No preview available
HomeMy WebLinkAboutPW Grand Ave. Bridge Solar Powered SignsAgenda Item No: 3.j Meeting Date: August 3, 2015 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public Works Prepared by: In - City Manager Approval: t 5 Acting Director of Public Works File No.: 01.25.08 TOPIC: FUNDING AGREEMENT WITH TRANSPORTATION AUTHORITY OF MARIN FOR THE GRAND AVENUE BICYCLE/PEDESTRIAN BRIDGE AND THE FIFTH AVENUE/COTTAGE AVENUE SOLAR POWERED CROSSING SIGN PROJECTS SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING A FUNDING AGREEMENT IN THE AMOUNT OF $132,000 WITH THE TRANSPORTATION AUTHORITY OF MARIN FOR THE `GRAND AVENUE BICYCLE/PEDESTRIAN BRIDGE' PROJECT AND THE `FIFTH AVENUE/COTTAGE AVENUE SOLAR POWERED CROSSING SIGN' PROJECT AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE THE AGREEMENT. RECOMMENDATION: Adopt resolution. BACKGROUND: The Safe Pathways to School program is the capital improvement element of the countywide Safe Routes to School program. It provides funding to design and construct projects identified in Safe Routes to School Plans developed by teams consisting of school officials, parents, students and local public works staff in conjunction with the larger Safe Routes to School program. A majority of the funding for the Safe Pathways to School Program comes from the local Measure A tax, which is a half -cent sales tax passed by Marin County residents in 2004. In addition to Measure A, the Transportation Authority of Marin (TAM) has announced the availability of $717,000 in federal One Bay Area Grant (OBAG) Safe Routes to School funds to support this program. TAM issued a call for applications for the Safe Pathways to School Grant on September 19, 2014. On December 3, 2014, the Public Works Department applied for funding for the construction of the Grand Avenue Bicycle/Pedestrian Bridge project as well as the installation of Rectangular Rapid Flashing Beacon signs at the intersection of Fifth Avenue and Cottage Avenue, adjacent to Marin Academy. The Grand Avenue Bicycle/Pedestrian Bridge project will close a significant gap in the City's bicycle and pedestrian network by installing a new 12 foot wide, 150 foot long bridge across the San Rafael Canal on the east side of Grand Avenue for use by bicyclists and pedestrians. This project, in conjunction with the FOR CITY CLERK ONLY: File No.: 170 x 9-3-40 Council Meeting: 08/03/2015 Disposition: Resolution 13983 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 `Second Street & Grand Avenue Intersection Improvements' project and the `Francisco Boulevard East Sidewalk Widening' project, will provide access from the Canal neighborhood to the Bettini Transit Center, the future SMART rail station, Montecito Shopping Center, San Rafael High School, Coleman Elementary School, Davidson Middle School, and San Rafael's downtown business district. This route is one of only two access points to the Canal neighborhood, San Rafael's most densely populated area, and is heavily used by bicyclists and pedestrians. Previously, Rectangular Rapid Flashing Beacon (RRFB) signs were installed at the intersection of Fourth Street and G Street as a pilot project. Public Works will continue to monitor the location at Fourth Street and G Street and recommends installation of a second set of RRFB signs at the intersection of Fifth Avenue and Cottage Avenue as a continuation of the pilot project. Public Works will conduct before and after studies at both locations to further evaluate the effectiveness of the RRFB systems and to determine if the pilot program should be continued citywide. The Fifth Avenue and Cottage Avenue Solar Powered Crossing Sign Project will construct two new Americans with Disabilities Act (ADA) compliant curb ramps as well as install solar powered Rectangular Rapid Flashing Beacon (RRFB) school crossing signs. Marin Academy's campus encompasses areas on both sides of Fifth Avenue and Cottage Avenue. Recent turning movement counts indicate that over 100 pedestrians cross Fifth Avenue within the marked, uncontrolled crosswalk at Cottage Avenue on an average school day. In February 2015, the City was