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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: April 7, 2009
SUBJECT: Agreement with the Alameda County Congestion Management
Agency (CMA) to Transfer CMA Transportation Improvement
Program (TIP) Funds for the Annual Street Overlay Program
Report Prepared by: Steven Yee, Public Works Manager
ATTACHMENTS: Resolution Approving An Agreement with the Alameda County
Congestion Management Agency (CMA) to Transfer CMA
Transportation Improvement Program (TIP.) Funds for the City of
Dublin's Annual Street Overlay Program, together with "Exhibit A,"
Agreement
RECOMMENDATION: Adopt the Resolution Approving An Agreement with the Alameda
County Congestion Management Agency (CMA) for Transportation
Improvement Program (TIP) Fund Transfer for the City of Dublin's
Annual Street Overlay Program.
FINANCIAL STATEMENT: Upon approval of the Agreement, $289,000 in CMA TIP funds will
be made available to the City of Dublin for reimbursement of
eligible costs related to the Annual Street Overlay Program. There
are no matching fund requirements for this CMA TIP funding.
DESCRIPTION: The Alameda County Congestion Management Agency (CMA) has
programmed $289,000 of the funds available in the CMA Transportation Improvement Program (TIP) for
reimbursement of eligible costs related to the resurfacing of Amador Valley Boulevard between San
Ramon Road and Village Parkway. This work will be completed as part of the Fiscal Year 2008-2009
Annual Street Overlay Capital Improvement Program (CIP) project. The project consists of the repair,
resurfacing, and restriping of vehicle lanes and Class II bike lanes on Amador Valley Boulevard.
Upon approval of the Agreement, funds in the amount of $289,000 will be available for reimbursement of
eligible costs as identified in the Annual Street Overlay CIP project for completing the work on Amador
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COPY TO:
Page 1 of 2
ITEM NO. ~~
G:\CIP\Overlay\2008-2009\AS CMA Application_Apri12009.doc ~
Valley Boulevard. The purpose of this Agreement is to specify the terms and conditions for
reimbursement from the CMA to the City of Dublin with funds made available from the CMA TIP.
RECOMMENDATION: Staff recommends that the City Council adopt the Resolution
Approving An Agreement with the Alameda County Congestion Management Agency (CMA) for
Transportation Improvement Program (TIP) Fund Transfer for the City of Dublin's Annual Street Overlay
Program.
Page 2 of 2
i~ ~a
RESOLUTION NO. - 09
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AGREEMENT WITH THE ALAMEDA COUNTY CONGESTION
MANAGEMENT AGENCY (CMA) FOR TRANSPORTA`T'ION IMPROVEMENT PROGRAM
(TIP) FUND TRANSFER FOR THE CITY OF DUBLIN'S
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 Congestion Management Agency (CMA); and
WHEREAS, the agreement outlines the terms and conditions for reimbursement from the CMA 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, $289,000 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 7th day of April, 2009, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINING:
ATTEST:
Mayor
City Clerk
G:\CIP\Overlay\2008-2009\RESO CMA Agreement_Apri12009.doc
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CMA Agreement No. B09-001
ALAMEDA COUNTY CONGESTION MANAGEMENT AGENCY
CMA TRANSPORTATION IMPROVEMENT PROGRAM (CMA TIP)
FUND TRANSFER AGREEMENT
This AGREEMENT is made on ,between the Alameda County Congestion
Management Agency (hereinafter "CMA"), and the City of Dublin (hereinafter "SPONSOR").
SECTION 1. PURPOSE OF AGREEMENT
The purpose of this AGREEMENT is to specify the terms and conditions for reimbursement from the CMA
to SPONSOR with funds made available from the CMA Transportation Improvement Program (hereinafter
"CMA TIP").
