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HomeMy WebLinkAbout011624-06.5ADMINISTRATIVE STAFF REPORT 6.5 TO: Mayor and Town Council January 16, 2024 SUBJECT: Resolution No. 2-2024, authorizing the Town Manager to execute a Funding Agreement with the Contra Costa Transportation Authority for cost sharing commitments to design and construct the Townwide Traffic Signal Modernization Project, and approving an allocation to cover the matching funds requirement for the Community Project Funding/Congressionally Directed Spending Program grant award BACKGROUND Included in the FY 2023/24 Capital Improvement Program is CIP C-634, Townwide Signal Modernization project. The project includes multiple components to upgrade the Town's traffic signal systems to improve efficiency, safety and communications through hardware and software improvements including implementation of video/radar vehicle and bicycle detection systems, battery back-up systems, traffic signal controller software integration, traffic signal cabinet upgrades, fiber optic interconnect, and video analytics to improve signal timing and coordination. In 2022, the Town was awarded a federal earmark through the Community Project Funding/ Congressionally Directed Program in the amount of $1,000,000 for upgrades and modernization of signalized intersections at 31 locations along the Camino Tassajara/Crow Canyon Road/ Sycamore Valley Road and El Cerro Boulevard corridors. The project is similar in scope to the Countywide Smart Signals Project being administered by the Contra Costa Transportation Authority ("Authority") that covers upgrades to traffic signals along the San Ramon Valley Boulevard and Downtown corridors. This project is currently in the design phase with construction scheduled for FY 2024/25. Due to the similar scope and overlapping objectives of the Town's Traffic Signal Modernization and Smart Signals projects, the Authority has offered to provide administrative oversight of the Town's Traffic Signal Modernization project ("project"). DISCUSSION For the Authority to assume administrative oversight of the project, the Town is required to enter into a Funding Agreement (Attachment B), which has been forwarded to the Town by the Authority for execution. The attached resolution (Attachment A) will authorize the Town Manager to execute the agreement on behalf of the Town together with any subsequent supplemental agreements. The City Attorney has reviewed the Funding Agreement and concluded that the updated terms and provisions are reasonable and acceptable to the Town. As described in the Funding Agreement, the grant award is $1,000,000 and requires an 11.47% local match in the amount of $129,561. This project consists of several elements including traffic signal vehicle/bicycle video detection, controller software integration and fiber optic interconnect. It is recommended that the funding match amount of $129,561 be allocated from available appropriated funding in existing projects in the current Capital Improvement Program: C-545, Traffic Signal Controller Upgrades ($30,000); C-621, Townwide Bicycle Facilities Improvements ($70,000); and A-620, Townwide Fiber Interconnect ($29,561). PUBLIC CONTACT Posting of the meeting agenda serves as notice to the general public. FISCAL IMPACT In FY 2023/24, a total of $129,561 is required to cover the grant program's 11.47% funding match requirement. It is recommended that $100,000 in Measure J funds and $29,561 in CIP General Purpose Revenue be allocated to cover the fund matching requirement and is available in the FY 2023-24 Capital Improvement Program. Authorizing CCTA Funding Agreement 2 January 16, 2024 No. 672 and allocating matching funds RECOMMENDATION Adopt Resolution No. 2-2024, authorizing the Town Manager to execute a Funding Agreement with the Contra Costa Transportation Authority for cost sharing commitments to design and construct the Townwide Traffic Signal Modernization Project, and approving an allocation to cover the matching funds requirement for the Community Project Funding/ Congressionally Directed Spending Program grant award. Prepared by: Andrew Dillard Transportation Manager Reviewed by: Diane J. Friedmann Development Services Director Attachments: A - Resolution No. 2-2024 B - CCTA Funding Agreement No. 672 C - Project Location Map Authorizing CCTA Funding Agreement 3 January 16, 