HomeMy WebLinkAboutItem 7.1 Alamo Canal Trail & I-580
CITY CLERK
File # orn[Q][Q]-[i][]
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: August 7, 2007
SUBJECT:
ATTACHMENTS:
RECOMMENDATION:~
J ~
FINANCIAL STATEMENT:
Approve Cooperative Agreement with the East Bay Regional Park
District and the City of Pleasanton Regarding Funding for the
Preparation of Plans, Specifications and Estimates for the
Construction of the Alamo Canal Trail under 1-580
Report Prepared by: Melissa Morton, Public Works D~
Resolution approving the Agreement, together with Exhibit "A,"
Agreement
Adopt the resolution approving the Cooperative Funding Agreement
with the East Bay Regional Park District and the City of Pleasanton
for the preparation of plans, specifications and estimate for the
Alamo Canal Trail project under 1-580, and authorize the City
Manager to execute the Agreement.
As stated in the Agreement, the City of Dublin will contribute up
to $47,500 toward the preparation of plans, specifications, and
cost estimate for the construction of the Alamo Canal Trail
Undercrossing at 1-580. Adequate funds havt? been budgeted in
Fiscal Year 2007-2008 to pay for the City's share of the design cost.
The majority of the design costs ($235,000) shall be paid out of a
grant from the Alameda County Transportation Improvement
Authority.
DESCRIPTION: In October 2006, the East Bay Regional Park District (Park District)
presented to the City Council the results of the preliminary engineering study to construct a segment of
trail under 1-580 that would connect the Alamo Canal Trail in Dublin with the Pleasanton trail south ofthe
1-580 freeway. The study shows it would cost approximately $2.25 million to design and construct the
COPY TO: East Bay Regional Park District
City of Pleasanton
Page 1 of2
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ITEM NO.
G:\CIPWamo Canal Trail under 1-580\agst Coop Agmt Pleas & EBRPD - PSE Phase. doc
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trail connection. The next phase is to design the project and obtain the necessary permits for construction.
The design phase is estimated to cost $335,000.
The Park District, in collaboration with Dublin and Pleasanton, submitted a grant application to the
Alameda County Transportation Improvement Authority (ACTIA) and the Alameda County Congestion
Management Agency (ACCMA) in conjunction with the 2006-2007 coordinated bicycle/pedestrian
funding program. Preliminary estimates indicated Dublin's share would be $50,000. However, that
amount has now been calculated to be $47,500. ACTIA has approved $235,000 of Measure B funds to
fund the project design phase, with matching contributions from the Park District, Dublin and Pleasanton.
The cities of Pleasanton and Dublin will each contribute up to $47,500 while the Park District agrees to
appropriate $5,000 for the project. The Park District will manage the work of the design consultant and
acquire the necessary permits needed to construct the project; including those required by Caltrans,
BART, the Zone 7 Water Agency, California Department of Fish and Game, the U.S. Army Corps of
Engineers, and the Regional Water Quality Control Board.
As stated in the Agreement, Dublin will coordinate the work of the consultant and review and comment
on the plans, specifications and cost estimates.
Staff recommends that the City Council adopt the resolution approving the Cooperative Funding
Agreement with the East Bay Regional Park District and the City of Pleasanton for the preparation of
plans, specifications and estimate for the Alamo Canal Trail project under 1-580, and authorize the CitygManager to execute the Agreement.
Page 2 of2
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RESOLUTION NO. - 07
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
APPROVING COOPERATIVE FUNDING AGREEMENT AMONG THE EAST BAY
REGIONAL PARK DISTRICT, THE CITY OF DUBLIN AND THE CITY OF PLEASANTON
REGARDING FUNDING FOR THE PREPARATION OF PLANS, SPECIFICATIONS AND
ESTIMATES FOR THE 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 preparation of plans, specifications and
estimates for the Alamo Canal Trail Undercrossing at Interstate Highway 580; and
WHEREAS, on December 5, 2006, the City Council of the City of Dublin approved the
contribution of up to $50,000 towards preparation of said construction documents; however, the needed
matching funds are now only $47,500; and
WHEREAS, the East Bay Regional Park District was awarded $235,000 by the Alameda
County Transportation Improvement Authority to prepare the construction documents; and
WHEREAS, the City of Pleasanton and the East Bay Regional Park District are also contributing
$47,500 and $5,000 respectively for the design of the project;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin approves
the Cooperative Funding Agreement among the East Bay Regional Park District, the City of Dublin and
the City of Pleasanton regarding funding for the preparation of plans, specifications and estimates for the
Alamo Canal Trail Undercrossing at Interstate Highway 580.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreement.
PASSED, APPROVED AND ADOPTED this 7th day of August, 2007.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
-p-~# 7-1 el1Q7i
ATTA(;HMENT_
G:\CIP\Alamo Canal Trail under 1-580\Reso EBRPD-Pleasanton Funding Agmt for Design.doc
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COOPERATIVE FUNDING AGREEMENT AMONG THE EAST BAY REGIONAL
PARK DISTRICT, THE CITY OF DUBLIN AND THE CITY OF PLEASANTON:
FUNDING FOR THE PREPARATION OF PLANS, SPECIFICATIONS AND ESTIMATES FOR THE
ALAMO CANAL TRAIL UNDERCROSSING AT INTERSTATE HIGHWAY 580
This Cooperative Funding Agreement, hereinafter referred to as "AGREEMENT", made and
entered into on the _day of , 2007, 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".