awarded the following: Grand Avenue Bicycle/Pedestrian Bridge Construction $717,000 Federal funds $107.000 Local Measure A Funds (local match) $824,000 Total funding through Safe Pathways to School Fifth Avenue & Cottage Avenue Rectangular Flashing Beacon $25.000 Local Measure A Funds $25,000 Total funding through Safe Pathways to School The total estimated costs for each of the projects are as follows: GRAND AVE BICYCLE/PEDESTRIAN BRIDGE ESTIMATED COSTS AND FUNDING SOURCES Proiect Funding Sources Bay Trails Grant State Lands Fund City Supplied Staff Time and Services Safe Pathways to School — Federal Funds Safe Pathways to School — Local Measure A Funds Gas Tax Total Amount Notes $180,300 Preliminary Design $440,000 Right -of -Way Needs $45,000 Proiect Management $717,000 Final Design and Portion of Construction Final Design and Portion of Construction $107,000 (This Funding Agreement) Construction (Public Works apply for grants $469,000 to reduce the amount of Gas Tax needed) $1,958,300 FIFTH AVENUE/COTTAGE AVENUE RRFB ESTIMATED COSTS AND FUNDING SOURCES Proiect Funding Sources Amount Notes Safe Pathways to School — Local Measure Design and Construction (This Funding A Funds $25,000 Agreement) Total $25,000 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Paye: 3 TAM has proposed one funding agreement for the Measure A portions of these two projects in the amount of $132,000 ($107,000 for the Grand Avenue Bicycle/Pedestrian Bridge and $25,000 for the Fifth Avenue/Cottage Avenue Solar Powered Crossing Signs). An agreement with TAM is necessary to secure Local Measure A funding for these projects. PUBLIC OUTREACH: On June 27, 2012, the City held its first outreach meeting at Pickleweed Community Center for the Grand Avenue Bridge project. Members of the public were invited to attend. The design consultant discussed the project, proposed timeline, constraints and asked for input on the proposed bridge design. Two open forum meeting were held on May 27, 2015 and May 30, 2015 at which all active projects along the Francisco Boulevard East/Grand Avenue corridor were discussed, including the Grand Avenue Pedestrian/Bicycle Bridge. Again, members of the public were invited to attend, and staff answered questions regarding the status of the project, specific design details, etc. ANALYSIS: A resolution to approve the funding agreement is required in order to receive the local measure A funds through the Safe Pathways to School program. FISCAL EWPACT: Approving this agreement will result in $132,000 in additional funding for these two projects. ACTION REQUIRED: Adopt Resolution Enclosures (2) 1. Resolution 2. Funding Agreement RESOLUTION NO. 13983 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING A FUNDING AGREEMENT IN THE AMOUNT OF $132,000 WITH THE TRANSPORTATION AUTHORITY OF MARIN FOR THE `GRAND AVENUE BICYCLE/PEDESTRIAN BRIDGE' PROJECT AND THE `FIFTH AVENUE/COTTAGE AVENUE SOLAR POWERED CROSSING SIGN' PROJECT AND AUTHORIZING THE ACTING DIRECTOR OF PUBLIC WORKS TO EXECUTE THE AGREEMENT WHEREAS, The voters of Marin County approved the authorization of Measure A IN the General Election held on November 2, 2004, thereby authorizing the Transportation Authority of Marin (TAM ) to administer the proceeds from a one-half cent transaction and use tax; and WHEREAS, the tax proceeds are to be used to pay for programs and projects outlined in TAM's Expenditure Plan; and WHEREAS, TAM has developed a Strategic Plan programming funds for a Safe Pathways to School strategy; and WHEREAS, Safe Pathways to Schools Projects are capital projects aimed at making physical improvements to enhance the safety of school trips; and WHEREAS, TAM issued a call for projects and the City of San Rafael submitted a grant application for funding for the Grand Avenue Bicycle/Pedestrian Bridge project and the Fifth Avenue/Cottage Avenue Solar Powered Crossing Sign project; and WHEREAS, the TAM Board approved $132,000 in local Measure A funding for these two projects in March, 2015. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES that the Acting Director of Public Works and the City Clerk of said City are authorized and directed to execute the funding agreement with TAM in a form approved by the City Attorney. 