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HomeMy WebLinkAboutCC Resolution 12267 (Medway/Canal Enhancements)RESOLUTION NO. 12267 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING THE USE OF LOCAL MEASURE A FUNDS FOR THE MEDWAY/CANAL RULE 20B UNDERGROUND DISTRICT IMPROVEMENTS, PROJECT NO. 11057. WHEREAS, on the 24th of May, 2007, the Agency Secretary of the San Rafael Redevelopment Agency did publicly open, examine, and declare all sealed bids or proposals for doing the following work in said City, to wit: "MEDWAY/CANAL RULE 20B UNDERGROUND DISTRICT IMPROVEMENTS" PROJECT NO. 11057 in accordance with the plans and specifications therefor on file in the office of said Agency Secretary; and WHEREAS, the underground district project is part of a larger project to perform street improvements along Medway Road; and WHEREAS, subject street improvements enhance the entry to the canal neighborhood as well as enhancing pedestrian and bicycle safety and improvements; and WHEREAS, the Medway/Canal Rule 20B Underground District Improvements are eligible to be funded utilizing Local Measure A funds; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael approves the use of Local Measure A funds for the Medway/Canal Rule 20B Underground District Improvements. BE IT FURTHER RESOLVED 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, JEANNE M. LEONCINI, 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 on Monday, the 4th day of June, 2007, by the following vote, to wit: AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Vice -Mayor Cohen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Boro "os -r JEANNE M. LEONCINI, City Clerk File No.: 01.18.31 TAM AGREEMENT #2007-021 FUNDING AGREEMENT BETWEEN TRANSPORTATION AUTHORITY OF MARIN AND CITY OF SAN RAFAEL This AGREEMENT is made this Z `� day of l� ' e t �'it 2007, by and between the Transportation Authority of Marin, hereinafter referkd 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 2 for the Highway 101 High Occupancy Vehicle (HOV) Gap Closure Project. 5. The Puerto Suello Bicycle/Pedestrian Path Project is an eligible component of the Highway 101 HOV Gap Closure Project. 6. TAM programmed Transportation Enhancement (TE) funds to the RECIPIENT in the amount of $400,000 to proceed with construction of the Medway/Canal Improvement Project as part of the Canal Neighborhood Community -Based Transportation Plan. 7. TAM authorized the equal exchange of federal TE funds with MTC for Measure A funds in the amount of $1,039,000, allowing MTC to program Marin County's share of TE funds ($1,039,00) to the Puerto Suello Bicycle/Pedestrian Path Project with the commitment from TAM to allocate equal amount of Measure A funds to local projects that would have been funded with TE funds. 8. In exchange for the TE funds programmed for the Puerto Suello Bicycle/Pedestrian Path Project, the City of San Rafael would receive an allocation of $400,000 in Measure A funds to complete the Medway/Canal Improvement Project. T-14. PROJECTS AND PROGRAMS\1100 Monne A A10 11,n R.RuessT=d,M Apieem 2S%5tn1.py 2kTEZ,n Rd.el Msdw.y C.nA1Tu ,g A,--1 2W7 21 d= Nage 1 of 8 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 No. 2007-22 of TAM, 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): Medway/Canal Improvement Project 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 $400,000 as designated in Resolution No. 2007-22, approved September 27, 2007, which is included in this AGREEMENT by reference. 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. Tm4 PROJECTS AND PR0GRAMS%14DDM.1tur1Algrtermn1,0,1,py21TM,nR.1..IM,d—yC-,1TwOigA7—,,12W721as Page 2 of 8 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 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. TVA PROJECTS AND PROGRAPAS•14 M M11-1 A AIa 11.n R.q..t.%F..d,M M.d—V C. 1W..6ng AW.