WITNESSETH
WHEREAS, EBRPD has been awarded a $235,000 grant No.A07-0014 Exhibit A attached
hereto, hereinafter referred to as the "GRANT" from the Alameda County Transportation Improvement
Authority, hereinafter referred to as "ACTIA" to prepare plans, specifications and cost estimates and
acquire the necessary permits for construction of the Alamo Canal Trail Undercrossing at Interstate
Highway 580 between DUBLIN and PLEASANTON, hereinafter referred to as the "PROJECT"; and
WHEREAS, at its December 5, 2006 meeting, the City Council of DUBLIN directed its staff to
budget up to $50,000 for the PROJECT if the GRANT was approved (File #930-30); and
WHEREAS, PLEASANTON has appropriated $47,500 for the PROJECT, (see City of
Pleasanton City Council Staff Report SR:04: 155); and
WHEREAS, EBRPD has appropriated $5,000 for the PROJECT and is willing to administer and
manage implementation of the PROJECT; and
WHEREAS, DUBLIN, PLEASANTON and EBRPD mutually desire to cooperate in completing
the PROJECT and to specify herein the terms and conditions under which the PROJECT will be
implemented.
NOW, THEREFORE, it is mutually agreed as follows:
SECTION I
DUBLIN AGREES:
(1) To review and comment on the draft PROJECT and to review and consider approval of
the final PROJECT produced by EBRPD in a timely manner. Failure to respond within 60 days of receipt
of the final PROJECT shall be deemed approval of the PROJECT.
(2) To process EBRPD's reimbursement request for actual expenses related to the PROJECT
up to, but not to exceed, $47,500 for completion 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 EBRPD public meetings
concerning this PROJECT.
PLEASANTON AGREES:
SECTION II
(1) To review and comment on the draft PROJECT and to review and consider approval of
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EXHIBIT A
To the Resolution
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the final PROJECT produced by EBRPD in a timely manner. Failure to respond within 60 days of receipt
of the final PROJECT shall be deemed approval of the PROJECT.
(2) To process EBRPD's reimbursement request for actual expenses related to the PROJECT
up to, but not to exceed, $47,500 for completion of the PROJECT, within 30 days of receipt ofa cost
summary and an invoice from the EBRPD.
(3) To have a PLEASANTON representative in attendance at all EBRPD public meetings
concerning this PROJECT.
SECTION III
EBRPD AGREES:
(1) To expend up to~ but not to exceed, $5,000 for actual expenses related to the completion
of the PROJECT and 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, acquiring the necessary permits and
approvals from Caltrans, BART, Zone 7, Corps of Engineers, RWQCB, Fish and Game, and other
appropriate agencies as necessary, conducting public meetings, final acceptance of the PROJECT and
disseminating work products.
(2) To submit to DUBLIN and PLEASANTON copies of the draft PROJECT for their
review and comment and to submit the final PROJECT for review and approval by DUBLIN and
PLEASANTON.
(3) To prepare a summary of the PROJECT expenses at the completion of the PROJECT and
to submit this summary and an invoice to DUBLIN for up to, but not to exceed, $47,500 and to
PLEASANTON for up to, but not to exceed, $47,500 for actual expenses incurred related to the
PROJECT.
(4) To the extent possible EBRPD will first invoice ACTIA for actual expenses incurred
before invoicing DUBLIN and PLEASANTON.
(5) To provide to DUBLIN and PLEASANTON copies of the approved consultant contract,
with the scope of work and cost estimates for the PROJECT included, as well as any changes to the
scope of work and/or cost estimates as soon as they are available.
(6) To provide to DUBLIN and PLEASANTON two sets each of the final construction
contract documents including plans, specifications, cost estimates, and permits needed to bid the
construction of the project. .
SECTION IV
IT IS MUTUALLY AGREED AS FOLLOWS:
(1) This AGREEMENT may be amended or canceled by mutual consent in writing of the
three parties.
(2) If EBRPD, DUBLIN and PLEASANTON are unable to agree on any element of the
PROJECT, ACTIA shall make all final and binding decisions regarding the PROJECT.
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(3) EBRPD agrees to indemnify and hold harmless DUBLIN 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 EBRPD pursuant to this AGREEMENT.
(4) PLEASANTON agrees to indemnify and hold harmless DUBLIN and EBRPD, 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 PLEASANTON pursuant to this AGREEMENT.
(5) DUBLIN 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.
(6) Notices regarding this AGREEMENT shall be sent by first class mail, postage prepaid, to
EBRPD at General Manager, P. O. Box 5381, Oakland, CA 94605-0381, to DUBLIN at Public Works
Dept. 100 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 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 written or
oral, between the parties with respect to such subject matter.
(9)
California.
