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HomeMy WebLinkAboutMINUTES - 08012006 - C.22 TO: BOARD OF SUPERVISORS f ' Contra FROM: MAURICE SHIU, PUBLIC WORKS DIRECTOR x - ��xA ' "iz Costa County DATE: AUGUST 1,2006 °SrA------- SUBJECT: APPROVAL OF COOPERATIVE AGREEMENT AMONG COUNTY CALTRANS,AND THE CONTRA COSTA TRANSPORTATION AUTHORITY TO JOINTLY EXERCISE POWERS TO ACQUIRE PROPERTY FOR STATEROUTE 4 EAST WIDENING, LOVERIDGE TO SOMMERSVILLE PROJECT. SPECIFIC REQUEST(S) OR RECOMMENDATION(S) &BACKGROUND AND JUSTIFICATION RECOMMENDATION APPROVE and AUTHORIZE Public Works Director or designee to execute a Cooperative Agreement among Contra Costa County, the State of California (Caltrans) and the Contra Costa Transportation Authority for the acquisition of real property for the State Route 4 East Widening, Loveridge to Sommersville Project. FIND that the actions taken under the Cooperative Agreement will promote the interests of the County. FISCAL IMPACT The Contra Costa Transportation Authority (CCTA) will pay all costs and expenses associated with the County's participation in the matters covered by the Cooperative Agreement, including but not limited to County Counsel and Public Works staff time. All costs of property acquisition will be allocated between Caltrans and (CCTA). A)w CONTINUED ON ATTACHMENT: YeS /�P� SIGNATURE COMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE __1,t--APPROVE _OTHER SIGNATURE(S): ACTION OF BOARD ©7y 4 l / qC:�CD APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS (AB:iENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. Contact Person: Karen A.Laws,313-2228 n CC: Public Works, Real Prop.Div. ATTESTED �00 /dk & CQ County Counsel John Cullen,CLERA OF THE'BOARD OF CCTA(via Real Property) SUPERVIS COUNTY ADMINISTRATQR Caltrans(Via Real Property) / B EPUTY r� 'August 1,2006 Board of Supervisors Page 2 of 3 Approval of Cooperative Agreement Among County,Caltrans and CCTA for Acquisition of Property for Loveridge to Sommersville Road Project REASONS FOR RECOMMENDATION/BACKGROUND The project that is the subject of the Cooperative Agreement consists of the widening and improving of State Highway Route 4 from west of Loveridge Road to west of Somersville Road, reconstruction of the Loveridge Road interchange, and the replacement of the Century Blvd. overcrossing, together with the acquisition of land necessary for said project. On June 27, 2006, the County approved the proposed project and adopted the certified Environmental Impact Report . Historically, acquisitions of real property for County road projects funded by CCTA have been handled by the Real Property Division of the County's Public Works Department. However, recently Caltrans has asked to participate in the acquisition process. In response to this request, CCTA has agreed to have Caltrans assume responsibility for acquisition of the parcels involved in the Loveridge to Sommersville Project. Due to the cumbersome and time-consuming State procedures involved in adopting a resolution of necessity for State projects, the State has asked the County to consider entering into this Cooperative Agreement, which would allow Caltrans and the County to jointly exercise their powers of eminent domain pursuant to Code of Civil Procedure section 1240.140 and Streets and Highways Code section 760. Code of Civil Procedure section 1240.140 allows two or more public agencies to enter into an agreement for the joint exercise of their powers of eminent domain. Streets and Highways Code section 760 provides that if a county board of supervisors determines by a four-fifths vote that acquisition under this statute will promote the interests of the county and the acquisition is recommended in writing by Caltrans the board of supervisors, by a four-fifths vote may acquire property needed for State highway purposes. The statute allows the title to the property to be taken in the name of the State. The only action required of the board of supervisors under this statute is to determine whether to adopt the resolution of necessity and make the required findings. After that is done, the State may proceed to condemn the subject real property. The purpose of the Cooperative Agreement is to allocate responsibilities among CCTA, Caltrans and the County for the acquisition of property for the project including, but not limited to, the exercise of the power of eminent domain. The Cooperative Agreement does not constitute the creation of an agency or entity which is separate from the parties. A list of property or interests to be acquired pursuant to the Cooperative Agreement is attached as Exhibit A. 