2024 No. 672 and allocating matching funds DocuSign Envelope ID: E326CCBD-1866-4B1F-9598-3129BOC76DF2 RESOLUTION NO. 2-2024 AUTHORIZING THE TOWN MANAGER TO EXECUTE A FUNDING AGREEMENT WITH THE CONTRA COSTA TRANSPORTATION AUTHORITY FOR COST SHARING COMMITMENTS TO DESIGN AND CONSTRUCT THE TOWNWIDE TRAFFIC SIGNAL MODERNIZATION PROJECT, AND APPROVING AN ALLOCATION TO COVER THE MATCHING FUNDS REQUIREMENT FOR THE COMMUNITY PROJECT FUNDING/CONGRESSIONALLY DIRECTED SPENDING PROGRAM GRANT AWARD WHEREAS, the Town of Danville (Town) is eligible to receive Federal and/or State funding for certain Transportation Projects through the California Department of Transportation (Caltrans) and the Metropolitan Transportation Commission (MTC); and WHEREAS, the Town is the recipient of Community Project Funding/ Congressionally Directed Spending federal funds in the amount of $1,000,000 for design, construction, and deployment of the Townwide Traffic Signal Modernization Project; and WHEREAS, the Town has identified 31 intersections to recommend for signal system and intelligent transportation system (ITS) equipment upgrades for inclusion in the Project estimated at $1,129,561; and WHEREAS, the Contra Costa Transportation Authority (Authority) will serve as the project sponsor and designated lead agency for implementing the Town of Danville Townwide Traffic Signal Modernization Project, hereinafter referred to as "Project", which is a program to install signal system and intelligent transportation system (ITS) equipment upgrades at 31 signalized intersections within the Town of Danville with the objective to coordinate and synchronize the timing of the signals; and WHEREAS, the Town agrees to provide the Authority with the minimum 11.47% local matching funds to the federal funds in the amount of $129,561 in Fiscal Year 2023/24 to pay for the design and installation of upgraded traffic signal equipment located within the Town right-of-way and cost of construction as part of the Project; and WHEREAS, the City Attorney has reviewed the Funding Agreement and concluded that the updated terms and provisions are reasonable and acceptable to the Town; and WHEREAS, the Town wishes to delegate authorization to execute the Funding Agreement and any amendments thereto to the Town Manager; and WHEREAS, required matching funds in the amount of $129,561 are available in FY 2023/24 Capital Improvement Program appropriations in projects C-545, Traffic Signal Controller Upgrades; C-621, Townwide Bicycle Facilities Improvements; and A-620, Fiber Optic Interconnect; now, therefore, be it ATTACHMENT A DocuSign Envelope ID: E326CCBD-1866-4B1F-9598-3129BOC76DF2 RESOLVED, by the Danville Town Council, that the Town Manager is hereby authorized to execute a Funding Agreement between the Town and the Authority for administrative oversight and cost sharing commitments to design and construct the Project, and to return said executed agreement to the Authority as instructed; and, be it further RESOLVED, by the Danville Town Council, that $100,0000 in Measure J funds from Projects C-545, Traffic Signal Controller Upgrades and C-621, Townwide Bicycle Facilities Improvements; and $29,561 in CIP General Purpose Revenue from Project A-620, Fiber Optic Interconnect totaling $129,561 be allocated in FY 2023/24 to cover the 11.47% matching funds requirement for the program grant. APPROVED by the Danville Town Council at a regular meeting on January 16, 2024, by the following vote: AYES: NOES: ABSTAINED: ABSENT: V1 RIST •t APPROVED AS TO FORM: ATTEST: DocuSignDDed by: RdW 895C6C4 lAf1RFdRF CITY ATTORNEY CITY CLERK PAGE 2 OF RESOLUTION NO. 2-2024 FUNDING AGREEMENT NO. 672 BETWEEN THE CONTRA COSTA TRANSPORTATION AUTHORITY AND THE TOWN OF DANVILLE FOR COST SHARING COMMITMENTS TO DESIGN AND CONSTRUCT TOWN OF DANVILLE TOWNWIDE ITS/TRAFFIC SIGNAL MODERNIZATION PROJECT This Agreement is made and entered into on , 2024 by the Town of Danville hereinafter referred to as ("TOWN") and the CONTRA COSTA TRANSPORTATION AUTHORITY hereinafter referred to as ("AUTHORITY"). TOWN and AUTHORITY are collectively referred to herein as the "Parties" and each individually as a "Party." RECITALS L AUTHORITY is the project sponsor and designated lead agency for implementing the Town of Danville Townwide ITS/Traffic Signal Modernization project within Contra Costa County, hereinafter referred to as "PROJECT", which is a project to install signal system and intelligent transportation system (ITS) equipment upgrades to key identified intersections within the Town of Danville with the objective to coordinate and synchronize the timing of the signals. 