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Home My WebLink AboutItem 7.1 AlamoCanalTrailUndercr CITY CLERK File # DrDlOJC-ffirJ AGENDA STATEMENT CITY COUNCIL MEETING DATE: October 4,2005 SUBJECT: Approve Cooperative Agreement with the East Bay Regional Park District and the City of Pleasanton Regarding Funding for the Feasibility Study of the Alamo Canal Trail Undercrossing at Interstate Highway 580 Report Prepared by: Melissa Morton, Public Works Director ATTACHMENTS: Resolution approving the Agreement, together with Exhibit "A," Agreement RECOMMENDATIV 1) ~ 2) Adopt the Resolution approving the Cooperative Agreement with the East Bay Regional Park District (EBRPD) and the City of Pleasant on, and Authorize the City Manager to execute the Agreement. FINANCIAL STATEMENT: As stated in the Agreement, the City of Dublin will contribute $25,000 toward the preparation of a feasibility study for construction of the Alamo Canal Trail Undercrossing at 1-580. The City's contribution has already been approved by the City Council. DESCRIPTION: On April 5, 2005, the City Council approved a $25,000 contribution for an engineering study to determine the feasibility of constructing a segment of trail underneath the 1-580 freeway. This segment would connect the Alamo Canal Trail in Dublin with the Pleasanton trail south of the freeway. EBRPD, in partnership with Dublin and Pleasanton, was awarded $50,000 by the Alameda County Transportation Improvement Authority to conduct the study. Pleasanton is also contributing $25,000 toward preparation of the study. EBRPD has agreed to administer and manage implementation of the study, which is estimated to cost $100,000. The study will evaluate engineering design, construction, hydrologic and hydraulic issues for the trail segment underneath 1-580, along with any potential environmental impacts within the trail alignment. As stated in the Agreement, Dublin will review and comment on the engineering study and process EBRPD's reimbursement request for actual expenses up to, but not to exceed, $25,000. Staff recommends that the City Council adopt the resolution approving the Cooperative Agreement with the East Bay Regional Park District and the City of Pleasanton, and authorize the City Manager to execute the Agreement. _______~_____________________________M____.P________________M_ COPIES TO: EBRPD, City of Pleasanton \Db\ ITEM NO. 7r 1 G:\MISCPROJ\AJamo Canal Trail under 1-580\agst_Approval of Coop Agmt w RRRPD & Pleas.doc /ðh,q RESOLUTION NO. - 05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING COOPERATIVE AGREEMENT BETWEEN EAST BAY REGIONAL PARK DISTRICT, CITY OF DUBLIN AND CITY OF PLEASANTON REGARDING FUNDING FOR THE FEASIBILITY STUDY OF 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 feasibility study for the construction of the Alamo Canal Trail Undercrossing at Interstate Highway 580; and WHEREAS, on April 5, 2005, the City Council of the City of Dublin approved the contribution of $25,000 towards preparation of said study; and WHEREAS, the East Bay Regional Park District was awarded $50,000 by the Alameda County Transportation Improvement Authority to conduct the study and the City of Pleasanton is also contributing $25,000 for preparation ofthe study; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin approves the Cooperative Agreement between the East Bay Regional Park District, the City of Dublin and the City of Pleasanton regarding funding for the feasibility study of 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 4th day of October, 2005. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk g:\mi!:icprúj\AIã.tt1û Canal Trai1.Under I·580\Rcso HI:JRPD agreement ID-t./-D S" rr!:/tI 7, I ATTAunT I. 2DÒlQ COOPERA TrVE FUNDING AGREEMENT AMONG THE EAST BAY REGIONAL PARK DISTRlCT, TIIECITY OF DUBLIN AND THE CITY OF PLEASANTON: . FUNDING FOR THE FEASIBILITY STIJDY OF ALAMO CANAL TRAll. UNDERCROSSThfG AT INTERSTATE IDGHWAY 580 This Cooperative Funding Agreement, hereinafter referred to as "AGREEMENT", made and entered into on the ~ day of Or. roBSR. 