'August 1,2006 Board of Supervisors Page 3 of 3 Approval of Cooperative Agreement Among County,Caltrans and CCTA for Acquisition of Property for Loveridge to Sommersville Road Project Under the terms of the Cooperative Agreement if Caltrans is unable to acquire some or all of the property by negotiation, Caltrans may request in writing that the County hold one or more hearings for purposes of adopting one or more resolutions of necessity. Each hearing request will be submitted to the Real Property Division of the Public Works Department, along with sufficient information to enable the Real Property Division to determine whether it is appropriate to ask the Board to consider adoption of a resolution of necessity. Caltrans representatives will appear of the resolution of necessity hearings and will present the proposed resolutions to the Board. The Cooperative Agreement requires the State and CCTA to use project funds to defend, indemnify, save, protect and hold harmless the County from loss damage or liability resulting from the County's actions under the agreement. The Cooperative Agreement has been approved and executed by representatives of CCTA and Caltrans. If the County approves the Cooperative Agreement, it will become immediately effective on the date of Board approval. However, no action will be taken under the Cooperative Agreement until Caltrans and CCTA .have entered into a separate agreement providing for the funding of the activities of CCTA and Caltrans and have provided a copy of the agreement to County. CONSEQUENCES OF NEGATIVE ACTION If the Board does not approve this agreement and CCTA still elects to have Caltrans acquire the subject properties, acquisition of the subject properties and completion of the project is likely to take more time. 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'C L U vv a ee•ovveaeeea ee = trceEea > eee e'm-pe e, W EEE E E m a a E E E E m E E E• E _cw E E E m e E E E E m m E F• m c To m ,__ m- c m m-I c E a'm m m e ' n �" 8 8 7Y� L� �' 2S 8 E c� EU m� ��' g �Eggg 'EE 'Egg -Tg �. t9 � �u� mm �ay G) m m EEE �fEppE a EE mmmm E EE�(r IEEE EQ9 V E ^�Q n co f7�q M'^•4 NNNgU(N�w�dN{ N (V 4NN w rT`/�m0 Mp 6 V� `/JV �N O NN NN NN N NN q^TeN-��N�f� OR �N off 1O���q t010 N_Nj AN Q N�'' NNNN Nn fmNNrr N N�m Y c co mm�..�� s c d ODNOcp o't�nnr�.���a�n°f.mmgoo�m �mr� �nmm°'m IRISH Sol �e m amU rN M'a�Nmnm1421;1�1 M a{N NnmmO NM'QN amm Ute^m No Nf9 at 10(O��� e N NN NN N N�N 8N N NSM f9 M 1911 W (� a Caltrans 44-2055 CCTA#90.14.15 COOPERATIVE AGREEMENT AMONG COUNTY OF CONTRA COSTA, THE STATE OF CALIFORNIA, AND THE CONTRA COSTA TRANSPORTATION AUTHORITY FOR THE ACQUISITION OF REAL PROPERTY NECESSARY FOR TgE STATE ROUTE,4(E)WIDENING-LOVERIDGE To SOMFRSVULE PROJECT THIS AGREMMUis effective the IA-i5' dayof AUP4X 2006amongtheCOUNTY OF CONTRACOSTA,apolitical subdivision ofthe State ofCalifonfia(referred to herein as COUNTY), the STATE OF CALIFORNIA,actingbyandtbroughitr>DepartinentofTransportation(referredto herein as STATE),and the CONTRA COSTA TRANSPORTATION AUTHORITY,apublic entity(referred to herein as AUTHORrM pursuant to the provisions ofCalifornia Streets and Highways Code section 130. COUNTY,STATE and AUTHORITY are collectively referred to herein as the Parties. REGxTALS; A. The project that is the subject ofthis Agreement consists of the widening and improving of State Highway Route 4 from west off-overidge Roadto westofSornersville Road,reconstruction ofthe Loveridge Road interchange,and the replacement ofthe CenturyBlvd overcrossing,togetherwith the acquisition of land necessary for said project(hereinafter collectively referred to as"Project"}. B. STATE and COUNTY intend by this Agreement to jointly exercise theirpowers of eminent domain pursuant to Code ofCivii Procedure section 1240.140 and Streets andHighways Code Section 760. The purpose ofthis Agreement is to allocateresponsibilities as between AUTHORITY,STATE and COUNTY for the acquisition ofproperty necessary or convenient for the Project including,but not limited to,the exercise ofthe power of eminent domain.This Agreement does not constitute the