This AGREEMENT shall be interpreted and enforced under 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, the validity, legality and enforceability of
the remaining provisions shall not in any way be affected or impaired thereby.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed by their
respective officers, duly authorized as of the day, month, and year first hereinabove written.
CITY OF DUBLIN
EAST BA Y REGIONAL PARK DISTRICT
By
Richard Ambrose, City Manager
By ~'xc8A~
Genera nager
By
Elizabeth Silver, City Attorney
Approved as to form:
Byt~
Ted Radosevich, District Counsel
Approved as to form:
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CITY OF PLEASANTON
By K~
Nelson Fialho, City"'Manager
Approved as to form:
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ACTIA Agreement No. AD? -DO~ ~ c/.Jf
Funding Agreement Between
The Alameda County Transportation Improvement Authority
and
The East Bay Regional Parks Department
for the
Bicycle/Pedestrian Countywide Discretionary Funds
for the
Alamo Canal Trail Undercrossing of 1-580 Project (PS&E)
This Agreement is made and entered into between the East Bay Regional Park District, a municipal
corporation ("Project Sponsor"), and the Alameda County Transportation Improvement Authority,
a local public agency ("ACTIA") on June 30, 2007.
SECTION I
RECITALS:
1) The voters of Alameda CoUnty, pursuant to the provisions of the Local Transportation
Authority and Improvement Act, California Public Utilities Code Section 180000 et seq.,
approved the reauthorization of Measure B at the General Election held on November 7,
2000, thereby authorizing that ACTIA be given the responsibility to administer the proceeds
from the continued one-half cent transaction and use tax. The duration of the tax will be 20
years from the initial year of collection that began April 1, 2002, with said tax to
terminate/expire on March 31, 2022.
2) 'This funding agreement is made in furtherance and in compliance with the Local
Transportation Authority and Improvement Act (California Public Utilities Code section
180000 et seq.). Measure B Sales Tax Funds spent pursuant to this funding agreement will not
replace funds previously provided by property tax revenues for public transportation services.
3) ACTIA and Project Sponsor, a public agency in ACTIA's jurisdiction, desire to enter into this
Funding Agreement ("Agreement") to implement an eligible project ("Project") to expand and
enhance bicycle and pedestrian access, convenience, safety and usage in Alameda County.
NOW, THEREFORE, the parties agree as follows:
BikePed-Cycle3-A070014-EBRPD-AlamoCanaITrail
ACTIA Bicycle/Pedestrian Countywide Discretionary Fund Program
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ACTIA No. A07-0014
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SECTION II
PROJECT SPONSOR OBLIGATIONS:
1) Project Sponsor will implement the Project in accordance with this Agreement and
Attachment A: Project Description and Task Breakdown, Attachment B: TaskDeliverables
and Project Milestone Schedule, Attachment C: Task Budgets and Other Funding, Attachment
D: Project Contact'Information, Attachment E: Project Reporting Requirements, Attachment
F: Sample Project Progress Report Format, Attachment G: Contract Reporting Form, and
Attachment H: Sample Final Report Format which are hereby incorporated into this
Agreement. Project must be initiated within one year of the Grant Notice to Proceed Date, as
specified in Attachment A, and be completed in accordance with Attachment B.
2) Project Sponsor will implement the Project in a manner consistent with the project application
submitted by Project Sponsor to ACTIA. Said application is hereby incorporated into this
Agreement by reference.
3) Project Sponsor will complete the Project in accordance with the budget described in
Attachment C and the following conditions:
A. The ACTIA funding obligation under this Agreement is limited to the "Total ACTIA
Funds Awarded to Project" as specified in Attachment A. Any Project cost overruns are
the sole responsibility of the Project Sponsor.
B. In the event that the "Total Project Cost" is less than the amount listed on Attachment
A, ACTIA may reduce the "Total ACTIA Funds Awarded to Project." Any reduction in
ACTIA funding will maintain the percentage, listed on Attachment A, of "Total ACTIA
Funds Awarded" to "Total Project Cost." In the event the "Total ACTIA Funds
Awarded to Project" are reduced as provided in this paragraph, ACTIA may suspend
reimbursements for allowable Project costs in excess of the reduced amount of the
"Total ACTIA Funds Awarded to Project" until such time as an amendment to this
agreement is agreed upon.
C. Only those allowable Project costs incurred after the Grant Notice to Proceed Date, and
up to the completion or termination of the Project or the completion of the grant
funding period shown in Attachment B, whichever occurs first, are eligible to receive
ACTIA funds for reimbursement for expended Project costs.
D. Project Sponsor will contribute or expend those "Project Sponsor Matching Funds," if
any, as specified in Attachments A and C. In the event the specified "Project Sponsor
Matching Funds" are to be contributed by a third party, either identified by the Grant
Notice to Proceed Date or not yet identified, and the Project Sponsor does not receive
all such funds and does not arrange for an equivalent amount of replacement funds,
ACTIA reserves the right to terminate this Agreement in whole or in part, or renegotiate
the terms and conditions.
