HomeMy WebLinkAboutReso 195-05 AlamoCanalTrail
RESOLUTION NO. 195 - 05
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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APPROVING COOPERATIVE AGREEMENT BETWEEN
EAST BAY REGIONAL PARK DISTRICT, CITY OF DUBLIN AND CITY OF PLEASANTON
REGARDING FUNDING FOR THE FEASlBILITY STUDY OF ALAMO CANAL TRAIL
UNDERCROSSING AT INTERSTATE HIGHWAY 580
WHEREAS, the City of Dublin wishes to enter into an agreement with the East Bay Regional Park
District and the City of Pleasanton regarding funding for the feasibility study for the construction of the
Alamo Canal Trail Undercrossing at Interstate Highway 580; and
WHEREAS, on AprilS, 2005, the City Council of the City of Dublin approved the contribution of
$25,000 towards preparation of said study; and
WHEREAS, the East Bay Regional Park District was awarded $50,000 by the Alameda County
Transportation Improvement Authority to conduct the study and the City of Pleasant on is also contributing
$25,000 for preparation of the study.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin approves
the Cooperative Agreement between the East Bay Regional Park District, the City of Dublin and the City
of Pleasant on regarding funding for the feasibility study of the Alamo Canal Trail Under crossing at
Interstate Highway 580.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreement,
attached hereto.
PASSED, APPROVED AND ADOPTED this 4Lb day of October, 2005, by the following vote:
AYES: Co unci I members Hildenbrand, McCormick and Oravetz, and Mayor Lockhart
NOES: None
ABSENT: Vice Mayor Zika
ABSTAIN: None
Mayor
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City Clerk
Reso #195-05, Adop1cd 10/4105, Item 7,]
Page -I-of!
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COOPERATIVE FUNDING AGRBEMENT AMONG THE EAST BAY REGIONAL
PARK DISTRICT, THE CITY OF DUBLIN AND THE CITY OF PLEASANTON:
FUNDING FOR THE FEASIBILITY STUDY OF ALAMO CANAl. TRAIL UNDERCROSSING AT
INTBRSTATEIDGHWAY 580
This Cooperative Funding Agreement, hereinafter referred to as "AGREEMENT', madc and
entered into on the..!:i!Ê. day of nc.. roEGR. 2005, by and among the East Bay Regional Park
District, hereinafter referred to as "EBRPD", the City of Dublin. hereinafter referred to as "DUBLIN",
and the City of Pleasanton; hereinafter referred to as "PLEASANTON",
WTINESSETH
WHEREAS, EBRPD has been awarded a $50,000 grant No.A5-0033 ExhibIt A attached hereto,
hereinafter referred to as the "GRANT' from the Alameda County Transportation Improvement
Authority, hereinafter referred to as "ACTIA" to conduct an engineering and environmental feasibility
study of the Alamo Canal Trail Undercrossing a! Interstate Highway 580 betweeltDUBUN and
PLEASANrON, hereinafter referred to as the "PROJECT'; and
WHEREAS, DUBLIN has appropriated $25,000 for the PROJECT, Council Resolution File·'
#1060"90; and
WHEREAS, PLEASANTON has appropriated $25,000 for the PROJECT, City of P1easanton
City Council Staff Report SR:04: 155; and
WHEREAS, EBRPD is willing to administer and manage implementation of the PROJECT; and
WHEREAS, DUBLIN, PLEASANTON and BBRPD mutually desire to cooperate in completing
the PROJECT and to specify herein the terms and conditions under which said PROJECT will be
implemented.
NOW, THEREFORE, it is mutually agreed as foilows:
SECTION I
DUBLIN AGREES:
(1) To review and comment on draft PROJECT and to review and approve final PROJECT
produced by EBRPD in a timely manner. Failure to respond within 60 days of receipt of the PROJECT
shall be deemed approval of the PROJECT.
(2) To process EBRPD's reimbursement request for actual expenses up to, but not to exceed,
$25,000 for compJetion of the PROJECT, within 30 days of receipt of a cost summary and an invoice
'from the EBRPD.
(3) To have a DUBLIN representative in attendance at all public meetings.
SECTION II
PLBASANTON AGREES:
(1) To review and comment on draft PROJECT and to review and approve final PROJECT
produced by EBRPD in a timely manner. Failure to respond within 60 days of receipt of the PROJECT
shall be deemed approval of the PROJECT.
(2) To process EBRPD's reimbursement request for actual expenses up to, but not to exceed,
$25,000 for completion of the PROJECT, within 30 days of receipt of a cost summary and an invoice
from the EBRPD.
(3) To have a PLEASANTON representative in attendance at all public meetings.