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 City Council of said City held on the Monday, the 3 d day of August, 2015 by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None C. ESTHER C. BEIRNE, CITY CLERK File No.: 01.25.08 TAM AGREEMENT #2015-009 FUNDING AGREEMENT BETWEEN TRANSPORTATION AUTHORITY OF MARIN AND CITY OF SAN RAFAEL This AGREEMENT is made this 17f1, of A A --mss —i 201 S , 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", a 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 TAM's Expenditure Plan. 3. TAM has developed a Strategic Plan to provide guidance on implementing the Measure A Expenditure Plan. 4. The Strategic Plan programs Measure A funds over a 20 year period to the four strategies listed in the Expenditure Plan, including Strategy 4.3, Safe Pathways to Schools. 5. Safe Pathways to Schools Projects are capital projects aimed at making physical improvements to enhance the safety of school trips. 6. Two cycles of Measure A Strategy 4.3 funding were allocated in 2007 and 2010. 7. TAM issued a Third Cycle Call for Projects and received applications for funding. 8. 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). 9. The recommended projects were approved for funding by the TAM Board on March 26, 2015. 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. T'A4.PRDJEM AND PRDGRAM5114M Meaema A Aga®Ban R"ue.t.114.WWFu lgAgmemaNa%14.W.02.01SIM19Y6114MW.010113Sa, Pa1hmaya1FY 151015an RataeWawWmg Agnemen12015W mylaed J*n2015.dmPage 1 of SECTION 3. PROJECT DEFINITION AND SCOPE This AGREEMENT, approved by TAM Board Action on March 26, 2015, in accordance with the requirements of TAM's Measure A Expenditure Plan and Strategic Plan, is made for the funding of the following projects ("Projects") identified in the RECIPIENT's Safe Pathways to School Project Information Sheets (Attached): Grand Avenue Bicycle Pedestrian Bridge Project Fifth Avenue/Cottage Avenue Solar Powered Crossing Sign Project Additional information on project scopes is included in the Safe Pathways to School Project Information Sheets, referenced as Exhibit A. SECTION 4. GRANT TAM hereby grants to the RECIPIENT the sum of $132,000.00 as designated in Resolution No. 2015-03, approved March 26, 2015, which is included in this AGREEMENT by reference as Exhibit B. Funds allocated to one project scope cannot be used on another project scope in this AGREEMENT. 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 RECIPIENT's Safe Pathways to School Project Information Sheet 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. 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. T14. PROJECTS AND PROGRAMS19400Aleasura A AtlamtW,R.q M,114WAYFund6MA®r,m,Na14DUMNS"te®y4114MDZG4014.33,14 P1drwye1FY ISMan RalaanFu n®ASraemeM2015=mr["dJu1122201SAWPage 3 of 8 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. 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. PROJEM AND PROGMMS%14.WM,,m,AAU=UmRm,st,114�, . SECTION 19. CLOSEOUT PROCEDURES AND PROJECT CLOSEOUT REPORT Project closeout occurs either when TAM notifies RECIPIENT of the Project closeout or forwards to RECIPIENT the final grant payment. RECIPIENT shall provide to TAM a Project Report as shown in Exhibit C with the final reimbursement request. Upon request by TAM or discovery by RECIPIENT, after the Project completion date or termination by TAM, RECIPIENT shall submit a certified financial statement identifying all ineligible expenditures, which the RECIPIENT shall be required to refund, as well as third party audit reports, in the event that ineligible expenditures were reimbursed with funds from this AGREEMENT. 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 supporting documentation for expenditures and revenues from its accounting and financial management system. , 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. T116. PRMECTSANOPROGRAMM1400MnaweAAtloral6nR®quaebl9®1xi02 FlndinO Agreemn4alN W DIN 5U,1,Vy611®.W020®01®3Sdo P8U—y,%FY 15IMonRli,OlELM&gAg"MI12015�mh,d Jidy123015d=Page 5 of 8 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. 