HomeMy WebLinkAboutMINUTES - 08042009 - C.01RECOMMENDATION(S):
APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a
Memorandum of Understanding with the Contra Costa Transportation Authority for the
advancement of funds for the Vasco Road Safety Improvement Project, as recommended by
the Public Works Director, Brentwood area. County Project No. 0662-6R4254 (District III)
FISCAL IMPACT:
None. There is no fiscal impact to the General Fund.
BACKGROUND:
The Vasco Road Safety Improvement Project is being funded through federal stimulus,
federal earmark, Proposition 1B, Measure C/J and other local funds. The project is estimated
to cost $18 million, of which $10 million is to be funded by the federal stimulus bill. The
federal stimulus dollars have a very specific and tight timeline for the use of these funds.
The funds
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 08/04/2009 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I
Supervisor
Gayle B. Uilkema, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Susan A. Bonilla, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: Chris Lau,
925-313-2293
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: August 4, 2009
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: EMY L. SHARP, Deputy
cc:
C. 1
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:August 4, 2009
Contra
Costa
County
Subject:Memorandum of Understanding with Contra Costa Transportation Authority - Vasco Road Safety
Improvement Project
BACKGROUND: (CONT'D)
are to be obligated by the end of November 2009, and a contract awarded by the end of
December 2009. The project is scheduled to go to construction as early as Spring of 2010.
The local match for this project is $8 million. Proposition 1B funds are a large
component of the County's local portion for this project and given the availability of
Proposition 1B revenue is intermittent and dependent on the State's ability to sell bonds,
the Contra Costa Transportation Authority (CCTA) has offered to advance to the County
the necessary funds up to $8 million to cover the local portion until such time the County
is able to repay CCTA.
This Memorandum of Understanding (MOU) formalizes the agreement between the
County and CCTA for the advancement of funds.
CONSEQUENCE OF NEGATIVE ACTION:
Failure to approve and execute the MOU will eliminate this source of advanced funding
for the construction and delivery of the Vasco Road Safety Improvement Project. Lack of
funding will result in the cancellation of this project and will not allow the use of federal
stimulus dollars.
CHILDREN'S IMPACT STATEMENT:
ATTACHMENTS
Copy of MOU
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MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
CONTRA COSTA TRANSPORTATION AUTHORITY
FOR THE VASCO ROAD SAFETY IMPROVEMENTS PROJECT
This MEMORANDUM OF UNDERSTANDING (“MOU”), dated as of the __ _ day of
___________, 2009, is entered into by Contra Costa County, a political subdivision of the State
of California (hereinafter referred to as the “COUNTY”), and the Contra Costa Transportation
Authority, a local public entity (hereinafter referred to as “AUTHORITY”).
RECITALS
A. Vasco Road is a commute corridor located in East Contra Costa County connecting the
east county cities to the Interstate 580 corridor. The section of road located in Contra
Costa County is approximately 11 miles in length and carries upwards of 22,000 vehicles
per day.
B. COUNTY intends to construct safety improvements which include the construction of a
concrete median barrier and pavement widening for passing lanes for a project length of
approximately one mile, as shown on Exhibit A, attached hereto and incorporated herein
(hereinafter “PROJECT”). The project also includes bridge widening, retaining walls,
clean water improvements, signing and striping, and environmental mitigations.
C. COUNTY is eligible to receive federal stimulus funds as part of the American Recovery
and Reinvestment Act of 2009 in the amount of $10 million to fund a portion of the
PROJECT. The remaining cost of the project is to be funded by COUNTY.
D. Proposition 1B funds designated for the PROJECT are not currently available.
E. The parties intend to define herein the understanding by which the AUTHORITY is to
advance funds for the PROJECT.
NOW, THEREFORE, the parties do hereby mutually agree as follows:
SECTION I
AUTHORITY AGREES:
A. To advance to the PROJECT up to $8,000,000 from Measure C/J funds on behalf of
COUNTY, subject to reimbursement as provided in Section II below.
B. AUTHORITY’s total obligation for PROJECT is not to exceed $8,000,000.
C. To pay COUNTY within thirty (30) days after receipt of each monthly billing, and to
continue making such payments until the earlier of the date the PROJECT is completed
or until AUTHORITY’s “not to exceed” obligation has been met.