SECTION In
EBRPD AGREES:
(1) To implement the PROJECT per the provisions of the GRANT, and this AGREEMENT,
including but not limited to the development of consultant contract documents, selection of a qualified
consultant, administration of the consultant contract, conducting public meetings, final acceptance and
dissemination of work products.
(2) To submit to DUBLIN and PLEðSA TON copies of draft PROJECT for their revicw and
comment and to submit final PROJECT for review and approval by DUBLIN and PLEASANTON
before EBRPD distributes the final PROJECT.
(3) To prepare a summary of PROJECT cxpcnses at the completion of the PROJECT and to
submit this summary and an invoice to DUBLIN for up to, but not to exceed, $25,000 and
PLEASANTON for up to, but not to exceed, $25,000 for actual expenses incurred.
(4) To the extent possible EBRPD will first invoice ACTIA for actual cxpenses incurred
before invoicing DUBLIN and PLEASANTON,
(5) To provide to DUBLIN and PLEASANTON copIes of the approved consultant contract,
with scopc of work and cost estimates for PROJECT included, as well as any changcs to the scope of
work and/or cost estimates as soon as they are available.
SECTION IV
[1' IS MUTUALLY AGREED AS FOLLOWS:
(1) This AGREEMENT may be amended or canceled by mutual consent in writing of the
three partics.
(2) If EBRPD, DUBLIN and PLEASANTON are unable to agree on any clcmcnt of thc
PROJECT, ACTIA shall make all final and binding dccisions rcgarding the PROJECT.
(3) EBRPD agrees to indemnify and hold harmless DUBLIN and PLEASANTON, its City
Councils, officcrs. agents. employees and assigns from and against any and all loss, damagc, liability, claims.
suits, costs and expenses whatsocver, including reasonahle attorneys' fees regardless of the merits or outcome
of the work conducted or performed by EBRPD pursuant to this AGREEMENT.
(4) PLEASANTON agrees to indemnify and hold harmless DUBLIN and EBRPD, its City
Councils, oftïcers, agents, employees and assigns from and against any and aJ1loss. damage, liability, claims,
suits, costs and cxpcnses whatsoever, including reasonable attorneys' fees regardless of the merits or outcomc
of the work conducted or performed by PLEASANTON pursuant to this AGREEMENT.
(5) DUBLTN agrees to indemnify and hold harmless EBRPD and PLEASANTON, its City
Councils, officers, agents, employees and assigns from and against any and all loss, damage, liability, claims,
suits, costs and expenses whatsoever, including reasonable attorneys' fees regardless of the merits or outcome
of the work conducted or performed by DUBLIN pursuant to this AGREEMENT,
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(6) Notices regarding this AGREEMENT shall be sent by fi..t cla:;s mail, postage prepaid, to
EBRPD at General Manager, P. O. Box 5381. Oakland, CA 94605-0381, to DUBLIN at Public Works
Depl. IOO Civic Plaza, Dublin, CA 94568 and to PLEASANTON at Director, Parks and Community
Services Department, P.O, Box 520, Pleasanton, CA 94566-0802.
(7) This AGREEMENT shall run from April 28,2005 through completion of the project,
unless otherwise terminated or amended.
(8) This AGREEMENT contains the entire AGREEMENT between the parties with regard
to matters described in this AGREEMENT and supersedes all prior AGREEMENTS, whether writtcn or
oral, bctween thc partics with respect to such subject matter.
(9)
California.
This AGREEMENT shall be interpreted and enforced undcr the laws of the State of
(10) If any provision or provisions of this AGREEMENT shall be held to be invalid, illegal,
unenforceable or in conflict with the law of any jurisdiction, thc validity, lcgality and cnforceability of
the remaining provisions shall not in any way be affected or impaired thereby.
IN WITNESS WHEREOF, the parties hereto have causcd this AGREEMENT to be executed by their
respective officers, duly authorized as of the day, month, and year first hcrclnabovewritten.
CITY OF DUBLIN
By
Richard Ambrose, City Manager
Approved as to form:
Approved as to form:
By
Elizabeth Silver, City Attorney
CITY OF PLEASANTON
By
Nelson Fialho, City Manager
Approved as to form:
By
Michael Roush, City Attorney
3
EXHIBIT "A"
ACTIA i#':'A05'OOJ3,:7;^::,,:::-"m,,~.,..
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FUNDING AGREEMENT, j
BETWEEN i i ?i!0S j
THE ALAMEDA COUNTY TRANSPORTATION IMPROVEMENT AUTHþIUIY
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AND i"'.,'m,.,'<,~~j:;;;-+.~::n·~."7,>;~~<;:,;{:::J',::·'~ì,;' ,{" ~
THE EAST BAY REGIONAL PARK DISTRICT ! "~..._,~,,,,':.:,',,','\i<' :~'".
