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Home My WebLink About7.4 Alamo Canal Trail Grant~ ~ r . ~; ~~. ~~:~ CITY CLERK File # ^~ (,^~-Q~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: July 21, 2009 SUBJECT: Approval of Resolution Authorizing the Execution of a Grant Funding Agreement with the Alameda County Transportation Improvement Authority for the Alamo Canal Trail under I-580 Report Prepared by: Melissa Morton, Public Works Director ATTACHMENTS: 1. Resolution, together with Exhibit "A," Agreement RECOMMENDATION: Adopt the Resolution authorizing the execution of a Grant Funding Agreement with the Alameda County Transportation Improvement -~ Authority (ACTIA) for the Alamo Canal Trail Under I-580 and ~_~ Stating the Assurance to Complete the Project. FINANCIAL STATEMENT: Construction of the Trail, including construction management and administration costs, is estimated at $2,651,240. The following funds have been applied for or approved for the project: Funds Secured - ACTIA Measure BBike/Ped funds (approved 4/23/09) :.....................$891,000 - EBRPD's Measure WW program (approved 11/08) :..........................$630,000 Subtotal ........................ $1, 5 21, 000 In Progress Funding Requests - California River Parkways Program(results not yet announced):.........$1,021,240 - Measure B Matching funds (to be shared by Dublin, Pleas. & EBRPD):...$109,000 Subtotal ........................$1,130,240 Grand Total ...................$2,651,240 COPY TO: ACTIA EBRPD City of Pleasanton Construction is not fully funded but could start in Spring 2010 if all construction funds and permits are acquired. The project will not proceed until all funding is fully secured. Page 1 of 2 ITEM NO. /• G:\CIP\Alamo Canal Trail under 1.580WCTIA Application\agst Approve Reso Authorizing Execution of ACTIA Agreement.doc ~~ DESCRIPTION: On April 23, 2009, the Alameda County Transportation Improvement Authority (ACTIA) approved $891,000 in discretionary Measure BBicycle/Pedestrian funds for the Alamo Canal Trail Under I-580. As project manager, the City applied for construction funds in collaboration with the East Bay Regional Park District (EBRPD) and the City of Pleasanton. The gap closure project will connect the Alamo Canal Trail north of the I-580 Freeway (adjacent to the City Library) with the Pleasanton trail south of the I-580 Freeway and transform it into a continuous regional trail. The ACTIA funds require a local match of $109,000 of which Pleasanton and the EBRPD have agreed to contribute $36,333 each. Dublin will use its annual allocation of Measure B Bike/Ped funds for its one-third share of the local match. The City is presently waiting to learn the outcome of its California River Parkways Program grant application. Staff was informed that the results will not be announced until the current State budget crisis is resolved. Staff will continue to pursue this application and other funding opportunities to fully fund the project. In order to execute the Grant Funding Agreement (Exhibit "A" of Attachment 1), ACTIA requires that a Resolution be approved by the City Council to authorize its execution and to assure that the project will be completed. The Resolution further states that Dublin will continue to partner with Pleasanton and the EBRPD to secure the remaining funds needed for construction. RECOMMENDATION: Staff recommends that the City Council adopt the Resolution authorizing the execution of a Grant Funding Agreement with the Alameda County Transportation Improvement Authority (ACTIA) for the Alamo Canal Trail Under I-580 and Stating the Assurance to Complete the Project. Page 2 of 2 i o{- a, RESOLUTION NO. - 09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AUTHORIZING THE EXECUTION OF A GRANT FUNDING AGREEMENT WITH THE ALAMEDA COUNTY TRANSPORTATION IMPROVEMENT AUTHORITY (ACTIA) FOR THE ALAMO CANAL TRAIL UNDER I-580 AND STATING THE ASSURANCE TO COMPLETE THE PROJECT WHEREAS, the City of Dublin ("APPLICANT") has submitted an application to the Alameda County Transportation Improvement Authority ("ACTIA") for $1,000,000 in Measure B funding for the Alamo Canal Regional Trail-Interstate 580 Undercrossing ("PROJECT") for Cycle 4 of the Bicycle/Pedestrian Countywide Discretionary Program ("PROGRAM"); and WHEREAS, the voters of