2005, by and among the East Bay Regional Park District, hereinafter referred to as "EBRPD"; the City of Dublin. hereinafter referred to as "DUBLThf", and the City of Pleasanton, hereinafter referred to as "PLEASANTON". WITNESSETII WHEREAS, EBRPD has been awarded a $50,000 grant No.A5"0033 Exhibit A attached hereto, hereinafter referred to as the "GRANT" from the Alameda County Transportation Improvement Authority, hereinafter referred to as "ACTIA" to conduct an engineering and environmental feasibility study of the Alamo Canal Trail Undererossing a~ Interstate, Highway 580 betwee'1. DUBLIN and PLEASANTON, hereinafter referred to as the "PROJECT"; and . WHEREAS, DUBLIN has appropriated $25,000 for the PROJECT, Council Resolution File· #1060-90; and WHEREAS, PLEASANTON has appropriated $25,000 for the PROJECT, City of P1easanton City Council Staff Report SR:04: 155; and WHEREAS, EBRPD is willing to administer and manage implementation of the PROJECT; and WHEREAS, DUBLIN, PLEASANTON and EBRPD mnttially desire to cooperate in completing the PROJECT and to specify herein the terms and conditions nnder which said PROJECT will be implemented. NOW, TIIEREFORE, it is mutually agreed as follows: SECTION I DUBLIN AGREES: (1) To review and comment on draft PROJECT ¡md to review and approve [mal PROJECT produced by EBRPD in a timely manner. Failure to respond within 60 days of receipt of the PROJECT shall be deemed approval of the PROJECT. (2) To process EBRPD's reimbursement request for actual expenses up to, but not to exceed, $25,000 for completion of the PROJECT, within 30 days of receipt of a cost summary and an invoice from the EBRPD. . (3) To have a DUB UN representative in attendance at all public meetings. SECTION II PLEASANTON AGREES: (1) To review and comment on draft PROJECT and to review and approve final PROJECT produced by EBRPD in a timely manner. Failure to respond within 60 days of receipt of the PROJECT shall be deemed approval of the PROJECT. 1 mIBlT L to 1::Áe. 7( t!..:5o/ uÍ i [) r¡ · ~! 3(5)-.,/0 \..::-! (2) To process EBRPD's reimbursement request for actual expenses up to, but not to exceed, $25,000 for completion of the PROJECT, within 30 days of receipt of a cost summary and an invoice from the EBRPD. (3) To have a PLEASANTON representative in attendance at all public meetings. SECTION III EBRPD AGREES: (1) To 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, conducting public meetings, final acceptance and ilissemination of work products. (2) To submit to DUBUN and PLEASA TON copies of draft PROJECT for their review and conunent and to submit final PROJECT for review and approval by DUBLIN and PLEASANTON before EBRPD distributes thermal PROJECT. (3) To prepare a summary of PROJECT expenses at the completion of the PROJECT and to submit this summary and an invoice to DUBUN for up to, but not to exceed, $25,000 and PLEASANTON for up to, but not to exceed, $25,000 for actual expenses incurred. (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 scope of work and cost estimates for PROJECT included, as well as any changes to the scope of work and/or cost estimates as soon as they are available. SECTION IV IT IS MUTUALLY AGREED AS FOLLOWS: (I) 111Ìs 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, ACTlA shall make all final and binding decisions regarding the PROJECT. (3)· EBRPD agrees to indemnify and holdharmiess 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 attomeys' 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 pelformed 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. 2 I> ~,1 YDblq (6) Notices regarding this AdREEMENT 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 from April 28,2005 through completion of the project, unJess 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 rrffected or impaired thereby. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed by their respective officers, duly autborized as of the day, month, and year first hereinabove written. CITY OF DUBLIN By Richard Ambrose, City Manager Approved as to form: Approved as to form: ~~c~Q By Elizabeth Silver, City Attorney CITY OF PLEASANTON By Nelson Fialho, City Manager Approved as to form: By Michael Rousb, City Attorney 3 ':!~ EXHIBIT "A" 5ðÖ/Cf .~ " ACTIA iìf:"Ä05:;~jf'T"""'"C~-~'~' J r'w~--L.';:':'~":r/;.~~' V r~¿,h'~~M~ , FUNDING AGREEMENT Ii",,, j BETWEEN .?~: '::,,~~ I'"~ .i [) ?UOfj } THE ALAMEDA COUNTY TRANSPORT A TJON IMPROVEMENT AUTr/oiun::" ! A ND ~.,.~~ tm~:::~~:.:~'.:":'· ~ .x"i.~:~0Z:~~.¡;::~:y;::'~;.:'.:',~" THE EAST BAY REGIONAL PARK DISTR1'CT ~ ~-¡~..:(" ;...... t.~ < ~·~,·,·.·.,.,..."...wu~~...