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. I 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 Exhibits are hereby made part of this AGREEMENT: 1. EXHIBIT A: Safe Pathways to School Projects Information Sheets 2. EXHIBIT B: TAM Resolution 2015-03 3. EXHIBIT C: Project Closeout Form T114. PROJECTS AND PROGRAM 511400 Meaaura A Agaogan Ra�maWII401g2 KwdMq Agnew J1%I®.WOi ql Stralegy4R40DA20c 014.35af.Pagmay®1FY IS IMan Rafa®RFmdaq Agmmen12g15 revi,,d JWyn2015d=Page 7 of 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: Transp, ation Authority of Marin AM): Al Dianne Steinhauser, Executive Director Print Name Print Title Approved as to form (optional): City of San Rafael, Attorney Eric T. Davis, Deputy City Attorney Print Name T114. PROJELTS AND .., . EXHIBIT A SAFE PATHWAYS TO SCHOOL PROJECT INFORMATION 1. Application Information Responsible Agency: City of San Rafael Address: 111 Morphew Street, San Rafael, CA 94901 Contact Person: Leslie Blomquist Phone: (415) 485-3473 E -Mail: Leslie.Blomquist@cityofsanrafael.org 2. Project Information Project Name: Grand Avenue Bicycle Pedestrian Bridge and Sidewalk Improvement Project Project Description: The proposed project will close a gap in the City of San Rafael's bicycle and pedestrian network by installing a new 12 -foot wide, 150 -foot long bridge across the San Rafael Canal along the east side of Grand Avenue exclusively for bicyclists and pedestrians. In addition to the new bridge on the east side of Grand Avenue, the project will install a sidewalk on the west side of the existing vehicular bridge and remove the existing uncontrolled crosswalk just south of the bridge thereby closing a significant gap in the pedestrian path of travel on the west side of Grand Avenue. Once completed, this project (coupled with other active projects along the Francisco Boulevard East/Grand Avenue corridor) will provide safe access from the Canal neighborhood and Bellam Boulevard to San Rafael High School, Davidson Middle School and Coleman Elementary School. The project will also establish a safe path of travel to the Bettini Transit Center, Montecito Plaza Shopping Center, and the Downtown San Rafael business district. The Grand Avenue/Francisco Boulevard East corridor improvements project consists of four integrated components: 1. 580/101 Interchange Improvements — This project widened sidewalks on Bellam Boulevard between Kerner Boulevard and 1-580 EB Ramps and on Francisco Boulevard East between Bellam Boulevard and Vivian Way. Construction was completed in 2010. 2. Francisco Boulevard East Sidewalk Widening — This project will continue the widened sidewalk on Francisco Boulevard East between Vivian Way and the southern end of the Grand Avenue Bridge. The design, permitting, and environmental clearance portion of this project is complete. San Rafael is actively seeking construction funding. 3. Grand Avenue Bridge Proiect (this grant application) — Installation of a new 12' wide pedestrian/bicycle bridge on the east side of Grand Avenue, installation of a 4' wide sidewalk on the west side of the bridge, removal of the existing uncontrolled crosswalk on the southern end of the bridge. The 95% design, permitting, and CEQA requirements are complete. 4. Second Street and Grand Avenue Intersection Improvements Pro iect — Install widened sidewalks from the northern end of the bridge to the intersection of 2nd/Grand, install mast arm traffic signals, accessibility upgrades, remove the pork chop island on the southwest corner of the intersection. The design of this project is complete. Page 1 of 2 3. Funding Measure A Funds Allocated: $107,000.00 Federal OBAG CMAQ Funds Allocated: $717,000.00 ** Other Local Funds Provided by Applicant: $431,000.00 ** Federal OBAG CMAQ funds noted above are not subject of this funding agreement. These funds are approved by MTC and administered by Caltrans Local Assistance. TAM submitted funding request for approval on April 8, 2015. 