Alameda County, pursuant to 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; and WHEREAS, APPLICANT represents that APPLICANT is an eligible grant recipient for Measure B funds; and WHEREAS, Applicant has been partnering with the City of Pleasanton and the East Bay Regional Park District in securing funds to construct the Project; and WHEREAS, on April 23, 2009, ACTIA approved $891,000 in Measure B funding for the Alamo Canal Regional Trail Interstate 580 Undercrossing; and WHEREAS, as part of the application for Measure B funding, ACTIA requires a resolution be adopted by the responsible grant recipient stating the following: 1) the commitment of the amount of project sponsor matching funds specified in the Grant Funding Agreement; and 2) that the APPLICANT understands that the amount of Measure B funding is capped at the amount awarded as specified in the Grant Funding Agreement, and therefore any cost increase cannot be expected to be funded with additional Measure B funds; and 3) the assurance of the APPLICANT to complete the PROJECT as described in the Grant Funding Agreement; and 4) that the PROJECT will comply with all the project-specific requirements as set forth in the Grant Funding Agreement; NOW, THEREFORE, BE IT RESOLVED that APPLICANT is authorized to submit an application for Measure B funding for PROJECT. ~ _ 2 ~ _ ~ ~ ~ 1 ATTAC~IIT ~ ~-- a-~ I BE IT FURTHER RESOLVED that APPLICANT, by adopting this Resolution, does hereby state that: 1. APPLICANT will continue to partner with the City of Pleasanton and the East Bay Regional Park District to secure the necessary matching funds to construct the PROJECT; and 2. APPLICANT understands that the amount of Measure B funding for the PROJECT is capped at the amount awarded as specified in the Grant Funding Agreement, and that any cost increases must be funded by the APPLICANT from other funds, and that APPLICANT does not expect any cost increases to be funded with additional Measure B funding; and 3. PROJECT will be implemented as described in the Grant Funding Agreement and in this Resolution; and 4. APPLICANT and the PROJECT will comply with the requirements as set forth in the Grant Funding Agreement; and 5. APPLICANT is an eligible sponsor of Measure B funded projects; and 6. That there is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT; and 7. That APPLICANT authorizes its City Manager to execute a Grant Funding Agreement with ACTIA for Measure B funding for the PROJECT, attached hereto as Exhibit "A" to the Resolution; and 8. That a copy of this Resolution will be transmitted to ACTIA in conjunction with an executed Grant Funding Agreement. PASSED, APPROVED AND ADOPTED this 21st day of July, 2009, by the following vote: AYES: NOES: ABSENT: ABSTAINING: ATTEST: City Clerk Mayor G:\CIPWIamo Canal Trail under I-580WCTIA Application\Reso Authorizing Execution of ACTIA Agmt.doc ACTIA Bicycle/Pedestrian Countywide Grant Fund Program Cycle 4 Funding Agreement Between The Alameda County Transportation Improvement Authority and City of Dublin for the Bicycle/Pedestrian Countywide Discretionary Funds for the Alamo Canal Trail Undercrossing of I-580 (Construction) ~ e~ a1 A09-0018 This Agreement is made and entered into between the City of Dublin, a municipal corporation ("Project Sponsor"), and the Alameda County Transportation Improvement Authority, a local public agency ("ACTIA"), on July 1, 2009. 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 of and in compliance with the Local Transportation Authority and Improvement Act (California Public Utilities Code section 180000 et .req.). 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) ACTIr1 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 services in Alameda County. NOW, THEREFORE, the parties agree as follows: Page 1 of 25 E X H I B I T Tn thA Racnli itinn P m A09-0018 ACTIA Bicycle/Pedestrian Countywide Grant Fund rogra Cycle 4 ', 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: Task Budgets and Other Funding, Attachment C: Task Deliverables and Project Milestone Schedule, Attachment D: Project Performance Measures, Attachment E: Project Reporting Requirements, Attachment F: Project Contact Information, Attachment G: Sample Project Progress Report Format, Attachment H: Sample Contract Reporting Form, and Attachment I: Sample Project Final Report Format which are hereby incorporated into this Agreement. Project must be initiated within one year of the Grant Initiation Date, as specified in Attachment A, and be completed in accordance with Attachment C. 2) Project Sponsor will implement the Project in a manner consistent with the information contained in 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 B 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. Eligible Project costs will be reimbursed by Measure B funds in the same proportion as the percentage listed in Attachment A of "Total ACTIA Funds Awarded" to "Total Project Costs." 