. for the . I'!,,,~ A':'X: ¡
BIcycle and PedestrIan CountywIde DiscretIonary Funds ¡ r,,;;} ", ,"v;'..' ¡
for I ~~~~.~~w~.....,..,. """"""<">"""~<.Y....-:......wJ
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ALAMO CANAL TRAIL UNDERCROSSING OF 1-580 FEASIBIL1fV"S'fUnV"m.".....":,:;::':;,,.
This Agreement is made and entered into between the East Bay Regional Park District,
hereinafter referred to as "Projcct Sponsor," and the Alameda County Transportation
Improvement Authority, hereinafter referred to as "ACTIA," on April 28, 2005.
SECTION I
RECITALS:
I) The voters of Alamcda County, pursuant to the provisions of the Local Transportation
Authority and Improvement Act, California Public Utilities Code Section 180000 et seq.,
approvcd the reauthorization of Measure B at the Gcneral Elcction held on November 7,
2000, thereby authorizing that ACTIA be given the responsibility to administer thc
proceeds from the continued one-half cent transaction and use tax. The duration of the tax
will be 20 yeW's fi-om the initial year of collection that began April 1, 2002, with said tax to
tenninate/expire on March 31, 2022.
2) This funding agreement is made in furtherancc and in compliance with the Local
Transportation Authority and Improvement A~1 (California Public Utilities Code section
180000 et seq.). Mcasurc B Sales Tax Funds spent pursuant to this funding agreement will
not replace funds previously provided by property tax revenues for pub1ic transportation
servIces.
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3) ACTIA and Project Sponsor, a public agency in ACTIA'sjurisdiction, desire to enter into
this Funding Agreement ("Agreement") to implement an eligible project ("Project") to
expand and enhance bicycle and pedestrian access, convenience and safety in Alamcda
County.
NOW, THEREFORE, the partics agrcc as follows;
SECTION II
PROJECT SPONSOR OBLIGATIONS:
I) Project Sponsor will implement the Project in accordance with this Agreement and
Attachment A, Project Specific Information; Attachment B, Project Description; and
Attachment C, Project Performance Monitoring, which are hereby incorporated into this
Agreement. Project must be initiated within one year of the ACTIA Award Date, as
specified in Attachment A, and be complcted within two years of the ACTIA Award Date.
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ACTlA Bikc/Pcd Countywide Discretionary Fund Grant Agrcemcnt ACTIA #: A05-0033
Sponsor: East Bay Regional Park District,
2) Project Sponsor will complete the Project in accordancc with the budget described in
Attachment A and the following conditions:
A. Thc ACTIA funding obligation under this Agreemcnt is limited to the "Total ACTlA
Funds Awarded to Project" as spccifled in Attachment A. Any Project cost overruns
are thc solc responsibility of the Project Sponsor.
S. In the event that the "Total Projcct Cost" is less than the amount listed on Attachment
A, ACTIA may reduce the "Total ACTIA Funds Awarded to Project." Any rcduction
in ACTlA funding will maintain the pcrcentage, listed on Attachment A, of "Total
ACTIA Funds Awarded" to "Total Project Cost."
C. Only those allowable Project costs incurred after the ACTIA A ward Date, and up to
the completion or termination of the Project or the expiration of this Agrccmcnt,
whichever occurs first, are eligible to receive ACTIA funds for reimbursement for
expcndcd Project costs.
D. Project Sponsor will contribute or expend those "Project Sponsor Matching Funds," if
any, as specified in Attachment A. In the event the specified "Project Sponsor
Matching Funds" arc to be contributed by a third party, either identified by the
ACTIA Award Date or not yet identifïcd, and the Project Sponsor does not receive all
such funds, ACTIA reserves the right to terminate this Agreement in whole or in part,
or renegotiate the terms and conditions.
3) Project Sponsor will submit invoices to ACTIA for reimbursement of eligible Project costs
and expenses consistent with thc budget and schedule contained in Attachments A and B,
respcctively, in a form acceptable to ACTIA. Invoices will include a summary sheet
specitying the project number; time period for the invoicc; itemizcd staff charges to thc
Project, if any; itemized payments to vcndors, consultants, or contractors and total funds
being requested for thc invoicc period. Each invoice will also include detailed supporting
documentation which will include accounting summaries documenting hourly labor costs
incurred in the implemcntation of the Project, copies of invoices from vendors, consultants,
or contractors or an explanation ofthc goods or services providcd tor the Project. Project
Sponsor may establish an alternative method, subject to approval in advance by ACTlA, to
document staff costs charged to thc Project.
Project Sponsor must submit the final invoice for payment no later than ninety (90) days
after thc submission of the Final Report as required by Attachment C.
