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Home My WebLink AboutItem 4.09 IronHorse/EBRPDCITY CLERK AGENDA STATEMENT CITY COUNCIL MEETING DATE: May 4, 1999 SUBJECT: Iron Horse Trail Project - Cooperative Funding Agreement between the City of Dublin and East Bay Regional Park District for the Construction of Phase II of the Iron Horse Trail Report Prepared by: Lee S. Thompson, Public Works Director ATTACHMENTS: RECOMMENDATION: 1. Resolution of Approval 2. Agreement 3. Location Map Adopt Resolution approving Cooperative Funding Agreement between the City of Dublin and East Bay Regional Park District for construction of Phase II the Iron Horse Trail Project and authorize City Manager to execute said agreement FINANCIAL STATEMENT: The Dublin portion of the Arroyo/Iron Horse Trails, Phase II project is funded by a combination of federal, state, and General Fund monies. In January 1999, the City Council approved the appropriation of $122,493 from Unappropriated General Fund Reserves to provide additional funding for this project. No additional appropriation of funds is required. DESCRIPTION: On January 5, 1999, the Council approved the appropriation of additional City General Fund monies for the construction of a portion of the Iron Horse Trail between the northern City Limit and Amador Valley Boulevard. The approval of this appropriation was given in anticipation of a $50,000 contribution by the East Bay Regional Park District, which in mm requires a cooperative funding agreement between the two agencies. Staff prepared a draft of the agreement, which has been reviewed by Park District staff, the Park District's Counsel and Dublin's City Attorney. The resulting comments have been incorporated into the agreement (Attachment 2). Staff recommends that the City Council adopt the resolution approving the cooperatiVe funding agreement with East Bay Regional Park District and authorize the City Manager to execute said agreement. g:\miscproj\ironhors\agstagmtebrpd.doc COPIES TO: EBRPD ITEM NO. RESOLUTION NO. -99 //~' ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVAL OF COOPERATIVE FUNDING AGREEMENT BETWEEN EAST BAY REGIONAL PARK DISTRICT AND THE CITY OF DUBLIN: FUNDING FOR THE CONSTRUCTION OF THE IRON HORSE TRAIL FROM THE ALAMEDA COUNTY LINE TO THE HWY 1-580/I-680 INTERCHANGE IN DUBLIN WHEREAS, the Cities of Dublin and Pleasanton had applied for and received a federal ISTEA grant to construct a bike/pedestrian trail including a portion of the Iron Horse Trail between the northern City Limit and Amador Valley Boulevard; and WHEREAS, the City Council had approved the appropriation of additional City General Funds to fund thc Dublin portion of the project; and WHEREAS, East Bay Regional Park District operates and manages the Iron Horse Trail in Contra Costa County, of which the Project will be an extended segment; and WHEREAS, East Bay Regional Park District has Measure AA funds allocated for the construction of the Iron Horse Trail; and WHEREAS, the City of Dublin and the East Bay Regional Park District will require a cooperative funding agreement that will specify the terms and conditions under which said project will be implemented. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the cooperative funding agreement between the City of Dublin and East Bay Regional Park District for the construction of the Iron Horse Trail project. BE IT FURTHER RESOLVED that the City Council does hereby authorize the City Manager to execute said agreement. PASSED, APPROVED AND ADOPTED this 4th day of May, 1999. AYES: NOES: ABSENT: ABSTAINING: Mayor ATTEST: City Clerk g: Itniscprojlironhorslresoebrpdagrnt. doc COOPERATIVE FUNDING AGREEMENT BETWEEN EAST BAY REGIONAL PARK DISTRICT AND THE CITY OF DUBLIN: FUNDING FOR THE CONSTRUCTION OF THE IRON HORSE TRAIL FROM THE ALAMEDA COUNTY LINE TO THE HWY. 1-580/I-680 INTERCHANGE IN DUBLIN This Agreement made and entered into on the __ day of ,1999, by and between the East Bay Regional Park District, hereinafter referred to as "EBRPD", and the City of Dublin, hereinafter referred