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 Initiation Date, and up to the completion or termination of the Project or the completion of the grant funding period shown in Attachment C, 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 B. In the event the specified "Project Sponsor Matching Funds" are to be contributed by a third party, either identified by the Grant Initiation 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. Page 2 of 25 ACTIA Bicycle/Pedestrian Countywide Grant Fund Program Cycle 4 S e a~ ?,~~J-00 8 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 budgets and schedules contained in Attachments B and C, respectively, in a form provided by ACTIA or in an 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 parry, e.g. a consultant, contractor or other entity, Project Sponsor shall submit a copy of the fully executed contract or agreement to ACTIA 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 invoices 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 in writing 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 G: Sample Project Progress Report Format, unless an alternate reporting format is requested by the Project Sponsor in writing and approved in advance by ACTIA. 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 H: Sample Contract Reporting Form, when the Project is receiving $50,000 or more in ACTIA funds and the ACTIA 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 H: Sample Contract Reporting Form. C. 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. D. 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 Bfunding. 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: Page 3 of 25 ACTIA Birycle/Pedestrian Countywide Grant Fund Program Cycle 4 ~ ~~=- a ~ A09-0018 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). The Final Report shall also include a summary of project funding by fund source and by task. The amount of funding identified for each task must correlate with the actual total project costs for each task. 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 I: Sample Final Report Format, unless an alternate reporting format is requested by the Project Sponsor in writing and approved in advance by 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, G and H. 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 not less than 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 other ACTIA Community Advisory Committees as a means of informing the public of the benefits being derived from the use of the Measure B funds. Page 4 of 25 -~ ~~- a1 ACTIA Birycle/Pedestrian Countywide Grant Fund Program A09-0018 Cycle 4 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, a newspaper, or in ACTIA's newsletter, highlighting the Project and will submit a copy of such article to ACTIA. 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 CWC. 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 Initiation Date listed in Table C-2 in Attachment C, 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 Project Sponsor Page 5 of 25 ACTIA Bicycle/Pedestrian Countywide Grant Fund Program Cycle 4 ~ ~' A09-0018 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 grossly 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 F, or to such addressees which may be specified in writing by the parties. 5) Contacts: The persons listed as Contacts in Attachment F 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 F 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 ofEcials 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. Page 6 of 25 ACTIA Birycle/Pedestrian Countywide Grant Fund Program Cycle 4 ~,~ 0 _. a ~~ °~i19-0018 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 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 Grant Initiation Date listed in Table C-2 in Attachment C. 