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Home My WebLink About4.10 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 g:miscproject\ironhors\phllagmLdo¢ ATTACH !.M~N'F_-~