SECTION 2. DESCRIPTION OF CMA TIP PROGRAMMING AND OF PROJECT
The CMA has programmed $ 289,000 of the funds available from the CMA TIP for reimbursement of
eligible costs (hereinafter "CMA TIP ELIGIBLE COSTS") related to the Amador Valley Boulevard Project
(hereinafter "PROJECT"). The CMA TIP ELIGIBLE COSTS and PROJECT are described in more detail
in Appendix A attached hereto and incorporated herein by this reference.
A portion of the amount of CMA TIP funds programmed for the PROJECT is not currently available for
reimbursement (hereinafter "DEFERRED PROGRAMMED AMOUNT"). The DEFERRED
PROGRAMMED AMOUNT for the PROJECT is $ 156,000. The DEFERRED PROGRAMMED
AMOUNT will become available after the CMA secures an exchange for the non-CMA TIP funds that are
being exchanged to provide the DEFERRED PROGRAMMED AMOUNT. The exchange to provide the
DEFERRED PROGRAMMED AMOUNT is not expected to be secured prior to fiscal year 2009/2010.
The expected timeframe for the availability of the DEFERRED PROGRAMMED AMOUNT is reflected in
the Cumulative CMA TIP Drawdown Limitations set forth in Table B1 in Appendix B attached hereto and
incorporated herein by this reference.
SECTION 3. REIMBURSEMENT OF FUNDS
The SPONSOR must submit to CMA at least one request for reimbursement under this Agreement each six
month period until reimbursement is complete, and may submit multiple such requests no more frequently
than once a month. The first six month period during which a request for reimbursement must be submitted
shall begin on the first day of the month following the date on which this AGREEMENT is made on as
shown above. If no CMA TIP ELIGIBLE COSTS are incurred during any six-month period, the
SPONSOR shall submit an explanation in writing in lieu of a request for reimbursement to the CMA TIP
Program Manager. The written explanation shall describe the circumstances such that no CMA TIP
ELIGIBLE COSTS were incurred for the PROJECT.
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. Actual CMA TIP reimbursements from CMA to SPONSOR by quarter shall not exceed the Cumulative
CMA TIP Drawdown Limitations set forth in Table B 1 in Appendix B without written approval by the
Executive Director of the CMA or a designee of the Executive Director. Any reimbursement request, or
portion of a reimbursement request, which exceeds the applicable Cumulative Drawdown Limitation
EXHIBIT /~.
ACCMA Fund Transfer Agreement No.
CMA TIP Project No. 22-002
Amador Valley Blvd. between San Ramon Blvd. and east of Village Pkwy
3~so
without such prior written approval, shall be deferred until the earliest subsequent quarter for which the
Cumulative Drawdown Limitation shown in Table B 1 in Appendix B is sufficient to approve the request
for reimbursement, or portion of a reimbursement request.
The SPONSOR must complete a "Request for :Reimbursement of Funds" 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 AI 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 CMA TIP funding requested as
reimbursement for that Cost Line Item. The amount of CMA TIP funding requested as reimbursement for
a Cost Line Item listed in Table Al in Appendix A with an Estimated Total Cost which exceeds the CMA
TIP Not to Exceed Amount listed in Table Al i:n Appendix A shall be in the same proportion to the total
costs incurred for the Cost Line Item reflected on the request for reimbursement as the proportion of the
CMA TIP Not to Exceed Amount to the Estimated Total Cost for the Cost Line Item as shown in Table Al
in Appendix A.
The supporting documentation shall segregate t:he 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. The supporting documentation shall clearly indicate both the total cost amount and the
amount of CMA TIP costs for each cost Line Item shown in Table AI in Appendix A. 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. CMA will not approve any reimbursement for costs associated with a contract or agreement prior to
receiving a copy of the executed contract or agreement. A sample form for the cover sheet to a request 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 CMA on a quarterly basis, commencing at 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.
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 CMA or a designee of the Executive Director.