—M 2007 21 Ex Page 3 of 8 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 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. TM4 PROJECTS AND PROGRAMSN4WIAe1—AAlulbnReg1esl1WMd1WA9lee1eM%%S1M1epy21TEZanR.I,,lM,dwyC.n.11Fmn ,gAgloement2W721Doc Page 4 of 8 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 ANNUAL REPORT 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 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. RECIPIENT shall provide to TAM an Annual 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 Measure A Sales Tax Program 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 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. T%14. PROJECTS AND PROGRAMS 'IAM MIA—A Aim,tlnnRequeslsTmding Agrnme,I,Zaraleg721TElSan RalaslMedwa7CanalTmding AgieemeM2W721 dx Page 5 of 8 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. 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. TA14 PROJECTS AND PROGRAMS%14 W Measwe A A10 1—R.qu-Iff.mW ADI.—M.\Str.iny ZTE%SmR.N.1 Medway C -WW -mm Agreement 2D0721.dx Page 6 of 8 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. SECTION 34. EXHIBITS The following Exhibits are hereby made part of this AGREEMENT: EXHIBIT A: Allocation Request Form 2. EXHIBIT B: TAM Board Resolution 2007-22 7114 PROJECTS ANO PR0GRAMM1400MOISWIAAAaullmRequeal.lFwCingAg�eemenlst511.1egY21TElS.nR.1.elM.Cw.yC.nallfuntingApreemenl200771d= 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: By: 1 / Print Name U1 M Wt� (� Print Title ATTEST:4. J NE M, I,E CINI, i�j Approved �,s to f By: /i / LCLi7Ls-A/� 'City of Sap -,,Rafael, Attofney Transpo at'on Authority of Marin (TAM): r By: i Dianne Stein auser, Executive Director Clerk C I- 41EW E. CNS N "ml 4.1 ( l L Print Name A s sj. -,*y 4.-I+f-o rh e,Y The PROJECTS AND PROGRAMS%1e00Me..w.AARM11i"Re lmi,Tf d,MAp,,enis6belepyZREG,nR,NOMedweyC—I%FmWmApi-111R721.da Page 8 of 8 EXHIBIT A Transportation Authority of Marin Measure A — Transportation Sales Tax Allocation Request Form Fiscal Year of Allocation: 2007/08 Expenditure Plan: Strategy 2 — Highway 101 HOV Gap Closure (Swap Projects) Project Name: Medway/Canal Enhancement Project Implementing Agency: City of San Rafael, Department of Public Works Scope of Work - The project area is located in San Rafael's densely populated Canal neighborhood, from the intersection of Medway Rd. and Francisco Boulevard East to the intersection of Medway Rd., Canal St. and Belvedere St. It will integrate the needs of pedestrians, motor vehicles and bicycle riders by widening sidewalks, narrowing travel lanes to calm traffic, and shortening crosswalks to increase pedestrian safety. "Share the Road" stencils will improve the visibility and safety of bicyclists. Crosswalk curb ramps, uniform and level sidewalks and other enhancements will help to mitigate accessibility barriers for individuals with disabilities. The project establishes an overall concept for the area that reflects local needs and offers a sense of community identity. • Roadway Improvements — Reduce the asphalt concrete crown in the center of Medway Road and repave with asphalt. Replace all curb and gutter. At the bus pads, install 12" thick of asphalt concrete and reinforced curb and gutter. Install curb bulb -outs at the Belvedere/Canal/Medway intersections. Replace existing 4 -foot wide sidewalk with 10 feet of new sidewalk. • Bicycle Improvements — "Share the Road" stencils will be painted on both sides of the project corridor to alert motor vehicle operators to the presence of bicyclists. This is an important safety enhancement because bicycles are heavily used by Canal residents and also because of the heavy concentration of commercial and private vehicles. Project Delivery Schedule: Ouarter and Calendar Year Start Environmental Studies N/A Draft Environmental Document N/A Final Environmental Document -NEPA