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HomeMy WebLinkAboutReso 179-12 Street Overlay Program RESOLUTION NO. 179 - 12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AN AGREEMENT WITH THE ALAMEDA COUNTY TRANSPORTATION COMMISSION (ACTC) FOR CMA TRANSPORTATION IMPROVEMENT PROGRAM (TIP) FUND TRANSFER FOR THE ANNUAL STREET OVERLAY PROGRAM WHEREAS, a procedural step in receiving CMA TIP funding for the City of Dublin Annual Street Overlay Capital Improvement Program, the City of Dublin is to enter into an agreement with the Alameda County Transportation Commission (ACTC); and WHEREAS, the agreement outlines the terms and conditions for reimbursement from ACTC to the City of Dublin with funds made available from the CMA TIP; and WHEREAS, the City is required to execute said Agreement in order to receive CMA TIP funding for the City of Dublin's Annual Overlay Capital Improvement Program Project; and WHEREAS, $911,000 in CMA TIP funding will be made available for the reimbursement of eligible costs related to the City of Dublin's Annual Street Overlay Capital Improvement Program upon execution of said Agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby; approves the Agreement, attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreement. PASSED, APPROVED AND ADOPTED this 16th day of October, 2012, by the following vote: AYES: Councilmembers Biddle, Hart, Hildenbrand, Swalwell, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None haa Mayor AST: r '' or avP City Clerk Reso No. 179-12,Adopted 10-16-12, Item 4.6 Page 1 of 1 Alameda CTC Agreement No. Al 1-0090 ALAIVIEDA COUNTY TRANSPORTATION COMMISSION • CMA TRANSPORTATION IMPROVEMENT PROGRAM (CMA TIP) FUND TRANSFER AGREEMENT This AGREEMENT, dated April I, 2012, for reference purposes only, is between the Alameda County Transportation Commission ("Alameda CTC") and the City of Dublin ("SPONSOR"). SECTION 1. PURPOSE OF AGREEMENT The purpose of this AGREEMENT is to specify the terms and conditions for reimbursement from the Alameda CTC to SPONSOR with funds made available from the CMA Transportation Improvement Program ("CMA TIP"), the responsibility for which has been assumed by Alameda CTC, as the successor agency to the Alameda County Congestion Management Agency ("CMA"). SECTION 2. DESCRIPTION OF PROJECT AND CMA BOARD APPROVAL DATE On February 23, 2006 and February 26, 2009, the CMA Board programmed a total of$911,000 of the funds available from the CMA TIP for reimbursement of eligible costs ("CMA TIP ELIGIBLE COSTS") related to the Annual Street Overlay Program Project ("PROJECT"). The CMA TIP ELIGIBLE COSTS and PROJECT are described in more detail in Appendix A attached hereto and incorporated herein by this reference. SECTION 3. REIMBURSEMENT OF FUNDS The SPONSOR must submit to Alameda CTC at least one request for reimbursement under this AGREEMENT each fiscal year until reimbursement is complete, and may submit multiple such requests no more frequently than once a month. The effective date of eligibility for CMA TIP ELIGIBLE COSTS is shown in Appendix A. Costs incurred prior to the effective date of eligibility shown in Appendix A will not be eligible for reimbursement. The CMA TIP Drawdown Schedule and matching fund requirements are described in more detail in Appendix B attached hereto and incorporated herein by this reference. Actual CMA TIP reimbursements from Alameda CTC to SPONSOR by quarter shall not exceed the Cumulative CMA TIP Drawdown Limitations set forth in Table B1 in Appendix B without written approval by the Executive Director of the Alameda CTC or a designee of the Executive Director. Any reimbursement request, or portion of a reimbursement request, which exceeds the applicable Cumulative Drawdown Limitation without such prior written approval, shall be deferred until the following quarter. The SPONSOR must complete a "Request forReimbursement of Funds", in substantially the form attached as Appendix C, including supporting documentation for costs incurred and listed in Table Al in Appendix