4) Project Sponsor will suhmit all reports set forth in Attachment C to ACTIA by the specified
due dates.
A, Progress Reports must be submitted every six months. These reports shall dcscribe
the current status of the Project, actions taken and eligible costs cxpendcd or incurred
during the reporting period, actions expected to be taken during the next reporting
period, an updated schedule with estimated completion date, scope changes, project-
relatcd issues, any unexpected legal, environmental, engineering or construction
difficulties, notices of potential claims, and any additional relcvant information
requested by ACT!A. Thc Projcct Progress Rep()ft in Attachmcnt C: Exhibit A shall
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ACTIA Bikelped Countywide Discretionary Fund Grant Agreement ACTIA #: A05-0033
__~.Sponsor: East Bay R!&t()~I!..~1 Park District
be the fonnat used for reporting, unless an alternate reporting format is requested by
the Project Sponsor and approved in advance by ACTlA.
B. Thc employment of Small Local Business Enterprises (SLBE) and Local Business
Enterprises (LBE) is encouraged, but not requircd. SLBE and LBE reporting is
required, in the report fonnat in Attachment C: Exhibit B, when the Project is
receiving $25,000 or more in ACTIA funds and the ACTIA funds are used for a
single consultant contract with a value of more than $25,000. The Project Sponsor
must also complete the SLBE and LBE reporting fonn for all subconsultants, as
detailed in Attachment C: Exhibit B.
C. In the event that a Progress Report or the Final Report is not received, ACTIA
reserves the right to withhold payment of invoices until the appropriate report is
suhmitted to ACTIA.
5) Project Sponsor will keep all necessary Project records to document Project activities and
perfonnance, ineluding documentation of expenses and charges to support invoices
submitted to ACTIA and other Project reporting requirements as described in Attachment
C. Projcct Sponsor wi1l a1low ACTIA or its authorized representativcs to inspect, audit,
and makc copics of any Project records related to the performance ofthis Agreement.
Project Sponsor will keep Project records in one central location tor a period of onc (])
year after ACTlA's final payment of an approved final invoice as required by Section 11.3
above.
6) Project Sponsor will acknowledge ACTlA as a funding source and will use or display the
approved ACTIA logo so that it is visible to the puhlic:
A. On any capital property purchased with ACTlA funds, or on construction sitcs where
ACTIA funds are used, where applicable and practical.
B. On any printed or electronic material associated with the Projcct that is distributed to
the public. Printed material ineludes Project related schedules, brochures, handbooks,
or promotional material. Electronic material includes Project relatcd web sites,
electric signs, or e-mail broadcasts.
C. In any Project related media events, articles, news releases or other publicity
materials.
7) Project Sponsor will obtain all state, local and federal pennits and approvals for work.
Project Sponsor will comply with all applicable state and federal laws and rcgulations.
8) Projcct Sponsor will require that profcssional services consultants, contractors and
subcontractors namc ACTlA, its officers, employees and consultants as additional insurcd
on all insurancc required by Project Sponsor for Project.
9) Project Sponsor will arrange for maintenance of the Project at no cost to ACTIA.
10) Project Sponsor will ensurc that Alameda County citizens arc intonned about the Projcct
by doing the following:
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ACTIA Bike/Ped Countywide Discretionary Fund Grant Agreement ACTIA #: A05-0033
§l2onsor: East Bay Regiona] Park District
A. Project Sponsor win promptly respond to intonnation requests from ACT lA,
ACTIA's Bicycle and Pedestrian Advisory Committee (BPAC) and the Citizens
Watchdog Committee (CWC), as a means ofinfonning the public ofthe benefits
being derived from the use of the Measure B fuods.
B. Project Sponsor win provide updated and accurate Project infonnation on the Project
Sponsor's website, or create one if none exists, and provide a link to ACTIA's
website, in order to inform the public on how the Measurc B funds are being used in
the County.
C. Project Sponsor wiIl publish, at least annually, an article either in the Projcct
Sponsor's newslctter or in AeOA's quarwrly newsletter, highlighting the Projcct.
II) Project Sponsor will, upon request from ACTIA, render a report or answer any and all
inquiries in regard to its reccipt, compliance audit findings, and usage of its funds betore
ACTlA's Goveming Board, the CWC and the BPAe.
12) Project Sponsor wiIl place in thc public domain any software, written document,
intcllectual property, process, technique or product developed with ACTIA funds as part of
the Proj ecl.
SECTION III
ACTlA OBLIGATIONS:
ACTIA will provide ACTlA funds not to exceed the "Total ACTIA Funds Awarded to
Project," as listed in Attachment A.
ACTIA will cndeavor to pay undisputed amounts of approved invoiccs within thirty (30)
calendar days of receipt.