4) Project Sponsor must submit at least one invoice every six months to ACTIA for
reimbursement of eligible Project costs and expenses consistent with the schedule and budgets
contained in Attachments Band C, respectively, in a form provided by ACTIA or in an
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alternative form approved in writing in advance by ACTIA. Invoices will include a summary
sheet specifying the project number; time period for the invoice; itemized staff charges to the
Project, if any; itemized payments to vendors, consultants, or contractors and total funds being
requested for the invoice period. If Project Sponsor is requesting reimbursement for costs
incurred as a result of a contract or agreement with a third party, e.g. a consultant, contractor,
or other entity, Project Sponsor shall submit a copy of the fully executed contract or
agreement to ACTlA prior to ACTIA authorizing reimbursement of such costs. Each invoice
will also include detailed supporting documentation which will include accounting summaries
documenting hourly labor costs incurred in the implementation of the Project, copies of
mvoices from vendors, consultants, or contractors or an explanation of the goods or services
provided for the Project. Project Sponsor may establish an alternative method, subject to
approval in advance by ACTIA, to document staff costs charged to the Project.
Project Sponsor must submit the final invoice for payment with the Final Report as required
by Attachment E.
5) Project Sponsor will submit all reports set forth in Attachment E to ACTIA by the specified
due dates.
A. Project Progress Reports must be submitted every six months. These reports shall
include the current status of the Project, actions taken during the reporting period,
actions expected to be taken during the next reporting period, an updated schedule with
estimated completion date,"scope changes, project-related issues, any unexpected legal,
environmental or contractual difficulties, notices of potential claims, and any additional
relevant information requested by ACTIA. Project Progress Reports shall be submitted
in a format consistent with Attachment F: Sample Project Progress Report Format,
unless an alternate reporting format is requested by the Project Sponsor in writing and
approved in advance by ACTlA.
B. The employment of Small Local Business Enterprises (SLBE) and Local Business
Enterprises (LBE) by Project Sponsor as consultants. or contractors on the Project is
encouraged, but not required. SLBE and LBE reporting is required, in the report format
in Attachment G: Contract Reporting Form, when the Project is receiving $50,000 or
more in ACTIA funds and the ACTlA funds are used for a single consultant contract
with a value of more than $50,000. The Project Sponsor must also complete the contract
reporting form for all subconsultants, as detailed in Attachment G: Contract Reporting
Form.
C. Project Sponsor shall submit a Final Report/Final Invoice within 90 days of project
completion. The cover of the Final Report must be printed on Project Sponsor
letterhead. The Final Report must include a summary of the actual total project costs
including costs paid for with non-Measure B funding. The summary of actual total
project costs must include subtotals for each project phase. Supporting documentation
must include the following costs listed separately by phase:
Project costs related to Project Sponsor staff time; and
Project costs resulting from any contract with a total contract amount greater than
$5,000 (for contract amounts over $50,000 a Contracting Reporting Form is also
required) .
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ACTIA Bicycle/Pedestrian Countywide Discretionary Fund Program
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The Final Report shall also include a summary of project funding by fund source and by
phase. The amount of funding identified for each phase must correlate with the actual
total project costs for each phase. The Final Invoice must be printed on Project Sponsor
letterhead and submitted with the Final Report. Final Report shall be submitted in a
format consistent with Attachment H: Sample Final Report Format, unless an alternate
reporting format is requested by the Project Sponsor in writing and approved in advance
by ACTIA.
D. In the event that a Progress Report or the Final Report is not received in a timely
manner, ACTIA reserves the right to withhold payment of invoices until the appropriate
report is submitted to ACTIA.
6) Project Sponsor will keep all necessary Project records to document Project activities and
performance, including documentation of expenses and charges to support invoices submitted
to ACTIA and other Project reporting requirements as described in Attachments E, F and G.
Project Sponsor will allow ACTIA or its authorized representatives to inspect, audit, and make
copies of any Project records related to the performance of this Agreement. Project Sponsor
will keep Project records in one central location for a period of one (1) year after ACTIA's
final payment of an approved final invoice as required by Section II.4 above.
7) Project Sponsor will acknowledge ACTIA as a funding source and will use or display the
approved ACTIA logo so that it is visible to the public:
A. On any capital property purchased with ACTIA funds, or on construction sites where
ACTIA funds are used, where applicable and practical.
B. On any printed or electronic material associated with the Project that is distributed to the
public. Printed material includes Project-related schedules, brochures, handbooks, or
promotional material. Electronic material includes Project-related web sites, electric
signs, or e-mail broadcasts.
C. In any Project-related media events, articles, news releases or other publicity materials.
8) Project Sponsor will obtain all state, local and federal permits and approvals for work. Project
Sponsor will comply with all applicable state and federal laws and regulations.
9) Project Sponsor will require that all professional services consultants, contractors and
subcontractors involved with the Project name ACTIA, its officers, employees and consultants
as additional insureds on all insurance required by Project Sponsor for Project.
10) Project Sponsor will arrange for maintenance of the Project at no cost to ACTIA.