SPONSOR will, for the duration of the PROJE(:T and for three (3) years following completion of the
PROJECT, make available to the CMA or to an independent auditor all records relating to PROJECT
performance and expenses incurred 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 AI in Appendix A shall
not exceed the CMA TIP Not to Exceed amounts shown in Table Al in Appendix A. SPONSOR may
submit a request in writing to CMA for approval to shift funds between Cost Line Items or to add or
Page 2
ACCMA Fund Transfer Agreement No.
CMA TIP Project No. 22-002
Amador Valley Blvd. between San Ramon Blvd. and east of Village Pkwy
~{o~~o
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 CMA 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.
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 amark-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 t:he PROJECT, the SPONSOR may submit documentation
for CMA'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 CMA or a designee of the Executive Director.
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 the Alameda County Congestion Management Agency 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
SPONSOR shall indemnify, protect, defend and hold harmless CMA, 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 SPONSOR of its duties under the Agreement. CMA 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 CMA of its duties under this Agreement.
SECTION 8. 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
Page 3
ACCMA Fund Transfer Agreement No.
CMA TIP Project No. 22-002
Amador Valley Blvd. between San Ramon Blvd. and east of Village Pkwy
5~~~
It is the policy of CMA 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 CMA's
procurement and professional services activities. In connection with the performance of this Agreement,
SPONSOR will cooperate with CMA 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. AMENDMENTS
Amendments to this Agreement, including modifications to the PROJECT, will only be effective if they are
made in writing and signed by both parties.
ALAMEDA COUNTY CONGESTION
MANAGEMENT AGENCY
By:
Name: Dennis R.
Title: Executive Director
Date:
Recommended for Approval:
SPONSOR
By:
Name:
Title:
Date:
Approved as to Form and Legality:
By:
Name: ~ aTT4~ e w -1-t~1~
Title: Manager of Programming
Reviewed as to Budget/Financial Controls
By:
Name: G. Richard Swanson
Title: Director of Finance and Administration
Approved a o and legality
By:
Wende ,Rosen, Black & Dean LLP
Approved as to form and legality
By:
Leal Counsel to CMA
Leal Counsel to SPONSOR
Page 4
ACCMA Fund Transfer Agreement No.
CMA TIP Project No. 22-002
Amador Valley Blvd. between San Ramon Blvd. and east of Village Pkwy
APPENDIX A
PROJECT DESCRIPTION AND SCHEDULE
Project Sponsor: City of Dublin
(, ~ io
Project Title: Amador Valley Boulevard between San Ramon Blvd. and east of Village Pkwy
Project Description:
PROJECT consists of the repair, resurface, and restriping of vehicle lanes and Class II bike lanes on
Amador Valley Blvd.
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 AI
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 thosecosts. The CMA TIP ELIGIBLE COSTS shalLbe
segregated by Cost Line Item and Project Phase. If SPONSOR intends to request reimbursement for agency
staff time, such costs shall be 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. If, 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 5 of this
AGREEMENT.
Table Al: CMA TIP ELIGIBLE COSTS
Cost
Line
Item
No.
roject
Phase
escription of eligible activity(ies) for this Cost
Line Item CMA TIP
Not to Exceed
Amount for
this Cost Line
Item Estimated
Total Cost
(All Funds)
for this Cost
Line Item
1 Con Construction Contract $ 289,000 $ 289,000
Totals $ 289,000 $ 289,000
Page A-1
CMA TIP Fund Transfer Agreement No.