~..,. for the ,¡ 1"-...._';0,,..;..,',';',:,';'\""·"'·'1 i Bicycle and Pedestrian Countywide Discretionary Funds lAVe:. ,'; :!(nJ:; , ¡ for _..,_."."........__.._..__J ¡ ¡\1AN,~~Gf··\/~~·:~id'f ,:~;:;qVt·.~~:8 ~ ALAMO CANAL TRAIL UNDERCROSSING OF 1-580 FEASIBILI \' STUriVc.'c,.;;~'''';,::'~~' ~ ~. .". This A!,>reement is made and entered into between the East Bay Regional Park District, hereinafter referred to as "Project Sponsor," and the Alameda County Transportation Improvement Authority, hereinafter referred to as "ACTIA," on April 28, 2005. ~¡ if SECTION I ~~ ,t , .~~ ~i ~ RECITALS; 'j' , ~ " 1) The voters of Alameda County, pursuant to the provisions of the Local Transportation Authority and Improvement Act, California Puhlic Uti1ities 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 I , 2002, with said tax to terminate/expire on March 31, 2022. 2) Thi$ funding agreement is made in furtherance and in compliance with the Local Transportation Authority and Improvement Act (California Public Utilities Code section 180000 el seq.). Measure B Sal~s Tax Funds spent pursuant to thi$ funding agreement will not replace funds previously provided by property tax revenue$ for public transportation services. s: , " ~,. ~ , .~. t' 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 and safety in Alameda County. NOW, THEREFORE, the parties agree as follows: SECTION II PROJECT SPONSOR OBLIGATIONS; ,~ " \.¡ ]) Project Sponsor will implement the Project in accordance with this Agreement and Attachment A, Pmject Specific lnfonnation; Attachment B, Proje<..'t Description; and Attachm<..'T1t C, Project Performance Monitoring, which are hereby incorporated into thi$ Agreement. Project must be initiated within one year of the ACTlA Award Date, as specified in Attachment A, and be completed within two' years ofthe ACTIA A ward Date. ~~-~,~~._, F:\Administrutive;ACTIA\Agrcxmcnt5\Agrccrncnt~\Bìkc &. PC'C.r:stri~")\Cyck 2_ BP _yrantsl.A05 _0033 ASlrc:emcnt...Alarnu Canal Trail Ul1dc...,.crossìn~EBRPD.doc mIBlT fl. '£'0 -&he ItGr~ENT ,~, " '0· jf (prJO I q 4 " ~: ],' " ACTIA Bike/Ped Countywide Discretionary Fund Grant Agreement ACTIA #: A05-0033 Sponsor: East Bay Regional Park District ;,; 2) Project Sponsor will complete the Project in accordance with thc budget described in Attachment A and the following conditions: " / ;; \ , ~< i )! ,\~ ~) " " 3) }' " " " i' A. The ACTIA funding obligation undcr this Agrecmcnt 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." C. Only those allowable Project costs incurred after the ACTIA Award Date, and up to the completion or termination of the Project or thc expiration of this Agreement, 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 Attachment A In the event the specified "Project Sponsor Matching Funds" are to be contributed by a third party, either identified by the ACTIA Award Date or not yet identified, and the Project Sponsor does not receive all such funds, ACTIA reserves thc right to terminate this Agreement in whole or in part, Or renegotiate the terms and conditions. Project Sponsor will submit invoices to ACTIA for reimbursement of eligible Project costs and expenses consistent with the budget and schedule contained in Attachments A and B, respectively, in a form acceptable to 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. 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 invoices uom 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 no later than ninety (90) days after the submission of the Final Report as required by Attachment C. 4) Project Sponsor will submit all reports set forth in Attachment C to ACTIA by the specified due dates. A. Progress Reports must be submitted every six months. These reports shall describe the current status of the Project, actions taken and eligible costs expended or incurred 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 1egal, environmental, engineering or construction difficulties, notices ofpotentiaJ claims, and any additional relevant information requested by ACTIA. The Project Progress Report in Attachment C: Exhibit A shall -~~-~ F;\Administratìvc\ACTlA \A.gr~111cnts\Agrccmcnts\Bìkc & Pcdcstrian\Cycle 2,. BP ~grB.nts\AOS _ 0033 _ Agrecment',.Alamo Canal n'ail Ulldcrcrossing~EBRPD.doc Page 2 of 15 ( ., t " ¡I) " .' ,j:'. ? r .' 'f , , '> " :ì: ;/ ~.! ", <j, ~< :, >: > " :;: , ,~. 