HomeMy WebLinkAboutItem 4.10 ApprvAgrmntW/PlsntnCITY COUNCIL MEETING DATE:
AGENDA STATEMENT
CITY CLERK
May 4, 1999
SUBJECT:
Iron Horse Trail Project - Agreemem Between the Cities of Dublin
and Pleasanton for Construction/Reimbursement of Phase II of the
Arroyo/Iron Horse Trails Project
Report Prepared by: Lee S. Thompson, Public Works Director
ATTACHMENTS:
1. Resolution of Approval
2. Agreement
3. Location Map
FINANCIAL STATEMENT:
1)
2)
Adopt resolution approving Agreement between the Cities of
Dublin and Pleasanton for construction and reimbursement
for Phase II of the Arroyo Trails Project
Authorize City Manager to execute the Agreement
The Dublin portion of Phase II of the Arroyo/Iron Horse Trails
project is funded with 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 funds for the Dublin portion of the
project. No additional appropriation of funds is required.
DESCRIPTION: On January 5, 1999, the Council approved the appropriation of additional City
General Fund monies to fund the construction ora portion of the Iron Horse Trail between the northern
City Limit and Amador Valley Boulevard.
In addition, the Council authorized Staff to prepare an agreement with the City of Pleasanton to account
for payment of costs associated with the Dublin portion of the project. Staff prepared a draft agreement,
which was reviewed by Pleasanton staff and City Attorneys from both Dublin and Pleasanton. Their
comments have been incorporated in the agreement (Attachment 2).
Staff recommends that the City Council adopt the resolution approving the construction/reimbursement
agreement with the City of Pleasanton, and authorize City Manager to execute said agreement.
COPIES TO: City of Pleasanton
ITEM NO. ~
g:h'niscproj\ironhors~agstagmt, doc
RESOLUTION NO. -99
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVAL OF AGREEMENT BETWEEN THE CITIES OF DUBLIN AND PLEASANTON FOR
CONSTRUCTION/REIMBURSEMENT FOR PHASE II OF THE ARROYO TRAILS PROJECT
'2
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 of Dublin has acquired funding from Transportation Development Act
grants, and contributions from Alameda County Flood Control & Conservation District-Zone 7 and East Bay
Regional Park District; and
WHEREAS, the City Council has approved the appropriation of additional City General
Funds to fully fund the Dublin portion of the project; and
WHEREAS, the Cities of Dublin and Pleasanton will require an agreement to describe the
duties and responsibilities of each agency.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the agreement between the Cities of Dublin and Pleasanton for construction/reimbursement
for Phase II of the Arroyo Trails 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:
ATTEST:
City Clerk
Mayor
CONSTRUCTION/REIMBURSEMENT AGREEMENT
FOR PHASE II OF THE ARROYO TRAILS PROJECTS
THIS AGREEMENT is made this day of ., 1999, by and between CITY
OF PLEASANTON, a municipal corporation (hereinafter referred to as "Pleasanton") and CITY OF
DUBLIN, a municipal corporation (hereinafter referred to as "Dublin").
RECITALS
WHEREAS, Pleasanton and Zone 7 of Alameda County Flood Control and Water Conservation
District (hereinafter referred to as "Zone 7") have executed a Construction/Reimbursement Agreement,
dated December 20, 1995, to construct with State/Federal monies a pedestrian/bike pathway on Zone 7's
property generally known as the Alamo Canal, Arroyo de la Laguna and South San Ramon Creek; and
WHEREAS, Pleasanton and Zone 7 have executed a License Agreement, dated January 19, 1971,
to use certain Zone 7 property for recreational purposes which includes Pleasanton's use of the area,
generally known as the Alamo Canal and the Arroyo de la Laguna; and
WHEREAS, Dublin and Zone 7 have executed a License Agreement, dated March 18, 1987, to
use certain Zone 7 property for recreational purposes which includes Dublin's use of the area, generally
'known as the Alamo Canal and South San Ramon Creek; and
WHEREAS, Zone 7 owns and maintains the Alamo Canal, Arroyo de la Laguna and South San
Ramon Creek (hereinafter referred to as "Zone 7's property").
NOW, THEREFORE, for the mutual consideration provided herein, the sufficiency of which is
hereby acknowledged, the parties hereto agree as follows:
1: Proiect. Pleasanton and Dublin will construct on Zone 7's property certain pedestrian/bike
pathway improvements, as shown on plans and specifications entitled "Arroyo Trails Project (Bikeway),
Phase ti" (hereinafter referred to as "Project"), incorporated herein by this reference.
Dublin Responsibilities. Dublin shall be responsible for the following:
a. Desi~ and inspect all work within the City of Dublin.
b. Process and approve all contract change orders for work within the City of Dublin.
c. Transfer all funding for the Project that will be provided by Dublin to Pleasanton within
thirty (30) days of request.
d. Prepare and submit monthly progress payment reports for completed work to Pleasanton
City Engineer for processing payments to Project's general contractor.
e. Organize all related Project correspondence, including related invoices and staff expenses,
and submit to Pleasanton within twenty (20) days of request.
3. Pleasanton Responsibility. Pleasanton shall be responsible for the following.
a. Administration of the construction contract, including review of monthly progress reports
and processing payments to the Project's general contractor.
b. Preparation of all related project correspondence to the California Department of
Transportation and the Metropolitan Transportation Commission.
c. Project management for all Project-related work within the City of Pleasanton.
4. Term and Termination. This Agreement shall become effective on the first date indicated
above and shall terminate upon the acceptance by all parties of the work herein.
5. Indemnification. Neither Pleasanton, nor any officer or employee thereof, shall be responsible
for any damage or liability occurring by reason of anything done or omitted by Dublin under or in
connection with any work, authority or jurisdiction not delegated to or performed by Pleasanton under
this agreement or otherwise. Pursuant to Government Code §895.4, Dublin shall fully indemnify and
hold Pleasanton harmless from any liability imposed for injury (as defined by Government Code §810.8)
occurring by reason of anything done or omitted to be done by Dublin under or in connection Mth any
work described herein.
Neither Dublin, nor any officer or employee thereof, shall be msponsible for any damage or
liability occurring by reason of anything done or omitted by Pleasanton under or in connection with any
work, authority or jurisdiction not delegated to or performed by Dublin under this agreement or otherwise.
Pursuant to Government Code §895.4, Pleasanton shall fully indemnify and hold Dublin harmless from
any liability imposed for injury (as defined by Government Code §810.8) occurring by reason of anything
done or omitted to be done by Pleasanton under or in connection with any work described herein.
6. Independent Capacity. The parties are acting in an independent capacity in the performance of
their respective functions under this agreement, and no officer, agent or employee of either party is to be
considered the officer, agent or employee of the other.
7. Modification. This agreement shall be modified only by ~zitten agreement of the parties.
THIS AGREEMENT is executed as of the date and year first stated above.
CITY OF PLEASANTON
CITY OF DUBLIN
Deborah Acosta, City Manager
Richard C. Ambrose, City Manager
ATTEST:
ATTEST:
Peggy Ezidro, City Clerk
Kay Keck, City Clerk
APPROVED AS TO FORM:
APPROVED AS TO FORM:
Michael Roush, City Attorney
Elizabeth Silver, City Attorney
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ATTACH !.M~N'F_-~