11) Project Sponsor will ensure that Alameda County citizens are informed about the Project by
doing the following:
A. Project Sponsor will promptly respond to information requests from ACTIA, the
Citizens Watchdog Committee (CWC), and the ACTIA Bicycle and Pedestrian Advisory
Committee (BP AC) as a means of informing the public of the benefits being derived
from the use of the Measure B funds,
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B. Project Sponsor will provide updated and accurate Project information on the Project
Sponsor's web site, or create one if none exists, and provide a link to ACTIA's web site,
in order to inform the public on how the Measure B funds are being used in the County.
e. Project Sponsor will publish, at least annually, an article either in the Project Sponsor's
newsletter or in ACTIA's newsletter, highlighting the Project.
12) Project Sponsor will, upon request from ACTIA, render a report or answer any and all
inquiries in regard to its receipt, compliance audit findings, and usage of its funds before
ACTIA's Governing Board, and the CWe.
13) Project Sponsor will place in the public domain any software, written document, intellectual
property, process, technique or product developed with ACTIA funds as part of the Project.
SECTION III
ACTIA OBLIGATIONS:
1) ACTIA will provide ACTIA funds not to exceed the "Total ACTIA Funds Awarded to
Project." ACTIA will make a good faith effort to provide all funds set forth in this
Agreement.
2) ACTIA will endeavor to pay undisputed amounts of approved invoices within thirty (30)
calendar days of receipt.
3) ACTIA will provide timely notice prior to conducting an audit.
4) ACTIA will provide a copy of its approved ACTIA logo.
SECTION IV
GENERAL PROVISIONS:
1) Term: This Agreement will remain in effect for twenty-eight (28) months after the Grant
Notice to Proceed date listed in Table B-2 in Attachment B, unless terminated as provided
below.
2) Termination: If the Project Sponsor materially breaches this Agreement, including but not
limited to failing to meet the schedule without compelling reason, failing to submit required
Progress Reports or deliverables in the time specified by this Agreement, or failing to comply
with applicable regulations, ACTIA shall notify Project Sponsor of such breach and provide
Project Sponsor with a reasonable opportunity to cure such breach. If, after receiving written
notice of breach, Project Sponsor fails to cure, or commence to cure said breach within the
time stated in the notice of breach, ACTIA may either terminate this Agreement or suspend
payments to the Project Sponsor until such time as the Project Sponsor makes reasonable
efforts to comply with this Agreement.
ACTIA may terminate this Agreement for default upon giving thirty (30) days written notice
(or such other reasonable period of time authorized in writing by ACTIA) of such default to
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Project Sponsor and Project Sponsor does not cure such default. ACTIA will reimburse
Project Sponsor for qualifying expenditures in full conformance with this Agreement made
until the effective date of the termination.
3) Indemnity: Project Sponsor will indemnify and hold harmless ACTIA, its members, officers,
employees, agents, representatives, consultants, contractors 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 related to or arising out of the Project, except to the
extent such claim, suit or action arises out of the sole negligence or willful misconduct of
ACTIA. This indemnification will survive expiration or termination of this 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 negligent act or
omission by ACTIA in the performance of its duties under this Agreement.
4) Notices: Any notice which may be required under this Agreement shall be in writing, shall be
effective when received, and shall be given by personal delivery service or first class mail, to
the addressees set forth in Attachment D, or to such addressees which may be specified in
writing by the parties.
5) Contacts: The persons listed as Contacts in Attachment D will be the first point of contact
and act as the liaisons between ACTIA and Project Sponsor with regards to the day-to-day
activities of the Project. All 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 the parties except as expressly set forth herein.
8) Amendment: Except as otherwise provided in this paragraph, this Agreement may not be
changed, modified, or rescinded except by a writing signed by the parties hereto. Any attempt
to modify this Agreement orally will be void and of no effect. The ACTIA and Project
Sponsor Contacts as specified in Attachment D may jointly authorize, in writing, any minor
schedule revisions, any task description, task deliverable and task budget revisions that do not
increase the "Total ACTIA Funds Awarded to Project" amount shown in Attachment A, or
changes to the Project scope of work. Any change in Project scope of work must be approved
by ACTIA prior to implementation of the change by the Project Sponsor.
9) Independent Contractor: Project Sponsor and any party contracting with it renders its service
under this Agreement as an independent contractor. None of the Project Sponsor's agents,
subcontractors or employees shall be construed as agents or employees of ACTIA. The legal
relationship of any person performing services for the Project Sponsor will be solely between
that person and the Project Sponsor. This paragraph does not apply to elected officials
serving concurrently on the governing boards of both the Project Sponsor and ACTIA.
10) Assignment: This Agreement may not be assigned, transferred, or subcontracted by any party
without the express written consent of the other party.
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11) Severability: Should any part of this Agreement be declared unlawful, invalid, or beyond the
authority of either party to enter into or carry out, such decision shall not affect the validity of
the remainder of this Agreement which shall continue in full force and effect; provided that,
the remainder of this Agreement can, absent the invalid portiones), reasonably be interpreted
to give effect to the intentions of the parties.
12) Effective Date: The effective date of this Agreement is the Grant Notice to Proceed date
listed in Table B-2 in Attachment B.
13) General Compliance with Laws: The performance of this Agreement and the expenditure of
ACTIA funds received under this Agreement will be in accordance with all applicable
provisions of local and state law.
14) Force Majeure: Neither ACTIA nor Project Sponsor shall be 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 determined in accordance with the laws of the State of California.