ACTIA will provide timely notice prior to conducting an audit.
ACTIA will provide a copy of its approved ACTlA logo.
SECTION IV
GENERAL PROVISIONS:
]) Term: This Agreement will remain in effect for thirty (30) months after the ACTIA Board
awards the grant, unless terminated as provided below.
2) Tennination: lfthe Project Sponsor materially breaches this Agreement, including but not
limitcd to failing to mect the schedule without compelling rcason, failing to filc required
Progress Reports in the time specified by this Agreement, or failing to comply with
applicable regulations, ACTIA may either tenninate this Agreement or suspend payments
to the Project Sponsor until such time as the Sponsor makes reasonable efforts to comply
with this Agreement.
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ACTJA Bike/Ped Countywide Discretionary Fund Grant Agreement ACTIA #: A05-00]]
~,nsgr: East Bay Re (ional Park Dist.riçt
ACTIA may terminate this Agreement for default upon giving ten (l 0) days written notice
(or such other period of time authorized in writing by ACTIA) of such default to Project
Sponsor and Project Sponsor does not cure such default. ACTIA wil1 reimburse Project
Sponsor for qualifying cxpenditurcs in ful1 eonforrnance with this Agreement made until
the effective date of the tennination.
3) Indemnity: Project Sponsor will indemnify and hold harmless ACTIA, its officers,
employees, agents, representatives, consultants, and successors-in-interest against any and
all claims, suits or actions arising out of an act or omission of the Project Sponsor or its
employees, subcontractors or agents in the performance of this Agreement, except to the
extent such claim, suit or action arises (JUt of the sole negligence or willful misconduct of
ACTIA. ll1is indemnification will survive expiration or termination ofthis Agreement.
ACTIA shall indemnify and hold harmless Project Sponsor, its officers, employees, agents,
and successors-in-interest against any and all claims, suits or actions arising out of a
negligcnt act or omission by ACTIA in the performance of its duties under this Agreement.
4) Notices: Any notice which may bc required under this Agreement shall bc in writing, shaH
be effective when received, and shall be givcn by personal delivery service or first class
mail, to the addressees set forth in Attachment A, or to such addressees which may be
specified in writing by the partics.
5) Contacts: The persons listed as Contacts in Attachment A will be the first point of contact
and act as the liaisons between ACTIA and Project Sponsor with regards to thc day-to-day
activitics of the Project. An reports and correspondence are to be addressed to the specified
Contacts.
6) Project Number: All correspondence shall reference the "ACTIA Project Number"
specified in Attachment A.
7) Integration: This Agreement represents the entire agreement of the parties with respect to
the subject matter described in this Agreement, and no representation, warranties,
inducements or oral agreements have been made by any of thc parties except as expressly
set forth herein.
8) Amendment: This Agreement may not be changed, modified, or rescinded except in
writing and signed by the parties hereto. Any attempt to modifY this Agreement orally will
be void and of no eflect. The ACTIA and Project Sponsor Contacts as specified in
Attachment A may jointly authorize, in writing, any minor schedule revisions, "ACTIA
Line I tem Project Budget" rcvisions, or changes to the Project scope of work. Any other
amendments to this Agreement must be executed in writing by the signatories to this
Agreement. Any change in Project scope of work mllst be approved by ACTIA prior to
implementation ofthe change by the Project Sponsor.
9) Ind~'Pendcnt Contractor: Project Sponsor and any party contracting with it renders its
scrvice under this Agreement as an indt"pendent contractor, None of the Project Sponsor's
agents, subcontractors or employccs shan bc construed as agents or employees of ACTIA.
The legal relationship of any person performing services for the Project Sponsor wiJl be
solely between that person and the Project Sponsor. This paragraph does not apply to
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ACTIA Bike/Pcd Countywide Discretionary Fund Grant Agreement ACTIA #: A05-0033
,^~"__,,§p.onsor: East Bay Re~ion,,1 PI!.r"'J>J~!rict
elected officials serving concurrently On thc governing boards of both the Project Sponsor
and ACTIA.
,
lO) Assignment: This Agreement may not he assigned, transferred, or subcontracted by any
party without the express written consent of the other party.
1 1) Severahility: Should any part of this Agreement be declared unlawful, invalid, or heyond
thc authority of either party to ~"Ilter into or carry out, such decision shaH not affect the
validity of the remainder ofthis Agreement which shall Continue in full force and effect;
provided that, the rcmaind¡,'f of this Agreement can, absent the invalid portion(s),
reasonably be interpreted to give effect to the intentions of the parties.
12) Effective Date: The cffectivc date of this Agreement is the datc thc ACTIA Board
approves thc grant award.
13) Gcneral Compliance with Laws: The performance of this Agreement and thc expenditure
of ACTIA funds received under this Agreement will be in accordance with all applicable
provisions of loeal and state law.
