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Home My WebLink AboutMINUTES - 08171993 - 1.8 . j TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: August 17, 1993 SUBJECT: Cooperative Funding Agreement - Delta DeAnza Trail. Project No.: 0676-6P1044 SPECIFIC REQUEST(S) OR RECOMMENDATION(S) &BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE and AUTHORIZE the Chair of the Board of Supervisors to execute the Cooperative Funding Agreement between the County and the East Bay Regional Park District (EBRPD), to construct approximately 9 miles of bicycle trail in the cities of Concord and Pittsburg, and in the unincorporated community of West Pittsburg. II. Financial Impact: There is no financial impact to the County General Fund. The Cooperative Funding Agreement provides to the EBRPD $300,000 received from the State of California in Proposition 116 funds to construct segments 1, 3 and 4 of the Delta DeAnza Trail. III. Reasons for Recommendations and Background: The Delta DeAnza Trail is an important regional transportation link connecting Central Contra Costa County to East Contra Costa County, being developed in cooperation with the EBRPD. When completed the trail will encompass 21 miles and extend from Concord through West Pittsburg, Pittsburg, Antioch, and terminate in Oakley. The trail will also connect to the Marsh Creek Trail which will provide connection to the City of Brentwood. The County together with the cities of Antioch, Brentwood, Concord, and Pittsburg submitted an application of $300,000 of Proposition 116 funds. On February 19, 1992 the California Transportation Commission approved the$300,000 application to constportions of the Delta - �7�7 J on Attachment: X SIGNATURE: �-/ L&v� _ RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON AUG 17 1993 APPROVED AS RECOMMENDED OTHER VOT OF SUPERVISORS UNANIMOUS (ABSENT ) AYES: NOES: ABSENT: ABSTAIN: i hereby certify that this Is a true and correct copy:t an action taken and entered on the minutes of the DS:eh 3oard of SupeAuS oil1 t�d1 to shown, c:B017a.W ATTESTED: /Riau PHIL BATCHELOR,Clerk of the Board Orig. Div: Public Works (Transportation Eng.) of SuperWwn arrd 77,411 ministrator Contact: Dave Suico, Telephone 313-2264 By �� cc: See Page 2 Cooperative Funding Agreement - Delta DeAnza Trail. August 17, 1993 Page 2 III. Reasons for Recommendations and Background: (Continue) DeAnza Trail. EBRPD has license agreements with East Bay Municipal Utility District (EBMUD), Contra Costa Water District, and CALTRANS to operate and maintain the completed trail. The Cooperative Funding Agreement allows the County to collect grant funds from Caltrans in the amount of $300,000 and designates EBRPD to be the responsible agency for the expenditure of these funds to complete the trail. Execution of the agreement must be completed prior to the award of the construction contract. IV. Consequences of Negative Action: The EBRPD will not receive$300,000 which would further delay construction of the Delta DeAnza Trail. cc: R. Gilchrist, Accounting S. Williams, EBRPD M. Lim, Caltrans Local Assistance i COOPERATIVE FUNDING AGREEMENT FOR DEVELOPMENT OF THE DELTA DE ANZA TRAIL This Cooperative Funding Agreement made and entered the day of , 1993 , by and between the East Bay Regional Park District, hereinafter referred to as "EBRPD" and Contra Costa County, hereinafter referred to as "County". WITNESSETH WHEREAS, County has been awarded $300,000 from the Clean Air and Transportation Improvement Act (CATIA) by the California Transportation Commission for development of the Delta De Anza Trail. WHEREAS, the Delta De Anza Trail is a regional trail system being developed by EBRPD; and WHEREAS, EBRPD has License Agreements with East Bay MUD, Contra Costa Water District, and Caltrans to operate and maintain the completed trail at EBRPD's expense; and WHEREAS, the project which is the subject of this Agreement (hereinafter referred to as "Project") contains the following Delta De Anza Trail segments: Segment 1 (Concord BART, Clayton Road to Willow Pass Road/Highway 4 Interchange) , Segment 3 (Willow Pass Road, West Pittsburg to West Pittburg's eastern border) , and Segment 4 (City of Pittsburg) . WHEREAS, County and EBRPD do mutually desire to cooperate in completing the Project and to specify herein the terms and conditions under which said Project will be designed, constructed, financed and maintained. NOW, THEREFORE, it is mutually agreed as follows: SECTION I EBRPD AGREES• (1) To construct or cause to be constructed said Project. (2) To construct the Project in accordance with the guidelines and regulations prescribed by Caltrans. (3) To retain, or cause to be retained for audit all records and accounts relating to the Project three ( 3) years from the date of final payment and open these records to the inspection of State and Auditor General of California upon request. 