Programmatic Categorical Exclusion approved Q2/2003 Begin Design Engineering Q4/2003 Plans, Specifications, and Cost Estimates complete Q4/2004 Start Right of Way Acquisition N/A Right of Way Certification N/A Ready to Advertise Q1/2007 Award Construction Project Completion (open for use) Q1/2007 Q4/2008 TA14 PROJECTS AND PROGRAMS114.00 Measure A Allocation Requests%trategy 2 -US 101 HOV Gap Closure%TE Swap Pmjecls%San Rafael Medway Canal%San Rafael Medway Canal ARF docPag e 1 of 2 EXHIBIT A Environmental Clearance: NEPA Programmatic Categorical Exclusion Project Budget: • Metropolitan Transportation Commission Transportation for Livable Communities grant - $900,000 • Regional Measure A (07-08) funds -$400,000 • Non -Motorized Transportation Pilot Project funds -$500,000 Strategic Plan Programmed and Requested Amounts: Strategy 2 — Highway 101 HOV Gap Closure Transportation Enhancement (TE)/Measure A Swap (Resolution, approved --------) $400,000 Previous Projects Approved for Swap Programming $0 Swap Programming Amount Available $400,000 Current Requested Amount $0 Balance ' $400,000 Cash Flow Availability: FY 2007/08 —100% TA14. PROJECTS AND PROGRAMS%14.00 Measure A Allocation Requesls%Strategy 2 - US 1D1 HDV Gap Closure\TE Swap ProjeclsZan Rafael Medway Canal%San Rafael Medway Canal ARF.docPag e 2 of 2 Measure A Other Funds Total Cost PE/ENV $110,000 $110,000 CON $400,000 $1,140,000 $1,540,000 CON Engineering $150,000 $150,000 Total $400,000 $1,400,000 $1,800,000 Other Funds: The City of San Rafael will leverage Measure A funds with other funds, including: • Metropolitan Transportation Commission Transportation for Livable Communities grant - $900,000 • Regional Measure A (07-08) funds -$400,000 • Non -Motorized Transportation Pilot Project funds -$500,000 Strategic Plan Programmed and Requested Amounts: Strategy 2 — Highway 101 HOV Gap Closure Transportation Enhancement (TE)/Measure A Swap (Resolution, approved --------) $400,000 Previous Projects Approved for Swap Programming $0 Swap Programming Amount Available $400,000 Current Requested Amount $0 Balance ' $400,000 Cash Flow Availability: FY 2007/08 —100% TA14. PROJECTS AND PROGRAMS%14.00 Measure A Allocation Requesls%Strategy 2 - US 1D1 HDV Gap Closure\TE Swap ProjeclsZan Rafael Medway Canal%San Rafael Medway Canal ARF.docPag e 2 of 2 EXHIBIT B TAM RESOLUTION NO. 2007-22 RESOLUTION OF THE TRANSPORTATION AUTHORITY OF MARIN (TAM) ALLOCATING $400,000 IN MEASURE A FUNDS, STRATEGY 2, TO THE CITY OF SAN RAFAEL FOR THE MEDWAY/CANAL IMPROVEMENT PROJECT IN ACCORDANCE TO THE TE FUND SWAP ARRANGEMENT APPROVED IN DECEMBER 2005 WHEREAS, Strategy 2 of the Measure A Expenditure Plan provides that it would fully fund up to $25 million to ensure the accelerated completion of the Highway 101 carpool lane gap closure project through San Rafael; and WHEREAS, Eligible uses of funds identified *in the Expenditure Plan include completion of final construction segment of the Highway 101 Gap Closure Project and completion of the north -south bicycle way through Puerto Suello Hill to improve bicycle safety; and WHEREAS, In its role as the Congestion Management Agency (CMA), TAM is responsible for programming federal Transportation Enhancement (TE) funds in Marin County; and WHEREAS, In December 2005, TAM approved the swapping of $2.432 million in TE funds with Measure A funds, originally programmed to the Highway 101 Gap Closure Project, to alleviate burdens on local project sponsors which would have otherwise used federal funds on smaller projects; and WHEREAS, Concurrent with the approval of swapping funds, TAM approved six projects to receive Measure A funds instead of TE funds; and WHEREAS, Consistent with the swap arrangement, the City of San Rafael is requesting $400,000 in Measure A funds to proceed with construction of the Medway/Canal Improvement Project as part of