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. Page 7 of 25 ACTIA Birycle/Pedestrian Countywide Grant Fund Program Cycle 4 o~ I ~~ A09-0018 IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized officers. CITY OF DUBLIN ALAMEDA COUNTY TRANSPORTATION IMPROVEMENT AUTHORITY By: By: Tim Sbranti Alice Lai-Bitker Mayor ACTIA Chairperson Recommended: By: Christine Monsen ACTIA Executive Director Approved as to form and legality: By: John Bakker City Attorney Approved as to form and legality: By: ~ Wendel, osen, Black & Dean, LLP Legal Counsel to ACTIA Reviewed as to Budget/Financial Controls: By: Anees Azad ACTIA Finance and Administration Manager Attest: By: LaTonia Peoples-Stokes Clerk of ACTIA Page 8 of 25 i f ~i ACTIA Bicycle/Pedestrian Countywide Grant Fund Program Cycle 4 ATTACHMENT A PROJECT DESCRIPTION AND TASK BREAKDOWN Project Sponsor: Ciry of Dublin Project Title: Alamo Canal Trail Undercrossing of I-580 (Construction) ACTIA Project Number: A09-0018 Grant Initiation Date: July 1, 2009 Total ACTIA Funds Awarded to Project $891,000 Total Project Cost: $2,651,000 Project Sponsor Matching Funds: Amount $630,000 $1,130,000 $1,760,000 Source East Bay Regional Park District's Measure WW Local and Other Funds Percentage Total ACTIA Funds Awarded to Project/Total Project Cost: 33.6% Project Description: A09-0018 The Project will construct a short multi-use trail segment, under Interstate 580, which will connect two existing trails and close a critical gap between the cities of Dublin and Pleasanton. This segment will connect the Alamo Canal Trail in Dublin with the Centennial Trail in Pleasanton, creating a 3.6 mile continuous Class 1 multi-use path. Since the Alamo Canal Trail links to the Iron Horse Regional Trail, the Project will create approximately 22 miles of continuous paved regional trail from Pleasanton through Dublin, and then into Contra Costa County, to the City of Concord near Highway 4. Specifically, the Project will construct amulti-use trail that is 700-feet long and 12-feet wide, under the I-580 freeway and the BART track structures. It will include constructing a concrete retaining wall along the east side of the trail, and acut-off wall below the pavement to prevent undermining of the trail structural section. A trail lighting system and fencing will also be installed. Page 9 of 25 ACTIA Bicycle/Pedestrian Countywide Grant Fund Program Cycle 4 1 ~ ~ _ ~~~ A09-0018 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 B and 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 C-1 in Attachment C for each of the applicable prerequisite tasks are received by ACTIA. Table A-1: Project Task Breakdown Phase Prerequisite Task (planning, Task No.s Ops, Task Description No. Marketing, from Etc.) Table A-1) 1 Construction Construct Improvements None 2 Closeout Project Closeout 1 Page 10 of 25 ACTIA Bicycle/Pedestrian Countywide Grant Fund Program Cycle 4 ATTACHMENT B TASK BUDGETS AND OTHER FUNDING Project Sponsor: City of Dublin Project Title: Alamo Canal Trail Undercrossing of I-580 (Construction) 13 ~- ~,~ nU9-0018 Task Budgets and Other Funding: Table B-1 below shows the not-to-exceed amounts of Measure B funds for each task listed in Table A-1 in Attachment A. Table B-1 also shows the other funding to be provided by the Project Sponsor for each task. The Measure Bnot-to-exceed amount added to the other funding amount for each task establishes the Total Task Budget shown in Table B-1. The sum of the Measure Bnot-to-exceed amounts for all tasks shall not exceed the Total ACTIA Funds Awarded to Project amount shown in Attachment A. Table B-1: Task Budgets and Funding Measure B Amount of Other Total Task No. Not-To-Exceed Funding Task (from Table A-1) Amount (Note 1) Provided by Sponsor Budget 1 $847,000 $1,760,000 $2,607,000 2 $44,000 (Note 3) $0 $44,000 Totals $891,000 $1,760,000 $2,651,000 Notes: 1. The Measure B funding for each task shall reimburse eligible costs in the percentage of Total Measure B Not to Exceed Amount to Total Budget shown in Table B-1. 2. No Measure B funds are earmarked for this task; however the task is a prerequisite as shown in Table .-1-1. 