HomeMy WebLinkAboutReso 18-23 Approving A Funding Agreement with the Tri-Valley Transportation Council for the Iron Horse Trail Bridge at Dublin Boulevard Project, CIP No. ST0118
Reso. No. 18-23, Item 4.2, Adopted 03/07/3023 Page 1 of 2
RESOLUTION NO. 18 – 23
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING A FUNDING AGREEMENT WITH THE TRI-VALLEY TRANSPORTATION
COUNCIL FOR THE IRON HORSE TRAIL BRIDGE AT DUBLIN BOULEVARD PROJECT,
CIP NO. ST0118
WHEREAS, on February 20, 2018, the City Council adopted Resolution No. 15 -18,
approving a new Capital Improvement Program Project, the Iron Horse Trail Bridge at Dublin
Boulevard (“Project”) and approving a Consulting Services Agreement with Mark Thomas &
Company, Inc. for the final design phase for the Project; and
WHEREAS, the City of Dublin, as one of the members of the Tri-Valley Transportation
Council (“TVTC”), is a signatory to the Joint Exercise of Powers Agreement pertaining to the Tri -
Valley Transportation Development Fee (“TVTDF”); and
WHEREAS, the City is the Project sponsor and requested a TVTDF funding allocation; and
WHEREAS, the Project is identified on List C of the TVTC Strategic Expenditure Plan
(“SEP”) and is programmed for funding in the SEP Funding Plan; and
WHEREAS, on March 1, 2022, the City Council adopted Resolution No. 18-22, awarding
construction of the Project to Goodfellow Sequoia A JV and increasing the budget by $2,400,000
and identifying TVTDF as a future funding source covering $600,000; and
WHEREAS, on October 17, 2022, TVTC approved the allocation of $600,000 of TVTDF
funds for the Project (TVTC Resolution No. 2022-22); and
WHEREAS, the Parties desire to enter into this Funding Agreement to outline the terms
and obligations associated with the allocation of TVTDF funds.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin approves
the Funding Agreement with the Tri-Valley Transportation Council, attached hereto as Exhibit A
to this Resolution.
BE IT FURTHER RESOLVED that the City Manager, or designee, is authorized to execute
the Funding Agreement, attached hereto as Exhibit A, and make any necessary, non-substantive
changes to carry out the intent of this Resolution.
{Signatures on the following page}
Reso. No. 18-23, Item 4.2, Adopted 03/07/3023 Page 2 of 2
PASSED, APPROVED AND ADOPTED this 7th day of March 2023, by the following vote:
AYES: Councilmembers Hu, Josey, McCorriston, Qaadri and Mayor Hernandez
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
FUNDING AGREEMENT BETWEEN
THE TRI-VALLEY TRANSPORTATION COUNCIL AND CITY OF DUBLIN FOR
THE ALLOCATION OF TVTDF FUNDS IN THE AMOUNT OF $600,000 FOR THE
IRON HORSE TRAIL BICYCLE PEDESTRIAN OVERCROSSING AT DUBLIN
BOULEVARD PROJECT (Project C.11C)
This AGREEMENT is made and entered into as of , 2023 by and between the
Tri-Valley Transportation Council and the City of Dublin (DUBLIN), collectively referred to
herein as the “Parties.”
RECITALS
A.WHEREAS, DUBLIN, as one of the members of the Tri-Valley Transportation Council
(“TVTC”), is a signatory to the Joint Exercise of Powers Agreement pertaining to the Tri-
Valley Transportation Development Fee (“TVTDF”); and
B.WHEREAS, the Iron Horse Trail Bicycle Pedestrian Overcrossing at Dublin Boulevard
Project (“Project”) is identified on List C of the TVTC Strategic Expenditure Plan
(“SEP”) and is programmed for funding in the SEP Funding Plan; and
C.WHEREAS, DUBLIN is the Project sponsor and requested a TVTDF funding allocation;
and
D.WHEREAS, pursuant to Resolution No. 2022-22, TVTC approved the allocation of
$600,000.00 of TVTDF funds to DUBLIN for the Project; and
E.WHEREAS, the Parties desire to enter into this Funding Agreement to outline the terms
and obligations associated with the allocation of TVTDF funds;
NOW, THEREFORE, THE PARTIES DO HEREBY AGREE AS FOLLOWS:
Exhibit A
TRI-VALLEY TRANSPORTATION COUNCIL
TRI-VALLEY TRANSPORTATION COUNCIL
Tri-Valley Transportation Council
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SECTION I
TVTC AGREES:
A. To allocate and transmit to DUBLIN $600,000.00 of TVTDF funds for the Project.
DUBLIN AGREES:
A. To utilize the TVTDF funds solely for the Project, in accordance with the SEP.
B. To keep and maintain accurate documentation consistent with Generally Accepted
Accounting Principles (GAAP) related to the expenditure of the TVTDF funds allocated
for the Project.
C. To make any and all documentation related to the Project’s use of TVTDF funds
available to TVTC or its representatives upon request.
D. To promptly notify TVTC of any unspent TVTDF funds after Project completion and
promptly return said funds to TVTC.
SECTION II
IT IS MUTUALLY AGREED:
A. Any notice given under this Funding Agreement shall be in writing and shall be deemed
given if delivered personally or mailed by registered or certified mail or commercial
overnight courier, return receipt or confirmation of delivery requested, or by facsimile
transmission with voice confirmation of receipt, the parties at the following addresses (or
at such other address for a party as shall be specified by like notice):
If to DUBLIN:
Michael Boitnott, Capital Improvement Program Manager
City of Dublin
Transportation Division
100 Civic Plaza
Dublin, CA 94568
michael.boitnott@dublin.ca.gov
If to TVTC:
Sai Midididdi, T.E
Attention: TVTC Administrator
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Sai.midididdi@dublin.ca.gov
TRI-VALLEY TRANSPORTATION COUNCIL
Tri-Valley Transportation Council
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SIGNATURES ON THE NEXT PAGE
CITY OF DUBLIN
A Municipal Corporation
“DUBLIN”
Linda Smith, City Manager
APPROVED AS TO FORM:
John Bakker, City Attorney
ATTEST:
Marsha Moore, City Clerk
City Council Resolution No.
TRI-VALLEY TRANSPORTATION
COUNCIL
Jean Josey, Chair
APPROVED AS TO FORM:
Steven Mattas, TVTC Counsel
ATTEST:
Sai Midididdi, TVTC Administrator