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SECTION II
COUNTY AGREES:
A. To act as PROJECT proponent and procuring agency responsible for the overall
management (such as schedule, budget, and oversight of consultants), design, and
preconstruction activities.
B. To submit invoices to AUTHORITY, with specific details of all costs incurred during the
invoice period.
C. To retain all books, document papers, accounting records and other evidence pertaining
to costs for at least three (3) years after the PROJECT is completed.
D. Measure C/J funds advanced by AUTHORITY on behalf of COUNTY will be reimbursed
from County’s Proposition 1B and Measure J – Return to Source funds. Interest cost will
be based on the actual County Pooled Investment Earnings Account rate in effect for the
period.
E. To fully fund PROJECT with COUNTY reimbursing AUTHORITY for the advancement of
funds as set-forth in Article F of Section II of this MOU.
F. To fully reimburse to AUTHORITY the entire balance of funds advanced for PROJECT
plus interest by no later than June 30, 2014.
SECTION III
IT IS MUTUALLY AGREED:
A. Purpose. The purpose of this MOU is to set forth the parties’ goals and expectations
with respect to advancement of AUTHORITY funding for PROJECT.
B. Approval of MOU. This MOU is not effective unless approved by the governing bodies
of COUNTY and AUTHORITY.
C. Counterparts. The parties hereto recognize and agree that separate counterpart
signature pages may be used to execute this MOU, but that all such pages constitute
one and the same MOU.
D. Construction. The section headings and captions of this MOU are, and the arrangement
of this instrument is, for the sole convenience of the parties to this MOU. The section
headings, captions and arrangement of this instrument do not in any way affect, limit,
amplify or modify the terms and provisions of this MOU. This MOU will not be construed
as if it had been prepared by one of the parties, but rather as if all parties have prepared
it. The parties to this MOU and their respective counsel have read and reviewed this
MOU and agree that any rule of construction to the effect that ambiguities are to be
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resolved against the drafting party will not apply to the interpretation of this MOU. The
recitals are, and will be enforceable as, a part of this MOU.
E. No Third Party Beneficiaries. This MOU is intended solely for the benefit of the parties
hereto, and no third party will have any right or interest in any provision of this MOU or
as a result of any action or inaction of any party in connection therewith.
F. Governing Law and Venue. This MOU will be governed and construed in accordance
with California law. The venue of any litigation pertaining to this MOU will be Contra
Costa County, California.
G. Liability and Indemnification. County will indemnify and hold harmless Authority and its
officers, agents, employees and volunteers from and against any and all claims,
damages, losses and expenses to the extent caused by its negligent or intentional acts
or omissions, including attorney fees arising out of the Project and the federal earmark
requirements. Authority will indemnify and hold harmless County and its officers,
agents, employees and volunteers from and against any and all claims, damages,
losses, and expenses to the extent caused by its negligent or intentional acts or
omissions, including attorney fees arising out of the Project and the federal earmark
requirements.
G. Each of the COUNTY and the AUTHORITY renders its services under this MOU as an
independent agency. None of COUNTY’S or the AUTHORITY’S agents or employees
shall be agents or employees of the other party to this MOU.
H. No amendment, alteration or variation of the terms of this MOU shall be valid unless
made in writing and signed by the parties hereto, and no oral understanding or
agreement not incorporated herein shall be binding on any of the parties hereto.
I. Any notices that may be required under this MOU shall be in writing and shall be
delivered by hand delivery, electronic delivery with electronic confirmation of delivery or
by certified or express mail, addressed to the other party as follows:
COUNTY: AUTHORITY:
Contra Costa County Contra Costa Transportation Authority
255 Glacier Drive 3478 Buskirk Avenue, Suite 100
Martinez, CA 94553 Pleasant Hill, CA 94523
Attn: Public Works Director Attn: Executive Director
FAX: 925-313-2333 FAX: 925-256-4701
CONTRA COSTA COUNTY
CONTRA COSTA
TRANSPORTATION AUTHORITY
By:_____________________________ By:_____________________________
Public Works Director Maria T. Viramontes, Chair
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Approved as to form: Attest:___________________________
Silvano B. Marchesi
County Counsel
Robert K. McCleary,
Executive Director
By:______________________________
Deputy County Counsel
Approved as to form:
Authority Counsel
________________________________
Stanley S. Taylor III
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Proposed
Project
Area