16) Binding on Successors: All of the terms, provisions and conditions of this Agreement will be
binding upon and inure to the benefit of the parties and their respective successors, assigns
and legal representatives.
17) Attorneys' fees: If any legal proceeding should be instituted by either of the parties to enforce
the terms of this Agreement or to determine the rights of the parties under this Agreement,
the prevailing party in said proceeding will recover, in addition to all court costs, reasonable
attorneys' fees.
BikePed-Cycle3-A0700 14-EBRPD-AlamoCanaITrail
Page 7 of 19
ACTIA Bicycle/Pedestrian Countywide Discretionary Fund Program
Cycle 3 Grant Funding Agreement
ACTIA No. A07-0014 of_?
r3 v ~4
IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly
authorized officers.
EAST BAY REGIONAL PARI<:. DISTRICT
(EBRPD)
ALAMEDA COUNTY
TRANSPORTATION IMPROVEMENT
AUTHORITY (ACTIA)
By:
By:
Henry Chang,]r.
ACTIA Chairperson
Pat O'Brien
General Manager
Recommended:
By:
Christine Monsen
ACTIA Executive Director
Approved as to form and legality:
Approved as to form and legality:
By:
By:
Wendel, Rosen, Black & Dean, LLP
Legal Counsel to ACTIA
Ted Radosevich
District Counsel
Reviewed as to Budget/Financial Controls:
By:
Anees Azad
ACTIA Finance and Administration
Manager
Attest:
By:
LaTonia Peoples-Stokes
Clerk of ACTIA
BikePed-Cycle3-A0700 14-EBRPD-AlamoCanaITrail
Page 8 of 19
ACTIA Bicycle/Pedestrian Countywide Discretionary Fund Program
Cycle 3 Grant Funding Agreement
ACTIA No. A07-00)1r~dt
ATTACHMENT A
PROJECT DESCRIPTION AND TASK BREAKDOWN
Project Sponsor:
Project Title:
East Bay Regional Park District
Alamo Canal Trail Undercrossing ofl-580 Project (PS&E)
ACTIA Project Number:
A07-0014
Grant Notice to Proceed Date:
July 1,2007
Total ACTIA Funds Awarded to Project: $ 235,000
Total Project Cost:
$ 335,000
Project Sponsor Matching Funds:
Amount
$ 100,000
Source
Local Funds
Percentage: Total ACTIA Funds Awarded to Project/Total Project Cost:
70.1 %
Project Description:
In general, the Project consists of preparing plans, specifications and estimates for the
Alamo Canal Trail undercrossing at I-580 as described in the project application submitted
by the Project Sponsor to ACTIA.
The Project site is located at the border of Dublin and Pleasanton. The ultimate facility will
provide an undercrossing of Interstate 580 and the BART tracks, thereby closing a 600-foot
gap in the existing Alamo Canal Trail, and creating a continuous 3.6 mile Class I bicycle and
pedestrian path.
Specifically, the Project will include a geotechnical investigation and report, a hydraulics
report, Caltrans mapping, civil design of trail, structural design, agency coordination,
construction permitting, resource permitting and contract management of the consultants
performing the project.
The EBRPD will work with the Cities of Dublin and Pleasanton as well as Caltrans, BART,
Zone 7 Water Agency, and the Hacienda Business Park Association in developing this
project; and will strive to develop a final design that is mutually agreeable to all parties.
The Measure B funds authorized by this funding agreement are earmarked for the design
costs.
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Page 9 of 19
ACTIA Bicycle/Pedestrian Countywide Discretionary Fund Program
Cycle 3 Grant Funding Agreement
ACTIA No. A07-0014/~q;.pJ). t.
Attachment A (cant.) /1'1
(/,
Project Task Breakdown: Table A-1 below shows the breakdown of tasks that represent
the basis of the commitment of Measure B funds to the Project. Attachments Band C
include additional information at the task level, such as descriptions of deliverables for the
tasks listed in Table A-1, due dates for those deliverables, and not-to-exceed amounts of
Measure B funding for each task. ACTIA will not approve any reimbursements of Measure
B funds for any task until all prerequisite tasks indicated in Table A-1 for that task are
complete and all deliverables shown in Table B-1 in Attachment B for each of the applicable
prerequisite tasks are received by ACTIA.
Table A-i: Project Task Breakdown
Task
No. Phase
1 PS&E
2 PS&E
3 PS&E
4 Closeout
Task Description
Administer consultant contract - Agency staff costs
Prerequisite
Task NO.8
(from
Table A-i)
None
Prepare interim (e.g. 65%) PS&E package
Prepare Final PS&E package
None
2
Project Closeout
1,2, & 3
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ACTIA Bicycle/Pedestrian Countywide Discretionary Fund Program
Cycle 3 Grant Funding Agreement .
ACTlA No. A07-0n4~;;Z1
Project Sponsor:
Project Title:
East Bay Regional Park District
Alamo Canal Trail Undercrossing ofI-580 Project (PS&E)
Project Task Deliverables and Due Dates: Table B-1 below shows deliverables, if any,
for the tasks listed in Table A-1 in Attachment A. Table B-1 also shows the due date for each
deliverable.