2. AUTHORITY is the recipient of federal funding identified in the Community Project Funding Requests (Earmarks) for design, construction, and deployment of the PROJECT. 3. TOWN and AUTHORITY have identified 31 intersections to recommend for signal system and ITS equipment upgrades for inclusion in the PROJECT estimated at $1,129,561 (See Exhibit A) 4. TOWN agrees to provide AUTHORITY with the minimum 11.47% local matching funds to the Earmark funds in the amount of $129,561 in Fiscal Year 2023-24 to pay for the design and installation of upgraded equipment located within TOWN's right-of-way and cost of construction as part of the PROJECT. 5. TOWN and AUTHORITY agree to work cooperatively on the design and construction of the PROJECT with the goal of keeping costs within budget. 6. TOWN and AUTHORITY agree that the final matching funds requirements may be adjusted accordingly based on the final actual design and construction costs incurred and will be reconciled at the completion of the PROJECT as defined by the Parties in Exhibit A attached. NOW, THEREFORE, in consideration of the foregoing, the AUTHORITY and TOWN do hereby agree as follows: FUNDING AGREEMENT No. 672 Townwide ITS/Traffic Signal Modernization project Pae 1 of 6 ATTACHMENT B SECTION I TOWN AGREES: 1. To provide AUTHORITY matching funds for upgrading equipment and construction cost for the Town's portion of the PROJECT in an amount of $129,561, which represents 11.47% of the total funds of $1,129,561, no later than 30 days from receiving an invoice from AUTHORITY. 2. To work collaboratively with AUTHORITY to plan, design, construct, and implement the PROJECT, and to provide AUTHORITY with early and ongoing input and guidance on effectively managing costs and the budget for the PROJECT. SECTION II AUTHORITY AGREES: To lead the development process including planning, design, construction, and deployment of the PROJECT, as described in Exhibit A and the Operations and Maintenance Agreement to be negotiated by the TOWN and AUTHORITY following execution of this Agreement. 2. To submit an invoice to TOWN for an amount of $129,561 prior to June 30, 2024. 3. To work collaboratively with TOWN to plan, design, construct, and implement the PROJECT, and to seek early and ongoing input and guidance from TOWN on effectively managing costs and the budget for the PROJECT. SF,CTION III IT IS MUTUALLY AGREED: 1. That this Agreement is intended as the initial step to memorialize the cost sharing commitments between the parties for the Project. The parties will mutually develop more detailed agreements and guidelines for the design, construction, and implementation of the Project in the future. 2. (a) That the cost to complete PROJECT is only an estimate and may require adjustments depending on the final cost. AUTHORITY shall cooperatively consult with TOWN on planning and design of the PROJECT and throughout construction with the goal of effectively managing costs and staying within budget to avoid increases to final PROJECT costs. At the completion of the PROJECT, and if AUTHORITY determines that the match amount provided by TOWN is exceeded, it will notify and seek approval of TOWN to provide additional matching funds. Completion of the Project is defined as when AUTHORITY accepts and certifies that all phases of FUNDING AGREEMENT No. 672 Townwide ITS/Traffic Signal Modernization project Page 2 of 6 the PROJECT construction—including but not limited to installation, deployment, and activation of equipment—are completed. (b) If AUTHORITY determines that the match amount provided by TOWN exceeded the amount needed to complete the PROJECT then AUTHORITY will refund TOWN the balance of the original match amount provided by TOWN and indicated in paragraph 1 of Section I. 3. Term: This Agreement will remain in effect through December 31, 2028, or at the completion of the PROJECT, whichever occurs first, or until discharged as provided in Paragraph 3 below or as a result of paragraph 13 below. 