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 other tasks, and represents 5% of total Measure BNot-To-Exceed funds. Page 11 of 25 ACTIA Birycle/Pedestrian Countywide Grant Fund Program Cycle 4 ATTACHMENT C TASK DELIVERABLES AND PROJECT MILESTONE SCHEDULE Project Sponsor: Ciry of Dublin I f ~~ i A09-0018 Project Title: Alamo Canal Trail Undercrossing of I-580 (Construction) Project Task Deliverables and Due Dates: Table C-1 below shows deliverables, if any, for the tasks listed in Table A-1 in Attachment A. Table C-1 also shows the due dates for each deliverable. Table C-1: Task Deliverables and Due Dates Task No. Deliverable Due to (from Deliverable ACTIA Table A-1) (Date) 1 Counts of pedestrian and birycle traffic before construction October 31, 2009 (methods and locations to be approved by ACTIA in advance of count) 1 Photographs of Project site before construction (electronic and October 31, 2009 printed formats) 1 Copy of advertisement for bids February 28, 2010 1 Copy of front cover of awarded contract and a summary of the May 31, 2010 bid 1 Contract closeout documentation: Official city documentation April 30, 2011 confirming completion of construction 1 Photographs of Project site after construction (including some June 30, 2011 from the same perspective as "before" photos, and in both electronic and printed formats) 1 Counts of pedestrian and bicycle traffic after construction June 30, 2011 (methods and locations to be approved by ACTIA in advance of count) 2 Final Report/Presentation to BPAC/Final Invoice September 30, 2011 2 Grant Funding Agreement Expires October 31, 2011 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. Page 12 of 25 15~- a~ ACTIA Bicycle/Pedestrian Countywide Grant Fund Program A09-0018 Cycle 4 Project Milestone Schedule: Table C-2 below shows a milestone schedule for the Project. Table C-2: Project Milestone Schedule Project Milestone Date ACTIA Grant Awarded (Cycle 4) July 1, 2009 Grant Initiation July 1, 2009 Advertise Construction January 31, 2010 Begin Construction (Award Contract) April 15, 2010 Construction Complete March 31, 2011 Grant Funding Period Complete (Project Complete) June 30, 2011 Project Closeout -Complete Final Report, Presentation to BPAC, Final Invoice September 30, 2011, or Ninety (90) Days after Project Completion, Whichever Is Earlier Grant Funding Agreement Expires October 31, 2011 Page 13 of 25 ACTIA Birycle/Pedestrian Countywide Grant Fund Program Cycle 4 ATTACHMENT D PROJECT PERFORMANCE MEASURES A09-0018 ' Table D-1: Project Performance Measures and Targets Performance Measure Target None required Project Performance Measures: Table D-1 describes what outcome-based performance measure you plan to evaluate to ensure that the project/program is meeting its objectives. Page 14 of 25 ACTIA Birycle/Pedestrian Countywide Grant Fund Program Cycle 4 ATTACHMENT E PROJECT REPORTING REQUIREMENTS iiU9-0018 } 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. Reports are due to ACTIA by the dates indicated in Table E-1. Table E-1: Project Reporting Due Dates Report Reporting Period Report Due to ACTIA Project Progress Report No. 1 July -December, 2009 January 31, 2010 Project Progress Report No. 2 January -June, 2010 July 31, 2010 Project Progress Report No. 3 July -December, 2010 January 31, 2011 Project Progress Report No. 4 January -June, 2011 July 31, 2011 Final Report (Project Closeout) NA September 30, 2011 or Ninety (90) Days after Project Completion, Whichever Is Earlier Final Invoice (Project Closeout) NA Due with Final Report Page 15 of 25 ACTIA Bicycle/Pedestrian Countywide Grant Fund Program Cycle 4 ATTACHMENT F PROJECT CONTACT INFORMATION Project Sponsor Contact: Ferd Del Rosario Senior Civil Engineer Ciry of Dublin 100 Civic Plaza Dublin, CA 94568 Phone: 925-833-6637 Fax: 925- 829-9248 Ferd.dekosario@ci.dublin. ca.us ACTIA Contact: To: Tess Lengyel, ACTIA Programs and Public Affairs Manager 1333 Broadway, Suite 300 Oakland, CA 94612 510-267-6111 tlengyel@actia2022. com I~ b~ a1 A09-0018 Page 16 of 25 ACTIA Bicycle/Pedestrian Countywide Grant Fund Program Cycle 4 Print on Sponsor Letterhead ATTACHMENT G SAMPLE ACTIA BICYCLE/PEDESTRIAN FUND GRANT PROJECT PROGRESS REPORT PROJECT PROGRESS REPORT No.: REPORTING PERIOD: From: PROJECT SPONSOR: PROJECT TITLE: ACTIA PROJECT No.: STATUS: ACTIONS (in this r~ortingperiod,Z: ANTICIPATED ACTIONS (in next reporting period GENERAL: ^ At this time we anticipate no problems on the project. To: Ao~-ools! ~~ a1 ^ We anticipate problems in the following area(s) but do not feel we need your assistance at this time: Page 17 of 25 a ~ ~ ~- a~~ ACTIA Birycle/Pedestrian Countywide Grant Fund Program A09-0018 Cycle 4 ^ We anticipate problems in the following area(s) and would appreciate any assistance you could offer: SCHEDULE, SCOPE, AND BUDGET: ^ The project schedule, scope, task budgets, and performance measures remain unchanged, as shown in Attachments A, B, C, and D of the Grant Funding Agreement or previously approved amendment. ^ There are proposed changes to the project schedule, scope, task budgets, and/or performance measures. (If checked, proceed to the section below) ^ A Grant Amendment Request was previously submitted on (enter date) and is awaiting approval. ^ Revisions to the following area(s) are being proposed and a Grant Amendment Request is attached for review and approval. (Check all that apply) ^ Project Scope (Exhibit B of GrantAmendment Request Form) ^ Task Budgets (Exhibit C of Grant Amendment Request Form) ^ Project Schedule (Exhibit D of GrantAmendment Request Form) ^ Project Performance Measures (Exhibit E of GrantAmendment Request Form) EXPENDITURES ^ A Request for Reimbursement is included with this Progress Report. ^ No Request for Reimbursement is included with this Progress Report. (If checked, proceed to section below.) ^ A Request for Reimbursement was submitted within the last six months on (enter aate). ^ No Request for Reimbursement has been submitted within the last six months for the following reason(s): PUBLICITY: ^ As required per the Grant Funding Agreement, updated and accurate project information is included, with a link to the ACTIA Web site, at the following web address: ^ As required per the Grant Funding Agreement, an article was published, highlighting this Project, on (enter date) in (enter name of newsletter, newspaper, publication, etc:). ^ A copy of the article is attached to this report. ^ An article was submitted to ACTIA for publication in the ACTIA newsletter on (enter date). Page 18 of 25 a, ~- ~~ ACTIA Bicycle/Pedestrian Countywide Grant Fund Program t~09-0018 Cycle 4 SIGNALS: ^ Signal modifications are not part of the Project. ^ Signal modifications are part of the Project. (If checked, proceed to the section below) Considered Included (Check all that apply) ^ ^ Audible Pedestrian Signals ^ ^ Adjustable Pedestrian Timing ^ ^ Emergency Vehicle Pre-Emption CONTRACT REPORTING: ^ Form attached. (Required with Project Progress Reports No. 2 and No. 4) ^ Form not attached. (Not required with Project Progress Reports No. 7 and No. 3, or if no grant funds have been expended to date) PERFORMANCE MEASURES: ^ There were trips provided during the reporting period. ^ There were people served during the reporting period. ^ Table D-1 Performance Measures Report is attached. ^ Performance Measures Report is not included. (provide explanation) Page 19 of 25 ACTIA Bicycle/Pedestrian Countywide Grant Fund Program A09-0018 Cycle 4 ACTIA CONTRACT REPORTING FORM Form must be completed when the following is met: • Is ACTIA Grant Award over $50,000? If yes, continue. If no, you do not need to submit this report. • Is $50,000 or more of the ACTIA Grant Award being used for all or part of a single Consultant contract? If yes, complete form. If no, you do not need to submit this report. • Submit once per year, with Progress Reports No.'s 2 and 4. Instructions: • Complete form for the Prime Consultant and all Subconsultants that are a part of the contract. If you have multiple contracts that meet the above requirements, you must report on all of these contracts. If multiple contracts, use an additional table for each additional contract. Does your Agency require or encourage LBE/SLBE participation in its Contracting Sponsor Name: Procedures? ACTIA Project No.: (Yes/ No) If yes, explain the requirements below or in an attachment. Progress Report No.: Date Submitted: Consultant/ Contract Amendment Amount Previous Current Total LBE SLBE Certified Tier Full Address Amount s to this of ACTIA Invoice to Invoice to Invoiced Certified? ~ (Y es Contractor Name (~) amount (+/- funds in ACTIA ACTIA to Date (to (Yes No ~ , ) Contract ACTIA) Unk) No, Unk) Prime Sub Sub TOTAL Project Manager's Assurance: I hereby certify that the information included here is true and accurate. Signature Date Page 20 of 25 ~ J ~J U~- a~ ACTIA Bicycle/Pedestrian Countywide Grant Fund Program Cycle 4 PROJECT PERFORMANCE MEASURES REPORT A09-0018 Project Performance Measures: Table D-1 describes what outcome-based performance measures you are evaluating to ensure that the project/program is meeting its objectives. Table D-1: Performance Measures Report No. Performance Measure (N°~e t~ Progress/Activity this Period 1 2 3 4 5 Notes: 1. List all performance measures included in application for Project submitted by Project Sponsor to ACTIA. Page 21 of 25 ACTIA Bicycle/Pedestrian Countywide Grant Fund Program Cycle 4 ATTACHMENT H SAMPLE ACTIA CONTRACT REPORTING FORM Form must be completed when the following is met: A09-0018 • Is ACTIA Grant Award over $50,000? If yes, continue. If no, you do not need to submit this report. • Is $50,000 or more of the ACTIA Grant Award being used for all or part of a single Consultant contract? If yes, complete form. If no, you do not need to submit this report. • Submit once per year, with Progress Reports No.'s 2 and 4. Instructions: • Complete form for the Prime Consultant and all Subconsultants that are a part of the contract. If you have multiple contracts that meet the above requirements, you must report on all of these contracts. If multiple contracts, use an additional table for each additional contract. Sponsor Name: ACTIA Project No.: Progress Report No.: Date Submitted: Does your Agency require or encourage LBE/SLBE participation in its Contracting Procedures? (Yes/ No) If yes, explain the requirements below or in an attachment. Consultant/ Contract Amendment Amount Previous Current Total LBE SLBE Certified C Tier Full Address Amount s to this of ACTIA Invoice to Invoice to Invoiced Certified? ~ ~ es ontractor Name (~) amount + - ( / funds in ACTIA A T to Date (to (Yes, No, , ) Contract C IA ACTIA) Unk) No, Unk) Prime Sub Sub TOTAL Project Manager's Assurance: I hereby certify that the ~ information included here is true and accurate. __C_ Page 22 of 25 ~ J ACTIA Birycle/Pedestrian Countywide Grant Fund Program Cycle 4 ATTACHMENT I SAMPLE ACTIA BICYCLE/PEDESTRIAN FUND GRANT PROJECT FINAL REPORT PROJECT SPONSOR: PROJECT TITLE: ACTIA PROJECT No: TOTAL MEASURE B FUNDS AWARDED TO PROJECT: FINAL MEASURE B GRANT AMOUNT EXPENDED: TOTAL PROJECT COST (All funding sources COMPLETION/APPROVAL DATE: a5~=~~~ A09-0018 FINAL PROJECT DESCRIPTION: (Provide a brief description of services provided, improvements constructed, and/or implemented in accordance with the 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 ofproject benefits.) FINAL COSTS AND FUNDING SOURCES: (In addition to submitting a final ACTIA Grant Reimbursement Request and final Contract Reporting form, please include a summary of the total project costs by task, and a list of all funding sources and amounts, including any additional local Measure B funds.) Page 23 of 25 z~~' ACTIA Bicycle/Pedestrian Countywide Grant Fund Program A09-0018 Cycle 4 PUBLICITY ^ Project information was available during the duration of the ACTIA grant, with a link to the ACTIA Web site, at the following web address: [enter Web addre.rrJ ^ Articles were published, highlighting this Project, on [enter date) in the following publication(s): PERFORMANCE MEASURES cumulative) ^ There were [enter total numberrJ trips provided during the grant funding period. ^ There were [enter total numberrJ people served during the grant funding period. ^ A final Performance Measures Report (Table D-1 from the Grant Funding Agreement) is attached to this Progress Report. ^ Performance Measures Report not included (Provide explanation below). Page 24 of 25 ACTIA Bicycle/Pedestrian Countywide Grant Fund Program Cycle 4 a~ ~ a~ A09-0018 Project Performance Measures: Table D-1 describes what outcome-based performance measures you are evaluating to ensure that the project/program is meeting its objectives. Table D-1: Performance Measures Report No. Performance Measure Target (cumulative) 1 2 3 4 5 Notes: 1. List all performance measures included in the grant funding agreement for Project. Page 25 of 25