7) ,¡ 8) 7Dö'C1 ACTIA Bike/Ped Countywidc Discretionary Fund Grant Agreement ACTIA #: A05-0033 Sponsor: East Bay Re{lonal Park District be the format used for reporting, unless an alternate reporting format is requested by the Project Sponsor and approved in advance by ACTlA. B. The employment of Small Local Business Enterprises (SLBE) and Local Business Enterprises (LBE) is encouraged, but not required. SLBE and LBE reporting is required, in the report format in Attachment C: Exhibit B, when thc Project is receiving $25,000 or more in ACTIA funds and the ACTlA funds are used for a single consultant contract with a value of more than $25,000. The Project Sponsor must also complete the SLBE and LBE reporting form for all subconsultants, as detailed in Attachment C: Exhibit B. C. In the event that a Progress Report or the Final Report is not received, ACTIA reserves the right to withhold payment of invoices until the appropriate report is submitted to ACTIA. 5) 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 ACTlA and other Project reporting requirements as described in Attachment C. Project Sponsor wilJ allow ACTIA or its authorized representatives to inspect, audit, and makc copics 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 lL3 above. 6) 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 ACTlA funds are used, where applicable and practical. B. On any printcd or eJectronic 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 Projcct relatcd wcb sites, electric signs, or e-mail broadcasts. C. In any Project related media events, articles, news releases or other publicity materials. Project Sponsor will obtain all state, local and federal permits and .approvals for work. Project Sponsor will comply with all appJicable state and federal laws and regulations_ Project Sponsor will require that professional services consultants, contractors and subcontractors name ACT/A, its officers, employees and consultants as additional insurcd on all insurance required by Project Sponsor for Project. 9) Project Sponsor will arrange for maintenance ofthe Project at no cost to ACTlA. 10) Project Sponsor will ensure that Alameda County citizens are informed about the Project by doing the following: F:\Administrntive\ACTlA \AgrcemcnIs\Agreelncnts\Bikc & Pcdestrian\Cyclc 2_BP J.II.nt.~\.A05 _ 0033_ Agreelnenl._ AJnjno Ü1nal Trail Undcrcrm¡sing_ EBRPD.doc Page 3 of 15 '~ '866IC) v ACTIA BikelPed Countywide Discretionary Fund Grant Agreement ACTIA #: A05-0033 Sponsor: East Bay Regional Park District A. Project Sponsor will prompt1y respond to information requests from ACTIA, ACTIA's Bicycle and Pedestrian Advisory Committee (BP AC) and the Citizens Watchdog Committee (CWC), as a means of informing the public of the benefits being derived from the use ofthe Measure B funds_ B. Project Sponsor will provide updated and accurate Project information on the Project Sponsor's website, or create one if none exists, and provide a link to ACTIA's website, in order to inform the public on how the Measure B funds are being used in the County. C. Project Sponsor will publish, at least annually, an article either in the Project Sponsor's newsletter or in ACTIA's quarterly newsletter, highlighting the Project. I I) Proj ect Sponsor will, upon request fi-om 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, the CWC and the BPAe. t ,:: ;~ '\ "¡i ~:. ( "~ ~" , " :';' 12) 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 ,t -; I) ACTIA will provide ACTIA funds not to exceed the "Total ACTIA Funds Awarded to Project," as listed in Attachment A. 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. " ;:¡¡ ~ ¡ , " j SECTION IV i GENERAL PROVISIONS: 1) Term: This Agreement will remain in effect for thirty (30) months after the ACTIA Board awards the grant, unless terminated as provided below. 2) Termination: If the Project Sponsor materially hreaches this Agreement, including but not limited to failing to meet the schedule without compeJling reason, failing to file required Progress Reports in the time specified by this Agreement, or failing to comply with applicable regulations, ACTIA may either terminate this A¡"'Tecment or suspend payments to the Project Sponsor until such time as the Sponsor makes reasonable efforts to comply with this A¡"'Teement. f:\AdministT'ati....e\ACTIA \Agrce.ments\Agretr"JTIcnt!