4. Discharge: This Agreement shall be subject to discharge as follows: a. Either Party may terminate this Agreement at any time until construction of the PROJECT begins, other than for breach. Either Party may terminate by giving written notice of termination to the other Party which shall specify both the cause and the effective date of termination. Notice of termination under this provision shall be given at least ninety (90) days before the effective date of such termination. Once construction of the PROJECT begins, neither party may terminate this Agreement unless there is a breach as addressed in paragraph 3(b) below. b. This Agreement may be canceled by a Party for breach of any obligation, covenant, or condition hereof by the other Party, upon notice to the breaching Party. With respect to any breach which is reasonably capable of being cured, the breaching Party shall have 30 days from the date of the notice to initiate steps to cure. If the breaching party diligently pursues cure, such party shall be allowed a reasonable time to cure, not to exceed sixty (60) days from the date of the initial notice, unless a further extension is granted by the non -breaching Party. On cancellation, the non -breaching parry retains the same rights as a Party exercising its right to terminate under the provisions of paragraph 3(a), except that the canceling Party also retains any remedy for breach of the whole contract or any unperformed balance. By mutual consent of both PARTIES, this Agreement may be terminated at any time. d. In the event of termination, AUTHORITY shall reimburse TOWN, if AUTHORITY deems necessary, for overpayment by TOWN based on the difference between actual cost share and estimated cost share, which such difference shall be determined in AUTHORITY's sole discretion. In no event shall the maximum expenditure allowed under this Agreement, as it may be adjusted by a written amendment signed by both parties, be exceeded. 5. Indemnity: It is mutually understood and agreed, relative to the reciprocal indemnification of AUTHORITY and TOWN: a. That neither AUTHORITY, nor any officer or employee thereof, shall be responsible for, and TOWN shall fully indemnify and hold harmless AUTHORITY against, any damage or liability occurring by reason of anything done or omitted to be done by TOWN under or in connection with any work, authority or jurisdiction by TOWN under the Agreement. It is also FUNDING AGREEMENT No. 672 Townwide ITS/Traffic Signal Modernization project Page 3 of 6 understood and agreed that pursuant to Government Code Section 895.4, TOWN shall fully indemnify and hold the AUTHORITY 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 TOWN under this Agreement or in connection with any work, authority, or jurisdiction delegated to TOWN under this Agreement. b. That neither TOWN, nor any officer or employee thereof, shall be responsible for, and AUTHORITY shall fully indemnify and hold harmless TOWN against any damage or liability occurring by reason of anything done or omitted to be done by AUTHORITY under or in connection with any work, authority, or jurisdiction by AUTHORITY under the Agreement. It is also understood and agreed that pursuant to Government Code Section 895.4, AUTHORITY shall fully indemnify and hold the TOWN 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 AUTHORITY under this Agreement or in connection with any work, authority, or jurisdiction delegated to AUTHORITY under this Agreement. 6. Notices: Any notice which may be required under this Agreement shall be in writing, shall be effective when received, and shall be given by personal service, or by certified or registered mail, return receipt requested, to the addresses set forth below, or to such addresses which may be specified in writing to the parties hereto. Joseph A. Calabrigo Town Manager 500 La Gonda Way Danville, CA 94526 Timothy Haile Executive Director Contra Costa Transportation Authority 2999 Oak Road, Suite 100 Walnut Creek, CA 94597 7. Additional Acts and Documents: Each Party agrees to do all such things and take all such actions, and to make, execute and deliver such other documents and instruments, as shall be reasonably requested to carry out the provisions, intent and purpose of this Agreement. 8. Inte . ram This Agreement represents the entire Agreement of the Parties with respect to the subject matter hereof. 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. 9. Amendment: 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. 