COOPERATIVE FUNDING AGREEMENT
BETWEEN THE EAST BAY REGIONAL PARK DISTRICT AND CITY OF RICHMOND FOR
POINT MOLATE BAY TRAIL PROJECT
This Cooperative Funding Agreement, hereinafter referred to as "AGREEMENT", made and entered into on the L/ day of ALQUS-2021, by and between the East Bay Regional Park District, hereinafter referred to as "EBRPD" and City of Richmond, hereinafter referred to as "RICHMOND".
WITNESSETH
WHEREAS, EBRPD has received grant funding on behalf of the California Natural Resources Agency, Metropolitan Transportation Commission, and State of California Department of Parks and Recreation for the 1.25-mile extension of the Bridge to Beach extension of the Sar WHEREAS, RICHMOND has also received grant funding on behalf of the California Natural Resources Agency and State of California Coastal Conservancy for the 1.25-mile extension of the Beach to Winehaven extension of the San Francisco Bay Trail at Point Molate; and
WHEREAS, EBRPD is willing to implement the Bridge to Beach extension of the San Francisco Bay Trail and the Beach to Winehaven extension of the San Francisco Bay Trail segments; and
WHEREAS, both segments comprise the 2.5-mile extension of the San Francisco Bay Trail at Point Molate, hereinafter referred to as "PROJECT," and will provide previously inaccessible shoreline to the public and create safe public access to a scenic stretch of shoreline; and WHEREAS, the PROJECT will include trail construction and construction management; and WHEREAS, EBRPD and RICHMOND mutually desire to cooperate in completing the PROJECT as it will minimize costs and promote efficiency, and to specify herein the terms and conditions under which the PROJECT will be implemented.
NOW, THEREFORE, it is mutually agreed as follows:
SECTION !
EBRPD AGREES:
1) To implement the PROJECT, including but not limited to the design and development elated administration of the construction contraci
To oversee the necessary construction work for the PROJECT on RICHMOND's property. EBRPD will contract and manage a construction management firm to oversee the PROJECT's construction. EBRPD will be the sole point of contact to the construction management firm.
Cooperative Funding Agreement
Point Molate Bay Trail Project
3) To invite RICHMOND to attend recurring construction meetings, site visits, final inspections, etc. for construction on RICHMOND's segment of the PROJECT. 4) Provide recurring written updates, as well as any proposed changes from the Contract Documents, on PROJECT.
5) Provide assistance with grant progress reports during grant agreement performance period.
6) Prepare and provide invoices for RICHMOND's segment of PROJECT.
SECTION I!
RICHMOND AGREES:
1) To provide EBRPD (and its contractors and consultants) access to Richmond's property on which the PROJECT is to be completed.
2) To waive the encroachment permit fee and assist with expediting application process. 3) To review any proposed changes from the Contract Documents and provide written response to EBRPD within five business days.
4) To process EBRPD monthly progress reimbursement requests and reimburse EBRPD for 5) After completion of the work described in Exhibit "A", Richmond agrees to take Pay Trail for oh. Poling regend acceptance, END Nil noz esponsible on the maintenance and repair of the Richmond portion.
SECTION !!I
IT IS MUTUALLY AGREED AS FOLLOWS:
(1) This AGREEMENT may be amended or canceled by mutual consent in writing of the parties.
EBRPD agrees to indemnify and hold harmless RICHMOND, its, officers, agents, 20f6
Cooperative Funding Agreement
Point Molate Bay Trail Project
RICHMOND agrees to indemnify and hold harmless EBRPD, its Board of Directors, officers, agents, employees and assigns from and against any and all loss, damage, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, from and against any ss, damage, liability, claims, suits, costs and expenses or other claim for damages based upon ‹ herwise arising out of the RICHMOND;s performance of RICHMOND's obligations under th AGREEMENT save and except for those which are the result of the negligence and/or willful (4) Notices regarding this AGREEMENT shall be sent by first class mail, postage prepaid, to EBRPD at General Manager, P. O. Box 538l, Oakland, CA 94605-0381, to RICHMOND at City Manager, 450 Civic Center Plaza, Richmond, CA 94804.
This AGREEMENT shall run through completion of the PROJECT, unless otherwise terminated or amended except that the provisions of Section lil, subsections 2 and 3 shall survive the completion of the PROJECT.
(6) 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. (7) This AGREEMENT shall be interpreted and enforced under the laws of the State of California.
(8) If any provision or provisions of this AGREEMENT shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed by their respective officers, duly authorized as of the day, month, and year first hereinabove written
CITY OF RICHMOND EAST BAY REGIONAL PARK DISTRICT
(Signature of Authorized Representative) (Signature of Authorized Representative) Laura Snideman Sabrina B. Landreth
(Print Name of Authorized Representative) (Print Name of Authorized Representative) Ticle: City Manager Title: General Manager
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bistrict Coansel
East Bay Regional Park District
Cooperative Funding Agreement
Point Molate Bay Trail Project
Date: _ 8/3/2021 Date: 8/27/2021
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ooperative Funding Agreemen
'oint Molate Bay Trail Projec
Exhibit A
PROJECT BUDGET
SF Bay Trail: Point Molate Project Costs
EBRPD - Richmond/San Rafael Bridge to Pt. Molate Beach Park (1.25 mi.) Engineer's Construction Estimate - 2021 $3,579,618
10% Contingency $357,962
Total Engineer's Estimate $3,937,580
Construction Management (12%) $472,510
Total Construction Estimate $4,410,089
Richmond - Pt. Molate Beach Park to Wine Haven (1.25 mi.) Engineer's Construction Estimate - 2021 $2,726,023
10% Contingency $272,602
Total Engineer's Estimate $2,998,625
Construction Management (12%) $359,835
Total Construction Estimate $3,358,460
Total Estimated Construction Costs for Segments A and B $7,768,549 Funding Sources
EBRPD Construction Budget
PCA $ 1,000,000
Prop 68 - Trails & Greenways $ 1,202,830
CA Rec Trail Program $ 900,000
Measure WW, Measure CC, Other $ 1,307,259
Total $ 4,410,089
Richmond Construction Budget
Cicy Funds $ 1,358,460
PCA Grant Funds $ 1,000,000
Prop 68 - Trails & Greenways $ 1,000,000
Total $ 3,358,460
PROJECT MAP
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Cooperative Funding Agreement
Point Molate Bay Trail Project
San Francisco Bay Trail
East Bay Pt Molate - City of Richmond Sice Plan
Regiona Part. Districe
SF Bay Trait
• a = EBRPD Trai Alignment
7r Richmond Trail Alignment
Proposed
Schematic
EBRFD Existing
Future Easement Area
(Chevron)
Proposed
5F Bay Trail
(1.25ml - Richmond)
ity ol Richmond's Staging Area
ndead roperty Picinc Area
Bathroom
Proposed
5F Bay Trail
(1.25 ml. - EBRPD Easement)
Public Access from
LOCATION HAP Poink Richmand
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