õ\Bike & P~dcstrian\CycJf; 2_ BP ~ralH:<,\A.05__0033_ Agr~eri1ent_Aamo Canal Trail Undcrcro55inLEBRPD.duo Page 4 of 15 I " , , qòò'C¡ '~. " , ,~: ACTIA Bike/Ped Countywide Discretionary Fund Grant Agreement ACTlA #: A05"0033 Sponsor: East Bay Re¡¡ional Park District ACTIA may terminate this Agrcem.ent tor default upon giving ten (10) days written notice (or such other period oftimC authorized in writing by ACTIA) of such default to Project Sponsor and Project Sponsor does not cure such default. ACTlA will reimburse Project Sponsor for qualifying expenditures in full confonnance with this Agreement made until the effective date of the tennination" "i 1:'1 , 3) Indemnity: Project Sponsor will indemnify and hold hannless ACTIA, its officers, employees, agents, representatives, consultants, 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 in the perfonnance of this Agreement, 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 tennination 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 reccived, and shall be given by personal delivery service or first class mail, to the addressees set forth in Attachment A, or to such addressees which may be specified in writing by the parties. 5) Contacts: The persons listed as Contacts in Attachment A will be the first point of contact and act as the liaisons bctween ACTlA 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. ;' ¡:.,' J ., ~i ., , " ,~ )) ::; .. ~ ¡: ",; 6) Project Number: All correspondence shall reference the "ACTIA Project Number" specified in Attachment A. 7) Integration: This Agreement represents the entire ab""eement 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 ofthe parties except as expressly set forth herein. f ,. i" :,' ~,) :':' '.)' ~~ ;t 8) Amendment: This Agreement may not be changed, modified, or rescinded except in writing and 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 A may jointly authorize, in writing, any minor schedule revisions, "ACTlA Line Item Project Budget" revisions, or changes to the Project scope of work. Any other amendments to this Agreement must be executed in writing by the signatories to this Agreement. 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 ACTlA. The legal relationship of any person perfonning services for the Project Sponsor wi1l be solely between that person and the Project Sponsor. This paragraph does not apply to F:\Administratí vc\ACTJA \Agn..-cmcnls\Agrçcmcnls\Bíkc & PCdc5tri.an \Cyclc 2~BP _.gra11[s"A05 ))033 ~Agreement~Alamo Canal Trail Un.dercro¡;f;.îng~EBRPD.doc Page 5 of 15 '.~ I06ò,Q t; / ACTIA Bike/Ped Countywide Discretionary Fund Grant Agreement ACTIA #: A05-0033 Sponsor: East Bay Re~ional Park District elected officials serving concurrently On the governing boards of both the Project Sponsor and ACTIA. " " f :1; ~,. 10) Assignment: This Agreement may not be assigned, transferred, or subcontracted by any party without the express written consent of the other party. 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 ofthe remainder ofthis Agreement which shall continue in full force and effect; provided that, the remainder of this Agreement can, absent the invalid portion(s), reasonably be interpreted to give effect to the intentions of the parties. 12) Effective Date: The effective date of this Agreement is the date the ACTIA Board approves the grant award. 13) General Compliance with Laws: The performance of this Agreement and the expenditurc of ACTIA funds received under this Agreement will be in accordance with all applicable provisions of local and state law. 14) Force Majeure: Neither ACT1A nor Project Sponsor shall bc 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, civiJ 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 detennined 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: Ifany 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. ;.; !:! i', .'1: ,:. j. ) ,.:.' , , } i~ {: ~ '" ~. . , .' ., ., , , :~ ;~. , ,:: ,. ;-: ~' '. ~; ~. , F:\Administrmive.\ACTIA \Agrcemt-'f1ts\Agrecmenlg\Bikc & Pcdcstrian\Cyclc 2_ BP ~nmt~\A05 _ 0033 ~ Agi'cctnent...,Alamo Canal Trail Undl.¡çTQ!