CMA TIP Project No. 22-002
Amador Valley Blvd. between San Ramon Blvd. and east of Village Pkwy
PROJECT Milestone Schedule:
~~~
Appendix A (co
Milestone Scheduled Date (Mo/Yr) or
Actual Date Mo/D /Yr
Environmental Approvals
CEQA Exempt
NEPA NA
Final PS&E February 2009
Right of Way Certification ~ NA
Award Construction Contract April 2009
Begin Construction Contract Work May 2009
Accept Construction Contract August 2009
Effective Date of Eligibility for CMA TIP ELIGIBLE COSTS:
CMA TIP ELIGIBLE COSTS incurred prior to March 1, 2009 will not be eligible for
reimbursement.
cmatip-agmt-dublin-22002-draftfrnal-090225jpo - v09-001 Page A - 2
ACCMA Fund Transfer Agreement No. ~ ~ o
CMA TIP Project No. 22-002
Amador Valley Blvd. between San Ramon Blvd. and east of Village Pkwy
.APPENDIX B
CMA TIP DRAWDOWN SCHEDULE AND MATCIIING FUND REQUIREMENTS
Project Sponsor: City of Dublin
Project Title: Amador Valley Boulevard between San Ramon Blvd. and east of Village Pkwy
CMA TIP Drawdown Schedule:
Actual CMA TIP reimbursements from CMA. 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 CMA 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 earliest subsequent quarter for which the
Cumulative Drawdown Limitation shown in Table B1 below is sufficient to approve the request for
reimbursement, or portion of a reimbursement request.
Table B1: Cumulative CMA TIP Drawdown Limitations
Fiscal Year 1
Qtr z Quarterly CMA TIP
Drawdown Amount
$ x 1,000 Cumulative CMA TIP
Drawdown Limitation
$ x 1,000
07/08 4 75 75
08/09 1 58 133
08/09 2 0 133
08/09 3 0 133
08/09 4 0 133
09/10 1 78 211
09/10 2 78 289
Total 289
Fiscal Year 09/10 = 7/1/09 - 6/30/2010
z 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 A-1
CMA TIP Fund Transfer Agreement No.
CMA TIP Project No. 22-002
Amador Valley Blvd. between San Ramon Blvd. and east of Village Pkwy
APPENDIX C
REQUEST FOR REIMBURSEMENT OF FUNDS
COVER SHEET SAMPLE FORM
(Submit Requests on SPONSOR letterhead)
~~~ ~o
Project SPONSOR: City of Dublin
Project Title: Amador Valley Blvd. between San Ramon Blvd. and east of Villa eg Pkwy
CMA TIP Project No: 22-002
Total CMA TIP funds programmed to the PROJECT:
Total of previous reimbursement requests:
Balance available for this request:
Amount of this Request *:
$ 289,000
* Supporting documentation must be submitted for expenditures to be reimbursed. Copies of
executed contracts or agreements for which reimbursement is requested must be submitted prior
to CMA approval of reimbursement. Costs should be segregated by the Cost Line Items shown
in Table Al in Appendix A. If there are matching fund requirements stipulated in Appendix B,
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
cmatip-agmt-dublin-22002-draftfinal-090225jpo - b09-001 Page C - 1
Print on Sponsor Letterhead
APPENDIX D
CMA TIP QUARTERLY PROJECT STATUS REPORT
SAMPLE FORM
Instructions in Italics
Project Sponsor: Provide name of project sponsor.
Project Title: Provide project title.
CMA TIP Proj. No. Provide CMA TIC' project number from agreement.
io ~~~
Project Description: Provide current project description including limits of work for each facility
involved in project. If no change from agreement or most recent amendment,
provide statement confirming no change.
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 summary of total project costs incurred to date and list all funds sources used to cover those
costs including CMA TIP. The summary of casts and funding should include subtotals for each phase.
PROJECT MILESTONE SCHEDULE:
Update the following Milestone Schedule from the CMA TIP Funding Agreement.
Milestone Date from Agreement or
most recent Amendment
(Mo/Yr) Current Schedule Date
(Mo/Yr) or
Actual Date (Mo/D /Yr)
Environmental Approvals
CEQA
NEPA
Final PS&E
Right of Way Certification
Advertise Construction
Complete Construction
Report Prepared By: Provide name of z~reparer
cmatrp-agmt-dublin-22002-draftfinal-090?.2~jpo - b09-001
Date: Date of Report
Page D-1