14) Force Majeure: Neither ACTIA nor Project Sponsor shaH he liable or deemed to be in
default for any delay or failure in performance under this Agreement or interruption of
services, directly or indirectly, from the acts of God, civil or military authority, acts of
public enemy, war, strikes, labor disputes, shortages of suitable parts, materials, labor or
transportation, or any similar cause beyond the reasonable control of ACTIA or Project
Sponsor.
15) Governing Law: This Agreement shall be construed and interpreted and the legal relations
created thereby shall be detennined in accordance with the laws of the State of Cali to mia.
] 6) Binding on Successors: All of the terms, provisions and conditions of this Agreement will
bc binding upon and inure to the bencfit of the parties and their respective successors,
assigns and legal reprcsentatives,
17) Attorneys' fees: If any legal proceeding should be instimted by either of the parties to
enforce the terms of this Agreement or to detennine the rights of the partics under this
Agreement, the prevailing party in said proceeding will recover, in addition to aH court
costs, reasonable attorneys' fees.
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ACTIA Bike/Ped Countywide Discretionary Fund Grant Agreement ACTIA #: AOS·0033
, , ..~.._"',.. Sponsor: Enst Bny Regional Pnrk District
IN WITNESS WHEREOF, the parties hereto have executed this Agreement hy their duly
autholized oftÌcers.
ACTIA will make a good faith effort to providc all funds set forth in this AGREEMENT.
EAST BAY REGIONAL PARK
DISTRICT
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pãt O'Brien, Geneml Manager
ALAMEDA COUNTY TRANSPORTATION
IMPROVEMENT AUTHORITY (ACTIA)
By: Ii
~~Iey, ACTIA Chair
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Recommended:
BY~(V
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Christine Monsen, Exccutive Director
Ted Radosevich
District Counsel
Approved as tQ Leg! l Form:
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By:.. i <.- t-~ [;lI.....-....'..
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Wendel, Rosen, Blaek & Dcan LLP
ACTIA Counsel
:P~r°ÎJ..rove s to Lega'iZIJ Ç)
~¥d!f2",",1 d1lLf)
Attest:
By:~¡Ch~~~~~3~6-
Trudye Jo nson, Cle of ACTIA
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ACTIA Bike/Ped Countywide Discretionary Fund Grant Agreement ACTIA #: A05-0033
Sponsor: East Bay Re l;lonal Park District
ATTACHMENT A
PROJECT SPECIFIC INFORMATION
Project Sponsor:
Project Name:
East Bay Regional Park District
Alamo Canal Trail Undercrossing ofI-580 Feasibility Study.
Ii:
ACTIA Projeet Number: A05-0033
ACTIA Award Date: April 28, 2005
Total ACTIA Funds Awarded to Project: $50,000
Total Project Cost: $100,000
Project Sponsor Matching Funds:
Amount Source
$25,000 City of Pleasanton (General Fund)
$25,000 City of Dublin (Measure B Local Bike & Perl Funds)
Percentage Total ACTIA Funds Awarded to Project/Total Project Cost: 50%
Total Une Item Projeet Budget:
~"'~~-
Itcm
Consultant (Feasibility Study)
Amount
$90,000
Source s
ACTlA Countywide funds
City of Pleasanton
Cit of Dublin
City of Pleasanton
Cit of Dublin
1·
,
';
EBRPD Staff: Projcct Management $10,000
and Communit Outreach
-..-.",.....--,..",.., ,..
Total $100,000
F:\Adm i ni5.trativc', ACT I A \ AgTL"t::I11~nts",Agn..~ment!Ì\Bi ke: & rede~trian\Cycle 2.ßP.ngrants\A05 _ 0033.nAgrecm¡¡.'Ot_AIí.uno Canul
Tlilil L.:ndcrcrosslng_EBRPD,doc Page 8 of 15
ACTIA BikclPed Countywide Discretionary Fund Grant Agreement ACTIA #: A05-0033
Sponsor:J';!st Bay Regional Park District
Project Sponsor Contact:
J cff Rasmussen, Grants Manager
East Bay Regional Park District
p,O, Box 5381
Oakland, CA 94605-0381
(5] 0) 544-2204
jrasmusscn@ebparks.org
ACTlA Contacts:
Tess Lengyel, ACTIA Programs and Public Affairs Manager
426 - ] 7''' Street, Suite 100
Oakland, CA 94612
(510) 267·6] I 1
TLengyel@acta2002.eom
Rochelle Wheeler, ACTIA Bicycle and Pedestrian Coordinator
426 - 17" Street, Suite 100
Oakland, CA 94612
(510) 267-612]
R Whccler@acta2002.com
..._.~ ~ ._ ~'__"__"'~"W"'__'_
F:\Admínislruti ve\ACTI ^ \Agrl"Cm(''11ls\Agrccml.'Dts\ßik¡;= & PcdC:!:õLriarj \Cydc .2 '" BP _.ßrant~\A05 _ 0033 _Agreement_Alamo Can¡ll
Trail l,;l1d(,."Tcrus!iing_ EBRPD.døc Page 9 of t 5
ACTIA Bike/Ped Countywide Discretionary Fund Grant Agreement ACTlA II: A05-0033
"._._ Sponsor: East Bay Re2ional Park Distrl~t
ATTACHMENT B
PROJECT DESCRIPTION
The Coordinated Funding Application submitted for Measure B Bicycle and Pedestrian
Countywide Discretionary Funds, Cycle 2 (2005), is incorporated herein by reference.