4. Cost Estimate Breakdown and Schedule ICost Schedule Status Phase Total % of (nearest Begin phase Project Phase 1000's) (Mohr) End (Mohr) complete IEnvironmental Studies and Permits (ENV) I $101 03/15 11/15 I 50% Final Design (PS&E) $401 03/15 11/15 I 75% Right of Way Acquisition (ROW) Construction (CON) I $1,010 I 03/16 11/16 I 0% Contingency (no more than 10% of the total construction cost) $95 03/16 11/16 I 0% Other (enter phase name) Construction I I Management/Engineering $100 03/16 11/16 0% Other (enter phase name) Total Project Cost I $1,255 I 03/15 11/16 Page 2 of 2 SAFE PATHWAYS TO SCHOOL PROJECT INFORMATION 1. Application Information Responsible Agency: City of San Rafael Address: 111 Morphew St., San Rafael, CA 94915 Contact Person: Leslie Blomquist Phone: (415) 485-3473 E -Mail: Leslie.Blomquist@cityofsanrafael.org 2. Project Information Project Name: Fifth Avenue/Cottage Avenue Solar Powered Crossing Sign Project Project Description: The proposed project will replace existing static school crossing signs with solar powered high visibility LED signs or solar powered rectangular rapid flashing beacon signs. The signs will be installed at the uncontrolled school crosswalk located on the western leg of the intersection of Fifth Avenue and Cottage Avenue. Additionally, the project will include survey, design, and construction of two curb ramps to comply with all ADA requirements. Because Marin Academy's campus encompasses areas on both sides of Fifth Avenue, Cottage Avenue and Mission Avenue, there are a significant number of students who cross the roadways within the marked crosswalks at the intersections of Fifth/Cottage and Mission/Cottage. Of the six crosswalks located at these two intersections, only one crosswalk is uncontrolled - the crosswalk on the western leg of the intersection of Fifth/Cottage. Based on recent turning movement counts, there are over 100 pedestrians who cross Fifth Avenue in the uncontrolled crosswalk at Cottage Avenue on an average school day. 3. Funding Measure A Funds Allocated: $25,000.00 4. Cost Estimate Breakdown and Schedule Cost Schedule Status of Phase Total Begin End phase Project Phase (nearest 1000's) (Mohr) (Mohr) complete Environmental Studies and Permits (ENV) 0 4/15 4/15 0 Final Design (PS&E) I 2,000 I 4/15 I 4/15 I 0 Construction (CON) I 21,000 I 5/15 I 5/15 I 0 Contingency (no more than 10% of the total construction cost) 2,000 5/15 I 5/15 I 0 Total Project Cost I 25,000 I 4/15 I 5/1,5 EXHIBIT B TAM RESOLUTION NO. 2015-03 RESOLUTION OF THE TRANSPORTATION AUTHORITY OF MARIN FOR THE ALLOCATIONS OF $3,480,500 IN MEASURE A, STRATEGY 4.3t FUNDS TO 12 AIARIN AGENCIES AND $717,000 IN FEDERAL OBAG CMAQ FUNDS TO SAN RAFAEL FOR THE THIRD CYCLE OF SAFE PATHWAYS TO SCHOOL PROJECTS WHEREAS, 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; and WHEREAS, The tax proceeds will be used to pay for the programs and projects outlined in TAM's Expenditure PIan; and WHEREAS, The Strategic Plan programs Measure A funds over a 20 year period to the four strategies listed in the Expenditure Plan, including Strategy 4.3, Safe Pathways to School Program; and WHEREAS, Safe Pathways to School Projects are capital projects aimed at malting physical improvements to enhance the safety of school hips; and WHEREAS, Public Works Directors and school officials have been encouraged to submit applications for projects identified in Safe Routes Plans when fiuiding are available; and WHEREAS, In the Fust and Second Cycles of funding in 2007 and 2010, $1.77 million and $2.04 million were made available to fund 12 and 13 projects, respectively; and WHEREAS, Funds are now available for programming in the Third Cycle; and WHERAS, Approximately $4.1 million is available for the Thud Cycle; and WHEREAS, In addition to Measure A funds, $717,000 in federal OBAG CMAQ funds are also available to the Thud Cycle of Safe Pathways to School Program; and WHEREAS, TAM received 33 applications from 12 agencies in the amount of $5.06 million in total requests from the Thud Cycle Call for Projects; and WHEREAS, Staff evaluated the applications based on the criteria specified in the Measure A Expenditure Plan that includes safety, gap closure, maximum usage, matching funds, and geographic equity; and WHEREAS, An Evaluation