¡sing_ EBRPD.doc Page 6 of 15 1 f ~. ¡ "(;: ,~ :i IltfÓ/4 ACTIA Bike/Ped Countywide Discretionary Fund Grant Agreement ACTIA #: A05-0033 Sponsor: East Bay Re¡;onal Park District î ;., , IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized officers. ACTIA will make a good faith etTort to provide all funds set fDrth in this AGREEMENT. i ;) EAST BAY REGIONAL PARK DISTRICT B'C51ø~ Pat O'Brien, General Manager ALAMEDA COUNTY TRANSPORTATION IMPROVEMENT AUTHORITY (ACTIA) ',,' By: -- ~ " ~ ) " , , (': Rccommended: ByJJøfC (t- Christine Monsen, Executive Director ¡ " ::J!lCi'llM tLf) , Ted Radosevich District Counsel Approved as tg Legli Fonn: ('-'\ )7 By: ( ¿ ¿¡W~,-,··- I Wendel, Rosen, Black & Dean LLP ACTIA Counsel '.< "',' , " .:~ Attest: " 7, 3'þ~- '¿i 1 ,~ F;\AdmiJ\is[nuivc\ACTIA\Agrecmcl1t~\Agre'Cl11cnts\Bikc & Pcdcstri¡rJ1\CyçJ~ 2_BP -Bti:l.!1(s\A05 ~ 0033 _,Agreemcn.t_Alamo Can~1 Truil Undor"",,,inKEBRPD.doo Page 7 of IS ¡ ~, y 6; 120-' ,q YJ ,~ r ACTIA Bike/Ped Countywide Discretionary Fund Grant Agreement ACTIA #: A05-0033 Sponsor: East Bay Re2ional Park District ·f ¡ j: :)' ATTACHMENT A PROJECT SPECIFIC INFORMATION '" ,,' ); 'I, Project Sponsor: Project Name: East Bay Regional Park District Alamo Canal Trail Undercrossing ofI-580 Feasibility Study " .t <, (~ . ~' ACTlA Project Number: A05-0033 ACTlA Award Date: April 28, 2005 Total AC.TIA Funds Awarded to Project: $50,000 total Project Cost: $100,000 ProJect Sponsor Matching Funds: Amount Source $25,000 City of Pleasant on (General Fund) $25,000 City of Dublin (Measure B Local Bike & Ped Funds) Percentage Total ACTIA Funds Awarded to Project/Total Project Cost: 50% Total Line Item Project Budget: Item Consultant (Feasibility Study) Amount $90,000 ; '" :t :~. ~ r <' J,:: ,,' ;.: ~:; ", "(" ¿< t; EBRPD Staff: Projcct Management and Communitv Outreach $10,000 Soul"ce(s) ACTIA Countywide funds City of Pleasant on Citv of Dublin City of Pleasanton City of Dublin .~. ~; .' Total $100,000 }, ~) 8 i. ~ .,., F ;i~ --. F:\Administrativc:\ACTJA \Ag~11lent!j\Agn;:cment.r,¡\,Bikc & Ped~lriali\Cyç1c 2 _AP .....,grant!Ò\A05 _ 0033 _ Agreem~l_ Altll1'l.n Canal Trail U"dercro"ing,.,£BRPD.doc rage 8 of 15 j /3 ~'1 ~, ,. ACTIA BikclPed Countywide Discretionary Fund Grant Agreement ACTIA #: A05~0033 Sponsor: East Bay Re~ional Park District / Project Sponsor Contact: Jeff Rasmussen, Grants Manager East Bay Regional Park District P.O. Box 5381 Oakland, CA 94605~0381 (510) 544-2204 jrasmussen@ebparks.org :; , " { , ACTIA Contacts: Tess Lengyel, ACT1A Programs and Public Affairs Manager 426 - 17"' Street, Suite 100 Oakland, CA 94612 (510) 267-6111 TLengyel@acta2002.com ~, ~, , Rochelle Wheeler, ACTIA Bicycle and Pedestrian Coordinator 426 - 17th Street, Suite 100 Oakland, CA 94612 (510) 267-6121 RWheelcr@aeta2002.com ),: " :',1 t ) , '; ~t ,I, ~: r , ,', :; ".~.~~ F;\Administr.\'1tivc'\ACTIA\Agr~-me;=ni!Ì\Agrecments\B¡kc & Pcdcstrian\Cyclc 2_BP ...,gr;:mt~\A05 _ 0033 _ Agrecment~,Alamo Canal Trail Un.dercrossinK_EBRPD.d(}c Page 9 of 15 r" ',' I Lf c>[:l~ ~ ii :", ,. ;': ACTIA Bike/Ped Countywide Discretionary Fund Grant Agrcement ACTIA #: A05-0033 Sponsor: East Bay Regional Park District >: j' J: -. ATTACHMENT 8 PROJECT DESCRIPTION The Coordinated Funding Application submitted for Mcasure B Bicycle and Pedcstrian Countywide Discretionary Funds, Cycle 2 (2005), is incorporated hercin by reference. .~\; :,(:" ;. ',": Project Useful Life: Not applicable. ,r~, Project Description: )1 f .' The East Bay Regional Parks District (EBRPD) will complete a feasibility study for the Alamo Cana] Trail undercrossing of Interstate 580 and the BART tracks. This facility would close a GOO-foot gap in the existing Alamo Canal Trail, creating a continuous 3.6 mile Class ¡ bicycle' and pedestrian path. The Alamo Canal Trail connects the Iron Horse Trail in Dublin to the Arroyo Del Vane Trail in Plcasanton. The feasibility study project is intended to create a preferred design alternative and credible cost estimate that will advance this capital project by bringing it closer to the construction phase. .' ;) ~f " This planning project will determine operationally-required elements, community-desired elements and engineering challenges to building the trail. The project wilJ produce a feasibility study which wjJ discuss the following: · Community input on this trail segment, · Engineering that will be required to build a trail crossing under the 1-580 freeway and BART line, · Potential environmental and other impacts that must be considered for design and construction phases, · Potential impacts of building a trail adjacent to a waterway/flood