A. If the Estimated Total Cost for a Cost Line Item listed in Table Al in Appendix A exceeds the CMA TIP Not to Exceed Amount listed in Table Al in Appendix A for the same Cost Line Item, supporting documentation shall be included for the total costs incurred for that Cost Line Item and shall indicate the amount of CMATIP funding requested as reimbursement for that Cost Line Item. The supporting documentation shall segregate the costs for which reimbursements are being requested in a manner that indicates which Cost Line Item, as described in Table Al in Appendix A, specific costs shall be charged against. If SPONSOR intends to request reimbursement from the CMA TIP for costs incurred as a result of • a contract or agreement, SPONSOR shall submit a copy of each executed contract or agreement for which reimbursement will be requested. Alameda CTC will not approve any reimbursement for costs associated Page 1 Alameda CTC Agreement No. A11-0090 CMA TIP Project No. 22-003 with a contract or agreement prior to receiving a copy of the executed contract or agreement. A sample form for requests for reimbursement of funds is included in Appendix C. SECTION 4. DOCUMENTATION OF EXPENDITURES AND STATUS OF PROJECT SPONSOR will submit written reports to the Alameda CTC on a quarterly basis, commencing not later than the end of the first calendar quarter following the execution of this Agreement, which itemize 1) the expenditure of funds on the PROJECT, 2) progress to date in the implementation of the PROJECT, and 3) projections of both expenditures and expected progress for the following quarter. A sample form for Quarterly Project Status Updates is included in Appendix D. No reimbursements may be made pursuant to Section 3 until SPONSOR has submitted at least one such status update. If SPONSOR intends to request reimbursement for staff costs, SPONSOR is required to maintain employee time sheets documenting hourly labor costs incurred in the implementation of the PROJECT for which reimbursement is requested, or to establish an alternative method of documenting staff costs charged to the PROJECT for which reimbursement will be requested. Any alternative method of documenting staff costs must be approved in writing by the Executive Director of the Alameda CTC or a designee of the Executive Director. SPONSOR will, for the duration of the PROJECT and for three(3) years following completion of the PROJECT, make available to the Alameda CTC or to an independent auditor all records relating to PROJECT performance and expenses incun-ed in implementing the PROJECT. SECTION 5. LIMITATION OF COSTS AND COMPLIANCE WITH LAWS Reimbursement from CMA TIP funds for each Cost Line Item described in Table Al in Appendix A shall not exceed the CMA TIP Not to Exceed amounts shown in Table A I in Appendix A. SPONSOR may submit a request in writing to Alameda CTC for approval to shift funds between Cost Line Items or to add or replace Cost Line Items. Approval to shift funds between Cost Line Items or to add or replace Cost Line Items must be made in writing by the Executive Director of the Alameda CTC or a designee of the Executive Director. Any increase in the total amount of CMA TIP ELIGIBLE COSTS shall require an amendment to this AGREEMENT. The Effective Date of Eligibility for CMA TIP ELIGIBLE COSTS is April 1, 2011. Costs for SPONSOR's staff dedicated to project management or project development work will be eligible for reimbursement. Costs for SPONSOR's management and oversight staff, such as the General Manager, Executive Director, Deputy Directors, SPONSOR's in-house counsel, and senior management staff, will be • considered to be part of the SPONSOR's overhead cost and will not be eligible for reimbursement. Costs for SPONSOR's project managers in an oversight role, which are not reimbursable, are distinguished from costs for SPONSOR's staff performing project specific tasks, e.g. planning, engineering, etc. Costs for SPONSOR's staff engineers and planners performing project specific tasks are eligible for