Table B-1: Task Deliverables and Due Dates
Task No. Deliverable
(from Due to ACTIA
Table A-1) Deliverable (Date)
1 Copy of RFP for consultant design services August 30, 2007
1 Copy of executed consultant contract October 31, 2007
1 None NA
2 Copy of interim (e.g. 65%) PS&E package June 30, 2008
3 Copy of Final PS&E package September 30, 2008
4 Final Report/Final Invoice December 31, 2008
4 Presentation to BP AC January 31, 2009
Notes:
1. Project Sponsor shall provide ACTIA with not less than ten (10) days advance notice of any public meetings
or events related to implementation of this grant.
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Page 11 of 19
ACTIA Bicycle/Pedestrian Countywide Discretionary Fund Program
Cycle 3 Grant Funding Agreement
ACTIA No. A07-0014
Attachment B (cont.)
)7 a;t JA
Project Milestone Schedule:
Table B-2 below shows a milestone schedule for the Project.
Table B-2: Project Milestone Schedule
Project Milestone Date
ACTIA Grant Awarded March 22, 2007
Grant Notice to Proceed July 1,2007
Begin Environmental Studies February 2006
Complete Feasibility Study November 2006
Environmental Approval (CEQA) December 2006
Environmental Approval (NEP A) NA
Begin'Detailed Design (PS&E) October 31, 2007
Complete Detailed Design (Final PS&E) September 30, 2008
Submit Final Invoice/Project Closeout December 31, 2008
Grant Funding Period Complete June 30, 2009
Grant Funding Agreement Expires October 31, 2009
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Page 12 of 19
ACTIA Bicycle/Pedestrian Countywide Discretionary Fund Program
Cycle 3 Grant Funding Agreement '
ACTIA No. A07-0014
RJ~~
ATTACHMENT C
TASK BUDGETS AND OTHER FUNDING
Project Sponsor:
Project Title:
East Bay Regional Park District
Alamo Canal Trail Undercrossing ofI-580 Project (PS&E)
Task Budgets and Other Funding: Table C-1 below shows the not-to-exceed amounts of
Measure B funds for each task listed in Table A-1 in Attachment A. Table C-1 also shows the other
funding to be provided by the Project Sponsor for each task. The Measure B not-to-exceed amount
added to the other funding amount for each task establishes the Total Task Budget shown in Table
C-1. The sum of the Measure B not-to-exceed amounts for all tasks shall not exceed the Total
ACTIA Funds Awarded to Project amount shown in Attachment A.
Table C-1: Task Budgets and Funding
Amount of
Measure B Other Funding Total
Task No. Not-To-Exceed Provided by Task
(from Table A-1) Amount (Note 1) Project Sponsor Budget
1 $ o (Note 2) $ 20,000 (Note 2) $ 20,000 (Note 2)
2 $ 185,000 $ 80,000 $ 265,000
3 $ 25,000 $ 0 $ 25,000
4 $ 25;000 (Note 3) (Note 3) $ 25,000
Totals $ 235,000 $ 100,000 $ 335,000
Notes:
l. The Measure B funding for each task ;hall reimburse eligible costs in the same proportion indicated for the
applicable task in Table C-l, i.e. the proportion of Measure B Not to Exceed Amount to Total Task Budget.
2. No Measure B funds are earmarked for this task; however the task is a prerequisite as shown in Table A-l.
3. The Measure B funds shown for the Project Closeout task will be released upon receipt of the deliverable.
The Measure B amount assigned to the Project Closeout task is assumed to be withheld from Measure B
amounts from Task 3.
BikePed-Cycle3-A0700 14-EBRPD-AlamoCanaITrail
Page 13 of 19
ACTIA Bicycle/Pedestrian Countywide Discretionary Fund Program
Cycle 3 Grant Funding Agreement
ACTIA No. A07-0014
n ~,?q
ATTACHMENT D
PROJECT CONTACT INFORMATION
Project Sponsor:
Project Title:
East Bay Regional Park District
Alamo Canal Trail Undercrossing ofI-580 Project (PS&E)
Project Sponsor Contact:
Jeff Rasmussen
Grants Manager
P.O. Box 5381
2950 Peralta Oaks Court
Oakland, CA 94605
Tel (510) 544-2204
Fax (510)
Email jrasmussen@ebparks.org
ACTIA Contact:
Tess Lengyel
ACTIA Programs and Public Affairs Manager
1333 Broadway, Suite 300
Oaldand, CA 94612
Tel (510) 267-6111
Fax (510) 893-6489
Email TLengyel@actia2022.com
BikePed-Cycle3-A070014-EBRPD-AlamoCanaITrail
Page 14 of 19
ACTIA Bicycle/Pedestrian Countywide Discretionary Fund Program
Cycle 3 Grant Funding Agreement
ACTIA No. A07-0014
~1)~~4
ATTACHMENT E
PROJECT REPORTING REQUIREMENTS
Project Reporting Requirements: Table E-1 below shows the reporting requirements for the
Project including the Project Progress Reports, Final Report and the Final Invoice. Unless Project
Sponsor is otherwise advised by ACTIA in writing, reports are due to ACTIA by the dates indicated
in Table E-1.