control channel, · Required penuits, · Required right-of-way and all property rights involved in the project, · Potential utility issues, · Agencics/cntities that must be involved or contacted about this project, · A preferred design altemative, and · Potential costs for project design, construction and maintenance. ,". '" ',¡ '," " \: i' , ~/ ,~::. " .' The majority of this project budget (approximately 90%) wj] be used for the services of a consultant who will complete the following tasks, at a minimum: kick-off meeting; base map; existing conditions; field survey; engineering and geotechnical review; preliminary design; CEQA initial study; stakeholders meeting; and the tìnal feasibility study. , / The EBRPD wj] 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 wj] strive to develop a recommcnded design that is mutually agreeable to all parties. Focused public outreach wj] be conducted as part of the project. F;\A.dmird~trative\ACT1^ \Agree¡,nents\Agrœ'ments\Bike & PCd~tri~H1\CycJC 2_BP _grants'oA05 _ OO:B _Agreement_A!amo Cflnø.! Trail UndcrcroJ:)l;iin¡L EBRPD.doc rage 10 of 15 ~~ , 1 , J5"ovl'i ¡; ACT1A BikelPed Countywide Discretionary 'Fund Grant Agreement ACTIA #: A05-0033 Sponsor: East Bay R~ional Park District EBRI'D will enter into specific agreements with both Dublin and PJeasanton regarding funding for this feasibility study project. The agency responsible for trail maintenance will be determined as part of the feasibility study. :;! ',: ;: i' " Project Schedule: ~~ Milestone Stakeholders Kick-off meetin s Write RFP Release RFP Pro' eet Initiation Pro ress Re ort #1 Due Select Consultant Conduct Ficld InvestÎ alions Pro res. Re ort #2 Due Draft Feasihi1it Stud Com lete Public outreach'meelin Final Feasibilit Stud Com letc Final Rc ort Due Schedule Jul 2005 Au ust 2005 October 2005 October 28 2005 November 2005 March 2006 A ri] 28 2006 J ul 2006 Au ust 2006 S ¡ember 2006 November 30 2006 " .j , '. " ,~ , 1 ~ "} " Final Deliverable(s): A published feasibility study, supported in concept by the appropriate staff of each affected agencies. " '~ Special Conditions: i~ . . I. ACTIA will be notified of all publicly-noticed meetings relatcd to this project. 2. ACTIA will be invited to sit on the Technical Advisory Committee for the project, if one is created. 3. ACTIA will be invited to participate at key project meetings and milestones, such as stakeholder meetings, review of draft design plans, review of draft construction drawings, etc. f " ~~ )! ,. :'1 ;1 ~, ,¡ ~,' , F:\Adminìstnltivt:\.ACTIA \A,grccmcnts\Agrc:cmC:=1it!Ì\Bike & Pedestrìan\Cyde 2_ BP ~.grants\A05 _0033_ AgreeIT'tcnt~ Alamo Canal Trail Undcrcro~sing_ EßRPD.doc Page II of 15 I , i ICo- ð() \q " ., , if ACTIA Bike/Ped Countywide Discretionary Fund Grant Agreement ACTtA #: A05-0033 Sponsor: East Bay Rel!:iona1 Park District ., \ ,. , ATTACHMENT C PROJECT PERFORMANCE MONITORING Award Date April 28, 2005 Progress Report No.1 Due October 28, 2005 Progress Report No.2 Due April 28, 2006 Progress Report No.3 Due October 31, 2006 Progress Report No.4 Due April.27, 2007 Due June 29, 2007, or Sixty (60) days after Project Completion, whicbever Is earlier. ( S , , j " Final Report Final Invoice September 28,2007, or Ninety (90) days after Final Report is submitted, whichever is earlier. ) Agreement Expires October 31, 2007 .. Final Report shall include tbe following: A copy of the final published feasibility study, with a cover Jetter stating the study is complete. j, .~ ~; ~; F:\AdministnHive\ACTJA \.Agrccmcrlt:..\Agt't.'C1"11cnts\Bikc & Ped~triarl\Cycle 2.~BP .,....grant:..\A05 _ 0033 ~ Agrecm('''11t_Alamo Cun:::!.l Trail Undcrçn,¡ssinS_EBRPD,doc Page 12 of 15 'j, t ':I: ~' , k ~1 :ì ,. 11 c'b \ q ;\ ACTIA Bike/Ped Countywide Discretionary Fund Grant Agreement ACTIA #: A05-0033 Sponsor: East Bay Regional Park District Alamo Canal Trail Undercrosslng of 1~580 Feasibility Study ~~ r ~~ i\ , ~~ 't ?"<' \ ',1 ::-: Project Progress Report (TIME PERIOD) STATlJS f , ACTIONS (In this RepOrtil)g Period) ( ~: ~; } ~, ~ ANTICIPATED ACTIONS (In Ne¡¡t Reportin\! Period) 8- t " ;;: " SCHEDULE ÇHANGES o The project remains on schedule, as shown in Attachment B of the Agreement. o The revised project schedule is attached for review and approval. ;, .'