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File # 600-40
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: February 4, 2003
SUBJECT: Amendment to the Agreement Between Alameda County
Congestion Mangement Agency and City of Dublin
Report Prepared by: Lee S. Thompson, Public I, Vorks Director
ATTACHMENT: 1) Resolution
2) Amendment No. 1 to the Agreement between the Alameda
County Congestion Management Agency and City of Dublin
RECOMMENDATION.' ,4 6ar2j< Adopt Resolution approving Amendment No. 1 to the agreement
between Alameda County Congestion' Management Agency and City
of Dublin, and authorize the Mayor to execute the Amendment
FINANCIAL STATEMENT: Extension of the construction completion deadline will ensure the
acquisition of TFCA funds in the amount of $107,000
DESCRIPTION: On February 22, 2001, Alameda County Congestion Managem.~_~nt
Agency (CMA) and City of Dublin entered into an agreement for $107,000 of Transportation for Clean
Air (TFCA) funds for construction of the proposed Alamo Creek Bike Path project. This project consists
of paving a 12-foot wide asphalt concrete path along the west side of Alamo Creek between the north City
limit line and Amador Valley Boulevard. This agreement outlined an October 9, 2002, deadline to expend
the programmed TFCA funds. Ho~vever, due to design issues raised by Zone 7 Water Agency and
restrictions on construction activity near the creek during winter months, the City is unable to start the
bike path construction until Summer 2003.
At its board meeting on November 21, 2002, the Alameda County CMA approved the City's request to
extend the deadline to expend the TFCA funds by one-year as outlined in Amendment No. 1 to the
Agreement between Alameda County CMA and the City. The new deadline to complete the Alamo Creek
Bike Path project is October 9, 2003. Staff is currently working on the project design and anticipates that
construction will begin in Summer 2003 with a target completion date in September 2003.
Staff recommends that the City Council adopt the Resolution approving Amendment No. 1 to the
agreement between Alameda County Congestion Management Agency and City of Dublin, and authorize
the Mayor to execute the Amendment.
COPIES TO:
ITEM NO.
g:XmiscprojXAlamo creek bike pathLAS amendment /4/
RESOLUTION NO. - 03
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AMENDMENT TO AGREEMENT WITH THE
ALAMEDA COUNTY CONGESTION MANAGEMENT AGENCY FOR THE
TRANSPORTATION FUND FOR CLEAN AIR FOR THE ALAMO CREEK BIKE PATH,
NORTHERN CITY LIMITS TO AMADOR VALLEY BOULEVARD
WHEREAS, the City Council of the City of Dublin approved an agreement on February 22, 2001, for
Transportation Fund for Clean Air (TFCA); and
WHEREAS, the TFCA monies were designated for used on the Alamo Creek Bike Path project
between the northern City limit to Amador Valley Boulevard;
WHEREAS, the agreement specified an' October 9, 2002, deadline to expend the programmed TFCA
funds; and
WHEREAS, the start of project construction has been delayed until Summer 2003; and
WHEREAS, the Alameda County Congestion Management Agency has approved a new completion
deadline of October 9, 2003;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby
approve the attached hereto Amendment No. 1 to the agreement with the Alameda County Congestion
Management Agency.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute the amendment to the
agreement.
PASSED, APPROVED AND ADOPTED this 4th day of February, 2003.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
G:miscprojkAlamo ck bike pathkreso amend cma agmt tfca funds
AMENDMENT NO. 1
Project No. 00-ALA-04
AMENDMENT NO. 1
to the
AGREEMENT
between the
ALAMEDA COUNTY CONGESTION MANAGEMENT AGENCY
and the
CITY OF DUBLIN
This AMENDMENT is made and entered into as of the latest date appearing on the
signature page below, by and between the ALAMEDA COUNTY CONGESTION MANAGEMENT
AGENCY, a joint powers agency ("CMA") and the City of Dublin (hereinafter "Sponsor") who
agree as follows:
RECITALS
A. CMA and SPONSOR entered into that certain AGREEMENT dated February 22~ 2001,
whereby SPONSOR used $107,000.00 of the funds available in the 2000/2001 Alameda County
allocation of TFCA funds to the Sponsor to be used for Class 1 Bicycle Path - Alamo Creek (0.9
mi.) Project 00-ALA-04 ("Project"). The Project, along with Sponsor's proposed expenditure
plan for the Project's implementation, is described in more detail in the Agreement.
AMENDMENT
1. Notwithstanding anything to the contrary contained in the AGREEMENT, the
expenditure deadline set forth in the AGREEMENT is hereby extended approxmaatel.y 1.2 months
~rom October 9, 2002 to October 9, 2003.
Except as expressly modified in this AMENDMENT, all of the terms, covenants and
conditions of the AGREEMENT shall remain in full force and effect and are hereby ratified and
confirmed.
IN WITNESS WHEREOF, CMA has caused the AMENDMENT to be subscribed by the
binding authority of CMA and SPONSOR has caused the AMENDMENT to be subscribed on its
behalf by duly authorized signees.
SPONSOR: CMA:
CITY OF DUBLIN ALAMEDA COUNTY CONGESTION
MANAGEMENT AGENCY
By: By:
Dennis Fay, Executive Director
Approv. alas t~fo~_~qegality:
Wendel, Rosen, Black & Dean, LLP
Legal Counsel to CMA