Project Useful Life: Not applicable.
Project Description:
f
"
The East Bay Regional Parks District (EBRI'D) will complctc a fcasibility study for the Alamo
Canal Trail undercrossing oflnterstate 580 and the BART tracks. This facility would close a
600-foot gap in the existing Alamo Canal Trail, creating a continuous 3.6 mile Class I bicyclc
and pedcstrian path. The Alamo Canal Trail connects the Iron Horse Trail in Dublin to the
Arroyo Del Valle Trail in Pleasanton, The feasibility study project is intended to creatc a
preferred design alternative and credible cost estimate that will advance this capital project by
bringing it closer to the construction phase.
"
This planning project will dctermine operationally-required clcments, community-desired
clements and engineering challenges to building the trail. The project will produce a feasibility
study which will discuss the following:
· Community input on this trail segment,
· Engineering that will be required to build a trail crossing under the 1-580 freeway and
BART 1ine,
· Potential environmental and other impacts that must be considered for design and
construction phases,
· Potential impacts of building a trail adjacent to a waterway/flood control channe1,
· Required permits,
· Required right-of-way and all property rights involved in the project,
· Potential utility issues,
· Agcncieslentities that must bc involved or contacted about this project,
· A preferred design alternative, and
· Potential costs for project design, construction and maintenance.
{"
"
The majority of this project budget (approximately 90%) will be used for the services of a
consultant who will complete the tollowing tasks, at a minimum: kick-off meeting; base map;
cxisting conditions; field survey; engineering and geotechnical review; preliminary design;
CEQA initial study; stakeholders meeting; and the final feasibility study.
Thc EBRPD will work with the Cities of Dublin and Pleasanton as well as Caltrans, BART,
Zone 7 Water Agency, and the Hacicnda Business Park Association in dcve10ping this project;
and will strivc to dcvclop a rccommended design that is mutually agreeable to all partics.
Focused public outreach will be conducted as part of the project.
F:\Admjnistrad'ic\ACTI A \Agrccmc..."nt.~·..Agret....nents\Bike & Pcik.-strian\Cyç k 2_ RP.-1;nln(s'A05 _ 0013 ~AgT<...'Cml".ï1t-^ 1¡¡l1m (final
Tr41il Uridd'CI'ossÎ,ng_,EBRPD,doç Page 10 of i5
,
Milestone
Stakeholders Klek-offmeetin s
Write RFP
Release RFP Pro' cct Initiation
Pro ress Re ort #1 Due
Select Consultant
Conduct Field Investi ations
Pro ress Re ort #2 Due
Draft Fcasibilit Stud Com Ictc
Public outreach meetin
Final Feasibilit Stud Com lete Pro'ect Com
Final Re ort Due
---.
nt Agrectnent ACTIA #: A05-00ll
'ponsor: Ea"~!_ Bay Regional Par {,ºi~trict
ublin and Pleasanton regarding funding
c for trail maintenancc wilJ be detemtined
Schedule
Julv 2005
Au~ust 2005
October 2005
October 28 2005
November 2005
March 2006
Annl 28 2006
Julv 2006
AUQust 2006
Sentettlber 2006
November 30, 2006
ported in concept by the appropriate staff
ectings related to this project.
dvisory Committee for the project, if one
ect mcctings and milestones, such as
ns, review of draft construction drawings,
~-'--
de 2_ BP ~r-dnts\A05_0033 _ Agrt;a::::II'It:IH.~ Alamo Canal
Page II or I:>
ACTIA BikcJPed Countywide Discretionary Fund Ora
S
EBRPD will enter into specific agreements with both 0
for this feasibility study project. The agency responsibJ
as part ofthe feasibility study.
Project Schedule:
"
t
Final Deliverable(s): A published feasibility study, sup
of each affected agencies.
Special Conditions:
I. ACTIA will be notified of an publicly"notieed m
2. ACTIA wilJ be invited to sit On the Technical A
is created.