creation of an agency or entity which is separate from the Parties. C. The property or interests therein to be acquired pursuant to this Agreement are listed in Exhibit A, attached hereto and incorporated herein by this reference(hereinafter theProperty). D. On July 21,2005,STATE approved the proposed Prej ect and adopted an Environmental Impact Report pertaining to this Project that was certified on July 2l,2005. On June 27,2006,COUNTY approved the proposed Project and adoptedthe certifiedEnvironmental hnpactReportpertaining to this Project. On October 19,2045,AUTHORITY approved theproposed Project and adopted the certified Environmental Impact Report pertaining to this Project The certified Environmental Impact Report authorizes the acquisition of the properties necessary for the Project. A Q R E E M K NT I Tenn.The term ofthis Agreement shall be from the effective date until the Property described in this Agreement is acquired by STATE and all related right-of-way activities for the Project are completed by STATE or June 30,2012,whichever shall first occur. 2. STATE'sObliggfiions STATE will be responsible for acquiring the Property necessary for the Project, STATE will exercise the necessary powers relating to property acquisition for the Project, Page I of 7 July 14,206 with tile exception ofholding resolution ofnecessitybearings. With that exception,STATE will have the power to take whatever steps are necessary to initiate and conduct to a conclusion such eminent domain proceedings as are necessary to obtain tide to any and all ofthe Property and,in connection therewith,to perform or enter into one or more contracts to obtain performance ofall required legal, engineering,appraisal,right-of-way,relocation assistance and related services. a. If STATE is unable to acquire some or all ofthe Propertybynegotiation,STATE may request in writing that COUNTY hold one or more hearing(s)pursuant to Streets and Highways Code Section 760 and Code of Civil Procedure section 1245.235 forpurpose of considering the adoption of one ormoreresolution(s)ofnecessity to acquire some or all ofthe Property necessary for the Project. Each hearing request shall be submitted to the COUNTY's Principal Real property Agent in the COUNTY's Public Works Department at least forty-five (45)days before the date requested forhearing on the applicable resolution ofnecessity and shall contain,in a complete and organized package,the documents and information described below,as well as any other information deemed necessary or helpful by COUNTY'sPublic Works Department COUNTY's Public Works Department will advise STATE whether further information is needed no later than twenty-five(25)days after receipt of'STATE's timely hearing request. (1) The name(s),address(es)and telephone number(s)ofthe STATE representatives making the request;the name(s),address(es)and telephone number(s)ofthe STATE representatives who will be appearing at the hearing on theresolution ofnecessityand the name(s),address(es)and telephone number(s)ofthe attorney(s)representing STATE in any proposed eminent domain action. (2) The name,address and telephone number of each person whose property interest is to be acquired by eminent domain and whose name and address appears on the last equalized county assessment roll. (3) A legal description(metes and bounds)and plat map(drawn to scale)ofthe property proposed to be condemned. (4) Copies ofthe Government Code section 7267.2 offers made to property owners, evidence that the offers were received and copies of any counter-offers. (5) A statement describing compliance with the Relocation Assistance Act. Acopy of any environmental impactreportaddenda,supplemental reports,or other applicable environmental documents,that have not previously been provided to COUNTY. STATE will undertake all activities in compliance with applicable laws and Department policy. (6) STATE will allow COUNTY Real Property staffto review the market value appraisal or appraisals for the subject Properties. STATE's allowing such review by specified COUNTY staff is not and shall not be construed to be a waiver ofthe confidentiality Page 2 of 7 July 14,2006 H,.kCONDPMVPACountyCaltransRON07-14-06ENAI—wpd of said appraisals and any COUNTY staffreviewing the appraisals shall maintain the confidentiality thereof. (7) A draft resolution ofnecessitythat complies with