to as "CITY." RECITALS WHEREAS, the CITY of Pleasanton, hereinafter referred to as "Pleasanton", and the CITY have received grants for work which includes the construction of the Iron Horse Regional Trail, between the Alameda County line and the Highway 1-580/1-680 Interchange in Dublin, hereinafter referred to as the "Project"; and WHEREAS, EBRPD operates and manages the Iron Horse Regional Trail, of which the Project will be a segment; and WHEREAS, EBRPD has Measure AA funds allocated for the construction of the Iron Horse Regional Trail; and WHEREAS, Pleasanton has agreed to administer and manage construction of the Project; and WHEREAS, CITY, Pleasanton, and EBRPD 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, for the mutual consideration provided herein, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows: EBRPD Responsibilities. a) EBRPD shall review and comment on 50% and 85% progress contract documents and review and approve final contract documents developed by the CITY in a timely manner. b) EBRPD shall process CITY's reimbursement request for actual expenses up to $50,000 for completion of the Project and transfer said funds to Pleasanton within thirty (30) days of receipt of an invoice from the CITY. CITY Responsibilities. a) CITY shall assist Pleasanton in implementing the Project through the development of contract documents, bidding and award of the work to a qualified contractor, administration and inspection of the work and final acceptance of the improvements. b) CITY shall submit to EBRPD copies of 50% and 85% progress contract documents for their review and comment and submit final contract documents for review and approval by EBRPD before CITY distributes the final documents for bidding. c) CITY shall submit to EBRPD a summary of Project expenses at the completion of the Project and submit an invoice to EBRPD for up to $50,000 for actual expenses incurred. 3. Amendment. This Agreement may be amended or canceled by mutual consent in writing of the two parties. Notices. Notices regarding this Agreement shall be sent by first class mail, postage prepaid, to EBRPD at P.O. Box 5381, Oakland, CA 94605-0381, and to CITY at Public Works Dept., at 100 Civic Plaza, Dublin, CA 94568. 5. Term. This Agreement shall become effective from the first date indicated above and shall expire December 31, 2000, unless otherwise terminated or amended in writing by both parties. Other Documents. This Agreement contains the entire agreement between the parties with regard to matters described in this Agreement and supersedes all prior agreements, whether written or oral, between the parties with respect to such subject matter. 7. Interpretation. This Agreement shall be interpreted and enforced under the laws of the State of California. Indemnification. EBRPD agrees to indemnify and hold harmless CITY, its City Council, 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, arising out of the work conducted or performed by EBRPD pursuant to this Agreement. CITY agrees to indemnify and hold harmless EBRPD, its Board of Director, 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, arising out of the work conducted or performed by CITY pursuant to this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, duly authorized, the provisions of which Agreement is effective as of the day, month, and year first hereinabove written. CITY OF DUBLIN By: Richard C. Ambrose, City Manager AT.TEST: Kay Keck, City Clerk Approved as to ~brm: By City Attorney EAST BAY REGIONAL PARK DISTRICT By General Manager Approved as to form: By District Counsel g:miscproj\ironhors\ebrpdagmt.doc CURRENT iRON HORSE TRAIL PROJECT -7.---~-¢:(,-N ~A~ IV=LY PP. OGR.AMMED FOR ~'~.~' "rD F .i ~9-2080 FISCAL YE.AR) PDRT1D~ THAT WAS FFr..=-'FIOUSLY CO~TRU~T=-. '.'D BY THE C~ ~"TY Ah~D WILL BE O\ --r'---.'"J-AlO BY PARK ~;t-~'~RA P'RDJECT ,/ ! LOCATION fO, AP,.., CAk4? ! C,F JL~ETIC I · .:.. :' U.S. MAT. AERONAUTICg · ¢SPAC~ ADM. . .7~,TP, A.=FI~ SIGNAL (TO..~.E FUNDED ~_.YTP, AFFIC: - "-I / IMPACT FEES) ,-X,~.'; ''i ¥ . Al ,'rTACHMEN'F_,