reimbursement. Reimbursement for SPONSOR staff costs may include a mark-up of the hourly wage to allow the SPONSOR to recoup direct labor costs dedicated to the PROJECT. The mark-up should not exceed 50% of the hourly wage (i.e. marked-up rate equal to 1.5 times the hourly wage). If this rate does not allow the SPONSOR to recoup direct costs dedicated to the PROJECT, the SPONSOR may submit documentation for Alameda CTC's consideration and approval. Mark-up rates in excess of 50% of the hourly wage must be approved in writing by the Executive Director of the Alameda CTC or a designee of the Executive Director. Page 2 • Alameda CTC Agreement No. A11-0090 CMA TIP Project No. 22-003 SPONSOR agrees to award and administer the contracts for PROJECT in accordance with requirements of the Local Agency Public Construction Act, to the extent applicable, and the California Labor Code, including its prevailing wage provisions. SECTION 6. SIGNAGE SPONSOR will include language listing Alameda CTC as a co-sponsor or funding.agency on all construction signs describing the PROJECT and on all written materials that describe the PROJECT and list sponsoring or funding agencies. SECTION 7. INDEMNIFICATION • To the fullest extend allowed by law, SPONSOR shall indemnify, protect, defend and hold harmless Alameda CTC and CMA, and their respective officers, employees, agents,representatives, and successors- in-interest, against any and all claims, suits or actions resulting from the negligent or reckless performance by SPONSOR of its duties under this AGREEMENT. To the fullest extend allowed by law, Alameda CTC shall indemnify, protect, defend and hold harmless SPONSOR, its officers, employees, agents, representatives, and successors-in-interest against any and all claims, suits or actions resulting from the negligent or reckless performance by Alameda CTC of its duties under this AGREEMENT. SECTION S. NONDISCRIMINATION _ During the performance of services under this AGREEMENT, SPONSOR and all consultants paid with funds governed by this AGREEMENT ("Consultants") shall not discriminate against any persons or group of persons on the grounds of race, religious creed, color, national origin, age, ancestry, physical disability, medical condition, marital status, sex, sexual orientation, Vietnam Era Veteran's status, political affiliation or any other non-merit factor. SPONSOR will comply with all applicable provisions of Executive Order 11246 as amended by Executive Order 11375 and as supplemented by Department of Labor regulations. It is SPONSOR's policy and practice to assure equal opportunity and to further ensure that applicants are employed, and that employees are treated during their employment without regard to their race, religion, sex, color or national origin. It is the policy of Alameda CTC to ensure nondiscrimination in the award and administration of Federal and state assisted contracts and to create a level playing field on which disadvantaged business enterprises, as defined in 49 C.F.R. Part 26, can compete fairly for contracts and subcontracts relating to Alameda CTC's procurement and professional services activities. In connection with the performance of this AGREEMENT, SPONSOR will cooperate with Alameda CTC in meeting these commitments and objectives. SPONSOR agrees to comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000 (d)) and the regulations of the Department of Transportation issued thereunder(49 C.F.R. Part 21). • SECTION 9. ASSIGNMENT OR TRANSFER This AGREEMENT may not he assigned, transferred, hypothecated or pledged by any party without the express written consent of the other party, except as set forth in this AGREEMENT. This AGREEMENT shall be binding upon any successors or assigns of the parties hereto. Page 3 Alameda CTC Agreement No.Al 1-0090 CMA TIP Project No. 22-003 SECTION 10. AMENDMENTS Amendments to this AGREEMENT, including modifications to the PROJECT, will only be effective if they are madein writing and signed by both parties. ALAMEDA COUNTY TRANSPORTATION CITY