistency with the Expenditure Plan or Measure A Sales Tax Program Allocation Request Form, unauthorized use of grant funds as specified in this AGREEMENT, or other violation of the AGREEMENT that significantly endangers substantial performance of the project shall be deemed to be a breach of this AGREEMENT and cause for termination. Upon mutual consent, RECIPIENT will repay TAM any unexpended funds already distributed. SECTION 24. CORRECTION OF BREACH Notwithstanding the provision of Section 23 above, with respect to any breach, which is reasonably capable of being cured, RECIPIENT shall have thirty (30) days from the date of notice of breach to initiate steps to cure. If RECIPIENT diligently pursues cure, such RECIPIENT shall be allowed a reasonable time to cure or by a time established in writing by TAM. Tm4. PROJECTS AND PROGRAMM14 W Man— A Ag-Im RagaaaWTwdrq Agrea—Nl VMWV443 SW,Pmh-o"070Mm Rainbr,ding Agree tTW7 24� Page 5 of 8 SECTION 25. LIABILITY Neither TAM nor any officer or employee thereof, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by RECIPIENT under or in connection with any work, authority, or jurisdiction delegated to RECIPIENT under this AGREEMENT. It is also understood and agreed that pursuant to Government Code Section 895.4, RECIPIENT shall fully defend, indemnify and hold TAM harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by RECIPIENT under or in connection with any work, or jurisdiction delegated to RECIPIENT under this AGREEMENT. Neither RECIPIENT nor any officer or employee thereof, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by TAM under or in connection with any work, authority, or jurisdiction delegated to TAM under this AGREEMENT. It is also understood and agreed that pursuant to Government Code Section 895.4, TAM shall fully defend, indemnify and hold RECIPIENT harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring in by reason of anything done or omitted to be done by TAM under or in connection with any work, authority, or jurisdiction delegated to TAM under this AGREEMENT. In the event of concurrent negligence of RECIPIENT and TAM, the liability for any and all claims for injuries or damages to persons and/or property shall be apportioned under the California theory of comparative negligence as presently established or as may hereafter be modified. SECTION 26. OBLIGATIONS TAM agrees that any eligible cost incurred by RECIPIENT prior to the termination of this AGREEMENT shall be reimbursed to the extent that such costs could not be avoided by RECIPIENT upon receipt of notice of termination. SECTION 27. INTEGRATION This AGREEMENT represents the entire AGREEMENT of the parties with respect to the subject matter thereof. No representations, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein, or in other contemporaneous written agreements. SECTION 28. AMENDMENT Except as otherwise provided herein, this AGREEMENT may not be changed, modified or rescinded except in writing, signed by all parties hereto, and any attempt at oral modification of this AGREEMENT shall be void and of no effect. SECTION 29. INDEPENDENT AGENCY RECIPIENT performs the terms and conditions of this AGREEMENT as an entity independent of TAM. None of RECIPIENT'S agents or employees shall be agents or employees of TAM. TA14 PROJECTS ANDPR®GRMIS%® WMon— AA zgmRepuntal wdn Amoomm2,ASVWnVA41smoaom ,p%FV s 5SwRd-Wm i gAgmm ntz®arz®,o. Page 6 of 8 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. SECTION 34. EXHIBIT The following Exhibit is hereby made part of this AGREEMENT: 1. EXHIBIT A: Allocation Request Form T114 PROJECTS AND PROGRAPAS114Whl--AA ,Um R" misT-kgAWmmmN%SW gV4%43Sal®Pnh-0W-V0?WZwA&WAF—Ji gApe-12007%®®m Page 7 of 8 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: y ,/ ANDREW PRESTON Print Name PUBLIC WORKS DIRECTOR Transportation Authority of Marin (TAM): By:.%;/ Dian4� ein auser, Executive Director Print TitI�T�� G �� ATTEST:T ESTHER C. B1".IRNE, CITY CLERK Approved as to fora: BY City'of San Rafael, Attorney ............ _...... ..m ................. Print Name T1B PROJECTS ANOPROGRAMS%1aWW-6AAaxalbnReryaolal—ftA6raemmlal5-nyaN35alePOYlwie{JFY680a1SanRaDaeM1Furatin6ApeamaNEMU tl Page 8 of 8 EXHIBIT A MEASURE A SALES TAX PROGRAM – SAFE PATHWAYS ALLOCATION REQUEST FORM 1. RECIPIENT INFORMATION Responsible Agency: City of San Rafael Address: 111 Morphew Street, San Rafael, CA 94901 Contact Person: Nader Mansourian Phone: (415) 485 3110 E -Mail: nader.mansourian@cityofsanrafael.org 2. PROJECT INFORMATION School District(s): San Rafael City Schools School Name(s): Laurel Dell Elementary School Project Description: Project Name— Woodland Avenue Sidewalk Improvement for Laurel Dell Elementary School, San Rafael. The proposed project described in this application is based on the approved Safe Routes plan for Laurel Dell Elementary School (attached as Appendix 1). The proposed project is primarily aimed at encouraging more students, including students with disabilities, to use non -motorized means to travel to Laurel Dell Elementary school by closing the gap in the pedestrian and bicycle system on Woodland Avenue from Lindaro Street to Lovell Avenue. The project would concentrate on improving the walk path on the northern side of Woodland Avenue across the street from Laurel Dell Elementary School. Major part of the existing walk path is actually dirt path. Cobblestones and other different surface finishes of private driveways often extend up to the street, which makes the walk path non-uniform and non-standard. Also, no curb ramp currently exists at the intersections. A standard sidewalk must be a level, ADA -compliant, concrete sidewalk. The existing non- standard walk path needs to be removed and re -constructed to be compliant with current design standards. The project would replace the existing non-standard, non-uniform walk path with standard concrete sidewalk and install ADA -compliant curb ramps with dome mats. The estimated length of the new standard sidewalk would be 1,180 feet and the numbers of curb ramps is fourteen (14) at five (5) intersections along this segment of Woodland Avenue. More specifically, at the following Woodland Avenue intersections— Lovell Avenue— Two ADA -compliant curb ramps • Bungalow Avenue— Two ADA -compliant curb ramps • Eva Street— Four ADA -compliant curb ramps • Siebel Street— Four ADA -compliant curb ramps • Picnic Avenue— Two ADA -compliant curb ramps An aerial photograph showing the project area along with the locations of the proposed improvements is presented in Appendix II. The proposed project would follow design standards such as the Manual on Uniform Traffic Control Devices (MUTCD), the California Department of Transportation's (Caltrans) Highway Design Manual (HDM), the Americans with Disabilities Act (ADA), and all other relevant local, State and Federal design standards. The project would be completed within the City's Right-of-way. Hence no additional Right-of- way acquisition is anticipated. Detailed surveying may be necessary before finalizing the design and estimate due to problematic and challenging existing grades. This project would be part of a larger effort for infrastructure improvement on Woodland Avenue corridor. A separate City project is presently under way for resurfacing this stretch of Woodland Avenue. The proposed project would create a truly 'safe route' to Laurel Dell Elementary School and be consistent with the overall improvement efforts by the City of San Rafael. Description of Project Location: The location of the proposed project is the northern side of Woodland Avenue from Lindaro Street to Lovell Avenue near Laurel Dell Elementary School in San Rafael. The sidewalk network would be improved with accessible ramps for easier and safer access. 3. SCHEDULING — ESTIMATED START AND COMPLETION DATES Environmental Studies and Permits: Categorical exemption from CEQA. Class 15301 (C) Existing Facilities. Plans, Specifications and Estimate: February 2008 — May 2008 Right of Way Acquisition: Not required as the proposed improvements would be constructed entirely within the City's Right of Way. Construction: June 2008 — September 2008 4. COST ESTIMATE BREAKDOWN Environmental Studies and Permits: $0 Plans, Specifications and Estimate: $45,000 Right of Way Acquisition: $0 Construction: $274,300 Subtotal: $319,300 Contingency:* $21,100 Total Project Cost: $340,400 Total Safe Pathways Grant: $250,000 Attach Detailed Engineers Estimate. The Detailed Engineers Estimate is attached. * Contingency shall be no more than 10% of the total construction cost. T \14 PROJECTS AND PROGRAMS\14.00 Measure A Allocation RequestsWunding AgreementslStrategy 4\4.3 Sale Pathways\EY 0708\San Ratae[\EshiU[ A Scopa.doc rage 2 of 2