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HomeMy WebLinkAboutMINUTES - 08112009 - C.01RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a Memorandum of Understanding with the City of Brentwood for the transfer of federal earmark funds to the County 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: 08/11/2009 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 11, 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 11, 2009 Contra Costa County Subject:Memorandum of Understanding with City of Brentwood - 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, of which $496,000 is from a federal earmark. In 2005, the City of Brentwood requested a federal earmark on behalf of Contra Costa County for improvements on Vasco Road. This funding would implement the first phase of improvements, which the Public Works Department has identified and currently has in design. All federally funded projects are to be processed through Caltrans. As requested by Caltrans, the Public Works Department is being asked to provide documentation that the City of Brentwood agrees that the federal earmark will be used by the County for the Vasco Road Safety Improvement Project. This Memorandum of Understanding (MOU) formalizes this agreement to transfer federal earmark funds to the County for its use on the Vasco Road Safety Improvement Project. CONSEQUENCE OF NEGATIVE ACTION: Failure to approve and execute the MOU will eliminate this source of federal earmark 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 earmark dollars. CHILDREN'S IMPACT STATEMENT: ATTACHMENTS MOU with Brentwood MEMORANDUM OF UNDERSTANDING BETWEEN CONTRA COSTA COUNTY AND CITY OF BRENTWOOD 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 City of Brentwood, a municipal corporation of the State of California (hereinafter referred to as “City”). RECITALS A. Vasco Road is a commute corridor located in the East County, connecting eastern Contra Costa County, including the City, to job centers in the Tri-Valley and Silicon Valley. The section of road located in Contra Costa County is approximately 11 miles in length and carries upwards of 22,000 vehicles per day. Since 1996, there have been multiple collisions on Vasco Road resulting in a number of injuries and fatalities. B. The County intends to make safety improvements to Vasco Road, which include the construction of a concrete median barrier and widening the pavement for passing lanes on the portion of Vasco Road shown on Exhibit “A,” as well as bridge widening, constructing and improving retaining walls, making clean water improvements, signing and striping pavement, and performing environmental mitigation and is anticipated to commence in Spring 2010 (“Project”). C. On behalf of the County, the City has requested and received an allocation for a federal earmark in the amount of $496,000 to fund the Project. The parties desire that City transfer the federal earmark directly to County and that County be fully responsible for all obligations and requirements of receipt of the earmark. UNDERSTANDING 1. Purpose. The purpose of this MOU is to set forth the parties’ goals and expectations with respect to commitment of federal earmark funding for the Project. This MOU is not intended, and shall not be construed, to create any rights that do not otherwise exist under the law. 2. Use of the Federal Earmark Funding; Indemnity. City, as the sponsoring agency, commits to the County, the implementing agency, the use of the $496,000 federal earmark or whatever amount the City receives (“earmark”) for the Project. County agrees that the earmark will be used solely for the Project. County is not required to reimburse the City for the earmark. The City shall make a good faith effort to obtain the earmark funds; however, if City receives an earmark in an amount that is less than originally anticipated the City is not liable to compensate County for the difference. The City wishes that the federal funds be received directly by the County for sole use for the Project. In the event that federal funds for the Project are issued to the City, the City shall pass through to County the total earmark received within sixty (60) days from receipt. County is responsible for complying with all requirements and obligations related to the Project, including any federal requirements regarding the earmark that are applicable to County as the implementing agency. County will indemnify and hold harmless City and its officers, agents, employees and volunteers from and against any and all claims, damages, losses and expenses including attorney fees arising out of the Project and the federal earmark requirements, except to the extent caused by the gross negligence or willful misconduct of City. 3. Approval of MOU. This MOU is not effective unless approved by the governing bodies of the County and the City. 4. 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. 5. 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 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. 6. 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. 7. 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. CONTRA COSTA COUNTY: CITY OF BRENTWOOD: By:________________________________ By:________________________________ Public Works Director Donna Landeros, City Manager ATTEST: By:________________________________ Margaret Wimberly, City Clerk APPROVED AS TO FORM: Silvano B. Marchesi County Counsel APPROVED AS TO FORM: By:________________________________ By:________________________________ Deputy County Counsel Damien Brower, City Attorney Exhibit A Site Plan Vasco Road Safety Improvements Project Proposed Project Area