OF DUBLIN COMMISSION By: By: Name: Arthur L. Dao Name: Title: Executive Director Title: • Date: Date: Recommended for Approval: Recommended: By: By: Name: Stewart D. Ng Name: Deputy Director Title: Programming and Projects Title: • Date: Date: Reviewed as to Budget/Financial Controls: By: Name: Patricia Reavey Title: Director of Finance Date: Approved.as1000rm ari'd Legality: Approved as to Form and Legality: '` %a � 1. L By: Wendel, Rosen, Black & Dean LLP Legal Counsel to Alameda CTC Legal Counsel to Sponsor Page 4 Alameda CTC Agreement No.All-0090 CMA 27P Project No. 22-003 APPENDIX A PROJECT DESCRIPTION AND SCHEDULE Project Sponsor: City of Dublin Project Title: Annual Street Overlay Program • Project Description: PROJECT consists of pavement rehabilitation, widening, and sidewalk and curb ramp components to be delivered in two phases, as follows: Contract 1 (Phase I): Rehabilitate Dublin Boulevard pavement between Sierra Court and Dublin Court, and extend the sidewalk along the west side of Sierra Court approximately 100 feet to close the sidewalk gap, and upgrade curb ramps for Title 24 compliance. Contract 2 (Phase II): Rehabilitate the west side of Dougherty Road and widen the east side of Dougherty Road, together with upgrading the curb ramps to Title 24 compliance. This contract is proposed to be completed together with the Measure B funded project to widen the east side of Dougherty Road between the City Limit and Scarlett Drive. CMA TIP ELIGIBLE COSTS: CMA TIP ELIGIBLE COSTS shall consist of costs resulting directly from the eligible activities described in the "Cost Line Items" shown in Table Al below. The CMA TIP Not to Exceed Amounts shown in Table A I represent the maximum amount of CMA TIP funds available for reimbursement of costs resulting from the corresponding eligible activity or set of activities for the Cost Line Item indicated. The Estimated Total Cost (All Funds) shown in Table Al represents the estimated total costs for the corresponding eligible activity or set of activities for all fund sources contributing to those costs. The CMA TIP ELIGIBLE COSTS shall be segregated by Cost Line Item and Project Phase. If SPONSOR intends to request reimbursement for agency staff time, such costs shall he segregated into Cost Line Items in the appropriate phase which include only agency staff time. Miscellaneous and incidental costs may be combined on a single Cost Line Item in a given phase. Costs anticipated from contracts or agreements in excess of$5,000 for which reimbursement will be requested must be shown in Table Al on a separate Cost Line Item for each contract or agreement. lf, at the time this AGREEMENT is executed, the number of contracts or agreements to be entered into for a particular phase is not known, Table Al will be revised in accordance with the provisions set forth in Section S of this AGREEMENT. Table Al: CMA TIP ELIGIBLE COSTS — TOTALS BY COST LINE ITEM Cost Project Description of eligible activity(ies) Total CMA TIP Estimated Total Line Phase for this Cost Line Item Not to Exceed Cost(All Funds) Item No. Amount for this for this Cost Cost Line Item Line Item Con Phase I: Dublin Blvd. construction contract $289,487 • $289,487 2 Con Phase 2: Dougherty Rd. construction contract $621,513 $621,513 Totals $911,000 • $911,000 Effective Date of Eligibility for CMA TIP ELIGIBLE COSTS: CMA TIP ELIGIBLE COSTS incurred prior to April 1, 2011 will not be eligible for reimbursement. Page A-1 Alameda CTC Agreement No. A11-0090 CMA TIP Project No. 22-003 • PROJECT Milestone Schedule: Scheduled Date (Mo/Yr) or Milestone Actual Date (Mo/Dy/Yr) Phase 1: Environmental Approval - CEQA December 2010 Begin PS&E December 2010 Final PS&E January 2011 Right of Way Certification NA Advertise for Bids-Construction February 2011 Award Construction Contract April 2011 Accept Construction Contract June 2011 Final Invoice (for CMA TIP final payment) April 2012 Project Closeout Complete June 2012 Phase 2: Environmental Approval - CEQA February 2013 Begin PS&E February 2013 Final