< ;;: ., SCOPE CHANGES o The project scope is unchanged, and is the same as shown in Attachment B of the Agreement. '0 The scope of the project has been modified and is attached for review and approval. ¡ ) } ~: , ~.: !i' BUDGET D The line item project budget, as shown in Attachment A of the Agreement, is essentially unchanged. o Substantial changes are proposed to the line item project budget. A revised budget is attached for review and approval. j:: .{~ ;~? 'i ~¡ (; " ',~ j',: y EXPENDITURES o An invoice is included with this Progress Report. o No invoice is included. A list of all cxpenditures made during the reporting period is shown below. F~\Ad'I'Ünjstro.tivc\ACTIA \Agrccrnt.,>tmìAgrccmcnts\BiL:¡; & PCdtstril1n\Cycle:2 ~ BI'...,grant!i.\A05 ~ 0033 ~Agrt;t.,.rll::nt_ Alamo Canal Truii Unut:r'cro:iis.ing_EBRI'D,doc Page 13 of 15 'i· , " \'6Dò\G \ { ( ACTIA Bike/Ped Countywide Discretionary Fund Grant Agreement ACTIA #: A05-0033 Spo_nsor: East Bay ReJ1:ional Park District ¡ , , , i:, !( ¡,: POTENTIAL CLAJ~.ß o There arc no Notices of Potential Claim On file. o We anticipate a claim regarding the following: o There are presently ~ Noticc(s) ofPotentiaJ Claim On fi1e. Those not previously forwarded are attached for review and comment. b GENERAL o At this time we anticipate no problems on the project. o We anticipate problems in the following area and would appreciate any assistance you could offer: t f ~ Í o We anticipate problems in the following area but do not feel we need your assistance at this time; ;" " "j ,Ii ;; P(]BLlCJTY o Updated and accurate Project information is included, with a link to ACTIA's website, at the following web address: An article was pubJished, highlighting this Project, on Newsletter. " ; , -, i J o (date) in the :; ~ SIGNALS o Signal modifications arC not part of the Project. o Signal modifications are part ofthc Project. Considered Included (please check the appropriate box) o 0 Audible Pedestrian Signals o 0 Adjustable Pedestrian Timing o 0 Emergency Vehicle Pre-Emption ,j\ t; " ij . F;\AdministratÎve\ACTIA \Agrecmt=nts\Agrœmcnt~\Bìkc & PedC!:itri;:tn\Cyc]c 2_RP _g:ranb.I.A05 _ ()033~_Agrcl:T11C::llt_ Alamø Cana) Trail Undcn::ros!>ill.tLEBRPD,doc Page 14 of 15 ,', t , 'I,' ;~ ::; i~ / ¡~: " :' ,~, i, , " " ;'> ,¡ ;; ,,: ~, it- .{ i' " i¡: !( ~ ,'. ~. i ,...- ,... u o .~ 0:: ~ .~ oQ ...:.:<: .. ... ""c: -<- - .. ¡-. = U 0 ",:'s;, ~ ¡;> QQ - "' .. ~ ~ I 11 ... o § ~ i o .", " ~ is .g '§: þ " '" o U ." " "'" ~ " -'" p:¡ ...: ;:: U ...: ¡.; o "' " o "" IJ} ~ :§ ] " ~ := ." " " " o " .g " ~ .$ " '" g ,£ j,) " <5. ~ " 6 >. '" :¡; g " Z; ~ .. ¡;¡ ~ '" ~ ,..¡ ,.. t .f: '§ 8 ¡¡.::: .~ ~ oS] .,::: ~ ~~ o gf .; ';;0; ~~ õt: " " o co. ." i3 ~- ~OJ ôJÆ " =11 ~ !'i ..§.~ :.:§.M ~ "." ~ .:. .~ ~ ~ Q(~< .= -- ¡¡,.' § ~ "" ~ _go ~..;«: ~~¡:: ~ ~U 5 ~ ~ -=: 0 IU ~.".., ~~~ ¡,¡~" ~"""I-< ~~ S ~ ð s ~~8 ~ I- .. ;:¡ülr>'¡"'; ~.<!j'N."j ~ .... 8- ~~~~ .~ ... . . " 9 ~ " " " E ~ ';j "" ~ ~ .8 .. " oS Z " E 1ii >5 ~ £ " o " " <5.' .= '" "3 ~ IS" " ~ ~ 8 ""OJ ~ § o 'OJ ,.,.- =:g - .. ~ ~ ".2 " '" g..!! ljj ~~ o 13 1ií 'OJ co.:g " " ~:g ~ " .sg ¡:¡ " E ~;r ~,,~ ]gÆ " §"" ~,," -,," .; ].~ ~ ~ t= .. " 0 ~E~ ¡'- -- ª~~ " ~ ~ o ~ ~ W"E0 " 0 ~ .s 00.: ¡:; 0... ~_r¡¡ oS':: OÎ ~ 0 " r.2;:;;;: >. " ~ ~ " " !L ~.::u ~ " ", ~ Q I=: ",;¡ ~" ,,- ~ I:õ:i p.. .- .., ,,~ 8 'I"j'" "',.ì5 ~ 0 g ~ ~()¡;;'V) ~ . ,,- ~ " ~ " ... " " f .. .. c '" . " E ~] c " US :¡ '¡J .;; ¡¡ ~ ,S ~ i3 æ ~ ¡;;¡.£ ~ " ,..¡-;; ~E ~ Š n :: g :; " ,,-5. .= ,8 = " ",- t: ª" ~~ J; '"'Õ' ;Z :-~ ~~ C~ . :it~ .._t.. " ¡¡: 0 ." S! ...... Q. ~ I:II:IO~- 0<; ~ ~ ïê L,.Øo!"",.c 0"': :II = =6'"'" o '" " co. ..- ~<~a I ." ,~~ ~::¡ -= ~..r.I ~ ,..¡..c. 00 Ü ~'l .. ."" ~ŠZ"';:¡ ~t:~~ ðt. g _~o- :I :;:.-( ;I"'!"!.!: ~ lo-I ¡; = U cQ",: - ..2 æ ~-< '""6 3 .; ¡,¡]«: =.2«: .2 ~- ¡:.....r-o f:~~ ".s~ '- o~ - =;:;.ë ~ 5~';l:: E! ~ § § ...: -u ~ c ~ o -.'. ':= It.! + ~;§ ~ " - '" c .... = ::I '" - .. :;. IS .. ~ ~ë '"=~ =OI¡ß ð~~ 5 '" ... ~ 'ã ... .. " .. ." " C -- ,,¡.. ;;. 8 <:: ~ .. E 0" \;; e = " gZ ;; ~ c o U . -- ~ .cj..c; '00; =I:J ~ d:r/)rJ;¡JJ "' ~ ,/ 1/ ~ ¡¡ '" " ] II ~I'~ ~ ] " ." ~ ;; £ ~ -= !ì . '" .. 8 " -5 " ~ J':>] '€ ;g 8M w -¥ £ ~ '" .- 0 .., !! ,¡;: " -"" . ... «: !- o !- , Iq~\" "., j,) .. ¡::¡ - o "., !! E " :.~ ,,,, " g ~ "'0.. ~ ~ ffi J " .¡;; '" "' ~ " "8 ;0 ~ ] u ] -<: wi ¡¡ ¡¡ ~ ,..,' ,.., co co ".,' C ~ E " OJ> 0..' '" ",, " ~ ~ .. '5 ~ " æ ~ ~ '" ~z, ~ IS " ~ bO ~ i 1 :.,; ¡:: u ~ " ~ ~ ~. § e "" ~ G..:;