Code of Civil Procedure section 1245.230 and Streets and Highways Code section 760 in hard-copyand electronic format. (8) A draft Contra Costa CountyBoard Orderwhich details all ofthe facts and evidence that support the findings required by Code of Civil Procedure section 1245.23 0(c) and Streets and Highways Code section 760,in hard-copy and electronic format. (9) STATE will prepare and send out notices ofthe hearing on the resolution ofnecessity that comply with the alternate procedureadopted by COUNTY under Code of Civil Procedure section 1245.235,and provide copies to COUNTY's Public Works Department. b. STATE representatives will appear at resolution ofnecessity hearings,will present the proposed resolution(s)to COUNTY's governing body,will be prepared to answer the questions ofCOUNTY's governing body,and will introduce evidence and testiznonysufficient to support adoption ofthe proposed resolution ofnecessityand the findings contained therein. C. If COUNTY adopts a resolution of necessity, upon receipt of a certified copy of the resolution ofnecessity,STATE shall file any legal action in the name of STATE and shall handle all legal proceedings necessaryto obtainpossession and title to the Property. STATE will file any legal actions necessary to acquire the Property no later than six(6)months following the date of adoption of the resolution of necessity. All Property acquired by negotiation,settlement condemnation award or otherwise shall be acquired in the name of STATE. 3. C Obligations.COUNTY will conduct one or more public hearing(s)at which COUNTY Board of Supervisors will consider the adoption ofone or more resolution(s)ofnecessity. Upon receipt of a complete and timely request from STATE and satisfaction of all noticing requirements, COUNTY will hold ahearing pursuant to Streets and Highways Code Section 760 and Code of Civil Procedure section 1245.235 forpurposes of consideringthe adoption of a resolution ofnecessity to acquire some or all of the Property by eminent domain.If a resolution of necessity is adopted, COUNTY will forward a certified copy of the resolution ofnecessity to STATE at the address shown below within five(5)working days. 4. AUTHORITY's Obli Qations. AUTHORITY will administer this Agreement and will pay al l costs and expenses associated with COUNTY's participation in the matters covered by this Agreement including,but not limited to,costs associated with County Counsel and Public Works Department staff. Through September 30,2006,all services rendered by County Counsel's Office attorneystaff will be charged to AUTHORITY at the rate of$170.00 per hour. Through September 30,2006, services rendered by County Counsel's Office legal clerical staffwill be charged to AUTHORITY at the rate of$50.00 per hour. Commencing October 1,2006,County Counsel's billing rates maybe Page 3 of 7 July 14.2006 H:\CONDEMVPACountyCallransRON07-14-06FINALwpd adjusted annuallyupon thirty{30}days prior written notice to AUTHORITY.Billing statements will be submitted on no less than a quarterlybasis. All services rendered by Public Works Department staff shall be paid at the rates shown on Contract 181,as amended,previously entered into between AUTHORITY and COUNTY,and as it may be amended from time to time. Said rates may be adjusted in accordance with the usual practice between the Public Works Department and AUTHORITY;and billing statements shall be submitted in accordancewith usual practices between the Public Works Department and AUTHORITY. Reasonable expenses will be billed at the actual cost incurred. Compensation payable byAUTHORITY to COUNTY under this Section 4 shall not exceed$5,000 without further written agreement of COUNTY and AUTHORITY. 5. Costs and Expenses of PronertyAcaui§Won. COUNTY will have no responsibility to pay any ofthe costs or expenses related to acquisition of the Property.These costs will be paid by,and have been or wil l be allocated between,STATE and AUTHORITY by separate agreement.These costs and expenses include,but are not necessarily limited to the following: a. The deposit necessary to obtain immediate possession of the Property. b. The purchase price or compensation for the Property,whether determined tirrough settlement, judgment or otherwise. C. The cost of relocation assistance and related services,including relocation benefits,if any. d. Compensation for loss of business goodwill,if any. e. The cost of preparing environmental documents and performing environmental review necessary to comply with the provision of the California Environmental Quality Act. f. Legal,engineering,appraisal,attorneys'and witness fees,costs ofsuit,and other litigation expenses,whether incurred prior to trial,at trial or on appeal. g. Costs payable upon abandonment of the condemnation proceedings. h. Costs awarded upon a finding of no or insufficient public use or necessity. i. All other costs for right-of-way activities. 