10. Independent Agency AUTHORITY renders its services under this Agreement as an FUNDING AGREEMENT No. 672 Townwide ITS/Traffic Signal Modernization Project Page 4 of 6 29222494.1/060323.0001 independent agency. None of the AUTHORITY's agents or employees shall be agents or employees of the TOWN. 11. Assignment: This Agreement may not be assigned, transferred, hypothecated, or pledged by any Party without the express written consent of the other Party. 12. Binding on Successors, etc.: This Agreement shall be binding upon the successor(s), assignee(s) or transferee(s) of the AUTHORITY or TOWN as the case may be. This provision shall not be construed as an authorization to assign, transfer, hypothecate or pledge this Agreement other than as provided above. 13. Severability: Should any part of this Agreement be determined to be unenforceable, invalid, or beyond the authority of either Party to enter into or carry out, such determination 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. 14. Limitation: All obligations of AUTHORITY under the terms of this Agreement are expressly subject to the AUTHORITY's continued authorization to collect and expend the sales tax proceeds provided by MEASURE C and MEASURE J. If for any reason the AUTHORITY's right to collect or expend such sales tax proceeds is terminated or suspended in whole or part, the AUTHORITY shall promptly notify TOWN, and the PARTIES shall consult on a course of action to determine how to accomplish the PROJECT or if this Agreement should be terminated. If, after sixty (60) working days of the termination or suspension of sales tax proceeds authority, a course of action is not agreed upon by the PARTIES, this Agreement shall be deemed terminated by mutual or joint consent; provided, that any obligation to fund from the date of the notice shall be expressly limited by and subject to (i) the lawful ability of the AUTHORITY to expend sales tax proceeds for the purposes of the Agreement; and (ii) the availability, taking into consideration all the obligations of the AUTHORITY under all outstanding contracts, agreements to other obligations of the AUTHORITY, of funds for such purposes. 15. No Third Party Beneficiaries: This Agreement is not for the benefit of any person or entity other than the parties. 16. Dispute Resolution: The Parties shall work together in the spirit of good faith and cooperation to successfully implement this Agreement. Should a substantive disagreement arise between the Parties, the disagreement shall immediately be raised between the Parties. Prior to initiating any legal action, the Parties agree to meet in good faith to attempt to resolve any dispute, including but limited to meetings between executive management and participating in mediation. The Parties shall jointly select and engage the effort of a mediator to help resolve the dispute. The Parties shall equally share the costs of the mediator. If the issue is still unresolved, either Party may bring a legal action seeking resolution of the disagreement. However, any and all legal actions may only be brought if the preceding dispute resolution process has been satisfied. 17. Venue: This Agreement and all work performed thereunder shall be interpreted under and pursuant to the laws of the State of California. The Parties agree that the jurisdiction and venue of FUNDING AGREEMENT No. 672 Townwide ITS/Traffic Signal Modernization Project Page 5 of 6 29222494.1/060323.0001 any dispute arising under this Agreement shall be the Superior Court of Contra Costa County. 18. Counterparts: This Agreement may be executed in any number of original counterpart signature pages, and each counterpart signature page shall be attached to and incorporated into this original Agreement. TOWN OF DANVILLE By: Joseph A. Calabrigo, Town Manager ATTEST: By: Marie Sunseri, City Clerk APPROVED as to form: By: Robert B. Ewing, City Attorney 29222494.1/060323.0001 CONTRA COSTA TRANSPORTATION AUTHORITY By: By: By: Federal Glover, Chair Tarienne Glover, Clerk of the Board Fennemore Wendel, Legal Counsel FUNDING AGREEMENT No. 672 Townwide ITS/Traffic Signal Modernization Project Page 6 of 6 FUNDING AGREEMENT NO. 672 between The Contra Costa Transportation Authority and The Town of Danville FXNIRIT A DESCRIPTION OF THE PROJECT The Danville Townwide ITS/Traffic Signal Modernization project will develop, manage, and