PS&E December 2013 Right of Way Certification NA Advertise for Bids-Construction February 2014 Award Construction Contract April 2014 Accept Construction Contract September 2015 - Final Invoice (for CMA TIP final payment) November 2015 Project Closeout Complete December 2015 Page A-2 Alameda CTC Agreement No. All-0090 CMA TIP Project No. 22-003 APPENDIX B CMA TIP DRAWDOWN SCHEDULE AND MATCHING FUND REQUIREMENTS Project Sponsor: City of Dublin Project Title: Annual Street Overlay Program CMA TIP Drawdown Schedule: Actual CMA TIP reimbursements from Alameda CTC to SPONSOR by quarter shall not exceed the Cumulative Drawdown Limitations set forth in the table below without written approval by the Executive Director of the Alameda CTC or a designee of the Executive Director. Any portion of a reimbursement request, which exceeds the applicable Cumulative Drawdown Limitation without such prior written approval, shall be deferred until the following quarter. Table B1: Cumulative CMA TIP Drawdown Limitations • Quarterly CMA TIP Cumulative CMA TIP • Drawdown Amount Drawdown Limitation Fiscal Year' Qtr ' ($x 1,000), ($x 1,000) 2011/12 4 $289,487 $289487 • 2015/16 2 $621,513 5621,513 Total $911,000 Fiscal Year 11/12=7/1/11-6/30/12 • 2 Qtr 1 =7/1 —9/30; QTR 2= 10/1 —12/31; Qtr 3= 1/1 —3/31; and Qtr 4=4/1—6/30 Matching Fund Requirements: There are no matching fund requirements for the CMA TIP ELIGIBLE COSTS. • • Page B-1 Alameda CTC Agreement No. A11-0090 CMA TIP Project No. 22-003 APPENDIX C REQUEST FOR REIMBURSEMENT OF FUNDS SAMPLE FORM (Submit Requests on SPONSOR letterhead) Project SPONSOR: Project Title: CMA TIP Project No: Total CMA TIP funds programmed to the PROJECT: $ Total of previous reimbursement requests: $ Balance available for this request: $ Amount of this Request *: $ Supporting documentation must he submitted for expenditures to be reimbursed. Copies of executed contracts or agreements for which reimbursement is requested must be submitted prior to Alameda CTC approval of reimbursement. Costs should he segregated by the Cost Line Items shown in Table Al in Appendix A of the current fund transfer agreement. If there are matching fund requirements stipulated in Appendix B of the current fund transfer agreement, supporting documentation is required for both costs to be reimbursed by the CMA TIP and costs to be funded by matching funds. To the best of my knowledge, the above information is true and correct and I am authorized to request this reimbursement of funds. Name & Title: Signature:- Date: Attachments • Page C-1 Print on Sponsor's Letterhead APPENDIX D CMA TIP QUARTERLY PROJECT STATUS REPORT SAMPLE FORM Instructions in Italics Project Sponsor: Project Title: Provide title from agreement CMA TIP Proj. No. Provide CMA TIP project number from agreement. Project Description: Provide description from agreement PROJECT STATUS: Provide a description of the progress to date in the implementation of the project. ACTIVITIES THIS QUARTER: Provide a description of project related activities which occurred during the quarter preceding this status report, including activities resulting in CMA TIP Eligible Costs, ACTIVITIES PLANNED FOR NEXT QUARTER: Provide a description of project related activities planned for the quarter following this status report, including activities expected to result in CMA TIP Eligible Costs. TOTAL PROJECT COSTS / CMA TIP ELIGIBLE COSTS: Provide a stumnary of total project costs incurred to date and list all funds sources used to cover those costs including CMA TIP. The summary of costs and funding should include subtotals for each phase. PROJECT MILESTONE SCHEDULE: • Update the following Milestone Schedule from the CMA TIP Funding Agreement. Date from Agreement or Current Schedule Date most recent Amendment (Mo/Yr) or Milestone (Mo/Yr) Actual Date (Mo/Dy/Yr) Environmental Approvals CEQA NEPA Final PS&E • Right of Way Certification • Advertise Construction Complete Construction Report Prepared By: Provide name of preparer Date: Date of Report 1809032.1 Paee D-1