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Home My WebLink AboutMINUTES - 03011994 - 1.13 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: March 1, 1994 SUBJECT: Cooperative Funding Agreement - Iron Horse Trail Project No.: 0662-6R4142-93 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 2.3 miles of bicycle trail along the Walnut Creek Channel, between Monument Blvd. and Concord Avenue in the Concord and Pleasant Hill area. II. Financial Impact: There is no financial impact to the County General Fund. The Cooperative Funding Agreement provides to the EBRPD $600.000 received from the State of California in Proposition 116 funds to construct this portion of the Iron Horse Trail. III. Reasons for Recommendations and Background: The Iron Horse Trail is an important regional transportation link connecting Southern Contra Costa County to Central Contra Costa County. The regional trail begins in Pleasanton and will extend along the Southern Pacific Railroad and Walnut Creek Channel rights of way to the Suisun Bay shoreline. The total length of the Iron Horse Trail is approximately 33 miles. The proposed local project will complete 3.5 miles of trail on an existing channel maintenance road and former Southern Pacific Rail Road right-of-way from Treat Boulevard to Concord Avenue. The trail connection has been incorporated in the County General Plan, the EBPRD Master Plan as well as in the local plans for the cities of Walnut C k, Pleasant Hill and Concord. Continued on Attachment: X SIGNATURE: _ RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON MAR 1 1994 APPROVED AS RECOMMENDED OTHER VOT�4U SUPERVISORS UNANIMOUS (ABSENT ) AYES: NOES: ABSENT: ABSTAIN: 1 hereby certify that this is a true and correctcopyof an action taken and entered on the minutes of the MB:eh Board of SuI i on the d to shown. c:BO1 b.t3 ATTESTED: 1491 PHIL BATCHELOR,Clerk of the Board— of Supervisors and Copnty Administrator Orig. Div: Public Works (TE) • Contact: Mark Boucher, Tel. 313-2277 By .Deputy cc: See Page 2 Cooperative Funding Agreement - Iron Horse Trail March 1, 1994 Page 2 III. Reasons for Recommendations and Background: (Continue) The construction of this portion of the Iron Horse Trail would provide access between the Pleasant Hill BART Station, Fair Oaks School, the Willows Shopping Center and businesses and would improve the safety of bicycle commuters from Walnut Creek, Pleasant Hill and Concord. Combined with existing portions of the Iron Horse Trail south of Treat Boulevard and connections to the Contra Costa Canal Trail,this project will provide an important link in the local trail network. The Transportation Committee reviewed and approved the application for Proposition 116 funds on September 21, 1992. The Board of Supervisors approved the submittal of an application for Proposition 116 funds and authorized the Public Works Director to execute the application along with a Cooperative Funding Agreement with the East Bay Regional Park District on October 20, 1992. The Board of Supervisors determined that the project is a California Environmental Quality Act Class 4(h) Categorical Exemption and directed the Director of Community Development to file a Notice of Exemption with the County Clerk on November 17, 1992. The Cooperative Funding Agreement allows the County to collect grant funds from Caltrans in the amount of $600,000 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. EBRPD will maintain and patrol the trail once completed. IV. Consequences of Negative Action: Failure to direct the Chair of the Board of Supervisors to execute the Cooperative Funding Agreement between the County and the EBRPD for the Iron Horse Trail will delay the construction of this portion of the trail and jeopardize $600,000 of awarded Proposition 116 trail funds. cc: P. Harrington, Flood Control R. Gilchrist, Accounting S. Williams, EBRPD M. Lim, Caltrans Local Assistance COOPERATIVE FUNDING AGREEMENT FOR DEVELOPMENT OF THE IRON HORSE TRAIL WALNUT CREEK CHANNEL EXTENSION 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 $600,000 from the Clean Air and Transportation Improvement Act by the California Transportation Commission for development of the Iron Horse Trail Walnut Creek Channel Extension. WHEREAS, the Iron Horse Trail Walnut Creek Channel Extension is a regional trail system being developed by EBRPD; and WHEREAS, EBRPD a License Agreement with Contra Costa County Flood Control District 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") will be constructed from Monument Boulevard to Concord Avenue along the Walnut Creek Channel held in fee by Contra Costa County; and 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 for three ( 3) years from the date of final payment and open those records to the inspection of State and Auditor General of California upon request. (4) To provide plans and specifications and project 1 management for the Project. (5) To operate and maintain the Project when 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 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 Iron Horse Trail Walnut Creek Channel Extension to the extent of 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 $600,000 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 Iron Horse Trail Walnut Creek Channel Extension. SECTION III IT IS MUTUALLY AGREED AS FOLLOWS: (1) This Agreement may be amended or canceled by mutual consent 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 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 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 enforces under the laws of the State of California. (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 3 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 COZA 1OUNTY EAST AY R AL K DISTRICT 'gy B � Chair erson G era Ma ager Board of Supervisors Attested: Phil Batchelor Administrator and Clerk of the Board BY � J11r-Ll�, Approved as to form: Approved as to form: Victor J. Westman Ted Radosevich County Counsel District Counsel 1 BUR-y 8/11/93 SEW 4