the Canal Neighborhood Community -Based Transportation Plan; and WHEREAS, This allocation is consistent with the 2007 Measure A Strategic Plan Update; and WHEREAS, There are sufficient funds in the Strategy 2 line item of the TAM's approved FY 07/08 budget to cover the proposed action; and WHEREAS, After reviewing the requests in coordination with project sponsor, TAM staff recommended allocating $400,000 in Measure A funds to the City of San Rafael; now, therefore, be it RESOLVED, That the Transportation Authority of Marin allocates $400,000 in Measure A Funds under Strategy 2 of the Measure A Strategic Plan to the City of San Rafael for the Medway/Canal Improvement Project; and be it further TA07. AGREEMENTS107.01 Resolul(ons1200712007-22 TE Strap San Rafael Medway Canal Prolecl.doc Page 1 of 2 EXHIBIT B RESOLVED, That the Transportation Authority of Marin finds the allocation of funds to be in conformance with the priorities and funding levels established in the Measure A Expenditure Plan and the 2007 Measure A Strategic Plan Update; and be it further RESOLVED, That the Transportation Authority of Marin hereby authorizes the actual expenditure (cash reimbursement) of funds for these activities to take place subject to the Fiscal Year Cash Flow Distribution Schedules 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 sponsor to comply with applicable law and adopted Authority policies and execute Funding Agreement with the project sponsor to that effect; and be it further RESOLVED, That as a condition of this authorization for expenditure, the referenced project sponsors shall provide the Authority with any other information it may request regarding the use of the funds hereby authorized. PASSED AND ADOPTED at a regular meeting of the Transportation Authority of Marin held on the 27th day of September 2007, by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners T: J anne`Stein auser Executive Director Adams, Albritton, Arnold. Durst (Alternate), Fredericks, Gill, Heller (Alternate), Kinsey, Lundstrom, Maggiore, McGlashan, Swanson None Breen, Brown, Cromwell, Dillon -Knutson 4 =:: �; , Zl� e Z r. - ff - Steve Kinsey, Chair Transportation Authority of Mann TA07. AGREEMENTM07.01 Resolulions1200712007-22 TE Swap San Rafael Medway Canal ProjecLdoc Page 2 of 2 RESOLUTION NO. 12267 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING THE USE OF LOCAL MEASURE A FUNDS FOR THE MEDWAY/CANAL RULE 20B UNDERGROUND DISTRICT IMPROVEMENTS, PROJECT NO. 11057. WHEREAS, on the 24th of May, 2007, the Agency Secretary of the San Rafael Redevelopment Agency did publicly open, examine, and declare all sealed bids or proposals for doing the following work in said City, to wit: "MEDWAY/CANAL RULE 20B UNDERGROUND DISTRICT IMPROVEMENTS" PROJECT NO. 11057 in accordance with the plans and specifications therefor on file in the office of said Agency Secretary; and WHEREAS, the underground district project is part of a larger project to perform street improvements along Medway Road; and WHEREAS, subject street improvements enhance the entry to the canal neighborhood as well as enhancing pedestrian and bicycle safety and improvements; and WHEREAS, the Medway/Canal Rule 20B Underground District Improvements are eligible to be funded utilizing Local Measure A funds; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael approves the use of Local Measure A funds for the Medway/Canal Rule 20B Underground District Improvements. BE IT FURTHER RESOLVED 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, JEANNE M. LEONCINI, 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 on Monday, the 4`h day of June, 2007, by the following vote, to wit: AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Vice -Mayor Cohen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Boro JEANNE M. LEONCINI, City Clerk File No.: 01.18.31