Table E-l: Project Reporting Due Dates
Report Reporting Period Report Due to ACTIA
Project Progress Report No.1 July 1 - December 31, 2007 January 31, 2008
Project Progress Report No.2 January 1 - June 30, 2008 July 31, 2008
Project Progress Report No.3 July 1 - December 31, 2008 January 31, 2009
Project Progress Report No.4 January 1 - June 30, 2009 July 31, 2009
Final Report N/A September 30, 2009 or Ninety
(90) days after Project
Completion, whichever is
earlier
Final Invoice N/A Due with Final Report
BikePed-Cycle3-A070014-EBRPD-AlamoCanaITrail
Page 15 of 19
ACTIA Bicycle/Pedestrian Countywide Discretionary Fund Program
Cycle 3 Grant Funding Agreement
ACTIA No. A07-0014
J2)~d4
ATTACHMENT F
SAMPLE PROJECT PROGRESS REPORT FORMAT
Project Progress Report No. (From Attachment B)
Reporting Period (From Attachment B)
PROJECT SPONSOR:
PROJECT TITLE:
STATUS
ACTIONS (In this Reporting Period)
ANTICIPATED ACTIONS (In Next Reporting Period)
SCHEDULE CHANGES
D The project remains on schedule, as shown in Attachment B of the Agreement.
D The project schedule has been revised and a Grant Amendment Request to reflect the proposed
changes is attached for review and approval.
SCOPE CHANGES
D The project description is unchanged, and is the same as shown in Attachment A of the
Agreement.
D The scope of the project has been modified and a Grant Amendment Request to reflect the
proposed changes is attached for review and approval.
BUDGET
D The Task Budgets, as shown in Attachment C of the Agreement, are essentially unchanged.
D Changes are proposed to the Task Budgets. A Grant Amendment Request to reflect the
proposed changes is attached for review and approval.
EXPENDITURES
D An invoice is included with this Progress Report.
D No invoice is included. The last invoice was submitted on: (enter date)
BikePed-Cycle3-A070014-EBRPD-AlamoCanaITrail
Page 16 of 19
ACTIA Bicycle/Pedestrian Countywide Discretionary Fund Program
Cycle 3 Grant Funding Agreement
ACTIA No. A07-0014
Attachment F (con~ ~dL1
GENERAL
D At this time we anticipate no problems on the project.
D We anticipate problems in the following area(s) and would appreciate any assistance you could
offer: (enter description of af!) areas of concern and type of assistance requested here)
D We anticipate problems in the following area(s) but do not feel we need your assistance at this
time: (enter description of af!) areas of concern here)
PUBLICITY
D Updated and accurate project information is included, with a link to ACTIA's web site, at the
following web address: (enter web address here)
D An article which highlighted this Project was published on the following date(s) in the
publication(s) listed: (enter dates and the names of af!) publications here)
SIGNALS
D Signal modifications are not part of the Project.
D Signal modifications are part of the Project.
Considered Included
D
D
D
D
D
D
(please check the appropriate box)
Audible Pedestrian Signals
Adjustable Pedestrian Timing
Emergency Vehicle Pre-Emption
CONTRACT REPORTING
D Form attached (required for Project Progress Report No.'s 2 and 4).
D Form not required (project Progress Reports No.'s 1 and 3).
BikePed-Cycle3-A070014-EBRPD-AlamoCanaITrail
Page 17 of 19
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ACTIA Bicycle/Pedestrian Countywide Discretionary Fund Program
Cycle 3 Grant Funding Agreement
ACTIA No. A07-'-"44 oJ ;1.'1
ATTACHMENT H
SAMPLE FINAL REPORT FORMAT
(project Sponsors can download current Final Report Template in MS Word format from ACTIA website or
contact ACTL4 for a copy of the file.)
PROJECT SPONSOR:
PROJECT TITLE:
ACTIA PROJECT No:
TOTAL ACTIA FUNDS AWARDED TO PROJECT: $
FINAL MEASURE B AMOUNT EXPENDED: $
TOTAL PROJECT COST (all fund sources): $
COMPLETION / ACCEPTANCE DATE:
FINAL PROJECT DESCRIPTION:
(provide a brief description of services provided, improvements constructed and/ or implemented in accordance with this grant
funding agreement.)
SUMMARY OF PROJECT DELIVERY MILESTONES:
(provide a brief description of actions taken and milestones reached to deliver the project.)
SUMMARY OF PROJECT BENEFITS:
(provide a brief description of pro/ect benefits.)
FINAL INVOICE:
(Submit a Request Jor ACTLA Grant Reimbursement Request Jorm with the word "Final" added to the Billing No. and
a summary of the total costs and Measure B costs segregated f:y phase attached in addition to the supporting documentation
required Jor a'?)' amount of reimbursement requested on the final invoice. Include a second summary showing the sourCeS
and amounts f:y phase of the other funds used to cover the difference in costs between the total costs and Measure B costs.)
BikePed-Cycle3-A070014-EBRPD-AlamoCanaITrail
Page 19 of 19