3. ACTIA wilJ be invited to participate at key proj
stakeholder meetings, review of draft design pIa
etc.
"
F :\Ad1ninistratÎvc\.ACTlA \.Agrccmcnt!>\AgrcClnc:nt!ì\Bikc & Pedcslri~n\('y
Trail Undc::rçrossinL fBRrD.Joc
ACTIA Bike/Ped Countywide Discretionary Fund Grant Agreement ACTIA #: A05-0033
Sponsor: E;.~!!,Bay Re~ional Park Oistrict
A TT ACHMENT C
PROJECT PERFORMANCE MONITORING
Award Date
April 28, 2005
Progress Report No.1
Due October 28, 2005
Progress Report No.2
Due April 28, 2006
Progress Report No.3
Due October 31, 2006
'>'.
Progress Report No.4
Due April 27, 2007
Final Report
Due Juue 29, 2007, or Sixty (60) days after
Project Completion, whichever is earlicr.
Final Invoice
September 28,2007, or Nincty (90) days
after Final Report is submitted, whichever is
carlier.
Agreement Expires
October 31, 2007
FInal Report shall inelude the following: A copy of the final published feasibility study, with
a cover letter stating the study is complete.
~\
F:lAdminÎstrativ¡;\ACTIA \.Agreemcnts,\Agrccmcnt.!:>\Bike & Pedcsnían\Cyclc 2_ RP _g.tants,\A.()S _003.1 _ Agra.,"ment_ Alamo Can~1
Truil Um..l~..(;rossìn'¡LEBRPD.doc Page 12 or IS
ACTIA Bikc/Pcd Countywide Discretionary Fund Grant Agreement ACTIA #: A05-0033
Sponsor: East Bay Re¡:ional Park Distric!
Alamo Canal Trail Undercrossing ofl.580 Feasibility Study
Project Progress Report
(TIME PERIOD)
STATUS
r
ACTIONS (In th!~.Reúorting Period)
ANTICIPATED ACTIONS (In, Next Reoortingp,,¡iod)
t,
"
,
",
t,
<',
SCHEDUI.;,Ij:, CHANGES
o The project remains on schedule, as shown in Attachment B of the Agreement.
o The reviscd project schedule is attached for revicw and approval.
SCOPEJ;J::IANGES
o The project scope is unchanged, and is the same as shown in Attachment B of the
Ab>reement.
o The scope of the project has been modified and is attached for review and approval.
BUDGET
o The line itern project budget, as shown in Attachment A of the Agreement, is essentially
unchanged.
o Substantia] changes are proposed to the line item project budget. A revised budget is
attached for revicw and approval.
J!:XPENDITURES
o An invoice is included with this PrOf,>ress Report.
o No invoicc is included. A list of all expenditures made during the reporting period is sh(,wn
bclow.
-_.,,,,,,~._,. , .,
F ;\Admini ~tnIti v¡:V\CTJ A \Agfc:cmCl11s\AJjtc~ments\Bikc & P¡:destril1n\Cyclc 2,_BI) _grants\A05._ 0033 _ Agn....t\'JTlent."Alam\) Can;:!1
Trail Un¡Jt,::n.:russillg,)::BRPD,doç Page 13 of]5
ACTIA Bike/Ped Countywide Discretionary Fund Grant A¡''Teement ACTIA #: A05-0033
Sponsor: Ea~t Bav Regional Pat:~ District
POTENTIAL CLAIMS
o There are no Notices of Potential Claim On file.
o We anticipate a claim regarding the following:
o There are presently _ Notice(s) of Potential Claim on file. Those not previously
¡orwardcd are attached ¡or review and comment.
GENERAL
o At this time we anticipate no problems on the project.
o We anticipate problems in the following area and would appreciate any assistance you could
offer:
o We anticipate problems in the following area but do not feel we need your assistance at this
time:
PUBLICITY
o Updated and accurate Project infonnation is included, with a link to ACTIA's websitc, at the
following web address:
o An article was published, highlighting this Project, on (date) in the
Newsletter.
~Q.!Si.\LS
o Signal modificutions are not part of the Project.
o Signal modifications are part ofthc Project.
Considered Included (please check the appropriate box)
o 0 Audible Pedestrian Signals
D 0 Adjustable Pedestrian Timing
D D Emergency Vehicle Pre-Emption
F :\Admini:iòl.fativc\ACT IA \Agrç("'I11enl,;;IAgrecments\Bikc & Pt.=dcS(riW1\Cyde- 2 ~,H 1_grant$\A05 _ 0033 _Agrccmcnt_A ~m( Carial
Trail Ulult:n;ru~sir1g"EBRP1)'doc Page 14 of 15
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