Committee was formed to validate the scoring and ranking; and Page 1 of 4 WHEREAS, The Evaluation Committee recommended funding the following applications and the amounts as shown in the following charts:, Small Projects ($25,000 maximum allocation) Large Projects ($350,000 maximum allocation) Recommended Agency Project Name and Description Amount Fairfax SFD/Taylor Rectangular Rapid Flash Beacons (RRFB) $25,000 i Marin County Changeable Message Sign (CMS) on schools in unincorporated areas $18,000 Marin County SFD/Lagunitas School Road RRFB $25,000 Marin County Butterfield Road/Green Valley Court RRFB 1 $25,000 Marin County Strawberry Drive at Strawberry Point School RRFB 1 $25000 Mill Valley Throckrnorton Sidewalk Gap Closure $25,000 Novato Solar Speed Feedback signs at four designated schools $24,500 Novato Ignacio Blvd/Laurelwood Crosswalk Enhancements $25,000 Novato Ignacio Blvd/Country Club Drive Crosswalk Enhancements 1 $25,000 Novato South Novato Blvd/Lark Court Crosswalk Enhancements I $25,000 Novato South Novato B1vdlYukon Crosswalk Enhancements 1 $25,000 Ross SFD Sidewalk Construction I $25,000 San Anselmo SFD Mid -Block Crosswalk Improvements 1 $25,000 San Rafael Solar Powered Crossing Signs at Fifth Avenue and Cottage Avenue $25,000 Tiburon Ned Way/Tiburon Blvd Crosswalk RRFB $25,000 Sausalito Total $367,500 Large Projects ($350,000 maximum allocation) ; and Total 1 $3,830,000 1 Page 2 of 4 Recommended Agency Project Name and Description Amount Mill Valley Camino Alto Bike Ped Improvements 1 $350,000 Grand Avenue Bike/Ped Bridge ($717,000 in federal OBAG CMAQ San Rafael funds and $107,000 in Measure A funds) $824,000 TAM TAM Junction Class H Bicycle Improvements along Hwy 1 1 $350,000 Larkspur Doherty Drive Bike Ped Gap Closure $350,000 Novato Plum Street Sidewalk Improvements 1 $350,000 San Anselmo Brookside Elementary School Sidewalk Gap Closure Project j $350,000 Tiburon Greenwood Cove/Blackfield & Tiburon Blvd Bike Ped Improvements 1 $116,000 Bridgeway Pedestrian Improvements: Sausalito/ A. Bridgeway Sidewalk Improvements ($204,000) for Sausalito Marin County B. Hwy 101 Underpass Lighting Upgrade ($146,000) for M.C. $350,000 Fairfax Fairfax Bike Spine Gap Completion Project 1 $350,000 i Corte Madera Tamalpais Drive Pedestrian Crossing Enhancements $90,000 Marin County Pedestrian Improvement Project along major school routes. I $350,000 San Anselmo San Anselmo School Route Bike Spine Project Contingency Sausalito Coloma Street and Ebbtide Ave Pedestrian Improvements Contingency ; and Total 1 $3,830,000 1 Page 2 of 4 WHEREAS, The amount shown for San Rafael's Grand Avenue Bike/Ped Bridge Project includes $717,000 in federal OBAG CMAQ fiords and $107,000 in Measure A funds for the requisite local match requirement; and WHEREAS, The recommendation was presented to the Marin Public Works Association (MPWA) at its February 19, 2015 meeting; and WHEREAS, The MPWA supported the Evaluation Committee's recommendations; and WHEREAS, The recommendation was presented to the Technical Advisory Committee (TAC) at February 19, 2015 meeting; and WHEREAS, The TAC unanimously voted in support of the Evaluation Committee's recommendation but added two additional contingency projects that received the next most points; and ' WHEREAS, On March 9, 2015, the Programming and Projects Executive Committee unanimously supported the recommendation as recommended by the MPWA with two contingency projects; and WHEREAS, On March 26, 2015, the TAM Board adopted the reconunendation as proposed the TAM's TAC by increasing the contingency list of projects from two to four to include Larkspur's Magnolia Avenue Project and Sausalito's Tomales Street Project; now therefore, be it RESOLVED, That the Transportation Authority of Marin hereby allocates Measure A funds under Strategy 4.3 to projects and amounts as shown in the above charts on page 2; and be it further RESOLVED, That the Transportation Authority of Marin hereby allocates $717,000 in federal OBAG CMAQ funds to San Rafael for Grand Avenue Bridge Project; and be it further RESOLVED, That the Transportation Authority of Marin hereby allocates Measure