6. Indemnification.To the fullest extentpermittedby California law,STATE and AUTHORITY agree to use Prof ect funds to defend,indemnify,save,protect,and hold harmless COUNTY,its governing body,officers,and employees from and against any and all loss,damage,liability,expense,claims or demands ofwhatever character,direct or consequential,including but not limited to attorneys fees and court costs,challenging the legality of any aspect of this Agreement or otherwise arising from or connected with any action taken by COUNTY,its agents,employees,departments,officers or officials pursuant to this Agreement.COUNTY's right to be defended,indemnified,saved,protected and held harmless hereunder shall be unaffected by the concurrent,active or passive negligence or wrongful conduct of COUNTY or any other person or entity.This provision applies.to,but is not Page 4 of 7 July 24,2006 H:tCONDBMUPACoantyCaltransR{}N07-14-06FINAL.wpd limited to,any inverse condemnation actions brought as a result of STATE's failure to commence an eminent domain action for the subject Propertywithin six(6)months after the date of the adoption of anyresolution ofnecessitybyCOUNTY's govemingbody.The Parties'rights and obligations under this section shall survive termination of this Agreement. 7. EntireAgreement.Amendments. Except as provided in Section 8 hereinbelow,the Parties have herein set forth the whole oftheir agreement.All prior understandings or agreements,oral or written, ofwhatsoever nature regarding this matter are superseded and terminated by this Agreement and are hereby abrogated and nullified. This Agreement shall not be modified in anymanner except byan instrument in writing executed by the Parties or their respective successors in interest. 8. Other Agreements.There are other agreements among the Parties which pertain to this Project. Except as specifically provided herein,this Agreement is not intended to alter or supercede those agreements.The terms of this Agreement shall take precedence only over any conflicting terms in any of the other agreements as they relate to the Property acquisition issues specifically addressed in this Agreement. If there is adispute as to whether another agreement has been superceded by or conflicts with this Agreement,the Parties will meet and confer in good faith to resolve the issue. 9. Notices.Anynotice required under this Agreement will be in writing and personally delivered,or sent by first-class mail,overnight delivery,or facsimile,to the following: COUNTY: County of Contra Costa Public Works Department Attn:Karen A.Laws Principal Real Property Agent 255 Glacier Drive Martinez,CA 94553 Facsimile: (925)646-0288 Copy to: County of Contra Costa Office of County Counsel Attn: Chief Assistant County Counsel 651 Pine Street,91 Floor Martinez,CA 94553 Facsimile: (925)646-1078 [Remainder of page left intentionally blank] Page 5 of 7 July 14,2006 H:ICONDEMVPACountyCaltransRON07-14.06FINAL.wpd AUTHORITY: Paul Maxwell Chief Deputy Executive Director,Projects Susan H.Miller Director,Projects Contra Costa Transportation Authority 3478 Buskirk Avenue,Suite 100 Pleasant Hill,CA 94523 Facimile(925)407-0128 STATE: Laurie Lau California Department of Transportation Regional Project Panager 111 Grand Avenue P.O.Box 23660 Oakland,CA 94623 Facsimile(510)286-5136 10. iatelAuthorit rQMerativeA Bement-No action will be taken under this Agreement by COUNTY or STATE until STATE and AUTHORITY have entered into a separate cooperative agreement providing for the ftmdingoftheseactivitesand STATE and AUTHORITYhaveprovidedacopyoftheseparate agreement to COUNTY. 