implement ITS initiatives that improve the safety and efficiency of multimodal mobility, maximize highway and arterial system throughput, and improve operational efficiency, safety, and reduce environmental impact throughout the Town of Danville. By upgrading the existing legacy systems and providing interconnectivity throughout Danville's signal systems, the Town's traffic signal systems can be prepared for future emerging technologies including connected and/or autonomous vehicles, big data, integrated corridor management (ICM), enable implementation of incident management strategies and Smart Cities initiatives. This solution can enhance the sharing of real- time information between agencies and the public using existing and next generation ITS technologies. The upgraded traffic signal systems and signal interconnect will help smooth traffic flow and ease recurring traffic congestion by expanding mode choice options and reducing travel time on local streets and roads. The project would also improve the safety of pedestrians, bicyclists, vulnerable road users, and people with disabilities by deployment of detection systems. The PROJECT's key features and benefits include but are not limited to some of the following: • Providing infrastructure for a Townwide traffic management system; • Deploying video detection cameras that can detect pedestrians and bicycles along with vehicles; • Implementing Pan -Tilt -Zoom (PTZ) cameras at key intersections with the Town; • Upgrading controllers at locations that still have legacy controllers; • Adding ethernet switches for better and more reliable communications between the field devices and the Town Hall; • Deploy Centracs Mobility for the Town that will enhance operational capabilities and functionalities of the existing traffic signal system; • Install ATC cabinets at 2 intersections; • Install Battery Backup system at key intersections; and • Implement Roadside Units (RSU) and Cellular Vehicle -to -Everything (V2X) system to prepare the Town for the deployment of connected and automated vehicles. Deployment of the Modernization Project is expected to result in operational and safety improvements for all modes of transportation, such as: • Decrease in travel time; 29222494.1/060323.0001 PROJECT ACTIVITY RESPONSIBILITY STATE AUTHORITY TOWN • Decrease in total delay; • Reduction in number of stops; • Reduction in secondary accidents; • Decrease in fuel consumption and greenhouse gas emissions; and • Reduction of response time for emergency vehicles When operating together, these enhancements increase safety and reliability, and support environmental sustainability, economic development, and equitable access for all travelers. TOWN OF DANVILLE ELEMENTS The signals located at the following intersection are included in the Project and is proposed to receive Signal Modernization upgrades. (See Table 1) Table 1: Town of DANVILLE PROJECT Intersections LIST OF INTERSECTIONS No. Primary Street Secondary Street No. Primary Street Secondary Street 1 Camino Tassajara Hansen Lane 17 Camino Tassajara Tassajara Lane 2 Camino Tassajara Lawrence-Oakgate 18 Camino Tassajara Shady Crk/Hill Mdw 3 Camino Tassajara Jasmine -Mansfield 19 Camino Tassajara Glasgow/Messian 4 Camino Tassajara Parkhaven Drive 20 Camino Tassajara Sycamore Valley 5 Camino Tassajara Rassam Drive 21 Sycamore Valley Tunbridge Rd 6 Camino Tassajara Conejo Drive 22 Sycamore Valley Old Orchard 7 Camino Tassajara Tassajara Ranch -B Plaza 23 Sycamore Valley Morninghome Rd 8 Camino Tassajara Tassajara Village 24 Sycamore Valley Brookside 9 Camino Tassajara Crow Canyon Road 25 Sycamore Valley Camino Ramon 10 Crow Canyon Rd Center Way -Ct. 26 Sycamore Valley I-680 NB Ramps 11 Crow Canyon Rd Tassajara Ranch 27 Sycamore Valley I-680 SB Ramps 12 Camino Tassajara Old Blackhawk 28 EI Cerro 1-680 SB Ramp 13 Camino Tassajara Woodranch Dr. 29 EI Cerro 1-680 NB Ramp 14 Camino Tassajara Alta Vista/W-side 30 EI Cerro La Gonda Way 15 Camino Tassajara Holbrook/Creekside 31 EI Cerro Danville Blvd 16 Camino Tassajara Sherburne Hills Based on preliminary estimates, the upgraded equipment, including cost of construction, is shown DRAFT 2-08-06 Exhibit C 29222494.1/060323.0001 FUNDING AGREEMENT No. 672 Town of Danville Page 2 of 3 PROJECT ACTIVITY RESPONSIBILITY STATE AUTHORITY TOWN below. 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