1 (4) To provide plans and specifications and project management for the Project. (5) To operate and maintain Segments 3 , and 4 when the project is complete. Such operation and maintenance will continue as long as EBRPD has adequate land tenure to do so. (6) To submit Payment Requests to County on a reimbursement basis quarterly, or upon completion of the project and to provide back-up documentation for each Payment Request. (7) To limit the expenditure of the funds of this Agreement to within the limits of the Project. (8) To comply fully with all terms and conditions of the CATIA grant as defined and agreed to in the agreements between State and County, copies of which are to be provided by County as stated in Section II, Article (4) . (9) EBRPD's Construction contractor shall maintain in force, until completion and acceptance of the Project construction contract, a policy of Contractual Liability Insurance, including coverage of Bodily Injury Liability and Property Damage Liability in accordance with Standard EBRPD requirements. Such policy shall contain an additional insured endorsement naming the State of California, Caltrans, County and the officers, agents and employees of these entities as additional insured. Coverage shall be evidenced by a Certificate of Insurance in a form satisfactory to County which shall be delivered to County before the start of construction. (10) EBRPD shall keep accounting records for the period of time required by CATIA and, should an audit be performed, shall reimburse the County for all costs incurred by the County related to the audit of funds awarded to the County by CATIA for the construction of the Delta De Anza Trail to the extent any defects or deficiencies are found in EBRPD's accounting records or procedures. SECTION II COUNTY AGREES• (1) To collect grant funds from Caltrans in the amount of $300,000 per the agreement between County and Caltrans. (2) To allow EBRPD to be responsible for the expenditure of funds necessary to complete the trail up to the amount stated in paragraph (1) . (3) To execute Payment Requests received from EBRPD for the project and distribute to EBRPD the funds requested after receipt of those funds from the State. 2 (4) To provide to EBRPD copies of all executed agreements between the County and State related to the Delta De Anza project. SECTION III IT IS MUTUALLY AGREED AS FOLLOWS: (1) This Agreement may be amended or canceled by mutual consent in writing of the two parties. (2). EBRPD shall defend, indemnify, save, and hold harmless County and its officers and employees from any and all claims, costs, and liability for any damages, sickness, death, or injury to person(s) or property, including without limitation all consequential damages from any cause whatsoever, arising directly or indirectly from or connected with the negligent operations or services of EBRPD or its officers, employees, agents, or subcontractors hereunder. EBRPD shall reimburse County for any expenditures, including reasonable attorney's fees, County may by reason of the matters that are the subject of this indemnification and, if requested by County, shall defend any claims or litigation to which this indemnification applies at the sole cost and expense of EBRPD. ( 3) County shall defend, indemnify, save, and hold harmless EBRPD and its officers and employees from any and all claims, costs, and liability for any damages, sickness, death, or injury to persons(s) or property, including without limitation all consequential damages from any cause whatsoever, arising directly or indirectly from or connected with the negligent operations of services of County or its officers, employees, agents, or subcontractors hereunder. County shall reimburse EBRPD for any expenditures, including reasonable attorney's fees, EBRPD may by reason of the matters that are the subject of this indemnification and, if requested by EBRPD, shall defend any claims or litigation to which this indemnification applies at the sole cost 'and expense of County. (4) Entire Agreement. 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. (5) This Agreement shall be interpreted and enforced under the laws of the State of California. 3 (6) Notices regarding this agreement shall be sent by first class mail, postage prepaid, to EBRPD at P. O. Box 5381, Oakland, CA 94605-0381 and to County at 255 Glacier Drive, Martinez, CA 94553-4897. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, duly authorized, the provisions of which Agreement are effective as of the day, month, and year first hereinabove written. CONTRA COSTA COUNTY EASTB REGI NAL PARK DISTRICT By ��n'r� /l�U�/i�,� By Chairperson Gen er-ad Manager Board of Supervisors Attested: Phil Batchelor Administrator and Clerk of the Board BY Approved as to form: Approved as to form: Victor J. Westman Ted Radosevich Cou C nse Dist ri Counsel �' ` 7 By ,' . By. C 7/26/93 SE 4