11. Countemarts. This Agreementmay be signed in counterparts and shall become effective upon its execution by the Parties hereto,each copy having the same force and effect as an original. (Remainder ofpage left intentionally blank] Page 6 of 7 July 14,2006 H:ICONDEMUPACountyCaltmnsRON07-14-06FINAL.wpd 12. Severability.ShouldanyprovisionofthisAgreonmitbeheldtobeinvalid orunenforceablebyacourt of competent jurisdiction,such holding shall not affect the remaining provisions of this Agreement. CONTRA COSTA COUNTY CON COSTA TRANSPO TATION AUTHO . By. Desi_ee aurice Shiu on Id P.Frei ,Chair Public Works Director Date: Date: '79on;T) O FORM: ATTEST: By:: nderson Robert K.McCleary Chief Assistant County Counsel Executive Director Date: APPROVED AS TO FORM: STATE OF CALIFORNIA: Department of Transportation By:: Stanley Taylor Will Kempton,Director Authority Legal Counsel By: uty Director,Pef 5A Date: APPRQ\VED S T FORM AND.PROCEDURE: By: . G^ Attorney,Departmed ofansportation CERTIFIE AS TO F`UN`DS: By: District Budget Manag CERTIFIED AS TO FIN;ANr TERMS AND POLICIES: By: Accounti 'strator SLA:la Page 7 of 7 July 14,2OD6 H:\GONDE"ACcumyC&ItmnsRON07-I44)6FJNAL:wpd t i I i 12. Severabili . Should anyprovisionofthisAgreementbeheldtobeimalidorunenforceablebyacourt of competent jurisdiction,such holding shall not affect the remaining provisions of this Agreement. CONTRA COSTA COUNTY CONT COSTA TRANSPORTATION AUTHO TY By: y:• Designee,Maurice Shiu Don Id P.Freitas, it Public Works Director Date: Date: APPROVED.AS TO FORM: ATTEST: c By: ' By:: Sharon L.Anderson Rob McCleai Chief Assistant County Counsel Executive-Diiector Date. APPROXMA S TO F STATE OF CALIFORNIA: ►�� Department of Transportation By:: G Stanley aylor Will Kempton,Director Authority Legal Counsel By: Deputy Director Date: APPROVED AS TO FORM AND.PROCEDURE: By: Attorney,Department of Transportation CERTIFIED AS TO FUNDS: By: District Budget Manager CERTIFIED AS TO FINANCIAL TERMS AND POLICIES: By: Accounting Administrator SLA:la Page 7 of 7 July)4,2006 RACONDEWPACouniyColimoSRON07-14-06MAI;wpd Exhibit A d _ N av�apall W $ ,M7 NNI co v N F 7 N �a 4 01 N�01 E !� m W m r10 M•p 0,0.pN mm m CD W � h N N r M N O d.p N O1 M t°O 10 d E m y m M lL d N mn 1717 O �O.^m t0 !- N ORO 4 p pp s ,NO p� �ppO p p ,y b�1pO0 ��pOO Wmfm°mR Iy.9OQI OQl `YyN}• Np `QQ.p@ m a m ca00 y •�O � a m �N �n afS m UE IL m aD c c Hca q °a X830 ���'� l7�aa�ma�cv>z �� 0 'E = W 9L J o o � �o acu mae�e .xd IL `gyp 0 tai v �V VNN q t�vvp 805�' Q�p °ig�mm•$ px raca U ICQ C�0 Y gy (718��u�i N�mr$ffiCiCWJmmN$� m � WUEmm Ov cm 00000 as0oxoym�aavv< O ao al°dm m $a�a0 $ 4 Naa^bN'a4Q O�NaawgmN$N d oo NN (n$ S� p Ng7 N NN N � N a O Rnr�O k � v mQ LO a R 1�{�{7{J O e h OFA aig 0:333 AA�a aaa�o O O OO �a� Z $ 4 �� m ga- �waa w w c¢m mv U! 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Ucc?J Qi�i,N_J,,1Jp,,1,0C'�,,NL � �dG��.���m��NP06n���l�. 2� n �YYndo33�Z3� �� N�pNbOfa�Q r�`�aQf�p1�m�ji+n5�A A5�N�ph� n�p�5�$010�p00�p�p�' AOz � J $ N N t°7MC 8$ �d tOWm(D tOfODm��lO1�IDfDfpO Of�S DfO(OialOfO � � 8 �� � m 17a�Om Y am V'•N 17010 mhm W O•'N/70�mh 0001N NNNNNANXNNNNp(O aN7 l7 W 4 r � CONTRA COSTA TRANSPORTATIONAUTHORITY Resolution#03-02-P RE: Authorization for the Chair of the Authority to Execute Cooperative .Agreements,Contribution Agreements and Joint Exercise of Powers Agreements with Caltrans WHEREAS,the Contra Costa Transportation Authority is actively involved,in partnership with Caltrans,in all aspects of project development on state highways including preliminary engineering,environmental clearance and construction;and WHEREAS,from time to time such partnerships require the execution of formal agreements between the Authority and the State;and WHEREAS,Caltrans procedures require a formal action by resolution of the Authority authorizing the responsible person to execute each agreement on behalf of the Authority; NOW THEREFORE BE IT RESOLVED,that the Authority Chair is authorized to execute on behalf of the Authority,each and every project-related Cooperative Agreement,Contribution Agreement or Joint Exercise of Powers Agreement with Caltrans;and THEREFORE BE IT FURTHER RESOLVED,that nothing in this resolution shall supersede any prior delegations of authority to the Executive Director in the execution of any agreements with Caltrans, Julie Pierce,Chair This RESOLUTION was entered into at a meeting of the Contra Costa Transportation Authority held February 19,2003 in Pleasant Hill,California Attest: Robert� cecutive Dire for CONTRA COSTA DATE 17 fuLi, ZOO � CER IEt? 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