A funds to four contingency projects if additional Measure A Safe Pathway funds become available by December 31, 2016; and be it fiu-ther RESOLVED, That these contingency projects are prioritized in the following order for funding: 1) San Anselino's Bike Spine Project, 2) Sausalito's Coloma/Ebbtide Project, 3) Larkspur's Magnolia Avenue Pedestrian Improvement Project, and 4) Sausalito's Tomales Street Pedestrian Improvement Project; and be it further Page 3 of 4 RESOLVED, That if additional Measure A Safe Pathway funds are not available by December 31, 2016, these contingency projects will no longer be eligible for funding from the Third Cycle Safe Pathways to School Program; and be it further RESOLVED, That the Transportation Authority of Marin finds the allocations of these fluids to be in conformance with the priorities and funding levels established in the Measure A Expenditure Plan and the 2014 Measure A Strategic Plan Update; and be it further RESOLVED, That the Transportation Authority of Marhi hereby authorizes the actual expenditure (cash reimbursement) of funds for these activities to take place subject to the Fiscal Year Cash Flow Distribution Schedule detailed in the attached Allocation Request Forms; and be it further RESOLVED, That as a condition of this authorization for expenditure, the Executive Director shall impose such terms and conditions as are necessary for the project sponsors, to comply with applicable law and adopted Authority policies and execute Funding Agreements with the respective project sponsors to that effect; and be it further RESOLVED, That as a condition of this authorization for expenditure, the referenced project sponsors shall provide the Authority with any other information it may request regarding the use of the funds hereby authorized. PASSED AND ADOPTED at a regular meeting of the Transportation Authority of Marin held on the 26"' day of March 2015, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ATTEST: l Dianne Stembauser Executive Director Arnold, Connolly, Donnell, Eklund, Fredericks, Hillmer, Kinsey, Moulton -Peters, Phillips, Reed, Rice, Sears, Theodores Furst, Greene, Kellner, Kuhl Stephanie Moulton -Peters, ,chair Transportation Authority of Marin Page 4 of 4 Exhibit C Project Closeout Report (sample format) (Due with final reimbursement request) Final amount spent on this project, including non -Measure A funds: Describe any significant scope changes from the Allocation Request Form, if any: Date that the project was opened for public use: Was there any ground -breaking and/or ribbon -cutting ceremony? If so, list dates: Provide copies of any press releases issued: Provide digital photographs of completed project: Measure A signage - Number of signs posted: 4.: M.,:11'. Ik � x.: t A .......y �, 'a A4f f� �. f1 R.! A �,, n,. . � "...x� nr *n `• � ROUTING SLIP / APPROVAL FORM INSTRUCTIONS: Use this cover sheet with each submittal of a staff report before approval by the City Council. Save staff report (including this cover sheet) along with all related attachments in the Team Drive (T:) --> CITY COUNCIL AGENDA ITEMS -> YEAR 4 MEETING DATE 4 TOPIC Agenda Item #3-J Date of Meeting: 8/3/2015 From: Kevin McGowan Department: Public Works Date: 7/22/2015 Topic: Funding agreement with Transportation Authority of Marin for the Grand Avenue Bicycle / Pedestrian Bridge and the Fifth Avenue / Cottage Solar Powered Crossing Sign project Subject: A resolution of the City Council of the City of San Rafael approving a funding agreement in the amount of $132,000 with the transportation authority of marin for the 'Gran Avenue Bicycle / Pedstrian Bridge' project and the "Fifth Ave / Cottage Ave Solar Powered Crossing Sign' project and Authorizing the Director of Public Works to execute the agreement. Type: ® Resolution ❑ Ordinance ❑ Professional Services Agreement ❑ Other: APPROVALS ® Department Director Remarks: ® Finance Director Remarks: ok M City Attorney Remarks: ETD 7/27/15. See my edits to the Resolution and Staff Report, and my comments regardind the latter. City Manager Remarks: FOR CITY CLERK ONLY File No.: Council Meeting: Disposition: