HomeMy WebLinkAboutMINUTES - 10041994 - H.1ABC 1 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
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5 Re: Condemnation of Property for RESOLUTION AMENDING
the State Route 4/Bailey Road RESOLUTION OF NECESSITY
6 Interchange Improvement Project, NO. 93/266
W. Pittsburg Area Project
7 No. 4660-6X4158 Resolution No. 94/500
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11 The Board of Supervisors of Contra Costa County, California by a vote of two-thirds
12 or more of its members RESOLVES, FINDS,DETERMINES AND DECLARES THAT:
13 1. At a public meeting and hearing on April 27, 1993, the Board of Supervisors of
14 Contra Costa County, California(hereinafter referred to as "the Board") adopted RESOLUTION
15 OF NECESSITY NO. 93/,'.266 by a unanimous vote, a copy of which is attached hereto as
16 Exhibit B and incorporated herein by reference.
17 2. RESOLUTION OF NECESSITY NO. 93/226 authorized the acquisition of
18 Parcels 51260-1, 51260-2, 51260-3, and 51260-5 (hereinafter referred to as "Subject Property"),
19 among other parcels since acquired, by eminent domain.
20 3. RESOLUTION OF NECESSITY NO. 93/226 contains a general statement of the
21 public use for which the Subject Property is to be taken, as distinguished from a detailed
22 description of the project for which Subject Property is required.
23 4. The general statement of the public use contained in RESOLUTION OF
24 NECESSITY NO. 93/:'266 was intended by the Board to describe public use for a road
25 reconstruction project for the integrated intermodal transportation project described in the State
26 Route 4/Bailey Road Interchange Project Environmental Impact Report dated September 1991
27 ("the EIR").
28 5. It is the purpose of this resolution amending RESOLUTION OF NECESSITY NO.
93/226 to clarify the general statement of public use contained in RESOLUTION OF
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1 NECESSITY NO. 93/226 by describing in more detail the intended public use together with the
2 statutes that authorize the acquisition of the property required for said public use and described
3 therein.
4 The Board of Supervisors of Contra Costa County, California by a vote of two-thirds
5 or more of its members RESOLVES, FINDS, DETERMINES AND DECLARES THAT:
6 1. RESOLUTION OF NECESSITY NO. 93/226 is hereby amended and the
7 amendments thereto are set out in RESOLUTION OF NECESSITY NO. 93/226 AS AMENDED,
8 a copy of which is attached as Exhibit "A" incorporated herein by reference as if set out in full.
9 2. The findings set out in RESOLUTION OF NECESSITY NO. 93/226 AS
10 AMENDED, Exhibit "A" are hereby adopted, found, determined and declared by the Board of
11 Supervisors, and said findings are incorporated herein by reference as if set out in full.
12 On September 15, 1994, notice of the County's intention to amend RESOLUTION OF
13 NECESSITY NO. 93/226 as RESOLUTION OF NECESSITY NO. 93/226 AS AMENDED for
14 acquisition by eminent domain of the real property described in Appendix "A" therein was sent to
15 persons whose names appear on the last equalized County Assessment role as owners of said
16 property. The Notice specified October 4, 1994, at 11 a.m. in the Board of Supervisors Chambers
17 in the Administration Building, 651 Pine Street, Martinez, California, as the time and place for the
18 hearing thereon.
19 The hearing was held at that time and place, and all interested parties were given an
20 opportunity to be heard. Based upon the evidence presented to it, this Board finds, determines and
21 hereby declares the following:
22 1. The public interest and necessity require the proposed project.
23 2. The proposed project is planned and located in the manner which will be most
24 compatible with the greatest public good and the least private injury.
25 3. The property described therein is necessary for the proposed project.
26 4. The offer required by and consistent with section 7267.2 of the Government Code,
27 together with the accompanying statement of the amount established as just
28 compensation, was made to the owner or owners of record.
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1 5. All conditions necessary to establish the right to take the property required for the
2 project have been complied with.
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4 PASSED and ADOPTED on October 4 , 1994, by the following vote:
5 AYES: Supervisors Smith, Bishop, DeSaulnier, Torlakson and Powers
6 NOES: None
7 ABSENT: None
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10 I HEREBY CERTIFY, that the foregoing resolution was duly and regularly introduced,
11 passed and adopted by the vote of two-thirds or more of the Board of Supervisors of Contra Costa
12 County, California, at a meeting of said Board on the date indicated.
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14 Dated: October 4 , 1994.
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16 1 hereby ce"Ify that this is a true and coneCt copy of
an action taken and entered on the minutes Of the
17 Board of Sunff opt date shown.
ATTESTED: 4 1994
PHIL BATCHELOR Clerk of the Board
18 of Supervisors and unty Administrator
19 By AV Deputy
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1 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
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5 Re: Condemnation of Property for RESOLUTION OF NECESSITY
the State Route 4/Bailey Road NO. 93/266 AS AMENDED
6 Interchange Improvement Project,
Bay Point Area Project RE-ADOPTED AS RESOLUTION OF
7 No. 4660-6X4158 NECESSITY NO. 94/501
8 (C.C.P. §1245.230)
(C.C.P. §1240.610)
9 (C.C.P. §1240.510)
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12 The Board of Supervisors of Contra Costa County, California, by vote of two-thirds of its
13 members RESOLVES, FINDS, DETERMINES AND DECLARES THAT:
14 1. At a public meeting and hearing on April 27, 1993, the Board of Supervisors
15 ("Board"), the governing body of Contra Costa County, California("County"), adopted
16 RESOLUTION OF NECESSITY NO. 93/226 by a unanimous vote.
17 2. RESOLUTION OF NECESSITY NO. 93/226 authorized the acquisition of Parcels
18 51260-1, 51260-2, 51260-3, and $1260-5, sub-parcels of a single parcel (hereinafter referred to as
19 the "Property") by eminent domain. Other parcels were included, but have since been acquired.
20 3. RESOLUTION OF NECESSITY NO. 93/226 contains a general statement of the
21 public use for which the Property is to be taken ("a road reconstruction project, a public
22 improvement, to widen State Highway 4 at Bailey Road") as distinguished from a detailed
23 description of the project for which the Property is required.
24 4. The general statement of the public use contained in RESOLUTION OF
25 NECESSITY NO. 93/266 was intended by the Board to describe a public use for a road
26 reconstruction project required by and for the integrated intermodal public transportation project
27 described in the-State Route 4/Bailey Road,Interchange Project Environmental Impact Report
28 dated September 1991 ("EIR").
EXHIBIT "A"
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1 5. The State Route 4/Bailey Road Interchange Improvement Project EIR describes in
2 detail said integrated intermodal public transportation project and its purpose. A copy of the EIR
3 Project Description Summary set out at Section 1.1 of the EIR is attached hereto as Exhibit B and
4 incorporated herein by reference. The EIR, approved and certified by the Board on October 8,
5 1991, and was reviewed and considered by the Board prior to approving the State Route 4Bailey
6 Road Interchange Improvement Project . A copy of said certification is attached hereto as
7 Exhibit C.
8 6. Pursuant to Public Resources Code Section 21092 County gave written notice of
9 the preparation of the draft State Route 4/Bailey Road Interchange Project Environmental Impact
10 Report, invited comments, and held public hearings on said draft EIR prior to the adoption of the
11 EIR by the County. The owner of Parcels 51260-1, 51260-2, 51260-3, and 51260-5 was given
12 said written notice, a copy of which together with the relevant portion of the mailing list is
13 attached hereto as Exhibit D and incorporated herein by reference.
14 7. Features of the State Route 4/Bailey Road Interchange Improvement Project
15 include a highway/freeway/interchange/surface street improvement component, a Bay Area Rapid
16 Transit District ("BART") rail extension component, a BART Bailey Road Station component, a
17 BART Bailey Road Station Parking Facility component, and a bicycle and pedestrian component.
18 The components together comprise an integrated intermodal public transportation project; and are
19 each necessary features of said joint BART, California Department of Transportation ("Caltrans"),
20 County and Contra Costa Transportation Authority("CCTA") project.
21 8. The BART, highway/freeway/interchange/surface street, bicycle trail and pedestrian
22 components of the State Route 4/Bailey Road Interchange Project are all related to the purpose
23 and objective of the project, to-wit: an integrated intermodal public transportation project as
24 described in the EIR; and the interrelated components are required for the protection and
25 preservation of the usefulness and safety of the project.
26 9. At the public hearing held at the Board of Supervisors meeting of April 27, 1993,
27 prerequisite to consideration of the adoption of RESOLUTION OF NECESSITY NO. 93/226,
28 no written or oral objections were made by any property owner or their representative. In
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1 particular, no objections were made that the general statement of the public use contained in the
2 proposed Resolution of Necessity did not adequately describe all of the features of the integrated
3 intermodal public transportation project as described in the EIR.
4 10. The acquisition by County of the real property required for the joint State Route
5 4/Bailey Road Interchange Project is authorized by the Cooperative Agreements Dated December
6 5, 1990 (Cooperative Agreement 14.00.00); June 20, 1990 (Cooperative Agreement 14.01.02);
7 May 20, 1992 (Cooperative Agreement 21.00.02); and January 11, 1993 (Cooperative Agreement
8 90.14.02.00)which Cooperatives Agreements are attached hereto as Exhibit E and incorporated
9 herein by reference.
10 11. The four Cooperative Agreements together were intended to be collectively an
11 agreement for the joint exercise of the respective powers of eminent domain of the parties within
12 the meaning of Code of Civil Code of Procedure Section 1240.140 whereby Contra Costa County
13 was authorized by BART, Caltrans and CCTA to exercise their respective powers of eminent
14 domain to acquire the property necessary for the State Route 4/Bailey Road Interchange Project.
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16 12. In an eminent domain action [Contra Costa County v. North State Development
17 Co. Contra Costa Superior Court No. C93-02098] to acquire Parcels 51260-1, 51260-2, 51260-3,
18 and 51260-5 described in RESOLUTION OF NECESSITY NO. 93/226, the owner has claimed
19 that the BART component of the State Route 4/Bailey Road Interchange Project is not a part of
20 the general statement of public use alleged in the eminent domain complaint. Said eminent domain
21 complaint incorporates said Resolution of Necessity by reference together with the general
22 statement of the public use contained in RESOLUTION OF NECESSITY NO. 93/226. The
23 owner further threatens to challenge the statutory authority of Contra Costa County to acquire the
24 Property for the joint public transportation project.
25 13. On September 20, 1994, the Board approved and the County entered into an
26 Agreement between and previously approved by Caltrans, BART, and CCTA which Agreement
27 was entitled an Agreement for the Joint Exercise of the Power of Eminent Domain for the Bailey
28 Road Interchange Project (a copy of which is attached as Exhibit F and incorporated herein by
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1 reference). Said Agreement between the County, Caltrans, BART and CCTA was intended to be
2 a Code of Civil Code of Procedure Section 1240.140 agreement for the joint exercise of their
3 respective powers of eminent domain by County to acquire the properties required by the State
4 Route 4/Bailey Road Interchange Improvement Project. It is the County's position that said
5 Cooperative Agreements constituted an agreement for the joint exercise of the power of eminent
6 domain within the meaning of Code of Civil Procedure Section 1240.140. Rather than to litigate a
7 legal challenge to the sufficiency of said Cooperative Agreements, it was the purpose of said
8 Resolution adopting said Agreement for the Joint Exercise of the Power of Eminent Domain to
9 clarify and reaffirm said Cooperative Agreements in the form of a single integrated joint exercise of
10 powers agreement executed by all the Public Agencies party thereto.
11 14. It is the position of County that Code of Civil procedure Section 1245.230(a)
12 requires only a general statement of the public use for which the property is to be taken and that
13 RESOLUTION OF NECESSITY NO. 93/226 contained a sufficient general statement. Rather
14 than to litigate a legal challenge to the sufficiency of said general statement, it is the purpose of this
15 Resolution: (a)to more particularly describe the public use intended by the Board in
16 RESOLUTION OF NECESSITY NO. 93/226 so as to clarify and to clear up any uncertainty or
17 ambiguity in said general statement of the public use; and (b) to supplement and more particularly
18 reference the statutes which authorize the County to acquire the Property by eminent domain for
19 the joint public transportation project.
20 15. Contra Costa County seeks to acquire a single Parcel 51260 which parcel is divided
21 into Sub-Parcels 51260-1, 51260-2, 51260-3, and 51260-5 (referred to collectively herein as the
22 "Property"). Said Property is described in Appendix "A" attached hereto and incorporated herein
23 by reference. The Property sought to be acquired is a part of a single larger parcel.
24 16. The public use generally described as the State Route 4/Bailey Road Interchange
25 Improvement Project, a road reconstruction project, which requires the acquisition of the Property
26 sought to be acquired and condemned herein is:
27 for the puzposes of a road reconstruction project known as the State Route 4/Bailey Road
28 Interchange Improvement Project. The State Route 4/Bailey Road Interchange
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1 Improvement Project is a joint intermodal public transportation project and is hereinafter
2 referred to as the "Project". The Project is a public use, and is more particularly described
3 as follows:
4 An intermodal public transportation Project, which Project is a joint Project
5 of the Bay Area Rapid Transit District, the State of California(Department
6 of Transportation), Contra Costa Transportation Authority, and Contra
7 Costa County. Said intermodal public transportation Project shall include
8 the joint construction of improvements consisting of the widening and
9 improving of State Highway Route 4 between Willow Pass Road in
10 Concord to Railroad Avenue in Pittsburg, which improvement includes
11 reconstructing the Bailey Road Interchange on State Highway Route 4 in
12 the City of Pittsburg and Contra Costa County; and providing a median of
13 sufficient width to accommodate a BART rail system and a six lane
14 highway, expandable to eight lanes; construction of BART transit facilities
15 up to subballast in the Route 4 median including station platform and
16 foundation at the Bailey Road Interchange and the construction of parking
17 facilities servicing the BART Bailey Road station; and pedestrian
18 improvements and a bicycle path. All references to the Project herein
19 includes all of the above features and components, together with all
20 supporting features necessary to protect or preserve the safety and
21 usefulness of the Project as a integrated intermodal transportation system.
22 17, The County entered into agreements, pursuant to Code of Civil Procedure
23 §1240.140 with the San Francisco Bay Area Rapid Transit ("BART") , the State of California,
24 acting by and through the Department of Transportation ("Caltrans"), and the Contra Costa
25 Transportation Authority("CCTA")for the joint exercise of their respective powers of eminent
26 domain for the acquisition of the property described herein in the name of the County for the
27 public use herein,5et forth. BART, Caltrans, CCTA, and County which are a party to said
28 agreements are referred to herein collectively as the " the Public Agencies." Said agreements are
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1 in the form of Cooperative Agreements and an Agreement for the Joint Exercise of the Power of
2 Eminent Domain, and are attached hereto as Exhibits E and F respectively and incorporated herein
3 by reference. Said Cooperative Agreements and the Agreement for the Joint Exercise of the
4 Power of Eminent Domain are collectively referred to herein as the "JPA".
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6 18. The respective public purposes requiring the Route 4/Bailey Road reconstruction
7 project for each of said sub-parcels are as follows:
8 A. Parcels 51260-1 51260-2 and 51260-5: for joint-use for State, County and
9 BART purposes, more particularly described as follows:
10 i. For State and County highway and freeway purposes: to
11 reconstruct the Bailey Road Interchange on State Highway Route 4
12 in the City of Pittsburg and Contra Costa County; and the widening
13 and improving of State Highway Route 4.
14 ii. For BART purposes: to provide a median of sufficient width to
15 accommodate a BART rail system and the construction of BART
16 transit facilities up to subballast in the Route 4 median including the
17 Bailey Road BART station platform and foundation.
18 B. Parcel 51260-3: For BART purposes: for the Bailey Road BART Station
19 parking lot servicing the Bailey Road BART Station.
20 19. Providing public transportation is a function of the County.
21 20. The statutes that authorizes County to acquire the property described in Appendix
22 "A" by eminent domain are specified in the alternative as follows:
23 A. AS A JOINT EXERCISE OF THE RESPECTIVE POWERS OF
24 EMINENT DOMAIN POSSESSED BY THE STATE BART AND THE
25 COUNTY. Pursuant to Code of Civil Procedure §1240.140, the respective
26 powers of eminent domain possessed by the Public Agencies party to the
27 JPA are:
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1 i. COUNTY: Government Code Section 25350.5 Streets and
2 Highway Code Sections 943(a) and 941.1, Code of Civil Procedure
3 Section 1240.120(x), and Government Code Section 26006.
4 County is authorized by statute to acquire said property for
5 highway, freeway and public transportation purposes and for the
6 purpose of carrying out and making effective the principal purpose
7 of the public transportation project, including uses for the protection
8 and preservations of the safety and usefulness of the public
9 transportation project.
10 ii. STATE: Streets and Highways Code Section 102. State is
11 authorized by statute to acquire for State highway purposes;
12 iii. BART: Public Utilities Code Sections 28953, 29030 and 29031.
13 BART is authorized to acquire for BART rapid transit purposes
14 including rights-of-way, rail lines, stations, platforms and parking
15 lots and facilities necessary for said rapid transit service.
16 B. FOR COUNTY HIGHWAY AND PUBLIC TRANSPORTATION
17 PURPOSES . (i)Pursuant to Government Code Section 25350.5 and
18 Streets and Highway Code Section 943for County highway, County public
19 transportation and County public parking purposes; and (ii)Pursuant to
20 Code of Civil Procedure Section 1240.120(a); Government Code Section
21 25350.5; Streets and Highway Code Section 943 as an acquisition necessary
22 to carry out and make effective the principal purpose for highway and
23 public transportation use.
24 C. FOR COUNTY PUBLIC TRANSPORTATION AND HIGHWAY
25 PURPOSES TO BE CONVEYED TO THE STATE FOR STATE
26 HIGHWAY PURPOSES AND TO BART FOR BART RAPID TRANSIT
27 PURPOSES. Pursuant to Code of Civil Procedure Sections 1240.120(a)
28 and 1240(b), Government Code Sections 25350.5, Streets and
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I Highways Code Sections 15, 113, 943, and Public Utilities Code 28970:
2 i. for highway and public transportation purposes, which property to
3 be acquired herein is to be conveyed upon completion of the Project
4 to the Caltrans, for State highway purposes; and
5 ii. for rapid transit use together with required station and parking
6 facilities, which property acquired herein is to be conveyed upon
7 completion of construction of the Project to BART.
8 21. The Property to be acquired is generally located in the Pittsburg, Bay Point area.
9 22. On April 8, 1993, notice of the County's intention to adopt a resolution of necessity
10 for acquisition by eminent domain of the Property described in Appendix "A" was sent to persons
11 whose names appear on the last equalized County Assessment role as owners of said property.
12 The Notice specified April 27, 1993, at 11:00 a.m. in the Board of Supervisors Chambers in the
13 Administration Building, 651 Pine St., Martinez, California as the time and place for the hearing.
14 23. The hearing was held at that time and place and all interested parties were given an
15 opportunity to be heard. Based upon the evidence presented to it, this Board found, determined
16 and thereby declared the following:
17 A. The public interest and necessity require the proposed project.
18 B. The proposed project is planned and located in the manner which will be
19 most compatible with the greatest public good and the least private injury.
20 C. The property described herein is necessary for the proposed project.
21 D. The offer required by and consistent with section 7267.2 of the Government
22 Code, together with the accompanying statement of the amount established
23 as just compensation, was made to the owner or owners of record.
24 E. Some of the property sought to be acquired is appropriated to a public use.
25 The determination and finding is made that the proposed use is a more
26 necessary use than the use to which the property is now appropriated, or a
27 compatible public use. This resolution is adopted pursuant to Code of Civil
28 procedure sections 1240.510 and 1240.610.
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1 F. All conditions necessary to establish the right to take the property required
2 for the highway project have been complied with.
3 On April 27, 1993 RESOLUTION OF NECESSITY NO. 93/226 was passed and adopted
4 by a unanimous vote of the Board.
5 24. On September 15, 1994, notice of the County's intention to amend and re-adopt as
6 amended RESOLUTION OF NECESSITY NO. 93/226 for acquisition by eminent domain of the
7 real property described in Appendix "A" was sent to persons whose names appear on the last
8 equalized County Assessment role as owners of said property. The Notice specified October 4,
9 1994, at 11 a.m. in the Board of Supervisors Chambers in the Administration Building, 651 Pine
10 Street, Martinez, California, as the time and place for the hearing thereon.
11 25. The hearing was held at that time and place, and all interested parties were given an
12 opportunity to be heard. Based upon the evidence presented to it, this Board finds, determines and
13 hereby declares the following:
14 A. The public interest and necessity require the proposed Project.
15 B. The proposed Project is planned and located in the manner which will be
16 most compatible with the greatest public good and the least private injury.
17 C. The property described herein is necessary for the proposed Project.
18 D. The offer required by and consistent with section 7267.2 of the Government
19 Code, together with the accompanying statement of the amount established
20 as just compensation, was made to the owner or owners of record.
21 E. All conditions necessary to establish the right to take the property required
22 for the project have been complied with.
23 26. The County Counsel of this County is hereby AUTHORIZED and EMPOWERED:
24 To acquire in the County's name, by condemnation, the Property described in Appendix "A",
25 attached hereto and incorporated herein by this reference in accordance with the provisions for
26 eminent domain in the Code of Civil Procedure and the Constitution of California:
27 The following sub-parcels are to be acquired in fee simple absolute: 51260-1, 51260-2 and
28 51260-3.
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1 The following sub-parcel is to be acquired as a temporary construction easement: 51260-5.
2 To prepare and prosecute in the County's name such proceedings in the proper courtas are
3 necessary for such acquisition;
4 To deposit the probable amount of compensation, based on an appraisal, and to apply to
5 said court for an order permitting the Count to take immediate possession and use said real
6 property for said public purposes and uses and to continue in possession.
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8 Adoption of this Resolution on October 4, 1994 1994 by the following vote:
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10 AYES: Supervisors Smith, Bishop, DeSaulnier, Torlakson and Powers
11 NOES: None
12 ABSENT: None
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14 I HEREBY CERTIFY, that the foregoing resolution was duly and regularly introduced,
15 passed and adopted by the vote of two-thirds or more of the Board of Supervisors of Contra Costa
16 County, California, at a meeting of said Board on the date indicated.
17 Dated: October 4 , 1994
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hereby certify that this is a true and correct copyof
2 0 an action taken and entered on the minutes of the
Board of SuVr4n�the date shown.
ATTESTED:sttz__1_1991�__,,.�
21 PHIL BATCHELOR, Clerk of the Board
of Supervisors and unty Administrator
22 By .Deputy
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State Highway 4
Bailey Road Interchange
North State Development
04-CC-4-1.9.6 (51260-1 , 51260-2,
51260-3 & 51260-5)
APPENDIX "A"
PARCEL 51260-1 (FEE)
All that real property situated in the City of Pittsburg, County of Contra Costa,
State of California, being a portion of the Southwest Quarter of Section 14,
Township 2 North, Range I West, Mount Diablo Base and Meridian more
particularly described as follows:
Commencing at the South Quarter corner of Section 14; thence N. 0* 05' 46" E.
along the east line of said Southwest Quarter of Section 14 a distance of 1188.97
feet to the intersection with the centerline of Leland Road as shown on Oak Hills,
Unit 1, Subdivision 6887, Book 324 of Maps, at Page 44, Contra Costa County
Records; thence N. 89* 54' 35"W. a distance of 893.22 feet along said centerline;
thence 183.83 feet along the arc of a tangent curve to the right with a radius of
1 ,041.94 feet and a central angle of 10* 06' 31"; thence N. 79* 50' 33" W. a
distance of 314.04 feet to the southwesterly corner of that parcel of land
described Indeed to San Francisco BayArea Rapid Transit District, in Book 12258,
at Page 988, Official Records; thence N. 0*05' 25"E along the westerly line of that
parcel described in said Book 12258 at Page 988, a distance of 1,070.97 feet to
a point in the proposed southerly right of way of State Route 4; thence N. 82* 43'
58"W. along said proposed right of way a distance of 366.87 feet; thence S. 0*05'
25"W. a distance of 45.45 feet;thence N. 76'23' 27"W. a distance of 414.54 feet;
thence N. 71* 55127"W. a distance of 339.30 feetto a point in the existing Route
4 right of way which lies 16148 feet right of"E4" line station 567+88.76; thence
leaving said proposed right of way and continuing along said existing Route 4
right of way N. 71* 55' 27" W. a distance of 83.31 feet to the TRUE POINT OF
BEGINNING of herein described real property; thence continuing N. 71' 55' 27"W.
along said existing Route 4 right of-way a distance of 139.26 feet to a point on
the west line of the southwest quarter of said Section 14, said point lies S. 0* 36'
27" W. a distance of 78.09 feet from the west quarter corner of said Section 14
and N. 0* 36' 27" E. a distance of 2,583.20 feet from the southwesterly comer of
said Section 14; thence leaving said existing right of way S. 0* 36' 27" W. a
distance of 51.41 feet to a point on the proposed State Route 4 southerly right of
way; thence along said proposed southerly right of way N. 86* 28' 11" E. a
distance of 133.19 feet to the TRUE POINT OF BEGINNING.
Lands abutting said freeway shall have no rights or easement of access thereto.
Page 1 of 5
Containing a grid area of 3,415 square feet of land more or less.
Bearings and distances are based on the California Coordinate System Zone III
(C.C.S. 83), all distances referenced herein are grid. Multiply distances shown by
1 .0000609 to obtain ground level distances. Multiply grid area by 1 .0001218 to
obtain ground area.
04-CC-4-19.6 (51260-2)
PARCEL 51260-2 (FEE)
All that real property situated in the City of Pittsburg, County of Contra Costa,
State of California, being a portion of the Southwest Quarter of Section 14,
Township 2 North, Range 1 West, Mount Diablo Base and Meridian more
particularly described as follows:
Commencing at the South Quarter corner of Section 14; thence N. 0' 05' 46" E
along the east line of said Southwest Quarter of Section 14 a distance of 1,188.97
feet to the intersection with the centerline of Leland Road as shown on Oak Hills,
Unit 1 , Subdivision 6887, Book 324 of Maps, at Page 44, Contra Costa County
Records; thence N. 89' 54' 35"W. along said centerline of Leland Road a distance
of 893.22 feet; thence 183.83 feet along the arc of a tangent curve to the right
with a radius of 1 ,041 .94 feet and a central angle of 10' 06' 31"; thence N. 79' 50'
33"W. a distance of 314.04 feet to the southwesterly corner of that parcel of land
described indeed to San Francisco Bay Area Rapid Transit District, in Book 12258,
at Page 988, Official Records; thence leaving said centerline N. 0' 05' 25" E along
the westerly line of that parcel described in said Book 12258 at Page 988, a
distance of 1,070.97 feet to a point in the proposed southerly right of way of State
Route 4 and the TRUE POINT OF BEGINNING of the herein described real property;
thence N. 82' 43' 58" W. along said proposed right of way a distance of 366.87
feet; thence S. 0' 05' 25" W. a distance of 45.45 feet; thence N. 76' 23' 27" W. a
distance of 414.54 feet; thence N. 71' 55' 27" W. a distance of 339.30 feet to a
point on the existing southerly right of way of State Route 4 which lies 163.48 feet
right of"E4" line station 567+88.76, thence S. 88' 50' 04" E along said existing
right of way a distance of 253.13 feet; thence S. 75' 34' 12" E a distance of
105.24 feet; thence S. 81' 41' 29" E a distance of 210.43 feet; thence S. 74' 00'
18" E a distance of 105.33 feet; thence S. 83' 57' 01" E a distance of 104.96 feet;
thence N. 83' 10' 16" E a distance of 107.22 feet; thence S. 84' 25' 39" E a
distance of 208.40 feet; thence N. 85' 20' 38" E. a distance of 6.92 feet to the
westerly line of the parcel described in said Book 12258, at Page 988; thence
along said westerly line and departing from said existing right of way S. 0' 05' 25"
W. a distance of 94.99 feet to the TRUE POINT OF BEGINNING.
Page 2 of 5
Lands abutting said freeway shall have no rights or easement of access thereto.
Containing a grid area of 83,305 square feet of land more or less.
Bearings and distances are based on the California Coordinate System Zone III
(C.C.S. 83), all distances referenced herein are grid. Multiply distances shown by
1 .000609 to obtain ground level distances. Multiply grid area by 1 .0001218 to
obtain ground area.
04-CC-4-19.6 (51260-3)
PARCEL S 1260-3 (FEE)
All that real property situated in the City of Pittsburg, County of Contra Costa,
State of California, being a portion of the Southwest Quarter of Section 14,
Township 2 North, Range 1 West, Mount Diablo Base and Meridian more
particularly described as follows:
Commencing at the South Quarter corner of Section 14; thence N. 0' 05' 46" E.
along the east line of said Southwest Quarter of Section 14 a distance of 1 ,188.97
feet to the intersection with the centerline of Leland Road as shown on Oak Hills,
Unit 1 , Subdivision 6887, Book 324 of Maps, at Page 44, Contra Costa County
Records; thence N. 89' 54' 35"W. along said centerline of Leland Road a distance
of 893.22 feet; thence 183.83 feet along the arc of a tangent curve to the right
with a radius of 1 ,041 .94 feet and a central angle of 10' 06' 31"; thence N. 79' 50'
33"W. a distance of 314.04 feet to the southwesterly corner of that parcel of land
described in deed to San Francisco BayArea Rapid Transit District, in Book 12258,
at Page 988, Official Records; thence leaving said centerline N. 0' 05' 25" E. along
the westerly line of that parcel described in said Book 12258 at Page 988, a
distance of 42.65 feet to the northerly right of way of Leland Road as shown on
Oak Hills, Unit 2, Subdivision 7242, Book 338, at Page 8, Contra Costa County
Records and the TRUE POINT OF BEGINNING of herein described real property;
thence N. 79' 50' 33" W. along said northerly right of way, a distance of 12.89
feet;thence 29.87 feet along the arc of a non-tangent curve concave northwesterly
with a radial bearing of S. 10' 11' 23" W., a radius of 957.94 feet and a central
angle of 1' 47' 11"; thence N. 78' 01' 27" W. a distance of 329.05 feet; thence
leaving said northerly right of way, N. 0' 05' 25" E. and parallel with the westerly
Fine of that parcel of land described in said Book 12258, at Page 988, a distance
of 998.44 feet to a point in the proposed southerly right of way of State Route 4;
thence S. 82' 43' 58" E. along said proposed southerly right of way, a distance of
366.87 feet to a point in the westerly line of that parcel of land described in said
Book 12258, at Page 988; thence S. 0' 05' 25" W. along said westerly line, a
distance of 1 ,028.32 feet to the TRUE POINT OF BEGINNING.
Lands abutting said freeway shall have no rights or easement of access thereto.
Page 3 of 5
Containing a grid area of 369,019 square feet of land more or less.
Bearings and distances are based on the California Coordinate System Zone III
(C.C.S. 83), all distances referenced herein are grid. Multiply distances shown by
1 .0000609 to obtain ground level distances. Multiply grid area by 1.0001218 to
obtain ground area.
04-CC-4-19.6 (51260-5)
PARCEL 51260-5 (Temporary Construction Easement)
All that real property situated in the City of Pittsburg, County of Contra Costa,
State of California, being a portion of the Southwest Quarter of Section 14,
Township 2 North, Range 1 West, Mount Diablo Base and Meridian more
particularly described as follows:
Commencing at the South Quarter corner of Section 14; thence N. 0' 05' 46" E.
along the east line of said Southwest Quarter of Section 14 a distance of 1188.97
feet to the intersection with the centerline of Leland Road as shown on Oak Hills,
Unit 1 , Subdivision 6887, Book 324 of Maps, at Page 44, Contra Costa County
Records; thence N. 89' 54' 35"W. along said centerline a distance of 893.22 feet;
thence 183.83 feet along the arc of a tangent curve to the right with a radius of
1 ,041 .94 feet and a central angle of 10' 06' 31"; thence N. 79' 50' 33" W. a
distance of 314.04 feet to the southwesterly corner of that parcel of land
described in deed to San Francisco BayArea Rapid Transit District, in Book 12258,
at Page 988, Official Records; thence leaving said centerline N. 0' 05' 25" E. along
the westerly line of that parcel described in said Book 12258 at Page 988, a
distance of 42.65 feet to a point in the northerly right of way of said Leland Road
as shown on Page 338 at Page 8 of Oak Hills, Unit 2, Subdivision 7242,Contra
Costa County Records; thence N. 79' 50' 33"W. along said northerly right of way
a distance of 12.89 feet, thence 29.87 feet along the arc of a tangent curve to the
right with a radius of 957.94 feet and a centr6al angle of 1' 47' 11"; thence N. 78'
01' 27" W. a distance of 329.05 feet to the TRUE POINT OF BEGINNING of the
herein described temporary construction easement; thence continuing N. 78' 01'
27"W. a distance of 25.55 feet; thence departing from said northerly right of way
of Leland Road N. 0' 05' 25" E. a distance of 800.00 feet; thence N. 68' 00' 00"W.
a distance of 81 .50 feet; thence N. 46' 00' 00"W. a distance of 271 .97 feet to the
proposed southerly right of way of State Route 4; thence S. 76' 23' 27" E. along
said southerly right of way, a distance of 305.00 feet; thence departing from said
proposed right of way S. 0' 05' 25"W. a distance of 952.99 feet to the TRUE POINT
OF BEGINNING.
The term of herein described temporary construction easement is set to expire
December 31 , 1995.
Page 4 of 5
Containing a grid area of 48,860 square feet of land more or less.
Bearings and distances are based on the California Coordinate System Zone III
(C.C.S. 83), all distances referenced herein are grid. Multiply distances shown by
1 .0000609 to obtain gro'und level distances. Multiply grid area by 1 .0001218 to
obtain ground area.
Page 5 of 5
1. SUMMARY
1 .1 Project Description
The proposed project involves modifying the State Route 4/Bailey
Road interchange and local streets to accommodate the circulation
and transportation needs resulting from existing and planned
development in this portion of eastern Contra Costa County and to
accommodate the extension of BART to Bailey Road and the
resulting increase in traffic associated with a BART terminal
station at Bailey Road.
The extension of the existing BART Concord line to West Pittsburg
has been approved by the Bay Area Rapid Transit District . The
. approved plans call for a BART station in the State Route 4
median just west of the Bailey Road interchange and the
construction of a parking lot on the BART property south of State
Route 4 .
The widening and lowering of State Route 4 between Willow Pass
Road in Concord and Bailey Road in West Pittsburg (the Willow
Pass Grade Lowering Project) is designed to provide for the
extension of the Concord BART line to Bailey Road in the State
Route 4 median. The State Route 4/Bailey Road interchange
improvements are designed to compliment and tie into the Willow
Pass Grade Lowering Project .
The proposed project would involve reconstructing State Route 4,
in the vicinity of the Bailey Road interchange, to provide a 104
foot wide median to accommodate the BART station and BART tracks,
six through lanes and two High Occupancy Vehicle (HOV) lanes .
The Bailey Road interchange would be reconstructed with new
interchange ramps in a reverse partial cloverleaf design which
consists of loop off-ramps and diagonal on-ramps .
local circulation improvements would also be provided, including
the widening of Bailey Road to six lanes between Maylard Street
and Canal road; relocation of Canal Road west of Bailey Road to
follow the existing alignments of Mims and Amberson Avenues;
extending Los Palos Drive north of Leland Road; installation of
signals at off-ramp intersections and at the Canal Road/Bailey
Road intersection; and, other local access improvements .
Pedestrian access would be provided through the interchange area
and would be designed to connect to the Delta-De Anza Regional-
Trail .
egionalTrail .
The project would also involve the relocation of affected
electrical power, sewer, water, and natural gas lines so that no
disruption in service would occur. Drainage improvements would
be installed in the vicinity of the BART parking lot to
accommodate runoff from the project, future BART facilities, and
planned development in the area.
1-1
E3
I SyP-26-1994 10=49 FROM C C C PUBLIC WORKS TO 914159810898 P.02
TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD. PUBLIC WORKS DIRECTOR
DATE: October S. 1991
SUBJECT: Approving Bailey Road interchange Project
Project No. 0357-SX4158
SPECIFIC REQUESTS) OR 4E00MMEN0ATXW#4.A BAC*QWW ftW AND JUCTWICATION
1. RecomrrJended Action:
APPROVE Project. and CERTIFY that the final EIR for the project was completed in compliance
with the California.Environmental Ouality Act, that the final EIR was presented to the Board and
the Board reviewed and considered the Information contained in it. and
FiND that the project will have significant effects on the environment. each of which is
determined to be unavoidable. and as to each makes the following findings: See attached
findings.
DiRECT the Public Works Director to begin right-of-way acquisition and to prepare contract
plans and specifications for oonstruction.
DIRECT the Director. of.Community Development to file a Notice of Determination with the
County Clerk.
DIRECT the Public Works Director to arrange for payment of the $25.00 handling fee to the
County Clerk for filing of the Notice of Determination..and for the $850.00 Fish and Game filing
fee to be transferred to the County Clerk.
11. FINANCIAL IMPACT:
The estimated project cost Is$62.3 million.funded by Measure C Funds (40%). BART(50%). and
State and local partnership (10%).
Continued on Attactwnent: SIGNATURE: '
RECOMMENDATION OF COUNTY MINISTRATOR
.__.RECOMMENDATION OF BOARD COMMITTEE
—APPROVE �,OTHER
SIGNATURE(S):
ACTION OF BOARD ON zrz , ,y y, APPROVED AS RECOMMENDED OTHER
VOT1r OF SUPERVISORS
UNANIMOUS (ASSENT 1
AYES: NOES:
ABSENT: ABSTAIN: f haretW amttly that thla k a inn and CMTS t MM of
an action taken and *nWed an the ralmrtaa of the
BS:drg Hoard of superNa— ea showm
W10:50410 ATT&STMW. ____J C &ii / J�
PHIL BATCMELOk awtc o+t*Board
of&wervism and County AdmiftWator
01`19. ON-. Public Works (Major Projects)
cc: County Admin.: E. Kuevor .Dewy
Community Development
PW Accounting
Goad Engineering-H. Ballenger
s
AP proving BaAey Road Into. .range Project
October 8, 1991 =
Page Two
lji. 139ASONS POR REO0MMEN12ATIQN/0ACKQ 0UNP-
The project is needed to reduce congestion and provide a median w dth sufflcient to
accommodate the BART truckway and interims tom*-ai station site Just west of Bailey Road.
This project has been determined to be In compliance with the General Plan. The Final
Environmental Impact Report pertaining to this project was considered by the Zoning Authority
on October 7. 1991, and found to be complete and prepared In compliance with the California
Environmental Quality Act and State and County Guidelines.
IV. CONSEQUENCIg3 OF NCOATIMU ACTION
Delay In approving the project will result in a delay of design and construction and may
Jeopardize funding.
r
CommunityContra Harvey E. Bragdon
Development
Director of Community Development Department Costa
County Administration Building County
651 Pine Street
4th Floor, North Wing
Martinez, California 94553-0095
Phone: 646-2035
TO: INTERESTED AGENCIES, ORGANIZATIONS & INDIVID S /
SUBJECT: NOTICE OF COMPLETION AND NOTICE OF PUBLIC HEARING ON THE
DRAFT ENVIRONMENTAL IMPACT REPORT FOR STATE ROUTE 4/
BAILEY ROAD INTERCHANGE, WEST PITTSBURG AREA
COUNTY FILE #CP 90-6
DATE: JUNE 7, 1991
The subject Draft Environmental Impact Report is being distributed for review and
comment in conformance with the California Environmental Quality Act of 1970
(CEQA) and State and County Guidelines.
Public review copies of the Draft EIR will be found at the following locations:
1. Central Branch: 1750 Oak Park Blvd., Pleasant Hill
2. Concord Branch: 2900 Salvio Street, Concord
3. Pittsburg Branch: 80 Power Avenue, Pittsburg
4. County Community Development Department: 651 Pine Street, North Wing - 4th
Floor,-Martinez
5. County Public Works Department: 255 Glacier Drive, Martinez
In addition, copies may be purchased (plus postage, if mailed) at the offices of the
County Community Development Department, 651 Pine Street, Martinez.
For accuracy of record, written comments are desirable and encouraged, and should
be supported by factual information whenever possible. Comments should be mailed
to the Contra Costa County Public Works Department, Attention: Vickie Germany,
255 Glacier Drive, Martinez, California 94553, by Monday, July 22, 1991, 5:00
p.m.
If written comments cannot be made, an oral presentation may be made at the public
hearing which will be held on Thursday, July 11, 1991, 7:30 p.m., at the Ambrose
Community Center, 3105 Willow Pass Road, Pittsburg, California.
A _
All Interested Agencit—,Orgs. June 7, 1991
SR4/Bailey.Road Interchange
-2-
For additional information on the environmental review process, please feel free to
contact me at (415) 646-2035. If you require information on the projectitself, please
contact Mr. Bob Faraone of the Public Works Department, Road Engineering Division,
at (415) 313-2252.
Sincerely yours,
en Barry, AICP
Assistant Director
DMB:gms
ep1:SAdlncar.NOC
cc: File #CP 90-6
Contra Costa County
Community. Development
651 Pine Street
North Wing, 4th Floor
Martinez, CA 94553
Aw
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0 1 N A
Cooperative Agreement No. 14.00.00
MASTER
COOPERATIVE AGREEMENT
BETWEEN
THE CONTRA COSTA TRANSPORTATION AUTHORITY
AND
CONTRA COSTA COUNTY
THIS AGREEMENT is made and entered into this fifth_ day of December, 1990, by and
between CONTRA COSTA COUNTY, hereinafter referred to as COUNTY and the CONTRA COSTA
TRANSPORTATION AUTHORITY hereinafter referred to as "AUTHORITY".
RECITALS
1. AUTHORITY and COUNTY pursuant to the Contra Costa Transportation
Improvement and Growth Management program adopted on August 3, 1988 and approved by
the voters of Contra Costa County in November 1988, hereby enter into a Cooperative
Agreement for transportation improvements in Contra Costa County.
2. COUNTY desires transportation improvements consisting of
widening and improving Route 4 between Willow Pass Road in Concord to at least
Railroad Avenue in Pittsburg, including widening and lowering the grade .over Willow
Pass and various interchange improvements, hereinafter referred to- as "PROJECT".
PROJECT is specifically cited in the Expenditure. Plan of the Transportation
Improvement and Growth Management Program.
3. Pursuant to Measure C, the AUTHORITY is committed to make available up to
$80,000,000 in 1988 dollars for projects eligible under-Route 4 East, to assist with
preliminary studies, design, right-of-way acquisition and construction, less specific
costs associated with overall program management by AUTHORITY. The costs incurred by
the AUTHORITY shall not exceed 1.5 percent of funds made available for the PROJECT
The precise amount of funds available to help fund individual projects will be
determined by the AUTHORITY'S Strategic Plan. AUTHORITY anticipates that the COUNTY
will continue to seek. other funds to supplement Measure C funds; including but not
limited to:
a. State-local partnership Program funds, pursuant to Streets and Highway Code
Section 164(d)(7)
b. Local contributions
C. State highway. funds
4. Consistent with this AGREEMENT and Measure C, AUTHORITY will from time to
time authorize specific funding amounts, pursuant to a Request for Appropriation of
Funds by the Director of Public Works of the COUNTY. Consistent with this AGREEMENT
and Measure C, the Funding Appropriation Resolution will set forth additional
1
f
Cooperative Agreement No. 14.00.00
conditions, purpose, and timing for release of identified funds to COUNTY for
PROJECT. A chronological listing of appropriation resolutions will be included in
and made a part of Exhibit A (attached), which is hereby incorporated into this
AGREEMENT and made a part hereof. Exhibit A will be updated with each new
resolution. The Request for Appropriation of Funds will include an overall financial
plan for the PROJECT.
5. AUTHORITY and COUNTY have already entered into prior agreements relating to
this PROJECT. These include:
COOP # Date $ Amount Purpose
14.01.01 12-12-89 3,000,000 design, right-of-way engineering
14.01.01A 6-20-90 400,000 environmental reports
14.01.02 9-27-90 900,000 right-of-way acquisition
14.02.01 6-20-90 400,000 environmental studies & prelim. engineering
These prior agreements are ratified and confirmed and shall remain in
effect, except for all references to AUTHORITY's' method of payment to COUNTY which
are amended and superseded by Exhibit B of the AGREEMENT "(attached).
SECTION I
COUNTY AGREES:
. 1. Tosubmit a Request for Appropriation-of Funds for specific components of
the PROJECT as set forth in Paragraph 4 of Recitals above, and to apply any funds
received under this AGREEMENT to PROJECT consistent with the mutually agreed-to terms
and conditions specified in the specific Resolution approved by the AUTHORITY.
2. To allow the AUTHORITY to audit all expenditures relating to any .projects
funded through this AGREEMENT. For the duration of the PROJECT, and for three (3)
years following completion of the PROJECT, COUNTY will make available to the
AUTHORITY all records relating to expenses incurred in performance of this AGREEMENT.
3. To provide invoices, and progress reports consistent with Exhibit B, along
with the summary of expenditures to date.
4. To prepare a report on an annual basis at the end of the fiscal year which
itemizes (a) the annual expenditure of the funds for the PROJECT, and (b) progress to
date in its implementation.
5. To comply with AUTHORITY Policy 001 regarding project management (Exhibit C
attached) .
Cooperative Agreement No.14.00.00
Between Contra Costa Transportation Authority
&Contra Costa County
(revJan. 17, 1991) 2
Cooperative Agreement No. 14.00.00
6. To be responsible for evaluation of prospective consultants and subsequent
award of work consistent with this AGREEMENT and any Appropriation Resolutions.
7. To provide technical direction consistent with the scope of work of any
Appropriation Resolution.
8. To provide- Project Management of consultant activities, including
responsibility for schedule, budget and oversight of the services.
9. If any, Measure C funds are to be used for construction; to install a sign
that identifies Measure C and the Contra Costa Transportation Authority as a funding
source.
SECTION II
AUTHORITY AGREES:
1. In response to COUNTY Request for Appropriation of Funds, to consider
Resolution(s) consistent with this AGREEMENT and consistent with available sales tax
revenues to finance specific work components for the PROJECT, setting forth the level
of funding, purpose, timing, and scope of work to be performed by COUNTY pursuant to
this AGREEMENT. Such resolutions will be incorporated into Exhibit A (attached) . To
the extent that available AUTHORITY funds are insufficient to fulfill any request for
Appropriation of Funds hereunder, taking into consideration all AUTHORITY -funding
commitments, such Request shall be deemed a Request for a lesser amount equal to
funds which are available to meet such Request.
2. To.transfer funds to COUNTY for the purposes described in the relevant
resolution in the manner specified as attached in Exhibit B.
3. To provide timely notice if an audit is to be conducted.
SECTION III
IT IS MUTUALLY AGREED:
1. Term: The term of this AGREEMENT will remain in effect until terminated
as provided in Paragraph 2 and 11 hereof.
Cooperative Ag=mcnt No.14.0100
$ctween Contra Costa Transportation Authority
&Contra Costa County
(rcvJan. 17, 1991) 3
Cooperative Agreement No. 14.00.00 .
2. Termination: This AGREEMENT shall be subject to termination as follows:
a. This AGREEMENT may be terminated for breach of any obligation, covenant or
condition hereof, upon notice to the breaching party. With respect to .any breach
which is reasonably capable of being cured, the breaching party shall have 30 days
from the date of the notice to initiate steps to cure. If the breaching party
diligently pursues cure, such party shall be allowed a reasonable time to cure, not
to exceed 60 days from the date of the initial notice, unless a further extension is
granted by the AUTHORITY;
b. By mutual written consent of both parties, this. AGREEMENT may be terminated
at any time;
C. Except as expressly provided herein, this AGREEMENT shall terminate upon
disbursement of amounts- totalling the amount set forth in Recital 3 above, less
specific AUTHORITY project management costs referred to therein;
d. In the event this AGREEMENT is terminated, payment shall be made by the-
AUTHORITY for all services rendered up to the time of termination, subject to .any
expenditure limits applicable to this AGREEMENT or the prior agreements referred to
in paragraph 5 of the Recitals to this AGREEMENT.
3. Indemnity: It is mutually understood and agreed, relative to the mutual
indemnification of AUTHORITY and COUNTY
a. That neither AUTHORITY, nor any officer or employee thereof, shall be
responsible for any damage or liability occurring by reason of anything done or
omitted to be done by under or in connection with any work, authority -or jurisdiction.
delegated to COUNTY under the AGREEMENT.- It is also understood and agreed that,
pursuant to Government Code Section 895.4, COUNTY shall fully indemnify and hold the
AUTHORITY harmless from any liability imposed for injury .as defined by Government
Code Section 810.8 occurring by reason of anything done or omitted to be done by
COUNTY under this AGREEMENT or in connection with any work, authority, or
jurisdiction delegated to COUNTY under this AGREEMENT.
b. That neither COUNTY, nor any officer or employee thereof, shall be
responsible for any damage or liability occurring by reason of anything done or
omitted to be done by AUTHORITY under or in connection with any work, authority or
jurisdiction delegated, to AUTHORITY under the AGREEMENT. It is also understood and
agreed that, pursuant to Government Code Section 895.4, AUTHORITY shall fully
indemnify and hold the COUNTY harmless from any liability imposed for injury as
defined by Government Code Section 810.8 occurring by reason of anything done or
omitted to be done by AUTHORITY under this AGREEMENT or in connection with any work,
authority, or jurisdiction delegated to AUTHORITY under this AGREEMENT.
C. The provisions of this section shall survive the termination of this
AGREEMENT. -
Cooperative Agcccmcat No.14.00.00
Bctwcca Contra Costa Traasportatioa Authority
&Contra Costa County
(rcvJan.17, 1991) 4
Cooperative Agreement No. 14.00.00
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 service, or
by certified or registered mail , return receipt requested, to the addresses set forth
below, or to such addresses which may be specified in writing to the parties hereto.
J. Michael Walford Robert K. McCleary
County Public Works Director Ex6cutive Director
255 Glacier Drive Contra Costa Transportation Authority
Martinez, CA 94553 2702 Clayton Road, Suite 202
Concord, CA 94519
5. Additional Acts and"Documents: Each party .agrees to do all such things and
take all such actions, and to make, execute and deliver such other documents and
instruments, as shall be reasonably requested to carry out the provisions, intent and
purpose of the AGREEMENT.
6. Intedration: This AGREEMENT represents the entire AGREEMENT of the parties
with respect .to the subject matter hereof, with the exception of the Cooperative
Agreements specifically cited in Paragraph 5 of the Recital Section of this
AGREEMENT. No representations, warranti.es, inducements or oral agreements have been
made by any of the parties except as expressly set forth herein, or in other
contemporaneous written agreements.
7. Amendment: This AGREEMENT may not be changed, modified or rescinded except
in writing, signed by all parties hereto, and any attempt at oral modification of
this AGREEMENT shall be void and of no effect.
8. Independent Agency:L COUNTY renders its services under this AGREEMENT as an
independent agency. None of the COUNTY's agents or employees shall be agents or
employees of the AUTHORITY.
9. Assignment: The AGREEMENT may not be assigned, transferred, hypothecated,
or pledged by any party without the express written consent of the other party.
10. Binding on Successors, Etc. : This AGREEMENT shall be binding upon the
successors, assigns or transferees of the AUTHORITY or COUNTY as the case may be.
This provision shall not be construed as an authorization to assign, -transfer,
hypothecate or pledge this AGREEMENT other than as provided above. '
11. Severability: Should any part of this AGREEMENT be declared
unconstitutional , 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 excised portion, be reasonably interpreted to give
effect to the intentions of the parties.
Cooperative Agreement No.14.00.00
Between Contra Costa Transportation Authority
&Contra Costa County
(rcvJan. 17, 1991) 5
Cooperative Agreement No. 14.00.00
CONTRA COSTA COUNTY CONTRA COSTA
TRANSPORTATION AU
by:
. Mi Walf or Davis
Director of PubItc Works - Chair
ATTES
by-
Robe K. M e ry
Executive Di ctor
APPROVED as to legal form and content:
Victor J. Westman, County Counsel by•
St n ylor
Authority Legal Cou el
by: i
Deputy County Counsel
Cooperative Agrecmcnt No.14.00.00
Bctwcca Contra Costa Transportation Authority
&Contra Costa County
(rcvJan. 17,1991)
Cooperative Agreement No. 14.00.00
COOPERATIVE AGREEMENT NO. 14.00.00
between
the Contra Costa Transportation Authority
and
Contra Costa County
EXHIBIT A
Chronological Listing of Fund Appropriation Resolutions
Project Resolution $ Funds $ Cumulative
Number Number Date Appropriated Total
1401 14.01.01 12-12-89 3,000,000 3,000,000
1401 14.01.01A 06-20-90 400,000 3,400,000 -
1402
,400,0001402 14.02.01 06-20-90 400,000 3,800,000
1401 14.01.02 09-27-90 , 900,000 4,700,000
1401 90-17 12-05-90 500,000 5,200,000
1400 90-20 12-19-90 30,000 5,230,000
Cooperativc Ag=mcnt No.14.00.00
bawcca Contra Costa Transportation Authority
and Contra Costa County 1
Eidmbit A
4'
Cooperative Agreement No. 14.00.Op
AGREEMENT NO. 14.00.00 0.
between
the CONTRA COSTA TRANSPORTATION AUTHORITY
and
•CONTRA COSTA COUNTY
EXHIBIT B
Method of Payment
1. COUNTY will submit monthly invoices to the AUTHORITY which includes all
costs of the project for the stated time period.
2. Attached should be:
a. narrative quarterly report;
b. a summary of hours by name of each public agency employee charging
time to the project for the stated time period;
C. all overhead charges including multiplier (if used) incurred by the
public agency;
d. a copy of.invoice summary (detail is unnecessary) of any work
performed by a consultant or contractor. Summary should have
letterhead of consultant or contractor;
e. a list of all other direct costs involved.
3. Request for payment should cite the Fund Appropriation Resolution.
4. AUTHORITY will reimburse the COUNTY within ten working days after receipt
by the AUTHORITY of the monthly invoice.
dp:Coop\14-00-0 Agr
(1206.90)
4.
Cooperativc Agrccmcnt Na 14.00.00
beiaaa Contra Costa 2ransportatioa Authority
and Coatra Costa County
Mbit AB
LETTER OF TRANSMITTAL
CONTRA COSTA TRANSPORTATION AUTHORITY
1340 Treat Blvd., Suite ISO
Walnut Creek, CA 94596
(41S) 938-3970
fax (415) 938-3993
To: Date: _7
` File No.: oa oy
Re:
Attention:
We Are _Per Your _Enclosed _By UPS/Special Delivery For Your _Action
Sending Request By Mail Under Separate Cover Approval
_By Fax Review/Comments
_By Messenger vUse/Information
QUANTITY DESCRIPTION
64,
REMARKS
]�pA To:
For C. C SP TATION AUTHORITY
By
/ 7
�1
ORIGINAL
COOPERATIVE AGREEMENT 14.01.02
BETWEEN
CONTRA COSTA TRANSPORTATION AUTHORITY
AND CONTRA COSTA COUNTY
FOR FUNDING RIGHT OF WAY ACQUISITION
FOR THE WIDENING AND LOWERING OF STATE ROUTE 4
AT WILLOW PASS GRADE
This AGREEMENT, entered into on the 20th day of June, 1990, is between the COUNTY
OF CONTRA COSTA, a political subdivision of the State of California,hereinafter referred
to as "COUNTY" and the CONTRA COSTA TRANSPORTATION AUTHORITY,
hereinafter referred to as "AUTHORITY".
RECITALS
A. The voters of the COUNTY approved Measure C, a one-half cent sales tax,
in an election in November 1988. The State Route 4 widening project between Willow Pass
Road in Concord and at least Railroad Avenue in Pittsburg, and the BART rail extension
from Concord to North Concord and eastern Contra Costa are included in the Expenditure
Plan approved by the voters. The State Route 4 widening between Willow Pass Road in
Concord and Bailey Road in West Pittsburg and lowering of the Willow Pass Road portions
of the projects are collectively referred to herein as the "PROJECT'.
B. AUTHORITY and COUNTY do mutually desire to set forth the terms and
conditions for COUNTY to acquire right of way for the PROJECT and its funding which
is to be accomplished within the scope of this Agreement.
C. The estimated cost for right of way acquisition for the PROJECT is two
million six hundred thousand dollars ($2,600,000), which sum includes nine hundred
thousand dollars ($900,000) for hardship acquisition.
D. Due to cash-flow constraints at this time the AUTHORITY can only approve
the hardship acquisition funding of nine hundred thousand dollars ($900,000). The
additional funds will be requested prior to March 1991 at the completion of the Subsequent
EIR and the appropriate amendment to this AGREEMENT will be processed.
E. AUTHORITY and COUNTY contemplate entering into additional separate
but related cooperative agreements for utility relocation and construction of the PROJECT.
AGREEMENT
NOW, THEREFORE, for and in consideration of their mutual promises and
agreements, and subject to the terms, conditions, covenants and provisions hereinafter set
CO-OP AGREEMENT 14.01.02 1
forth, the AUTHORITY and COUNTY do hereby agree as follows:
SECTION I
COUNTY AGREES:
1. To provide technical direction for and acquire right of way for PROJECT
consistent with Caltrans standards and the funding provided by the AUTHORITY.
2. To provide COUNTY staff throughout the right of way acquisition process as
necessary. COUNTY shall either employ staff on COUNTY payroll or hire and supervise
consultants to perform right of way acquisition. Right of way acquisition includes notices
to property owners, appraisals, negotiations, land rights document preparation, escrow
instructions, right of way certification decision to commence condemnation action, and
condemnation assistance to legal staff as well as cost of Legal Counsel. All right of way
acquisition services, whether provided by COUNTY staff or by consultants retained by the
COUNTY, shall be charged to the COUNTY and subject to reimbursement by the
AUTHORITY only to the extent that such services are provided on a time and materials
basis,without override or surcharge by the COUNTY. Staff time charges shall be the actual
COUNTY base labor charge out rate, which includes fringe benefits, plus appropriate
overhead, as approved by the County Auditor Controller. In addition, the AUTHORITY
will reimburse necessary and reasonable direct costs incur-red by the COUNTY, its staff and
consultants to carry out its obligations hereunder. The foregoing are referred to herein as
"allowable PROJECT costs".
3. To enter into separate cooperative agreements with Caltrans to identify
PROJECT responsibilities regarding condemnation of necessary right of way.
4. To review each month a copy of each invoice, statement or other expenditure
document related to right of way acquisition, and to pay such allowable PROJECT costs
directly after reasonable review.
5. After review, approval, processing for payment, and payment of such costs, to
submit an invoice to AUTHORITY for reimbursement of such allowable PROJECT costs.
6. Upon the earlier of cessation of work pursuant to paragraph I of Section III
below or the completion of right of way acquisition and settlement of all claims and bills,
to prepare and deliver to AUTHORITY a final right of way acquisition expenditure report
which includes a detailed statement of the total costs incurred.
7. To retain during the term of the Agreement and for a period of five (5) years
following the earlier of its termination or completion of right of way acquisition, all books
and records related to expenses for which reimbursement has been requested, and to make
such records available for review and copying by the AUTHORITY and its authorized
CO-OP AGREEMENT 14.01.02 2
representatives and gents, upon reasonable notice given by AUTHORITY to COUNTY
during the term of this Agreement and during the period of such record retention.
8. To follow the applicable policies and procedures required by the Federal
"Uniform Relocation and Real Property Acquisition Policies Act," and related applicable
policies, procedures and regulations.
9. To reimburse the AUTHORITY of the actual sales price for any property
acquired with Measure C funds which is subsequently determined to not be required for
completion of the PROJECT ("surplus" property).
SECTION II
AUTHORITY AGREES:
1. Subject to the expenditure cap set forth in paragraphs 1 and 2 of Section III
below, to reimburse COUNTY within 10 working days (for purposes of this Agreement, a
"working day" is any Monday through Friday, excluding any holiday observed by the
COUNTY or the AUTHORITY)after receipt by the AUTHORITY of the monthly invoice
from COUNTY of allowable PROJECT costs.
2. Subject to completion of negotiations satisfactory to AUTHORITY, to enter
into separate cooperative agreements with BART, Caltrans and the COUNTY regarding
PROJECT construction funding.
SECTION III
IT IS MUTUALLY AGREED:
1. The AUTHORITY's obligation to reimburse right of way acquisition costs
pursuant to this Agreement shall in no event exceed the sum of nine hundred thousand
dollars ($900,000) unless this Agreement is amended to increase such amount. The sum of
nine hundred thousand dollars ($900,000) as amended from time to,time by amendment to
this Agreement is referred to herein as the "expenditure cap". If at any time it is
determined that the cost of right of way acquisition agreed to be reimbursed by the
Authority pursuant to this Agreement shall exceed or has exceeded the expenditure cap, the
parties agree to negotiate to consider an increase in the amount which the AUTHORITY
agrees to reimburse. Unless the parties agree otherwise, if the parties have not entered into
an amendment within 15 working days from the date of notice from the COUNTY to the
AUTHORITY that the agreed-upon expenditure cap will be or has been exceeded, the
COUNTY will cease work on the PROJECT and all allowable PROJECT costs incurred to
date, up to the expenditure cap, will be subject to reimbursement by the AUTHORITY.
2. Section III, Paragraph 1 notwithstanding, if through a condemnation action an
CO-OP AGREEMENT 14.01.02 3
award has become final and non-appealable, which award together with all other amounts
paid or payable pursuant to this Agreement to the date of such award, exceeds the
expenditure cap,both parties agree that the expenditure cap shall be increased in an amount
sufficient to cover such award together with any accrued and unpaid legal and other
expenses related to such award to the date of such award.
3. Any amounts within an agreed upon expenditure cap not used to reimburse
the COUNTY for allowable PROJECT costs shall be retained by the AUTHORITY and
may be reallocated to other projects or purposes in the sole discretion of the AUTHORITY
and without limitation under this Agreement.
4. All work product produced by the COUNTY,its staff and consultants pursuant
to this Agreement and included within allowable PROJECT costs, including but not limited
to copies of appraisal reports,property acquisition files and supporting documentation shall
be the property of the AUTHORITY and, if requested, shall be delivered to the
AUTHORITY upon completion of the PROJECT or earlier termination of this Agreement.
5. It is the intention of each of the parties hereto to indemnify and hold harmless
the other party and to provide for insurance against certain liabilities and damages in
accordance with and subject to applicable law. Accordingly:
(a) Neither COUNTY, nor any officer or employee thereof, shall be
responsible for any damages or liability occurring by reason of anything
done or omitted to be done by AUTHORITY under this Agreement.
It is also understood and agreed that, pursuant to Government Code
Section 895.4,AUTHORITY shall fully indemnify and hold COUNTY
harmless from any liability imposed for injury (as defined in
Government Code Section 810.8) occurring by reason of anything done
or omitted to be done by AUTHORITY pursuant to this Agreement.
(b) Neither AUTHORITY nor any officer or employee thereof shall be
responsible for any damages or liability occurring by reason of anything
done or omitted to be done by COUNTY under this Agreement. It is
also understood and agreed that, pursuant to Government Code
Section 895.4, COUNTY shall fully indemnify and hold AUTHORITY
harmless from any liability imposed for injury (as defined in
Government Code Section 810.8) occurring by reason of anything done
or omitted to be done by COUNTY pursuant to this Agreement.
(c) COUNTY,through separate agreements with consultants,shall require
each consultant awarded a contract pursuant hereto, to secure and
maintain, in full force and effect at all times during the duration of the
contract, comprehensive general liability insurance, including blanket
contractual (or contractual liability) coverage, broad form property
CO-OP AGREEMENT 14.01.02 4
damage coverage, and coverage for owned and non-owned
automobiles, in forms and limits of liability satisfactory to
AUTHORITY and COUNTY, naming AUTHORITY and COUNTY
and their respective officers and employees as additional insured, from
and against all damages due to bodily injury, sickness or disease, or
death to any person, and damage to property, including the loss of use
thereof, arising out of each accident or occurrence.
The aforementioned policies shall contain a provision that the
insurance afforded thereby to the AUTHORITY and COUNTY and
their respective officer and employees, shall be primary insurance to
the full limits of liability of the policy, and that if AUTHORITY or
COUNTY or their respective officers and employees have' other
insurance against a loss covered by such policy, such other insurance
shall be excess insurance only.
(d) COUNTY, through separate agreements with consultants,shall require
each consultant awarded a contract pursuant hereto, to defend,
indemnify, save and hold harmless AUTHORITY, COUNTY, their
boards, officers and employees from any and all claims, costs and
liability for any damages, injury or death arising directly or indirectly
or indirectly from, or connected with, the consultant's services and due
to, or claimed or alleged to be due to, negligence or willful misconduct
of the consultant, its employees, subcontractors, or any person under
its direction or control, save and except claims or litigation arising
through the sole negligence or sole willful misconduct of
AUTHORITY or COUNTY, and to make good to and reimburse
AUTHORITY and COUNTY for any expenditures, including
reasonable attorney's fees, AUTHORITY or COUNTY may make by
reason of such matters, and if requested by AUTHORITY or
COUNTY, to defend any such suits at the sole cost and expense of the
consultant.
Nothing in this paragraph or this Agreement is intended, nor shall it have the effect of
altering the standard of care due third parties by either party.
6. This agreement may be modified or amended only upon the consent of both
parties in writing. Neither party shall unreasonably withhold its consent to the
implementation and accomplishment of the overall purposes for which this Agreement has
been made,provided that, the preceding notwithstanding, the AUTHORITY shall have the
right to withhold its consent to an amendment to the Agreement to alter the expenditure
cap for any reason except as provided otherwise in paragraph 2 of this Section III.
7. This Agreement shall expire upon completing of the report of final costs the
CO-OP AGREEMENT 14.01.02 5
delivery of any work product requested by the Authority pursuant to Section III, paragraph
4, and the payment of funds between the AUTHORITY and COUNTY provided that,
indemnity and insurance provisions contained in Section III, Paragraph S shall survive
expiration of this agreements.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and
year set forth above.
COUNTY OF CONTRA COSTA CONTRA COSTA
TRANSPORTATIO A Q,RITY
By: /�-
Chair, Board o upervisors Tayl r Davis, Chairperson
ATTEST: ATTEST:
Phil Batchelor, By:
Clerk of the Board of Supervisors Robert C. McCle ry,
and County Administrator Executive Director
By: datalo
Deputy
Recommended for Approval
J. Michael Walford
Public Works Director
By:
Form Approved: Form Approved:
Victor J. Westman, County Counsel
By: By:
Deputy Authority Coun el
RVF:eh
a=tamagn
(6/90)
dpCO-OP:14-01.02
CO-OP AGREEMENT 14.01.02 6
TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: July 31, 1990
SUBJECT: Approve Cooperative Agreement With Contra Costa Transportation Authority To Fund
Right Of Way Acquisition For State Route 4 Willow Pass Grade Widening And Lowering
Project No.:4660-6X4107.
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) &BACKGROUND AND JUSTIFICATION
1. Recommended Action:
Approve and Authorize the Chair to execute the Cooperative Agreement with Contra Costa
Transportation Authority (CCTA) to fund Right of Way Acquisition for the State Route 4 Willow.
Pass Grade Widening and Lowering Project.
11. Financiallmpact:
There will be no impact.to the County General Fund. The estimated cost for the Hardship
acquisition is estimated to be $900,000. The funds will come from CCTA as part of Measure C
project allocations.
III. Reasons for Recommendations and Background:
Right of way acquisition for this project is scheduled to commence by April 1991, after certifica-
tion of the Subsequent EIR. Mr. Charlie Walker's property and house will be acquired inorder
to construct the new interchange at Willow Pass Road east.
On May 25, 1990, Mr. Walker requested by letter that the County acquire his property under the
hardship acquisition provisions of the Advance Acquisition, Chapter 460 of the State of
California, Department of Transportation, Right of Way Procedures Handbook, Volume 4A. The
County, Caltrans and CCTA have agreed to the advanced acquisition. The County on behalf
of CCTA has also applied to Caltrans and FHWA for reimbursement of the right of way funds
as part of the Federal Highway Demonstration Project identified in the Federal Highway Act of
1987.
Continued on Attachment: X SIGNATURE:
/-7
Cooperative Agreement With Contra Costa Transportation Authority.
July 31, 1990
Page 2
111. Reasons for Recommendations and Background (cont.): .
ORIGINAL
Cooperative Agreement No. 21.00.02
COOPERATIVE AGREEMENT
BETWEEN
THE CONTRA COSTA TRANSPORTATION AUTHORITY
AND
SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT
THIS AGREEMENT is made and entered into effective this 20 day of May. 1992, by and
between the SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT hereinafter referred
to as "BART" and the CONTRA COSTA TRANSPORTATION AUTHORITY hereinafter
referred to as 'AUTHORITY". '
RECITALS
A. AUTHORITY and BART, pursuant to the Contra Costa Transportation
Improvement and Growth Management Program adopted on August 3, 1988 and approved by
the voters of Contra Costa County in November 1988 as Measure C, hereby enter into a
Cooperative AGRMMENT for transportation improvements in east Contra Costa County.
B. BART desires transportation improvements consisting of BART rail extension
from the existing Concord Station to the vicinity of Bailey Road/West Pittsburg in Eastern
Contra Costa County, known as the Phase I Extension, and•from there east toward and to
Avenue/East Antioch, ]mown as the Phase II Extension. Phase I is hereinafter referred to as the
"PROJEC"T". The PROJECT and Phase II Extension are eligible under the terms of the
Expenditure Plan of the Transportation Improvement and Growth Management Program.
C. AUTHORITY is committed to make available Measure C revenues, and BART
is committed to supplement Measure C funds with revenues from other sources, all as set forth
below.
Cooperative Agreement No. 21.00.02
PageIof17
5-18-92
E:
3
y • 1 i
SECTION I - PRINCIPLES OF AGREEMENT
IT IS MUTUALLY AGREED:
1. PRINCIPLE #1: AUTHORITY will commit $178 million (1988 dollars) for
East County Rail(BART) Extension expenditures over the life of Measure C, between now
and 2009.
By way of clarification, "now" refers to the operative date of the Measure C ordinance:
April 1989.
All obligations of AUTHORITY under the terms of this AGREEMENT are expressly
subject to the AUTHORITY's continued authorization to collect and expend the sales tax
proceeds provided by MEASURE C. If for any reason the AUTHORTTY's right to collect or
expend such sales tax proceeds is terminated or suspended in whole or part, the AUTHORITY
shall promptly notify BART, and the parties shall consult on a course of action. If, after twenty
five(25)working days, a course of action is not agreed upon by the parties, this AGREEMENT
shall be deemed terminated by mutual or joint consent; provided, that any further obligation to
fund from the date of the notice shall be expressly limited by and subject to () the lawful ability
of the AUTHORITY to expend sales tax proceeds for the purposes of the AGREEMENT; and
(ii) the availability, taldng into consideration all the obligations of the AUTHORITY under all
outstanding contracts, agreements or other obligations of the AUTHORITY, of funds for such
purposes.
2. PRINCIPLE#2:BART and AUTHORITY acknowledge that should all of the
funding sources envisaged in MTC Resolution 1876 materialize (New Rail Starts and
Extensions), not all of this amount will be necessary to complete the Phase I Extension to
Bailey Road. (Assuming the current budget estimate of$506 million, plus approximately
$5 million in debt service (escalated).does not change.) The balance will be available to
help construct the Phase H Extension further into East County to Hillcrest.
;By way of clarification, "available" means "will be committed as provided in Principle
#1". As of the effective date of this AGREEMENT, BART's estimate of its debt service is
approximately $24 million, not the $5 million cited above.
3. PRINCIPLE #3: AUTHORITY may set aside up to 1 1/2 percent of this
amount to cover overall Measure C program management.
By way of clarification, program management costs consist only of the portion of the
salaries and benefits of AUTHORI'TY'S Executive Director and staff and salaries and overhead
Cooperative Agreement No. 21.00.02
Page 2 of 17
5-18-92
of program management consultants engaged by AUTHORITY which is directly related to work
regarding the PROJECT, and a prorata share of program management costs charged by
AUTHORITY—adopted policy to all project funding categories by AUTHORITY. At BART's
request, AITTHORTTY shall promptly provide BART with reasonably detailed information
regarding such costs as estimated and as actually incuured. The costs, up to the$2.67 million
(1988 dollars) maximum (1 1/2 percent of$178 million), will be deducted from the balance of
the $178 million commitment and not from the CCTA PROJECT FUNDS as defined in
paragraph 5.
4. PRINCIPLE #4: Near term financial commitments will be made consistent
with AUTHORITY'S Strategic Pian, as adopted or amended.
By way of clarification, it is AUTHORITY'S intent to update the Strategic Plan on a
biennial basis to maintain a 7-8 year programming "window". At the time of such updates the
AUTHORITY will consider appropriate programming amounts for the PROJECT for the
additional two years that will be added into the Plan at that time. AUTHORITY will consult
with BART as to the appropriate funding amounts that could be added into the Plan. BART
understands that prompt response to AUTHORITY-requested information is vital to receiving
favorable consideration.
5.. PRINCIPLE#5: The 1991 Strategic Plan commits Authority to provide$120
million (1988 $) for BART expenditures through Fiscal Year 1997, on a cash basis as
follows:
Year Millions
Fiscal Year 1991: '$ 4.500
Fiscal Year 1992: 46.108
Fiscal Year 1993: 49.438
Fiscal Year 1994: 16.499
Fiscal Year 1995: 3.455
Total• $120.000
Should any funds remain at the close of a particular Fiscal Year, such funds will be
"rolled over" to the following Fiscal Year.
By way of clarification, when disbursements of Measure C funds are made to BART
under this AGREEMENT for the PROJECT, they shall be adjusted to their 1988 dollar
equivalent in the following manner. promptly after the June 30 end of each Fiscal Year the total
Cooperative Agreement No. 21.00.02 .
Page 3 of 17
5-18-92
M
disbursements received by BART for eligible tasks completed during that year shall be multiplied
by an adjustment factor determined by dividing 117.8 (i.e., the average CPI INDEX for Fiscal
Year 1988,ending June 30, 1988)by the average CPI INDEX for that year. AUTHORITY will
make such calculations and provide them to BART. If the CPI INDEX is revised or
discontinued, the parties shall convert to the revised index or adopt the successor index in
accordance with guidelines therefore issued by the federal government. As used herein, CPI
INDEX means the Consumer Price Index for All Urban Consumers for the. San
Francisco/Oakland/San Jose Metropolitan Area, All Items, 1982=84 Equals 100, published by
the United States Department of Labor, Bureau of Labor Statistics.
[For example, if BART receives disbursements of$8.3 million for tasks completed in
Fiscal Year 1990 and the average CPI INDEX for that year is 128.7, dividing 117.8 by 128.7
yields an adjustment factor of 0.92 (based on the fust two decimal places of 0.9153069, with
rounding) which, when multiplied by $8.3 million, yields $7,636,000.]
At the conclusion of the PROJECT, the total disbursements made by AUTHORITY,
adjusted to their 1988 dollar equivalents in the manner described above, will be deducted from
the AUTHORITY's overall commitment of$178 million to the East County Rail Extension. The
balance, less AUTHORITY's program management costs, will be committed as provided in
Principle #1 for Phase II.
This specific AGREEMENT details an initial amount of $120 million (1988 dollars)
hereinafter "CCTA PROJECT FUNDS", for the PROJECT. CCTA PROJECT FUNDS may be
increased by an amendment to this AGREEMENT, but will not be decreased by finance costs
resulting from AUTHORITY'S issue of bonds. As of the effective date of this AGREEMENT,
it is the AUTHORITY'S intent to absorb the financing costs resulting from the issue of revenue
bonds by utilizing a portion of its un-allocated contingency reserve. However, should the
Measure C sales tax receipts be less than the official forecast prepared by Deloitte Touche, as
described in Table 5.1 of the Strategic Plan, the contingency reserve would be less than
originally projected, therefore the AUTHORITY reserves the right to charge a portion of
BART's share of financing costs, (not to exceed $15 million in 1988 dollars), against the
remaining$58 million balance of the$178 million commitment. The parties recognize that the
AUTHORITY's decision to issue long term debt through a bond issue was predicated in part
upon BART's assurances that the timetable incorporated in the Strategic Plan was reasonable.
However, future circumstances may result in BART being unable to expend all of the CCTA
PROJECT FUNDS consistent with the time frames implied in this paragraph. In such
circumstances, the AUTHORITY will use its best efforts to program and expend, on a time
frame consistent with that envisaged in this paragraph, a portion of the funds derived from the
AUTHORITY's bond issue and programmed for the PROJECT, on other eligible Measure C
project(s). To the degree that the AUTHORITY is successful in achieving this objective, it will
reduce BART's potential liability for its share of the financing costs of the bond issue
accordingly.
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.y
OCTA PROJECT FUNDS are the minimum commitment of AUTHORITY for the
PROJECT and shall not be decreased by amendment of the Strategic Plan or otherwise except
as provided in paragraphs 111 13 and 17 hereof. As noted in Principle #4, the AUTHORITY
and BART may _mutually agree to adjust annual programmed amounts in the Strategic Plan
amendments. These amendments will not reduce the CCTA PROJECT FUNDS commitment
for Phase I. Disbursements of Measure C funds made to BART under this paragraph shall be
adjusted to their 1988 dollar equivalent in the manner set forth above, and then deducted from
the CCTA PROJECT FUNDS . If the Fiscal Year amount for a given year were projected to
be exceeded, BART may request an increase in such amount pursuant to paragraph 6,hereof.
Should the AUTHORITY disburse funds in a particular fiscal year that exceed the programmed
amount, then the excess shall reduce the fiscal year amount for the following fiscal year. [For
example, if disbursements to BART exceed the $49.438 million for Fiscal Year 1993 by $2
million (1988 dollars), the excess shall reduce the $16.499 for Fiscal Year 1994 to $14.499
million.]
The $4.5 million for now-ended Fiscal Year 1991 will be reduced by the-1988 dollar
equivalent of the funds which AUTHORITY disbursed to BART for tasks completed during that
Fiscal Year under the January 16, 1991 Final Design Agreement. The balance of the $4.5
million is added to the$46.108 million for Fiscal Year 1992. The Fiscal Year 1992 amount will
be reduced by the disbursements for final design made by the AUTHORITY from July 1, 1991
through the effective date of this AGREEMENT.
6. PRINCIPLE #6: In accordance with Principle #1, should financial
circumstances result in the West Pittsburg Extension requiring supplemental funds in excess
of the amounts committed in the then-current Strategic Plan, or on a different time frame,
AUTHORITY will amend the Strategic Plan. The amendment will take into account
AUTHORITY'S overall project funding needs. In this amendment, both BART and
AUTHORITY will examine the overall funding needs in light of the amounts programmed
In the Strategic Plan, .Principles 1, 14 and 17, and take appropriate steps to minimize
adverse financial implications for the projects.
By way of clarification, any such amendment shall be mutually agreeable to the
AUTHORITY and BART.
7. PRINCIPLE#7:Of this total,AUTHORITY will directly fund BART's share
of the Route 4, Willow Pass Grade Lowering and Bailey Road Interchange projects,
including BART civil structures that are part of the Caltrans contract, through
AUTHORITY funding of design, right of way, utility relocation, etc. and a joint
cooperative agreement for construction between Caltrans, AUTHORITY, and BART.
BART's share of those costs will be mutually agreed upon and covered in a separate
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- agreement between AUTHORITY and BART.
(Note: The parties prefer that BART's share of the highway projects be funded
directly by AUTHORITY. However, should the Measure C funds be necessary to show as.
a match for Proposition 108, 116 or TCI funds, AUTHORITY will, for accounting
purposes, pass the BART share of the highway project "through" BART.]
By way of clarification, rather than the separate agreements envisaged in the above
principle, these will be two separate joint cooperative agreements for construction and two
separate cost sharing attachments to this agreement, one set for Willow Pass, (Attachment #1,
which is incorporated herein by this reference as though set forth at length), and one set for
Bailey Road, (Attachment#2 which is to be incorporated by reference as though set forth in full,
which incorporation shall not constitute an amendment to this AGREEMENT). If BART's share
of 911 such costs exceeds the $52.5 million (1988 dollars) now contemplated in the Strategic
Plan, AUTHORITY will increase the CCTA PROJECT FUNDS committed to BART under
paragraph 5 hereof by such excess in the fiscal year(s) that the funds are needed. As of the
effective date of this AGREEMENT, the Strategic Plan assumes that of the CCTA PROJECT
FUNDS, BART's share of the Willow Pass Grade and Bailey Road interchanges is estimated at
(in 1988 dollars) $26.536 million and $25.915 million respectively.
Disbursement of Measure C funds by the AUTHORITY for BART's share of the two
highway projects cited above will cause the availability of the Fiscal Year programmed amounts
cited in paragraph 5 to be depleted. Depletion of the programmed amounts will be consistent
with the two Cost Sharing Attachments to this Agreement. Upon execution of each Cost Sharing
Attachment, the AUTHORITY may deduct, from the then current fiscal year programmed
amount,BART's share of the highway environmental,right-of--way utility relocation, and design
costs expended to date.
8. PRINCIPLE#8:Subsumed within the overall commitment is the$14.4 million
(escalated dollars) already committed by previous cooperative agreement for partial design
of the Extension.
By way of clarification, the January 16, 1991 Final Design Agreement is hereby
subsumed within this AGREEME ', and the funds disbursed thereunder, as referred to in
paragraph 5 hereof, shall be treated as if disbursed under this AGREEMENT.
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i I
9. PRINCIPLE #9: The remaining funds available, after subtracting the$14.4
million (escalated dollars) above for final design, and the BART share of Willow Pass
Grade and Bailey Road Interchange projects, together with an additional$35.5 million in
Proposition 116 funds,are available for vehicles, right of way acquisition, utility relocation,
systems procurement, and construction, preferably in the North Concord Extension area.
The following project components are eligible for reimbursement:
Component Estimated Prop 108. 116 & Measure C
Right of Way Acquisition $50M
Train Control 30M
Traction Power and Trackwork 24M
Line Section from Concord to 50M
North Concord
Tail Track from North Concord TOM
Station to Route 4
North Concord Station 21M
185M '
AUTHORITY recognizes that proposed application ofMeasure C funds may change,
however BART must demonstrate compliance with the above uses of funds, and seek an
amendment to this AGREEMENT if additional components are to be funded with Measure
C.
By way of clarification, as noted in paragraphs 5 and 8 hereof the amount deducted as
a result of the now subsumed final design agreement is that set forth in paragraph 5, not$14.4
million. The Measure C funds referred to in this paragraph are also available for, and the listed
eligible PROJECT components also include $12 million for vehicles and $b million for the
Concord yard south leads, utility relocation of $1 million, and $18 million for'engineering.
Following a written request from General Manager of BART, the Executive Director of the
AUTHORITY may permit shifts in Measure C funds from one of the eligible PROJECT
components to another, providing that the Measure C funds assigned to any of the above cited
PROJECT components do not exceed the amounts specified above by more than 10%, if the
overall amounts fit within the plan referred to in paragraph 22a hereof. The eligible components
relate only to the PROJECT. Inclusion of additional eligible PROJECT components would
require an amendment to this AGR] 1viENT].E . Expenditure of Measure C funds on the Phase
11 Extension will be the subject of an amendment to this AGREEMENT.
BART will establish an internal accounting report to keep track of the disbursement of
the various fund categories detailed in paragraph 12 to cover expenditures for each major
PROJECT element (preliminary engineering, final design, systems & standards, right-of-way,
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etc.) since July 1, 1990. BART will prepare a monthly report which compares actual
expenditures against the commitments identified in paragraph #12.
In order to expedite the development of Standards and Systems, BART may initially
charge a disproportionate share to fund sources earmarked for the PROJECT. However,
whenever an extension enters final design, the new extension will immediately be charged its
share of the Standards and Systems costs incurred to date and a corresponding amount will be
credited against the specific fund sources earmarked for the PAX extension that actually financed
the Standards and Systems.
The procedures set forth in Exhibit E will apply to the degree that BART requests
AUTHORITY to finance final design of Systems and Standards. AUTHORITY will pay only
for its proportionate share assuming that other BART extensions included in MTC's Resolution
1876 benefit from the Systems and Standards.
10. PRINCIPLE #10: Expenditures by BART shall be on a reimbursable_ basis,
with invoices tied to specific expenditures with AUTHORITY possibly providing a one-
month advance if appropriate for construction, and depositing directly into escrow where
appropriate for right of way acquisition.
By way of clarification,the procedure for AUTHORITY disbursement of funds to BART
is detailed in paragraphs 25(a)and 26 of this AGREEMENT. With respect to funding right-of-
way, the AUTHORITY's bond indenture will prevent deposit of bond proceeds into an escrow
account, unless any interest earned on the escrow account is restricted so that it cannot exceed
the yield on the AUTHORITY's bonds. To the extent that AUTHORITY, pursuant to a request
from BART, funds right-of-way escrows, BART specifically agrees to comply with such
restrictions on investment yield.
11. PRINCIPLE#11:AUTHORITY and BART endorse the underlying financial
assumptions and principles embodied in 111TC Resolution 1876 (New Rail Starts and
Extensions Program) as amended on February 27, 1991, as it applies to Contra Costa
County.
By way of clarification, should additional funds from other sources become available, or
should the already-included fund sources increase, in accordance with footnote 11 of Table 1 of
attachment A to MTC Resolution 1876, amended 2127191, the CCTA PROJECT FUNDS
Programmed for the PROJECT will decrease with the balance committed as provided in
Principle#1 to the Phase II Extension. Principle (paragraph) 13 of this AGREEMENT is also
relevant to this understanding.
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12. PRINCIPLE #12: Assuming that all of the revenue sources that Resolution
1876 envisaged become available, over the life of the Measure C program the range in
project costs to reach Bailey Road will be:
Phase I to Bailey Road
Ranze of funding (Escalated $ millions)
AUTHORITY Estimate
based on BART's
MTC Proposition 116
Fund Source Resolution 1876 application
BART Funds 45.8 40.0
San Mateo (Buy-in& "wash") 97.0 97.0
State TCI "Wash" 37.2 42.7
Tolls 49.8 49.8
TCUART XIX 62.5 57.1 _
Prop 108 35.0 35.0
Prop 116(a) 35.5 35.5
Measure C 189.5 153.6
Total(b) 552.3 510.7
Range for Measure C: $154 to $190 million.
(a)Resolution 1876 assumes that the full$37 million in Proposition 116 funds
would be earmarked for the Phase I Extension to Bailey Road.
AUTHORITY has committed$35.5 million.
(b) The total project costs both assume $5 million in debt service.
By way of clarification, the figures used in this paragraph are all estimates. It is
anticipated that$70 million of the$97 million shown above as possibly coming from San Mateo
will be received after the PROJECT is completed, a fact which the report contemplated by
paragraph 22(a)hereof shall be allowed to accommodate, such as via a BART commercial paper
program float The parties acknowledge that the$510.7 million estimate includes, (as BART's
share of the Willow Pass Grade Lowering and Bailey Road Interchange projects), substantially
less costs than currently estimated for completion of the two projects.
13. PRINCIPLE#13:Should the project costs for the Phase I Extension to Bailey
Road exceed those anticipated in Resolution 1876, Measure C would be an appropriate
funding source up to a maximum available of$178M(1988$). Should the project costs be
less than those anticipated in Resolution 1876,Measure C contribution to reach Bailey Road
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would be adjusted downward to reflect the lesser cost. The balance of Measure C funds
are deserved for the Phase H Extension beyond Bailey Road.
By way of clarification, "reserved" means "will be committed as provided in Principle
14. PRINCIPLE #14: Because of cash flow constraints, AUTHORr1*T is willing
to make an early up front financial commitment disproportionate to its overall share.
However as BART accesses the other sources of funds,specifically the San Mateo "buy in"
funds,the SFO "wash",and TCI,AUTHORITY'S proportionate share will be reduced such
that,at the completion of the Extension to Bailey Road, AUTHORITY'S expenditure share
would not exceed the range depicted in Principle #12 (above).
15. PRINCIPLE#15: BART acknowledges that all Measure C funds committed
by AUTHORITY and all of the funds committed under Resolution 1876 from other sources
for Contra Costa, shall be used for Contra Costa County, specifically on the Fast County
Rail Extension.
By way of clarification, this AGREEMENT only concerns the use of Measure C funds
from the East County Rail Extension project category. It does not, for example, concern
funding from the BART Parldng project category.
16. PRINCIPLE#16:BART will actively seek commitment and programming of
each of the funding sources included in MTC Resolution 1876,as it applies to Contra Costa
County, and SB1715 (Boatwright) for the East County rail Extension. Funding sources
include (1) BART Reserves, (2) San Mateo "buy`in", (3) State TC11ART XIX funds,
including those "washed" through the San Francisco Airport Extension, (4) Bridge Tolls,
(5)Proposition 108 rail funds. The range of the escalated funds is depicted in Principle#12
(above).
By way of clarification,BART will exercise due diligence to ensure that it complies with
current and future statutes and regulafrons pertaining to the several fund sources envisaged for
the east Contra Costa extension. It will further exercise due diligence in applying for and
drawing down such funds.
17. PRINCIPLE#17:Should a major change in the overall financial plan implicit
in Resolution 1876 occur, then AUTHORITY and BART will jointly determine the phasing
and timing of the East County BART rail Extension.
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18. PRINCIPLE #18: BART's debt service for its "commercial paper" program
will qualify as an eligible BART project expenditure for the purposes of the above funding
table.
By way of clarification, since AUTHORITY intends to reimburse BART with bond
proceeds, it will be unable to reimburse for BART'S debt service on its "commercial paper
program." However, AUTHORITY is supportive of BART'S intent to issue short term-debt.
If AUTHORITY reimburses BART with bond proceeds, it will not reimburse BART's debt
service on its commercial paper program because to do so would yield adverse tax consequences.
Anything to the contrary in the foregoing notwithstanding, the AUTHORITY shall have the right
to fund its obligations hereunder with bond proceeds, sales tax proceeds, or otherwise, provided
that the use of sales tax proceeds for the payment of any obligation hereunder shall not obligate
the AUTHORITY to use sales tax proceeds for any other purpose.
19. PRINCIPLE #19: The Proposition 116 funds will require a joint
BART/Authority application to the CTC, for project specific costs to be covered. -
By way of clarification, the joint application was submitted to the CTC on July 25, 1991..
The AUTHORITY approved BART as the designated recipient of$35.5 million in Proposition
116 funds on March 182 1992.
20. PRINCIPLE #20: AUTHORITY and BART will.continue to work with the
CTC to ensure that the full amount of Proposition 108 and 116 bonds, approved by the
voters, are issued by the state.
21. PRINCIPLE 021: BART shall apply for State/Local Partnership funds when
eligible.
By way of clarification, the State Local Partnership funds are those provided by Streets
and Highways Code Section 2600. BART will apply on an annual basis for Partnership funds
and provide a copy of all such applications to AUTHORITY. To the extent that BART receives
Partnership funds for the PROJECT, they will be credited to the PROJECT, in such a manner
that the overall commitment of non-Measure C funds identified in paragraph #12 is not
diminished.
The funds will be credited to a BART capital account specific to the PROJECT. These
funds will be expended as quicldy as possible on the PROJECT so as to delay charges to CCTA
PROJECT FUNDS under this AGREEMENT as long as possible. BART will include the capital
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account status in the CPR 200 (Capital Program Report) and the BART Capital Extensions
Program Financial Status Report required under Exhibit B of this AGREEMENT.
22. PRINCIPLE #22: BART will prepare and submit the following reports:
a) BART will prepare and update on a quarterly basis an overall financial plan
for the Phase I Extension. to Bailey Road indicating escalated costs and
sources of funds.
b) BART will prepare and update on a quarterly basis a funding matrix for
upcoming construction contracts,right-of-way acquisition and procurements.
The funding matrix will depict, by.month, the expected drawdown of each
fund source.
c) BART will prepare and update on a quarterly basis a drawdown of proposed
Measure C disbursements by month in accordance with attached_ EX_AIBIT
A.
The Executive Director will review and comment on these submittals.
By way of clarification, such reports will be prepared and forwarded to AUTHORITY
at the beginning of each calendar quarter, and will also include the disbursement report cited in
paragraph 9 of this AGREEMENT. BART will also submit, along with the reports cited in this
paragraph, the latest master schedule for the PROJECT showing the current status.
23. PRINCIPLE#23:BART staff will meet on a regular basis, or upon request,
to review AUTHORITY staff comments on the overall progress, design and fupding of the
Extension. BART will respond to AUTHORITY staff comments.
24. PRINCIPLE#24: FVnds from sale of surplus R-O-W shall be reimbursed to
AUTHORITY or successor agency in the same proportion as they were used for the
pia
By way of clarification, if any Measure C funds are used for right-of--way acquisition,
BART will:-
a) follow the requirements of state law and the federal Uniform Relocation and Real
Property Acquisition Act as applicable.
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b) transfer net proceeds, after deducting reasonable costs of sale, to AUTHORITY
resulting from the sale of excess lands purchased in whole or in part with Measure C funds, in
the same proportion to the net proceeds as the original contribution of Measure C funds was to
the purchase of the original parcel.
SECTION H-GENERAL
BART AGREES:
25.(a) Invoices. reports. To provide monthly invoices and progress reports consistent
with Exhibit B including the summary of expenditures to date.
25.(b) Management. To provide management of consultant and contractor activities
including evaluation of proposals/bids, award of contracts, and to assume responsibility for
schedule, budget, and oversight of the services.
25.(c) OCTA construction sign. If any Measure C funds are to be used for construction,
to install a sign that identifies Measure C and AUTHORITY as a funding source, consistent with
Exhibit C to this AGRE:EbEENT, no later than 30 days after commencement of the construction.
The rail extension to North Concord and Eastern Contra Costa County represents the
largest single line item in the Measure C Expenditure Plan. In order to ensure that taxpayers
are made aware that the BART extension projects are being made possible by substantial
contribution of Measure C funds, BART agrees to the following:
If commemorative plaques are installed at the North Concord and/or Bailey Road BART
stations, they shall include an acknowledgement that the extension was funded in part by Contra
Costa one-half percent sales taxes from Measure C, and the Authority's logo and name shall also
be displayed on the plaques(s).
The AUTHORITY's name and logo and mention of Measure C shall be included in those.
written materials intended for public and press use (mcluding posters, invitations, brochures,
press packets, etc.) produced in connection with public relations events, groundbreaking
ceremonies and press conferences, specific to the PROJECT.
BART shall consult with the AUTHORITY staff, provide advance notification and
invite representation of one or more of its members and/or staff persons, with respect to all
public relations events, ceremonies and scheduled press conferences and public briefings
pertaining to BART projects funded in whole or in part by the AUTHORITY.
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25.(d) (_'.onsultant contracts. Upon request, to provide copies to AUTHORITY of all
executed contracts between BART and consultants, contractors or vendors involved in the
PROJECT.
25.(e) R=nsibility. In recognition of the commitment of the initial $120 million in
Measure C funds, to assume responsibility for securing financing, designing and constructing
the PROJECT.
25.(f) Records: To retain during the term of this AGREEMENT and for a period of
three (3) years following the later of the last disbursement by AUTHORITY pursuant to this
AGREEMENT or completion of the PROJECT funded under this AGREEMENT, all books and
records related to expenses for which reimbursement has been requested, and to make such
records available for review, audit and copying by AUTHORITY and its authorized
representatives and agents, upon reasonable notice given by AUTHORITY to BART and at
reasonable times and places during the term of this AGREEMENT and during the period of such
record retention.
AUTHOR= AGREES:
26. Reimbursement: To reimburse BART consistent with the procedures detailed in
Exhibit D (Method of Payment).
27. Audit: To provide timely notice if an audit is to be performed pursuant to
paragraph 25 (f) hereof.
28. Policies: AUTHORITY'S policies do not apply to the scope, schedule,budget or
other aspects of the PROJECT.
IT IS MUTUALLY AGREED:
29. Term: This AGREEMENT shall remain in effect until discharged as provided
in paragraph 30 of this AGREEMENT.
30. Disch e: This AGREEMENT shall be subject to discharge as follows:
a)This AGREEMENT may be terminated for material breach of any obligation,covenant
or condition hereof, upon notice to the breaching party. The breaching party shall have 30 days
from the date of the notice to initiate steps to cure; however, if steps to cure are not initiated
within 30 days then the contract will be terminated. If the breaching party diligently pursues
cure, such party shall be allowed a reasonable time to cure, not to exceed 90 days from the date
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of the initial notice. If the breach is cured within the cure period, the AGREEMENT shall not
terminate. During the cure period the parties shall meet to attempt to resolve.the dispute,
without termination of the AGREEMENT. Termination shall not affect such rights, if any, as
the parties may have under the Contra Costa Transportation Improvement and Growth
Management Program.
b)By mutual consent of both parties, this AGREEMENT may be terminated at any time.
31. Indemnity: It is mutually understood and agreed, relative to the mutual
indemnification of AUTHORITY and BART:
a) That neither AUTHORITY, nor any officer or employee thereof, shall be
responsible for any damage or liability occurring by reason of anything done or omitted to be
done by BART under or in connection with any work, authority or jurisdiction delegated to
BART under this AGREEMENT. It is also understood and agreed that,pursuant to Government
Code Section 895.4, BART shall fully indemnify and hold AUTHORITY harmless from any
liability imposed for injury as defined by Government Code Section 810.8 occurring by reason
of anything done or omitted to be done by BART under this AGREEMENT or iri connection
with any work, authority, or jurisdiction delegated to BART under this AGREEMENT.
b) That neither BART nor any officer or employee thereof, shall be responsible for
any damage or liability occurring by reason of anything done or omitted to be done by
AUTHORITY under or in connection with any work, authority or jurisdiction delegated to
AUTHORITY under this AGREEMENT. It is also understood and agreed that, pursuant to
Government Code Section 895.4, AUTHORITY shall fully indemnify and hold BART harmless
from any liability imposed for injury as defined by Government Code Section 810.8 occurring
by reason of anything done or.omitted to be done by AUTHORITY under this AGREEMENT
or in connection with any work, authority, or jurisdiction delegated to AUTHORITY under this
AGREEMENT.
32. 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 service, or by
certified or registered mail,return receipt requested, to the addresses set forth below, or to such
addresses which may be specified in writing to the parties hereto.
Frank J. Wilson Robert K. McCleary
General Manager Executive Director
Bay Area Rapid Transit District Contra Costa Transportation
800 Madison Street Authority
P.O Box 12688 1340 Treat Blvd., Suite 150
Oakland, CA 94604-2688 Walnut Creek, CA 94596
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33. Additional Acts and Documents: Each party agrees to do all such things and take
all such actions, and to make, execute and deliver such other documents and instruments, as
shall be reasonably requested to carry out the provisions, intent and purpose of this
AGREEMENT.
34. Integration: This AGREEMENT represents the enure agreement of the parties
with respect to the matters covered hereby. No representations, warranties, inducements or oral
agreements have been made by any of the parties except as expressly set forth herein, or in other
contemporaneous written agreements.
35. Amendment: This AGREEMENT may not be changed, modified or rescinded
except in writing, signed by all parties hereto, and any attempt at oral modification of this
AGREEMENT shall be void and of no effect.
36. Independent Agency: BART renders its services under this AGREEMENT as an
independent agency. None of the BART agents or employees shall be agents or employees of
AUTHORITY.
37. Assignment: This AGREEMENT may not be assigned,transferred,hypothecated,
or pledged by any party without the express written consent of the other party.
The foregoing notwithstanding, BART may assign, pledge, hypothecate or otherwise
encumber, as security for a commercial paper program or other form of borrowing, amounts
receivable by BART under this AGREEMENT m reimbursement for expenditures made by
BART for PROJECT purposes. AUTHORITY will comply with reasonable requests with regard
to perfecting such security. If any such borrowing requires further assurances regarding the
availability of funds to meet AUTHORITY's obligations under this AGREEMENT or otherwise,
AUTHORITY will cooperate therewith if the assurances are consistent with the Indenture for
AUTHORITY's bonded indebtedness, and tax and other applicable laws. In the event that any
rebate liabilities arise because of any investment made by BART of money received from
AUTHORITY, BART agrees to reimburse AUTHORITY for any rebate liabilities.
38. Binding_on Successors. Etc.: This AGREEMENT shall be binding upon the
successors, assigns and transferees of AUTHORITY or BART as the case may be. This
provision shall not be construed as an authorization to assign, transfer, hypothecate or pledge
this AGREEMENT other than as provided above.
39. everabilitx: Should any part of this AGREEMENT be declared unconstitutional,
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 excised portion, be
reasonably. interpreted to give effect to the intentions of the parties. Time is of the essence
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under this AGREEMENT.
40. No diminution of rights. This AGREEMENT does not diminish either party's
rights under applicable law.
41. Incorporation of Exhibits: The Exhibits attached hereto are incorporated in this
AGREEMENT by this reference:
Exhibit A Project Drawdown Schedule
Exhibit B Monthly Invoice and Progress Report
Exhibit C Measure C Project Sign
Exhibit D Method of Payment
Exhibit E Method of Payment for Final Design Costs of Systems and Standards
Attachment #1 Cost Allocation for Willow Pass Grade Project
Attachment#2 Cost Allocation for Bailey Road Project(yet-to-be-developed as of 5/20/92)
42. Choice of Law: This AGREEMENT shall be construed in accordance with and
governed by the laws of the State of California. -
43. Valid AGREEMENT: Each party represents and warrants to the other party that
it is duly organized and validly existing, that it has full power and authority to enter into and
perform this AGREEMENT, that this AGREEMENT has been duly authorized, executed and
delivered by.it and is legal, valid and binding on it and enforceable in accordance with its terms
against it and that this AGREEMENT does not violate any agreement, law or regulation by
which it is bound or require the consent of anyone else.
SAN FRAM BAY AREA CONTRA COSTA
RAPID ASPORTATION Z
ORTTY
by, r,
�
Frank n
Gen er Chair
ATTEST: ATTEST:
Q.3 tr.c f Se r-r r Robert K. McV--fmq
Executive Director _
APPROVED as to legal form: APPROVED as to legal form:
by: by:
Legal Counsel Legal CQ6nsel
Cooperative Agreement No. 21.00.02
Page 17 of 17
5-18-92
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COOPERATIVE AGREENCENT BETWEEN
THE CONTRA COSTA TRANSPORTATION AUTHORITY AND THE
SAN FRANCISCO BAY AREA RAPED TRANSIT DISTRICT
Cooperative Agreement No. 21.00.02
Exhibit B
Monthly Invoice and Progress Report
On or before the twentieth day of each month, BART will provide to the AUTHORITY a
narrative progress report along with the following reports:
(A) BART CAPITAL EXTENSIONS PROGRAM FINANCIAL STATUS REPORT
(To include a summary of Measure C expenditures under this AGREEMENT by project
components described in Paragraph 9. This report will show the total reimbursements
for the period, and to date.)
(B) BART FINANCIAL MANAGEMENT SYSTEM CPR-200(Capital Program Report)
(Portions Showing activities funded by CCTA funds.)
(C) BART EXTENSIONS PROGRAM -BATC BILLING EDIT REPORT - SYNERGY
BILL,EDIT
(Portions covering contracts funded by CCrA funds).
(D) The following information for payments reimbursed with Measure C as contained in
report B (above):
(a) BART internal tracidng number
(b) Name of vendor/consultant/contractor
(c) Description of services performed or product delivered
(d) Total amount of payments
(e) Total amount paid by BART
(f) Percent reimbursed by Measure C
(g) Amount reimbursed by Measure C
Cooperative Agreement No. 21.00.02
Exhibit B
Page 1 of 1
5-18-92 DRAFT
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COOPERATIVE AGREEMENT BETWEEN
THE CONTRA, COSTA TRANSPORTATION AUTHORITY AND THE
SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT
Cooperative Agreement No. 21.00.02
Exhibit D
Method of Payment
(A) Should the AUTHORITY choose to reimburse with bond proceeds, the following
procedures will be followed:
1. The AUTHORITY will maintain a separate sub-account within the California Arbitrage
Management Program (hereinafter "CAMP") designated for the PROJECT (hmrinafter
"CAMP BART Fund"). The CAMP BART 1Amd will be funded with bond proceeds
tcansfea-ed by the AUTHORITY from its Construction Fund within CAMP. The amount
transferred to the CAMP BART Fund at any time will be mutually agreed by BART and
the AUTHORITY, and will be adjusted periodically depending on the cash flow
requirements of the PROJECT, the overall cash flow implicit in the AUTHORITY'S
Strategic Plan, paragraph 5 of Section I of this AGREEMENT, and CCTA PROJECT
FUNDS available in the BART Fund described under section (B), below.
2. BART will make payments to vendors, contractors and consultants, and for staff support,
consistent with the terms of this AGREEMENT.
3. Prior to the twentieth day of the month, BART will request in writing an amount to be
transferred to the CAMP BART Fland in the immediately following month. The request
will include a summary of the withdrawals from the CAN[' BART Flrnd in the
immediately preceding month,consistent with Exhiibit B to this Cooperative Agreement.
The request will identify any funds.remain� in the CAMP BART F�rnd at the close
of the immediately prior month., By the first Monday of every month, the AUTHORITY
will transfer from its Construction Fund within CAMP to the CAMP BART Fund an
amount based upon the drawdown schedule furnished pursuant to paragraph 22(c)of this
AGREEMENT, and BART's written request,after deducting any funds remaining in the
CAMP BART ftnd at the close of a particular month as well as any ineligible
reimbursements from the CAMP BART Fund.
4. The General Manager of BART or his/her designee(s), together with the Controller-
Treasurer of BART or his/her designee(s) will be authorized by the Executive Director
of the AUTHORITY to make three monthly withdrawals, from the CAMP BART Fund.
The requests shall contain the information specified in Paragraph 5 of this Exhibit D and
may be transmitted by Facsimile, a copy of which shall also be transmitted to the
Cooperative Agreement 21.00.02
Exhibit D, Page 1 of 3
5-18-92
AUTHORITY. Funds will be made available by CAMP to BART through a wire
transfer effective the same day or within one working day following the request. All
withdrawals from the CAMP BART Fund are for the sole purpose of reimbursement to
BART for project expenses or payment to BART for project expenses then due and
payable for which BART will issue checks to a third party before or the same day of the
withdrawal including right-of-way escrows as provided in paragraph 10 of this
AGREEMENT. Any funds withdrawn from the CAMP by BART for PROJECT-related
expenses .prior to the same day BART issues chucks for PROJECT rela'ed expenses
creates a situation which is a potential conflict of federal arbitrage rules, and if such
circumstances occur the AUTHORITY may consider termination of the AGREENEENT
pursuant to paragraph 30, Section B of this AGRF.,F_N ENT.
5. The request for withdrawal from the CAMP BART Fund shall state(i)the item number
of such payment; (ii) the respective amounts to be paid; (iii.) the purpose by general
classification for which each obligation to be paid was incurred (for example: design,
right-of-way acquisition, construction, etc.); (W) that obligations in the stated amounts
have been incurred by BART and are paid or presently due and payable and that each
item thereof is a proper charge against the CAMP BART Fund and has not been
previously paid from said fund; and(v)that there has not been filed with or served upon
BART notice of any lien, right to lien or att:xchment upon, or claim affecting the right
to receive payment of, any of the amounts payable to any of the persons named in such
requisition, which has not been released or will not be released simultaneously with the
payment of such obligation, other than matearial.men's or mechanic's liens accruing by
mere operation of law.
(B)Should the AUTHORITY choose to reimburse with sales tax revenues rather than bond
proceeds, the following procedures will be followed:
1. BART will maintain a separate account to be funded with CCTA PROJECT FUNDS
designated for the PROJECT (hereinafter "BART Fund"). The BART Fund will be
funded with sales tax revenues transferred by the AUTHORITY. The amount transferred
to the BART Fund at any time will be mutually agreed by BART and the AUTHORITY,
and will be adjusted periodically depending on the cash flow requirements of the .
PROJECT, the overall cash flow implicit in the AUTHORITY'S Strategic Plan,
paragraph S of Section I of this AGREEW NT, and CCTA PROJECT FUNDS available
in the CAMP BART Fund described under section (A), above.
2. BART will maim payments to vendors, contractors and consultants, and for staff support
from the BART Fhnd, consistent with the terms of this AGREEMENT.
3. Prior to the twentieth day of the month, BART will request in writing an amount to be
transferred to the BART Fund in the immediately following month. The request will
include a summary of the expenditures made in the immediately preceding month,
consistent with Exhibit B to this Cooperative Agreement. The request will identify any
funds remaining in the BART Fund at the close of the immediately prior month. By the
Cooperative Agreement 21.00.02
Exhibit D, Page 2 of 3
5-18-92
• • first Monday of eves nonth, the ATJ MORITy will transf n amount based upon the
drawdown schedule furnished pursuant to paragraph 22(c) of this AGREEMENT, and
BART's written request, after deducting any funds remaining in the BART Fund at the
close of a particular month as well as any ineligible reimbursements from the BART
Fund.
4. Reimbursements under this Exhibit are cumulative. The AMHORITY reserves the right
to fund either the CAMP BART Fund or the BART Fund and to direct that certain
reimbursements be made from either the CAMP BART Find or the BART Find.
Cooperative Agreement 21.00.02
Exhibit D, Page 3 of 3
5-18-92
COOpERATWE AGRETACENT BETWEEN
THE CONTRA COSTA TRANSPORTATION AXTIiffORm AND THE
SAN FRANCISCO BAY AREA RAPB) TRANSIT DISTRICT
Cooperative Agreement No. 21.00.02
xhihit E
Method of Reimbursement for Final Design costs of Systems & Standards
1. At the time each item of cost for final design of system wide Systems and Standards is
incurred by BART, each of the extension projects (Dublin Pleasanton(DP)Q,Pittsburg-Antioch
(PAX), Colina (CSX), Warm Springs (WSX), and San Francisco .Airport (SFX): the
*Extensions*)then in active final design will be allocated a fixed Percentage share of such cost.
The share so allocated to the PROJECT is an eligible part of the engineering component
referenced in Paragraph /19 of this Cooperative Agreement.
2. The Fixed Percentages will be determined prospectively when each Extension commences
final design and will be calculated by dividing the estimated total cost of final design for each
Extension by the estimated total cost of final design for the Extensions then in final design. As
the effective date of this AGREEMENT the Fixed Percentages are calculated for DPX, PAX,
CSX, and WSX based on a total final design cost of$86,180,000 and estimated design costs of
$32,074,000 for DPX, $21,306,000 for PAX, $7,000,000 for CSX, $25, 800,000 for WSX.
Accordingly, the Fixed Percentages to date are as follows:
DPX PAX CSX WSX
From Inception of 60-09% 39.91% - -
Final Design
From 8/1191 53.13% 35.28% 11.59% -
Start WSX Final Design 37.22% 24.72% 8.12% 29.94%
3. Following the initiation of final design for the Warm Springs (WSX)and San Francisco
Airport (SFX) extensions, BART will charge an eligible funding source for WSX or SFX and
allocate an equal *credit" to PAX. The credit is defined as the dollar difference between the
PAX proportionate share of expenditures to date for final design of Systems & Standards
determined after including the latest extension to enter final design, versus the determination
made excluding the latest extension. For SFX, final design estimates will be made following
adoption of an environmental document.
Cooperative Agreement 21.00.02
Exhibit E
Page 1 of 2
5-18-92
4. With'respect to the CSX extension, as soon as funds are paid to BART in accordance
with Paragraph #6 below, BART will credit the PAX extension with a funding amount which
represents the excess of charges allocated to the extension at the higher percent share prior to
8/1/91 versus the reduced share. The finds credited will be to a BART account specific to PAX
and designated for the categories of PROJECT expense in Paragraph #9 of this Cooperative
Agreement.
S. When the WSX project has an approved environmental document and as soon as BART
receives San Mateo "Buy-in" or "Wash" funds for WSX per the terms of the Comprehensive
Agreement Pertaining to BART System Extension, dated February 28, 1990, BART will credit
the PAX extension with a funding amount which represents the excess of charges allocated to
the extension at the higher percentage share prior to start of Final Design versus the reduced
share. The funds credited will be to.a BART capital account specific to PAX and designated
for the categories of PROJECT expense in paragraph #9 of this Cooperative Agreement.
6. With respect to the SFXJCSX extensions, BART will determine that the extensions'
proportionate share of the development costs of Standards and Systems is a legitimate project
cost under the teams of the Comprehensive Agreement pertaining to BART System Extension,
dated February 28, 1990.
Pursuant to Section IV(C) of the above-referenced Comprehensive Agreement, BART
will either(1)seek state reimbursement through state Proposition 108 funds already programmed
for the SFO/CSX extension, or(2) seek MTC concurrence that the costs should be borne by the
West Bay bridge toll reserves or San Mateo sales tax revenues.
7. The funds in the capital accounts set up by these actions will be expended as quickly
as possible so as to delay charges to CCTA PROJECT FUNDS under this AGREEMENT as
long as possible. BART will include the capital accounts status in the CPR 200 and the
BART Capital Extensions Program Monthly Financial Report required under Exhibit B to
this AGREEMENT.
Cooperative Agreement 21.00.02
Exhibit E
Page 2of2
5-18-92
CO PERATTVE AGREEMENT BETWEEN
THE CONTRA COSTA TRANSPORTATION AUTHORITY AND
SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT
Cooperative Agreement 21.00.02
ATTACBTKEN T 1
Cost Allocation for Willow Pass Project
THIS ATTACHMENT 1 is contemplated by paragraph 7 of, and hereby is made a part of,
Cooperative Agreement 21.00.02 and together they are referred to as the AGREEMENT. The
capitalized terms used herein have the meanings set forth in this Cooperative Agreement
21.00.02 unless otherwise provided herein. This ATTACHMENT 1 sets forth the cost
allocation from Measure C and other sources.
A. This ATTACHMENT 1 sets forth the relative shares of the cost of the Willow
Pass Grade Lowering Project as described in Recital 1 of Cooperative Agreement 90.14.01,(the
"Caltrans Cooperative Agreement", between the State of California("Caltrans"), AUTHORITY
and BART), as the PROJECT(hereinafter the"WILLOW PASS PROJECT") to be borne by the
Rail Extension project account described in paragraph 2(a) below (hereinafter "BART
EXTENSION FUNDS")and the fund sources described in paragraphs 2(b) through 2(e)of this
ATTACBMENT 1, (hereinafter "HIGHWAY FUNDS".)
B. The Contra Costa Transportation Improvement and Growth Management Program
(hereinafter "MEASURE C") sets aside$178 million(1988 dollars) for the rail extension from
Concord to Eastern Contra Costa. AUTHORITY and BART have entered into Cooperative
Agreements relative to the BART rail extension, including Cooperative Agreement 21.00.01
which provided $14.4 million for final design, and this AGREEMENT which establishes the
framework for the AUTHORITY's commitment of $178 million (1988 dollars) to the East
County rail project. Cooperative Agreement 21.00.01 is subsumed within this Agreement
21.00.02. The Caltrans Cooperative Agreement provides for construction of the WILLOW
PASS PROJECT.
C. MEASURE C sets aside$80 million(1988 dollars) for highway projects eligible
under the Route 4 (east) category. The WILLOW PASS PROJECT as defined in the Caltrans
Cooperative Agreement is specifically mentioned in MEASURE C, and hence is an eligible
-project to receive MEASURE C sales tax funds.
D. Since the highway widening with median for BART, and the resulting grade
reduction incorporated in the WEU OW PASS PROJECT are necessary pre-requisites to the
BART rail expansion to East county, both HIGHWAY FUNDS and BART MMHNSION
FUNDS are appropriate fund sources. Cost sharing guidelines, needed to determine the
appropriate proportion of the WILLOW PASS PROJECT cost that is to be borne by each fund
source, are set forth below:
Cooperative Agreement 21.00.02
Attachment 1
Page 1 of 5
5-2-92
Ti IS M[TTUALLY AGIf- 'D
�.
1- The following tasks,are necessary for the completion of the WILLOW PASS
PROJECT, and are therefore eligible for funding from the sources identified in paragraph 2 of
this ATTACHMENT 1:
(a) Preparation of Environmental Documentation;
(b) Preliminary and Final Design;
(c) Right-of-way acquisition;
(d) Utility Relocation;
(e) Construction;
(f) Construction Management.
Funds expended since February 8, 1988 through the settlement of all construction claims are
covered by this ATTACHMENT 1. Tasks performed by the County of Contra Costa as the
Route 4 Willow Pass Grade project proponent under the terms of Measure C, are eligible for
funding under this paragraph.
2. The following fund sources are available for the tasks set forth in paragraph 1 of
this ATTACH11ENT 1: _
(a) CCTA MEASURE C "Rail Extension from Concord to North Concord and
Eastern Contra Costa" project category;
(b) CCTA MEASURE C "Route 4 (east)" project category;
(c) State highway account funds;
(d) Federal highway demonstration funds;
(e) Mitigation funds from the U.S. Navy.
3. The allocation of costs under this ATTACIiMENT 1 is initially based upon the
final engineer's estimate, which is attached hereto as Exhibit 1-A and hereby incorporated into
this ATTACHMENT 1 and made a part hereof by reference. As determined by an analysis of
the individual bid items contained in Exhibit 1-A for WIU-OW PASS PROJECT, BART
ExTENSION FUNDS shall bear 40 percent of the cost for tasks described in paragraph 1 of this
ATTACHMENT 1. The balance of the costs are to be borne by HIGHWAY FUNDS, (60
percent). All WILLOW PASS PROJECT costs shall initially be paid from BART EXTENSION
FUNDS or HIGHWAY FUNDS in accordance with the percentage allocation set forth in this
paragraph-
4. Upon.acceptance of the finally constructed WR.LOW PASS PROJECT by
Caltrans, the final percentage allocation between the BART EXTENSION FUNDS and
HIGHWAY FUNDS shall be recalculated using the awarded bid prices and the actual measured
quantities taking into account all approved contract change orders and claims, whose cost
allocation shall be determined in accordance with paragraph 6 below. The recalculation shall
use the same methodology as was used for determining the initial percentage allocations from
the final engineer's estimate, described in paragraph 3 of this ATTACHMENT 1, but in addition
it shall take into account the agreed-upon cost allocation of any approved contract change orders
and claims. All allocations of WILLOW PASS PROJECT costs between the BART
Cooperative Agreement 21.00.02
Attachment 1
Page 2 of 5
5-2-92
~ EXTENSION FUNDS an(- ie HIGHWAY FUNDS made in acc ince with paragraph 3 of
'this ATTACHMENT 1 will then be finally adjusted to reflect the recalculated percentage shares.
5. Should the AUTHORITY be successful in obtaining State Local Partnership funds
(authorized by Streets and Highways Code Section 2600) for the WII.LOW PASS PROJECT,
the "Rail extension from Concord to North Concord and Eastern Contra Costa" project account
within the MEASURE C program will be initially credited with.such Partnership funds in the
same proportion that the BART -24SION FUNDS funded the WILLOW PASS PROJECT,
and finally adjusted as set forth above. For accounting purposes, the credit will be discounted
to equivalent 1988 dollars consistent with paragraph 5 of this Cooperative Agreement 21.00.02.
6. For purposes of determining the final percentage allocation as set forth in
paragraph 4, above, Contract Change Orders and constriction claims (hereinafter "CCO") paid
from AUTHORITY funds shall be allocated between the BART EXTENSION FUNDS and the
HIGHWAY FUNDS in accordance with the following:
(a) The actual measured quantities and resultant costs of each CCO pay item
will be allocated between BART EXTENSION FUNDS and HIGHWAY
FUNDS in the same proportion as the particular pay item was allocated
in Exhibit 1-A, unless the proposed change in the pay item is
attributable to the BART or highway component of the WILLOW PASS
PROJECT in a different proportion from that included in the final
engineer's estimate. If so the latter proportion shall be used.
(b) The actual measured quantities and resultant costs of each CCO pay item
that is new, and-hence not included in Exhibit 1-A, will be allocated
between BART EXTENSION FUNDS and HIGHWAY FUNDS, using
the methodology of Exhibit 1-A as a guidd.
7. Notwithstanding Article 15 of Section I of the Caltrans Cooperative Agreement,
in order to qualify the BART EXTENSION FUNDS as match for either Proposition 108, 116
or other State Transit Assistance, AUTHORITY will, if necessary to validate the match, and to
the degree permitted by its Master Fund Transfer Agreement with Caltrans, disburse the BART
EXTENSION FUND's share of the NVH LOW PASS PROJECT costs to BART for subsequent
payment to Caltrans.
8. - Upon a written request from BART, AUTHORITY will pursue, to the extent
provided in Article 1 of Section I of the Caltrans Cooperative Agreement, additional construction
services for the satisfactory completion of the WII.LOW PASS PROJECT.
9. Should BART, pursuant to its rights under Article 7 of Section I of the Caltrans
Cooperative Agreement, disapprove a change order that is subsequently implemented by
CALTRANS, the AUTHORITY agrees to seek resolution of the matter pursuant to the"invoice
discrepancy procedures" referenced in its Master Fund Transfer Agreement with Caltrans.
10. With respect to the total obligation of funds for the WILLOW PASS PROJECT,
the AUTHORITY will obtain written concurrence from an authorized representative of BART
Cooperative Agreement 21.00.02
Attachment I
Page 3of5
5-2-92
prior to increasing such ot� ation above$66,000,000; provided do Mch concurrence shall not
be required to the extent that such increase is funded solely from HIGHWAY FUNDS.
11. In the event that the lowest responsible bid for the WILLOW PASS PROJECT
exceeds the engineer's estimate by more than 5%, AUTHORITY and BART shall agree on a
course of action, before AUTHORITY reaches agreement with STATE.
12. AUTHORITY agrees to provide BART advance written notification, to consult
with, to seek written concurrence, and if time permits to obtain a written response, before
implementation, on all change orders not wholly allocated to HIGHWAY FUNDS, which.have
an estimated cost of over$50,000, have an estimated schedule impact of over one week or were
generated by a request from any agency, company or person other than the parties to this
AGREEMENT or a Caltrans Department other than Construction, except when necessary for
the safety of motorists and/or pedestrians, or for the protection of property.
13. Upon execution of this ATTACFHAEN'T 1, AUTHORITY will advise BART in
writing of the expenses incurred to date by the AUTHORITY (herdnafter "PRIOR
AUTHORITY EXPENSES")in connection with tasks accomplished pursuant to paragraphs 1(a)
through 1(d) of this ATTACEMENNT 1. The PRIOR AUTHORITY EXPENSES will be
apportioned between the HIGHWAY FUNDS and the BART EXTENSION FUNDS in
accordance with the percentage allocations determined in paragraphs 3 and 4 of this
ATTACHrdENT 1. The proportion of PRIOR AUTHORITY EXPENSES to be borne by BART
EXT WSION FUNDS will be discounted to 1988 dollars, consistent with paragraph 5 of this
Cooperative Agreement 21.00.02 and deducted from the remaining balance of the CCTA
PROJECT FUNDS defined in paragraph 5 of this Cooperative Agreement 21.00.02. Thereafter,
AUTHORITY will advise BART on a quarterly basis of additional expenses incurred by
AUTHORITY in connection with paragraph 1 of this ATTACHMENT 1. These additional
expenses will be discounted to 1988 dollars and charged to CCTA PROJECT FUNDS consistent
with the-procedures described earlier in this paragraph 13.
14. With respect to funds expended by BART pursuant to BART Agreement 04CB-
610, dated February 8, 1988 with the County of Contra Costa, upon termination of that
Agreement, which is to occur no later than September 30, 1992, BART will advise the
AUTHORITY in writing of the funds disbursed by BART under the terms of that Agreement,
(hereinafter "PRIOR BART EXPENSES"). These PRIOR BART EXPENSES will be
apportioned between the HIGHWAY FUNDS and the BART EXTENSION FUNDS in
accordance with the percentage allocations determined in paragraphs 3 and 4 of this
ATTACE IEN'T 1. The proportion of PRIOR BART EXPENSES to be borne by the
HIGHWAY FUNDS will be discounted to 1988 dollars, consistent with paragraph 5 of this
Cooperative Agreement 21.00.02 andda ded to the remaining balance of the CCTA PROJECT
FUNDS.
Cooperative Agreement 21.00.02
Attachment 1
Page 4 of 5
5-2-92
15. This ATTACHMENT 1 will terminate upon completion of construction and
settlement of all claims for the WILLOW PASS PROJECT.
SAN FRANCISCO BAY AREA CONTRA COSTA
RAPID SIT DISTRICT TRANSPORTATION AUTHORITY
b . by.
rank J W n• RobdK. M 1
Gen er Executive Director
Cooperative Agreement 21.00.02
Attachment 1
Page 5 of 5
5-2-92
EXMIT 1-A
Cooperative Agreement No. 21.00.02
Exhibit 1-A of Attachment 1
5-18-92
- Parsons 303 Second Street
Br/nckerhotf Suite 700 North
Quade& San Francisco, CA 94107-1317
Douglas,Inc. 415-243-4800
Engineers
Architects fax.415-243-9501
Planners
May 11, 1992
Contra Costa County
Public Works Department
255 Glacier Drive
Martinez, California 94223-4897
Attention: Mr. Robert V. Faraone
Senior Civil Engineer
Reference: State Route 4 - Willow Pass Grade Lowering
Willow Pass Road (Concord) to Bailey Road
Contra Costa County Project No.4660-6X4110
J
Subject: Cooperative Agreement Between
The Contra Costa Transportation Authority and the
San Francisco Bay Area Rapid Transit District
Cooperative Agreement 21.00.02
Exhibit 1-A to Attachment 1
Cost Allocation for Willow Pass Project
Dear Mr. Faraone:
Attached is a revised cost breakdown of the construction costs between highway
and BART_ Of the total $58,884,000, $35,326,307 is attributed to highway and
$23,557,693 is attibuted to BART_
The cost of all items that can be attributed readily to highway or BART were
assigned directly.
Based on the analysis performed at the 65%submittal,
190101 ROADWAY EXCAVATION
was split 67%to BART and 33% to highway. This can be attributed to the wider
median and flatter grades required for BART_ Because they are closely related to
roadway excavation, the following items were arbitrarily split 67% to BART and
33%to highway:
160101 CLEARING AND GRUBBING
180101 BINDER (Dust Palliative)
190191A FURNISH AND INSTALL PIEZOMETER CASING
1901910 DRILL HOLE (Piezometer)
203003 STRAW (Erosion Control)
203014 FIBER (Erosion Control)
203040 SEED (Erosion Control)
n:raoewe6�►
203056 COMMERCIAL FERTILIZER (Erosion Control)
681501 FURNISH AND INSTALL DRAINPIPE (Horizontal Drain)
681502 DRILL HOLE (Horizontal Drain)
Supplemental Work
066620A SLOPE DEWATERING
153223A REMOVAL OF UNSUITABLE MATERIAL
681605B ADDITIONAL UNDERDRAINS
Retaining walls 5, 6, & 7 along Evora Road and Willow Pass Road were attributed
to highway. All of the other retaining walls would not be required if BART were
not included and were therefore assigned to BART, the following items were
distributed as shown:
BAR HWY
192037 STRUCTURE EXCAVATION (Ret Wall) 6,970 CY 300 CY
193013 STRUCTURE BACKFILL(Ret Wall) 9,000 CY 440 CY
193031 PERVIOUS BACKFILL MAT(Ret Wall) 505 CY 5 CY
510108 CLASS A CONCRETE (Ret Wall) � 2,870 CY 110 CY
520103 BAR REINFORCING STEEL(Ret Wall) 295,200 LB 6,800 LB
800302 CHAIN LINK FENCE (CL-3, Vinyl-Clad) 1,480 LF 0 LF
800361 CHAIN LINK FENCE(CL-6, Vinyl-Clad) 0 LF 430 LF
The total of the items above is $46,285,407, of which $27,767,292 was for highway
and $18,518,115 is for BART-a ratio of 40% BART to 60% highway. This ratio
was then applied to the following items:
070010 PROGRESS SCHEDULE (Critical Path)
071320 TEMPORARY CHAIN LINK FENCE (Type CL-6)
073006 18"TEMPORARY CULVERT
073006A 18"TEMPORARY STEEL FLARED END SECTION
073008 24"TEMPORARY CULVERT
073008A 24"TEMPORARY STEEL FLARED END SECTION
073011 36"TEMPORARY CULVERT
073011A 36"TEMPORARY STEEL FLARED END SECTION
073013 48"TEMPORARY CULVERT
120090 CONSTRUCTION AREA SIGNS
120100 TRAFFIC CONTROL SYSTEM
120120 TYPE III BARRICADE
120150 TEMPORARY PAVEMENT MARKING '
120161 TEMPORARY TRAFFIC STRIPE
120165 CHANNELIZER (Surface Mounted)
120300 TEMPORARY PAVEMENT MARKER
128201 TEMPORARY DELINEATOR(Class 1)
129000 TEMPORARY RAILING (Type K)
129100 TEMPORARY CRASH CUSHION MODULE
170101 DEVELOP WATER SUPPLY
197040A EARTH RETAINING STRUCTURE (Filter Fabric Wall)
r
.tn;sy E�
•h err.:
999990 MOBILIZATION 10%
State Furnished Materials ,
066105 RESIDENT ENGINEERS OFFICE
The method used for this cost breakdown is the same as the method used at the
65%submittal. Please call if you require additional information regarding this
issue.
Very truly yours,
PARSONS BRINCKERHOFF QUARE& DOUGLAS, INC.
Robert L. McFarIand
Project Manager
cc: Paul Maxwell
Gary LaBonte
attachments:
PB Logout No.1067
PB Fite No.3192-375.01
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first Monday of eve- nonth, the AUTHORITY will transf<n.amount based upon the
drawdown schedule furnished pursuant to paragraph 22(c) of this AGREEMENT, and
BART's written request, after deducting any funds remaining in the BART Fund at the
close of a particular month as well as any ineligible reimbursements from the BART
Fund.
4. Reimbursements under this Exhibit are cumulative. The AUTHORITY reserves the right
to fund either the CAMP BART Fund or the BART Fund and to direct that certain
reimbursements be made from either the CAMP BART Fund or the BART Fund.
Cooperative Agreement 21.00.42
Exhibit D, Page 3 of 3
5-18-92
COOPERATIVE AGREEMENT BETWEEN
THE CONTRA COSTA TRANSPORTATION AUTHORITY AND THE
SAN FRANCISCO BAY AREA RAM TRANSIT DISTRICT
Cooperative Agreement No. 21.00.02
Exhibit E
Method of Reimbursement for Final Design cost of Systems & Standards
1. At the time each item of cost for final design of system wide Systems and Standards is
incurred by BART, each of the extension projects (Dublin Pleasanton(DPX-),Pittsburg-Antioch
(PAX), C01ma (CSX), Warm SPringS (WSX), and San Francisco ,Airport (SFX): the
OEXtensiOnsl then in active final design will be allocated a'Fixed Percentage share of such cost.
The share so allocated to the PROJECT is an eligible part of the engineering component
referenced in Paragraph #9 Of this Cooperative Agreement.
2. The Fixed Percentages will be determined prospectively when each Extension commences
final design and will be calculated by dividing the estimated total cost of final design for each
Extension by the estimated total cost Of final design for the Extensions then in final design. As
the effective date of this AGREEMENT the Fixed Percentages are calculated for DPX, PAX,
CSX, and WSX based on a total final design cost of$86,180,000 and estimated design costs of
$32,074,000 for DPX, $21,306,000 for PAX, $7,000,000 for CSX, $25, 80o,00o for WSX.
Accordingly, the Fixed Percentages to date are as follows:
DPX PAX CSX WSX
From Inception of 60.09% 39.91% -
Final Design
From 8/1/91 53.13% 35.28% 11.59% -
Start WSX Final Design 37.22% 24.72% 8.12% 29.94%
3. Following the initiation of final design for the Warm Springs (WSX) and San Francisco
Airport {SFX) extensions, BART will charge an eligible funding source for WSX or SIX and
allocate an equal *credit" to PAX- The credit is defined as the dollar difference between the
PAX proportionate share of expenditures to date for final design of Systems & Standards
determined after including the latest extension to eater final design, versus the determination
made excluding the latest extension. For SFX, final design estimates will be made following
adoption of an environmental document.
Cooperative Agreement 21.00.02
Exhibit E
Page I of 2
5-18-92
4. With respect to the CSX extension, as soon as funds are paid to BART in accordance
with Paragraph #6 below, BART will credit the PAX extension with a funding amount which
represents the excess of charges allocated to the extension at the higher percent share prior to
8/1/91 versus the reduced share. The finds credited will be to a BART account specific to PAX
and designated for the categories of PROJECT expense in Paragraph #9 of this Cooperative
Agreement.
5. When the WSX project has an approved environmental document and as soon as BART
receives San Mateo "Buy-in" or "Wash" funds for WSX per the terms of the Comprehensive
Agreement Pertaining to BART System Extension, dated February 28, 1990, BART will credit
the PAX extension with a funding amount which represents the excess of charges allocated to
the extension at the higher percentage share prior to start of Final Design versus the reduced
share. The funds credited will be to.a BART capital account specific to PAX and designated
for the categories of PROJECT expense in paragraph #9 of this Cooperative Agreement.
6. With respect to the SFX/CSX extensions, BART will determine that the extensions,
proportionate share of the development costs of Standards and Systems is a legitimate project
cost under the terms of the Comprehensive Agreement pertaining to BART System Extension,
dated February 28, 1990.
Pursuant to Section IV(C) of the above-referenced Comprehensive Agreement, BART
will either(1)seek state reimbursement through state Proposition 108 fiends already programmed
for the SFO/CSX extension, or(2) seek MTC concurrence that the costs should be borne by the
West Bay bridge toll reserves or San Mateo sales tax revenues.
7. The funds in the capital accounts set up by these actions will be expended as quickly
as possible so as to delay charges to CCTA PROJECT FUNDS under this AGREEMENT as
long as possible. BART will include the capital accounts status in the CPR 200 and the
BART Capital Extensions Program Monthly Financial Report required under Exhibit B to
this AGREEMENT.
Cooperative Agreement 21.00.02
Exhibit E
Page 2of2
5-18-92
COOPERATIVE AGREOWEN'T BETWEEN
THE CONTRA COSTA TRANSPORTATION AUTHORITY AND
SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT
Cooperative Agreement 21.00.02
ATTACEWENT 1
Cost Allocation for Willow Pass Project
THIS ATTACHMENT 1 is contemplated by paragraph 7 of, and hereby is made a part of,
Cooperative Agreement 21.00.02 and together they are referred to as the AGREEMENT. The
capitalized terms used herein have the meanings set forth in this Cooperative Agreement
21.00.02 unless otherwise provided herein. This ATTACHMENT 1 sets forth the cost
allocation from Measure C and other sources.
A. This ATTACHMENT 1 sets forth the relative shares of the cost of the Willow
Pass Grade Lowering Project as described in Recital l of Cooperative Agreement 90.14.01, (the
"Caltrans Cooperative Agreement", between the State of California("Caltrans"), AUTHORITY
and BART), as the PROJECT(hereinafter the"WILWW PASS PROJECT") to be borne by the
Rail Extension project account described in paragraph 2(a) below (hereinafter "BART
OMWSION FUNDS")and the fund sources described in paragraphs 2(b) through 2(e) of this
ATTACHMENT 1, (hereinafter "HIGHWAY FUNDS".)
B. The Contra Costa Transportation Improvement and Growth Management Program
(hereinafter "MEASURE C") sets aside$178 million(1988 dollars) for the rail extension from
Concord to Eastem Contra Costa. AUTHORITY and BART have entered into Cooperative
Agreements relative to the BART rail extension, including Cooperative Agreement 21.00.01
which provided $14.4 million for final design, and this AGREEMENT which establishes the
framework for the AUTHORITY's commitment of $178 million (1988 dollars) to the East
County rail project. Cooperative Agreement 21.00.01 is subsumed within this Agreement
21.00.02. The Caltrans Cooperative Agreement provides for construction of the VMWW
PASS PROJECT.
C. MEASURE C sets aside$80 million(1988 dollars) for highway projects eligible
under the Route 4 (east) category. The WILLOW PASS PROJECT as defined in the Caltrans
Cooperative Agreement is specifically mentioned in MEASURE C, and hence is an eligible
project to receive MEASURE C sales tax funds.
D. Since the highway widening with median for BART, and the resulting grade
reduction incorporated in the WILLOW PASS PROJECT are necessary pre-requisites to the
BART rail ecpansion to East county, both HIGHWAY FUNDS and BART EXTENSION
FUNDS are appropriate fund sources. Cost sharing guidelines, needed to determine the
appropriate proportion of the WEU.OW PASS PROJECT cost that is to be borne by each fund
source, are set forth below:
Cooperative Agreement 21.00.02
Attachment 1
Page 1 of 5
5-2-92
LT IS MUTUALLY AG1�7D
1_ The following tasks,are necessary for the completion of the WILLOW PASS
PROJECT, and are therefore eligible for funding from the sources identified in paragraph 2 of
this ATTACF[MENT 1:
(a) Preparation of Environmental Documentation;
(b) Preliminary and Final Design;
(c) Right-of-way acquisition;
(d) Utility Relocation;
(e) Construction;
(f) Construction Management.
Funds expended since February 8, 1988 through the settlement of all construction claims are
covered by this ATTACEMENT 1. Tasks performed by the County of Contra Costa as the
Route 4 Willow Pass Grade project proponent under the terms of Measure C, are eligible for
funding under this paragraph.
2. The following fund sources are available for the tasks set forth in paragraph 1 of
this ATTACHMENT 1: _
(a) CCTA MEASURE C "Rail Extension from Concord to North Concord and
Eastern Contra Costa" project category;
(b) CCTA MEASURE C "Route 4 (east)" project category;
(c) State highway account funds;
(d) Federal highway demonstration funds;
(e) Mitigation funds from the U.S. Navy.
3. The allocation of costs under this ATTACBMENT 1 is initially based upon the
final engineer's estimate, which is attached hereto as Exhibit 1-A and hereby incorporated into
this ATTACHMENT 1 and made a part hereof by reference. As determined by an analysis of
the individual bid items contained in Exhibit 1-A for WH-LOW PASS PROJECT, BART
EXTENSION FUNDS shall bear 40 percent of the cost for tasks described in paragraph 1 of this
ATTACHMENT 1. The balance of the costs are to be borne by HIGHWAY FUNDS, (60
percent). All WILLOW PASS PROJECT costs shall.initially be paid from BART EXTENSION
FUNDS or HIGHWAY FUNDS in accordance with the percentage allocation set forth in this
paragraph-
4. Upon.acceptance of the finally constructed WILLOW PASS PROJECT by
Caltrans, the final percentage allocation between the BART EXTENSION FUNDS and
HIGHWAY FUNDS shall be recalculated using the awarded bid prices and the actual measured
quantities taking into account all approved contract change orders and claims, whose cost
allocation shall be determined in accordance with paragraph 6 below. The recalculation shall
use the same methodology as was used for determining the initial percentage allocations from
the final engineer's estimate, described in paragraph 3 of this ATTACFAIEENT 1, but in addition
it shall talo--into account the agreed-upon cost allocation of any approved contract change orders
and claims. All allocations of WII.LOW PASS PROJECT costs between the BART
Cooperative Agreement 21.00.02
Attachment 1
Page 2 of 5
5-2-92
EXTENSION FUNDS an(— ie HIGHWAY FUNDS made in acc(7 ince with paragraph 3 of
this ATTACHMENT 1 will then be finally adjusted to reflect the recalculated percentage shares.
5. Should the AUTHORITY be successful in obtaining State Local Partnership funds
(authorized by Streets and Highways Code Section 2600) for the WILLOW PASS PROJECT,
the "Rail extension from Concord to North Concord and Eastern Contra Costa" project account
within the MEASURE C program will be initially credited with.such Partnership funds in the
same proportion that the BART EXTENSION FUNDS funded the WILLOW PASS PROJECT,
and finally adjusted as set forth above. For accounting purposes, the credit will be discounted
to equivalent 1988 dollars consistent with paragraph 5 of this Cooperative Agreement 21.00.02.
6. For purposes of determining the final percentage allocation as set forth in
paragraph 4, above, Contract Change Orders and construction claims (hereinafter "CCO") paid
from AUTHORITY funds shall be allocated between the BART EXTENSION FUNDS and the
HIGHWAY FUNDS in accordance with the following:
(a) The actual measured quantities and resultant costs of each CCO pay item
will be allocated between BART EXTENSION FUNDS and HIGHWAY
FUNDS in the same proportion as the particular pay item was allocated
in Exhibit 1-A, unless the proposed change in the gay item is
attributable to the BART or highway component of the WILLOW PASS
PROJECT in a different proportion from that included in the final
engineer's estimate. If so the latter proportion shall be used.
(b) The actual measured quantities and resultant costs of each CCO pay item
that is new, and-hence not included in Exhibit IA, will be allocated
between BART EXTENSION FUNDS and HIGHWAY FUNDS, using
the methodology of Exhibit 1-A as a guide.
7. Notwithstanding Article 15 of Section I of the Caltrans Cooperative Agreement,
in order to qualify the BART EXTENSION FUNDS as match for either Proposition 108, 116
or other State Transit Assistance, AUTHORITY will, if necessary to validate the match, and to
the degree permitted by its Master Fund Transfer Agreement with Caltrans, disburse the BART
EXTENSION FUND's share of the WILLOW PASS PROJECT costs to BART for subsequent
payment to Caltrans.
8. • Upon a written request from BART, AUTHORITY will pursue, to the extent
provided in Article 1 of Section I of the Caltrans Cooperative Agreement, additional construction
services for the satisfactory completion of the WILLOW PASS PROJECT.
9. Should BART, pursuant to its rights under Article 7 of Section I of the Caltrans
Cooperative Agreement, disapprove a change order that is subsequently implemented by
CALTRANS, the AUTHORITY agrees to seek resolution of the matter pursuant to the "invoice
discrepancy procedures" referenced in its Master Fund Transfer Agreement with Caltrans.
10. With respect to the total obligation of funds for the WILLOW PASS PROJECT,
the AUTHORITY will obtain written concurrence from an authorized representative of BART
Cooperative Agreement 21.00.02
Attachment 1
Paje 3 of 5
5-2-92
prior to increasing such 0,(- ation above$66,000;000; provided do,uch concurrence shall not
be required to the extent that such increase is funded solely from HIGHWAY FUNDS.
11. In the event that the lowest responsible bid for the WILLOW PASS PROJECT
exceeds the engineer's estimate by more than 5%, AUTHORITY and BART shall agree on a
course of action, before AUTHORITY reaches agreement with STATE.
12. AUTHORITY agrees to provide BART advance written notification, to consult
with, to seek written concurrence, and if time permits to obtain a written response, before
implementation, on all change orders not wholly allocated to HIGHWAY FUNDS, which:have
an estimated cost of over$50,000, have an estimated schedule impact of over one week or were
generated by a request from any agency, company or person other than the parties to this
AGREEMENT or a Caltrans Department other than Construction, except when necessary for
the safety of motorists and/or pedestrians, or for the protection of property.
13. Upon execution of this ATTACHMENT 1, AUTHORITY will advise BART in
writing of the expenses incurred to date by the AUTHORITY (hereinafter "PRIOR
AUTHORITY EXPENSES")in connection with tasks accomplished pursuant to paragraphs 1(a)
through 1(d) of this ATTACHMENT 1. The PRIOR AUTHORITY EXPENSES will be
apportioned between the HIGHWAY FUNDS and the BART EXTENSION FUNDS in
accordance with the percentage allocations determined in paragraphs 3 and 4 of this
ATTACHMENT 1. The proportion of PRIOR AUTHORITY EXPENSES to be borne by BART
EXTENSION FUNDS will be discounted to 1988 dollars, consistent with paragraph 5 of this
Cooperative Agreement 21.00.02 and deducted from the remaining balance of the CCTA
PROJECT FUNDS defined in paragraph 5 of this Cooperative Agreement 21.00.02. Thereafter,
AUTHORITY will advise BART on a quarterly basis of additional expenses incurred by
AUTHORITY in connection with paragraph 1 of this ATTACI DENT 1. These additional
expenses will be discounted to 1988 dollars and charged to CCTA PROJECT FUNDS consistent
withthe procedures described earlier in this paragraph 13.
14. With respect to funds expended by BART pursuant to BART Agreement 04CB-
610, dated February 8, 1988 with the County of Contra Costa, upon termination of that
Agreement, which is to occur no later than September 30, 1992, BART will advise the
AUTHORITY in writing of the funds disbursed by BART under the terms of that Agreement,
(hereinafter "PRIOR BART EXPENSES"). These PRIOR BART EXPENSES will be
apportioned between the HIGHWAY FUNDS and the BART EXTENSION FUNDS in
accordance with the percentage allocations determined in paragraphs 3 and 4 of this
ATTACHMENT 1. The proportion of PRIOR BART EXPENSES to be borne by the
HIGHWAY FUNDS will be discounted to 1988 dollars, consistent with paragraph 5 of this
Cooperative Agreement 21.00.02 and added to the remaining balance of the CCTA PROJECT
FUNDS.
Cooperative Agreement 21.00.02
Attachment 1
Page 4 of 5
5-2-92
15. This ATTACHMENT 1 will terminate upon completion of construction and
settlement of all claims for the WILLOW PASS PROJECT.
SAN FRANCISCO BAY AREA CONTRA COSTA
RAPID 7SITDISTRICT TRANSPORTATION AUTHORITY
b by. ,,
rank) W n Rob Y— M 1
Gen er Executive Director
Cooperative Agreement 21.00.02
Attachment 1
Page 5 of 5
5-2-92
EXHIBIT 1-A
Cooperative Agreement No. 21.00.02
Exhibit 1-A of Attachment 1
5-18-92
Parsons 303 Second Street
BrinckerhoN Suite 700 North
Quade& San Francisco, CA 94107-1317
Douglas.Inc- 415-243-4600
Engineers
Architects Fax.415-243-9501
Planners
May 11, 1992
Contra Costa County
Public Works Department
255 Glacier Drive
Martinez, California 94223-4897
Attention: Mr. Robert V. Faraone
Senior Civil Engineer
Reference: State Route 4 - Willow Pass Grade Lowering
Willow Pass Road (Concord) to Bailey Road
Contra Costa County Project No. 4660-6X4110
Subject: Cooperative Agreement Between
The Contra Costa Transportation Authority and the
San Francisco Bay Area Rapid Transit District
Cooperative Agreement 21.00.02
Exhibit 1-A to Attachment 1
Cost Allocation for Willow Pass Project
Dear Mr. Faraone:
Attached is a revised cost breakdown of the construction costs between highway
and BART. Of the total $58,884,000, $351326,307 is attributed to highway and
$23,557,693 is attibuted to BART_
The cost of all items that can be attributed readily to highway or BART were
assigned directly.
Based on the analysis performed at the 65%submittal,
190101 ROADWAY EXCAVATION
was split 67% to BART and 33% to highway. This can be attributed to the wider
median and flatter grades required for BART. Because they are closely related to
roadway excavation, the following items were arbitrarily split 67% to BART and
33%to highway: o .
160101 CLEARING AND GRUBBING
180101 BINDER (Dust Palliative)
190191A FURNISH AND INSTALL PIEZOMETER CASING
190191C DRILL HOLE (Piezometer)
203003 STRAW (Erosion Control)
203014 FIBER (Erosion Control)
203040 SEED (Erosion Control)
ev..nwc«ara►
203056 COMMERCIAL FERTILIZER (Erosion Control)
681501 FURNISH AND INSTALL DRAIN PIPE (Horizontal Drain)
681502 DRILL HOLE (Horizontal Drain)
Supplemental Work
066620A SLOPE DEWATERING
153223A REMOVAL OF UNSUITABLE MATERIAL
681605B ADDITIONAL UNDERDRAINS
Retaining walls 5, 6, & 7 along Evora Road and Willow Pass Road were attributed
to highway. All of the other retaining walls would not be required if BART were
not included and were therefore assigned to BART, the following items were
distributed as shown:
BART HWY
192037 STRUCTURE EXCAVATION (Ret Wall) 6,970 CY 300 CY
193013 STRUCTURE BACKFILL (Ret Wall) 9,000 CY 440 CY
193031 PERVIOUS BACKFILL MAT(Ret Wall) 505 CY 5 CY
510108 CLASS A CONCRETE (Ret Wall) 2,870 CY 110 CY
520103 BAR REINFORCING STEEL(Ret Wall) 295,200 LB 6,800 LB
800302 CHAIN LINK FENCE (CL-3, Vinyl-Clad) 1,480 LF 0 LF
800361 CHAIN LINK FENCE (CL-6, Vinyl-Clad) 0 LF 430 LF
The total of the items above is $46,285,407, of which $27,767,292 was for highway
and $18,518,115 is for BART-a ratio of 40% BART to 60% highway. This ratio
was then applied to the following items:
070010 PROGRESS SCHEDULE (Critical Path)
071320 TEMPORARY CHAIN LINK-FENCE (Type CL-6)
073006 18"TEMPORARY CULVERT
073006A 18"TEMPORARY STEEL FLARED END SECTION
073008 24"TEMPORARY CULVERT
073008A 24"TEMPORARY STEEL FLARED END SECTION
073011 36" TEMPORARY CULVERT
073011A 36"TEMPORARY STEEL FLARED END SECTION
073013 48"TEMPORARY CULVERT
120090 CONSTRUCTION AREA SIGNS
120100 TRAFFIC CONTROL SYSTEM
120120 TYPE III BARRICADE
120150 TEMPORARY PAVEMENT MARKING
120161 TEMPORARY TRAFFIC STRIPE
120165 CHANNELIZER (Surface Mounted)
120300 TEMPORARY PAVEMENT MARKER
128201 TEMPORARY DELINEATOR (Class 1)
129000 TEMPORARY RAILING (Type K)
129100 TEMPORARY CRASH CUSHION MODULE
170101 DEVELOP WATER SUPPLY
197040A EARTH RETAINING STRUCTURE (Filter Fabric Wall)
999990 MOBILIZATION 10%
State Furnished Materials.
066105 RESIDENT ENGINEERS OFFICE
The method used for this cost breakdown is the same as the method used at the
65% submittal. Please call if you require additional information regarding this
issue.
Very truly yours,
PARSONS BRINCKERHOFF QUADE& DOUGLAS, INC_
el
�";?�14�7 117,L I
Robert L. McFarland
Project Manager
cc: Paul Maxwell
Gary LaBonte
attachments:
PB Logout No.1067
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4-cc-4 19.7/20.8
Bailey Road Interchange
4303-228011
Dist. Agent. No. 4-1431-C
Document No. CC-7- *14.02-aoCCTA Agreement No.
COOPERATIVE AGREEMENT
This AGREEMENT, entered into on J 4foh id is
-Ij
between the STATE OF CALIFORNIA, acting by and through its De-
partmeht of Transportation, referred to herein as "STATE", -
CONTRA COSTA TRANSPORTATION AUTHORITY
a public entity, referred to herein
as "AUTHORITY",
AND
SAN FRANCISCO BAY AREA RAPID TRANSIT
DISTRICT, a public entity, referred to-"
herein as "BART" . CIO
RECITALS
GO
'
(1) STATE, AUTHORITY, and BART contemplate jointly
constructing improvements consisting of reconstructing the Bailey 1.
Road Interchange on State Highway Route 4 in the City of
Pittsburg, to provide a median of sufficient width to accommodate
a six lane highway expandable to eight lanes and a BART rail sys-
tem, construction of BART transit facilities up to subballast in
the Route 4 median including station platform and foundations,
and construction of pedestrian improvements and a bicycle path,
all referred to herein as "PROJECT" .
-1- DUPLICATE ORf(-
District Agreement No. 4-1431-C
(2) STATE is authorized to do all acts necessary, con-
venient or proper for the construction or improvement of all
highways under its jurisdiction, possession, or control.
(3) The Contra Costa County Transportation Improvement
and Growth Management Ordinance (No. 88-01) which was approved by
the Contra Costa County voters on November 8, 1988, referred to
herein as "MEASURE C", authorized the creation of AUTHORITY and
empowered AUTHORITY to impose a 1/2 percent transactions and use
(sales) tax for a period of 20 years, commencing April 1, 1989,
to finance transportation improvements in Contra Costa County.
AUTHORITY is authorized to fund the design, acquisition of right
of way for and construction of MEASURE C projects on the State
Highway System.
(4) AUTHORITY is willing to initially bear 100 percent
of the total actual costs of construction of PROJECT. AUTHORITY
will be reimbursed by STATE for a portion of said costs from
State-Local Partnership funds according to the procedures con-
tained in the State-Local Partnership Program. The construction
of PROJECT is not receiving any other State funds, in accordance
with Streets and Highways Code Sec. 2601(b) (3) .
(5) STATE, AUTHORITY, and BART are public agencies au-
thorized under the Streets and Highways Code, Government Code
Section 14529. 11 and Public Utilities Code Sections 28500 et seq.
to enter into an agreement under which STATE will advertise,
award and administer the construction contract and provide con-
struction oversight for PROJECT. STATE and AUTHORITY will pro-
-2-
....... ... ..ck.....,.
District Agreement No. 4-1431-C
vide construction services. AUTHORITY will fund the costs of
construction, contract administration, and construction services
for PROJECT and the costs of right of way and utility protection,
relocation and removal.
(6) As part of a pilot program STATE and AUTHORITY do
mutually desire to use electronic procedures for monthly billing
and payments for costs incurred for construction and services for
PROJECT. The terms and requirements of electronic fund transfer
are addressed in a separate Master Agreement for Electronic Fund
Transfer between STATE and AUTHORITY, STATE District Agreement
No. 4-1382-C and AUTHORITY Cooperative Agreement Number 90.00.03,
referred to herein as "MASTER AGREEMENT", and all terms and con-
ditions thereof shall apply except for right of way capital costs
and right of way services costs which are not applicable to
PROJECT.
(7) STATE, AUTHORITY, and BART do mutually desire to
jointly participate in the construction of PROJECT and desire to
specify herein the terms and conditions under which PROJECT is
to be constructed, financed and maintained. '
(8) The preliminary and design engineering are ad-
dressed in a separate design Master. Agreement between STATE` and
AUTHORITY, STATE District Agreement No. 4-1376-C and. AUTHORITY
Cooperative Agreement Number 90.00.02 .
-3-
District Agreement No_ 4-1431-C
SECTION I
STATE AGREES•
(1) To provide all labor, materials, tools and equip-
ment for PROJECT including advertising, award, contract adminis-
tration, field office facilities, Resident Engineer, Structures
Representatives, Principal Assistant Resident Engineer, Field Of-
fice Engineer, available Entry Level Engineers, material source
inspection, independent assurance and specialty testing, survey-
ing coordination and other construction services as may be re-
quested by AUTHORITY for satisfactory completion of PROJECT. The
terms in the preceding sentence are as defined in various STATE
manuals, policies and procedures. The services to be provided by
STATE, when .combined with resources and work to be provided by
AUTHORITY, are referred to herein as "SERVICES" for the purpose
of determining AUTHORITY' s share of the cost of SERVICES.
(2) At no cost to AUTHORITY or BART, to provide that
portion of SERVICES that are included in STATE' s oversight re-
sponsibility_ for construction of PROJECT, including, but not lim-
ited to: District Office Engineer time; a full time Resident
Engineer; Resident Engineer' s Supervisor time; Structures Repre-
sentatives' Supervisor time; Assurance, Specialty and , Source
testing; in accordance with the provisions of STATE' s Policy and
Procedure Memorandum No. P90-01.
(3) To construct PROJECT by contract in accordance with.
plans and specifications for STATE Contract Number 04-228014 pre-
-4-
District Agreement No. 4-1431-C
pared for AUTHORITY by Contra Costa County' s Consultants, BART
and BART' s consultants and overseen by STATE_ AUTHORITY and BART
shall be named as additional indemnitees and, to the extent ap-
plicable, as additional insureds in the construction contract be-
tween STATE and the contractor for PROJECT.
(4) To establish separate -PROJECT accounts to accumu-
late charges and credits for all costs to be paid for by AUTHOR-
ITY pursuant to this Agreement_
(5) As construction of PROJECT proceeds, to use proce-
dures, as set forth in the MASTER AGREEMENT, to submit to AUTHOR-
ITY monthly summaries of charges for actual expenditures for
construction and SERVICES.
(6) Thereafter, to- prepare and submit two copies of de-
tailed monthly billing statements to AUTHORITY for construction
and SERVICES, as set forth in the MASTER AGREEMENT.
(7) To provide advance written notification, to consult
with, to seek written concurrence and if time permits to obtain a
written response, before implementation, from AUTHORITY on all
change orders, and from BART on all change orders affecting BART
facilities, which either have an estimated cost of over $50,000,
have an estimated schedule impact of over one week, or were gen-
erated by a request from any agency, company or person other than
the parties to this Agreement or a Caltrans Branch other than
Construction, except when necessary for the safety of motorists
and/or pedestrians or for the protection of property. If AUTHOR-.
ITY or BART provides written objection to a change order, AUTHOR-
S- -
District Agreement No. 4-1431-C
ITY shall have the right to seek resolution pursuant to the
discrepancy provisions of Section III of MASTER AGREEMENT.
(8.) To submit to BART for review and obtain written ap-
proval of all design changes and contractor submittals, such as
shop drawings or requests for substitution of materials, affect-
ing BART facilities. Upon completion of construction, to provide
BART with a copy of contractor' s record drawings affecting BART
facilities.
(9) To submit to AUTHORITY each month two copies of a
construction progress report which describes the work performed
and completed during the reporting period and gives pertinent
contract data such as change orders issued, cumulative costs of
change orders, progress payments made (reported in dollars) , and
percentage progress achieved to date, all in accordance with
STATE' s standard accounting practices.
(10) Upon completion of PROJECT and all work incidental
thereto, to furnish AUTHORITY with two copies of detailed state-
ments of the total actual costs of construction and SERVICES for
PROJECT, including the costs of any contract claims which have
been allowed to the construction contractor. STATE thereafter
shall refund to AUTHORITY (promptly after completion of STATE' s
audit) any amount of AUTHORITY' s payments STATE is holding„• after
actual costs to be borne by AUTHORITY have been deducted, or to
bill AUTHORITY for any additional amount required to complete
AUTHORITY' s financial obligations pursuant to this Agreement.
-6-
District Agreement No. 4-1431-C
(11) Upon presentation of documentation acceptable to
STATE, to accept the additional rights of way acquired for
PROJECT pursuant to Article (1) of Section II, and to own, oper-
ate and maintain all STATE highway facilities as constructed un-
der PROJECT in accordance with the provisions of the freeway
agreements and freeway maintenance agreements presently in effect
or as may be executed or modified hereinafter and make no . claim _
against AUTHORITY or BART for any portion of such maintenance ex-
pense. STATE shall transfer to BART at no cost to BART, upon ac-
ceptance by STATE of the PROJECT construction contract, the right
of way for BART facilities outside STATE' s and other public enti-
ties right of way, as referenced in Article 2 of Section III .
Maintenance of the bicycle path, pedestrian improvements, traffic
signals, local roads, and BART facilities within STATE right of
way will be covered in separate Maintenance Agreements with the
respective agencies.
(12) To consider AUTHORITY' s payment of the BART share
of the PROJECT, determined in accordance with the provisions of
the Cost Sharing Attachment to Cooperative Agreement No. 21.00.02
between AUTHORITY and BART, as a portion of the local match for
Proposition 108, 116 or TCI funds for the BART Rail Extension to
West Pittsburg. BART' s eligibility for these funds will be de-
termined in accordance with established California Transportation
Commission policies and procedures and will be addressed in a
separate agreement(s) .
-7-
District Agreement No. 4-1431-C
(13) STATE will, insofar as STATE may legally do so,
defend, indemnify and hold free and harmless BART and AUTHORITY
and their respective directors, officers and employees, and each
of them, from any and all claims, demands, suits, loss;- damages,
injury and liability, direct or indirect (including any and all
expenses in connection therewith) alleged to have resulted from
the construction by STATE of STATE facilities as part of PROJECT_
(14) After completion and acceptance of PROJECT, to the
extent it may legally do so, STATE agrees that upon request by
BART or AUTHORITY, and at BART' s or AUTHORITY' s sole cost and ex-
pense, STATE will pursue its legal remedies, if any, against
STATE' s construction contractor with regard to PROJECT.
SECTION II
AUTHORITY AGREES:
(1) To have Contra Costa County acquire all additional
right of way required for PROJECT in accordance with all applica-
ble State and Federal laws and regulations and in full conform-
ance with all STATE right of way procedures and practices, and to:
provide for Contra Costa County to certify, subject to STATE con-
currence, that legal and physical control of right of way has
been acquired, that same is ready for construction, and that all
right of way was acquired in accordance with applicable State and
Federal laws and regulations and in full conformance with all,
STATE right of way procedures and practices.
-8- .
District Agreement No. 4-1431-C
(2), To provide, at no cost to STATE, qualified support
staff and other resources necessary to supplement STATE resources
to accomplish PROJECT construction, including inspection, materi-
als acceptance sampling and testing, review of contractor submit-
tals, engineering support, and field office staff. Said
resources provided by AUTHORITY must be coordinated by and under
the specific direction of the STATE' s Resident Engineer. '
(3) To provide, at no cost to STATE, surveying and
staking services. Said resources provided by Authority must be
coordinated by and under the specific direction of the STATE' s
Resident Engineer.
(4) To bear 100 percent of the actual costs of right of
way and utility protection, relocation and removal costs of
PROJECT estimated to be $14,000,000.
(5) To bear one hundred percent (100%) of the total ac-
tual construction costs of PROJECT, estimated to be $39,700,000,
including the costs of STATE-furnished materials, supplemental
work, change orders, contract claims paid to the construction
contractor, and the costs of STATE' s defense of all
PROJECT-related claims which may be filed by said contractor un-
der Section 9-1.07 of STATE' s Standard Specifications; less any
reimbursement from State-Local Partnership funds, The, -actual
construction costs of PROJECT shall be based upon the final quan-
tities which shall be determined after completion of all work and
upon final accounting of costs.
-9-
C
District Agreement No. 4-1431-C
(6) To bear one hundred percent (100%) of the actual
costs of SERVICES for PROJECT, estimated to be $3,970,000. Said
costs of SERVICES shall include.. costs of providing personnel re-
sources, their equipment, and field office facilities and all di-
rect and indirect costs (functional and administrative overhead
assessment) attributable to STATE' s portion of SERVICES applied
in accordance with STATE' s standard accounting procedures, except
those costs which are determined to be included in STATE' S over-
sight responsibility. The actual costs of SERVICES for PROJECT
shall be determined after completion of all work and upon final
accounting of costs.
(7) AUTHORITY' s initial total obligation for the costs
of right of way, utility protection, relocation and removal, con-
struction and SERVICES for PROJECT is $57,670,000. This amount
is subject to increase to cover the costs of utility protection,
relocation and removal as provided in Article (10) of Section IV
of this Agreement. The total obligation may also be increased to
cover costs in excess of the initial estimated total costs of
construction and SERVICES. The total obligation may also be in-
creased to cover costs of archeological monitoring and recovery
for PROJECT, should any be required. Any increase in total obli-
gation will be subject to the written concurrence of AUTHORITY,
which will be incorporated by reference into this Agreement with-
out the necessity of a written amendment.
-10-
District Agreement No. 4-1431-C
(8) To use procedures, in accordance with the - MASTER
AGREEMENT, to make monthly payments to STATE for actual costs.
incurred for construction and SERVICES.
(9) To make supplemental payments and payments for SER-
VICES when required, in accordance with the MASTER AGREEMENT.
(10) To pay STATE upon completion of all work and
within 25 working days after receipt of a detailed statement made
upon final accounting of costs therefor, such amount as required
to complete AUTHORITY' s financial obligation pursuant to this
Agreement.
(11) To provide BART with a copy, upon receipt from
STATE, of the statements and reports to be provided by STATE in
accordance with Section I .
(12) At no cost to STATE to retain services of original
design consultant and its subcontractors to provide design sup-
port during construction.
SECTION III
BART AGREES:
(1) To provide, at no cost to STATE or AUTHORITY, qual-
ified field representatives and other resources necessary to mon-
itor PROJECT construction for BART facilities, including;
performing independent assurance inspections, testing and re-
views; independent specialty testing; independent off-site source
inspection; independent materials and workmanship acceptance in-
-11-
} District Agreement No. 4-1431-C
spection, sampling and testing; design engineering support; and
review of contractor submittals. Said resources provided by BART.
must be coordinated by and under the specific direction of the
STATE' s Resident Engineer, subject to the authority of the BART
representative defined in Article (11) of Section IV. BART will
not provide support personnel or other resources to supplement
STATE resources for the daily inspection, sampling, testing and
field office staff for PROJECT. This article shall in no way di-
minish the responsibility of STATE for the satisfactory con-
struction of PROJECT.
(2) To. accept the right of way for BART facilities out-
side STATE' s and other public entities' right of way and own, op-
erate and maintain all BART facilities as constructed under
PROJECT in accordance with the provisions of the cooperative
agreements and maintenance agreements presently in effect or as
may be executed or modified hereinafter and make no claim against
AUTHORITY or STATE for any portion of such maintenance expense.
Acceptance of said rights of way by BART is subject to a review
of a Policy of Title Insurance in BART' s name to be. provided and
paid for by AUTHORITY.
(3) At no cost to STATE to retain services of original
design consultant and its subcontractors to provide design sup-
port during construction.
-12-
District Agreement No_ 4-1431-C
SECTION IV
IT IS MUTUALLY AGREED AS FOLLOWS:
(1) All obligations of STATE under the terms of this
Agreement are subject to the appropriation of resources by the
Legislature and the allocation of resources by the California
Transportation Commission.
(2) All obligations of AUTHORITY under the terms of
this Agreement are limited as provided in the Contra Costa Trans-
portation Improvement and Growth Management Expenditure Plan,
dated August 3, 1988, and are subject to the availability of
funds in the annual budget of the AUTHORITY pursuant to Public
Utilities Code Sections 180105 and 180108. All obligations of
AUTHORITY under the terms of this Agreement are expressly subject
to AUTHORITY' s continued authorization to collect and expend the
sales tax provided by. MEASURE C. If for any reason AUTHORITY' s
right to collect or expend such sales tax is terminated or sus-
pended in whole or in part, AUTHORITY shall promptly notify STATE
and BART. STATE, BART, and AUTHORITY shall consult on a course
of action. If, after twenty five (25) working days, a course of
action is not agreed upon between STATE and AUTHORITY, this
Agreement shall be deemed to be terminated by joint consent pur-
suant to Article (8) of this Section IV; provided that any fur-
ther obligation from the date of notice shall be expressly
limited by and subject to (i) the lawful ability of AUTHORITY to
expend sales tax proceeds for the purposes of this Agreement; and
-13-
District Agreement No. 4-1431-C
(ii ) the availability of funds for such purposes, taking into
consideration all the obligations of AUTHORITY under all out-
standing contracts, agreements and other obligations of AUTHOR-
ITY.
(3) Should any portion of PROJECT be financed with Fed-
eral funds or State funds, all applicable laws, rules and poli-
cies relating to the use of such funds shall apply
notwithstanding other provisions of this Agreement.
(4) STATE' s goals for utilization of Minority and Wom-
en' s Business Enterprise (MBE and WBE) will be included in the
construction contract. The contract goals will be based on a
technical analysis of contract items and certified MBE/WBE sub-
contractors in the area. STATE will award PROJECT to the lowest
responsible bidder who meets the goals or who made,in the sole
judgement of STATE, a good faith effort to do so.
(5) STATE shall not advertise for bids to ,construct .
PROJECT until this Agreement is executed by all parties thereto.
Unless State-Local Partnership funding is in jeopardy of being
lost, STATE shall also not advertise for bids to construct
PROJECT until AUTHORITY delivers to STATE control and/or pos-
session to rights of way, free and clear of all encumbrances det-
rimental to STATE' s present and future uses at the tune of
certification of rights of way ready for construction. Accept-
ance of said rights of way by STATE is subject to a review of a
Policy of Title Insurance in STATE' s name to be provided and paid
for by AUTHORITY.
-14-
District Agreement No. 4-1431-C
(6) If, after opening bids for PROJECT, it i-S found
that the lowest responsible bid does not exceed the Engineer' s
Estimate by more than 50 of the estimate, STATE may award the
contract.
(7) If upon opening of bids for PROJECT, it is found
that the lowest responsible bid exceeds the Engineer' s Estimate
by more than 5% of the estimate, STATE, AUTHORITY, and BART shall
consult upon a course of action. If, after twenty five (25)
working days, a course of action is not agreed upon between
STATE and AUTHORITY, this Agreement shall be deemed to be termi-
nated by joint consent and the parties will proceed pursuant to
Article (8) of this Section IV.
(8) If termination of this Agreement is by joint con-
sent, AUTHORITY will bear one hundred percent (100%) of all
PROJECT-related costs incurred by STATE pursuant to this Agree-
ment, to the date of termination and as provided in Article (9)
of this Section IV.
(9) After award of the construction contract for
PROJECT, should AUTHORITY, after a request by STATE, not author-
ize funding beyond the amounts stated respectively in Articles
(4) , (5) , and (6) of Section II, STATE shall insure that all op-
erating roadways are in a safe and satisfactory permanent operat-
ing condition and then shall cease work on PROJECT. Additional
costs incurred in accordance with this article in excess of pay-
ments made will be billed and subject to payment by AUTHORITY.
-15-
District Agreement No. 4-1431-C
(10) If, during PROJECT construction, any unforseen
conflict with existing public and/or private utilities occur, or
there is a significant change required in any approved utility
relocation plan, then the provisions of STATE' s Standard Specifi-
cations, Section 8-1. 10 (Utilities and Non-Highway Facilities)
shall apply. AUTHORITY will bear one hundred percent (100%) of
costs of protection, relocation and removal of said utilities.
(11) In the construction of PROJECT, AUTHORITY and BART
may, at no cost to STATE, each furnish a field representative, if
they so desire. Said representative(s) and STATE' s Resident En-
gineer will cooperate and consult with each other, but the deci-
sions of STATE' s Resident Engineer shall prevail as final,
binding and conclusive in all matters concerning the PROJECT con-
struction contract. The BART field representative, working
through the STATE' s Resident Engineer, shall have the authority
to request cessation of the contractor' s operation on BART facil-
ities, wholly or in part, to approve or disapprove workmanship or
materials on BART facilities, or to suggest other appropriate
action when work on BART facilities is substandard or does not
comply with contract provisions. Only the STATE' s Resident Engi-
neer shall have the authority to suspend the contractor' s work.
(12) Upon completion of construction of PROJECT,, • STATE
will consult with AUTHORITY and BART before final acceptance of
the completed PROJECT.
District Agreement No. 4-1431-C
(13) STATE' s construction contract claims process will
be used in consultation with AUTHORITY and BART. AUTHORITY and
BART will abide by the outcome of STATE' s claims process.
(14) Upon completion of all work under this Agreement,
ownership and title to materials, equipment and appurtenances in-
stalled within STATE' s right of way will automatically be vested
in STATE, except that ownership and title to materials, equipment
and appurtenances for BART facilities installed within STATE' s
right of way will automatically be vested in BART, and materials,
equipment and appurtenances installed outside of STATE' s right of
way will be vested in BART or the appropriate public entity ac-
cording to the jurisdiction in which these materials, equipment
and appurtenances are located.
(15) Upon completion and acceptance of the PROJECT con-
struction contract by STATE, STATE will accept control of and
maintain, at its own cost and expense, those portions of PROJECT
lying within STATE' s right of way, except local roads, signals,
bicycle path and pedestrian improvements, delegated to the appro-
priate public entity and BART facilities delegated to BART for
maintenance.
(16) Maintenance of those portions of PROJECT lying
outside STATE' s and BART' s right of way and local roads, signals,
bicycle path and pedestrian improvements within STATE' s right of
way delegated to another public entity for maintenance will be
addressed in separate maintenance agreements between STATE and/or-
other
nd/orother respective involved public entities.
-17-
District Agreement No. 4-1431-C
(17) BART will accept control of and maintain, at
BART' s expense, BART facilities within BART' s and STATE' s right
of way. BART' s use of. STATE's right of way will be addressed in
a separate agreement between STATE and BART.
(18) BART will not begin revenue service within STATE' s
right of way until the separate right of way and maintenance
agreements have been executed.
(19) Pursuant to Government Code Section 895.4, STATE
shall fully indemnify and hold AUTHORITY and BART and their re-
spective directors, officers and employees, harmless from any li-
ability imposed for injury (as defined by Government Code Section
810.8) occurring by reason of anything done or omitted to be done
, by STATE under or in connection with any work, authority or ju-
risdiction delegated to STATE under this Agreement. Neither AU-
THORITY, BART, nor any director, officer or employee thereof,
shall be responsible for any damage or liability occurring by
reason of anything done or omitted to be done by STATE under or
in connection with any work, authority or jurisdiction delegated
to STATE under this Agreement.
(20) Pursuant to Government Code Section 895.4,. AUTHOR-
ITY shall fully indemnify and hold STATE and BART and their re-
spective directors, officers and employees, harmless from any
liability imposed for injury (as defined by Government Code Sec-
tion 810.8) occurring by reason of anything done or omitted to be
done by AUTHORITY under or in connection with any work, authority.
or jurisdiction delegated to AUTHORITY under this Agreement-
_18-
t ,
District Agreement No. 4-1431-C
Neither STATE, BART, nor any director, officer or employee
thereof, shall be responsible for any damage or liability occur-
ring by reason of anything done or omitted to be done by AUTHOR-
ITY under or in connection with any work, authority or
jurisdiction delegated to AUTHORITY under this Agreement.
(21) Pursuant to Government Code Section 895.4, BART
shall fully indemnify and hold STATE and AUTHORITY and their re-
spective directors, officers and employees, harmless from any li-
ability imposed for injury (as defined by Government Code Section
810.8) occurring by reason of anything done or omitted to be done
by BART under or in connection with any work, authority or juris-
diction delegated to BART under this Agreement. Neither STATE,
AUTHORITY, nor any director, officer or employee thereof,. shall
be responsible for any damage or liability occurring by reason of
anything done or omitted to be done by BART under or in con-
nection with any work, authority or jurisdiction delegated to
BART under this Agreement.
(22) Except as expressly provided herein no alteration
or variation. of the terms of this Agreement shall be valid unless
made in writing and signed by the parties hereto and no oral
understanding or agreement not incorporated herein shall be bind-
ing on any of the parties hereto.
-19-
District Agreement No. 4-1431-C
(23) The parties hereto recognize and agree that sepa-
rate counterpart signature pages may be used but that all such
pages shall constitute one and the same Agreement.
STATE OF CALIFORNIA CONTRA COSTA TRANSPORTATION
Department of Transportation AUTHORITY
JAMES W. VAN LOBEN SELS
Director of Transportation
By
Chairpers n
B
H. J NG
Deputy Dist is Director � e �
Attest: a�.�.�
t McClea ,
APPROVED AS TO FORM AND PROCEDURE Executive ect r
B--,,, A
PPROVED AS TO FORM AND
�,) q3k���
ATTORN Y
Department of Transportation
CERTIFIED AS TO FUNDS AND PROCEDURE S an Tayl r, A torney
I certify that funds have been
C:;,44� budgeted for the period and the
District' Accountin A inistrator purpose of payment to STATE
stipulated in the above Agreement
N4ZzecutiVe., hector
-20-
District Agreement No. 4-1431-C
(23) The parties hereto recognize and agree that separate
counterpart signature pages may be used but that all such pages
shall constitute one and the same Agreement.
STATE OF CALIFORNIA SAN FRANCISCO BAY AREA RAPID
Department of Transportation TRANSIT DISTRICT
JAMES W. VAN LOBEN SELS
Director of Transportation
Gen al nager
R_
H_ LING
st
,,�ic�'NGrec or
De ty D( �ict Direc4d6/
or
Attest:
APPROVED AS TO FORM AND PROCEDURE
APPROVED AS TO FORM AND
PROCEDURE
ATTORNEY �
Department of Transportation
CERTIFIED AS TO FUNDS AND PROCEDURE AW6rney San Francisco Bay
Atka Rapid Transit.DistrictlZ",
GO
District Accounting .AJini'strator
-21-
0 INAL
RIG ,
CONTRA COSTA TRANSPORTATION AUTHORITY
Resolution 93-04-
RE: APPROPRIATION OF FUNDS AND AUTHORIZATION TO EXECUTE A
CONSTRUCTION AGREEMENT FOR THE BAILEY ROAD INTERCHANGE
PROJECT (#1402).
WHEREAS, the Contra Costa Transportation Improvement and Growth Management
Expenditure Plan (hereinafter 'Plan") includes $80,000,000 in 1988 dollars for the Route 4
(east) project funding category; and
WHEREAS, the Plan also includes $178,000,000 in 1988 dollars for the Rail extension to
Eastern Contra Costa; and
WHEREAS, the Authority has executed Agreement No. 21.00.02 with BART that provides
for the allocation of construction costs to both the Route 4 (east) and Rail extension project
fund categories; and
WHEREAS, the Authority expects that the appropriation of funds by this Resolution will be
offset by receipt of state-local partnership funds; and
WHEREAS, the Authority has made prior fund appropriations for this project which are
summarized in Attachment A to this resolution,
WHEREAS, the Authority wishes that Caltrans administer the construction-of the Bailey
Road Interchange on Route 4 as well, as certain related BART facilities; now therefore be it
RESOLVED, that the Chair is authorized to execute Cooperative Agreement No. 90.14.02
between the Authority, BART and Caltrans for the construction of the Bailey Road
Interchange; and be it further
RESOLVED, that the Authority appropriates $44,000,000 for-the construction of the Bailey
Road Interchange and overall construction management; and be it further
RESOLVED, that the disbursed funds will be allocated between the Route 4 (cast) and rail
extension project fund categoniesi .in accordance with Cooperative Agreement 21.00.02.
&n Munn,nA_ Chair
yn
This RESOLUTION was entered into at a
meeting of the Contra Costa Transportation
Authority held January 11, 1993 in Walnut Creek, California
Attest:
tive Di tor
Robe MC6_1
ATTACHMENT B
COOPERATIVE AGREEMENT NO. 14.00.00
between
the Coots Costa Transportation Authority
and
County of Contra Costa
92ML IT A
Chronological Listing of Fund Appropriation Resolutions
Project Number Resolution Number Date Funds Appropriated Cumulative Total
90-20 I2-19-90 30.000
=30:,0:00
: :' I.401"r '< 14.fl1.01 I2-12-59 3.000.000 3,000,000
14.01.01A 06-20-90 400,000 3,400,000
14.01.02 09-27-90 900,000 4,300,000
90-17 12-05-90 500,000 4,800,000
91-04-P 02-20-91 105,000 4,905,000
91-05-P 03-20-91 572,000 5,477,000
91-06-P 03-20.91 200,000 - 5',677.000
91-48-P 09-18-91 1,170,000 6.847.000
91-36-P 09-18-91 824,000 7,671,000
91-37-P 09-18-91 3,416,000 11,087,000
91-48-P 02-19-92 -1.170,000 9,917,000
92-07-P 02-14-92 170.000 10,087,000
92-1I-P 3-18-92 -*66,000,000 76,087,000
91-36-P(revised) 6-17-92 855,000 76.942.000
92-19-P 6-17-92 160,000 77,102,000
92-19-P(revised) 9-16-92 -100,000 77,002,000
92-30-P 11-18--92 25.000 77.027.000
92-30-P(revision 1) 12/16/92 25,000 77,052,000
00
L�
-Actual expenditure of Measure C funds on this project will be allocated between the Route 4(cast)project category and the East Contra Costa
Rad(BART)project category on a perccatage basis provided by CCTA Agreement 21.00.02(approximately 60/40 split).
—Coastrtiction Funds to be disbursed directly to"trans.rather thaw Contra Costa County.
—Actual expenditure of Measure C funds on this project will be allocated between the Route 4(cast)project category and the East Contra Costa
I Rail(BART)project category on a percentage basis.(approximately 50150 split).
ATTACHMENT B
COOPERATIVE AGREEMENT NO-14.00-00
- - betwe¢n
the Contra Costa Transportation Authority
�. and
County of Contra Costa
... 14.02.01 06-27-90 400,000 400,000
91-08-P 03-20-91 120,000 520,000
91-07-P 3-20-91 2,000,000 2,520,000
91-07-P(Revision 1) 06-19-91 2,230,000 4,750,000
91-13-P 06-19-91 190,000 4,940,000
91-08-P(Revision 1) 09-18-91 321,000 5,261,000
91.47-P 09-18-91 14,960,000 20,221,000
91-08-P(Revision 2) 12-18-91 70,000 20,291,000
92-16-P 5-20-92 32,000 20,323,000
91-07-P(Revision 2) 7-15-92 735,000 21,058,000
91-08-P(Revision 3) 11-18-92' 172,000 ~21,230,000
92-31-P 11-18-92 75,000 21,305,000
92-31-P(revision 1) 12-16-92 35,000 21,340,000
93-03-P 1-20-93 5,000 21,345,000
93-04-P 1-20.93 ••44,000.000 65,345,000
TOTAL FUNDS
APPROPRIATED 142,427,000
'Actual expenditure of Measure C funds on this project will be allocated between the Route 4(cast)project category and the East Contra Costa
Rail(BART)project category on a percentage basis provided by CCTA Agreement 21.00.02(approximately 60/40 split).
"Construction Funds to be disbursed directly to Caltrans,rather than Contra Costa County-
...Actual expenditure of Measure C funds on this project will be allocated between the Route 4(cast)project category and the East Contra Costa
2 Rail(BART)project category on a percentage basis.(approximately 50/50 split).
March 23, 1993
File: 4-CC-4 19.7/20.8
4303-228011
Bailey Road IC
Mr. Robert K. McCleary Dist. Agmt. No. 4-1431-C
Executive Director
Contra Costa Transportation Authority
1340 Treat Blvd. , Suite 150
Walnut Creek, CA 94598
Attention: Mr. Paul Maxwell
Dear Mr. McCleary: � Q3
Subject: Executed Cooperative Agreement for Files
Enclosed for the Authority' s files are two (2) copies of
the fully executed Cooperative Agreement for reconstructing the
Bailey Road Interchange and for other improvements and BART
work on State Highway Route 4 in Pittsburg.
Sincerely,
PRESTON W. KELLEY
District Director
By
.lull"'_'
,5=
MAR ?- ROBERT A. ANDERSON, Chief
Project Development
{
Contra Costa II
Enclosures
1:1 •� •• 1• • ••. ICI i
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t. If�•: t/• :I :1 L:e - 11 / v 41•►" .II• 11✓.1." 1:1 Ii :• i:1 • 11 - ✓.A`t 4 ••'1:a .11
L ►►/lilt ' L ::/ 11.1 •• 1 • .Y• 1 :• 11 :/ 11 40;:1 ti11 I I :: • •'t i • 1 1
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:. ' •. •- :�� ' It.e' I • 11 " - it 1'1 ►:I 1 • ,11 1111 - :J /:I • 11 - :. ' •./ 11 :! YI✓.1111 •..
' • :V :11/ 1 •'ll 11r is v • 111 • .1 t Ilii /.w M .:/ 11 11 ' ••'e i .11 !J "►ill.ill 11-
•' 'J 1✓. • • 1 !'1 11✓.1 IIY. 11.t 1'1 1 • • ' ••/i .11 J ::►11 411 11 1 1
••'/4 .11 •J :illifl 111 Ve' ••' ,t :i f: - 1 t i i1V" .11/ 11./�- •a 1�' :• 1:1 1 11-
•-YI� .11 !J :ill it . :J ::• 11..1 11 - to 1 :� • • 1 ill � 1 • W'.t .t • i •••'i i ,11
11 •' 11 - Y•1`II VI •1 • / i. ' 1: • 1 i YI.11 • ' • .M
•1 •' . •• 1 ,11 .i 1• • ' i ' .II/ 41 :r, :• Itl •
•••i .11 y :41/4/1 • 11 - • 1 ••.:� • • U ••'ll.1 ,Y1 1 ' Ilti' • ill it N•t • 1/" i.
' •:t / . 1.1111 •- ' • :V •'1 Y, 'JI ' • I � t 11" � • ' 1/.t' I • 1 11 i iii.Y, 1:1 1
11 - 1 1'•4 . 1 J :i l it N - •" •J 1• • 1 / /1. I Y. I:r 1'1 1 1 • ' •
• y :411 ill • '1 ' 1 • •••:! • ' J :ill iI i V•' t•' .1 :e 1 i 1 t i 41 . I t it.••
•: I4 :• .11 1. 4 - 1. e' - 4 :t • 1 . 1 •• •••:' .1 !J :41/" 1
4. It was the intent of the parties to the Cooperative Agreements referenced in Recitals
1, 2, and 3 of this Agreement.(hereinafter collectively referred to as the COOPERATIVE
AGREEWRqM that
a. Said COOPERATIVE ACREENTENIS describe and authorize an integrated
transpotttation project which includes a BART and highway component as well as other
related fes; and
b. Said COOPERATIVE AGREEMRSTIS were further intended to be a joint
exercise of powers authorizing COUNTY to exerdw the power of enmment domain for the
acquisition of property on behalf of the parties.
C. Said joint exercise of powers does not constitute the creation of an agency or
entity which is separate from the parties to the agreement as described in California
Government Code section 6503.5.
5. By this Ate, AUTHORITY, BART, STATE and COUNTY intend to clarify
and reaffirm, in a single integrated agreement, executed by all parties, what was intended in said
COOPERATIVE AGREENffNM to-wit, that
a. The project includes the joint constr m on of imprnvements consisting of the
widening and improving of State l ighway Route 4 between Willow Pass Road in Concord
to RailroadAvenue in Pittsburg,reconstructingthe Bailey Road Ioxercbange on State Highway
4 in the City of Pittsburg,to provide a median of sufficient width to accommodate a six lane
highway, expandable to eight lanes, and a BART rail system, construction of BART transit
facilities up to subballast in the Route 4 median including station platform and foundations
and construction of pedestrian improvements, paddng facilities and a bicycle path (the
'PROJEM; and all references to the PROJECT in said COOPERATIVE AGREEMEtM
relevant to the exercise of the power of eminent domain included therein and herein includes
all of the above features of the PROJECT together with all supporting features necessary to
protect or preserve the safety and usefulness of the project;
b. With respect to the acquisition of any real property or interest therein required
for the PROJECT, or otherwise necessary to protect or preserve the safety or usefulness of
the PROJECT, the COOPERATIVE AGREEMENT'S are, and at all times relevant to the
PROJECT have been intended to be, a joint exercise of powers between AUTHORITY,
BART, STATE and COUNTY;
C. All real property or interests therein required for the PROJECT,or otherwise
necessary to protect or preserve the safety and usefulness of the PROJECT,may be acquired
by eminent domain through the exercise of said joint powers agreement.
Page 2 of 6
AGREEMENT
L $apose t+o Reatm AUTHORITY,BART,STATE and COUNTY hereby agree and
reaffirm that it was and is their intent that:
A For purposes relevant to the exercise of the power of eminent domain,
PROJECT,as that team is used in the COOPERATIVE A and herein,includes
all of the feattmes of the PROJECT as set out in Recital 5.a. of this Agreement; and
B. Pursuant to the terns of the COOPERATIVE AGREEMENTS, they shall
jointly exercise their respective powers of eminent domain to aoquire all real property or
interests therein required for the PROJECT or otherwise necessary to protect or preserve the
saf and usefulness of the PROJECT.
TL Lad A= cv: AUTHORITY, BART, STATE and COUNTY hereby agree and
reaffirm that,pursuant to the terms of the COOPERATIVE AGRERvi»TS, COUNTY is and has
been designated thetreby and hereunder as the party to administer the portion of the COOPERATIVE
AGREEMENTS relating to the acquisition of real property, through eminent domain or otherwise,
by and through its Board of Supervisors, County Officials and Departments and its attorneys.
III. Powers: AUTHORITY, BART, STATE and COUNTY agree and reaffirm that, at
all times from and after December 5, 1990,COUNTY has had the powers relating to the PROJECT
to conduct all public hearings to the and of adopting a resolution of necessity,to take whatever steps
are nay to initiate and dict to a conclusion such eminent domain proceedings as are
necessary to obtain title to any and all real property interests which are required for the mon
of the PROJECT, or otherwise necessary to protect or preserve the safety and usefulness of the _
PROJECT and in connection therewith to enter into any and all contracts to obtain performance of
all legal, engineering, appraisal, right of way, relocation assistance and related services.
TV. Ste= The responsibilities of the parties for costs of acquisition, construction and
maintenance of the PROJECT are described in the COOPERATIVE AGREEMENTS, and include,
but are not limited to payments for all legal,engineering,appraisal,right of way services and related
costs;payments for any and all relocation assistance claims;and payments to property owners of just
compensation for any and all property rights acquired by negotiation,settlement,condemnation award
or otherwise. `
V. SAj& Propel Title: AUTHORITY, STATE, BART and COUNTY agree and
reaffirm that COUNTY has the right to exercise the powers granted by the Eminent Domain Law to
acquire any real property, any interest therein, and any appurtenance thereto; required for the
PROJECT,or otherwise necessary to protect or preserve the safety and usefulness of the PROJECT,
and to transfer title to STATE or BART.
VI. Term This Agreement shall remain in effect until the COUNTY's mon to
perform eminent domain services has ternunated in accordance with the COOPERATIVE
AGREEMENTS.
Page 3 of 6
VII. �i� and Acoommtability: All parties shall be strictly accountable for all funds
under their control and, upon request, will report receipts and disbursements. No funds are
encumbered or obligated to the Project by any of the parties pursuant to this Agreement
VIII. Cbm&ms s: This Agreement may 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.
CONTRA COM COUNTY CONTRA COSTA TRANSPORTATION
AUTHORITY
ATTEST: ATTEST:
By; By: e
Cledc of the Board of Supervisors Robert K McCleary, Fxec utive Director
APPROVED AS TO FORM APPROVED AS TO FORM
By: 7�tra�C��
Legal Counsel f
Transportation Authority
Page 4 of 6
orcmoofiiivectDri
s�nr
BY• for
T �
YaSe 5 of 6
SAN FRANCLSCO BAY AREA RAPID
IRANSTr DISTRICT
General Manager
APPROVED AS TO FORM
By:
Legal Counsel for San Francisco Bay Area
Rapid Transit District
sIa11\a:\beRry.JPa
STtemb 9,1994
Page 6 of 6
- r
i
1
THE BOARD OF SUPERVISORS
2 CONTRA COSTA COUNTY, CALIFORNIA
3
Re: Condemnation of Property ) RESOLUTION OF NECESSITY
4 for Public Road Purposes, ) No. 93/ 226
State Highway 4/Bailey Road ) (C.C.P. S 1245.230)
5 Interchange W. Pittsburg ) (C.C.P. S 1240.610)
Area Project No. 4660-6X4158 ) (C.C.P. S 1240.510)
6 )
7
The Board of Supervisors of Contra Costa County, California,
8
by vote of two-thirds or more of its members, RESOLVES that:
9
Pursuant to Government Code section 25350.5 and Streets and
10
Highways Code section 943, Contra Costa County intends to
11
construct a road reconstruction project, a public improvement, to
12
widen State Highway 4 at Bailey Road, West Pittsburg area, and,
13
in connection therewith, acquire interests in certain real
14
property.
15
The property to be acquired consists of twenty-three parcels
16
and is generally located in the West Pittsburg area. The said
17
property is more particularly described in Appendix "A" , attached
18
hereto and incorporated herein by this reference.
19
On April 8, 1993, notice of the County's intention to adopt
20
a resolution of necessity for acquisition by eminent domain of
21
the real property described in Appendix "A" was sent to persons
22
whose names appear on the last equalized County Assessment Roll
23
as owners of said property. The notice specified Tuesday, April
24
27, 1993, at 11:00 a.m. in the Board of Supervisors Chambers in
25
the Administration Building, 651 Pine Street, Martinez,
26
California, as the time and place for the hearing thereon.
27
28
RESOLUTION NO. 93/226 EXHIBIT rope
The hearing was held at that time and place, and all
2 interested parties were given an opportunity to be heard. Based
3 upon the evidence presented to it, this Board finds, determines
4 and hereby declares the following: .
5 1. The public interest and necessity require the proposed
6 project.
7 2. The proposed project is planned and located in the
8 manner which will be most compatible with the greatest
9 public good and the least private injury.
10 3. The property described herein is necessary for the
11 proposed project.
12 4 . The offer required by and consistent with section
13 7267 .2 of the Government Code, together with the
14 accompanying statement of the amount established as
15 just compensation, was made to the owner or owners of
16 record.
17 5. Some of the property sought to be acquired is
18 appropriated to a public use. The determination and
19 finding is made that the proposed use is a more
20 necessary use than the use to which the property is now
21 appropriated, or a compatible public use. This
22 resolution is adopted pursuant to Code of Civil
23 Procedure sections 1240.510 and 1240.610.
`24 6.._ All conditions necessary to establish the right to take
25 the property required for the highway project have been
26 complied with.
27 The County Counsel of this County is hereby AUTHORIZED and
28 EMPOWERED:
RESOLUTION NO. 93! 226
1 To acquire in the County's name, by condemnation, the
2 property described in Appendix "A" , attached hereto and f
3 incorporated herein by this reference in accordance with the
4 provisions for eminent domain in the Code of Civil Procedure and
5 the Constitution of California:
6 The following parcels are to be acquired in fee simple
7 absolute: 51217-1, 51218-1(A) , 51218-1(B) , 51260-1, 51260-2,
8 51260-3, 51267-1 51276, 51277-1, 51313, 51319-1, 51316 and
9 52296-1 .
10 The following parcels to be acquired as a permanent roadway
11 easement: 52207-1.
12 The following parcels are to be acquired as a temporary
13 construction easement: 51260-5, 51319-2, 51319-4 and 51319-5.
14 The following parcel is to be acquired as a permanent sewer
15 easement: 51319-3.
16 The following parcels are to be acquired as a permanent WAPA
17 easement: 52296-2, 52207-2.
18 The following parcel is to be acquired as a permanent slope
19 and drainage easement: 51267-2.
20 The following parcel is to be acquired as an access
21 easement: 52318-1. f
22 To prepare and prosecute in the County's name such
23 proceedings in the proper court as are necessary for such
24 acquisition;
25 To deposit the probable amount of compensation, based on an
26 appraisal, and to apply to said court for an order permitting the
27 County to take immediate possession and use said real property
28 for said public uses and purposes.
RESOLUTION NO. 93/ 226
I PASSED and ADOPTED on April 27, 1993, by the following vote:
2 AYES: Supervisors Powers, Smith, Bishop, McPeak and Torlakson
3 NOES: None
4 ABSENT: None
5 I HEREBY CERTIFY that the foregoing resolution was duly and
6 regularly introduced, passed and adopted by the vote of two
7 thirds or more of the Board of Supervisors of Contra costa
8 County, California, at a meeting of said Board on the date
9 indicated.
10 Date: April 27, 1993
11
12
1 hereby ceMfy that this Is a true and omrrect copy of
13 an axion oaken and entered on to ednutes of e e
Board of supervisors an the dace shown.
14 ATTESTED. April .7, 199
PHIL BATCHELOR.Clerk of the Board
15 an
of Supwvbora d AdmW*uor
16 By
I .SPY
17
18
19
20
21
22
23 Orig. Dept. Public Works Department (R/P)
Contact:
24 Auditor-Controller
County Counsel (Certified Copy)
25 SLA/jhzdf
df11(3):bvy4.res
26
27
28
RESOLUTION NO. 93/226
State Highway 4
Bailey Road Interchange
The West Pittsburg Community
Church of God In Christ
APPENDIX "A" 04-CC-4-20.0 (51217-1)
PARCEL 51217-1 (FEE)
All that real property situated in the County of Contra Costa, State of California,
being a portion of the Northwest Quarter of Section 14,Township 2 North, Range
1 West, Mount Diablo Base Meridian more particularly described as follows:
Commencing at the Center Section Corner of said Section 14 as shown in Book 56
of Land Surveyor Maps at Page 38; thence N. 0' 04' 49" E along the centerline of
Bailey Road determined to be between the said Center Section Corner of Section
14 and the County monument in the centerline of Bailey Road at the northerly line
of the East Bay Municipal Utility easement as shown on Willow Glen Subdivision
5064 in Book 218 of Maps, at Page 27, Contra Costa County Records, a distance
of 775.26 feet; thence perpendicular to said centerline N. 89' 55' 11"W. a distance
of 20.00 feet to the northeastern most corner of that portion of Lot 6 of said
Section 14 as described in the Deed from George W. Lee to Louis P. Golfos et al,
recorded in Book 534 on Page 103 in the Contra Costa County Records said point
also being the northeast corner of that parcel of land described in the Deed to
Horace Paige in Book 2023 at Page 98 of Official Records and the TRUE POINT OF
BEGINNING of herein described real property; thence N. 89' 23' 24"W. along the.
north line of said Golfos parcel and the north line of that parcel of land described
in the Deed from S.G. Mims et al, to Jose M. Garcia et al, recorded in Book 1387
at Page 208, of Official Records a distance of 204.66 feet; thence leaving said
north line 154.21 feet along the arc of a nontangent curve concaved
southeasterly, having a radial bearing of N. 36' 02' 55"W., a radius of 248.00 feet
and a central angle of 35' 37' 38"; thence N. 89' 34'43" E a distance of 60.61 feet
to the westerly right of way of Bailey Road; thence S. 0' 04' 49" W. along said
westerly right of way a distance of 50.11 feet to the TRUE POINT OF BEGINNING.
Containing a grid area of 7,742 square feet of land more or less.
Bearings and distances are based on the California Coordinate System Zone III
(C.C.S. 83), all distances referenced herein are grid. Multiply distances shown by
1 .0000609 to obtain ground level distances. Multiply grid area by 1.0001218 to
obtain ground area.
Page 1 of 22
TRIOND
04-CC-4-20.0 (51218-1A & 51218-1 B)
PARCEL 51218-1 A (FEE)
All that real property situated in the County of Contra Costa, State of California,
being a portion of the Southeast Quarter of The Northwest Quarter of Section 14,
Township 2 North, Range 1 West, Mount Diablo Base and Meridian more
particularly described as follows:
Commencing at the Center Section Corner of said Section 14 as shown in Book 56
of Land Surveyors Maps at Page 38; thence N. 0' 04' 49" E. along the centerline of
Bailey Road determined to be between the said Center Section Corner of Section
14 and.the County monument in the centerline of Bailey Road at the northerly line
of the East Bay Municipal Utility easement as shown on Willow Glen Subdivision
5064 in Book 218 of Maps, at Page 27, Contra Costa County Records, a distance
of 439.91 feet;thence perpendicular to said centerline N. 89' 55' 11"W. a distance.
of 20.00 feet to the northeastern most corner of Parcel "A' of Record of Survey
recorded in Book 56 of Land Surveyors Maps, at Page 38 Contra Costa County
Records; thence N. 0' 04' 49" E. a distance of 99.99 feet along the westerly right
of way Fine of Bailey Road to the southeast corner of that parcel of land deeded
toTriond, a partnership, from Edward Davis et at, recorded in Book 15883 at Page
431 of Official Records and the TRUE POINT OF BEGINNING of herein described
real property; thence continuing along said westerly right of way N. 0' 04' 49" E.
a distance of 235.36 feet to the northeastern most corner of that portion of Lot
6 of said Section 14 as described in the Deed from George W. Lee to Louis P.
Golfos et al, recorded in Book 534 on Page 103 in the Contra Costa County
Records said point also being the northeast corner of that parcel of land described
in the Deed to Horace Paige in Book 2023 at Page 98 of Official Records, thence
N. 89' 23' 24" W. along the north line of said Golfos parcel a distance of 158.16
feet to the northeasterly corner of that parcel of land described in the Deed from
S.G. Mims et al, to dose M. Garcia et al, recorded in Book 1387 at Page 208, of
Official Records; thence leaving said north line S. 0' 04'49"W. along the east line
of said Garcia parcel a distance of 85.80 feet; thence leaving said east line, 80.45
feet along the arc of a nontangent.curve concaved southeasterly having a radial
bearing of N. 31' 08' 57"W., a radius of 150.00 feet and a central angle of 30' 43'
40'; thence N. 89' 34' 43" E. a distance of 69.01 feet; thence 16.24 feet along the
arc of a curve to the right having a radius of 10.00 feet and a central angle of 93* .
04' 06"; thence S. 2' 38' 49"W. a distance of 213.01 feet to the south line of said
Triond parcel; thence S. 89' 23' 24" E. along said south line a distance of 12.15
feet to the TRUE POINT OF BEGINNING.
Containing a grid area of 4,247 square feet of land more or less.
Page 2 of 22
Bearing and distances are based on the California Coordinate System Zone III
(C.C.S. 83), all distances referenced herein are grid. Multiply distances shown by
1 .0000609 to obtain ground level distances. Multiply grid area by 1 .0001218 to
obtain ground area.
04-CC-4-20.0 (51218-1 B)
PARCEL 51218-1 B (FEE)
All that real property situated in the County of Contra Costa, State of California,
being a portion of the Southeast Quarter of The Northwest Quarter of Section 14,
Township 2 North, Range 1 West, Mount Diablo Base and Meridian more
particularly described as follows:
Commencing at the Center Section Corner of said Section 14 as shown in Book 56
of Land Surveyors Maps at Page 38; thence N. 0' 04' 49" E along the centerline of
Bailey Road determined to be between the said Center Section Corner of Section
14 and the County monument in the centerline of Bailey Road at the northerly line
of the East Bay Municipal Utility easement as shown on Willow Glen Subdivision
5064 in Book 218 of Maps, at Page 27, Contra Costa County Records, a distance
of 439.91 feet;thence perpendicular to said centerline N. 89' 55' 11"W.adistance
of 20.00 feet to the northeastern most corner of Parcel "A" of Record of Survey
recorded in Book 56 of Land Surveyors Maps, at Page 38 Contra Costa County
Records, said point being the TRUE POINT OF BEGINNING of herein described real
property; thence N. 0' 04' 49" E a distance of 99.99 feet along the westerly right
of way line of Bailey Road to the southeast corner of that parcel of land deeded
to Triond, a partnership, from Edward Davis et al, recorded in Book 15883 at Page
431 of Official Records; thence leaving said westerly line N. 89' 23' 24"W. along
the south line of said Triond parcel a distance of 12.15 feet; thence leaving said
south line S. 2' 38' 49" W. a distance of 177.51 feet; thence S. 39' 23' 22" W. a
distance of 14. 44 feet; thence N. 89' 33' 12" W. a distance of 128.91 feet to the
westerly line of said Parcel "A"; thence S. 0' 04' 49" W. along said westerly line a
distance of 17.32 feet to the northwesterly Corner of the parcel of land dedicated
to the County of Contra Costa in document recorded May 10, 1982, in Book
10775 at Page 703 of Official Records; thence S. 89' 54'02n E. along the north line
of said dedication a distance of 138.14 feet; thence 31 .42 feet along the arc of a
tangent curve concaved northwesterly having a radius of 20.00 feet and central
angle of 90' 01' 09" to a point in the westerly-right of way line of Bailey Road;
thence N. 0' 04' 49" E along said westerly line a distance of 84.94 feet to the
TRUE POINT OF BEGINNING.
Lands abutting said freeway shall have no rights or easement of access thereto.
Containing a grid area of 5,715 square feet of land more or less.
Page 3 of 22
Bearing and distances are based on the California Coordinate System Zone 111
(C.C.S. 83), all distances referenced herein are grid. Multiply distances shown.by
1 .0000609 to obtain ground level distances. Multiply grid area by 1 .0001218 to
obtain ground area.
North State Development
04-CC-4-19.6 (51260-1 , 51260-2,
51260-3 & 51260-5)
PARCEL 51260-1 (FEE)
All that real property situated in the City of Pittsburg, County of Contra Costa,
State of California, being a portion. of the Southwest Quarter of Section 14,
Township 2 North, Range 1 West, Mount Diablo Base and Meridian more
particularly described as follows:
Commencing at the South Quarter corner of Section 14; thence N. 0' 05' 46" E
along the east line of said Southwest Quarter of Section 14 a distance of 1188.97
feet to the intersection with the centerline of Leland Road as shown on Oak Hills,
Unit 1 , Subdivision 6887, Book 324 of Maps, at Page 44, Contra Costa County
Records; thence N. 89' 54' 35"W. a distance of 893.22 feet along said centerline;
thence 183.83 feet along the arc of a tangent curve to the right with a radius of
1 ,041 .94 feet and a central angle of 10' 06' 31"; thence N. 79' 50' 33" W. a
distance of 314.04 feet to the southwesterly corner of that parcel of land
described in deed to San Francisco Bay Area Rapid Transit District, in Book 12258,
at Page 988, Official Records; thence N..O'05' 25" E along the westerly line of that
parcel described in said Book 12258 at Page 988, a distance of 1 ,070.97 feet to
a point in the proposed southerly right of way of State Route 4; thence N. 82' 43'
58"W. along said proposed right of way a distance of 366.87 feet; thence S. 0' 05'
25"W. a distance of 45.45 feet; thence N. 76' 23' 27"W. a distance of 414.54 feet;
thence N. 71' 55' 27"W. a distance of 339.30 feet to a point in the existing Route
4 right of way which lies 163.48 feet right of"E4" line station 567+88.76; thence
leaving said proposed right of way and continuing along said existing Route 4
right of way N. 71' 55' 27" W. a distance of 83.31 feet to the TRUE POINT OF
BEGINNING of herein described real property; thence continuing N. 71' 55' 27"W.
.along said existing Route 4 right of way a distance of 139.26 feet to a point on
the west line of the southwest quarter of said Section 14, said point lies S. 0' 36'
27" W. a distance of 78.09 feet from the west quarter corner of said Section 14
and N. 0' 36' 27" E. a distance of 2,583.20 feet from the southwesterly corner of
said Section 14; thence leaving said existing right of way S. 0' 36' 27" W. a
distance of 51 .41 feet to a point on the proposed State Route 4 southerly right of
way; thence along said proposed southerly right of way N. 86' 28' 11" E. a
distance of 133.19 feet to the TRUE POINT OF BEGINNING.
Page 4 of 22
Lands abutting said freeway shall have no rights ,or easement of access thereto.
Containing a grid area of 3,415 square feet of land more or less.
Bearings and distances are based on the California Coordinate System Zone III
(C.C.S. 83), all distances referenced herein are grid. Multiply distances shown by
1 .0000609 to obtain ground level distances. Multiply grid area by 1 .0001218 to
obtain ground area.
04-CC-4-19.6 (51260-2)
PARCEL 51260-2 (FEE)
All that real property situated in the City of Pittsburg, County of Contra Costa,
State of California, being a portion of the Southwest Quarter of Section 14,
Township 2 North, Range 1 West, Mount Diablo Base and Meridian more
particularly described as follows:
Commencing at the South Quarter corner of Section 14; thence N. 0' 05' 46" E.
along the east line of said Southwest Quarter of Section 14 a distance of 1 ,188.97
feet to the intersection with the centerline of Leland Road as shown on Oak Hills,
Unit 1 , Subdivision 6887, Book 324 of Maps, at Page 44, Contra Costa County
Records; thence N. 89' 54' 35"W. along said centerline of Leland Road a distance
of 893.22 feet; thence 183.83 feet along the arc of a tangent curve to the right
with a radius of 1 ,041 .94 feet and a central angle of 10' 06' 31"; thence N. 79' 50'
33"W. a distance of 314.04 feet to the southwesterly corner of that parcel of land
described in deed to San Francisco BayArea Rapid Transit District, in Book 12258,
at Page 988, Official Records; thence leaving said centerline N. 0' 05' 25" E. along
the westerly line of that parcel described in said Book 12258 at Page 988, a
distance of 1 ,070.97 feet to a point in the proposed southerly right of way of State
Route 4 and the TRUE POINT OF BEGINNING of the herein described real property;
thence N. 82' 43' 58" W. along said proposed right of way a distance of 366.87
feet; thence S. 0' 05' 25" W. a distance of 45.45 feet; thence N. 76' 23' 27" W. a
distance of 414.54 feet; thence W-71* 55' 27" W. a distance of 339.30 feet to a
pointon the existing southerly right of way of State Route 4 which lies 163.48 feet
right of"E4" line station 567+88.76; thence S. 88' 50' 04" E. along said existing
right of way a distance of 253.13 feet; thence S. 75' 34' 12" E. a distance of
105.24 feet; thence S. 81' 41' 29" E. a distance of 210.43 feet; thence S. 74' 00'
18" E. a distance of 105.33 feet; thence S. 83' 57' 01" E. a distance of 104.96 feet;
thence N. 83' 10' 16" E a distance of 107.22 feet; thence S. 84' 25' 39" E a
distance of 208.40 feet; thence N. 85' 20' 38" E a distance of 6.92 feet to the
westerly line of the parcel described in said Book 12258, at Page 988; thence
Page 5 of 22
along said westerly line and departing from said existing right of way S. 0' 05, 25"
W. a distance of 94.99 feet to the TRUE POINT OF BEGINNING.
Lands abutting said freeway shall have no rights or easement of access thereto.
Containing a grid area of 83,305 square feet of land more or less.
Bearings and distances are based on the California Coordinate System Zone III
(C.C.S. 83), all distances referenced herein are grid. Multiply distances shown by
1 .000609 to obtain ground level distances. Multiply grid area by 1.0001218 to
obtain ground area.
04-CC-4-19.6 (51260-3)
PARCEL 51260-3 (FEE)
All that real property situated in the City of Pittsburg, County of Contra Costa,
State of California, being a portion of the Southwest Quarter of Section 14,
Township 2 North, Range 1 West, Mount Diablo Base and Meridian more
particularly described as follows;
Commencing at the South Quarter corner of Section 14; thence N. 0' 05' 46 E.
along the east line of said Southwest Quarter of Section 14 a distance of 1,188.97
feet to the intersection with the centerline of Leland Road as shown on Oak Hills,
Unit 1 , Subdivision 6887, Book 324 of Maps, at Page 44, Contra Costa County
Records; thence N. 89' 54' 35"W. along said centerline of Leland Road a distance
of 893.22 feet; thence 183.83 feet along the arc of a tangent curve to the right
with a radius of 1 ,041 .94 feet and a central angle of 10' 06' 31"; thence N. 79' 50'
33"W. a distance of 314.04 feet to the southwesterly corner of that parcel of land
described in deed to San Francisco Bay Area Rapid Transit District, in Book 12258,
at Page 988, Official Records; thence leaving said centerline N. 0' 05' 25" E. along
the westerly line of that parcel described in said Book 12258 at Page 988', a
distance of 42.65 feet to the northerly right of way of Leland Road as shown on
Oak Hills, Unit 2, Subdivision 7242, Book 338, at Page 8, Contra Costa County
Records and the TRUE POINT OF BEGINNING of herein described real property;
thence N. 79' 50' 33" W. along sa1'd northerly right of way, a distance of 12.89
feet;thence 29.87 feet along the arc of a non-tangent curve concave northwesterly
with a radial bearing of S. 10' 11' 23" W., a radius of 957.94 feet and a central
angle of 1' 47' 11"; thence N. 78' 01' 27" W. a distance of 329.05 feet; thence
leaving said northerly right of way, N. 0' 05' 25" E. and parallel with the westerly
line of that parcel of land described in said Book 12258, at Page 988, a distance
of 998.44 feet to a point in the proposed southerly right of way of State Route 4;
thence S. 82' 43' 58" E. along said proposed southerly right of way, a distance of
366.87 feet to a point in the westerly line of that parcel of land described in said
Page 6 of 22
Book 12258, at Page 988; thence S. 0' 05' 25" W. along said westerly line, a
distance of 1 ,028.32 feet to the TRUE POINT OF BEGINNING.
Lands abutting said freeway shall have no rights or easement of access thereto.
Containing a grid area of 369,019 square feet of land more or less.
Bearings and distances are based on the California Coordinate System Zone III
(C.C.S. 83), all distances referenced herein are grid. Multiply distances shown by
1 .0000609 to obtain ground level distances. -Multiply grid area by 1 .0001218 to
obtain ground area.
04-CC-4-19.6 (51260-5)
PARCEL 51260-5 (Temporary Construction Easement)
All that real property situated in the City of Pittsburg, County of Contra-Costa,
State of California, being a portion of the Southwest Quarter of Section 14,
Township 2 North, Range 1 West, Mount Diablo Base and Meridian more
particularly described as follows:
Commencing at the South Quarter corner of Section 14; thence N. 0' 05' 46" E
along the east line of said Southwest Quarter of Section 14 a distance of 1188.97
feet to the intersection with the centerline of Leland Road as shown on Oak Hills,
Unit 1 , Subdivision 6887, Book 324 of Maps, at Page 44, Contra Costa County
Records; thence N. 89' 54' 35"W. along said centerline a distance of 893.22 feet;
thence 183.83 feet along the arc of a tangent curve to the right with a radius of
1 ,041 .94 feet and a central angle of 10' 06' 31"; thence N. 79' 50' 33" W. a
distance of 314.04 feet to the southwesterly corner of that, parcel of land
described in deed to San Francisco BayArea Rapid Transit District, in Book 12258,
at Page 988, Official Records; thence leaving said centerline N. 0' 05' 25" E. along
the westerly line of that parcel described in said Book 12258 at Page 988, a
distance of 42.65 feet to a point in the northerly right of way of said Leland Road
as shown on Page 338 at Page 8 of Oak Hills, Unit 2, Subdivision 7242, Contra
Costa County Records; thence N. 79' 50' 33"W. along said northerly right of way
a distance of 12.89 feet, thence 29.87 feet along the arc of a tangent curve to the
right with a radius of 957.94 feet and a centr6al'angle of 1'47' 11"; thence N. 78'
01' 27" W. a distance of 329.05 feet to the TRUE POINT OF BEGINNING of the
herein described temporary construction easement; thence continuing N. 78' 01' .
27"W. a distance of 25.55 feet; thence departing from said northerly right of way
of Leland Road N. 0' 05' 25" E. a distance of 800.00 feet;thence N. 68' 00' 00"W.
a distance of 81 .50 feet; thence N. 46' 00' 00"W. a distance of 271.97 feet to the
proposed southerly right of way of State Route 4; thence S. 76' 23' 27" E. along
said southerly right of way, a distance of 305.00 feet; thence departing from said
Page 7 of 22
proposed right of way S. 0' 05' 25"W. a distance of 952.99 feet to the TRUE POINT
OF BEGINNING.
The term of herein described temporary construction easement is set to expire
December 31 , 1995.
Containing a grid area of 48,860 square feet of land more or less.
Bearings and distances are based on the California Coordinate System Zone III
(C.C.S. 83), all distances referenced herein are grid. Multiply distances shown by
1 .0000609 to obtain ground level distances. Multiply grid area by 1 .0001218 to
obtain ground area.
Spears, et al
04-CC-4-20.0 (51267-1 & 51267-2)
PARCEL 51267-1 (FEE)
All that real property situated in the County of Contra Costa, State of California,
being a portion of the Northwest Quarter of Section 14, Township 2 North, Range
1 West, Mount Diablo Base and Meridian more particularly described as follows:
Commencing at the Center Section Corner of said Section 14 as shown in Book 56
of Land Surveyors Map at Page 38; thence N. 0' 04' 49" E. along the centerline of
Bailey Road determined to be between the said Center Section Corner of Section
14 and the County monument in the centerline of Bailey Road at the northerly line
of the East Bay Municipal Utility easement as shown on Willow Glen Subdivision
5064 in Book 218 of Maps, at Page 27, Contra Costa County Records, a distance
of 775.26 feet;thence perpendicular to said centerline N. 89' 55' 11"W. adistance
of 20.00 feet to the northeastern most corner of that portion of Lot 6 of said
Section 14 as described in the Deed from George W. Lee to Louis P. Golfos et al,
recorded in Book 534 on Page 103 in the Contra Costa County Records said point
also being the northeast corner of that parcel of land described in the Deed to
Horace Paige in Book 2023 at Page 98 of Official Records, thence N. 89' 23' 24"
W. along the north line of said Golfos parcel a distance of 158.16 feet to the
northeasterly corner of that parcel of land described in the Deed from S.G. Mims
et al, to dose M. Garcia et al, recorded in Book 1387 at Page 208, of Official
Records; thence continuing N. 89' 23' 24" W. along the north line of said Garcia
parcel and along the north line of Mack H. Spears et al, parcel recorded in Book .
784, at Page 221 , of Official Records a distance of 219.98 feet to the northwest
corner of said Spears parcel; thence S. 0' 04' 49" W. along the west line of said
Spears parcel.a distance of 356.73 feet to a point which lies N. 0' 04' 19" E. a
distance of 41 .79 feet from the southwest corner of said Spears parcel and the
TRUE POINT OF BEGINNING of herein described real property; thence continuing
Page 8 of 22
a t •fes' -
S. 0' 04' 49" W. along said west.line a distance.of 41 .79 feet to the north line of
that parcel of land described as Parcel One in Deed to,Julian Perry recorded in
Book 284, at Page 266 of Official Records; thence N. 89' 23' 24" W. along said
north line a distance of 16.35 feet; thence leaving said north line 30.04 feet along
the arc of a nontangent curve concaved northwesterly having a radial bearing of
S. 65' 24' 45" E., a radius of 372.00 feet and a central angle of 4' 37' 39"; thence
N. 19' 57' 35" E. a distance of 14.70 feet to the TRUE POINT OF BEGINNING.
Containing a grid area of 327 square feet of land more or less.
Bearings and distances are based on the California Coordinate System Zone III
(C.C.S. 83), all distances referenced herein are grid. Multiply distances shown by,
1 .0000609 to obtain ground level distances. Multiply grid area by 1.0001218 to
obtain ground area.
PARCEL 51267-2 (Slope & Drainage Easement) 04-CC-4-20.0 (512.67-2)
All that real property situated in the County of Contra Costa, State of California,
being a portion of the Northwest Quarter of Section 14, Township 2 North, Range
1 West, Mount Diablo Base and Meridian more particularly described as follows:
Commencing at the Center Section Corner of said Section 14 as shown in Book 56
of Land Surveyors Maps at Page 38; thence N. 0' 04' 49" E. along the centerline of
Bailey Road determined to be between the said Center Section Corner of Section
14 and the County monument in the centerline of Bailey Road at the northerly line
of the East Bay Municipal Utility easement as shown on Willow Glen Subdivision
5064 in Book 218 of Maps, at Page 27, Contra Costa County Records, a distance
of 775.26 feet; thence perpendicularto said centerline N. 89' 55' 1 1"W. a distance
of 20.00 feet to the northeastern most corner of that portion of Lot 6 of said
Section 14 as described in the Deed from George W. Lee to Louis P. Golfos et al,
recorded in Book 534 on Page 103 in the Contra Costa County Records said point
also being the northeast corner of that parcel of land described in the Deed to
Horace Paige in Book 2023 at Page 98 of Official Records, thence N. 89' 23' 24"
W. along the north line of said Golfos parcel a distance of 158.16 feet to the
northeasterly corner of that parcel of land described in the Deed from S.G. Mims
et al, to dose M. Garcia et al, recorded in Book 1387 at Page 208, of Official
Records; thence continuing N. 89' 23' 24" W. along the north line of said Garcia
parcel and the north line of that parcel described in the Deed to Mack H. Spears
recorded in Book 784, at Page 221 , of Official Records a distance of 219.98 feet
to the northwest corner of said Spears parcel; thence S. 0' 04' 49" W. along the
west line of said Spears parcel, a distance of 293.04 feet to the TRUE POINT OF
BEGINNING of herein described easement for slope and drainage purposes;thence
Page 9 of 22
departing said west line S. 59' 09' 27" W. a distance of 50.75 feet; thence S. 15'
18' 58" W. a distance of 81 .68 feet to a point on the north line of Parcel "B" as
shown on record of survey recorded in Book 56 of Land Survey Maps at Page 38;
thence S. 89' 23' 24" E. along said north line a distance of 48.65 feet to a point
which lies N. 89' 23' 24"W. a distance of 16.35 feet from the southwest corner of
said Spears parcel; thence leaving said north Fine, 30.04 feet along the arc of a
nontangent curve concaved northwesterly, having a radial bearing of S. 65'24,45"
E., a radius of 372.00 feet and a central angle of 4' 37' 39"; thence N. 19' 57' 35"
E. a distance of 14.70 feet to said west line of Spears Parcel; thence N. 0' 04' 49"
E. a distance of 63.70 feet to the TRUE POINT OF BEGINNING.
Containing a grid area of 4,537 square feet of land more or less.
Bearings and distances are based on the California Coordinate System Zone III
(C.C.S. 83), all distances referenced herein are grid. Multiply distances shown by
1 .0000609 to obtain ground level distances. Multiply grid area by 1 .0001218 to
obtain ground area.
Far Hills Mobile Park
04-CC-4-20.2 (51277-1)
PARCEL 51277-1 (FEE)
All that real property situated in the County of Contra Costa, State of California,
being a portion of the Southwest Quarter of the Northeast of Section 14,Township
2 North, Range 1 West, Mount Diablo Base and Meridian more particularly
described as follows:
Commencing at the Center Section Corner of Section 14 as shown in Book 56 of
Land Surveyors Maps at Page 38; thence N. 0' 04' 49" E. along the centerline of
Bailey Road determined to be between the said Center Section Corner of Section
14 and the County monument in the centerline of Bailey Road at the northerly line
of the East Bay Municipal Utility easement as shown on Willow Glen Subdivision
5064 in Book 218 of Maps, at Page 27, Contra Costa County Records, a distance
of 144.29 feet to a point on the north line of the parcel of land described as Parcel
six in the United States District Court, San Francisco, under action 21085-S,
entitled the United States of America, plaintiff vs. George Eugene O'Hara, et al,
defendant, a certified copy of which was recorded December 29, 1938, in Book
487 at Page 214, Official Records of Contra Costa County; thence S. 89' 14' 05".
E. along said north line a distance of 48.79 feet to a point in the southeast line of
that parcel of land described in the,Judgement of Final Condemnation, rendered
March 10, 1964, in the local superior court, in the action titled "People of the State
of California vs. C.B.S. Development Company, Inc., et al," Case No. 97520, said
judgement being in favor of plaintiff, recorded March 10, 1964, in Book 4570 at
Page 10 of 22
Page 462, Official Records of Contra Costa County, said point being the TRUE
POINT OF BEGINNING of herein described real property; thence 11 .39 feet along
the arc of a nontangent curve concaved easterly with a radial bearing of N. 77'02'
40" W. having a radius of 959.94 feet and a central angle of 0' 40' 47" to a point
of reverse curvature; thence 115.13 feet along the arc of a tangent curve concaved
westerly having a radius of 839.95 feet and a central angle of 7' 51' 13" to a point
of reverse curvature; thence 19.13 feet along the arc of a tangent curve concaved
southeasterly having a radius of 13.00 feet and a central angle of 84' 19' 05" to
a point on the southerly right of way of Canal Road as shown on Monumentation
Map SMM 20, Dr. No. S-212.2A, Contra Costa County, Route 4, Post Mile 20.2;
thence continuing along said southerly right of way S. 89' 54' 02" E. a distance of
10.63 feet; thence 197.54 feet along the arc of a tangent curve concave southerly
having a radius of 374.98 feet and a central angle of 30' 11' 04"; thence S. 59'42'
58" E. a distance of 109.55 feet to a point on the north line of aforementioned
parcel six; thence leaving said north line, N. 65' 22' 16" W. a distance of 50.98
feet; thence 47.50 feet along the arc of a nontangent curve concaved
southwesterly with a radial bearing of N. 29' 14' 45" E., having a radius of 390.00
feet and a central angle of 6' 58' 45"; thence N. 67' 44' 00"W. a distance of 69.86
feet; thence 120.01 feet along the arc of a tangent curve concaved southerly
having a radius of 321 .00 feet and a central angle of 21' 25' 13"; thence N. 89'09'
13"W. a distance of 1 .72 feet; thence 46.55 feet along the arc of a tangent curve
concaved southeasterly having a radius of 30.00 feet and a central angle of 88'
54' 13"; thence S. 1' 56' 35" W. a distance of 93.39 feet to a point on the north
line of aforementioned parcel six; thence N. 89' 14' 05" W. along said north line
a distance of 22.69 feet to the TRUE POINT OF BEGINNING.
Containing a grid area of 5,124 square feet of land more or less.
Bearing and distances are based on the California Coordinate System. Zone III
(C.C.S. 83), all distances referenced herein are grid. Multiply distances shown by
1 .0000609 to obtain ground level distances. Multiply grid area by 1.0001218 to
obtain ground area.
Bertagnolli
04-CC-4-20.8 (51316-1 , 52296-1 & 52296-2)
PARCEL 51316- (FEE)
All that real property situated in the City of Pittsburg, County of Contra Costa,
State of California, being a portion of the Southwest Quarter of Section 13,
Township 2 North, Range 1 West, Mount Diablo Base and Meridian more
particularly described as follows:
Commencing at the West Quarter corner of said Section 13; thence S. 0' 23' 19"
Page 11 of 22
W. a distance of 274.93 feet along the west line of Section 13 to the intersection
with the existing south Memorial Way right of way as shown on Monumentation
Map SMM 20, Dr. No. S-212.3, Contra Costa County, Route 4, post mile 20.5, and
the TRUE POINTOF BEGINNING of herein described real property said point lies N.
0' 23' 19' E. a distance of 2,369.72 feet from the southwest corner of said Section
13; thence continuing S. 0' 23' 19" W. along the west line of said Section 13 a
distance of 31 .46 feet to a point on the proposed southerly right of way State
Route 4; thence continuing S. 0' 23' 19" W. along said west line a distance of
233.54 feet to a point in the northerly right of way of the Contra Costa Canal as
shown on Record of Survey recorded in Book 92 of Land Surveyor's Maps at Page
28 Contra Costa County Records; thence N. 78' 04' 35" E. along said northerly
right of way a distance of 792.76 feet; thence S. 83' 12' 14" E. a distance of
720.17 feet; thence N. 22' 11' 30" E. a distance of 116.99 feet; thence S. 72' 17'
25" E. a distance of 50.05 feet; thence leaving said northerly right of way, N. 6' 52'
09" E. a distance of 12.66 feet to the southwesterly line of that parcel of land
described in the deed to East Bay Municipal Utility District(E.B.M.U.D.) in Book 26
of Official Records at Page 23; thence N. 72' 17' 04"W. along said southwesterly
E.B.M.U.D. line a distance of 221.70 feet to a point on the proposed southerly
right of way of State Route 4; thence continuing N. 72' 17' 04" W. along said
southwesterly line of E.B.M.U.D. Parcel, a distance of 257.87 feet to a point in the
southerly right of way of State Route 4 as shown on Monumentation Map SMM 20,
Dr. No. S-212.4 Contra Costa County, Post Mile 20.8; thence continuing along said
existing State Route 4 right of way a distance 64.20 feet along the arc of a non-
tangent curve concave northerly with a radial bearing of S. 0' 06' 06" E., a radius
of 5,082.69 feet, and a central angle of 0' 43' 25"; thence N. 89' 22' 41"W. a
distance of 672.24 feet; thence N. 88' 56' 19" W. a distance of 343.66 feet to a
point in the easterly right of way of Memorial Way as shown on said
Monumentation Map SMM 20, Dr. No. S-212.3; thence leaving said existing State
Route 4.right of way S. 0' 37' 04" W. along said easterly right of way, a distance
of 79.65 feet; thence N. 89' 22' 56" W. along the southerly right of way of
Memorial Way, a distance of 44.68 feet to the west line of said Section 13 and
TRUE POINT OF BEGINNING.
Lands abutting said freeway shall have no rights or easement of access thereto.
Containing a grid area of 327,934 square feet of land, more or less.
Bearings and distances are based on the California Coordinate System Zone III
(C.C.S. 83), all distances referenced herein are grid. Multiply distances shown by
1 .0000609 to obtain ground level distances. Multiply grid area by 1 .0001218 to
obtain ground area.
PARCEL 52296-1 (FEE) 04-CC-4-20.9 (52296-1)
Page 12 of 22
All that real property situated,,,in the City of. Pittsburg, County of Contra Costa,
State of California, being a portion of the Southwest Quarter of Section 13,
Township 2 North, Range 1 West, Mount Diablo Base and Meridian more
particularly described as follows:
Commencing at the West Quarter Corner of said Section 13; thence S. 0' 23' 19"
W. a distance of 194.93 feet along the west line of Section 13 to the intersection
with the existing south Route 4 right of way as shown on Monumentation Map
SMM 20, Dr. No. S-212.3, Contra Costa County, Route 4, post mile 20.5; said point
lies N. 0' 23' 19" E. a distance of 2,449.72 feet from the Southwest Corner of said
Section 13; thence along said existing south right of way S. 88' 56' 19" E., a
distance of 388.66 feet; thence S. 89' 22'41" E., a distance of 672.24 feet; thence
363.72 feet along the arc of a tangent curve to the left with a radius of 5,082.69
feet and a central angle of 4' 06' 00" to the northeasterly line of that parcel of
land deeded to East Bay Municipal Utility District (E.B.M.U.D.) in Book 26, at Page
23, of Official Records and theTRUEPOINTOF BEGINNING of herein described real
property;.thence departing from said existing right of way S. 72' 17' 04" E. along
the northeasterly line of said (E.B.M.U.D.) parcel, a distance of 197.42 feet to the
intersection with the proposed southerly right of way of State Route 4; thence
along said southerly right of way a distance of 337.58 feet along the arc of a
nontangent curve concave northwesterly with a radial bearing at its beginning of
S. 7' 40' 39" E., a radius of 6,168.00 feet and a central angle of 3' 08' 09"; thence
continuing along said southerly right of way, N. 79' 11' 12"E. a distance of 576.13
feet to a point on the west line of that parcel of land described in the Deed to
Pacific Gas and Electric Company(PG&E) as recorded in Book 3110 at Page 405 of
Official Records; thence N. 0' 54' 22" E. along said west line, a distance of 64.15
feet to the intersection with said existing southern right of way of State Route 4
as shown on said Monumentation map SMM 20; thence departing from said
proposed right of way S. 79' 04' 24"W. along said existing southerly right of way
a distance of 441 .04 feet; thence 660.76 feet along the arc of a tangent curve to
the right with a radius of 5,082.69 feet and a central angle of 7' 26' 55" to the
TRUE POINT OF BEGINNING.
Lands abutting said freeway shall have no rights or easement of access thereto.
Containing a grid area of 66,077 square feet of land more or less.
Bearings and distances are based on the California Coordinate System Zone III
(C.C.S. 8.3), all distances referenced herein are grid. Multiply distances shown by
1 .0000609 to obtain ground level distances. Multiply grid area by 1.0001218 to
obtain ground area.
Page 13 of 22
PARCEL 52296-2 (WAPA Easement) 04-CC-4-20.9 (52296-2)
All that real property situated in the City of Pittsburg, County of Contra Costa,
State of California, being a portion of the Southwest Quarter of Section 13,
Township 2 North, Range 1 West, Mount Diablo Base and Meridian more
particularly described as follows:
Commencing at the West Quarter Corner of said Section 13; thence S. 0' 23' 19"
W. a distance of 194.93 feet along the west line of Section 13 to the intersection
with the existing south Route 4 right of way as shown on Monumentation Map
SMM 20, Dr. No. S-212.3, Contra Costa County, Route 4, post mile 20.5; said point
lies N. 0' 23' 19" E a distance of 2,449.72 feet from the Southwest Corner of said
Section 13; thence along said existing south right of way S. 88' 56' 19" E, a
distance of 388.66 feet; thence.S. 89' 22' 41" E, a distance of 672.24 feet; thence
363.72 feet along the arc of a tangent curve to the left with a radius of 5,082.69
feet and a central angle of 4' 06' 00" to the northeasterly right of way of the East
Bay Municipal Utility District(EB.M.U.D.) parcel as described in the Deed recorded
in Book 26 at Page 23 of Official Records; thence departing said existing south
Route 4 right of way, S. 72' 17' 04" E along said EB.M.U.D. northeasterly right of
way a distance of 197.42 feet to the intersection with the proposed southerly right
of way of State Route 4 and the TRUE POINT OF BEGINNING of herein described
utility easement; thence 189.52 feet along the arc of a nontangent curve concaved
northwesterly having a radial bearing of S. 70'40' 39" E, a radius of 6,168.00 feet
and a central angle of 1' 45' 38" to the southerly line of that United States of
America transmission line easement recorded in Book 1307 at Page 19 of Official
Records; thence leaving said proposed southerly right of way N. 86' 36' 57" E a
distance of 400.44 feet along the southerly line of said United States of America
transmission line easement; thence leaving said southerly line S. 79' 11' 12" W.,
a distance of 249.04 feet; thence 236.79 feet along the arc of a tangent curve to
the right with a radius of 6,218.00 feet and a central angle of 2'-10' 55" to the
intersection with the said northerly EB.M.U.D. right of way, thence N. 72' 17' 04"
W. along the said northerly EB.M.U.D. right of way a distance of 114.59 feet to the
TRUE POINT OF BEGINNING.
Containing a grid area of 17,135 square feet of land more or less.
Bearings and distances are based on the California Coordinate System Zone III
(C.C.S. 83), all distances referenced herein are grid. Multiply distances shown by
1 .0000609 to obtain ground level distances. Multiply grid area by 1 .0001218 to.
obtain ground area.
Sierra Pacific
04-CC-4-20.1 (51319-1 , 51319-2, 51319-3,
51319-4 & 51319-5)
Page 14 of 22
PARCEL 51319-1 (FEE)
All that real property situated in the City of Pittsburg, County of Contra Costa,
State of California, being a portion of the Southwest Quarter of Section 14,
Township 2 North, Range 1 West, Mount Diablo Base Meridian more particularly
described as follows:
Commencing at the north west corner of Parcel "B" of Oak Hills, Unit 1,
Subdivision 6887 recorded in Book 324 of Maps at Page 44 of Contra Costa
County Records; thence S. 81' 32' 07" E along the north line of said Parcel "B"; a
distance of 30.04 feet to a point in the proposed southerly right of way of State
Route 4, said point being TRUE POINT OF BEGINNING of herein described real
property; thence continuing along said north line S. 81' 32' 07" E. a distance of
247.81 feet to the northeasterly corner of Parcel"B"of Parcel Map Waiver recorded
march 8, 1991 , in Book"!6442 at Page 929 of Official Records; thence continuing
S. 81' 32' 07" E. a distance of 455.36 feet to the northeast corner of Parcel "A" of
said Parcel Map Waiver and the westerly right of way of Bailey Road; thence S. 0'
05' 46"W. along said westerly right of way a distance of 109.73 feet to a point in
the said proposed southerly right of way of State Route 4; thence along said
proposed right of way N. 89' 54' 26"W. a distance of 7.62 feet; thence continuing
along said proposed right of way N. 0' 05' 34" E. a distance of 54.30 feet; thence
N. 38' 41' 12" W. a distance of 31 .32 feet; thence N. 77' 27' 57" W. a distance of
284.09 feet; thence 52.69 feet along the arc of a tangent curve to the right having
a radius of 1 ,035.00 feet and a central angle of 2' 55' 00"; thence N. 89' 43' 53"
W. a distance of 117.85 feet to a point on the northwesterly line of Parcel "A" of
said Parcel Map Waiver; thence continuing N. 89' 43' 53" W. a distance of 57.02
feet; thence N. 70' 56' 40" W. a distance of 170.89 feet; thence N. 44' 10' 45"W.
a distance of 4.85 feet to the TRUE POINT OF BEGINNING.
Lands abutting said freeway shall have no rights or easement of access thereto.
Containing a grid area of 16,183 square feet of land, more or less.
Bearings and distances are based on the California Coordinate System Zone III
(C.C.S. 83), all distances referenced herein are grid. Multiply distances shown by
1 .0000609 to obtain ground level distances. Multiply grid area by 1 .0001218 to
obtain ground area.
PARCEL 51319-2 (Temporary Construction Easement) 04-CC-4-20.1 (51319-2),
All that real property situated in the City of Pittsburg County of Contra Costa,
State of California, being a portion of the Southwest Quarter of Section 14,
Township 2 North, Range 1 West, Mount Diablo Base and Meridian more
particularly described as follows:
Page 15 of 22
Commencing at the northeasterly corner of Parcel "A" of Parcel Map Waiver
recorded March 8, 1991 in Book 16442 at Page 929 Official Records of Contra
Costa County, thence S. 0' 05' 46" W. along the Easterly line of.said Parcel "A" and
the westerly right of way of Bailey Road a distance of 109.73 feet to a point on the
proposed southerly right of way of State Route 4; thence N. 89' 54' 26" W. along
said proposed right of way a distance of 7.62 feet; thence continuing along said
proposed right of way N. 0' 05' 34" E. a distance of 49.36 feet to THETRUE POINT
OF BEGINNING of herein described temporary construction easement, thence
departing said proposed right of way N. 69' 05' 42" W. a distance of 56.14 feet;
thence S. 89' 33' 47" W. a distance of 129.03 feet; thence N. 0' 52' 23" W. a
distance of 27.80 feet; thence N. 76' 48' 54" W. a distance of 27.47 feet; thence
S. 89' 50' 37" W. a distance of 165.46 feet; thence N. 0' 34' 14" W. a distance of
51 .25 feet to a point in the said proposed southerly right of way of State Route
4; thence S. 89' 43' 53" E. along said proposed southerly right of way a distance
of 26.61 feet; thence 52.69 feet along the arc of a nontangent curve concaved
northerly with a radial bearing of S. 15-27' 03" W., having a radius of 1 ,035.00
feet and a central angle of 2' 55' 00"; thence S. 77' 27' 57" E. a distance of 284.09
feet; thence S. 38' 41' 12" E. a distance of 31 .32 feet; thence S. 0' 05' 34" W. a
distance of 4.94 feet to THE TRUE POINT OF BEGINNING.
The term of herein described temporary construction easement is set to expire
December 31 , 1995.
Containing a grid area of 11 ,577 square feet of land, more or less.
Bearing and distances are based on the California Coordinate System Zone III
(C.C.S. 83), all distances referenced herein are grid. Multiply distances shown by
1 .0000609 to obtain ground level distances. Multiply grid area by 1 .0001218 to
obtain ground area.
PARCEL 51319-3 (Sewer Easement) 04-CC-4-20.1 (51319-3)
All that real property situated in the City of Pittsburg County of Contra Costa,
State of California, being a portion of the Southwest Quarter of Section 14,
Township 2 North, Range 1 West, Mount Diablo Base and Meridian more
particularly described as follows:
Commencing at the northeasterly corner of Parcel "A" of Parcel Map Waiver
recorded March 8, 1991 in Book 16442 at Page 929 Official Records of Contra
Costa County, thence S. 0' 05' 46"W. along the easterly line of said Parcel "A" and
the westerly right of way of Bailey Road a distance of 109.73 feet to a point on the
proposed southerly right of way of State Route 4; thence N. 89' 54' 26"W. along
said proposed right of way a distance of 7.62 feet; thence N. 0' 05' 34" E. a
distance of 49.36 feet to THE TRUE POINT OF BEGINNING of herein described
Page 16 of 22
sewer easement; thence departing said proposed right of way N. 69' 05' 42" W.
a distance of 72.88 feet; thence N. 20'54' 18" E. a distance of 13.98 feet to a point
in the proposed southerly right of way of State Route 4; thence S. 77' 27' 57" E.
along said proposed right of way a distance of 44.59 feet;thence continuing along
said proposed right of way S. 38' 41' 12" E. a distance of 31 .32 feet; thence S. 0'
05' 34" W. a distance of 4.94 feet to the TRUE POINT OF BEGINNING.
Containing a grid area of 1 ,102 square feet of land, more or less.
Bearing and distances are based on the California Coordinate System Zone III
(C.C.S. 83), all distances referenced herein are grid. Multiply distances shown by
1 .0000609 to obtain ground level distances. Multiply grid area by 1 .0001218 to
obtain ground area.
PARCEL 51319-4 (Temporary Construction Easement) 04-CC-4-20.1 (51319-4)
All that real property situated in the City of Pittsburg County of Contra Costa,
State of California, being a portion of the Southwest Quarter of Section 14,
Township 2 North, Range 1 West, Mount Diablo Base and Meridian more
particularly described as follows:
Commencing at the northeasterly corner of Parcel "A" of Parcel Map Waiver
recorded March 8, 1991 in Book 16442 at Page 929 Official Records of Contra
Costa County, thence S. 0' 05' 46"W. along the easterly line of said Parcel "A" and
the westerly right of way of Bailey Road a distance of 160.95 feet, to the TRUE
POINT OF BEGINNING of herein described temporary construction easement;
thence leaving said easterly line, N. 89' 54' 14"W. a distance of 44.00 feet; thence
S. 0' 05'46"W. and parallel with said easterly line a distance of 70.00 feet; thence
S. 89' S4' 14" E. a distance of 44.00 feet to a point on said easterly line; thence
N. 0'05'46" E. along said easterly line a distance of 70.00 feet to the TRUE POINT
OF BEGINNING.
The term of herein described temporary construction easement is set to expire
December 31 , 1995.
Containing a grid area of 3,080 square feet of land, more or less.
Bearing and distances are based on the California Coordinate System Zone III
(C.C.S. 83), all distances referenced herein are grid. Multiply distances shown by
1 .0000609 to obtain ground level distances. Multiply grid area by 1.0001218 to
obtain ground area.
PARCEL 51319-5 (Temporary Construction Easement) 04-CC-4-20.1 (51319-5)
Page 17 of 22
All that real property situated in the City of Pittsburg County of Contra Costa,
State of California, being a portion of the Southwest Quarter of Section 13,
Township 2 North, Range 1 West, Mount Diablo Base and Meridian more
particularly described as follows:
Commencing at the northwest corner of Parcel"B"of Oak Hills, Unit 1, Subdivision
6887 recorded in Book 324 of Maps at Page 44 of Contra Costa County Records;
said point being the TRUE POINT OF BEGINNING of herein described temporary
construction and slope easement; thence S. 81" 32' 07" E. along the north line of
said Parcel "B", a distance of 30.04 feet to a point in the proposed southerly right
of way of State Route 4; thence S. 44' 10' 45" E. along said proposed right of way
a distance of 4.85 feet; thence leaving said proposed southerly right of way, N. 89'
50' 34"W. a distance of 33.11 feet to a point on the west.line of aforementioned
Parcel "B"; thence N. 0' 05' 25" E. along said west line a distance of 7.81 feet to
the TRUE POINT OF BEGINNING.
The term of herein described temporary construction and slope easement is set
to expire December 31 , 1995.
Containing a grid area of 174 square feet of land, more or less.
Bearings and distances are based on the California Coordinate System Zone III
(C.C.S. 83), all distances referenced herein are grid. Multiply distances shown by
1 .0000609 to obtain ground level distances. Multiply grid area by 1 .0001218 to
obtain ground area.
Pacific Gas & Electric
PARCEL 52318-1 (/access Easement) 04-CC-4-20.9 (52318-1)
All that real property situated in the City of Pittsburg, County of Contra Costa,
State of California, being a portion of the Southwest Quarter of Section 13,
Township 2 North, Range 1 West, Mount Diablo Base and Meridian more
particularly described as follows:
Commencing at the West Quarter corner of said Section 13 thence S. 0' 23' 19"W.
a distance of 194.93 feet along the west line of Section 13 to the intersection with
the existing south Route 4 right of way as shown-on Monumentation Map SMM 20,
Dr. No. S-212.3, Contra Costa County, Route 4, post mile 20.5, said point lies N.
0' 23' 19" E. a distance of 2,449.72 feet from the southwest corner of said Section
13, thence S. 88' 56' 19" E along said existing south right of way a distance of
388.66 feet; thence S. 89' 22' 41" E a distance of 672.24 feet; thence 1,024.48
feet along the arc of a tangent curve to the left with a radius of 5,082.69 feet and
a central angle of 11' 32' 55"; thence N. 79' 04' 24" E. a distance of 441 .04 feet
to a point on the west line of that parcel of land deeded to Pacific Gas and Electric
Page 18 of 22
Company in Book 3110, at Page 405 of Official Records; thence leaving said
existing right of way S. 0' 54' 22" W. along said west line of Pacific Gas and
Electric Company Parcel, a distance of 322.26 feet to the TRUE POINT OF
BEGINNING of the herein described private access easement; thence S. 72' 22, 07"
E. a distance of 104.41 feet to the east line of said Pacific Gas and Electric
Company Parcel; thence S. 0' 54' 22" W. a distance of 93.98 feet along said east
line; thence N. 72' 22' 07"W. departing said east line a distance of 104.41 feet to
the west line of said Pacific Gas and Electric Company Parcel; thence N. 0' 54' 22"
E. along said west line a distance of 93.98 feet to the TRUE POINT OF BEGINNING.
Containing a grid area of 9,397 square feet of land more or less.
Bearings and distances are based on the California Coordinate System Zone III
(C.C.S. 83), all distances referenced herein are grid. Multiply distances shown by
1 .0000609 to obtain ground level distances. Multiply grid area by 1.0001218 to
obtain ground area.
Pochini
PARCEL 51276 (FEE)
Real propertyin the unincorporated areaof West Pittsburg, Contra Costa County, California,
being a portion of the southeast quarter of the northwest quarter of Section 14, Township
2 North, Range 1 West, Mount Diablo Meridian, described as follows:
All of that parcel of land described in the deed to Robert F. Pochini et ux recorded August
13,.1974 in Volume 7296 at page 439, Official Records of said County, being all of PARCEL
"B" shown on Record of Survey filed December 11 , 1973 in Licensed Surveyors' Map Book
56 at page 38, records of said County, further described as follows:
Beginning at the southwest corner of said PARCEL"B," being also the northwest corner of
PARCEL 1 described in the deed to the State of California recorded April 26, 1963 in Volume
4353 of Official Records at page 37; thence from the Point of Beginning, along the
boundary of said PARCEL 1 as follows: (1) north 59'29'00" east 118.09 feet to a curve
concave to the south having a radius of 425.00 feet, (2) along the arc of said curve,
northeasterly and easterly 219.50 feet, through a central angle of 29'35'30" and (3) north
89'04'30"east 63.13 feet to the southeast corner of PARCEL"B"(56 LSM 38); thence leaving
the boundary of PARCEL 1 and continuing along the boundary of PARCEL"B" as follows: (1)
north 0'55'30"west 48.66 feet, to the northeast corner of PARCEL"B", (2) south 89'32'02"
west 375.70 feet to the northwest corner of PARCEL"B", and (3) south 0'55'30" east 165.40
feet, to the Point of Beginning.
Containing an area of 31 ,300 square feet (0.7185 acre) of land, more or less.
Bearings are based on the California Coordinate System Zone III (C.C.S. 27).
Page 19 of 22
I \
Seeno
PARCEL 51313 (FEE)
Real property in the unincorporated area of West Pittsburg, Contra Costa County,California,
being a portion of the north half of the southeast quarter of Section 14, Township 2 North,
Range 1 West, Mount Diablo Meridian, described as follows:
All of that parcel of land described in the deed to Albert D. Seeno Construction Company,
a limited partnership, recorded March 22, 1977 in Volume 8251 at page 744, Official
Records of said County, being all of that 12.02 acre parcel shown on the Record of Survey
filed April 10, 1990 in Licensed Surveyors' Map Book 93 at page 27, records of said County,
further described as follows:
Beginning atthe northeast corner of said 12.02 acre parcel, being also the southeastcorner
of PARCEL 2A described in.the deed to the State of California recorded April 13, 1964 in
Volume 4594 of Official Records at page 459;thence from the Point of Beginning, along the
south line of said PARCEL 2A as follows: (1) south 89'35'30" west 454.86 feet to a curve,
concave to the south, having a radius of 468.00 feet and (2) along the arc of said curve,
westerly 94.76 feet, through a central angle of 11`36'02", to the southwest corner of said
PARCEL 2A, being also the southeast corner of PARCEL 1 described in the deed to the State
of California recorded March 16, 1964 in Volume 4574 of Official Records at page 221;
thence along the south line of said PARCEL 1 as follows: (1) continuing along the arc of
said curve, westerly 128.93 feet, through a central angle of 15'47'04", (2) south 62'12'24"
west 63.22 feet to a curve, concave to the north, having a radius of 530.00 feet, and (3)
along the arc of said curve, westerly 343.26 (record 340.99) feet, through a central angle
of 37'06'30" (record 36'51'44') to the northeast line of Contra Costa Canal Tract 2
described in the judgement in favor of the United States of America recorded December 29,
1938 in Volume 487 of Official Records at page 214; thence along the boundary of Contra
Costa Canal, south 48'39'25" east 885.52 feet and north 89'35'47" east-404.37 feet, to the
east line of said 1.2.02 acre parcel (93 LSM 27); thence along said east line, north 0'50'23"
west 723.03 feet, to the Point of Beginning.
Containing an area of 523,768 square feet (12.02 acres) of land, more or less.
Bearings are based on the California Coordinate System Zone III (C.C.S. 27).
East Bay Municipal Utility District
04-CC-4-20.7 (52207-1& 52207-2)
PARCEL 52207-1 (Roadway Easement)
All that real property situated in the City of Pittsburg, County of Contra Costa, State of
California, being a portion of the Southwest Quarter of Section 13,Township 2 North, Range
1 West, Mount Diablo Base and Meridian more particularly described as follows:
Commencing at the West Quarter corner of said Section 13; thence S. 0' 23' 19" W. a
distance of 194.93 feet along the west line of Section 13 to the intersection with the
existing south Route 4 right of way as shown on Monumentation Map SMM 20, Dr. No. S-
212.3, Contra Costa County, Route 4, post mile 20.5; said point lies N. 0' 23' 19" E. a
Page 20 of 22
distance of 2,449.72 feet from the southwest corner of said Section 13; thence along said
existing south right of way S. 88' 56' 19" E., a distance of 388.66 feet; thence S. 89' 22, 41"
E., a distance of 672.24 feet; thence 64.20 feet along the arc of a tangent curve concave
to the north,having a radius of 5082.69 feet and a central angle of 0' 43.' 25" to the TRUE
POINT OF BEGINNING for the herein described real property and being a point on the
southwesterly line of that parcel of land deeded to East Bay Municipal Utility District in Book
26, at Page 23, of Official Records; thence along said existing right of way a distance of
299.52 feet, along the arc of a tangent curve concave to the north having a radius of
5,082.69 feet and a central angle of 3' 22' 35" to a point in the northeasterly line of said
East Bay Municipal Utility District(E.B.M.U.D.) Parcel; thence leaving said right of way S. 72'
17' 04" E. along said E.B.M.U.D. northeasterly line, a distance of 197.42 feet to the
intersection with the proposed southerly right of way of State Route 4; thence in a
southeasterly direction, along said proposed right of way, a distance of 119.02 feet along
the arc of a nontangent curve concave northerly, having a radial bearing of S. 7' 40' 39" E.,
a radius of 6,168.00 feet, and a central angle of 1' 06' 20" to a point which lies on the
centerline of said East Bay Municipal Utility District Parcel which lies N. 72' 17' 04" W. a
distanced 123.95 feetfrom E.B.M.U.D. brass cap monument at station 3672+87.1 S;thence
continuing 124.34 feet along the arc of a tangent curve concaved to the north, having a
radius of 6,168.00 feet and a central angle of 1' 09' 18"to a point in the southwesterly line
of said E.B.M.U.D. Parcel; thence leaving the proposed southerly right of way, N. 72' 17' 04"
W. along the southwesterly line of said E.B.M.U.D. Parcel a distance of 257.86 feet to the
TRUE POINT OF BEGINNING.
Containing a grid area of 22,517 square feet of land more or less.
Bearings and distances are based on the California Coordinate System Zone III (C.C.S. 83),
all distances referenced herein are grid. Multiply distances shown by 1 .0000609 to obtain
ground level distances. Multiply grid area by 1 .0001218 to obtain ground area.
PARCEL 52207-2 (WAPA Easement) 04-CC-4-20.7 (52207-2)
All that real property situated in the City of Pittsburg, County of Contra Costa, State of
California, being a portion of the Southwest Quarter of Section 13,Township 2 North, Range
1 West, Mount Diablo Base and Meridian more particularly described as follows:
Commencing at the West Quarter corner of said Section 13; thence S. 0' 23' 19" W. a
distance of 194.93 feet along the west line of Section 13 to the intersection with the
existing south Route 4 right of way as shown on Monumentation Map SMM 20, Dr. No. S-
212.3, Contra Costa County, Route 4, post mile 20.5, said point lies N. 0' 23' 19" E. a
distance of 2,449.72 feet from the southwest corner of said Section 13; thence along said
existing south right of way S. 88' 56' 19" E. a distance of 388.66 feet; thence S. 89' 22, 41"
E. a distance of 672.24 feet; thence 64.20 feet along the arc of a tangent curve goncave to
the north, having a radius of 5,082.69 feet and a central angle of 0' 43' 25" to a point on
the southwesterly line of that parcel of land deeded to East Bay Municipal Utility District
(E.B.M.U.D.) in Book 26, at Page 23, of Official Records; thence S. 72' 17' 04" E. departing
from said southerly right of way, a distance of 257.87 feet along said E.B.M.U.D. Parcel to
the TRUE POINT OF BEGINNING of the herein described power line easement; thence
Page 21 of 22
continuing S. 72' 17' 04" E., a distance of 124.59 feet; thence leaving said southwesterly
line 234.28 feet along the arc of a nontangent curve concaved northerly having a radial
bearing of S. 6' 28' 21" E., a radius of 6,21.8.00 feet and a central angle of 2' 09' 31" to a
point on the northeasterly line of said E.B.M.U.D. Parcel; thence N. 72' 17' 04"W. a distance
of 114.59 feet along said northeasterly line,to the intersection with the proposed southerly
right of way of State Route 4; thence along said proposed right of way a distance of 119.02
feet along the arc of a nontangent curve concave northerly having radial bearing of S. 7'40'
39" E., a radius of 6,168.00 feet, and a central angle of 1' 06' 20" to a point which lies on
the centerline of said East Bay Municipal Utility District Parcel which lies N. 72' 17' 04"W.
a distance of 123.95 feet from E.B.M.U.D. brass cap monument at station 3672+87.15;
thence continuing 124.34 feet along the arc of a tangent curve concaved to the north,
having a radius of 6,168.00 feet and a central angle of 1' 09' 18" to a point in the
southwesterly line of said E.B.M.U.D. Parcel and the TRUE POINT OF BEGINNING.
Containing a grid area of 11 ,936 square feet of land more or less.
Bearings and distances are based on the California Coordinate System Zone III (C.C.S. 83),
all distances referenced herein are grid. Multiply distances shown by 1.0000609 to obtain,
ground level distances. Multiply grid area by 1.0001218 to obtain .ground area.
April 30, 1993
appendix.A
Page 22 of 22
PUBLIC WORKS DEPARTMENT
CONTRA COSTA COUNTY �p . 44--
DATE: September 28, 1994
TO: Board of Supervisors
FROM: Michael Walford, Public Works Dire for
SUBJECT: Report Re: State Highway 4/13ailey Road Interchange
4660-6X4158
Pursuant to procedure approved by Board Order, dated November 1, 1988, the Public
Works Director sent a Notice of Intention to Amend a Resolution of Necessity and to re-
adopt the Resolution of Necessity as Amended for acquisition by eminent domain of real
property in the Bay Point area for the construction of the State Highway 4/Bailey Road
Interchange project, and set October 4, at 11:00 a.m. as the date and time affected owners
may appear and be heard as to matters specified by law under C.C.P. Section 1245.235
as set forth below.
Upon recommendation of County Counsel, the following report is made for the Board's
information and consideration prior to taking action upon said hearing.
I. Proposed Project -The project is described fully in the State Route 4/Bailed
Interchange Improvement Project EIR. Summarized, the project is a joint integrated
intermodal transportation project of the Bay Area Rapid Transit District, the State
of California, Contra Costa Transportation Authority, and Contra Costa County.
The project includes the joint construction of improvements consisting of the
widening and improving of State Highway Route 4 between Willow Pass Road in
Concord to Railroad Avenue in Pittsburg, which improvement includes reconstruct-
ing the Bailey Road Interchange on State Highway Route 4 in the City of Pittsburg
and Contra Costa County; and providing a median of sufficient width to accommo-
date a BART rail system and a six lane highway, expandable to eight lanes;
construction of BART transit facilities up to subballast in the Route 4 median
including station platform and foundation at the Bailey Road Interchange and the
construction of station parking facilities servicing the BART Bailey Road station;
and pedestrian improvements and a bicycle path. The project includes all
supporting features necessary to protect or preserve the safety and usefulness of
the project as a integrated intermodal transportation system, including realignment
of local roads.
The project included acquisition of numerous parcels. To date all have been
acquired except a parcel owned by North State Development Compan loc
near Bailey Road. FjLED
OCT 419
1 OF WPERV
CpNTAA COSTA CO.
In a condemnation action to acquire the North State parcel, the owner has
contended that the general statement of public use contained in Resolution of
Necessity No. 93/226 and incorporated by reference into the County's condemna-
tion complaint is not sufficiently broad to include the BART project components
within the definition of the project. North State also threatens to challenge the
County's right to acquire for BART and State Highway purposes.
The County's position is that the general statement of public use is sufficient to
include all of the components of this intermodal project. However, rather than to
rely on the existing general statement, it would be simpler to remove this issue by
clarifying and re-affirming the original intent of the Resolution of Necessity No.
93/226. This can be accomplished by amending the resolution to more fully
describe all of the components of this joint intermodal project and then to re-adopt
the Resolution as Amended.
In order to proceed with the project, it is necessary for the County to exercise its
power of eminent domain. Pursuant to Section 1245.235 of the Code of Civil
Procedure, notice was given to the following persons whose names and addresses
appear on the last equalized County Assessment Roll:
North State Development Company
4300 Railroad Avenue
Pittsburg, CA 94565
This notice consisted of sending by first-class and certified mail on September 19, 1994,
a Notice of Intention which notified these owners that a hearing is scheduled for October
4, 1994, at 11:00 a.m. in the Board's Chambers, at which time they may appear to be
heard on the matters referred to in the notice.
II. Scope of Hearing Per C.C.P. Section 1245.235
A. Public Interest and Necessity require the proposed proiect.
The proposed new Bailey Road Interchange, the extension of the BART to
Bailey Road, a Bailey Road BART Station within the road median and the
supporting BART Station parking facility, together with other project
components are required to provide transit to East County, reduce traffic
congestion and increase air quality.
In 1988, the County voters passed Measure "C": in order to correct traffic
and transportation shortfalls. This project was one of the top priority projects
listed in the expenditure plan and therefore constitutes public interest and
necessity. The project is an integral part of extending BART to Bay Point.
B. The proiect is planned and located in the manner that will be most compati-
ble with the -greatest public good and the least private iniurv.
Public meetings were held to discuss the Environmental Document and
2
t
0
project impacts. The product of these meetings and comments assisted in
planning and locating the project in the matter most compatible with the
public good and the least private injury.
i
The project, including the Bailey Road Interchange and the BART Bailey
Road Station and the BART Parking Facility have been designed to cause
the least impact on the environment and reduce the requirement for private
property while maintaining good engineering practices.
C. The property sought to be acquired is necessary for the project,
The property described in Appendix "A" of the proposed Resolutions is
required for the widening of State Highway 4, the Bailey Road Interchange,
for an enlarged BART Station parking facility required to service calculated
demands occasioned by the construction of the Bailey Road BART Station
project component.
III. Recommended Action
A. Board to ask if any notified property owners wish to be heard as to the three
items specified in Section II above.
B. Upon completion and closing of the hearing, it is recommended that the
Board make the findings and determinations listed under II A, B and C
above, make an additional finding that the offer of compensation required by
Section 7267.2 of the Government Code has been made to the owner or
owners of record, adopt a Resolution Amending Resolution of Necessity No.
93/226 and a Resolution Re-Adopting Resolution of Necessity No. 93/226
As Amended to acquire the required property by eminent domain and direct
the Board Clerk to file a copy of this report.
IV. Alternatives
Take no action and rely on the existing Resolution of Necessity 93/226.
JMW:KAM:glo
g:\realpropXtemp\CO2OaNS.t9
cc: County Administrator's Office
County Counsel
Real Property
Board Clerk-If approved by the Board,please file a copy of this report in your records.
3
1 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
2
3
4
5 Re: Condemnation of Property for RESOLUTION OF NECESSITY
the State Route 4/13ailey Road NO. 93/266 AS AMENDED
6 Interchange Improvement Project,
Bay Point Area Project RE-ADOPTED AS RESOLUTION OF
7 No. 4660-6X4158 NECESSITY NO. 94/501
8 (C.C.P. §1245.230)
(C.C.P. §1240.610)
9 (C.C.P. §1240.510)
10
11
12 The Board of Supervisors of Contra Costa County, California, by vote of two-thirds of its
13 members RESOLVES, FINDS, DETERMINES AND DECLARES THAT:
14 1. At a public meeting and hearing on April 27, 1993, the Board of Supervisors
15 ('Board"), the governing body of Contra Costa County, California("County"), adopted
16 RESOLUTION OF NECESSITY NO. 93/226 by a unanimous vote.
17 2. RESOLUTION OF NECESSITY NO. 93/226 authorized the acquisition of Parcels
18 51260-1, 51260-2, 51260-3, and 51260-5, sub-parcels of a single parcel (hereinafter referred to as
19 the "Property")by eminent domain. Other parcels were included, but have since been acquired.
20 3. RESOLUTION OF NECESSITY NO. 93/226 contains a general statement of the
21 public use for which the Property is to be taken("a road reconstruction project, a public
22 improvement, to widen State Highway 4 at Bailey Road") as distinguished from a detailed
23 description of the project for which the Property is required.
24 4. The general statement of the public use contained in RESOLUTION OF
25 NECESSITY NO. 93/266 was intended by the Board to describe a public use for a road
26 reconstruction project required by and for the integrated intermodal public transportation project
27 described in the State Route 4/Bailey Road Interchange Project Environmental Impact Report
28 dated September 1991 ('BIR").
1
1 5. The State Route 4/Bailey Road Interchange Improvement Project EIR describes in
2 detail said integrated intermodal public transportation project and its purpose. A copy of the EIR
3 Project Description Summary set out at Section 1.1 of the EIR is attached hereto as Exhibit B and
4 incorporated herein by reference. The EIR, approved and certified by the Board on October 8,
5 1991, and was reviewed and considered by the Board prior to approving the State Route 4/Bailey
6 Road Interchange Improvement Project . A copy of said certification is attached hereto as
7 Exhibit C.
8 6. Pursuant to Public Resources Code Section 21092 County gave written notice of
9 the preparation of the draft State Route 4/Bailey Road Interchange Project Environmental Impact
10 Report, invited comments, and held public hearings on said draft EIR prior to the adoption of the
11 EIR by the County. The owner of Parcels 51260-1, 51260-2, 51260-3, and 51260-5 was given
12 said written notice, a copy of which together with the relevant portion of the mailing list is
13 attached hereto as Exhibit D and incorporated herein by reference.
14 7. Features of the State Route 4/Bailey Road Interchange Improvement Project
15 include a highway/freeway/interchange/surface street improvement component, a Bay Area Rapid
16 Transit District ('BART") rail extension component, a BART Bailey Road Station component, a
17 BART Bailey Road Station Parking Facility component, and a bicycle and pedestrian component.
18 The components together comprise an integrated intermodal public transportation project; and are
19 each necessary features of said joint BART, California Department of Transportation ("Caltrans"),
20 County and Contra Costa Transportation Authority("CCTA") project.
21 8. The BART, highway/freeway/interchange/surface street, bicycle trail and pedestrian
22 components of the State Route 4/Bailey Road Interchange Project are all related to the purpose
23 and objective of the project, to-wit: an integrated intermodal public transportation project as
24 described in the EIR; and the interrelated components are required for the protection and
25 preservation of the usefulness and safety of the project.
26 9. At the public hearing held at the Board of Supervisors meeting of April 27, 1993,
27 prerequisite to consideration of the adoption of RESOLUTION OF NECESSITY NO. 93/226,
28 no written or oral objections were made by any property owner or their representative. In
2
1 particular, no objections were made that the general statement of the public use contained in the
2 proposed Resolution of Necessity did not adequately describe all of the features of the integrated
3 intermodal public transportation project as described in the EIR.
4 10. The acquisition by County of the real property required for the joint State Route
.5 4/Bailey Road Interchange Project is authorized by the Cooperative Agreements Dated December
6 5, 1990 (Cooperative Agreement 14.00.00); June 20, 1990 (Cooperative Agreement 14.01.02);
7 May 20, 1992 (Cooperative Agreement 21.00.02); and January 11, 1993 (Cooperative Agreement
8 90.14.02.00) which Cooperatives Agreements are attached hereto as Exhibit E and incorporated
9 herein by reference.
10 11. The four Cooperative Agreements together were intended to be collectively an
11 agreement for the joint exercise of the respective powers of eminent domain of the parties within
12 the meaning of Code of Civil Code of Procedure Section 1240.140 whereby Contra Costa County
13 was authorized by BART, Caltrans and CCTA to exercise their respective powers of eminent
14 domain to acquire the property necessary for the State Route 4/Bailey Road Interchange Project.
15 //
16 12. In an eminent domain action [Contra Costa County v. North State Development
17 Co. Contra Costa Superior Court No. C93-02098] to acquire Parcels 51260-1, 51260-2, 51260-3,
18 and 51260-5 described in RESOLUTION OF NECESSITY NO. 93/226, the owner has claimed
19 that the BART component of the State Route 4/Bailey Road Interchange Project is not a part of
20 the general statement of public use alleged in the eminent domain complaint. Said eminent domain
21 complaint incorporates said Resolution of Necessity by reference together with the general
22 statement of the public use contained in RESOLUTION OF NECESSITY NO. 93/226. The
23 owner further threatens to challenge the statutory authority of Contra Costa County to acquire the
24 Property for the joint public transportation project.
25 13. On September 20, 1994, the Board approved and the County entered into an
26 Agreement between and previously approved by Caltrans, BART, and CCTA which Agreement
27 was entitled an Agreement for the Joint Exercise of the Power of Eminent Domain for the Bailey
28 Road Interchange Project (a copy of which is attached as Exhibit F and incorporated herein by
3
1 reference). Said Agreement between the County, Caltrans, BART and CCTA was intended to be
2 a Code of Civil Code of Procedure Section 1240.140 agreement for the joint exercise of their
3 respective powers of eminent domain by County to acquire the properties required by the State
4 Route 4/Bailey Road Interchange Improvement Project. It is the County's position that said
5 Cooperative Agreements constituted an agreement for the joint exercise of the power of eminent
6 domain within the meaning of Code of Civil Procedure Section 1240.140. Rather than to litigate a
7 legal challenge to the sufficiency of said Cooperative Agreements, it was the purpose of said
8 Resolution adopting said Agreement for the Joint Exercise of the Power of Eminent Domain to
9 clarify and reaffirm said Cooperative Agreements in the form of a single integrated joint exercise of
10 powers agreement executed by all the Public Agencies party thereto.
11 14. It is the position of County that Code of Civil procedure Section 1245.230(a)
12 requires only a general statement of the public use for which the property is to be taken and that
13 RESOLUTION OF NECESSITY NO. 93/226 contained a sufficient general statement. Rather
14 than to litigate a legal challenge to the sufficiency of said general statement, it is the purpose of this
15 Resolution: (a) to more particularly describe the public use intended by the Board in
16 RESOLUTION OF NECESSITY NO. 93/226 so as to clarify and to clear up any uncertainty or
17 ambiguity in said general statement of the public use; and (b) to supplement and more particularly
18 reference the statutes which authorize the County to acquire the Property by eminent domain for
19 the joint public transportation project.
20 15. Contra Costa County seeks to acquire a single Parcel 51260 which parcel is divided
21 into Sub-Parcels 51260-1, 51260-2, 51260-3, and 51260-5 (referred to collectively herein as the
22 "Property"). Said Property is described in Appendix "A" attached hereto and incorporated herein
23 by reference. The Property sought to be acquired is a part of a single larger parcel.
24 16. The public use generally described as the State Route 4/Bailey Road Interchange
25 Improvement Project, a road reconstruction project, which requires the acquisition of the Property
26 sought to be acquired and condemned herein is:
27 for the purposes of a road reconstruction project known as the State Route 4/Bailey Road
28 Interchange Improvement Project. The State Route 4/Bailey Road Interchange
4
1 Improvement Project is a joint intermodal public transportation project and is hereinafter
2 referred to as the "Project". The Project is a public use, and is more particularly described
3 as follows:
4 An intermodal public transportation Project, which Project is a joint Project
5 of the Bay Area Rapid Transit District, the State of California(Department
6 of Transportation), Contra Costa Transportation Authority, and Contra
7 Costa County. Said intermodal public transportation Project shall include
8 the joint construction of improvements consisting of the widening and
9 improving of State Highway Route 4 between Willow Pass Road in
10 Concord to Railroad Avenue in Pittsburg, which improvement includes
11 reconstructing the Bailey Road Interchange on State Highway Route 4 in
12 the City of Pittsburg and Contra Costa County; and providing a median of
13 sufficient width to accommodate a BART rail system and a six lane
14 highway, expandable to eight lanes; construction of BART transit facilities
15 up to subballast in the Route 4 median including station platform and
16 foundation at the Bailey Road Interchange and the construction of parking
17 facilities servicing the BART Bailey Road station; and pedestrian
18 improvements and a bicycle path. All references to the Project herein
19 includes all of the above features and components, together with all
20 supporting features necessary to protect or preserve the safety and
21 usefulness of the Project as a integrated intermodal transportation system.
22 17. The County entered into agreements, pursuant to Code of Civil Procedure
23 §1240.140 with the San Francisco Bay Area Rapid Transit ("BART") , the State of California,
24 acting by and through the Department of Transportation ("Caltrans"), and the Contra Costa
25 Transportation Authority ("CCTA") for the joint exercise of their respective powers of eminent
26 domain for the acquisition of the property described herein in the name of the County for the
27 public use herein set forth. BART, Caltrans, CCTA, and County which are a party to said
28 agreements are referred to herein collectively as the " the Public Agencies." Said agreements are
5
1 in the form of Cooperative Agreements and an Agreement for the Joint Exercise of the Power of
2 Eminent Domain, and are attached hereto as Exhibits E and F respectively and incorporated herein
3 by reference. Said Cooperative Agreements and the Agreement for the Joint Exercise of the
4 Power of Eminent Domain are collectively referred to herein as the "JPA".
5 H
6 18. The respective public purposes requiring the Route 4/Bailey Road reconstruction
7 project for each of said sub-parcels are as follows:
8 A. Parcels 51260-1, 51260-2 and 51260-5: for joint-use for State, County and
9 BART purposes, more particularly described as follows:
10 i. For State and Countghway and freeway_purposes: to
11 reconstruct the Bailey Road Interchange on State Highway Route 4
12 in the City of Pittsburg and Contra Costa County; and the widening
13 and improving of State Highway Route 4.
14 ii. For BART purposes: to provide a median of sufficient width to
15 accommodate a BART rail system and the construction of BART
16 transit facilities up to subballast in the Route 4 median including the
17 Bailey Road BART station platform and foundation.
18 B. Parcel 51260-3: For BART purposes: for the Bailey Road BART Station
19 parking lot servicing the Bailey Road BART Station.
20 19. Providing public transportation is a function of the County.
21 20. The statutes that authorizes County to acquire the property described in Appendix
22 "A" by eminent domain are specified in the alternative as follows:
23 A. AS A JOINT EXERCISE OF THE RESPECTIVE POWERS OF
24 EMINENT DOMAIN POSSESSED BY THE STATE BART AND THE
25 COUNTY. Pursuant to Code of Civil Procedure §1240.140, the respective
26 powers of eminent domain possessed by the Public Agencies party to the
27 JPA are:
28 H
6
1 i. COUNTY: Government Code Section 25350.5, Streets and
2 Highway Code Sections 943(a) and 941.1, Code of Civil Procedure
3 Section 1240.120(a), and Government Code Section 26006.
4 County is authorized by statute to acquire said property for
5 highway, freeway and public transportation purposes and for the
6 purpose of carrying out and making effective the principal purpose
7 of the public transportation project, including uses for the protection
8 and preservations of the safety and usefulness of the public
9 transportation project.
10 ii. STATE: Streets and Highways Code Section 102. State is
11 authorized by statute to acquire for State highway purposes;
12 iii. BART: Public Utilities Code Sections 28953 29030 and 29031.
13 BART is authorized to acquire for BART rapid transit purposes
14 including rights-of-way, rail lines, stations, platforms and parking
15 lots and facilities necessary for said rapid transit service.
16 B. FOR COUNTY HIGHWAY AND PUBLIC TRANSPORTATION
17 PURPOSES . (i) Pursuant to Government Code Section 25350.5 and
18 Streets and Highway Code Section 943 for County highway, County public
19 transportation and County public parking purposes; and (ii)Pursuant to
20 Code of Civil Procedure Section 1240.120(a); Government Code Section
21 25350.5; Streets and Highway Code Section 943 as an acquisition necessary
22 to carry out and make effective the principal purpose for highway and
23 public transportation use.
24 C. FOR COUNTY PUBLIC TRANSPORTATION AND HIGHWAY
25 PURPOSES TO BE CONVEYED TO THE STATE FOR STATE
26 HIGHWAY PURPOSES AND TO BART FOR BART RAPID TRANSIT
27 PURPOSES. Pursuant to Code of Civil Procedure Sections 1240.120(a)
28 and 1240(b), Government Code Sections 25350.5, Streets and
7
1 Highways Code Sections 15, 113, 943, and Public Utilities Code 28970:
2 i. for highway and public transportation purposes, which property to
3 be acquired herein is to be conveyed upon completion of the Project
4 to the Caltrans, for State highway purposes; and
5 ii, for rapid transit use together with required station and parking
6 facilities, which property acquired herein is to be conveyed upon
7 completion of construction of the Project to BART.
8 21. The Property to be acquired is generally located in the Pittsburg, Bay Point area.
9 22. On April 8, 1993, notice of the County's intention to adopt a resolution of necessity
10 for acquisition by eminent domain of the Property described in Appendix "A" was sent to persons
11 whose names appear on the last equalized County Assessment role as owners of said property.
12 The Notice specified April 27, 1993, at 11:00 a.m. in the Board of Supervisors Chambers in the
13 Administration Building, 651 Pine St., Martinez, California as the time and place for the hearing.
14 23. The hearing was held at that time and place and all interested parties were given an
15 opportunity to be heard. Based upon the evidence presented to it, this Board found, determined
16 and thereby declared the following:
17 A. The public interest and necessity require the proposed project.
18 B. The proposed project is planned and located in the manner which will be
19 most compatible with the greatest public good and the least private injury.
20 C. The property described herein is necessary for the proposed project.
21 D. The offer required by and consistent with section 7267.2 of the Government
22 Code, together with the accompanying statement of the amount established
23 as just compensation, was made to the owner or owners of record.
24 E. Some of the property sought to be acquired is appropriated to a public use.
25 The determination and finding is made that the proposed use is a more
26 necessary use than the use to which the property is now appropriated, or a
27 compatible public use. This resolution is adopted pursuant to Code of Civil
28 procedure sections 1240.510 and 1240.610.
8
1 F. All conditions necessary to establish the right to take the property required
2 for the highway project have been complied with.
3 On April 27, 1993 RESOLUTION OF NECESSITY NO. 93/226 was passed and adopted
4 by a unanimous vote of the Board.
5 24. On September 15, 1994, notice of the County's intention to amend and re-adopt as
6 amended RESOLUTION OF NECESSITY NO. 93/226 for acquisition by eminent domain of the
7 real property described in Appendix "A" was sent to persons whose names appear on the last
8 equalized County Assessment role as owners of said property. The Notice specified October 4,
9 1994, at 11 a.m. in the Board of Supervisors Chambers in the Administration.Building, 651 Pine
10 Street, Martinez, California, as the time and place for the hearing thereon.
11 25. The hearing was held at that time and place, and all interested parties were given an
12 opportunity to be heard. Based upon the evidence presented to it, this Board finds, determines and
13 hereby declares the following:
14 A. The public interest and necessity require the proposed Project.
15 B. The proposed Project is planned and located in the manner which will be
16 most compatible with the greatest public good and the least private injury.
17 C. The property described herein is necessary for the proposed Project.
18 D. The offer required by and consistent with section 7267.2 of the Government
19 Code, together with the accompanying statement of the amount established
20 as just compensation, was made to the owner or owners of record.
21 E. All conditions necessary to establish the right to take the property required
22 for the project have been complied with.
23 26. The County Counsel of this County is hereby AUTHORIZED and EMPOWERED:
24 To acquire in the County's name, by condemnation, the Property described in Appendix "A",
25 attached hereto and incorporated herein by this reference in accordance with the provisions for
26 eminent domain in the Code of Civil Procedure and the Constitution of California:
27 The following sub-parcels are to be acquired in fee simple absolute: 51260-1, 51260-2 and
28 51260-3.
9
A L
1 The following sub-parcel is to be acquired as a temporary construction easement: 51260-5.
2 To prepare and prosecute in the County's name such proceedings in the proper court as are
3 necessary for such acquisition;
4 To deposit the probable amount of compensation, based on an appraisal, and to apply to
5 said court for an order permitting the Count to take immediate possession and use said real
6 property for said public purposes and uses and to continue in possession.
7
8 Adoption of this Resolution on October-4, 1994_ X1994 by the following vote:
9
10 AYES: Supervisors Smith, Bishop, DeSaulnier, Torlakson and Powers
11 NOES: None
12 ABSENT: None
13
14 I HEREBY CERTIFY, that the foregoing resolution was duly and regularly introduced,
15 passed and adopted by the vote of two-thirds or more of the Board of Supervisors of Contra Costa
16 County, California, at a meeting of said Board on the date indicated.
17 Dated: October 4, 1994, 1994,
18
19
1 hereby Certify that this Is a true and comecteopyof
20 an aBoaCtio taken and enteredon the minutes Ot the
of he dal&A"m
ATTESTED:
21 PHIL BATCHELOR,derk of the Board
of Supervisors and my Administrator
22
ey Deputy
23
24
25
26
27
28
10
State Highway 4
Bailey Road Interchange
North State Development
04-CC-4-19.6 (51260-1 , 51260-2,
51260-3 & 51260-5)
APPENDIX "A"
PARCEL 51260-1 (FEE)
All that real property situated in the City of Pittsburg, County of Contra Costa,
State of California, being a portion of the Southwest Quarter of Section 14,
Township 2 North, Range 1 West, Mount Diablo Base and Meridian more
particularly described as follows:
Commencing at the South Quarter corner of Section 14; thence N. 0' 05' 46" E.
along the east line of said Southwest Quarter of Section 14 a distance of 1188.97
feet to the intersection with the centerline of Leland Road as shown on Oak Hills,
Unit 1 , Subdivision 6887, Book 324 of Maps, at Page 44, Contra Costa County
Records; thence N. 89' 54' 35"W. a distance of 893.22 feet along said centerline;
thence 183.83 feet along the arc of a tangent curve to the right with a radius of
1 ,041 .94 feet and a central angle of 10' 06' 31"; thence N. 79' 50' 33" W. a
distance of 314.04 feet to the southwesterly corner of that parcel of land
described in deed to San Francisco Bay Area Rapid Transit District, in Book 12258,
at Page 988, Official Records; thence N. 0'05' 25" E. along the westerly line of that -
parcel described in said Book 12258 at Page 988, a distance of 1 ,070.97 feet to
a point in the proposed southerly right of way of State Route 4; thence N. 82' 43'
58"W. along said proposed right of way a distance of 366.8,7 feet; thence S. 0' 05'
25"W. a distance of 45.45 feet; thence N. 76' 23' 27"W. a distance of 414.54 feet;
thence N. 71' 55' 27"W. a distance of 339.30 feet to a point in the existing Route
4 right of way which lies 16148 feet right of"E4" line station 567+88.76; thence .
leaving said proposed right of way and continuing along said existing Route 4
right of way N. 71' 55' 27" W. a distance of 83.31 feet to the TRUE POINT OF
BEGINNING of herein described real property; thence continuing N. 71' 55' 27"W.
along said existing Route 4 right of way a distance of 139.26 feet to a point on
the west line of the southwest quarter of said Section 14, said point lies S. 0' 36'
27" W. a distance of 78.09 feet from the west quarter corner of said Section 14
and N. 0' 36' 27" E. a distance of 2,583.20 feet from the southwesterly corner of
said Section 14; thence leaving said existing right of way S. 0' 36' 27" W. a
distance of 51 .41 feet to a point on the proposed State Route 4 southerly right of
way; thence along said proposed southerly right of way N. 86' 28' 11" E. a
distance of 133.19 feet to the TRUE POINT OF BEGINNING.
Lands abutting said freeway shall have no rights or easement of access thereto.
Page 1 of 5
Containing a grid area of 3,415 square feet of land more or less.
Bearings and distances are based on the California Coordinate System Zone III
(C.C.S. 83), all distances referenced herein are grid. Multiply distances shown by
1 .0000609 to obtain ground level distances. Multiply grid area by 1 .0001218 to
obtain ground area.
04-CC-4-19.6 (51260-2)
PARCEL 51260-2 (FEE)
All that real property situated in the City of Pittsburg, County of Contra Costa,
State of California, being a portion of the Southwest Quarter of Section 14,
Township 2 North, Range 1 West, Mount Diablo Base and Meridian more
particularly described as follows:
Commencing at the South Quarter corner of Section 14; thence-N. 0' 05' 46" E.
along the east line of said Southwest Quarter of Section 14 a distance.of 1,188.97
feet to the intersection with the centerline of Leland Road as shown on Oak Hills,
Unit 1 , Subdivision 6887, Book 324 of Maps, at Page 44, Contra Costa County
Records; thence N. 89' 54' 35"W. along said centerline of Leland Road_a distance
of 893.22 feet; thence 183.83 feet along the arc of a tangent curve to the right
with a radius of 1 ,041 .94 feet and a central angle of 10' 06' 31"; thence N.' 79* 50'
33"W. a distance of 314.04 feet to the southwesterly corner of that parcel of-land
described in deed to San Francisco BayArea Rapid Transit District, in Book 12258,
at Page 988, Official Records; thence leaving said centerline N. 0' 05' 25" E: along
the westerly line of that parcel described in said Book 12258 at Page 988, a
distance of 1 ,070.97 feet to a point in the proposed southerly right of way of State
Route 4 and the TRUE POINT OF BEGINNING of the herein described real property;
thence N. 82' 43' 58" W. along said proposed right of way a distance of 366.87
feet; thence S. 0' 05' 25" W. a distance of 45.45 feet; thence N. 76' 23' 27"W. a
distance of 414.54 feet; thence N. 71' 55' 27" W. a distance of 339.30 feet to a
point on the existing southerly right of way of State Route 4 which lies 163.48 feet
right of "E4" line station 567+88.76, thence S. 88' 50' 04" E. along said existing
right of way a distance of 253.13 feet; thence S. 75' 34' 12" E. a distance of
105.24 feet; thence S. 81' 41' 29" E. a distance of 210.43 feet; thence S. 74' 00'
18" E. a distance of 105.33 feet; thence S. 83' 57' 01" E. a distance of 104.96 feet;
thence N. 83' 10' 16" E. a distance of 107.22 feet; thence S. 84' 25' 39" E. a
distance of 208.40 feet; thence N. 85' 20' 38" E. a distance of 6.92 feet to the
westerly line of the parcel described in said Book 12258, at Page 988; thence
along said westerly line and departing from said existing right of way S. 0' 05' 25"
W. a distance of 94.99 feet to the TRUE POINT OF BEGINNING.
Page 2 of 5
Lands abutting said freeway shall have no rights or easement of access thereto.
Containing a grid area of 83,305 square feet of land more or less.
Bearings and distances are based on the California Coordinate System Zone III
(C.C.S. 83), all distances referenced herein are grid. Multiply distances shown by
1 .000609 to obtain ground level distances. Multiply grid area by 1 .0001218 to
obtain ground area.
04-CC-4-19.6 (51260-3)
PARCEL 51260-3 (FEE)
All that real property situated in the City of Pittsburg, County of Contra Costa,
State of California, being a portion of the Southwest Quarter of Section 14,
Township 2 North, Range 1 West, Mount Diablo Base and Meridian more
particularly described as follows:
Commencing at the South Quarter corner of Section 14; thence N. 0' 05' 46' E.
along the east line of said Southwest Quarter of Section 14 a distance of 1 ,1.88.97
feet to the intersection with the centerline of Leland Road as shown on Oak Hills,
Unit 1 , Subdivision 6887, Book 324 of Maps, at Page 44, Contra Costa County
Records; thence N. 89' 54' 35"W. along said centerline of Leland Road a distance
of 893.22 feet; thence 183.83 feet along the arc of a tangent curve to the..right
with a radius of 1 ,041 .94 feet and a central angle of 10' 06' 31"; thence N.:79' 50'
33"W. a distance of 314.04 feet to the southwesterly corner of that parcel of land
described in deed to San Francisco Bay Area Rapid Transit District, in Book 12258,
at Page 988, Official Records; thence leaving said centerline N. 0' 05' 25" E. along
the westerly line of that parcel described in said Book 12258 at Page 988, a
distance of 42.65 feet to the northerly right of way of Leland Road as shown on
Oak Hills, Unit 2, Subdivision 7242, Book 338, at Page 8, Contra Costa County
Records and the TRUE POINT OF BEGINNING of herein described real property;
thence N. 79' 50' 33" W. along said northerly right of way, a distance of 12.89
feet;thence 29.87 feet along the arc of a non-tangent curve concave northwesterly
with a radial bearing of S. 10' 11' 23" W., a radius of 957.94 feet and a central
angle of 1' 47' 11"; thence N. 78' 01' 27" W. a distance of 329.05 feet; thence
leaving said northerly right of way, N. 0' 05' 25" E and parallel with the westerly
line of that parcel of land described in said Book 12258, at Page 988, a distance
of 998.44 feet to a point in the proposed southerly right of way of State Route 4;
thence S. 82' 43' 58" E. along said proposed southerly right of way, a distance of
366.87 feet to a point in the westerly line of that parcel of land described in said
Book 12258, at Page 988; thence S. 0' 05' 25" W. along said westerly line, a
distance of 1 ,028.32 feet to the TRUE POINT OF BEGINNING.
Lands abutting said freeway shall have no rights or easement of access thereto.
Page 3 of 5
Containing a grid area of 369,019 square feet of land more or less.
Bearings and distances are based on the California Coordinate System Zone III
(C.C.S. 83), all distances referenced herein are grid. Multiply distances shown by
1 .0000609 to obtain ground level distances. Multiply grid area by 1 .0001218 to
obtain ground area.
04-CC-4-19.6 (51260-5)
PARCEL 51-260-5 (Temporary Construction Easement)
1
All that real property situated in the City of Pittsburg, County of Contra Costa,
State of California, being a portion of the Southwest Quarter of Section 14,
Township 2 North, Range 1 West, Mount Diablo Base and Meridian more
particularly described as follows:
Commencing at the South Quarter corner of Section 14; thence N. 0' 05' 46" E.
along the east line of said Southwest Quarter of Section 14 a distance of 1188.97
feet to the intersection with the centerline of Leland Road as shown on Oak Hills,
Unit 1 , Subdivision 6887, Book 324 of Maps, at Page 44, Contra Costa County
Records; thence N. 89' 54' 35"W. along said centerline a distance of 893.22 feet;
thence 183.83 feet along the arc of a tangent curve to the right with a radius of
1 ,041 .94 feet and a central angle of 10' 06' 31"; thence N.. 79' 50' 33" W. a
distance of 314.04 feet to the southwesterly corner of that parcel of land
described in deed to San Francisco Bay Area Rapid Transit District, in Book 12258,
at Page 988, Official Records; thence leaving said centerline N. 0' 05' 25" E. along
the westerly line of that parcel described in said Book 12258 at Page 988, a
distance of 42.65 feet to a point in the northerly right of way of said Leland Road
as shown on Page 338 at Page 8 of Oak Hills, Unit 2, Subdivision 7242, Contra -
Costa County Records; thence N. 79' 50' 33" W. along said northerly right of way
a distance of 12.89 feet, thence 29.87 feet along the arc of a tangent curve to the
right with a radius of 957.94 feet and a centr6al angle of 1' 47' 11"; thence N. 78'
01' 27" W. a distance of 329.05 feet to the TRUE POINT OF BEGINNING of the
herein described temporary construction easement; thence continuing N. 78' 01'
27"W. a distance-of 25.55 feet; thence departing from said northerly right of way
of Leland Road N. 0' 05' 25" E. a distance of 800.00 feet; thence N. 68' 00' 00"W.
a distance of 81 .50 feet; thence N. 46' 00' 00"W. a distance of 271 .97 feet to the
proposed southerly right of way of State Route 4; thence S. 76' 23' 27" E along
said southerly right of way, a distance of 305.00 feet; thence departing from said
proposed right of way S. 0' 05' 2 5"W. a distance of 952.99 feet to the TRUE POINT
OF BEGINNING.
The term of herein described temporary construction easement is set to expire
December 31 , 1995.
Page 4 of 5
Containing a grid area of 48,860 square feet of land more or less.
Bearings and distances are based on the California Coordinate System Zone III
(C.C.S. 83), all distances referenced herein are grid. Multiply distances shown by
1 .0000609 to obtain ground level distances. Multiply grid area by 1 .0001218 to
obtain ground area.
Page 5of5
1 . SUMMARY
1 . 1 Proiect Description
The proposed project involves modifying the State Route 4/Bailey
Road interchange and local streets to accommodate the circulation
and transportation needs resulting from existing and planned
development in this portion of eastern Contra Costa County and to
accommodate the extension of BART to Bailey Road and the
resulting increase in traffic associated with a BART terminal
station at Bailey Road.
The extension of the existing BART Concord line to West Pittsburg
has been approved by the Bay Area Rapid Transit District . The
approved plans call for a BART station in the State Route 4
median just west of the Bailey Road interchange and the
construction of a parking lot on the BART property south of State
Route 4 .
The widening and lowering of State Route 4 between Willow Pass
Road in Concord and Bailey Road in West Pittsburg (the Willow
Pass Grade Lowering Project) is designed to provide for the
extension of the Concord BART line to Bailey Road in the State
Route 4 median. The State Route 4/Bailey Road interchange
improvements are designed to compliment and tie into the Willow
Pass Grade Lowering Project .
The proposed project would involve reconstructing State Route 4
in the vicinity of the Bailey Road interchange, to provide a 104
foot wide median to accommodate the BART station and BART tracks,
six through lanes and two High Occupancy Vehicle (HOV) lanes .
The Bailey Road interchange would be reconstructed with new
interchange ramps in a reverse partial cloverleaf design which
consists of loop off-ramps and diagonal on-ramps .
local circulation improvements would also be provided, including
the widening of Bailey Road to six lanes between Maylard Street
and Canal road; relocation of Canal Road west of Bailey Road to
follow the existing alignments of Mims and Amberson Avenues;
extending Los Palos Drive north of Leland Road; installation of
signals at off-ramp intersections and at the Canal Road/Bailey
Road intersection; and, other local access improvements .
Pedestrian access would be provided through the interchange area
and would be designed to connect to the Delta-De Anza Regional-
Trail .
egionalTrail .
The project would also involve the relocation of affected
electrical power, sewer, water, and natural gas lines so that no
disruption in service would occur. Drainage improvements would
be installed in the vicinity of the BART parking lot to
accommodate runoff from the project, future BART facilities, and
planned development in the area.
1-1
TO: I BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: October 8, 1991
SUBJECT: Approving Bailey Road Interchange Project
Project No. 0357-6X4156
SPECIFIC REQUEST(S) OR REOOMMENDiATIC 1M.&SACMP40UND AND JU6TWWA' T10N
1. RecomM_e1)d2d Action•
APPROVE Project, and CERTIFY that the final EiR for the project was completed in compliance
with the California Environmental Quality Act, that the final EIR was presented to the Board and
the Board reviewed and considered the Information contained in it, and
FIND that the project will have significant effects on the environment. each of which is
determined to be unavoidable, and as to each makes the following findings: See attached
findings.
DiRECT the Public Works Director to begin right-of-way acquisition and to prepare contract
plans and specifications for oonstruction.
DIRECT the Director. of Community Development to file a Notice of Determination with the
County Clerk.
DIRECT the Public Works Director to arrange for payment of the $25.00 handling fee to the
County Clerk for filing of the Notice of Determination. and for the $850.00 Fish and Game filing
fee to be transferred to the County Clerk.
11. EINANCIAL. IMPAC
T;
The estimated project cost Is$62.3 minion.funded by Measure C Funds (40%). BART(50%). and
State and local partnership (10%).
Continued on Attachment: SIGNATURE:
_ RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE w-OTHER
SiQNATURE(8):
ACTION OF BOARD ON /f 77 APPROVED AS RECOMMENDED OTHER
VO T� OF SUPERVISORS
UNANIMOUS (ABSENT 1
AYES: NOES-,--
ABSENT,.—
OES:ABSENT: ABSTAIN: I tw eby a dy*.M ihr M a WM•nd Owl copy or
an taction taken and entered on the mi-ASS of the .
BB:drg t;twrd of*UP*-%— Show Show+t~
c180:68 t10 Ptn enT m&M Cie*di the B"rd
of 6tmerWoM and County AtlMWwatoa
Orig. Div; Public Works (Major Projects)
cc: County Admin.: E. Kuevor �, _. _ - .Deputy
Community Development
PW Accounting
Road Engineering-H. Ballenger
Approving Salley Road lrn®....minge Project
Oa6ber 8,11991
Page TWo
Ill. 89ASONS E0E H9C.OM„MMMATIQNI13AQK2��:
The project Is needed to reduce congestion and provide a median width sufficient to '
accommodate the SART trackway and Interim terminal station site just west of Bailey Road.
This project has been determined to be in compliance with the General Pian. The Final
Environmental Impact Report pertaining to this project was considered by the Zoning Authority
on October T. 1991, and found to be complete and prepared In compliance with the Callfomla
Environmental Quality Act and State and County Guidelines.
IV. C0NSEQUENQF8 OFNCOATI ACTION:
Delay In approving the project will result In a delay of design and construction and may
jeopardize funding.
5:10'd gGe0TB65Tt?TG ni ��+>+nm nT-lama -,
LommunityContra Harvey E. Bragdon
! Director of Community Development
development
Department Costa
County Administration Building County
651 Pine Street
4th Floor, North Wing
Martinez, California 94553-0095
Phone
: 646-2035 •''` �
TO: INTERESTED AGENCIES, ORGANIZATIONS & INDIVID S
SUBJECT: NOTICE OF COMPLETION AND NOTICE OF PUBLIC HEARING ON THE
DRAFT ENVIRONMENTAL IMPACT REPORT FOR STATE ROUTE 4/
BAILEY ROAD INTERCHANGE, WEST PITTSBURG AREA
COUNTY FILE #CP 90-6
DATE: JUNE 7, 1991
The subject Draft Environmental Impact Report is being distributed for review and
comment in conformance with the California Environmental Quality Act of 1970
(CEQA) and State and County Guidelines.
Public review copies of the Draft EIR will be found at the following locations:
1 . Central Branch: 1750 0 a Park Blvd., Pleasant Hill
2. Concord Branch: 2900 Salvio Street, Concord
3. Pittsburg Branch: 80 Power Avenue, Pittsburg
4. County Community Development Department: 651 Pine Street, North Wing - 4th
Floor,`Martinez
5. County Public Works Department: 255 Glacier Drive, Martinez
In addition, copies may be purchased (plus postage, if mailed) at the offices of the
County Community Development Department, 651 Pine Street, Martinez.
For accuracy of record, written comments are desirable and encouraged, and should
be supported by-factual information whenever possible. Comments should be mailed
to the Contra Costa County Public Works Department, Attention: Vickie Germany,
255 Glacier Drive, Martinez, California 94553, by Monday, July 22, 1991, 5:00
p.m.
If written comments cannot be made, an oral presentation may be made at the public
hearing which will be held on Thursday, July 11, 1991, 7:30 p.m., at the Ambrose
Community Center, 3105 Willow Pass Road, Pittsburg, California.
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Cooperative Agreement No. 14.00.00
MASTER
COOPERATIVE AGREEMENT
BETWEEN
THE CONTRA COSTA TRANSPORTATION AUTHORITY
AND
CONTRA COSTA COUNTY
THIS AGREEMENT is made and entered into this fifth day of December, 1990, by and
between CONTRA COSTA COUNTY, hereinafter referred to as COUNTY and the CONTRA COSTA
TRANSPORTATION AUTHORITY hereinafter referred to as "AUTHORITY".
RECITALS
1. AUTHORITY and COUNTY pursuant to the Contra Costa Transportation
Improvement and Growth Management program adopted on August 3, 1988 and approved by
the voters of Contra Costa County in November 1988, hereby enter into a Cooperative
Agreement for transportation improvements in Contra Costa County.
2. COUNTY desires transportation improvements consisting of
widening and improving Route 4 between Willow Pass Road in Concord to at least
Railroad Avenue in Pittsburg, including widening and lowering the grade over Willow
Pass and various interchange improvements, hereinafter referred to- as "PROJECT".
PROJECT is specifically cited in the Expenditure Plan of the Transportation
Improvement and Growth Management Program.
3. Pursuant to Measure C, the AUTHORITY is committed to make available 'up to .
$80,000,000 in 1988 dollars for projects eligible under Route 4 East, to assist with
preliminary studies, design, right-of-way acquisition and construction, less specific
costs associated with overall program management by AUTHORITY. The costs incurred by
the AUTHORITY shall not exceed 1.5 percent of funds made available for the PROJECT
The precise amount of funds available to help fund individual projects will be
determined by the AUTHORITY'S Strategic Plan. AUTHORITY anticipates that the COUNTY
will continue to seek. other funds to supplement Measure C funds; including but not
limited to:
a. State-local partnership Program funds, pursuant to Streets and Highway Code
Section 164(d) (7)
b. Local contributions
C. State highway funds
4. Consistent with this AGREEMENT and Measure C, AUTHORITY will from time to
time authorize specific funding amounts, pursuant to a Request for Appropriation of
Funds by the Director of Public Works of the COUNTY. Consistent with this AGREEMENT
and Measure C, the Funding Appropriation Resolution will set forth additional
1
Cooperative Agreement No. 14.00.00
conditions, purpose, and timing for release of identified funds to COUNTY for
PROJECT. A chronological listing of appropriation resolutions will be included in
and made a part of Exhibit A (attached), which is hereby incorporated into this
AGREEMENT and made a part hereof. Exhibit A will be updated with each new
resolution. The Request for Appropriation of Funds will include an overall financial
plan for the PROJECT.
5. AUTHORITY and COUNTY have already entered into prior agreements relating to
this PROJECT. These include:
COOP # Date $ Amount Purpose
14.01.01 12-12-89 3,000,000 design, right-of-way engineering
14.01.01A 6-20-90 400,000 environmental reports
14.01.02 9-27-90 900,000 right-of-way acquisition
14.02.01 6-20-90 400,000 environmental studies & prelim. engineering
These prior agreements are ratified and confirmed and shall remain in
effect, except for all references to AUTHORITY's method of payment to COUNTY which
are amended and superseded by Exhibit B of the AGREEMENT (attached) .
SECTION I
COUNTY AGREES:
1. To submit a Request for Appropriation-of Funds for specific components of
the PROJECT as set forth in Paragraph 4 of Recitals above, and to apply any funds .
received under this AGREEMENT to PROJECT consistent with the mutually agreed-to terms
and conditions specified in the specific Resolution approved by the AUTHORITY.
2. To allow the AUTHORITY to audit all expenditures relating to any projects
funded through this AGREEMENT. For the duration of the. PROJECT, and for three (3)
years following completion of the PROJECT, COUNTY will make available to the
AUTHORITY all records relating to expenses incurred in performance of this AGREEMENT
3. To provide invoices, and progress reports consistent with Exhibit B, along
with the summary of expenditures to date.
4. To prepare a report on an annual basis at the end of the fiscal year which
itemizes (a) the annual expenditure of the funds for the PROJECT, and (b) progress to
date in its implementation.
5. To comply with AUTHORITY Policy 001 regarding project management (Exhibit C
attached) .
Cooperative Agreement No.14.00.00
Between Contra Costa Transportation Authority
&Contra Costa County
(mvJan. 17, 1991) 2
Cooperative Agreement No. 14.00.00
6. To be responsible for evaluation of prospective consultants and subsequent
award of work consistent with this AGREEMENT and any Appropriation Resolutions.
7. To provide technical direction
ection consistent with thd scope of work of any
Appropriation Resolution.
8. To provide- Project Management of consultant activities, including
responsibility for schedule, budgef and oversight of the services. -
9. If any, Measure C funds are to be used for construction; to install a sign
that identifies Measure C and the Contra Costa Transportation Authority as a funding
source.
SECTION 11
AUTHORITY AGREES:
. 1. In response to COUNTY Request for Appropriation of Funds, to consider
Resolution(s) consistent with this AGREEMENT and consistent with available sales tax
revenues to finance specific work components for the PROJECT, setting fort.1, the level
of funding, purpose, timing, and scope of work to be performed by COUNTY pursuant to
this AGREEMENT. Such resolutions will be incorporated into Exhibit A (attached) . To
the extent that available AUTHORITY funds are insufficient to fulfill any request for
Appropriation of Funds hereunder, taking into consideration all AUTHORITY funding
commitments, such Request shall be deemed a Request for a lesser amount equal to
funds which are available to meet such Request.
2. To.transfer funds to COUNTY for the purposes described in the relevant
resolution in the manner specified as attached in Exhibit B.
3. To provide timely notice if an audit is to be conducted.
SECTION III
IT IS MUTUALLY AGREED:
1. Term: The term of this AGREEMENT will remain in effect until terminated
as provided in Paragraph 2 and 11 hereof.
Cooperative Ag=mcnt No.14.00.00
Bctwccn Contra Costa Transportation Authority
&Contra Costa County
(revJan. 17, 1991) 3
Cooperative Agreement No. 14.00.00 .
2. Termination: This AGREEMENT shall be subject to termination as follows:
a. This AGREEMENT may be terminated for breach of any obligation, covenant or
condition hereof, upon notice to the breaching party. With respect to .any breach
which is reasonably capable of being cured, the breaching party shall have 30 days
from the date of the notice to initiate steps to cure. If the breaching party
diligently pursues cure, such party shall be allowed a reasonable time to cure, not
to exceed 60 days from the date of the initial notice, unless a further extension is
granted by the AUTHORITY,-
b.
UTHORITY;b. By mutual written consent of both parties, this. AGREEMENT may be terminated
at any time;
C. Except as expressly provided herein, this AGREEMENT shall terminate upon
disbursement of amounts- totalling the amount set forth in Recital 3 above, less
specific AUTHORITY project management costs referred to therein;
d. In the event this AGREEMENT is terminated, payment shall be made by the.
AUTHORITY for all services rendered up to the time of termination, subject to any
expenditure limits applicable to this AGREEMENT or the prior agreements referred to
in paragraph 5 of the Recitals to this AGREEMENT.
3. Indemnity: It is mutually understood and agreed, relative to the mutual
indemnification of AUTHORITY and COUNTY
a. That neither AUTHORITY, nor any officer or employee thereof, shall be
responsible for any damage or liability occurring by reason of anything done or
omitted to be done by under or in connection with any work, authority or jurisdiction.
delegated to COUNTY under the AGREEMENT. It is also understood and agreed that,
pursuant to Government Code Section 895.4, COUNTY shall fully indemnify and hold the
AUTHORITY harmless from any liability imposed for injury .as defined by Government
Code Section 810.8 occurring by reason of anything done or omitted to be done by
COUNTY under this AGREEMENT or in connection with any work, authority, or
jurisdiction delegated to COUNTY under this AGREEMENT.
b. That neither COUNTY, nor any officer or employee thereof, shall be
responsible for any damage or liability occurring by reason of anything done or
omitted to be done by AUTHORITY under or in connection with any work, authority or
jurisdiction delegated, to AUTHORITY under the AGREEMENT. It is also understood and
agreed that, pursuant to Government Code Section 895.4, AUTHORITY shall fully
indemnify and hold the COUNTY harmless from any liability imposed for injury as
defined by Government Code Section 810.8 occurring by reason of anything done or
omitted to be done by AUTHORITY under this AGREEMENT or in connection with any work,
authority, or jurisdiction delegated to AUTHORITY under this AGREEMENT.
C. The provisions of this section shall survive the termination of this
AGREEMENT.
Cooperative A =mcat No.14.00.00
Bctweca Contra Costa Transportation Authority
&Contra Costa County
(revJan.17,1991) 4
Cooperative Agreement No. 14.00.00
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 service, or
by certified or registered mail , return receipt requested, to the addresses set forth
below, or to such addresses which may be specified in writing to the parties hereto.
?' J. Michael Walford Robert K. McCleary
County Public Works Director Executive Director
255 Glacier Drive Contra Costa Transportation Authority
Martinez, CA 94553 2702 Clayton Road, Suite 202
Concord, CA 94519
5. Additional Acts and .Documents: Each party agrees to do all such things and
take all such actions, and to make, execute and deliver such other documents and
instruments, as shall be reasonably requested to carry out the provisions, intent and
purpose of the AGREEMENT.
6. Integration: This AGREEMENT represents the entire AGREEMENT of the parties
with respect .to the subject matter hereof, with the exception of the Cooperative
Agreements specifically cited in Paragraph 5 of the Recital Section of this
AGREEMENT. No representations, warranties, inducements or oral agreements have been
made by any of the parties except as expressly set forth herein, or in other
contemporaneous written agreements.
7. Amendment: This AGREEMENT may not be changed, modified or rescinded except
in writing, signed by all parties hereto, and any attempt at oral modification of
this AGREEMENT shall be void and of no effect.
8. Independent Agency: COUNTY renders its services under this AGREEMENT as an
independent agency. None of the COUNTY's agents or employees shall be agents or
employees of the AUTHORITY.
9. Assignment: The AGREEMENT may not be assigned, transferred, hypothecated,
or pledged by any party without the express written consent of the other party.
10. Binding on Successors, Etc. : This AGREEMENT shall be binding upon the
successors, assigns or transferees of the AUTHORITY or COUNTY as the case may be.
This provision shall not be construed as an authorization to assign, transfer,
hypothecate or pledge this AGREEMENT other than as provided above. '
11. Severability: Should any part of this AGREEMENT be declared
unconstitutional , 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 excised portion, be reasonably interpreted to give
effect to the intentions of the parties.
Cooperative Agrccmcnt No.14.00.00
Bctwcca Contra Costa Transportation Authority
&Contra Costa County 5
(rcvJan.17, 1991)
Cooperative Agreement No. 14.00.00
CONTRA COSTA COUNTY CONTRA COSTA
TRANSPORTATION AU
by:
. Mi Walf or Davis
Dir ctor4 of Publ-ic Works - Chair
ATTES
by: c
Robe K. M pry
Executive Di Wctor
APPROVED as to legal form and content:
Victor J. Westman, County Counsel by-
St n yl or
Authority Legal Cou el
by: i
Deputy County Counsel
Cooperative Agreement No.14.00.00
Between Contra Costa Transportation Authority
&Contra Costa County
(revJan. 17, 1991) 6
Cooperative Agreement No. 14.00.00
COOPERATIVE AGREEMENT NO. 14.00.00
between
the Contra Costa Transportation Authority
and
Contra Costa County
EXHIBIT A
Chronological Listing of Fund Appropriation Resolutions
Project Resolution $ Funds $ Cumulative
Number Number Date Appropriated Total
1401 14.01.01 12-12-89 3,000,000 3,000,000
1401 14.01.01A 06-20-90 400,000 3,400,000
1402 14.02.01 06-20-90 400,000 39800,000
1401 14.01.02 09-27-90 . 900,000 4,700,000
1401 90-17 12-05-90 500,000 5,200,000
1400 90-20 12-19-90 30,000 5,230,000
Cooperative Ag=mcnt No.14.00.00
between Contra Costa Transportation Authority
and Contra Costa County
Exhibit A 1
Cooperative Agreement No. 14.00.00
AGREEMENT NO. 14.00.00
between
the CONTRA COSTA TRANSPORTATION AUTHORITY
and
-CONTRA COSTA COUNTY
EXHIBIT B
Method of Payment
1. COUNTY will submit monthly invoices to the AUTHORITY which includes all
costs of the project for the stated time period.
2. Attached should be:
a. narrative quarterly report;
b. a summary of hours by name of each public agency employee charging
time to the project for the stated time period;
C. all overhead charges including multiplier (if used) incurred by the
public agency;
d. a copy of_invoice summary (detail is unnecessary) of any work
performed by a consultant or contractor. Summary should have
letterhead of consultant or contractor;
e. a list of all other direct costs involved.
3. Request for payment should cite the Fund Appropriation Resolution.
4. AUTHORITY will reimburse the COUNTY within ten working days after receipt
by the AUTHORITY of the monthly invoice.
dp:Coop\14-00-00.Agr
(12.06.90)
Cooperative Agreement No.14.00.00
between Contra Costa Transportation Authority
and Contra Costa County
Eadubit
LETTER OF TRANSMITTAL
CONTRA COSTA TRANSPORTATION AUTHORITY
1340 Treat Blvd., Suite 1S0
Walnut Creek, CA 94596
(41S) 938-3970
fax (415) 938-3993
To: Date: .2 -
File No.: i -ao .oy
Re:
Attention:
We Are Per Your _Enclosed _By UPS/Special Delivery For Your _Action
Sending Request _By Mail _Under Separate Cover Approval
_By Fax —Review/Comments
_By Messenger vUse/Information
QUANTITY DESCRIPTION
d
REMARKS
-� sS To:
For C. C ;S7TAIIION AUTHORITY
BY .
T. I ORIGINAL
COOPERATIVE AGREEMENT 14.01.02
BETWEEN
CONTRA COSTA TRANSPORTATION AUTHORITY
AND CONTRA COSTA COUNTY
FOR FUNDING RIGHT OF WAY ACQUISITION
FOR THE WIDENING AND LOWERING OF STATE ROUTE 4
AT WILLOW PASS GRADE
This AGREEMENT, entered into on the 20th day of June, 1990, is between the COUNTY
OF CONTRA COSTA, a political subdivision of the State of California,hereinafter referred
to as "COUNTY" and the CONTRA COSTA TRANSPORTATION AUTHORITY,
hereinafter referred to as "AUTHORITY".
RECITALS
A. The voters of the COUNTY approved Measure C, a one-half cent sales tax,
in an election'in November 1988. The State Route 4 widening project between Willow Pass
Road in Concord and at least Railroad Avenue in Pittsburg, and the BART rail extension
from Concord to North Concord and eastern Contra Costa are included in the Expenditure
Plan approved by the voters. The State Route 4 widening between Willow Pass Road in
Concord and Bailey Road in West Pittsburg and lowering of the Willow Pass Road portions
of the projects are collectively referred to herein as the "PROJECT'.
B. AUTHORITY and COUNTY do mutually desire to set forth the terms and
conditions for COUNTY to acquire right of way for the PROJECT and its funding which
is to be accomplished within the scope of this Agreement.
C. The estimated cost for right of way acquisition for the PROJECT is two
million six hundred thousand dollars ($2,600,000), which sum includes nine hundred
thousand dollars ($900,000) for hardship acquisition.
D. Due to cash-flow constraints at this time the AUTHORITY can only approve
the hardship acquisition funding of nine hundred thousand dollars ($900,000). The
additional funds will be requested prior to March 1991 at the completion of the Subsequent
EIR and the appropriate amendment to this AGREEMENT will be processed.
E. AUTHORITY and COUNTY contemplate entering into additional separate
but related cooperative agreements for utility relocation and construction of the PROJECT.
AGREEMENT
NOW, THEREFORE, for and in consideration of their mutual promises and
agreements, and subject to the terms, conditions, covenants and provisions hereinafter set
CO-OP AGREEMENT 14.01.02 1
forth, the AUTHORITY and COUNTY do hereby agree as follows:
SECTION I
COUNTY AGREES:
1. . To provide technical direction for and acquire right of way for PROJECT
consistent with Caltrans standards and the funding provided by the AUTHORITY.
2. To provide COUN71'Y staff throughout the right of way acquisition process as
necessary. COUNTY shall either employ staff on COUNTY payroll or hire and supervise
consultants to perform right of way acquisition. Right of way acquisition includes notices
to property owners, appraisals, negotiations, land rights document preparation, escrow
instructions, right of way certification decision to commence condemnation action, and
condemnation assistance to legal staff as well as cost of Legal Counsel. All right of way
acquisition services, whether provided by COUNTY staff or by consultants retained by the
COUNTY, shall be charged to the COUNTY and subject to reimbursement by the
AUTHORITY only to the extent that such services are provided on a time and materials
basis,without override or surcharge by the COUNTY. Staff time charges shall be the actual
COUNTY base labor charge out rate, which includes fringe benefits, plus appropriate
overhead, as approved by the County Auditor Controller.' In addition, the AUTHORITY
will reimburse necessary and reasonable direct costs incurred by the COUNTY, its staff and
consultants to carry out its obligations hereunder. The foregoing are referred to herein as
"allowable PROJECT costs".
3. To enter into separate cooperative agreements with Caltrans; to identify
PROJECT responsibilities regarding condemnation of necessary right of way.
4. To review each month a copy of each invoice, statement or other expenditure
document related to right of way acquisition, and to pay such allowable PROJECT costs
directly after reasonable review.
5. After review, approval, processing for payment, and payment of such costs, to
submit an invoice to AUTHORITY for reimbursement of such allowable PROJECT costs.
6. Upon the earlier of cessation of work pursuant to paragraph 1 of Section III
below or the completion of right of way acquisition and settlement of all claims and bills,
to prepare and deliver to AUTHORITY a final right of way acquisition expenditure report
which includes a detailed statement of the total costs incurred.
7. To retain during the term of the Agreement and for a period of five (5) years
following the earlier of its termination or completion of right of way acquisition, all books
and records related to expenses for which reimbursement has been requested, and to make
,such records available for review and copying by the AUTHORITY and its authorized
CO-OP AGREEMENT 14.01.02 2
representatives and gents, upon reasonable notice given by AUTHORITY to COUNTY
during the term of this Agreement and during the period of such record retention.
8. To follow the applicable policies and procedures required by the Federal
"Uniform Relocation and Real Property Acquisition Policies Act," and related applicable
policies, procedures and regulations.
9. To reimburse the AUTHORITY of the actual sales price for any property
acquired with Measure C funds which is subsequently determined to not be required for
completion of the PROJECT ("surplus" property).
SECTION II
AUTHORITY AGREES:
1. Subject to the expenditure cap set forth in paragraphs 1 and 2 of Section III
below, to reimburse COUNTY within 10 working days (for purposes of this Agreement, a
"working day" is any Monday through Friday, excluding any holiday observed by the
COUNTY or the AUTHORITY)after receipt by the AUTHORITY of the monthly invoice
from COUNTY of allowable PROJECT costs.
2. Subject to completion of negotiations satisfactory to AUTHORITY, to enter
into separate cooperative agreements with BART, Caltrans and the COUNTY regarding
PROJECT construction funding.
SECTION III
IT IS MUTUALLY AGREED:
1. The AUTHORITY's obligation to reimburse right of way acquisition costs
pursuant to this Agreement shall in no event exceed the sum of nine hundred thousand
dollars ($900,000) unless this Agreement is amended to increase such amount. The sum of
nine hundred thousand dollars ($900,000) as amended from time to.time by amendment to
this Agreement is referred to herein as the "expenditure cap". If at any time it is
determined that the cost of right of way acquisition agreed to be reimbursed by the
Authority pursuant to this Agreement shall exceed or has exceeded the expenditure cap, the
parties agree to negotiate to consider an increase in the amount which the AUTHORITY
agrees to reimburse. Unless the parties agree otherwise, if the parties have not entered into
an amendment within 15 working days from the date of notice from the COUNTY to the
AUTHORITY that the agreed-upon expenditure cap will be or has been exceeded, the
COUNTY will cease work on the PROJECT and all allowable PROJECT costs incurred to
date, up to the expenditure cap, will be subject to reimbursement by the AUTHORITY.
2. Section III, Paragraph 1 notwithstanding, if through a condemnation action an
CO-OP AGREEMENT 14.01.02 3
award has become final and non-appealable, which award together with all other amounts
paid or payable pursuant to this Agreement to the date of such award, exceeds the
expenditure cap,both parties agree that the expenditure cap shall be increased in an amount
sufficient to cover such award together with any accrued and unpaid legal and other
expenses related to such award to the date of such award.
3. Any amounts within an agreed upon expenditure cap not used to reimburse
the COUNTY for allowable PROJECT costs shall be retained by the AUTHORITY and
may be reallocated to other projects or purposes in the sole discretion of the AUTHORITY
and without limitation under this Agreement.
4. All work product produced by the COUNTY,its staff and consultants pursuant
to this Agreement and included within allowable PROJECT costs, including but not limited
to copies of appraisal reports, property acquisition files and supporting documentation shall
be the property of the AUTHORITY and, if requested, shall be delivered to the
AUTHORITY upon completion of the PROJECT or earlier termination of this Agreement.
5. It is the intention of each of the parties hereto to indemnify and hold harmless
the other party and to provide for insurance against certain liabilities and damages in
accordance with and subject to applicable law. Accordingly:
(a) Neither COUNTY, nor any officer or employee thereof, shall be
responsible for any damages or liability occurring by reason of anything
done or omitted to be done by AUTHORITY under this Agreement.
It is also understood and agreed that, pursuant to Government Code
Section 895.4,AUTHORITY shall fully indemnify and hold COUNTY
harmless from any liability imposed for injury (as defined in
Government Code Section 810.8) occurring by reason of anything done
or omitted to be done by AUTHORITY pursuant to this Agreement.
(b) Neither AUTHORITY nor any officer or employee thereof, shall be
responsible for any damages or liability occurring by reason of anything
done or omitted to be done by COUNTY under this Agreement. It is
also understood and agreed that, pursuant to Government Code
Section'895.4, COUNTY shall fully indemnify and hold AUTHORITY
harmless from any liability imposed for injury (as defined in
Government Code Section 810.8) occurring by reason of anything done
or omitted to be done by COUNTY pursuant to this Agreement.
(c) COUNTY,through separate agreements with consultants,shall require
each consultant awarded a contract pursuant hereto, to secure and
maintain, in full force and effect at all times during the duration of the
contract, comprehensive general liability insurance, including blanket
contractual (or contractual liability) coverage, broad form property
CO-OP AGREEMENT 14.01.02 4
damage coverage, and coverage for owned and non-owned
automobiles, in forms and limits of liability satisfactory to
AUTHORITY and COUNTY, naming AUTHORITY and COUNTY
and their respective officers and employees as additional insured, from
and against all damages due to bodily injury, sickness or disease, or
death to any person, and damage to property, including the loss of use
thereof, arising out of each accident or occurrence.
The aforementioned policies shall contain a provision that the
insurance afforded thereby to the AUTHORITY and COUNTY and
their respective officer and employees, shall be primary insurance to
the full limits of liability of the policy, and that if AUTHORITY or
COUNTY or their respective officers and employees have other
insurance against a loss covered by such policy, such other insurance
shall be excess insurance only.
(d) COUNTY,through separate agreements with consultants, shall require
each consultant awarded a contract pursuant hereto, to defend,
indemnify, save and hold harmless AUTHORITY, COUNTY, their
boards, officers and employees from any and all claims, costs and
liability for any damages, injury or death arising directly or indirectly
or indirectly from, or connected with, the consultant's services and due
to, or claimed or alleged to be due to, negligence or willful misconduct
of the consultant, its employees, subcontractors, or any person under
its direction or control, save and except claims or litigation arising
through the sole negligence or sole willful misconduct of
AUTHORITY or COUNTY, and to make good to and reimburse
AUTHORITY and COUNTY for any expenditures, including
reasonable attorney's fees, AUTHORITY or COUNTY may make by
reason of such matters, and if requested by AUTHORITY or
COUNTY, to defend any such suits at the sole cost and expense of the
consultant.
Nothing in this paragraph or this Agreement is intended, nor shall it have the effect of
altering ithe standard of care due third parties by either party.
6. This agreement may be modified or amended only upon the consent of both
parties in writing. Neither party shall unreasonably withhold its consent to the
implementation and accomplishment of the overall purposes for which this Agreement has
been made,provided that, the preceding notwithstanding, the AUTHORITY shall have the
right to withhold its consent to an amendment to the Agreement to alter the expenditure
cap for any reason except as provided otherwise in paragraph 2 of this Section III.
7. This Agreement shall expire upon completing of the report of final costs the
CO-OP AGREEMENT 14.01.02 5
delivery of any work product requested by the Authority pursuant to Section III, paragraph
4, and the payment of funds between the AUTHORITY and COUNTY provided that,
indemnity and insurance provisions contained in Section III, Paragraph 5 shall survive
expiration of this agreements.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and
year set forth above.
COUNTY OF CONTRA COSTA CONTRA COSTA
TRANSPORTATIO
",N7jQRITY
G� lam
By._ -�
Chair, Board o upervisors Tayl r Davis, Chairperson
ATTEST: ATTEST:
Phil Batchelor, By-
Clerk of the Board of Supervisors Robert McCle ry,
and County Administrator Executive Director
By: . - J'1"
Deputy
Recommended for Approval
J. Michael Walford
Public Works Director
By:
Form Approved: Form Approved:
Victor J. Westman, County Counsel
By: ! By:
Deputy Authority Coun el
RVF:eh
a:cctarw.agn
(6/90)
dpCO-OP:14-01.02
CO-OP AGREEMENT 14.01.02 6
TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: July 31, 1994
SUBJECT: Approve Cooperative Agreement With Contra Costa Transportation Authority To Fund
Right Of Way Acquisition For State Route 4 Willow Pass Grade Widening And Lowering
Project No.:4660-6X4107.
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) &BACKGROUND AND JUSTIFICATION
Recommended Action:
Approve and Authorize the Chair to execute the Cooperative Agreement with Contra Costa
Transportation Authority (CCTA) to fund Right of Way Acquisition for the State Route 4 Willow
Pass Grade Widening and Lowering Project.
111. Financial Impact:
There will be no impact to the County General Fund. The estimated cost for the Hardship
acquisition is estimated to be $900,000. The funds will come from CCTA as part of Measure C
project allocations.
111111. Reasons for Recommendations and Back-ground:
Right of way acquisition for this project is scheduled to commence by April 1991, after certifica-
tion of the Subsequent EIR. Mr. Charlie Walker's property and house will be acquired inorder
to construct the new interchange at Willow Pass Road east.
On May 25, 1990, Mr. Walker requested by letter that the County acquire his property under the
hardship acquisition provisions of the Advance Acquisition, Chapter 460 of the State of
California, Department of Transportation, Right of Way Procedures Handbook, Volume 4A. The
County, Caltrans and CCT*A have agreed to the advanced acquisition. The County on behalf
of CCTA has also applied to Caltrans and FHWA for reimbursement of the right of way funds
as part of the Federal Highway Demonstration Project identified in the Federal Highway Act of
1987.
Continued on Attachment: X SIGNATURE:
Cooperative Agreement With Contra Costa Transportation Authority.
July 31, 1990
Page 2
Ill. Reasons for Recommendations and Background (cont.)*. .
After the SEIR is certified by Caltrans the right of way acquisition process will commence. At
e'%_r A I I t-
:LL- e
ORIGINAL
Cooperative Agreement No. 21.00.02
COOPERATIVE AGREEMENT
BETWEEN
THE CONTRA COSTA TRANSPORTATION AUTHORITY
AND
SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT
THIS AGREEMENT is made and entered into effective this 20 day of MU. 19_92, by and
between the SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT hereinafter referred
to as "BART" and the CONTRA COSTA TRANSPORTATION AUTHORITY, hereinafter
referred to as "AUTHORITY".
RECITAIS
A. AUTHORITY and BART, pursuant to the Contra Costa 'Transportation
Improvement and Growth Management Program adopted on August 3, 1988 and approved by
the voters of Contra Costa County in November 1988 as Measure C, hereby enter into a
Cooperative AGREEMENT for transportation improvements in east Contra Costa County.
B. BART desires transportation improvements consisting of BART rail extension
from the existing Concord Station to the vicinity of Bailey Road/West Pittsburg in Eastern
Contra Costa County, known as the Phase I Extension, and.from there east toward and to
Aveau&East Antioch, known as the Phase II Extension. Phase I is hereinafter referred to as the
"PROJECT". The PROJECT and Phase II Extension are eligible under the terms of the
Expenditure Plan of the Transportation Improvement and Growth Management Program.
C. AUTHORITY is committed to make available Measure C revenues, and BART
is committed to supplement Measure C funds with revenues from other sources, all as set forth
below.
Cooperative Agreement No. 21.00.02
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SECTION I - PRINCIPLES OF AGREEMENT
IT IS MUTUALLY AGREED:
1. PRINCIPLE #1: AUTHORITY will commit $178 million (1988 dollars) for
East County Rail(BART) 1&dension expenditures over the life of Measure C, between now
and 2009.
By way of clarification, "now" refers to the operative date of the Measure C ordinance:
April 1989.
All obligations of AUTHORITY under the terms of this AGREEMENT are expressly
subject to the AUTHORITY's continued authorization to collect and expend the sales tax
proceeds provided by MEASURE C. If for any reason the AUTHORITY's right to collect or
expend such sales tax proceeds is terminated or suspended in whole or part, the AUTHORITY
shall promptly notify BART, and the parties shall consult on a course of action. If,after twenty
five(25)working days, a course of action is not agreed upon by the parties, this AGREEMENT
shall be deemed terminated by mutual or joint consent; provided, that any further obligation to
fund from the date of the notice shall be expressly limited by and subject to () the lawful ability
of the AUTHORITY to expend sales tax proceeds for the purposes of the AGREEMENT; and
(u) the availability, taking into consideration all the obligations of the AUTHORITY under all
outstanding contracts, agreements or other obligations of the AUTHORITY, of funds for such
Purposes-
2. PRINCIPLE#2:BART and AUTHORITY acknowledge that should all of the
funding sources envisaged in MTC Resolution 1876 materialize (New Rail Starts and
Extensions), not all of this amount will be necessary to complete the Phase I Extension to
Bailey Road. (Assuming the current budget estimate of$506 million, plus approximately
$S million in debt service (escalated?.does not change.) The balance will be available to
help construct the Phase R Extension further into East County to Hillcrest.
By way of clarification, "available" means "will be committed as provided in Principle
W. As of the effective date of this AGREEMENT, BART's estimate of its debt service is
approximately $24 million, not the $5 million cited above.
3. PRINCIPLE #3: AUTHORITY may set aside up to 1 1/2 percent of this
amount to cover overall Measure C program management.
By way of clarification, program management costs consist only of the portion of the
salaries and benefits of AUTHORITY'S Executive Director and staff and salaries and overhead
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r i
Of program management consultants engaged by AUTHORITY which is directly related to work
regarding the PROJECT, and a prorata share of program management costs charged by
AUTHORITY—adopted policy to all project funding categories by AUTHORITY. At BART's
request, AUTHORITY shall promptly provide BART with reasonably detailed information
regarding such costs as estimated and as actually incurred. The costs, up to the $2.67 million
(1988 dollars) maximum (1 1/2 percent of$178 million), will be deducted from the balance of
the $178 million commitment and not from the CCTA PROJECT FUNDS as defined in
paragraph 5.
4. PRINCIPLE #4: Near term financial commitments will be made consistent
with AUTHORITY'S Strategic Plan, as adopted or amended.
By way of clarification, it is AUTHORITY'S intent to update the Strategic Plan on a
biennial basis to maintain a 7-8 year programming "window". At the time of such updates the
AUTHORITY will consider appropriate programming amounts for the PROJECT for the
additional two years that will be added into the Plan at that time. AUTHORITY will consult
with BART as to the appropriate funding amounts that could be added into the Plan. BART
understands that prompt response to AUTHORITY-requested information is vital to receiving
favorable consideration.
5.. PRINCIPLE#5: The 1991 Strategic Plan commits Authority to provide$120
million (1988 $) for BART expenditures through Fiscal Year 1997, on a cash basis as
follows:
Year ions
Fiscal Year 1991: $ 4.500
Fiscal Year 1992: 46.108
Fiscal Year 1993: 49.438
Fiscal Year 1994: 16.499
FLscal Year 1995: 3.455
Total: $120.000
Should any funds remain at the close of a particular Fiscal Year, such funds will be
"rolled over" to the following Fiscal Year.
By way of clarification, when disbursements of Measure C funds are made to BART
under this AGREEMENT for the PROJECT, they shall be adjusted to their 1988 dollar
equivalent in the following manner. promptly after the June 30 end of each Fiscal Year the total
Cooperative Agreement No. 21.00.02 .
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disbursements received by BART for eligible tasks completed during that year shall be multiplied
by an adjustment factor determined by dividing 117.8 (i.e., the average CPI INDEX for Fiscal
Year 1988, ending June 30, 1988)by the average CPI INDEX for that year. AUTHORITY will
make such calculations and provide them to BART. If the CPI INDEX is revised or
discontinued, the parties shall convert to the revised index or adopt the successor index in
accordance with guidelines therefore issued by the federal government. As used herein, CPI
INDEX means the Consumer Price Index for All Urban Consumers for the. San
Francisco/Oakland/San Jose Metropolitan Area, All Items, 1982-84 Equals 100, published by
the United States Department of Labor, Bureau of Labor Statistics.
[For example, if BART receives disbursements of$8.3 million for tasks completed in
Fiscal Year 1990 and the average CPI INDEX for that year is 128.7, dividing 117.8 by 128.7
yields an adjustment factor of 0.92 (based on the fust two decimal places of 0.9153069, with
rounding) which, when multiplied by $8.3 million, yields $7,636,000.]
At the conclusion of the PROJECT, the total disbursements .made by AUTHORITY,
adjusted to their 1988 dollar equivalents in the manner described above, will be deducted from
the AUTHORITY's overall commitment of$178 million to the East County Rail Exfension. The
balance, less AUTHORITY's program management costs, will be committed as provided in
Principle #1 for Phase 11.
This specific AGREEMENT details an initial amount of $120 million (1988 dollars)
hereinafter "CCTA PROJECT FUNDS", for the PROJECT. CCTA PROJECT FUNDS may be
increased by an amendment to this AGREEMENT, but will not be decreased by finance costs
resulting from AUTHORITY'S issue of bonds. As of the effective date of this AGREEMENT,
it is the AUTHORITY'S intent to absorb the financing costs resulting from the issue of revenue
bonds by utilizing a portion of its un-allocated contingency reserve. However, should the
Measure C sales tax.receipts be less than the official forecast prepared by Deloitte Touche, as
described .in Table 5.1 of the Strategic Plan, the contingency reserve would be less than
originally projected, therefore the AUTHORITY reserves the right to charge a portion of
BART's share of financing costs, (not to exceed. $15 million in 1988 dollars), against the
remaining$58 million balance of the$178 million commitment. The parties recognize that the
AUTHORITY's decision to issue long term debt through a bond issue was predicated in part
upon BART's assurances that the timetable incorporated in the Strategic Plan was reasonable.
However, future circumstances may result in BART being unable to expend all of the CCTA
PROJECT FUNDS consistent with the time frames implied in this paragraph. In such
circumstances, the AUTHORITY will use its best efforts to program and expend, on a time
frame consistent with that envisaged in this paragraph, a portion of the funds derived from the
AUTHORITY's bond issue and programmed for the PROJECT, on other eligible Measure C
project(s). To the degree that the AUTHORITY is successful in achieving this objective, it will
reduce BART's potential liability for its share of the financing costs of the bond issue
accordingly.
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t
CCTA PROJECT FUNDS are the minimum commitment of AUTHORITY for the
PROJECT and shall not be decreased by amendment of the Strategic Plan or otherwise except
as provided in paragraphs 11, 13 and 17 hereof. As noted in Principle #4, the AUTHORITY
and BART may .mutually agree to adjust annual programmed amounts in the Strategic Plan
amendments, These amendments will not reduce the CCTA PROJECT FUNDS commitment
for Phase I. Disbursements of Measure C funds made to BART under this paragraph shall be
adjusted to their 1988 dollar equivalent in the manner set forth above, and then deducted from
the CCTA PROJECT FUNDS . If the Fiscal Year amount for a given year were projected to
be exceeded, BART may request an increase in such amount pursuant to paragraph 6.hereof.
Should the AUTHORITY disburse funds in a particular fiscal year that exceed the programmed
amount, then the excess shall reduce the fiscal year amount for the following fiscal year. [For
example, if disbursements to BART exceed the $49.438 million for Fiscal Year 1993 by $2
million (1988 dollars), the excess shall reduce the $16.499 for Fiscal Year 1994 to $14.499
million.]
The $4.5 million for now-ended Fiscal Year 1991 will be reduced by the 1988 dollar
equivalent of the-funds which AUTHORITY disbursed to BART for tasks completed during that
Fiscal Year under the January 16, 1991 Final Design Agreement. The balance of the $4.5
million is added to the$46.108 million for Fiscal Year 1992. The Fiscal Year 1992 amount will
be reduced by the disbursements for final design made by the AUTHORITY from July 1, 1991
through the effective date of this AGREEMENT.
6. PRINCIPLE #6: In accordance with Principle #1, should financial
circumstances result in the West Pittsburg Extension requiring supplemental funds in excess
of the amounts committed in the then-current Strategic Plan, or on a different time frame,
AUTHORITY will amend the Strategic Plan. The amendment will take into account
AUTHORITY'S overall project funding needs. In this amendment, both BART and
AUTHORI'T'Y will examine the overall funding needs in light of the amounts programmed
in the Strategic Plan, .Principles 1, 14 and 17, and take appropriate steps to minimize
adverse financial implications for the projects.
By way of clarification, any such amendment shall be mutually agreeable to the
AUTHORITY and BART.
7. PRINCIPLE#7: Of this total,AUTHORITY will directly fund BART's share
of the Route 4, Willow Pass Grade Lowering and Bailey Road Interchange projects,
including BART civil structures that are part of the Caltrans contract, through
AUTHORITY funding of design, right of way, utility relocation, etc. and 'a joint
cooperative agreement for construction between Caltrans, AUTHORITY, and BART.
BART's share of those costs will be mutually agreed upon and covered in a separate
Cooperative Agreement No. 21.00.02
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agreement between AUTHORITY and.BART.
[Note: The parties prefer that BARrs share of the highway projects be funded
directly by AUTHORITY. However, should the Measure C funds be necessary to show as
a match for Proposition 108, 116 or TCI funds, AUTHORITY will, for accounting
Purposes, pass the BART share of the highway project "through" BART.)
By way of clarification, rather than the separate agreements envisaged hi the above
principle, there will be two separate joint cooperative agreements for construction and two
separate cost sharing attachments to this agreement, one set for Willow Pass, (Attachment #1,
which is incorporated herein by this reference as though set forth at length), and one set for
Bailey Road, (Attachment#2 which is to be incorporated by reference as though set forth in full,
which incorporation shall not constitute an amendment to this AGREEMENT). If BART's share
of 0 such costs exceeds the $52.5 million (1988 dollars) now contemplated in the Strategic
Plan, AUTHORITY will increase the CCTA PROJECT FUNDS committed to BART under
paragraph 5 hereof by such excess in the fiscal year(s) that the funds are needed. As of the
effective date of this AGREEMENT, the Strategic Plan assumes that of the CCTA PROJECT
FUNDS, BART's share of the Willow Pass Grade and Bailey Road interchanges is estimated at
(in 1988 dollars) $26.536 million and $25.915 million respectively.
Disbursement of Measure C funds by the AUTHORITY for BART's share of the two
highway projects cited above will cause the availability of the Fiscal Year programmed amounts
cited in paragraph 5 to be depleted. Depletion of the programmed amounts will be consistent
with the two Cost Sharing Attachments to this Agreement. Upon execution of each Cost Sharing
Attachment, the AUTHORITY may deduct, from the then current fiscal year programmed
amount,BART's share of the highway environmental,right-of-way utility relocation, and design
costs expended to date.
8. PRINCIPLE#8:Subsumed within the overall commitment is the$14.4 million
(escalated dollars) already committed by previous cooperative agreement for partial design
of the Fzctension.
By way of clarification, the January 16, 1991 Final Design Agreement is hereby
subsumed within this AGREEMENT, and the funds disbursed thereunder, as referred to in
paragraph 5 hereof, shall be treated as if disbursed under this AGREEMENT.
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9. PRINCIPLE #9: The remaining funds available, after subtracting the $14.4
million (escalated dollars) above for final design, and the BART share of Willow Pass
Grade and Bailey Road Interchange projects, together with an additional$35.5 million in
Proposition 116 funds,are available for vehicles, right of way acquisition, utility relocation,
systems procurement, and construction, preferably in the North Concord Extension area.
The following project components are eligible for reimbursement:
Component Estimated Prop 108. 116 & Measure C
Right of Way Acquisition $50M
Train Control 30M
Traction Power and Trackwork 24M
Line Section from Concord to 50M
North Concord
Tail Track from North Concord 10M
Station to Route 4
North Concord Station 21M
1�8
AUTHORITY recognizes that proposed application of Measure C funds may change,
however BART must demonstrate compliance with the above uses of funds, and seek an
amendment to this AGREEMENT if additional components are to be funded with Measure
C.
By way of clarification, as noted in paragraphs 5 and 8 hereof the amount deducted as
a result of the now subsumed final design agreement is that set forth in paragraph 5, not$14.4
million. The Measure C funds referred to in this paragraph are also available for, and the listed
eligible PROJECT components also include $12 million for vehicles and $6 million for the
Concord yard south leads, utility relocation of $1 million, and $18 million for engineering.
Following a written request from General Manager of BART, the Executive Director of the
AUTHORITY may permit shifts in Measure C funds from one of the eligible PROJECT
components to another, providing that the Measure C funds assigned to any of the above cited
PROJECT components do not exceed the amounts specified above by more than 10%, if the
overall amounts fit within the plan referred to in paragraph 22a hereof. The eligible components
relate only to the PROJECT. Inclusion of additional eligible PROJECT components would
require an amendment to this AGREEMENT. Expenditure of Measure C funds on the Phase
II Extension will be the subject of an amendment to this AGREEMENT.
BART will establish an internal accounting report to keep track of the disbursement of
the various fund categories detailed in paragraph 12 to cover expenditures for each major
PROJECT element (preliminary engineering, final design, systems & standards, right-of-way,
Cooperative Agreement No. 21.00.02
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etc.) since July 1, 1990. BART will prepare a monthly report which compares actual
expenditures against the commitments identified in paragraph #12.
In order to expedite the development of Standards and Systems, BART may initially
charge a disproportionate share to fund sources earmarked for the PROJECT. However,
whenever an extension enters final design, the new extension will immediately be charged its
share of the Standards and Systems costs incurred to date and a corresponding amount will be
credited against the specific fund sources earmarked for the PAX extension that actually financed
the Standards and Systems.
The procedures set forth in Exhibit E will apply to the degree that BART requests
AUTHORITY.to finance final design of Systems and Standards. AUTHORITY will pay only
for its proportionate share assuming that other BART extensions included in MTCs Resolution
1876 benefit from the Systems and Standards.
10. PRINCIPLE #10- Expenditures by BART shall be on a reimbursable basis,
with invoices tied to specific expenditures with AUTHORITY possibly proviaing'a one-
mouth advance if appropriate for construction, and depositing directly into escrow where
appropriate for right of way acquisition.
By way of clarification, the procedure f6r AUTHORITY disbursement of funds to BART
is detailed in paragraphs 25(a)and 26 of this AGREEMENT. With respect to funding right-of-
way, the AUTHORITY's bond indenture will prevent deposit of bond proceeds into an escrow
account, unless any interest earned on the escrow account is restricted so that it cannot exceed
the yield on the AUTHORITY's bonds. To the extent.that AUTHORITY, pursuant to a request
from BART, funds right-of-way escrows, BART specifically agrees to comply with such
restrictions on investment yield.
11. PRINCIPLE#11: AUTHORITY and BART endorse the underlying financial
assumptions and principles embodied in MTC Resolution 1876 (New Rail Starts and
Extensions Program) as amended on February 27, 1991, as it applies to Contra Costa
County.
By way of clarification, should additional funds from other sources become available, or
should the already-included fund sources increase, in accordance with footnote 11 of Table 1 of
attachment A to MTC Resolution 1876, amended 2/27/91, the CCTA PROJECT FUNDS
programmed for the PROJECT will decrease with the balance committed as provided in
Principle#1 to the Phase 11 Extension. Principle (paragraph) 13 of this AGREEMENT is also
relevant to this understanding.
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12. PRINCIPLE #12: Assuming that all of the revenue sources that Resolution
1876 envisaged become available, over the life of the Measure C program the range in
project costs to reach Bailey Road will be:
Phase 1-to Bailey Road
Range of Funding_ff&mlated $ millions)
AUTHORITY tAimate
based on BART's
MTC Proposition 116
Fund Source &esolution 1876 gpplication
BART Funds 45.8 44.4
San Mateo (Buy-in& "wash") 97.4 97.4
State TCI "Wash" 37.2 42.7
Tolls 49,8 49.8
TCIlART XIS 62.5 57.1
Prop 108 35.0 35,4 -
Prop 116(x) 35.5 35.5
Measure C 189.5 153.6
Total(b) 552.3 510.7
Range for Measure C: $154 to $194 million.
(a)Resolution 1876 assumes that the full$37 million in Proposition 116 funds
would be earmarked for the Phase I Extension to Bailey Road.
AUTHOR= has committed $35.5 million..
(b) The total project costs both assume $5 million in debt service.
By way of clarification, the figures used in this paragraph are all estimates. It is
anticipated that$70 million of the$97 million shown above as possibly coming from San Mateo
will be received after the PROJECT is completed, a fact which the report contemplated by
paragraph 22(a)hereof shall be allowed to accommodate, such as via a BART commercial paper
program float. The parties acknowledge that the$510.7 million estimate includes, (as BART's
share of the Willow Pass Grade Lowering and Bailey Road Interchange projects), substantially
less costs than currently estimated for completion of the two projects.
13. PRINCIPLE#13: Should the project costs for the Phase I Extension to Bailey
Road exceed those anticipated in Resolution 1876, Measure C would be an appropriate
funding source up to a maximum available of$178M (1988$). Should the project costs be
less than those anticipated in Resolution 1876,Measure C contribution to reach-Bailey Road
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would be adjusted downward to reflect the lesser cost. The balance of Measure C funds
are reserved for the Phase H Extension beyond Bailey Road.
By way of clarification, "reserved" means "will be committed as provided in Principle
14. PRINCIPLE #14: Because of cash flow constraints, AUTHORII`Y is willing
to make an early up front financial commitment disproportionate to its overall share.
However as BART accesses the other sources of funds,specifically the San Mateo "buy in"
funds,the SFO "wash",and TCI, AUTHORITY'S proportionate share will be reduced such
that,at the completion of the Extension to Bailey Road, AUTHORIITY'S expenditure share
would not exceed the range depicted in Principle #12 (above).
15. PRINCIPLE #15: BART acknowledges that all Measure C funds committed
by AUTHORITY and all of the funds committed under Resolution 1876 from other sources
for Contra Costa, shall be used for Contra Costa County, specifically on the East County
Rail Extension.
By way of clarification, this AGREEMENT only concerns the use of Measure C funds
from the East County Rail Extension project category. It does not, for example, concern
funding from the BART Parking project category.
16. PRINCIPLE#16: BART will actively seek commitment and programming of
each of the funding sources included in MTC Resolution 1876, as it applies to Contra Costa
County, and SB1715 (Boatwright) for the East County rail Extension. Funding sources
include (1) BART Reserves, (2) San Mateo "buy in", (3) State TCl/ART XIX funds,
including those "washed" through the San Francisco Airport Extension, (4) Bridge Tolls,
(5)Proposition 108 rail funds. The range of the escalated funds is depicted in Principle#12
(above).
By way of clarification, BART will exercise due diligence to ensure that it complies with
current and future statutes and regulations pertaining to the several fund sources envisaged for
the east Contra Costa extension. It will further exercise due diligence in applying for and
drawing down such funds.
17. PRINCIPLE#17:Should a major change in the overall financial plan implicit
in Resolution 1876 occur, then AUTHORITY and BART will jointly determine the phasing
and timing of the East County BART rail Extension.
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18. PRINCIPLE #18: BART's debt service for its "commercial paper" program
will qualify as an eligible BART project expenditure for the purposes of the above funding
table.
By way of clarification, since AUTHORITY intends to reimburse BART with bond
proceeds, it will be unable to reimburse for BART'S debt service on its "commercial paper
program." However, AUTHORITY is supportive of BART'S intent to issue short.term debt.
If AUTHORITY reimburses BART with bond proceeds, it will not reimburse BART's debt
service on its commercial paper program because to do so would yield adverse tax consequences.
Anything to the contrary'n the foregoing notwithstanding, the AUTHORITY shall have the right
to fund its obligations hereunder with bond proceeds, sales tax proceeds, or otherwise, provided
that the use of sales tax proceeds for the payment of any obligation hereunder shall not obligate
the AUTHORITY to use sales tax proceeds for any other purpose.
19. PRINCIPLE #19: The Proposition 116 funds will require a joint
BART/Authority application to the CTC, for project spec'ifc costs to be covered.
By way of clarification, the joint application was submitted to the CTC on July.25, 1991.
The AUTHORITY approved BART as the designated recipient of$35.5 million in Proposition
116 funds on March 18, 1992.
20. PRINCIPLE #20: AUT11011ITY and BART will,continue to work with the
CTC to ensure that the full amount of Proposition 108 and 116 bonds, approved by the
voters, are issued by the state.
21. PRINCIPLE#21: BART shall apply for State/Local Partnership funds when
eligible.
By way of clarification, the State Local Partnership funds are those provided by Streets
and Highways Code Section 2600. BART will apply on an annual basis for Partnership funds
and provide a copy of all such applications to AUTHORITY. To the extent that BART receives
Partnership funds for the PROJECT, they will be credited to the PROJECT, in such a manner
that the overall commitment of non-Measure C funds identified in paragraph #12 is not
diminished.
The funds will be credited to a BART capital account specific to the PROJECT. These
funds will be expended as quickly as possible on the PROJECT so as to delay charges to OCTA
PROJECT FUNDS under this AGREEMENT as long as possible. BART will include the capital
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account status in the CPR-200 (Capital Program Report) and the BART Capital Extensions
Program Financial Status Report required under Exhibit B of this AGREEMENT.
22. PRINCIPLE #22: BART will prepare and submit the following reports:
a) BART will prepare and update on a quarterly basis an overall financial plan
for the Phase I Extension. to Bailey Road indicating escalated costs and
sources of funds.
b) BART will prepare and update on a quarterly basis a funding matrix for
upcoming construction contracts, right-of-way acquisition and procurements.
The funding matrix will depict, by,month, the expected drawdown of each
fund source.
c) BART will prepare and update on a quarterly basis a drawdown of proposed
Measure C disbursements by month in accordance with attached EXHIBIT
A. -
The Executive Director will review and comment on these submittals.
By way of clarification, such reports will be prepared -and forwarded to AUTHORITY
at the beginning of each calendar quarter, and will also include the disbursement report cited in
paragraph 9 of this AGREEMENT. BART will also submit, along with the reports cited in this
paragraph, the latest master schedule for the PROJECT showing the current status.
23. PRINCIPLE #23: BART staff will meet on a regular basis, or upon request,
to review AUTHORITY staff comments on the overall progress, design and funding of the
Extension. BART will respond to AUTHORITY staff comments.
24. PRINCIPLE #24: Funds from sale of surplus R-O-W shall be reimbursed to
AUTHORITY or successor agency in the same proportion as they were used for the
purchase.
By way of clarification, if any Measure C funds are used for right-of-way acquisition,
BART will:
a) follow the requirements of state law and the federal Uniform Relocation and Real
Property Acquisition Act as applicable.
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b) transfer net proceeds, after deducting reasonable costs of sale, to AUTHORITY
resulting from the sale of excess lands purchased in whole or in part with Measure C funds, in
the same proportion to the net proceeds as the original contribution of Measure C funds was to
the purchase of the original parcel.
SEC710N II-GENERAL
BART AGREES:
25.(a) Invoices. Wgrts. To provide monthly invoices and progress reports consistent
with Exhibit B including the summary of expenditures to date.
25.(b) Management. To provide management of consultant and contractor activities
including evaluation of proposals/bids, award of contracts, and to assume responsibility for
schedule, budget, and oversight of the services.
25.(c) OCTA construction sign. If any Measure C funds are to be used for construction,
to install a sign that identifies Measure C and AUTHORITY as a funding source, consistent with
hit C to this AGREEMENT, no later than 30 days after commencement of the construction.
The rail extension to North Concord and Eastern Contra Costa County represents the
largest single line item in the Measure C Expenditure Plan. In order to ensure that taxpayers
are made aware that the BART extension projects are being made possible by substantial
contribution of Measure C funds, BART agrees to the following:
If commemorative plaques are installed at the North Concord and/or Bailey Road BART
stations, they shall include an acknowledgement that the extension was funded in part by Contra.
Costa one-half percent sales taxes from Measure C, and the Authority's logo and name shall also
be displayed on the plaques(s).
The AUTHORITY's name and logo and mention of Measure C shall be included in those
written materials intended for public and press use (including posters, invitations, brochures,
press packets, etc.) produced in connection with public relations events, groundbreaking_
ceremonies and press conferences, specific to the PROJECT.
BART shall consult with the AUTHORITY staff, provide advance notification and
invite representation of one or more of its members and/or staff persons, with respect to all
public relations events, ceremonies and scheduled press conferences and public briefings
pertaining to BART projects funded in whole or in part by the AUTHORITY.
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25.(d) Consultant contracts. Upon request, to provide copies to AUTHORITY of all
executed contracts between BART and consultants, contractors or vendors involved in the
PROJECT.
25.(e) Responsibility. In recognition of the commitment of the initial $120 million in
Measure C funds, to assume responsibility for securing financing, designing and constructing
the PROJECT.
25.(f) Records:. To retain during the term of this AGREEMENT and for a period of
three (3) years following the later of the last disbursement by AUTHORITY pursuant to this
AGREEMENT or completion of the PROJECT funded under this AGREEMENT, all books and
records related to expenses for which reimbursement has been requested, and to make such
records available for review, audit and copying by AUTHORITY and its authorized
representatives and agents, upon reasonable notice given by AUTHORITY to BART and at
reasonable times and places during the term of this AGREEMENT and during the period of such
record retention.
AUTHORITY AGREES:
26. Reimbursement: To reimburse BART consistent with the procedures detailed in
Exhibit D (Method of Payment).
27. Audit: To provide timely notice if an audit is to be performed pursuant to
paragraph 25 (f) hereof. .
28. Policies: AUTHORITY'S policies do not apply to the scope, schedule, budget or
other aspects of the PROJECT.
IT IS MUTUALLY AGREED:
29. Term: This AGREEMENT shall remain in effect until discharged as provided
in paragraph 30 of this AGREEMENT.
30, Disch e: This AGREEMENT shall be subject to discharge as follows:
a)This AGREEMENT may be terminated for material breach of any obligation,covenant
or condition hereof, upon notice to the breaching party. The breaching party shall have 30 days
from the date of the notice to initiate steps to cure; however, if steps to cure are not initiated
within 30 days then the contract will be terminated. If the breaching party diligently pursues
cure, such party shall be allowed a reasonable time to cure, not to exceed 90 days from the date
Cooperative Agreement No. 21.00.02
Page 14 of 17
5-18-92
of the initial notice. If the breach is cured within the cure period, the AGREEMENT shall not
terminate. During the cure period the parties shall meet to attempt to resolve.the dispute,
without termination of the AGREEMENT. Termination shall not affect such rights, if any, as
the parties may have under the Contra Costa Transportation Improvement and Growth
Management Program.
b) By mutual consent of both parties, this AGREEMENT may be terminated at any time.
31. Indemni It is mutually understood and agreed, relative to the mutual
indemnification of AUTHORITY and BART:
a) That neither AUTHORITY, nor any officer or employee thereof, shall be
responsible for any damage or liability occurring by reason of anything done or omitted to be
done by BART under or in connection with any work, authority or jurisdiction delegated to
BART under this AGREEMENT. It is also understood and agreed that,pursuant to Government
Code Section 895.43. BART shall fully indemnify and hold AUTHORITY harmless from any
liability imposed for injury as defined by Government Code Section 810.8 occurring by reason
of anything done or omitted to be done by BART under this AGREEMENT or fi connection
with any work, authority, or jurisdiction delegated to BART under this AGREEMENT.
b) That neither BART nor any officer or employee thereof, shall be responsible for
any damage or liability occurring by reason of anything done or omitted to be done by
AUTHORITY under or in connection with any work, authority or jurisdiction delegated to
AUTHORITY under this AGREEMENT. It is also understood and agreed that, pursuant to
Government Code Section 895.4, AUTHORITY shall fully indemnify and hold BART harmless
from any liability imposed for injury as defined by Government Code Section 810.8 occurring
by reason of anything done or-omitted to be done by AUTHORITY under this AGREEMENT
or in connection with any work, authority, or jurisdiction delegated to AUTHORITY under this
AGREEMENT.
32. 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 service, or by
certified or registered mail, return receipt requested, to the addresses set forth below, or to such
addresses which may be specified in writing to the parties hereto.
Frank J. Wilson Robert K. McCleary
General Manager Executive Director
Bay Area Rapid Transit District Contra Costa Transportation
800 Madison Street Authority
P.O Box 12688 1340 Treat Blvd., Suite 150
Oaldand, CA 94604-2688 Walnut Creek, CA 94596
Cooperative Agreement No. 21.00.02
Page 15 of 17
5-18-92
33. Additional Acts and Documents: Each party agrees to do all such things and take
all such actions, and to make, execute and deliver such other documents and instruments, as
shall be reasonably requested to carry out the provisions, intent and purpose of this
AGREEMENT.
34. Integration: This AGREEMENT represents the entire agreement of the parties
with respect to the matters covered hereby. No representations, warranties, inducements or oral
agreements have been made by any of the parties except as expressly set forth herein, or in other
contemporaneous written agreements.
35. Amendment: This AGREEMENT may not be changed, modified or rescinded
except in writing, signed by all parties hereto, and any attempt at oral modification of this
AGREENU24 T shall be void and of no effect.
36. Independent Agency: BART renders its services under this AGREEMENT as an
independent agency. None of the BART agents or employees shall be agents or employees of
AUTHORITY.
37. Assi nment: This AGREEMENT may not be assigned,transferred, hypothecated,
or pledged by any party without the express written consent of the other party.
The foregoing notwithstanding, BART may assign, pledge, hypothecate or otherwise
encumber, as security for a commercial paper program or other form of borrowing, amounts
receivable by BART under this AGREEMENT in reimbursement for expenditures made by
BART for PROJECT purposes. AUTHORITY will comply with reasonable requests with regard
to perfecting such security. If any such borrowing requires further assurances regarding the
availability of funds to meet AUTHORITY's obligations under this AGREEMENT or otherwise,
AUTHORITY will cooperate therewith if the assurances are consistent with the Indenture for
AUTHORITY's bonded indebtedness, and tax and other applicable laws. In the event that any
rebate liabilities arise because of any investment made by BART of money received from
AUTHORITY, BART agrees to reimburse AUTHORITY for any rebate liabilities.
38. Binding on Successors. Etc.: This AGREEMENT shall be binding upon the
successors, assigns and transferees of AUTHORITY or BART as the case may be. This
provision shall not be construed as an authorization to assign, transfer, hypothecate or pledge
this AGREEMENT other than as provided above.
39. Severability: Should any part of this AGREEMENT be declared unconstitutional,
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 excised portion, be
reasonably interpreted to give effect to the intentions of the parties. Time is of the essence
Cooperative Agreement No. 21.00.02
Page 16 of 17
5-18-92
under this AGREEMENT.
40. No diminution of rights. This AGREFIVIENT does not diminish either party's
rights under applicable law.
41. Incorporation of Exhibits: The Exhibits attached hereto are incorporated in this
AGREEMENT by this reference:
Exhibit A Project Drawdown Schedule
Exhibit B Monthly Invoice and Progress Report
Exhibit C Measure C Project Sign
Exhibit D Method of Payment
Exhibit E Method of Payment for Final Design Costs of Systems and Standards
Attachment#1 Cost Allocation for Willow Pass Grade Project
Attachment#2 Cost Allocation for Bailey Road Project(yet-to-be-developed as of 5/20/92)
42. Choice of Law: This AGREEMENT shall be construed in accordance with and
governed by the Iaws of the State of California. -
43. Valid AGREEMENT: Each party represents and warrants to the other party that
it is duly organized and validly existing, that it has full power and authority to enter into and
perform this AGREEMENT, that this AGREEMENT has been duly authorized, executed and
delivered by it and is legal, valid and binding on it and enforceable in accordance with its terms
against it and that this AGREEMENT does not violate any agreement, law or regulation by
which it is bound or require the consent of anyone else. ,
SAN=WO BAY AREA CONTRA COSTA
RAPTf ANSPORTATION A OR=
by. C r, .✓ ,� A
Frank n /Bv�iyw4tun
Gene ager Chair
ATTEST: ATTEST:
by: by:
p�3 f r:c f Secrthar Robert K. McOjeary
Executive Director
APPROVED as to legal form: APPROVED as to legal form:
%by: by:
Legal Counsel Legal Ccknsel V
Cooperative Agreement No. 21.00.02
Page 17 of 17
5-18-92
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COOPERATIVE AGREEMENT BETWEEN
THE CONTRA COSTA TRANSPORTATION AUTHORITY AND THE
SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT
Cooperative Agreement No. 21.00.02
Exhibit B
Monthly Invoice and Progress Report
On or before the twentieth day of each month, BART will provide to the AUTHORITY a
narrative progress report along with the following reports:
(A) BART CAPITAL EXTENSIONS PROGRAM FINANCIAL STATUS REPORT
(To include a summary of Measure C expenditures under this AGREEMENT by project
components described in Paragraph 9. This report will show the total reimbursements
for the period, and to date.)
(B) BART FINANCIAL MANAGEMENT SYSTEM CFR 200(Capital Program Report)
(Portions Showing activities funded by CCTA funds.)
(C) BART EXTENSIONS PROGRAM - BATC BILLING EDIT REPORT - SYNERGY
BILL EDIT
(Portions covering contracts funded by CCTA funds).
(D) The following information for payments reimbursed with Measure C as contained in
report B (above);
(a) BART internal tracking number
(b) Name of vendorlconsultanticontractor
(c) Description of services performed or product delivered
(d) Total amount of payments
(e) Total amount paid by BART
(f) Percent reimbursed by Measure C
(g) Amount reimbursed by Measure C
Cooperative Agreement No. 21.00.02
Exhibit B
Page 1 of 1
5-18-92 DRAFT
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COOPERATIVE AGREEMENT BETWEEN
THE CONTRA. COSTA TRANSPORTATION AUTHORITY AND THE
SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT
Cooperative Agreement No. 21.00.02
Exhibit D
Method of Payment
(A) Should the AUTHORITY choose to reimburse with bond proceeds, the following
procedures will be followed:
1. The AUTHORITY will maintain a separate sub-account within the California Arbitrage
Management Program (hereinafter "CAMP") designated for the PROJECT (hereinafter
"CAMP BART F)ind"). The CAMP BART Fund will be funded with bond proceeds
transferred by the AUTHORITY from its Construction Fund within CAMP. The amount
transferred to the CAMP BART Fund at any time will be mutually agreed by BART and
the AUTHORITY, and will be adjusted pdriodically depending on the cash flow
requirements of the PROJECT, the overall cash flow implicit in the AUTHORITY'S
Strategic Plan, paragraph 5 of Section I of this AGRIE DENT, and CCTA PROJECT
FUNDS available in the BART ]End described under section (B), below.
2. BART will make payments to vendors, contractors and consultants, and for staff support,
consistent with the terms of this AGREEMENT.
3. Prior to the twentieth day of the month, BART will request in writing an amount to be
transferred to the CAMP BART F)imd in the immediately following month. The request
will include a summary of the withdrawals from the CAW BART Fund in the
immediately preceding month,consistent with Exhibit B to this Cooperative Agreement.
The request will identify any funds *em ininQ in the CAMP BART Fund at the close
of the immediately prior month. By the fust Monday of every month, the AUTHORITY
will transfer from its Construction Fund within CAMP to the CAMP BART Fund an
amount based upon the drawdown schedule fimushed pursuant to paragraph 22(c)of this
AGREEMENT, and BART's written request, after deducting any funds remaining in the
CAMP BART Fund at the close of a particular month as well as any ineligible
reimbursements from the CAMP BART Fund.
4. The General Manager of BART or his/her designee(s), together with the Controller-
Treasurer of BART or histher designee(s) will be authorized by the Executive Director
of the AUTHORITY to make three monthly withdrawals, from the CAMP BART Fund.
The requests shall contain the information specified in paragraph 5 of this Exhibit D and
may be transmitted by Facsimile, a copy of which shall also be transmitted to the
Cooperative Agreement 21.00.02
Exhibit D, Page 1 of 3
5-18-92
• AUTHORITY. Funds will be made available by CAMP to BART through a wire
transfer effective the same day or within one working day following the request. All
withdrawals from the CAMP BART Fund are for the sole purpose of reimbursement to
BART for project expenses or payment to BART for project expenses then due and
payable for which BART will issue checks to a third party before or the same day of the
withdrawal including right-of-way escrows as provided in paragraph 10 of this
AGREEMENT. Any funds withdrawn from the CAMP by BART for PROJECT-related
expenses prior to the same day BART issues checks for PROJECT relayed expenses
creates a situation which is a potential conflict of federal arbitrage rules, and if such
circumstances occur the AUTHORITY may consider termination of the AGREEMENT
pursuant to paragraph 30, Section H of this AGREEMENT.
5. The request for withdrawal from the CAMP BART Fund shall state(i) the item number
of such payment; (ii) the 4respective amounts to be paid; (iii) the purpose by general
classification for which each obligation to be paid was incurred (for example: design,
right-of-way acquisition, construction, etc.); (m) that obligations in the stated amounts
have been incurred by BART and are paid or presently due and payable and that each
item thereof is a proper charge against the CAMP BART Fund and has not been
previously paid from said fund; and (v}that there has not been filled with or served upon
BART notice of any lien, right to lien or attachment upon, or claim affecting the right
to receive payment of, any of the amounts payable to any of the persons named in such
requisition, which has not been released or will not be released simultaneously with the
payment of such obligation, other than materialmen's or mechanic's liens accruing by
mere operation of law.
(B)Should the AUTHORITY choose to reimburse with sales tax revenues rather than bond
proceeds, the following procedures will be followed:
1. BART will maintain a separate account to be funded with CCTA PROJECT FUNDS
designated for the PROJECT (hereinafter "BART Fund"). The BART Fund will be
funded with sales tax revenues transferred by the AUTHORITY The amount transferred
to the BART Fund at any time will be mutually agreed by BART and the AUTHORITY,
and will be adjusted periodically depending on the cash flow requirements of the .
PROJECT, the overall cash flow implicit in the AUTHORITY'S Strategic Plan,
paragraph 5 of Section I of this AGREEMENT, and CCTA PROJECT FUNDS available
in the CAMP BART Fund described under section (A), above.
2 BART will make payments to vendors, contractors and consultants, and for staff support
from the BART Find, consistent with the terms of this AGREEMENT.
3. Prior to the twentieth day of the month, BART will request in writing an amount to be
transferred to the BART Fund in the immediately following month. The request will
include a summary of the expenditures made in the immediately preceding month,
consistent with Exhibit B to this Cooperative Agreement. The request will identify any
funds remaining in the BART Fund at the close of the immediately prior month. By the
Cooperative Agreement 21.00.02
Exhibit D, Page 2 of 3
5-18-92
first Monday of eve month the AUTHORITY will transf n!amount based upon the
drawdown schedule.furnished pursuant to.paragraph 22(c) or this AGREEMENT, and
BART's written request, after deducting any funds remaining in the BART Fund at the
close of a particular month as well as any ineligible reimbursements from the BART
Fund.
4. Reimbursements under this Exhibit are cumulative. The AUTHORITY reserves the right
to fund either the CAMP BART Fund or the BART Fund and to direct that certain
reimbursements be made from either the CAMP BART Fl and or the BART Fund.
Cooperative Agreement 21.00.02
Exhibit D, Page 3 of 3
S-18-92
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COOPERATIVE AGREEMEN), BETWEEN
THE CONTRA COSTA TRANSPORTATION AUTHORITY AND THE
SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT
Cooperative Agreement No. 21.00.02
Exhibit E
Method of Reimbursement for Final Design costs of Systems & Standards
1. At the time each item of cost for final design of system wide Systems and Standards is
incurred by BART, each of the extension projects (Dublin-Pleasanton(DPX),Pittsburg-Antioch
(PAX), Colma (CSX), Warm Springs (WSX), and San Francisco Airport (SFX): the
"Extensions") then in active final design will be allocated a Fixed Percentage share of such cost.
The share so allocated to the PROJECT is an eligible part of the engineering component
referenced in Paragraph #9 of this Cooperative Agreement.
2. The Fixed Percentages will be determined prospectively when each Extension commences
final design and will be calculated by dividing the estimated total cost of final design for each
Extension by the estimated total cost of final design for the Extensions then in final design. As
the effective date of this AGREEMENT the Fixed Percentages are calculated for DPX, PAX,
CSX, and WSX based on a total final design cost of$86,180,000 and estimated design costs of
$32,074,000 for DPX, $21,306,000 for PAX, $7,000,000 for CSX, $25, 800,000 for WSX.
Accordingly, the Fixed Percentages to date are as follows:
DPX PAX CSX WSX
From Inception of 60.09% 39.91% - -
Final Design
From 8/1/91 53.13% 35.28% 11.59% -
Start WSX Final Design 37.22% . 24.72% 8.12% 29.94%
3. Following the initiation of final design for the Warm Springs (WSX) and San Francisco
Airport (SFX) extensions, BART will charge an eligible funding source for WSX or SFX and
allocate an equal "credit" to PAX. The credit is defined as the dollar difference between the
PAX proportionate share of expenditures to date for final design of Systems & Standards
determined after including the latest extension to enter final design, versus the determination
made excluding the latest extension. For SFX, final design estimates will be made following
adoption of an environmental document.
Cooperative Agreement 21.00.02
Exhibit E
Page 1 of 2
5-18-92
4. With respect to the CSX extension, as soon as funds are paid to BART in accordance
with Paragraph #6 below, BART will credit the PAX extension with a funding amount which
represents the excess of charges allocated to the extension at the higher percent share prior to
8/1/91 versus the reduced share. The funds credited will be to a BART account specific to PAX
and designated for the categories of PROJECT expense in Paragraph #9 of this Cooperative
Agreement.
5. When the WSX project has an approved environmental document and as soon as BART
receives San Mateo "Buy-in" or "Wash" funds for WSX per the terms of the Comprehensive
Agreement Pertaining to BART System Extension, dated February 28, 1990, BART will credit
the PAX extension with a funding amount which represents the excess of charges allocated to
the extension at the higher percentage share prior to start of Final Design versus the reduced
share. The funds credited will be to.a BART capital account specific to PAX and designated
for the categories of PROJECT expense in paragraph #9 of this Cooperative Agreement.
6. With respect to the SFX/CSX extensions, BART will determine that the extensions'
proportionate share of the development costs of Standards and Systems is a legitimate project
cost under the terms of the Comprehensive Agreement pertaining to BART System Extension,
dated February 28, 1990.
Pursuant to Section IV(C) of the above-referenced Comprehensive Agreement, BART
will either(1)seek state reimbursement through state Proposition 108 funds already programmed
for the SFO/CSX extension, or(2) seek MTC concurrence that the costs should be borne by the
West Bay bridge toll reserves or San Mateo sales tax revenues.
7. The funds in the capital accounts set up by these actions will be expended as quickly
as possible so as to delay charges to CCTA PROJECT FUNDS under this AGREEMENT as
long as possible. BART will include the capital accounts status in the CPR-200 and the
BART Capital Extensions Program Monthly Financial Report required under Exhibit B to
this AGREEMENT.
Cooperative Agreement 21.00.02
Exhibit E
Page 2of2
5-18-92
CO PERATiVE AGREEMENT BETWEI.N
THE CONTRA. COSTA TRANSPORTATION AUTHORITY AND
SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT
Cooperative Agreement 21.00.02
ATTACIiMENT 1
,Cost Allocation for Willow Pass Project
THIS ATTACBAIIEENT 1 is contemplated by paragraph 7 of, and hereby is made a part of,
Cooperative Agreement 21.00.02 and together they are referred to as the AGREEMENT. The
capitalized terms used herein have the meanings set forth in this Cooperative Agreement
21.00.02 unless otherwise provided herein. This ATTACHMENT 1 sets forth the cost
allocation from Measure C and other sources.
A. This ATTACHMENT 1 sets forth the relative shares of the cost of the Willow
Pass Grade Lowering Project as described in Recital 1 of Cooperative Agreement 90.14.01, (the
"Caltrans Cooperative Agreement", between the State of California("Caltrans"), AUTHORITY
and BART), as the PROJECT(hereinafter the"WILLOW PASS PROJECT") to be borne by the
Rail Extension project account described in paragraph 2(a) below (hereinafter "BART
EXTENSION FUNDS") and the fund sources described in paragraphs 2(b) through 2(e) of this
ATTACHMENT 1, (hereinafter "HIGHWAY FUNDS".)
B. The Contra Costa Transportation Improvement and Growth Management Program
(hereinafter "MEASURE C") sets aside$178 million (1988 dollars) for the rail extension from
Concord to Eastern Contra Costa. AUTHORITY and BART have entered into Cooperative
Agreements relative to the BART rail extension, including Cooperative Agreement 21.00.01
which provided $14.4 million for final design, and this AGREEMENT which establishes the
framework for the AUTHORTTY's commitment of $178 million (1988 dollars) to the East
County rail project. Cooperative Agreement 21.00.01 is subsumed within this Agreement
21.00.02. The Caltrans Cooperative Agreement provides for construction of the WILLOW
PASS PROJECT.
C. MEASURE C sets aside$80.million(1988 dollars) for highway projects eligible
under the Route 4 (east) category. The WILLOW PASS PROJECT as defined in the Caltrans
Cooperative Agreement is specifically mentioned in MEASURE C, and hence is an eligible
project to receive MEASURE C sales tax funds.
D. Since the highway widening with median for BART, and the resulting grade
reduction incorporated in the YM.LOW PASS PROJECT are necessary pre-requisites to the
BART rail expansion to East county, both HIGHWAY FUNDS and BART EXTENSION
FUNDS are appropriate fund sources. Cost sharing guidelines, needed to determine the
appropriate proportion of the WILLOW PASS PROJECT cost that is to be borne by each fund
source, are set forth below:
Cooperative Agreement 21.00.02
Attachment 1
Page 1 of 5
5-2-92
IT IS MUTUALLY AGI 'D
1. The following tasks are necessary for the completion of the WILLOW PASS
PROJECT, and are therefore eligible for funding from the sources identified in paragraph 2 of
this ATTACHMENT 1:
(a) Preparation of Environmental Documentation;
(b) Preliminary and Final Design;
(c) Right-of-way acquisition;
(d) Utility Relocation;
(e) Construction;
(f) Construction Management.
Funds expended since February 8, 1988 through the settlement of all construction claims are
covered by this ATTACHMENT 1. Tasks performed by the County of Contra Costa as the
Route 4 Willow Pass Grade project proponent under the terms of Measure C, are eligible for
funding under this paragraph.
2. The following fund sources are available for the tasks set forth in paragraph 1 of
this ATTACHMENT 1: _
(a) CCTA MEASURE C "Rail Extension from Concord to North Concord and
Eastern Contra Costa" project category;
(b) CCTA MEASURE C "Route 4 (east)" project category;
(c) State highway account funds;
(d) Federal highway demonstration funds;
(e) Mitigation funds from the U.S. Navy.
3. The allocation of costs under this ATTACHMENT 1 is initially based upon the
final engineer's estimate, which is attached hereto as Exhibit 1-A and hereby incorporated into
this ATTACHMENT 1 and made a part hereof by reference. As determined by an analysis of
the individual bid items contained in Exhibit 1-A for WILLOW PASS PROJECT, BART
EXTENSION FUNDS shall bear 40 percent of the cost for tasks described in paragraph 1 of this
ATTACEDAENT 1. The balance of the costs are to be borne by HIGHWAY FUNDS, (60
percent). All WILLOW PASS PROJECT costs shall initially be paid from BART EXTENSION
FUNDS or HIGHWAY FUNDS in accordance with the percentage allocation set forth in this
paragraph.
4. Upon.acceptance of the finally constructed WILLOW PASS PROJECT by
Caltrans, the final percentage allocation between the BART EXTENSION FUNDS and
HIGHWAY FUNDS shall be recalculated using the awarded bid prices and the actual measured
quantities taking into account all approved contract change orders and claims, whose cost
allocation shall be determined in accordance with paragraph 6 below. The recalculation shall
use the same methodology as was used for determining the initial percentage allocations from
the final engineer's estimate, described in paragraph 3 of this ATTACHMENT 1, but in addition
it shall take into account the agreed-upon cost allocation of any approved contract change orders
and claims. All allocations of WILLOW PASS PROJECT costs between the BART
Cooperative Agreement 21.00.02
Attachment 1
Page 2 of 5
5-2-92
• EXTENSION FUNDS an(— ie HIGHWAY FUNDS made in acc ince with paragraph 3 of
this ATTACHMENT 1 will then be finally adjusted to reflect the recalculated percentage shares.
5. Should the AUTHORITY be successful in obtaining State Local Partnership funds
(authorized by Streets and Highways Code Section 2600) for the WILLOW PASS PROJECT,
the "Rail extension from Concord to North Concord and Eastern Contra Costa" project account
within the MEASURE C program will be initially credited withsuch Partnership funds in the
same proportion that the BART EXTENSION FUNDS funded the WILLOW PASS PROJECT,
and finally adjusted as set forth above. For accounting purposes, the credit will be discounted
to equivalent 1988 dollars consistent with paragraph 5 of this Cooperative Agreement 21.00.02.
6. For purposes of determining I the final percentage allocation as set forth in
paragraph 4, above, Contract Change Orders and construction claims (hereinafter "CCO") paid
from AUTHORITY funds shall be allocated between the BART EXTENSION FUNDS and the
HIGHWAY FUNDS in accordance with the following:
(a) The actual measured quantities and resultant costs of each CCO pay item
will be allocated between BART EXTENSION FUNDS and HIGHWAY
FUNDS in the same proportion as the particular pay item was allocated
in Exhibit 1-A, unless the proposed change in the pay item is
attributable to the BART or highway component of the WILLOW PASS
PROJECT in a different proportion from that included in the final
engineer's estimate. If so the latter proportion shall be used.
(b) The actual measured quantities and resultant costs of each CCO pay item
that is new, and-hence not included in'Exhibit 1-A, will be allocated
between BART EXTENSION FUNDS and HIGHWAY FUNDS,using
the methodology of Exhibit 1-A as a guidd.
7. Notwithstanding Article 15 of Section I of the Caltrans Cooperative Agreement,
in order to qualify the BART EXTENSION FUNDS as match for either Proposition 108, 116
or other State Tzansit Assistance, AUTHORITY will, if necessary to validate the match, and to
the degree permitted by its Master Fund Transfer Agreement with Caltrans, disburse the BART
EXTENSION FUND'S share of the WILLOW PASS PROJECT costs to BART for subsequent
payment to Caltrans.
8. Upon a written request from BART, AUTHORITY will pursue, to the extent
provided in Article 1 of Section I of the Caltrans Cooperative Agreement, additional construction
services for the satisfactory completion of the WILLOW PASS PROJECT.
9. Should BART, pursuant to its rights under Article 7 of Section I of the Caltrans
Cooperative Agreement, disapprove a change order that is subsequently implemented by
CALTR.ANS, the AUTHORITY agrees to seek resolution of the matter pursuant to the "invoice
discrepancy procedures" referenced in its Master Fund Transfer Agreement with Caltrans.
10. With respect to the total obligation of funds for the WILLOW PASS PROJECT,
the AUTHORITY will obtain written concurrence from an authorized representative of BART
Cooperative Agreement 21.00.02
Attachment 1
Page 3 of 5
5-2-92
ided. ,uch concurrence shall not
. -. prior to increasing such o(_ation above$66,000;000; provth
be required to the extent that sach increase is funded solely from HIGHWAY FUNDS.
11. In the event that the lowest responsible bid for the WILLOW PASS PROJECT
exceeds the engineer's estimate by more than 5%, AUTHORITY and BART shall agree on a
course of action, before AUTHORITY reaches agreement with STATE.
12. AUTHORITY agrees to provide BART advance written notification, to consult
with, to seek written concurrence, and if time permits to obtain a written response, before
implementation, on all change orders not wholly allocated to HIGHWAY FUNDS,.which:have
an estimated cost of over$50,000, have an estimated schedule impact of over one week or were
generated by a request from any agency, company or person other than the parties to this
AGREEMENT or a Caltrans Department other than Construction, except when necessary for
the safety of motorists and/or pedestrians, or for the protection of property.
13. Upon execution of this ATTACHMENT 1, AUTHORITY will advise BART in
writing of the expenses incurred to date by the AUTHORITY (hereinafter "PRIOR
AUTHORITY EXPENSES")in connection with tasks accomplished pursuant to paragraphs 1(a)
through 1(d) of this ATTACEMENT 1. The PRIOR AUTHORITY EXPENSES will be
apportioned between the HIGHWAY FUNDS and the BART EXTENSION FUNDS in
accordance with the percentage allocations determined in paragraphs 3 and 4 of this
ATTACHMENT 1. The proportion of PRIOR AUTHORITY EXPENSES to be borne by BART
EXTENSION FUNDS will be discounted to 1988 dollars, consistent with paragraph 5 of this
Cooperative Agreement 21.00.02 and deducted from the remaining balance of the CCTA
PROJECT FUNDS defined in paragraph 5 of this Cooperative Agreement 21.00.02. Thereafter,
AUTHORITY will advise BART on a quarterly basis of additional expenses incurred by
AUTHORITY in connection with paragraph 1 of this ATTACHMENT 1. These additional
expenses will be discounted to 1988 dollars and charged to CCTA PROJECT FUNDS consistent
with the procedures described earlier in this paragraph 13.
14. With respect to funds expended by BART pursuant to BART Agreement 04CB-
610, dated February 8, 1988 with the County of Contra Costa, upon termination of that
Agreement, which is to occur no later than September 30, 1992, BART will advise the
AUTHORITY in writing of the funds disbursed by BART under the terms of that Agreement,
(hereinafter "PRIOR BART EXPENSES"). These PRIOR BART EXPENSES will be
apportioned between the HIGHWAY FUNDS and the BART EXTENSION FUNDS in
accordance with the percentage allocations determined in paragraphs 3 and 4 of this
ATTACEMENT 1. The proportion of PRIOR BART EXPENSES to be borne by the
HIGHWAY FUNDS will be discounted to 1988 dollars, consistent with paragraph 5 of this
Cooperative Agreement 21.00.02 and added to the remaining balance of the CCTA PROJECT
FUNDS.
Cooperative Agreement 21.00.02
Attachment 1
Page 4 of 5
5-2-92
15. This ATTACHMENT 1 will terminate upon completion of construction and
settlement of all claims for the WILLOW PASS PROJECT.
SAN FRANCISCO BAY AREA CONTRA COSTA
RAPID SIT DISTRICT TRANSPORTATION AUMORITY
r—�
b by: �
rank J W n Rob K. Mc Cl
Gene er Executive Director
Cooperative Agreement 21.00.02
Attachment 1
Page 5 of 5
5-2-92
EXHIBIT 1-A
Cooperative Agreement No. 21.00.02
Exhibit 1-A of Attachment 1
5-18-92
--------------
Parsons 303 Second Street
Brinckerhoff Suite 700 North
Quade& San Francisco. CA 94107-1317
Douglas,lnc. 415-243.4600
Engineers
Architects Fax:415-243-9501
Planners
May 11, 1992
Contra Costa County
Public Works Department
255 Glacier Drive
Martinez, California 94223-4897
Attention: Mr. Robert V. Faraone
Senior Civil Engineer
Reference: State Route 4 - Willow Pass Grade Lowering
Willow Pass Road (Concord) to Bailey Road
Contra Costa County Project No.4660-6X4110
A _
Subject: Cooperative Agreement Between
The Contra Costa Transportation Authority and the
San Francisco Bay Area Rapid Transit District
Cooperative Agreement 21.00.02
Exhibit 1-A to Attachment 1
Cost Allocation for Willow Pass Project
Dear Mr. Faraone:
Attached is a revised cost breakdown of the construction costs between highway
and BART. Of the total $58,884,000, $35,326,307 is attributed to highway and
$23,557,693 is attibuted to BART_
The cost of all items that can be attributed readily to highway or BART were
assigned directly.
Based on the analysis performed at the 65% submittal,
190101 ROADWAY EXCAVATION
was split 67% to BART and 33% to highway. This can be attributed to the wider
median and flatter grades required for BART. Because they are closely related to
roadway excavation, the following items were arbitrarily split 67% to BART and
33% to highway:
160101 CLEARING AND GRUBBING
180101 BINDER (Dust Palliative)
190191A FURNISH AND INSTALL PIEZOMETER CASING
190191C DRILL HOLE (Piezometer)
203003 STRAW (Erosion Control)
203014 FIBER (Erosion Control)
203040 SEED (Erosion Control)
1.A!. ti u•_.
nr.��Rwarc�vs.
203056 COMMERCIAL FERTILIZER (Erosion Control)
681501 FURNISH AND INSTALL DRAIN PIPE (Horizontal Drain)
681502 DRILL HOLE (Horizontal Drain)
Supplemental Work
066620A SLOPE DEWATERING
153223A REMOVAL OF UNSUITABLE MATERIAL
681605B ADDITIONAL UNDERDRAINS
Retaining walls 5, 6, & 7 along Evora Road and Willow Pass Road were attributed
to highway. All of the other retaining walls would not be required if BART were
not included and were therefore assigned to BART, the following items were
distributed as shown:
BART HWY
192037 STRUCTURE EXCAVATION (Ret Wall) 6,970 CY 300 CY
193013 STRUCTURE BACKFILL (Ret Wall) 9,000 CY 440 CY
193031 PERVIOUS BACKFILL MAT(Ret Wall) 505 CY 5 CY
510108 CLASS A CONCRETE (Ret Wall) 2,870 CY 110 CY
520103 BAR REINFORCING STEEL (Ret Wall) 295,200 LB 6,800 LB
800302 CHAIN LINK FENCE (CL-3, Vinyl-Clad) 1,480 LF 0 LF
800361 CHAIN LINK FENCE (CL-6, Vinyl-Clad) 0 LF 430 LF
The total of the items above is $46,285,407, of which $27,767,292 was for highway
and $18,518,115 is for BART- a ratio of 40% BART to 60% highway. This ratio
was then applied to the following items:
070010 PROGRESS SCHEDULE (Critical Path)
071320 TEMPORARY CHAIN LINK FENCE (Type CL-6)
073006 18"TEMPORARY CULVERT
073006A 18"TEMPORARY STEEL FLARED END SECTION
073008 24"TEMPORARY CULVERT
073008A 24"TEMPORARY STEEL FLARED END SECTION
073011 36"TEMPORARY CULVERT
073011A 36"TEMPORARY STEEL FLARED END SECTION
073013 48"TEMPORARY CULVERT
120090 CONSTRUCTION AREA SIGNS
120100 TRAFFIC CONTROL SYSTEM
120120 TYPE III BARRICADE
120150 TEMPORARY PAVEMENT MARKING '
120161 TEMPORARY TRAFFIC STRIPE
120165 CHANNELIZER (Surface Mounted)
120300 TEMPORARY PAVEMENT MARKER
128201 TEMPORARY DELINEATOR (Class 1)
129000 TEMPORARY RAILING (Type K)
129100 TEMPORARY CRASH CUSHION MODULE
170101 DEVELOP WATER SUPPLY
197040A EARTH RETAINING STRUCTURE (Filter Fabric Wall)
999990 MOBILIZATION 10%
State Furnished Materials .
066105 RESIDENT ENGINEERS OFFICE
The method used for this cost breakdown is the same as the method used at the
65% submittal. Please call if you require additional information regarding this
issue.
Very truly yours,
PARSONS BRINCKERHOFF QUADE & DOUGLAS, INC.
4 1
Robert L. McFarland
Project Manager
cc: Paul Maxwell
Gary LaBonte
attachments: `
PB Logout No.1067
PB File No.3192-375.01
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4-cc-4 19.7/20.8
Bailey Road Interchange
4303-228011
Dist. Agmt. No,. 4-1431-C
Document No- C,C-7-
CCTA Agreement No. 4014.0:. o
COOPERATIVE AGREEMENT
This AGREEMENT, entered into on J_a 14ro is
between the STATE OF CALIFORNIA, acting by and through its De-
partment of Transportation, referred to herein as "STATE",
CONTRA COSTA TRANSPORTATION AUTHORITY
a public entity, referred to herein
as "AUTHORITY" ,
AND
SAN FRANCISCO BAY AREA RAPID TRANSIT
DISTRICT, a public entity, referred tAp-"
herein as "BART" . C140
RECITALS
STATE, AUTHORITY, and BART contemplate jointly
constructing improvements consisting of reconstructing the Bailey
Road Interchange on State Highway Route 4 in the City of
Pittsburg, to provide a median of sufficient width to accommodate
a six lane highway expandable to eight lanes and a BART rail sys-
tem, construction of BART transit facilities up to subballast in
the Route 4 median including station platform and foundations,
and construction of pedestrian improvements and a bicycle path,
all referred to herein as "PROJECT" .
DUPLICATE ORIC-
District Agreement No. 4-1431-C
(2) STATE is authorized to do all acts necessary, con-
venient or proper for the construction or improvement of all
. highways under its jurisdiction, possession, or control. ?
(3 ) The Contra Costa County Transportation Improvement
and Growth Management Ordinance (No. 88-01) which was approved by
the Contra Costa County voters on November 8, 1988, referred to
herein as "MEASURE C", authorized the creation of AUTHORITY and
empowered AUTHORITY to impose a 1/2 percent transactions and use
(sales) tax for a period of 20 years, commencing April 1, 1989,
to finance transportation improvements in Contra Costa County.
AUTHORITY is authorized to fund the design, acquisition .of right
of way for and construction of MEASURE C projects on the State
Highway System.
(4) AUTHORITY is willing to initially bear 100 percent
of the total actual costs of construction of PROJECT. AUTHORITY
will be reimbursed by STATE for a portion of said costs from
State-Local Partnership funds according to the procedures con-
tained in the State-Local Partnership Program. The construction
of PROJECT is not receiving any other State funds, in accordance
with Streets and Highways Code Sec. 2601(b) (3) .
(5) STATE, AUTHORITY, and BART are public agencies au-
thorized under the Streets and Highways Code, Government Code
Section 14529. 11 and Public Utilities Code Sections 28500 et seq.
to enter into an agreement under which STATE will advertise,
award and administer the construction contract and provide con=
struction oversight for PROJECT. STATE and AUTHORITY will pro-
-2-
District Agreement No. 4-1431-C
t
r
vide construction services. AUTHORITY will fund the costs of
construction, contract administration, and construction services
for PROJECT and the costs of right of way and utility protection,
relocation and removal.
(6) As part of a pilot program .STATE and AUTHORITY do
mutually desire to use electronic procedures for monthly billing
and payments for costs incurred for construction and services for
PROJECT. . The terms and requirements of electronic fund transfer
are addressed in a separate Master Agreement for Electronic Fund
Transfer between STATE and AUTHORITY, STATE District Agreement
No. 4-1382-C and AUTHORITY Cooperative Agreement Number 90.00.03,
referred to herein as "MASTER AGREEMENT", and all terms and con-
ditions thereof shall apply except for right of way capital costs
and right of way services costs which are not applicable to
PROJECT.
(7) STATE, AUTHORITY, and BART do mutually desire to
jointly participate in the construction of PROJECT and desire to
specify herein the terms and conditions under which PROJECT is
to be constructed, financed and maintained.
(8) The preliminary and design engineering are ad-
dressed in a separate design Master Agreement between STATE` and
AUTHORITY, STATE District Agreement No. 4-1376-C and. AUTHORITY
Cooperative Agreement Number 90.00.02 .
-3-
District Agreement No. 4-1431-C
i
SECTION I
STATE AGREES:
(1) To provide all labor, materials, tools and equip-
ment for PROJECT including advertising, award, contract adminis-
tration, field office facilities, Resident Engineer, Structures
Representatives, Principal Assistant Resident Engineer, Field Of-
fice Engineer, available Entry Level Engineers, material source
inspection, independent assurance and specialty testing, survey-
ing coordination and other construction services as may be re-
quested by AUTHORITY for satisfactory completion of PROJECT. The
terms in the preceding sentence are as defined in various STATE
manuals, policies and procedures. The services to be provided by
STATE, when combined with resources and work to be provided by
AUTHORITY, are referred to herein as "SERVICES" for the purpose
of determining AUTHORITY' s share of the cost of SERVICES.
(2) At no cost to AUTHORITY or BART, to provide that
portion of SERVICES that are included in STATE' s oversight re-
sponsibility. for construction of PROJECT, including, but not lim-
ited to: District Office Engineer time; a full time Resident
Engineer; Resident Engineer' s Supervisor time; Structures Repre-
sentatives' Supervisor time; Assurance, Specialty and , Source
testing; in accordance with the provisions of STATE' s Policy and
Procedure Memorandum No. P90-01.
(3) To construct PROJECT by contract in accordance with
plans and specifications for STATE Contract Number 04-228014 pre-
-4-
4 District Agreement No. 4-1431-C
pared for AUTHORITY by Contra Costa County' s Consultants, BART
and BART' s consultants and overseen by STATE. AUTHORITY and BART
shall be named as additional indemnitees and, to the extent ap-
plicable, as additional insureds in the construction contract be-
tween STATE and the contractor for PROJECT.
(4) To establish separate PROJECT accounts to accumu-
late charges and credits for all costs to be paid for by AUTHOR-
ITY pursuant to this Agreement.
(5) As construction of PROJECT proceeds, to use proce-
dures, as set forth in the MASTER AGREEMENT, to submit to AUTHOR-
ITY monthly summaries of charges for actual expenditures for
construction and SERVICES.
(6) Thereafter, to prepare and submit two copies of de-
tailed monthly billing statements to AUTHORITY for construction
and SERVICES, as set forth in the MASTER AGREEMENT.
(7) To provide advance written notification, to consult
with, to seek written concurrence and if time permits to obtain a
written response, before implementation, from AUTHORITY on all
change orders, and from BART on all change orders affecting BART
facilities, which either have an estimated cost of over $50,000,
have an estimated schedule impact of over one week, or were gen-
erated by a request from any agency, company or person other than
the parties to this Agreement or a Caltrans Branch other than
Construction, except when necessary for the safety of motorists
and/or pedestrians or for the protection of property. If AUTHOR-.
ITY or BART provides written objection to a change order, AUTHOR-
-5- -
District Agreement No. 4-1431-C
ITY shall have the right to seek resolution pursuant to the
discrepancy provisions of Section III of MASTER AGREEMENT.
(8) To submit to BART for review and obtain written ap-
proval of all design changes and contractor submittals, such as
shop drawings or requests for substitution of materials, affect-
ing BART facilities. Upon completion of construction, to provide
BART with a copy of contractor's record drawings affecting BART
facilities.
(9) To submit to AUTHORITY each month two copies of a
construction progress report which describes the work performed
and completed during the reporting period and gives pertinent
contract data such as change orders issued, cumulative costs of
change orders, progress payments, made (reported in dollars) , and
percentage progress achieved to date, all in accordance with
STATE' s standard accounting practices.
(10) Upon completion of PROJECT and all work incidental
thereto,. to furnish AUTHORITY with two copies of detailed state-
ments of the total actual costs of construction and SERVICES for
PROJECT, including the costs of any contract claims which have
been allowed to the construction contractor. STATE thereafter
shall refund to AUTHORITY (promptly after completion of STATE' s
audit) any amount of AUTHORITY' s payments STATE is holding,- after
actual costs to be borne by AUTHORITY have been deducted, or to
bill AUTHORITY for any additional amount required to complete
AUTHORITY' s financial obligations pursuant to this Agreement.
-6-
District Agreement No. 4-1431-C
(11) Upon presentation of documentation acceptable to
STATE, to accept the additional rights of way acquired for
PROJECT pursuant to Article (1) of Section II, and to own, oper-
ate and maintain all STATE highway facilities as constructed un-
der PROJECT in accordance with the provisions of the freeway
agreements and freeway maintenance agreements presently in effect
or as may be executed or modified hereinafter and make no claim
against AUTHORITY or BART for any portion of such maintenance ex-
pense. STATE shall transfer to BART at no cost to BART, upon ac-
ceptance by STATE of the PROJECT construction contract, the right
of way for BART facilities outside STATE' s and other public enti-
ties right of way, as referenced in Article 2 of Section III .
Maintenance of the bicycle path, pedestrian improvements, traffic
signals, local roads, and BART facilities within STATE right of
way will be covered in separate Maintenance Agreements with the
respective agencies.
(12) To consider AUTHORITY' s payment of the BART share
of the PROJECT, determined in accordance with the provisions of
the Cost Sharing Attachment to Cooperative Agreement No. 21 .00.02
between AUTHORITY and BART, as a portion of the local match for
Proposition 108, 116 or TCI funds for the BART Rail Extension to
West Pittsburg. BART' s eligibility for these funds will be de-
termined in accordance with established California Transportation
Commission policies and procedures and will be addressed in a
separate agreement(s) .
-7-
District Agreement No_ 4-1431-C
( 13) STATE will, insofar as STATE may legally do so,
defend, indemnify and hold free and harmless BART and AUTHORITY
and their respective directors, officers and employees, and each
of them, from any and all claims, demands, suits, loss,` damages,
injury and liability, direct or indirect (including any and all
expenses in connection therewith) alleged to have resulted from
the construction by STATE of STATE facilities as part of PROJECT.
(14) After completion and acceptance of PROJECT, to the
extent it may legally do so, STATE agrees that upon request by
BART or AUTHORITY, and at BART' s or AUTHORITY' s sole cost and ex-
pense, STATE will pursue its legal remedies, if any, against
STATE' s construction contractor with regard to PROJECT.
SECTION II
AUTHORITY AGREES:
(1) To have Contra Costa County acquire all additional
right of way required for PROJECT in accordance with all applica-
ble State and Federal laws and regulations and in full conform-
ance with all STATE right of way procedures and practices, and to:
provide for Contra Costa County to certify, subject to STATE con-
currence, that legal and physical control of right of way has
been acquired, that same is ready for construction, and that all
right of way was acquired in accordance with applicable State and
Federal laws and regulations and in full conformance with all.
STATE right of way procedures and practices.
-8-
District Agreement No. 4-1431-C
1
(2) To provide, at no cost to STATE, qualified support
staff and other resources necessary to supplement STATE resources
to accomplish PROJECT construction, including inspection, materi-
als acceptance sampling and testing, review of contractor submit-
tals, engineering support, and field office staff. Said
resources provided by AUTHORITY must be coordinated by and under
the specific direction of the STATE' s Resident Engineer.
(3) To provide, at no cost to STATE, surveying and
staking services. Said resources provided by Authority must be
coordinated by and under the specific direction of the STATE' s
Resident Engineer.
(4) To bear 100 percent of the actual costs of right of
way and utility protection, relocation and removal costs of
PROJECT estimated to be $14,000,000.
(5) To bear one hundred percent (100%) of the total ac-
tual construction costs of PROJECT, estimated to be $39,700,000,
including the costs of STATE-furnished materials, supplemental
work, change orders, contract claims paid to the construction
contractor, and the costs of STATE' s defense of all
PROJECT-related claims which may be filed by said contractor un-
der Section 9-1.07 of STATE' s Standard Specifications; less any
reimbursement from State-Local Partnership funds. The, actual
construction costs of PROJECT shall be based upon the final quan-
tities which shall be determined after completion of all work and
upon final accounting of costs_
-9-
District Agreement No. 4-1431-C
(5) To bear one hundred percent (1007.) of the actual
costs of SERVICES for PROJECT, estimated to be $3,970,000. Said
costs of SERVICES shall include costs of providing personnel re-
sources, their equipment, and field office facilities and all di-
rect and indirect costs (functional and administrative overhead
assessment) attributable to STATE' s portion of SERVICES applied
in accordance with STATE' s standard accounting procedures, except
those costs which are determined to be included in STATE' S over-
sight responsibility. The actual costs of SERVICES for PROJECT
shall be determined after completion of all work and upon final
accounting of costs.
(7) AUTHORITY' s initial total obligation for the costs
of right of way, utility protection, relocation and removal, con-
struction and SERVICES for PROJECT is $57,670,000. This amount
is subject to increase to cover the costs of utility protection,
relocation and removal as provided in Article (10) of Section IV
of this Agreement. The total obligation may also be increased to
cover costs in excess of the initial estimated total costs of
construction. and SERVICES. The total obligation may also be in-
creased to cover costs of archeological monitoring and recovery
for PROJECT, should any be required. Any increase in total obli-
gation will be subject to the written concurrence of AUTHORITY,
which will be incorporated by reference into this Agreement with-
out the necessity of a written amendment.
-10-
District Agreement No. 4-1431-C
(8) To use procedures, in accordance with the - MASTER
AGREEMENT, to make monthly payments to STATE for actual costs ,
incurred for construction and SERVICES.
(9) To make supplemental payments and payments for SER-
VICES when required, in accordance with the MASTER AGREEMENT.
(10) To pay STATE upon completion of all work and
within 25 working days after receipt of a detailed statement made
upon final accounting of costs therefor, such amount as required
to complete AUTHORITY' s financial obligation pursuant to this
Agreement.
( 11) To provide BART with a copy, upon receipt from
STATE, of the statements and reports to be provided .by STATE in
accordance with Section I .
(12) At no cost to STATE to retain services of original
design ,.consultant and its subcontractors to provide design sup-
port during construction.
SECTION III
BART AGREES•
(1) To provide, at no cost to STATE or AUTHORITY, qual-
ified field representatives and other resources necessary to mon-
itor PROJECT construction for BART facilities, including;
performing independent assurance inspections, testing and re-
views; independent specialty testing; independent off-site source
inspection; independent materials and workmanship acceptance in-
-11-
District Agreement No. 4-1431-C
spection, sampling and testing; design engineering support; and
review of contractor submittals. Said resources provided by BART
must be coordinated by and under the specific direction of the
STATE' s Resident Engineer, subject to the authority of the BART
representative defined in Article (11) of Section IV. BART will
not provide support personnel or other resources to supplement
STATE resources for the daily inspection, sampling, testing and
field office staff .for PROJECT. This article shall in no way di-
minish the responsibility of STATE for the satisfactory. con-
struction of PROJECT_
(2) To. accept the right of way for BART facilities out-
side STATE' s and other public entities' right of way and own, op-
erate and maintain all BART facilities as constructed under
PROJECT in accordance with the provisions of the cooperative
agreements and maintenance agreements presently in effect or as
may be executed or modified hereinafter and make no claim against
AUTHORITY or STATE for any portion of such maintenance expense.
Acceptance of said rights of way by BART is subject to a review
of a Policy. of Title Insurance in BART' s name to be provided and
paid for by AUTHORITY.
(3) At no cost to STATE to retain services of original
design consultant and its subcontractors to provide design sup-
port during construction.
-12-
` District Agreement No. 4-1431-C
SECTION IV
IT IS MUTUALLY AGREED AS FOLLOWS:
(1) All obligations of STATE under the terms of this
Agreement are subject to the appropriation of resources by the
Legislature and the allocation of resources by the California
Transportation Commission.
(2) All obligations of AUTHORITY under the terms of
this Agreement are limited as provided in the Contra Costa. Trans-
portation Improvement and Growth Management Expenditure Plan,
dated August 3, 1988, and are subject , to the availability of
funds in the annual budget of the AUTHORITY pursuant to Public
Utilities Code Sections 180105 and 180108. All obligations of
AUTHORITY under the terms of this Agreement are expressly subject
to AUTHORITY' s continued authorization to collect and expend the
sales tax provided by. MEASURE C. If for any reason AUTHORITY' s
right to collect or expend such sales tax is terminated or sus-
pended in whole or in part, AUTHORITY shall promptly notify STATE
and BART. STATE, BART, and AUTHORITY shall consult on a course
of action. If, after twenty five (25) working days, a course of
action is not agreed upon between STATE and AUTHORITY, this
Agreement shall be deemed to be terminated by joint consent pur- L
suant to Article (8) of this Section IV; provided that any fur-
ther obligation from the date of notice shall be expressly
limited by and subject to (i) the lawful ability of AUTHORITY to
expend sales tax proceeds for the purposes of this Agreement; and
-13-
C.
District Agreement No. 4-1431-C
(ii ) the availability of funds for such purposes, taking into
consideration all the obligations of AUTHORITY under all out-
. standing contracts, agreements and other obligations of AUTHOR-
ITY.
(3) Should any portion of PROJECT be financed with Fed-
eral funds or State funds, all applicable laws, rules and poli-
cies relating to the use of such funds shall apply
notwithstanding other provisions of this Agreement.
(4) STATE' s goals for utilization of Minority and Wom-
en' s Business Enterprise (MBE and WBE) will be included in the
construction contract. The contract goals will be based on a
technical analysis of contract items and certified MBE/WBE sub-
contractors in the area. STATE will award PROJECT to the lowest
responsible bidder who meets the goals or who made, in the sole
judgement of STATE, a good faith effort to do so.
(5) STATE shall not advertise for bids to,construct .
PROJECT until this Agreement is executed by all parties thereto.
Unless State-Local Partnership funding is in jeopardy of being
lost, STATE shall also not advertise for bids to construct
PROJECT until AUTHORITY delivers to STATE control and/or pos-
session to rights of way, free and clear of all encumbrances det-
rimental to STATE' s present and future uses at the tame of
certification of rights of way ready for construction. Accept-
ance of said rights of way by STATE is subject to a review of a
Policy of Title Insurance in STATE' s name to be provided and paid
for by AUTHORITY.
-14-
a
District Agreement No. 4-1431-C
(6) If, after opening bids for PROJECT, it i-s found
that the lowest responsible bid does not exceed the Engineer' s
Estimate by more than 5% of the estimate, STATE may award the
contract.
(7) If upon opening of bids for PROJECT, it is found
that the lowest responsible bid exceeds the Engineer' s Estimate
by more than 5% of the estimate, STATE, AUTHORITY, and BART shall
consult upon a course of action. If, after twenty five (25)
working days, a course of action is not agreed upon between
STATE and AUTHORITY, this Agreement shall be deemed to be termi-
nated by joint consent and the parties will proceed pursuant to
Article (8) of this Section IV.
(8) If termination of this Agreement is by joint con-
sent, AUTHORITY will bear one hundred percent (100%) of all
PROJECT-related costs incurred by STATE pursuant to this Agree-
ment, to the date of termination and as provided in Article (9)
of this Section IV.
(9) After award of the construction contract for
PROJECT, should AUTHORITY, after a request by STATE, not author-
ize funding beyond the amounts stated respectively in Articles .
(4) , (5) , and (6) of Section II, STATE shall insure that all op-
erating roadways are in a safe and satisfactory permanent operat-
ing condition and then shall cease work on PROJECT. Additional
costs incurred in accordance with this article in excess of pay-
ments made will be billed and subject to payment by AUTHORITY.
-15-
District Agreement No. 4-1431-C
( 10) If, during PROJECT construction, any unforseen
conflict with existing public and/or private utilities occur, or
there is a significant change required in any approved utility
relocation plan, then the provisions of STATE' s Standard Specifi-
cations, Section 8-1. 10 (Utilities and Non--Highway Facilities)
shall apply. AUTHORITY will bear one hundred percent (100%) of
costs of protection, relocation and removal of said utilities.
(11) In the construction of PROJECT, AUTHORITY and BART
may, at no cost to STATE, each furnish a field representative, if
they so desire. Said representative(s) and STATE' s Resident En-
gineer will cooperate and consult with each other, but the deci-
sions of STATE' s Resident Engineer shall prevail as final,
binding and conclusive in all matters concerning the PROJECT con-
struction contract. The BART field representative, working
through the STATE' s Resident Engineer, shall have the authority
to request cessation of the contractor' s operation on BART facil-
ities, wholly or in part, to approve or disapprove workmanship or
materials on BART facilities, or to suggest other appropriate
action when work on BART facilities is substandard or does not
comply with contract provisions. Only the STATE' s Resident Engi-
neer shall have the authority to suspend the contractor' s work.
( 12) Upon completion of construction of PROJECT, . STATE
will consult with AUTHORITY and BART before final acceptance of
the completed PROJECT.
District Agreement No. 4-1431-C
(13) STATE' s construction contract claims process will
be used in consultation with AUTHORITY and BART. AUTHORITY and
BART will abide by the outcome of STATE' s claims process.
(14) Upon completion of all work under this Agreement,
ownership and title to materials, equipment and appurtenances in-
stalled within STATE' s right of way will automatically be vested
in STATE, except that ownership and title to materials, equipment
and appurtenances for BART facilities installed within STATE' s
right of way will automatically be vested in BART, and materials,
equipment and appurtenances installed outside of STATE' s right of
way will be vested in BART or the appropriate public entity ac-
cording to the jurisdiction in which these materials, equipment
and appurtenances are located.
(15) Upon completion and acceptance of the PROJECT con-
struction contract by STATE, STATE will accept control of and
maintain, at its own cost and expense, those portions of PROJECT
lying within STATE' s right of way, except local roads, signals,
bicycle path and pedestrian improvements, delegated to the appro-
priate public entity and BART facilities delegated to BART for
maintenance.
(16) Maintenance of those portions of PROJECT lying
outside STATE' s and BART' s right of way and local roads, sagnals,
bicycle path and pedestrian improvements within STATE' s right of
way delegated to another public entity for maintenance will be
addressed in separate maintenance agreements between STATE and/or-
other respective involved public entities.
-17-
District Agreement No. 4-1431-C
a
(17) BART will accept control of and maintain, at
BART' s expense, BART facilities within BART' s and STATE' s right
of way. BART' s use of STATE' s right of way will be addressed in
a separate agreement between STATE and BART.
(18) BART will not begin revenue service within STATE' s
right of way until the separate right of way and maintenance
agreements have been executed.
(19) Pursuant to Government Code Section 895 . 4, STATE
shall fully indemnify and hold AUTHORITY and BART and their re-
spective directors, officers and employees, harmless from any li-
ability imposed for injury (as defined by Government Code Section
810.8) occurring by reason of anything done or omitted to be done_
by STATE under or in connection with any work, authority or ju-
risdiction delegated to STATE under this Agreement. Neither AU-
THORITY, BART, nor any director, officer or employee thereof,
shall be responsible for any damage or liability occurring by
reason of anything done or omitted to be done by STATE under or
in connection with any work, authority or jurisdiction delegated
to STATE under this Agreement.
(20) Pursuant to Government Code Section 895.4,. AUTHOR-
ITY shall fully indemnify and hold STATE and BART and their re-
spective directors, officers and employees, harmless from any
liability imposed for injury (as defined by Government Code Sec-
tion 810.8) occurring by reason of anything done or omitted to be
done by AUTHORITY under or in connection with any work, authority
or jurisdiction delegated to AUTHORITY under this Agreement.
-18- -
District Agreement No. 4-1431-C
Neither STATE, BART, nor any director, officer or employee
thereof, shall be responsible for any damage or liability. occur-
ring by reason of anything done or omitted to be done by , AUTHOR-
ITY under or in connection with any work, authority or
jurisdiction delegated to AUTHORITY under this Agreement.
(21) Pursuant to Government Code Section 895.4, BART
shall fully indemnify and hold STATE and AUTHORITY and their re-
spective directors, officers and employees, harmless from any li-
ability imposed for injury (as defined by Government Code Section
810.8) occurring by reason of anything done or omitted to be done
by BART under or in connection with any work, authority or juris-
diction delegated to BART under this Agreement. Neither STATE,
AUTHORITY, nor any director, officer or employee thereof,. shall
be responsible for any damage or liability occurring by reason of
anything done or omitted to be done by BART under or in con-
nection with any work, authority or jurisdiction delegated to
BART under this Agreement.
(22) Except as expressly provided herein no alteration
or variation. of the terms of this Agreement shall be valid unless
made in writing and signed by the parties hereto and no oral
understanding or agreement not incorporated herein shall be bind-
ing on any of the parties hereto. ,
-19- .
District Agreement No. 4-1431-C
(23) The parties hereto recognize and agree that sepa-
rate counterpart signature pages may be used but that all such
pages shall constitute one and the same Agreement.
STATE OF CALIFORNIA CONTRA COSTA TRANSPORTATION
Department of Transportation AUTHORITY
JAMES W. VAN LOBEN SELS
Director of Transportation
By
Chairpers n
B
H. J G
Depulty Dist is Director
Attest:
t I McClea ,
APPROVED AS TO FORM AND PROCEDURE Executive ect r
-� APPq3
ROVED AS TO FORM AND
CEDURE
ATTORN Y
Department of Transportation
Lr'J
CERTIFIED AS TO FUNDS AND PROCEDURE S an Tayl 3 r, A t o r n e y
I certify that funds have been
budgeted for the period and the
District Accountin A inistrator purpose of payment to STATE
stipulated in the above Agreement
ecutive irector
-20-
District Agreement No. 4-1431-C
(23) The parties hereto recognize and agree that separate
counterpart signature pages may be used but that all such pages
shall constitute one and the same Agreement.
STATE OF CALIFORNIA SAN FRANCISCO BAY AREA RAPID
Department of Transportation TRANSIT DISTRICT
JAMES W. VAN LOBEN SELS
Director of Transportation
Gene eager
DeAA H' ZAMRLING
' D(��ict Direc,16/0r Attest:
APPROVED AS TO FORM AND PROCEDURE
APPROVED AS TO FORM AND
PROCEDURE
ATTORNEY
Department of Transportation
CERTIFIED AS TO FUNDS AND PROCEDURE AW6rney San Francisco Bay
A Rapid Transit- District"
)T�)
Distric+- Accounting .A ini'strator
-21-
IL
ORIG , NA
is
CONTRA COSTA TRANSPORTATION AUTHORITY
Resolution 93-04-
RE: APPROPRIATION OF FUNDS AND AUTHORIZATION TO EXECUTE A
CONSTRUCTION AGREEMENT FOR THE BAILEY ROAD INTERCHANGE
PROJECT 01402).
WHEREAS, the Contra Costa Transportation Improvement and Growth Management
Expenditure Plan (hereinafter "Plan") includes $80,000,000 in 1988 dollars for the Route 4
(east) project funding category; and
WHEREAS, the Plan also includes $178,000,000 in 1988 dollars for the Rail extension to
Eastern Contra Costa; and
WHEREAS, the Authority has executed Agreement No. 21.00.02 with BART that provides
for the allocation of construction costs to both the Route 4 (east) and Rail extension project
fund categories; and
WHEREAS, the Authority expects that the appropriation of funds by this Resolution will be
offset by receipt of state-local partnership funds; and
WHEREAS, the Authority has made prior fund appropriations for this project which are
summarized in Attachment A to this resolution,
WHEREAS, the Authority wishes that Caltrans administer the construction-of the Bailey
Road Interchange on Route 4 as well as certain related BART facilities; now therefore be it
RESOLVED, that the Chair is authorized to execute Cooperative Agreement No. 90.14.02
between the Authority, BART and Caltrans for the construction of the Bailey Road
Interchange; and be it further if
RESOLVED, that the Authority appropriates $44,000,000 for,the construction of the Bailey
Road Interchange and overall construction management; and be it further
RESOLVED, that the disbursed funds will be allocated between the Route 4 (east) and rail
extension project fund categories.in accordance with Cooperative Agreement 21.00.02.
yn Munn, Chair
This RESOLUTION was entered into at a
meeting of the Contra Costa Transportation
Authority held January 11, 1993 in Walnut Creek, California
Attest:
Rabe Mc6lExecutive Di ector
ATTACHMENT B
COOPERATIVE AGREEMENT NO. 14.00.00
between
the Coutts Costa Transportation Authority
IP and
County of Contra Costa
X-J 181T A
Chronological Listing of Fund Appropriation Resolutions
Project Number Resolution Number Date Funds Appropriated Cumulative Total
90-20 12-19-90 30.000 30,000
' t401" ?r? 14.01.01 12-12-89 3,000,000 3,000,000
14.01.01A 06-20-90 400,000 3,400,000
14.01.02 09-27-90 900,000 4,300,000
90-17 12-05-90 500,000 4,800,000
91-04-P 02-20-91 105,000 4,905,000
91-05-P 03-20-91 572,000 5,477,000
91-06-P 03-20-91 200,000 5,677,000
91-48-P 09-18-91 1,170,000 6,847,000
91-36-P 09-19-91 824,000 7,671,000
91-37-P 09-18-91 3,416,000 11,087,000
91-48-P 02-19-92 -1,170,000 9,917,000
92-07-P 024-92 170,000 10,087,000
92-1I-P 3-18-92 *-66,000,000 76,087,000
91-36-P(revised) 6-17-92 855,000 76,942,000
92-19-P 6-17-92 160,000 77,102,000
92-19-P(revised) 9-16-92 -100,000 77,002,000
92-30-P 11-18-92 ?5,000 77,027,000
92-30-P(revision 1) 12/16/92 25,000 77,052,000
*Actual expenditure of Measure C funds on this project will be allocated between the Route 4(east)project category and the East Contra Costa
Rail(SART)project category on a percentage basis provided by CCTA Agmemoru 21.00.02(approximately 60/40 split).
"Construction Funds to be disbursed directly to Caltrans,rather than Contra Costa County.
"Act7ual expenditure of Measure C funds on this project will be allocated between the Route 4(cast)project category and the East Contra Costa
1 Rad(BART)Project Category on a percentage basis.(approximately 50/50 split).
A17ACHMENT B
COOPERATIVE AGREEMENT NO.14.00.00
between
the Contra Costa Transportation Authority
and
County of Contra Costa
14.02.01 06-27-90 q120.000
400,000
91-08-P 03-20-91 520,000
91-07-P 3-20-91 2 2,520,000
91-07-P(Revision!) 06-19-91 2,230,000 4,750,000
91-13-P 06-19-91 190.00 4,940.00
91-08-P(Revision 1) 09-18-91 321,00 5,261,00
91-47-P 09-18-91 14,960,000 20,221,000
91-08-P(Revision 2) 12-18-91 70,00 20,291,00
92-16-P 5-20.92 32,00 20,323,00
91-07-P(Revision 2) 7-15-92 735,00 21,058,00
91-08-P(Revision 3) 11-18-92., 172.00 21,230,00
92-31-P 11-18-92 75,00 21,,,305,00
92-31-P(rcvision 1) 12-16-92 35,00 21,340,00
93-03-P 1-20-93 5.00 21,345,00
934)4-P 1-20.93 '•44,00.00 65,345,00
TOTAL FUNDS
APPROPRIATED 142,427,00
-Actual expenditure of Measure C funds on this project will be allocated between the Route 4(east)project category and the Eau Contra Costa
Rail(BART)project category on a percentage basis provided by CCTA Agreement 21.0.02(approximately 60140 split).
--Construction Funds to be disbursed directly to Caltrans,rather than Contra Costa County.
-"Actual expenditure of Measure C funds on this project will be allocated between the Route 4(eau)project category and the Eau Contra Costa
2 Rail(BART)project category on a percentage basis.(approximately 50/50 split).
March 23, 1993
File: 4-CC-4 19. 7/20.8
4303-228011
Bailey Road IC
Mr. Robert K. McCleary Dist. Agmt. No_ 4-1431-C
Executive Director
Contra Costa Transportation Authority
1340 Treat Blvd. , Suite 150
Walnut Creek, CA 94598
Attention: Mr. Paul Maxwell g n �
V 0'
Dear Mr. McCleary: � Q3
Subject: Executed Cooperative Agreement for Files
Enclosed for the Authority' s files are two (2) copies of
the fully executed Cooperative Agreement for reconstructing the
Bailey Road Interchange and for other improvements and BART
work on State Highway Route 4 in Pittsburg.
Sincerely,
PRESTON W. KELLEY
District Director
By
,__�: MR 9; 1 ROBERT A. ANDERSON, Chief
Project Development
--,--- =- - - Contra Costa II
Enclosures
AN AGPERM NT BEIWEEN
THE COUNTY OF CONTRA COSTA, THE STATE OF CAuFoRNIA,
SAN DRANO SCO BAY ARFA RAPID TRANSIT DI►S'"IRICT
AND THE CONTRA COSTA TRANSPORTAUON AUTHORITY
FOR THE 30INT XM OF THE POMM OF EVVIINFNT DOMAIN
FOR THE BAR"ROAD INI(HANGE PRO T-T
THIS AGREENENr is entered into the 22 day of se ei s t ems, 1994, bdween
the COUNTY OF CONTRA COSTA, a political subdivision of the State of California(refected to
herein as "COUNIY), the STATE OF CALIFORNIA, acting by and through its Dept of
Transportation(referred to herein as"STATE), SAN FRANCISCO BAY AREA RAPID TRANSIT
DISTRICT, a rapid transit district (referred to herein as 'BARP), and the CONTRA COSTA
TRANSPORTATION AUTHORITY,a public entity(referred to herein as"AUTHORITY");pursuant
to the joint exercise of powers provisions of California Government Code sections 6500-6522 and the
California Code of Civil Procedure Section 1240.140.
RE-CITALS
1. On or about December 5, 1990, the AUTHORITY and COUNTY entered into a
Master Cooperative Agreement for the widening and improving of State Ffighway Route 4 between
Willow Pass Road in Concord to Railroad Avenue in Pittsburg,including the Bailey Road Intercliange
Project,as finther described in the Master Cooperative Agreement,the original of which is maintained
on file by AUTHORITY as Cooperative Agreement 14.00.00. Said Master Cooperative Agit
is mcatporated herein by reference and made a part hereof As part of the Master Cooperative
Agreement;it was agreed that COUNTY would acquire all required interests in real property,which
included acquisitions to be made on.behalf of BART, as well as the STATE.
2. On or about May 20, 1992, a Cooperative Agreement was entered into between
AUTHORITY and BART relating to the BART rail extension from the existing Concord Station to
Bailey Road/West Pittsburg,the rail extension being an integral part of the Bailey Road Interchange
Project, and from there east to Antioch, as further described in the Cooperative Amt, the
original of which is maintained on file by AUTHORITY as Cooperative Agreement 21.00.02. Said
Cooperative Agreement is incorporated herein by reference and made a part hereof As part of the
Cooperative Agreement, it was agreed that the parties would enter into a Separate joint cooperative
agreement for the construction of the Bailey Road Interchange Project.
3. -On or about January 11, 1993, AUTHORITY, BART and STATE entered into a
Cooperative Agreement for the purposes of jointly constructing improvements as part of the Bailey
Road Interchange Project on State Flighway Route 4 in the City of Pittsburg, as further described in
the Cooperative Agreement,the original of which is maintained on file by AUTHORITY as CCTA
Agreement No.90.14.02. Said Cooperative Agreement is incorporated herein by reference and made
a part hereof and shall hereinafter be referred to as the "January 11, 1993 Cooperative Agreement."
As part of the January 11, 1993 Cooperative Agreement, it was agreed that COUNTY would acquire
all of the required real property interests on behalf of BART and STATE.
4. It was the intent of the pasties to the Cooperative Agreements referenced in Recitals
1, 2, and 3 of this Agreement (hereinafter collectively referred to as the COOPERATIVE
AGREEZvOqM that:
a Said COOPERATIVE AGREEMENTS describe and authorize an integrated
transportation project which includes a BART and highway component as well as other
related fes; and
b. Said COOPERATIVE AGREEMENTS were further intended to be a joint
exercise of power authorizing COUNTY to exercise the power of eminent domain for the
acquisition of property on behalf of the parties.
C. Said joint exercise of powers does not constitute the creation of an agency or
entity which is separate from the parties to the agreement as described in California
Government Code section 6503.5.
5. By this Agreeimeit, AUTHORITY, BART, STATE and COUNTY intend to clarify
and reaffirm, in a single integrated agc+eenmt executed by all parties, what was intended in said
COOPERATIVE AGREEMENTS, to-wit, that:
a I The project includes the joint construction of improvements consisting of the
widening and improving of State Highway Route 4 between Willow Pass Road in Concord
to Railroad Avenue in Pittsburg,reconstructing the Bailey Road Interchange on State Highway
4 in the City of Pittsburg,to provide a median of sufficient width to accommodate a six lane
highway, expandable to eight lanes, and a BART rail system, construction of BART transit
facilities up to subballast in the Route 4 median including station platform and foundations
and construction of pedestrian improvements, parldng facilities and a bicycle path (the.
'TROJEC'P'); and all references to the PROJECT in said COOPERATIVE AGREEMENTS
relevant to the exercise of the power of eminent domain included therein and herein includes
all of the above features of the PROJECT together with all supporting features necessary to
protect or preserve the safety and usefulness of the project
b. With respect to the acquisition of any real property or interest therein required
for the PROJECT, or otherwise necessary to protect or preserve the safety or usefulness of
the PROJECT, the COOPERATIVE AG are, and at all times relevant to the
PROJECT have been intended to be, a joint exercise of powers between AUTHORTTY,
BART, STATE and COUNTY;
C. All real property or interests therein required for the PROJECT, or otherwise
necessary to protect or preserve the safety and usefulness of the PROJECT,may be acquired
by eminent domain through the exercise of said joint powers agreement.
Page 2 of 6
AGRE.EMENI
L nam to Reaffirm AUTHORITY,BART,STATE and COUNTY hereby agree and
reaffirm that it was and is their intent that:
A. For purposes relevant to the exercise of the power of eminent domain,
PROJECT,as that team is used in the COOPERATIVE AGREEMENTS and herein,includes
all of the features of the PROJECT as set out in Recital 5.a. of this Agreement; and
B. Pursuant to the terms of the COOPERATIVE AGRMMM, they shall
jointly exercise their respective powers of eminent domain to acquire all real property or
interests therein required for the PROJECT or otherwise necessary to protect or preserve the
safety and usefulness of the PROJECT.
II. Ind AUTHORITY, BART, STATE and COUNTY hereby agree and
reaffirm that, pursuant to the term of the COOPERATIVE AGREEMENTS, COUNTY is and has
been designated thereby and hereunder as the party to administer the portion of the COOPERATIVE
AGREEMENTS relating to the acquisition of real property, through eminent domain or otherwise,
by and through its Board of Supezvisors, County Officials and Departments and its attorneys.
III. vers: AUTHORITY,BART, STATE and COUNTY agree and reaffirm that, at
all times from and after December 5, 1990, COUNTY has had the powers relating to the PROJECT
to conduct all public hearings to the end of adapting a resolution of necessity,to take whatever steps
are necessary to initiate and conduct to a conclusion such eminent domain proceedings as are
necessary to obtain title to any and all real property interests which are required for the construction
of the PROJECT, or otherwise necessary to protect or preserve the safety and usefulness of the .
PROJECT and in connection therewith to enter into any and all contracts to obtain performance of
all legal, engineering, appraisal, right of way, relocation assistance and related services.
IV. Ste= The responsibilities of the parties for costs of acquisition, construction and
maintenance of the PROJECT are described in the COOPERATIVE AGREEMENTS, and include,
but are not limited to payments for all legal,engineering, appraisal,right of way services and related
costs;payments for any and all relocation assistance claims;and payments to property owners of just
compensation for any and all property rights acquired by negotiation,settlement,condemnation award
or otherwise.
V. SSu jeaPtoMIM ZTitie: AUTHORITY, STATE, BART and COUNTY agree and
reaffirm that COUNTY haithe right to exercise the powers granted by the Eminent Domain Law to
acquire any real property, any interest therein, and any appurtenance thereto, required for the
PROJECT,or otherwise necessary to protect or preserve the safety and usefulness of the PROJECT,
and to transfer title to STATE or BART.
VI. Term: This Agreement shall remain in effect until the COUNT Ys authorization to
perform eminent domain services has terminated in accordance with the COOPERATIVE
AGREEMENTS.
Page 3 of 6
VII. Eoding and Accomgd ilitX: All parties shall be strictly accountable for all funds
under their control and, upon request, will report receipts and disbursements. No funds are
encumbered or obligated to the Project by any of the parties pursuant to this Agreement.
VIII. Chmkwalt: This Agreement may 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.
CONTRA COSTA COUNTY CONTRA COSTA TRANSFORTATION
AUIHORiTY
By-A -,G✓J'��� By: —
ATTEST: ATTEST:
By: By: 2
Clerk of the Board of Supervisors Robert K. McCleary, Executive Director
APPROVED AS TO FORNL• APPROVED AS TO FORNL-
By: �J ^CJ✓
i4EX�-Couas�el ��� Legal Counsel f Contra Costa
Transportation Authority
Page 4 of 6
STATE OF CALIFORNIA
DEPART1VIIM OF TRANSPORTATION
Dindor of 1kanspoiWon
4Gen, 1M=wm,
ct Director
ger
AS TO FORM-
for Department of
Transportation
Page 5 of 6
SAN FRANCLS(D BAY AREA RAPID
TRANSIT DISTRICT
General Manager
APPROVED AS TO FORM
Legal Counsel for San Francisco Bay Area
Rapid Transit District
slat 11aVbaiky jpa STwmbc 9,1994
Page 6 of 6
i
1 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
2
3 �
4 a < <.,
5 �Re: Condemnation of Property for RESOLUTION RE-ADOPTING
the State Route 4/Bailey Road RESOLUTION OF NECESSITY
6 Interchange Improvement Project, NO. 93/266 AS AMENDED AS
W. Pittsburg Area Project RESOLUTION OF NECESSITY
7 No. 4660-6X4158 NO. 94/501
8
9
10
11 The Board of Supervisors of Contra Costa County, California by a vote of two-thirds
12 or more of its members RESOLVES, FINDS, DETERMINES AND DECLARES THAT::
13 1. A copy of RESOLUTION OF NECESSITY NO. 93/266 AS AMENDED is
14 attached hereto as Exhibit A and incorporated herein by reference as if set out in full herein.
15 2. The Findings contained in RESOLUTION OF NECESSITY NO. 93/266 AS
16 AMENDED are hereby adopted, found, determined and declared as if set out in full herein.
17 3. RESOLUTION OF NECESSITY NO. 93/226 AS AMENDED by RESOLUTION
18 NO. 94/500 together with the findings therein is hereby re-adopted as RESOLUTION OF
19 NECESSITY'NO. 94/501 .
20 2. On September 15 , 1994, notice of the County's intention to amend
21 RESOLUTION OF NECESSITY NO. 93/226 and to re-adopt RESOLUTION OF NECESSITY
22 NO. 93/226 AS AMENDED was sent to persons whose names appear on the last equalized
23 County Assessment role as owners of said property. The Notice specified October 4, 1994, at 11
24 a.m. in the Board of Supervisors Chambers in the Administration Building, 651 Pine Street,
25 Martinez, California, as the time and place for the hearing thereon.
26 The hearing was held at that time and place, and all interested parties were given an
27 opportunity to be heard in regard to the proposed project. Based upon the evidence presented to
28 it, this Board finds, determines and hereby declares the following:
1
1 1. The public interest and necessity require the proposed project.
2 2. The proposed project is planned and located in the manner which will be most
3 compatible with the greatest public good and the least private injury.
4 3. The property described herein is necessary for the proposed project.
5 4. The offer required by and consistent with section 7267.2 of the Government Code,
6 together with the accompanying statement of the amount established as just
7 compensation, was made to the owner or owners of record.
8 5. All conditions necessary to establish the right to take the property required for the
9 project has been complied with.
10
11 PASSED and ADOPTED on October 4 , 1994, by the following vote:
12 AYES: Supervisors Smith, Bishop, DeSaulnier, Torlakson and Powers
13 NOES: None
14 ABSENT: None
15
16 I HEREBY CERTIFY, that the foregoing resolution was duly and regularly introduced,
17 passed and adopted by the vote of two-thirds or more of the Board of Supervisors of Contra Costa
18 County, California, at a meeting of said Board on the date indicated.
19 Dated: f October 4; 1994
20
21 I hereby certify that this Is a true and oorreetwpyof
an OCUOn talo and enteredIre on the minutes of the
22 Board of ft T ATTESTED:
PHIL BATCHELOR,Clerk of the Board
23 of Supervisors and County Administrator
24 �' La� .t7eputy
25
26
27
28
2
1 THEBOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
2
3
4
5 Re: Condemnation of Property for RESOLUTION OF NECESSITY
the State Route 4/Bailey Road NO. 93/266 AS AMENDED
6 Interchange Improvement Project,
Bay Point Area Project RE-ADOPTED AS RESOLUTION OF
7 No. 4660-6X4158 NECESSITY NO. 94/501
8 (C.C.P. §1245.230)
(C.C.P. §1240.610)
9 (C.C.P. §1240.510)
10
11
12 The Board of Supervisors of Contra Costa County, California, by vote of two-thirds of its
13 members RESOLVES, FINDS, DETERMINES AND DECLARES THAT:
14 1. At a public meeting and hearing on April 27, 1993, the Board of Supervisors
15 ('Board"), the governing body of Contra Costa County, California("County"), adopted
16 RESOLUTION OF NECESSITY NO. 93/226 by a unanimous vote.
17 2. RESOLUTION OF NECESSITY NO. 93/226 authorized the acquisition of Parcels
18 51260-1, 51260-2, 51260-3, and 51260-5, sub-parcels of a single parcel (hereinafter referred to as
19 the "Property")by eminent domain. Other parcels were included, but have since been acquired.
20 3. RESOLUTION OF NECESSITY NO. 93/226 contains a general statement of the
21 public use for which the Property is to be taken ("a road reconstruction project, a public
22 improvement, to widen State Highway 4 at Bailey Road") as distinguished from a detailed
23 description of the project for which the Property is required.
24 4. The general statement of the public use contained in RESOLUTION OF
25 NECESSITY NO. 93/266 was intended by the Board to describe a public use for a road
26 reconstruction project required by and for the integrated intermodal public transportation project
27 described in the State Route 4/Bailey Road Interchange Project Environmental Impact Report
28 dated September 1991 ("EIR").
EXHIBIT "A"
1
1 5. The State Route 4Bailey Road Interchange Improvement Project EIR describes in
2 detail said integrated intermodal public transportation project and its purpose. A copy of the EIR
3 Project Description Summary set out at Section 1.1 of the EIR is attached hereto as Exhibit B and
4 incorporated herein by reference. The EIR, approved and certified by the Board on October 8,
5 1991, and was reviewed and considered by the Board prior to approving the State Route 4/Bailey
6 Road Interchange Improvement Project . A copy of said certification is attached hereto as
7 Exhibit C.
8 6. Pursuant to Public Resources Code Section 21092 County gave written notice of
9 the preparation of the draft State Route 4/Bailty Road Interchange Project Environmental Impact
10 Report, invited comments, and held public hearings on said draft EIR prior to the adoption of the
11 EIR by the County. The owner of Parcels 51260-1, 51260-2, 51260-3, and 51260-5 was given
12 said written notice, a copy of which together with the relevant portion of the mailing list is
13 attached hereto as Exhibit D and incorporated herein by reference.
14 7. Features of the State Route 4/Bailey Road Interchange Improvement Project
15 include a highway/freeway/interchange/surface street improvement component, a Bay Area Rapid
16 Transit District ('BART")rail extension component, a BART Bailey Road Station component, a
17 BART Bailey Road Station Parking Facility component, and a bicycle and pedestrian component.
18 The components together comprise an integrated intermodal public transportation project; and are
19 each necessary features of said joint BART, California Department of Transportation("Caltrans"),
20 County and Contra Costa Transportation Authority("CCTA") project.
21 8. The BART, highway/freeway/interchange/surface street, bicycle trail and pedestrian
22 components of the State Route 4/Bailey Road Interchange Project are all related to the purpose
23 and objective of the project, to-wit: an integrated intermodal public transportation project as
24 described in the EIR; and the interrelated components are required for the protection and
25 preservation of the usefulness and safety of the project.
26 9. At the public hearing held at the Board of Supervisors meeting of April 27, 1993,
27 prerequisite to consideration of the adoption of RESOLUTION OF NECESSITY NO. 93/226,
28 no written or oral objections were made by any property owner or their representative. In
2
1 particular, no objections were made that the general statement of the public use contained in the
2 proposed Resolution of Necessity did not adequately describe all of the features of the integrated
3 intermodal public transportation project as described in the EIR.
4 10. The acquisition by County of the real property required for the joint State Route
5 4/Bailey Road Interchange Project is authorized by the Cooperative Agreements Dated December
6 5, 1990 (Cooperative Agreement 14.00.00);June 20, 1990 (Cooperative Agreement 14.01.02);
7 May 20, 1992 (Cooperative Agreement 21.00.02); and January 11, 1993 (Cooperative Agreement
8 90.14.02.00)which Cooperatives Agreements are attached hereto as Exhibit E and incorporated
9 herein by reference.
10 11. The four Cooperative-Agreements together were intended to be collectively an
11 agreement for the joint exercise of the respective powers of eminent domain of the parties within
12 the meaning of Code of Civil Code of Procedure Section 1240.140 whereby Contra Costa County
13 was authorized by BART, Caltrans and CCTA to exercise their respective powers of eminent
14 domain to acquire the property necessary for the State Route 4/Bailey Road Interchange Project.
15 //
16 12. In an eminent domain action [Contra Costa County v. North State Development
17 Co. Contra Costa Superior Court No. C93-02098] to acquire Parcels 51260-1, 51260-2, 51260-3,
18 and 51260-5 described in RESOLUTION OF NECESSITY NO. 93/226, the owner has claimed
19 that the BART component of the State Route 4/Bailey Road Interchange Project is not a part of
20 the general statement of public use alleged in the eminent domain complaint. Said eminent domain
21 complaint incorporates said Resolution of Necessity by reference together with the general
22 statement of the public use contained in RESOLUTION OF NECESSITY NO. 93/226. The
23 owner further threatens to challenge the statutory authority of Contra Costa County to acquire the
24 Property for the joint public transportation project.
25 13. On September 20, 1994, the Board approved and the County entered into an
26 Agreement between and previously approved by Caltrans, BART, and CCTA which Agreement
27 was entitled an Agreement for the Joint Exercise of the Power of Eminent Domain for the Bailey
28 Road Interchange Project (a copy of which is attached as Exhibit F and incorporated herein by
3
1 reference). Said Agreement between the County, Caltrans, BART and CCTA was intended to be
2 a Code of Civil Code of Procedure Section 1240.140 agreement for the joint exercise of their
3 respective powers of eminent domain by County to acquire the properties required by the State
4 Route 4/Bailey Road Interchange Improvement Project. It is the County's position that said
5 CooperativerAgreements constituted an agreement for the joint exercise of the power of eminent
6 domain within the meaning of Code of Civil Procedure Section 1240.140. Rather than to litigate a
7 legal challenge to the sufficiency of said Cooperative Agreements, it was the purpose of said
8 Resolution adopting said Agreement for the Joint Exercise of the Power of Eminent Domain to
9 clarify and reaffirm said Cooperative Agreements in the form of a single integrated joint exercise of
10 powers agreement executed by all the Public Agencies party thereto.
11 14. It is the position of County that Code of Civil procedure Section 1245.230(a)
12 requires only a general statement of the public use for which the property is to be taken and that
13 RESOLUTION OF NECESSITY NO. 93/226 contained a sufficient general statement. Rather
14 than to litigate a legal challenge to the sufficiency of said general statement, it is the purpose of this
15 Resolution: (a)to more particularly describe the public use intended by the Board in
16 RESOLUTION OF NECESSITY NO. 93/226 so as to clarify and to clear up any uncertainty or
17 ambiguity in said general statement of the public use; and (b)to supplement and more particularly
18 reference the statutes which authorize the County to acquire the Property by eminent domain for
19 the joint public transportation project.
20 15. Contra Costa County seeks to acquire a single Parcel 51260 which parcel is divided
21 into Sub-Parcels 51260-1, 51260-2, 51260-3, and 51260-5 (referred to collectively herein as the
22 "Property"). Said Property is described in Appendix "A" attached hereto and incorporated herein
23 by reference. The Property sought to be acquired is a part of a single larger parcel.
24 16. The public use generally described as the State Route 4/Bailey Road Interchange
25 Improvement Project, a road reconstruction project, which requires the acquisition of the Property
26 sought to be acquired and condemned herein is:
27 for the purposes of a road reconstruction project known as the State Route 4/Bailey Road
28 Interchange Improvement Project. The State Route 4/Bailey Road Interchange
4
1 Improvement Project is a joint intermodal public transportation project and is hereinafter
2 referred to as the "Project". The Project is a public use, and is more particularly described
3 as follows:
4 An intermodal public transportation Project, which Project is a joint Project
5 r of the Bay Area Rapid Transit District, the State of California(Department
6 of Transportation), Contra Costa Transportation Authority, and Contra
7 Costa County. Said intermodal public transportation Project shall include
8 the joint construction of improvements consisting of the widening and
9 improving of State Higbway Route 4 between Willow Pass Road in
10 Concord to Railroad`Avenue in Pittsburg, which improvement includes
11 reconstructing the Bailey Road Interchange on State Highway Route 4 in
12 the City of Pittsburg and Contra Costa County; and providing a median of
13 sufficient width to accommodate a BART rail system and a six lane
14 highway, expandable to eight lanes; construction of BART transit facilities
15 up to subballast in the Route 4 median including station platform and
16 foundation at the Bailey Road Interchange and the construction of parking
17 facilities servicing the BART Bailey Road station; and pedestrian
18 improvements and a bicycle path. All references to the Project herein
19 includes all of the above features and components, together with all
20 supporting features necessary to protect or preserve the safety and
21 usefulness of the Project as a integrated intermodal transportation system.
22 17. The County entered into agreements, pursuant to Code of Civil Procedure
23 §1240.140 with the San Francisco Bay Area Rapid Transit ("BART"), the State of California,
24 acting by and through the Department of Transportation ("Caltrans"), and the Contra Costa
25 Transportation Authority("CCTA") for the joint exercise of their respective powers of eminent
26 domain for the acquisition of the property described herein in the name of the County for the
27 public use herein set forth. BART, Caltrans, CCTA, and County which are a party to said
28 agreements are referred to herein collectively as the " the Public Agencies." Said agreements are
5
1 in the form of Cooperative Agreements and an Agreement for the Joint Exercise of the Power of
17 111
2 Eminent Domain, and are attached hereto as Exhibits E and F respectively and incorporated herein
3 by reference. Said Cooperative Agreements and the Agreement for the Joint Exercise of the
4 Power of Eminent Domain are collectively referred to herein as the "JPA".
5 H f
6 18. The respective public purposes requiring the Route 4/Bailey Road reconstruction
7 project for each of said sub-parcels are as follows:
8 A. Parcels 51260-1, 51260-2 and 51260-5: for joint-use for State, County and
9 BART purposes, more particularly described as follows:
10 i. For State and County highway and freeway_purposes: to
11 reconstruct the Bailey Road Interchange on State Highway Route 4
12 in the City of Pittsburg and Contra Costa County; and the widening
13 and improving of State Highway Route 4.
14 H. For BART purposes: to provide a median of sufficient width to
15 accommodate a BART rail system and the construction of BART
16 transit facilities up to subballast in the Route 4 median including the
17 Bailey Road BART station platform and foundation.
18 B. Parcel 51260-3: For BART purposes: for the Bailey Road BART Station
19 parking lot servicing the Bailey Road BART Station.
20 19. Providing.public transportation is a function of the County.
21 20. The statutes that authorizes County to acquire the property described in Appendix
22 "A" by eminent domain are specified in the alternative as follows:
23 A. AS A JOINT EXERCISE OF THE RESPECTIVE POWERS OF
24 EMINENT DOMAIN POSSESSED BY THE STATE BART AND THE
25 COUNTY. Pursuant to Code of Civil Procedure §1240.140, the respective
26 powers of eminent domain possessed by the Public Agencies party to the
27 JPA are:
28 H
6
1 i. COUNTY: Government Code Section 25350.5 Streets and
2 Highway Code Sections 943(a) and 941.1, Code of Civil Procedure
3 Section 1240.120(aa), and Government Code Section 26006.
4 County is authorized by statute to acquire said property for
5 r highway, freeway and public transportation purposes and for the
6 purpose of carrying out and making effective the principal purpose
7 of the public transportation project, including uses for the protection
8 and preservations of the safety and usefulness of the public
9 transportation project.
10 ii. STATE: Streets and Highways Code Section 102. State is
11 authorized by statute to acquire for State highway purposes;
12 iii. BART: Public Utilities Code Sections 28953 29030 and 29031.
13 BART is authorized to acquire for BART rapid transit purposes
14 including rights-of-way, rail lines, stations, platforms and parking
15 lots and facilities necessary for said rapid transit service.
16 B. FOR COUNTY HIGHWAY AND PUBLIC TRANSPORTATION
17 PURPOSES . (i)Pursuant to Government Code Section 25350.5 and
18 Streets and Highway Code Section 943 for County highway, County public
19 transportation and County public parking purposes; and (ii)Pursuant to
20 Code of Civil Procedure Section 1240.120(a); Government Code Section
21 25350.5; Streets and Highway Code Section 943 as an acquisition necessary
22 to carry out and make effective the principal purpose for highway and
23. public transportation use.
24 C. FOR COUNTY PUBLIC TRANSPORTATION AND HIGHWAY
25 PURPOSES TO BE CONVEYED TO THE STATE FOR STATE
26 HIGHWAY PURPOSES AND TO BART FOR BART RAPID TRANSIT
27 PURPOSES. Pursuant to Code of Civil Procedure Sections 1240.120(a)
28 and 1240(b), Government Code Sections 25350.5, Streets and
7
1 Highways Code Sections 15, 113, 943, and Public Utilities Code 28970:
2 i. for highway and public transportation purposes, which property to
3 be acquired herein is to be conveyed upon completion of the Project
4 to the Caltrans, for State highway purposes; and
5 , ii. for rapid transit use together with required station and parking
6 facilities, which property acquired herein is to be conveyed upon
7 completion of construction of the Project to BART.
8 21. The Property to be acquired is generally located in the Pittsburg, Bay Point area.
9 22. On April 8, 1993, notice of the County's intention to adopt a resolution of necessity
10 for acquisition by eminent domain of the Property described in Appendix "A" was sent to persons
11 whose names appear on the last equalized County Assessment role as owners of said property.
12 The Notice specified April 27, 1993, at 11:00 a.m. in the Board of Supervisors Chambers in the
13 Administration Building, 651 Pine St., Martinez, California as the time and place for the hearing.
14 23. The hearing was held at that time and place and all interested parties were given an
15 opportunity to be heard. Based upon the evidence presented to it, this Board found, determined
16 and thereby declared the following:
17 A. The public interest and necessity require the proposed project.
18 B. The proposed project is planned and located in the manner which will be
19 most compatible with the greatest public good and the least private injury.
20 C. The property described herein is necessary for the proposed project.
21 D. The offer required by and consistent with section 7267.2 of the Government
22 Code, together with the accompanying statement of the amount established
23 as just compensation, was made to the owner or owners of record.
24 E. Some of the property sought to be acquired is appropriated to a public use.
25 The determination and finding is made that the proposed use is a more
26 necessary use than the use to which the property is now appropriated, or a
27 compatible public use. This resolution is adopted pursuant to Code of Civil
28 procedure sections 1240.510 and 1240.610.
8
1 F. All conditions necessary to establish the right to take the property required
2 for the highway project have been complied with.
3 On April 27, 1993 RESOLUTION OF NECESSITY NO. 93/226 was passed and adopted
4 by a unanimous vote of the Board.
5 24. , On September 15, 1994, notice of the County's intention to amend and re-adopt as
6 amended RESOLUTION OF NECESSITY NO. 93/226 for acquisition by eminent domain of the
7 real property described in Appendix "A" was sent to persons whose names appear on the last
8 equalized County Assessment role as owners of said property. The Notice specified October 4,
9 1994, at 11 a.m. in the Board of Supervisors Chambers in the Administration Building, 651 Pine
10 Street, Martinez, California, as the time and place for the hearing thereon.
11 25. The hearing was held at that time and place, and all interested parties were given an
12 opportunity to be heard. Based upon the evidence presented to it, this Board finds, determines and
13 hereby declares the following:
14 A. The public interest and necessity require the proposed Project.
15 B. The proposed Project is planned and located in the manner which will be
16 most compatible with the greatest public good and the least private injury.
17 C. The property described herein is necessary for the proposed Project.
18 D. The offer required by and consistent with section 7267.2 of the Government
19 Code, together with the accompanying statement of the amount established
20 as just compensation, was made to the owner or owners of record.
21 E. All conditions necessary to establish the right to take the property required
22 for the project have been complied with.
23 26. The County Counsel of this County is hereby AUTHORIZED and EMPOWERED:
24 To acquire in the County's name, by condemnation, the Property described in Appendix "A",
25 attached hereto and incorporated herein by this reference in accordance with the provisions for
26 eminent domain in the Code of Civil Procedure and the Constitution of California:
27 The following sub-parcels are to be acquired in fee simple absolute: 51260-1, 51260-2 and
28 51260-3.
9
1 The following sub-parcel is to be acquired as a temporary_construction easement: 51260-5.
2 To prepare and prosecute in the County's name such proceedings in the proper court,as are
3 necessary for such acquisition;
4 To deposit the probable amount of compensation, based on an appraisal, and to apply to
5 said court for an order permitting the Count to take immediate possession and use said real
6 property for said public purposes and uses and to continue in possession.
7
8 Adoption of this Resolution on October 4 , 1994 by the following vote:
9
10 AYES: Supervisors Smith;-Bishop, DeSaulnier, Torlakson and Powers
11 NOES: None
12 ABSENT: None
13
14 I HEREBY CERTIFY, that the foregoing resolution was duly and regularly introduced,
15 passed and adopted by the vote of two-thirds or more of the Board of Supervisors of Contra Costa
16 County, California, at a meeting of said Board on the date indicated.
17 Dated: October 4 , 1994
18
19 f hereby certify that this is a true and correct copyof
an action taken and entered on the minutes of the
20
Board of Su LT
ATTESTED: t+1 t own.
PHIL BATCHELOR,Clerk of the Board
21 Of Supervisors and unty Administrator
w
22 By ,Deputy
23
24
25
26
27
28
10
State Highway 4
Bailey Road Interchange
North State Development
04-CC-4-19.6 (51260-1 , 51260-2,
51260-3 & 51260-5)
APPENDIX "A"
PARCEL 51260-1 (FEE)
All that real property situated in the City of Pittsburg, County of Contra Costa,
State of California, being a portion of the Southwest Quarter of Section 14,
Township 2 North, Range 1 West, Mount Diablo Base and Meridian more
particularly described as follows:
Commencing at the South Quarter corner of Section 14; thence N. 0' 05' 46" E
along the east line of said Southwest Quarter of Section 14 a distance of 1188.97
feet to the intersection with the centerline of. Leland Road as shown on Oak Hills,
Unit 1 , Subdivision 6887, Book 324 of Maps, at Page 44, Contra Costa County
Records; thence N. 89" 54' 35"W. a distance of 893.22 feet along said centerline;
thence 183.83 feet along the arc of a tangent curve to the right with a radius of
1 ,041 .94 feet and a central angle of 10' 06' 31"; thence N. 79" 50'. 33" W. a
distance of 314.04 feet to the southwesterly corner of that parcel of land
described in deed to San Francisco BayArea Rapid Transit District, in Book 12258,
at Page 988, Official Records; thence N. 0'05' 25" E along the westerly line of that
parcel described in said Book 12258 at Page 988, a distance of 1 ,070.97 feet to
a point in the proposed southerly right of way of State Route 4; thence N. 82` 43'
58"W. along said proposed right of way a distance of 366.87 feet; thence S. 0' 05'
25"W. a distance of 45.45 feet; thence N. 76' 23'27"W. a distance of 414.54 feet;
thence N. 71' 55' 27"W. a distance of 339.30 feet to a point in the existing Route
4 right of way which lies 163:48 feet right of"E4" line station 567+88.76; thence
leaving said proposed right of way and continuing along said existing Route 4
right of way N. 71' 55' 27" W. a distance of 83.31 feet to the TRUE POINT OF
BEGINNING of herein described real property; thence continuing N. 71' 55127"W.
along said existing Route 4 right of way a distance of 139.26 feet to a point on
the west line of the southwest quarter of said Section 14, said point lies S. 0' 36'
27" W. a distance of 78.09 feet from the west quarter corner of said Section 14
and N. 0' 36' 27" E a distance of 2,583.20 feet from the southwesterly corner of
said Section 14; thence leaving said existing right of way S. 0' 36' 27" W. a
distance of 51 .41 feet to a point on the proposed State Route 4 southerly right of
way; thence along said proposed southerly right of way N. 86' 28' 11" E a
distance of 133.19 feet to the TRUE POINT OF BEGINNING.
Lands abutting said freeway shall have no rights or easement of access thereto.
Page 1 of 5
Containing a grid area of 3,415 square feet of land more or less.
Bearings and distances are based on the California Coordinate System Zone III
(C.C.S. 83), all distances referenced herein are grid. Multiply distances shown by
1 .0000609 to obtain ground level distances. Multiply grid area by 1 .0001218 to
obtain ground area.
04-CC-4-19.6 (51260-2)
PARCEL 51260-2 (FEE)
All that real property situated in the City of Pittsburg, County of Contra Costa,
State of California, being a portion of the Southwest Quarter of Section 14,
Township 2 North, Range 1 West, Mount Diablo Base and Meridian more
particularly described as follows:
Commencing at the South Quarter corner of Section 14; thence N. 0' 05' 46" E
along the east line of said Southwest Quarter of Section 14 a distance of 1,188.97
feet to the intersection with the centerline of Leland Road as shown on Oak Hills,
Unit 1 , Subdivision 6887, Book 324 of Maps, at Page 44, Contra Costa County
Records; thence N. 89' 54' 35"W. along said centerline of Leland Road a distance
of 893.22 feet; thence 183.83 feet along the arc of a tangent curve to the right
with a radius of 1 ,041.94 feet and a central angle of 10' 06' 31"; thence N. 79' 50'
33"W. a distance of 314.04 feet to the southwesterly corner of that parcel of land
described in deed to San Francisco BayArea Rapid Transit District, in Book 12258,
at Page 988, Official Records; thence leaving said centerline N. 0' 05' 25" E along
the westerly line of that parcel described in said Book 12258 at Page 988, a
distance of 1 ,070.97 feet to a point in the proposed southerly right of wayof State
Route 4 and the TRUE POINT OF BEGINNING of the herein described real property;
thence N. 82' 43' 58" W. along said proposed right of way a distance of 366.87
feet; thence S. 0' 05' 25" W. a distance of 45.45 feet; thence N. 76' 23' 27" W. a
distance of 414.54 feet; thence N. 71' 55' 27" W. a distance of 339.30 feet to a
point on the existing southerly right of way of State Route 4 which lies 163.48 feet
right of"E4" line station 567+88.76, thence S. 88' 50' 04" E along said existing
right of way a distance of 253.13 feet; thence S. 75' 34' 12" E a distance of
105.24 feet; thence S. 81' 41' 29" E a distance of 210.43 feet; thence S. 74' 00'
18" E a distance of 105.33 feet; thence S. 83' 57' 01" E a distance of 104.96 feet;
thence N. 83' 10' 16" E. a distance of 107.22 feet; thence S. 84' 25' 39" E a
distance of 208.40 feet; thence N. 85' 20' 38" E a distance of 6.92 feet to the
westerly line of the parcel described in said Book 12258, at Page 988; thence
along said westerly line and departing from said existing right of way S. 0' 05, 25"
W. a distance of 94.99 feet to the TRUE POINT OF BEGINNING.
Page 2 of 5
Lands abutting said freeway shall have no rights or easement of access thereto.
Containing a grid area of 83,305 square feet of land more or less.
Bearings and distances are based on the California Coordinate System Zone 111
(C.C.S. 83), all distances referenced herein are grid. Multiply distances shown by
1 .000609 to obtain ground level distances. Multiply grid area by 1 .0001218 to
obtain ground area.
04-CC-4-19.6 (51260-3)
PARCEL 51260-3 (FEE)
All that real property situated in the City of Pittsburg, County of Contra Costa,
State of California, being a portion of the Southwest Quarter of Section 14,
Township 2 North, Range 1 West, Mount Diablo Base and Meridian more
particularly described as follows:
Commencing at the South Quarter corner of Section 14; thence N. 0' 05' 46" E.
along the east line of said Southwest Quarter of Section 14 a distance of 1 ,188.97
feet to the intersection with the centerline of Leland Road.as shown on Oak Hills,
Unit 1 , Subdivision 6887, Book 324 of Maps, at Page 44, Contra Costa County
Records; thence N. 89' 54' 35"W. along said centerline of Leland Road a distance
of 893.22 feet; thence 183.83 feet along the arc of a tangent curve to the right
with a radius of 1 ,041 .94 feet and a central angle of 10' 06' 31"; thence N. 79' 50'
33"W. a distance of 314.04 feet to the southwesterly corner of that parcel of land
described in deed to San Francisco Bay Area Rapid Transit District, in Book 12258,
at Page 988, Official Records; thence leaving said centerline N. 0' 05' 25" E along
the westerly line of that parcel described in said Book 12258 at Page 988, a
distance of 42.65 feet to the northerly right of way of Leland Road as shown on
Oak Hills, Unit 2, Subdivision 7242, Book 338, at Page 8, Contra Costa County
Records and the TRUE POINT OF BEGINNING of herein described real property;
thence N. 79' 50' 33" W. along said northerly right of way, a distance of 12.89
feet;thence 29.87 feet along the arc of a non-tangent curve concave northwesterly
with a radial bearing of S. 10' 11' 23" W., a radius of 957.94 feet and a central
angle of 1' 47' 11"; thence N. 78' 01' 27" W. a distance of 329.05 feet; thence
leaving said northerly right of way, N. 0' 05' 25" E and parallel with the westerly
line of that parcel of land described in said Book 12258, at Page 988, a distance
of 998.44 feet to a point in the proposed southerly right of way of State Route 4;
thence S. 82' 43' 58" E. along said proposed southerly right of way, a distance of
366.87 feet to a point in the westerly line of that parcel of land described in said
Book 12258, at Page 988; thence S. 0' 05' 25" W. along said westerly line, a
distance of 1 ,028.32 feet to the TRUE POINT OF BEGINNING.
Lands abutting said freeway shall have no rights or easement of access thereto.
Page 3 of 5
Containing a grid area of 369,019 square feet of land more or less.
Bearings and distances are based on the California Coordinate System Zone III
(C.C.S. 83), all distances referenced herein are grid. Multiply distances shown by
1 .0000609 to obtain ground level distances. Multiply grid area by 1 .0001218 to
obtain ground area.
04-CC-4-19.6 (51260-5)
PARCEL 51260-5 (Temporary Construction Easement)
All that real property situated in the City of Pittsburg, County of Contra Costa,
State of California, being a portion of the Southwest Quarter of Section 14,
Township 2 North, Range 1 West, Mount Diablo Base and Meridian more
particularly described as follows:
Commencing at the South Quarter corner of Section 14; thence N. 0' 05' 46" E.
along the east line of said Southwest Quarter of Section 14 a distance of 1188.97
feet to the intersection with the centerline of Leland Road as shown on Oak Hills,
Unit 1 , Subdivision 6887, Book 324 of Maps, at Page 44, Contra Costa County
Records; thence N. 89' 54' 35"W. along said centerline a distance of 893.22 feet;
thence 183.83 feet along the arc of a tangent curve to the right with a radius of
1 ,041 .94 feet and a central angle of 10' 06' 31"; thence N. 79' 50' 33" W. a
distance of 314.04 feet to the southwesterly corner of that parcel of land
described in deed to San Francisco BayArea Rapid Transit District, in Book 12258,
at Page 988, Official Records; thence leaving said centerline N. 0' 05' 25" E. along
the westerly line of that parcel described in said Book 12258 at Page 988, a
distance of 42.65 feet to a point in the northerly right of way of said Leland Road
as shown on Page 338 at Page 8 of Oak Hills, Unit 2, Subdivision 7242, Contra
Costa County Records; thence N. 79' 50' 33"W. along said northerly right of way
a distance of 12.89 feet, thence 29.87 feet along the arc of a tangent curve to the
right with a radius of 957.94 feet and a centr6al angle of V 47' 11"; thence N. 78'
01' 27" W. a distance of 329.05 feet to the TRUE POINT OF BEGINNING of the
herein described temporary construction easement; thence continuing N. 78' 01'
27"W. a distance of 2 5.5 5 feet; thence departing from said northerly right of way
of Leland Road N. 0' 05' 25" E. a distance of 800.00 feet; thence N. 68' 00' 00"W.
a distance of 81 .50 feet; thence N. 46' 00' 00"W. a distance of 271 .97 feet to the
proposed southerly right of way of State Route 4; thence S. 76' 23' 27" E. along
said southerly right of way, a distance of 305.00 feet; thence departing from said
proposed right of way S. 0' 05' 25"W. a distance of 952.99 feet to the TRUE POINT
OF BEGINNING.
The term of herein described temporary construction easement is set to expire
December 31 , 1995.
Page 4 of 5
Containing a grid area of 48,860 square feet of land more or less.
Bearings and distances are based on the California Coordinate System Zone III
(C.C.S. 83), all distances referenced herein are grid. Multiply distances shown by
1 .0000609 to obtain ground level distances. Multiply grid area by 1 .0001218 to
obtain ground area.
Page 5 of 5
1 . SU1MARY
1 . 1 Project Description
The proposed project involves modifying the State Route 4/Bailey
Road interchange and local streets to accommodate the circulation
and transportation needs resulting from existing and planned
development in this portion of eastern Contra Costa County and to
accommodate the extension of BART to Bailey Road and the
resulting increase in traffic associated with a BART terminal
station at Bailey Road.
The extension of the existing BART Concord line to West Pittsburg
has been approved by the Bay Area Rapid Transit District . The
approved plans call for a BART station in the State Route 4
median just west of the Bailey Road interchange and the
construction of a parking lot on the BART property south of State
Route 4 .
The widening and lowering of State Route 4 between Willow Pass
Road in Concord and Bailey Road in West Pittsburg (the Willow
Pass Grade Lowering Project) is designed to provide for the
extension of the Concord BART line to Bailey Road in the State
Route 4 median. The State Route 4/Bailey Road interchange
improvements are designed to compliment and tie into the willow
Pass Grade Lowering Project .
The proposed project would involve reconstructing State Route 4,
in the vicinity of the Bailey Road interchange, to provide a 104
foot wide median to accommodate the BART station and BART tracks,
six through lanes and two High Occupancy Vehicle (HOV) lanes .
The Bailey Road interchange would be reconstructed with new
interchange ramps in a reverse partial cloverleaf design which
consists of loop off-ramps and diagonal on-ramps .
local circulation improvements would also be provided, including
the widening of Bailey Road to six lanes between Maylard Street
and Canal road; relocation of Canal Road west of Bailey Road to
follow the existing alignments of Mims and Amberson Avenues;
extending Los Palos Drive north of Leland Road; installation of
signals at off-ramp intersections and at the Canal Road/Bailey
Road intersection; and, other local access improvements .
Pedestrian access would be provided through the interchange area
and would be designed to connect to the Delta-De Anza Regional-
Trail .
egionalTrail .
The project would also involve the relocation of affected
electrical power, sewer, water, and natural gas lines so that no
disruption in service would occur. Drainage improvements would
be installed in the vicinity of the BART parking lot to
accommodate runoff from the project, future BART facilities, and
planned development in the area.
1-1
'. " y SEP-26-1994 10=49 FROM C C C PUBLIC WORKS TO 914159810896 P.02
TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: October 8, 1991
SUBJECT: Approving Bailey Road interchange Project
Project No. 0357-6X4156
SPECIFIC REQUESTS) OR RECOMMEMDATi W(8).4 BACX*ftJMMD AND JUSTIFICATION
1. Recomm 0ded Action:
APPROVE Project, and CERTIFY that the final EIR for the project was completed In compliance
with the California.Environments! Quality Act. that the final EiR was presented to the Board and
the Board reviewed and considered the Information contained in it, and
FiND that the project will have significant effects on the environment. each of which Is
determined to be unavoidable, and as to each makes the following findings: See attached
findings.
DiRECT the Public Works Director to begin right-of-way acquisition and to prepare contract
plans and specifications for construction.
DIRECT the Director. of.Community Development to file a Notice of Determination with the
County Clerk.
DIRECT the Public Works Director to arrange for payment of the $25.00 handling fee to the
County Clerk for filing of the Notice of Determination, and for the $850.00 Fish and Game filing
fee to be transferred to the County Clerk.
11. FINANCIAL IMPACT:
The estimated project cost Is$62.3 mIliion.funded by Measure C Funds (40°x). BART(50%), and
State and local partnership (10%).
Continued on Attachment: SIGNATURE:
_RECOMMENDATION OF COUNTY ADUMNISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(s):
ACTION OF BOARD , If y, APPROVED AS RECOMMENDED OTHER
VOT>r OF SUPERVISORS
-_� UNANIMOUS (ABSENT 1
AYES: NOES;
ABSENT: ABSTAIN: i fWaby awft that ithM N a a, W4 Cwr*a COPY a
an salon taken and oMared on VO -U-1008 of IM
BB:drg 00*fd of sup'6nAser10. e tin. SIMMIl
c1l�o:as.tto Paul.BATCMEIOA.Q**61"8"rd
o{Bupadaon and County Admiftnt6f
Orifi. Div; Public Works (Major Projects)
cc: County Admin.: E. Kuevor ey aoutr
Community Development
PW Accounting
Road Engineering-H. Ballenger
APproving Salley (load Into. .range Project
October 8.'1 991
Page '2'Wo
M. 85ASONS E08 89COMM12ATtQNIBA ZKQ$QUND:
The project Is needed to reduce congestion and provide a median width sufficient to
accommodate the BART trackway and interim terminal station site just west of Batley Road.
This project has been determined to be in compliance with the General Plan. The Final
Environmental Impact Report pertaining to this project was considered by the Zoning Authority
on October 7. 1591, and found to be complete and prepared In compliance with the Callfomla
Environmental Quality Act and State and County Guidelines.
IV. CONSEQUEbJCCS OF NI gAMYe ACTION:
Delay In approving the protect will result In a delay of design and construction and may
jeopardize funding.
CommunityHarvey E. Bragdon
Contra Director of Community Development
Development Costa
Department
County Administration Building County
651 Pine Street
4th Floor, North Wing
Martinez, California 94553-0095
Phone:
C
TO: INTERESTED AGENCIES, ORGANIZATIONS & INDIVID S
SUBJECT: NOTICE OF COMPLETION AND NOTICE OF PUBLIC HEARING ON THE
DRAFT ENVIRONMENTAL IMPACT REPORT FOR STATE ROUTE 4/
BAILEY ROAD INTERCHANGE, WEST PITTSBURG AREA
COUNTY FILE #CP 90-6
DATE: JUNE 7, 1991
The subject Draft Environmental Impact Report is being distributed for review and
comment in conformance with the California Environmental Quality Act of 1970
(CEQA) and State and County Guidelines.
Public review copies of the Draft EIR will be found at the following locations:
1 . Central Branch: 1750 Oak Park Blvd., Pleasant Hill
2. Concord Branch: 2900 Salvio Street, Concord
3. Pittsburg Branch: 80 Power Avenue, Pittsburg
4. County Community Development Department: 651 Pine Street, North Wing - 4th
Floor,-Martinez
5. County Public Works Department: 255 Glacier Drive, Martinez
In addition, copies may be purchased (plus postage, if mailed) at the offices of the
County Community Development Department, 651 Pine Street, Martinez.
iE
For accuracy of record, written comments are desirable and encouraged, and should
be supported by factual information whenever possible. Comments should be mailed
to the Contra Costa County Public Works Department, Attention: Vickie Germany,
255 Glacier Drive, Martinez, California 94553, by Monday, July 22, 1991, 5:00
p.m.
If written comments cannot be made, an oral presentation may be made at the public
hearing which will be held on Thursday, July 11, 1991, 7:30 p.m., at the Ambrose
Community Center, 3105 Willow Pass Road, Pittsburg, California.
' All Interested Agencit.-j Jrgs. June 7, 1991
SR4113ailey.Road Interchange
-2-
For additional information on the environmental review process, please feel free to
M. contact me at (415) 646-2035. if you require information on the projectitself, please
contact Mr. Bob Faraone of the Public Works Department, Road Engineering Division,
at (415) 313-2252.
Sincerely yours,
enn s� Barry, AICD
Assistant Director
DMB:gms
cp1:SR4inter.NOC
cc: File #CP 90-6
Contra Costa County
Community. Development
651 Pine Street
North Wing, 4th Floor
Martinez, CA 94553
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00 INAL
t Cooperative Agreement No. 14 00.00
MASTER
COOPERATIVE AGREEMENT
BETWEEN
THE CONTRA COSTA TRANSPORTATION AUTHORITY
AND
CONTRA COSTA COUNTY
THIS AGREEMENT is made and entered into this fifth day of December, 1990, by and
between CONTRA COSTA COUNTY, hereinafter referred' to as COUNTY and the CONTRA COSTA
TRANSPORTATION AUTHORITY hereinafter referred to as "AUTHORITY".
RECITALS
1. AUTHORITY and COUNTY pursuant to the Contra Costa Transportation
Improvement and Growth Management program adopted on August 3, 1988 and approved by
the voters of Contra Costa County in November 1988, hereby enter into a Cooperative
Agreement for transportation improvements in Contra Costa County.
2. COUNTY desires transportation improvements consisting of
widening and improving Route 4 between Willow Pass Road in Concord to at least
Railroad Avenue in Pittsburg, including widening and lowering the gradeoverWillow
Pass and various interchange improvements, hereinafter referred to- as "PROJECT".
PROJECT is specifically cited in the Expenditure. Plan of the Transportation
Improvement and Growth Management Program.
3. Pursuant to Measure C, the AUTHORITY is committed to make available up to
$80,000,000 in 1988 dollars for projects eligible under-Route 4 East, to assist with
preliminary studies, design, right-of-way acquisition and construction, less specific
costs associated with overall program management by AUTHORITY. The costs incurred by
the. AUTHORITY shall not exceed 1.5 percent of funds made available for the PROJECT
The precise amount of funds available to help fund individual projects will be
determined .by the AUTHORITY'S Strategic Plan. AUTHORITY anticipates that the COUNTY
will continue to seek. other funds to supplement Measure C funds; including but not
limited to:
a. State-local partnership Program funds, pursuant to Streets and Highway Code
Section 164(d) (7)
b. Local contributions
C. State highway funds
4. Consistent with this AGREEMENT and Measure C, AUTHORITY will from time to
time authorize specific funding amounts, pursuant to a Request for Appropriation of
Funds by the Director of Public Works of the COUNTY. Consistent with this AGREEMENT
and Measure C, the Funding Appropriation Resolution will set forth additional
Cooperative Agreement No. 14.00.00
conditions, purpose, and timing for release of identified funds to COUNTY for
PROJECT. A chronological listing of appropriation resolutions will be included in
and made a part of Exhibit A (attached), which is hereby incorporated into this
AGREEMENT and made a part hereof. Exhibit A will be updated with each new
resolution. The Request for Appropriation of Funds will include an overall financial
plan for the PROJECT.
5. AUTHORITY and COUNTY have already entered into prior agreements relating to
this PROJECT. These include:
COOP # Date $ Amount Purpose
14.01.01 12-12-89 3,000,000 design, right-of-way engineering
14.01.O1A 6-20-90 400,000 environmental reports
14.01.02 9-27-90 900,000 right-of-way acquisition
14.02.01 6-20-90 400,000 environmental studies & prelim. engineering
These prior agreements are ratified and confirmed and shall remain in
effect, except for all references to AUTHORITY'S' method of payment to COUNTY which
are amended and superseded by Exhibit B of the AGREEMENT -(attached).
SECTION I
COUNTY AGREES:
1. To submit a Request for Appropriation-of Funds for specific components of
the PROJECT as set forth in Paragraph 4 of Recitals above, and to apply any funds
received under this AGREEMENT to PROJECT consistent with the mutually agreed-to terms
and conditions specified in the specific Resolution approved by the AUTHORITY.
2. To allow the AUTHORITY to audit all expenditures relating to any projects
funded through this AGREEMENT. For the duration of the PROJECT, and for three (3)
years following completion of the PROJECT, COUNTY will make available to the
AUTHORITY all records relating to expenses incurred in performance of this AGREEMENT.
3. To provide invoices, and progress reports consistent with Exhibit 6, along
with the summary of expenditures to date.
4. To prepare a report on an annual basis at the end of the fiscal year which
itemizes (a) the annual expenditure of the funds for the PROJECT, and (b) progress to
date in its implementation.
5. To comply with AUTHORITY Policy 001 regarding project management (Exhibit C
attached) .
Cooperativc AV=mcat No-14.00.00
Bawcen Contra Costa Transportation Authority
&Contra Costa County
(mvJan. 17, 1991) 2
Cooperative Agreement No. 14.00.00
6. To be responsible for evaluation of prospective consultants and subsequent
award of work consistent with this AGREEMENT and any Appropriation Resolutions.
7. To provide technical direction consistent with the scope of work of any
Appropriation Resolution.
8. To provide' Project Management of consultant activities, including
responsibility for schedule, budget and oversight of the services.
9. If any, Measure C funds are to be used for. construction; to install a sign
that identifies Measure C and the Contra Costa Transportation Authority as a funding
source.
SECTION II
AUTHORITY AGREES:
1. In response to COUNTY Request for Appropriation of Funds, to consider
Resolution{s} consistent with this AGREEMENT and consistent with available sales tax
revenues to finance specific work components for the PROJECT, setting forth the level
of funding, purpose, timing, and scope of work to be performed by COUNTY pursuant to
this AGREEMENT. Such resolutions will be incorporated into Exhibit A (attached). To
the extent that available AUTHORITY funds are insufficient to fulfill any request for
Appropriation of Funds hereunder, taking into consideration all AUTHORITY- funding
commitments, such Request shall be deemed a Request for a lesser amount equal to
funds which are available to meet such Request.
2. To.transfer funds to COUNTY for the purposes described in the relevant
resolution in the manner specified as attached in Exhibit B.
3. To provide timely notice if an audit is to be conducted.
SECTION III
IT IS MUTUALLY AGREED:
1. Term: The term of this AGREEMENT will remain in effect until terminated
as provided in Paragraph 2 and 11 hereof.
Cooperative Agrmatcat No.14.00.00
Between Contra Ceuta Transportation Authority
&Contra Costa County
(rcvJan. 17. 1991) 3
IIIS ,
Cooperative Agreement No. 14.00.00 .
2. Termination: This AGREEMENT shall be subject to termination as follows:
a. This AGREEMENT may be terminated for-breach of any obligation, covenant or
condition hereof, upon notice to the breaching party. With respect to .any breach -
which is reasonably capable of being cured, the breaching party shall have 30 days
from the date of the notice to initiate steps to cure. If the breaching party
diligently pursues cure, such party shall be allowed a reasonable time to cure, not
to exceed 60 days from the date of the initial notice, unless a further extension is
granted by the AUTHORITY;
b. By mutual written consent of both parties, this. AGREEMENT may be terminated
at any time;
C. Except as expressly provided herein, this AGREEMENT shall terminate upon
disbursement of amounts- totall-ing the amount set forth in Recital13 above, less
specific AUTHORITY project management costs referred to therein;
d. In the event this AGREEMENT is terminated, payment shall be made by the.
AUTHORITY for all services rendered up to the time of termination, subject to ,any
expenditure limits applicable to this AGREEMENT or the prior agreements referred to
in paragraph 5 of the Recitals -to this AGREEMENT.
3. Indemnity: It is mutually understood and agreed; relative to the mutual
indemnification of AUTHORITY and COUNTY
a. That neither AUTHORITY, nor any officer or employee thereof, shall be
responsible for any damage or liability occurring by reason of anything done or
omitted .to be done by under or in connection with any work, authority -or jurisdiction.
delegated to COUNTY under the AGREEMENT.- It is also understood and agreed that,
pursuant to Government Code Section 895.4, COUNTY shall fully indemnify and hold the
AUTHORITY harmless from any liability imposed for injury as defined by Government
Code Section 810.8 occurring by reason of anything done or omitted to be done by
COUNTY under this AGREEMENT or in connection with any work, authority, or
jurisdiction delegated to COUNTY under this AGREEMENT.
b: That neither COUNTY, nor any officer or employee thereof, shall be
responsible for any damage or liability occurring by reason of anything done or
omitted to be done by AUTHORITY under or in connection with any work, authority or
jurisdiction delegated, to AUTHORITY under the AGREEMENT. It is also understood, and
agreed that, pursuant to Government Code Section 895.4, AUTHORITY shall fully
indemnify and hold the COUNTY harmless from any liability imposed for injury as
defined by Government Code Section 810.8 occurring by reason of anything done or
omitted to be done by AUTHORITY under this AGREEMENT or in connection with any work,
authority, or jurisdiction delegated to AUTHORITY under this AGREEMENT.
C. The provisions of this section shall survive the termination of this
AGREEMENT.
Cooperatme Agr=ment No.14.00.00
Dow=n Contra Costa Transportation Authority
&Coatra Costa Couatp
(rcvJan.17,1491)
Cooperative Agreement No. 14.00.00
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 service, or
by certified or registered mail , return receipt requested, to the addresses set forth
below, or to such addresses which may be specified in writing to the parties hereto.
„ J. Michael Walford Robert K. McCleary
County Public Works Director Executive Director
255 Glacier Drive Contra Costa Transportation Authority
Martinez, CA 94553 2702 Clayton Road, Suite 202
Concord, CA 94519
5. Additional Acts and-Documents: Each party .agrees to do all such things and
take all such actions, and to make, execute and deliver such other documents and
instruments, as shall - be reasonably requested to carry out the provisions, intent and
purpose of the AGREEMENT.
6. Integration: This AGREEMENT represents the entire AGREEMENT of the parties
with respect .to the subject matter hereof, with the exception of the Cooperative
Agreements specifically cited in Paragraph 5 of the Recital Section of this
AGREEMENT. No representations, warranti.es, inducements or oral agreements have been
made by any of the parties except as expressly set forth herein, or in other
contemporaneous written agreements.
7. Amendment: This AGREEMENT may not be changed, modified or rescinded except
in writing, signed by all parties hereto, and any attempt at oral modification of
this AGREEMENT shall be void and of no effect.
8. Independent Agency: COUNTY renders its services under this AGREEMENT as an
independent agency. None of the COUNTY's agents or employees shall be agents or
employees of the AUTHORITY.
9. Assignment: * The AGREEMENT may not be assigned, transferred, hypothecated,
or pledged by any party without the express written consent of the other party.
10. Binding on Successors, Etc. : This AGREEMENT shall be binding upon the
successors, assigns or transferees of the AUTHORITY or COUNTY as the case may be.
This provision shall not be construed as an authorization to assign, -transfer,
hypothecate or pledge this AGREEMENT other than as provided above. '
11. Severability: Should any part of this AGREEMENT be declared
unconstitutional , 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 excised portion, be reasonably interpreted to give
effect to the intentions of the parties.
Cooperativc Agtncmcnt No.14.00.00
Bctwccn Contra Costa Transportation Authority
&Contra Costa County
(rcvJan. 17, 1991) 5
Cooperative Agreement No. 14.0O.00
CONTRA COSTA COUNTY CONTRA COSTA
TRANSPORTATION AU
.
Mior,kf Wal f or Davis
Dir ctor of Publ t Works - Chair
ATTES
by:_
Robe K. M e ry
Executive Di ctor
APPROVED as to legal form and content:
Victor J. Westman, County Counsel by•
St n Fylr
A
Authority Legal Cou el
by: i
Deputy County Counsel
Cooperativc Ap=mcnt No.14.00.00
Bctwcca Contra Costa Transportation Authority
&Contra Costa County
(rcvJan. 17, 1991) 6
�IQ j
Cooperative Agreement No. 14.00.00
COOPERATIVE AGREEMENT NO. 14.00.00
between
the Contra Costa Transportation Authority
and
Contra Costa County
EXHIBIT A
Chronological Listing of Fund Appropriation Resolutions
Project Resolution $ Funds $ Cumulative
Number Number Date Appropriated Total
1401 14.01.01 12-12-89 3,000,000 3,000,000
1401 14.01.01A 06-20-90 400,000 3,400,000 -
1402
,400,0001402 14.02.01 06-20-90 400,000 39800,000
1401 14.01.02 09-27-90 _ 900,000 4,700,000
1401 90-17 12-05-90 500,000 5,200,000
1400- 90-20 12-19-90 30,000 5,230,000
Cooperativc Agrcc=nt No.14.00.00
betwcca Contra Costa Transportation Authority
and Contra Costa County
Exhibit A 1
Cooperative Agreement No. 14.00.00
AGREEMENT NO. 14.00.00
between
the CONTRA COSTA TRANSPORTATION AUTHORITY
and
-CONTRA COSTA COUNTY
EXHIBIT B
Method of Payment
1. COUNTY will submit monthly invoices to the AUTHORITY which includes all
costs of the project for the stated time period.
2. Attached should be.
a. narrative quarterly report;
b. a summary of hours by name of each public agency employee charging
time to the project for the stated time period;
C. all overhead charges including multiplier (if used) incurred by the
public agency;
d. a copy of.invoice summary (detail is unnecessary) of any work
performed by a consultant or contractor. Summary should have
letterhead of consultant or contractor;
e. a list of all other direct costs involved.
3. Request for payment should cite the Fund Appropriation Resolution.
4. AUTHORITY will reimburse the COUNTY within ten working days after receipt
by the AUTHORITY of the monthly invoice.
dp:Coop\14-00-0OAgr
(12.06.90)
s
Cooperative Agreement No.14.00.00
betwcea Contra Costa Transportation Authority
and Contra Costa County
exhibit As
LETTER OF TRANSMITTAL
CONTRA COSTA TRANSPORTATION AUTHORITY
1340 Treat Blvd., Suite ISO
Walnut Creels, CA 94596
(415) 938-3970
fax (41S) 938-3993
To: Date: - a-t- 71
` File No.: �a �,o _I5�-oa.oy
S�3 Re:
Attention: � -
We Are _Per Your _Enclosed _By UPS/Special Delivery For Your' '—Action
Sending Request By Mail _Under Separate Cover Approval
_By Fax 9eview/Comments
_By Messenger vUse/Information
QUANTITY DESCRIPTION
all
REMARKS
�� To: i
ForC. C SP TATTON AUTHORITY
By
1 , 7
ORIGINAI-
COOPERATIVE
AGREEMENT 14.01.02
BETWEEN
CONTRA COSTA TRANSPORTATION AUTHORITY
AND CONTRA COSTA COUNTY
FOR FUNDING RIGHT OF WAY ACQUISITION
FOR THE WIDENING AND LOWERING OF STATE ROUTE 4
AT WILLOW PASS GRADE
This AGREEMENT, entered into on the 20th day of June, 1990, is between the COUNTY
OF CONTRA COSTA, a political subdivision of the State of California,hereinafter referred
to as "COUNTY" and the CONTRA COSTA TRANSPORTATION AUTHORITY,
hereinafter referred to as "AUTHORITY".
RECITALS
A. The voters of the COUNTY approved Measure C, a one-half cent sales tax,
in an election in November 1988. The State Route 4 widening project between Willow Pass
Road in Concord and at least Railroad Avenue in Pittsburg, and the BART rail extension
from Concord to North Concord and eastern Contra Costa are included in the Expenditure
Plan approved by the voters. The State Route 4 widening between Willow Pass Road in
Concord and Bailey Road in West Pittsburg and lowering of the Willow Pass Road portions
of the projects are collectively referred to herein as the "PROJECT'.
B. AUTHORITY and COUNTY do mutually desire to set forth the terms and
conditions for COUNTY to acquire right of way for the PROJECT and its funding which
is to be accomplished within the scope of this Agreement.
C. The estimated cost for right of way acquisition for the PROJECT is two
million six hundred thousand dollars ($2,600,000), which sum includes nine hundred
thousand dollars ($900,000) for hardship acquisition.
D. Due to cash-flow constraints at this time the AUTHORITY can only approve
the hardship acquisition funding of nine hundred thousand dollars ($900,000). The
additional funds will be requested prior to March 1991 at the completion of the Subsequent
EIR and the appropriate amendment to this AGREEMENT will be processed.
E. AUTHORITY and COUNTY contemplate entering into additional separate
but related cooperative agreements for utility relocation and construction of the PROJECT.
AGREEMENT
NOW, THEREFORE, for and in consideration of their mutual promises and
agreements, and subject to the terms, conditions, covenants and provisions hereinafter set
CO-OP AGREEMENT 14.01.02
forth, the AUTHORITY and COUNTY do hereby agree as follows:
SECTION I
COUNTY AGREES:
1. To provide technical direction for and acquire right of way for PROJECT
consistent with Caltrans standards and the funding provided by the AUTHORITY.
2. To provide COUNTY staff throughout the right of way acquisition process as
necessary. COUNTY shall either employ staff on COUNTY payroll or hire and supervise
consultants to perform right of way acquisition. Right of way acquisition includes notices
to property owners, appraisals, negotiations, land rights document preparation, escrow
instructions, right of way certification decision to commence condemnation action, and
condemnation assistance to legal staff as well as cost of Legal Counsel. All right of way
acquisition services, whether provided by COUNTY staff or by consultants retained by the
COUNTY, shall be charged to the COUNTY and subject to reimbursement by the
AUTHORITY only to the extent that such services are provided on a time and materials
basis,without override or surcharge by the COUNTY. Staff time charges shall be the actual
COUNTY base labor charge out rate, which includes fringe benefits, plus appropriate
overhead, as approved by the County Auditor Controller. In addition, the AUTHORITY
will reimburse necessary and reasonable direct costs incurred by the COUNTY, its staff and
consultants to carry out its obligations hereunder. The foregoing are referred to herein as
"allowable PROJECT costs".
3. To enter into separate cooperative agreements with Caltrans to identify
PROJECT responsibilities regarding condemnation of necessary right of way.
4. To review each month a copy of each invoice, statement or other expenditure
document related to right of way acquisition, and to pay such allowable PROJECT costs
directly after reasonable review.
5. After review, approval, processing for payment, and payment of such costs, to
submit an invoice to AUTHORITY for reimbursement of such allowable PROJECT costs.
6. Upon the earlier of cessation of work pursuant to paragraph 1 of Section III
below or the completion of right of way acquisition and settlement of all claims and bills,
to prepare and deliver to AUTHORITY a final right of way acquisition expenditure report
which includes a detailed statement of the total costs incurred.
7. To retain during the term of the Agreement and for a period of five (5) years
following the earlier of its termination or completion of right of way acquisition, all books
and records related to expenses for which reimbursement has been requested, and to make
such records available for review and copying by the AUTHORITY and its authorized
CO-OP AGREEMENT 14.01.02 2
l
representatives and gents, upon reasonable notice given by AUTHORITY to COUNTY
during the term of this Agreement and during the period of such record retention.
8. To follow the applicable policies and procedures required by the Federal
"Uniform Relocation and Real Property Acquisition Policies Act," and related applicable
policies, procedures and regulations.
9. To reimburse the AUTHORITY of the actual sales price for any property
acquired with Measure C funds which is subsequently determined to not be required for
completion of the PROJECT ("surplus" property).
SECTION II
AUTHORITY AGREES:
1. Subject to the expenditure cap set forth in paragraphs 1 and 2 of Section III
below, to reimburse COUNTY within 10 working days (for purposes of this Agreement, a
"working day" is any Monday through Friday, excluding any holiday observed by the
COUNTY or the AUTHORITY)after receipt by the AUTHORITY of the monthly invoice
from COUNTY of allowable PROJECT costs.
2. Subject to completion of negotiations satisfactory to AUTHORITY, to enter
into separate cooperative agreements with BART, Caltrans and the COUNTY regarding
PROJECT construction funding.
SECTION III
IT IS MUTUALLY AGREED:
1. The AUTHORITY's obligation to reimburse right of way acquisition costs
pursuant to this Agreement shall in no event exceed the sum of nine hundred thousand
dollars ($900,000) unless this Agreement is amended to increase such amount. The sum of
nine hundred thousand dollars ($900,000) as amended from time to.time by amendment to
this Agreement is referred to herein as the "expenditure cap". If at any time it is
determined that the cost of right of way acquisition agreed to be reimbursed by the
Authority pursuant to this Agreement shall exceed or has exceeded the expenditure cap, the
parties agree to negotiate to consider an increase in the amount which the AUTHORITY
agrees to reimburse. Unless the parties agree otherwise, if the parties have not entered into
an amendment within 15 working days from the date of notice from the COUNTY to the
AUTHORI'T'Y that the agreed-upon expenditure cap will be or has been exceeded, the
COUNTY will cease work on the PROJECT and all allowable PROJECT costs incurred to
date, up to the expenditure cap, will be subject to reimbursement by the AUTHORITY.
2. Section III, Paragraph 1 notwithstanding, if through a condemnation action an
CO-OP AGREEMENT 14.01.02 3
award has become final and non-appealable, which award together with all other amounts
paid or payable pursuant to this Agreement to the date of such award, exceeds the
expenditure cap,both parties agree that the expenditure cap shall be increased in an amount
sufficient to cover such award together with any accrued, and unpaid legal and other
expenses related to such award to the date of such award.
3. Any amounts within an agreed upon expenditure cap not used to reimburse
the COUNTY for allowable PROJECT costs shall be retained by the AUTHORITY and
may be reallocated to other projects or purposes in the sole discretion of the AUTHORITY
and without limitation under this Agreement.
4. All work product produced by the COUNTY,its staff and consultants pursuant
to this Agreement and included within allowable PROJECT costs, including but not limited
to copies of appraisal reports, property acquisition files and supporting documentation shall
be the property of the AUTHORITY and, if requested, shall be delivered to the
AUTHORITY upon completion of the PROJECT or earlier termination of this Agreement.
5. It is the intention of each of the parties hereto to indemnify and hold harmless
the other party and to provide for insurance against certain liabilities and damages in
accordance with and subject to applicable law. Accordingly:
(a) Neither COUNTY, nor any officer or employee thereof shall be
responsible for any damages or liability occurring by reason of anything
done or omitted to be done by AUTHORITY under this Agreement.
It is also understood and agreed that, pursuant to Government Code
Section 895.4,AUTHORITY shall fully indemnify and hold COUNTY
harmless from any liability imposed for injury (as defined in
Government Code Section 810.8) occurring by reason of anything done
or omitted to be done by AUTHORITY pursuant to this Agreement.
(b) Neither AUTHORITY nor any officer or employee thereof shall be
responsible for any damages or liability occurring by reason of anything
done or omitted to be done by COUNTY under this Agreement. It is
also understood and agreed that, pursuant to Government Code
Section 895.4,COUNTY shall fully indemnify and hold AUTHORITY
harmless from any liability imposed for injury (as defined in
Government Code Section 810.8) occurring by reason of anything done
or omitted to be done by COUNTY pursuant to this Agreement.
(c) COUNTY,through separate agreements with consultants,shall require
each consultant awarded a contract pursuant hereto, to secure and
maintain, in full force and effect at all times during the duration of the
contract, comprehensive general liability insurance, including blanket
contractual (or contractual liability) coverage, broad form property
CO-OP AGREEMENT 14.01.02 4
damage coverage, and coverage for owned and non-owned
automobiles, in forms and limits of liability satisfactory to
AUTHORITY and COUNTY, naming AUTHORITY and COUNTY
and their respective officers and employees as additional insured, from
and against all damages due to bodily injury, sickness or disease, or
death to any person, and damage to property, including the loss of use
thereof, arising out of each accident or occurrence.
The aforementioned policies shall contain a provision that the
insurance afforded thereby to the AUTHORITY and COUNTY and
their respective officer and employees, shall be primary insurance to
the full limits of liability of the policy, and that if AUTHORITY or
COUNTY or their respective officers and employees have other
insurance against a loss covered by such policy, such other insurance
shall be excess insurance only.
(d) COUNTY,through separate agreements with consultants,shall require
each consultant awarded a contract pursuant hereto, to defend,
indemnify, save and hold harmless AUTHORITY, COUNTY, their
boards, officers and employees from any and all claims, costs and
liability for any damages, injury or death arising directly or indirectly
or indirectly from, or connected with, the consultant's services and due
to, or claimed or alleged to be due to, negligence or willful misconduct
of the consultant, its employees, subcontractors, or any person under
its direction or control, save and except claims or litigation arising
through the sole negligence or sole willful misconduct of
AUTHORITY or COUNTY, and to make good to and reimburse
AUTHORITY and COUNTY for any expenditures, including
reasonable attorney's fees, AUTHORITY or COUNTY may make by
reason of such matters, and if requested by AUTHORITY or
COUNTY, to defend any such suits at the sole cost and expense of the
consultant.
Nothing in this paragraph or this Agreement is intended, nor shall it have the effect of
altering tthe standard of care due third parties by either party.
6. This agreement may be modified or amended only upon the consent of both
parties in writing. Neither party shall unreasonably withhold its consent to the
implementation and accomplishment of the overall purposes for which this Agreement has
been made, provided that, the preceding notwithstanding, the AUTHORITY shall have the
right to withhold its consent to an amendment to the Agreement to alter the expenditure
cap for any reason except as provided otherwise in paragraph 2 of this Section III.
7. This Agreement shall expire upon completing of the report of final costs the
CO-OP AGREEMENT 14.01.02 5
delivery of any work product requested by the Authority pursuant to Section III, paragraph
4, and the payment of funds between the AUTHORITY and COUNTY provided that,
indemnity. and insurance provisions contained in Section III, Paragraph 5 shall survive
expiration of this agreements.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and
year set forth above.
COUNTY OF CONTRA COSTA CONTRA COSTA
TRANSPORTAT`19A7JORITY
y.
Chair, Board o upervisors Tayl r Davis, Chairperson
ATTEST: ATTEST:
Phil Batchelor, By: F, Al,-
Clerk of the Board of Supervisors Robert C. McCle ry,
and County Administrator Executive Director
By: Z&"
Deputy
Recommended for Approval
J. Michael Walford
Public Works Director
By:
Df
Form Approved: Form Approved:
Victor J. Westman, County Counsel
By: By:
Deputy Authority Coun el
WF.eh
a:cctarw.agn
(6/90)
dpCQOP:14-01.02
CO-OP AGREEMENT 14.01.02 6
� -7
TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: July 31, 1990
SUBJECT: Approve Cooperative Agreement With Contra Costa Transportation Authority To Fund
Right Of Way Acquisition For State Route 4 Willow Pass Grade Widening And Lowering
Project No.:4660-6X4107.
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) &BACKGROUND AND JUSTIFICATION
1. Recommended Action:
Approve and Authorize the Chair to execute the Cooperative Agreement with Contra Costa
Transportation Authority (CCTA) to fund Right of Way Acquisition for the State Route 4 Willow.
Pass Grade Widening and Lowering Project.
11. Financial Impact:
There will be no impact.to the County General Fund. The estimated cost for the Hardship
acquisition is estimated to be $900,000: The funds will come from CCTA as part of Measure C
project allocations.
111. Reasons for Recommendations and Background:
Right of way acquisition for this project is scheduled to commence by April 1991, after certifica-
ton of the Subsequent EIR. Mr. Charlie Walker's property and house will be acquired inorder
to construct the new interchange at Willow Pass Road east.
On May 25, 1990, Mr. Walker requested by letter that the County acquire his property under the
hardship acquisition provisions of the Advance Acquisition, Chapter 460 of the State of
California, Department of Transportation, Right of Way Procedures Handbook, Volume 4A. The
County, Caltrans and CCTA have agreed to the advanced acquisition. The County on behalf
of CCTA has also applied to Caltrans and FHWA for reimbursement of the right of way funds
as part of the Federal Highway Demonstration Project identified in the Federal Highway Act of
1987.
Continued on Attachment: X SIGNATURE: �,�
/-7
Cooperative Agreement With Contra Costa Transportation Authority.
July 31, 1990
Page 2
III. Reasons for Recommendations and Background (cont.): .
A fa.... at-... OCtrf
{ .. ORIGINAL
Cooperative Agreement No. 21.00.02
COOPERATIVE AGREEIMENT
BETWEEN
THE CONTRA COSTA TRANSPORTATION AUTHORITY
AND
SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT
THIS AGREEMENT is made and entered into effective this 20 day of May. 1992, by and
between the SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT hereinafter referred
to as "BART" and the CONTRA COSTA TRANSPORTATION AUTHORITY hereinafter
referred to as "AUTHORITY". -
RECITALS
A. AUTHORITY and BART, pursuant to the Contra Costa Transportation
Improvement and Growth Management Program adopted on August 3, 1988 and approved by
the voters of Contra Costa County in November 1988 as Measure C, hereby enter into a
Cooperative AGREEM]ENT for transportation improvements in east Contra Costa County.
B. BART desires transportation improvements consisting of BART rail extension
from the existing Concord Station to the vicinity of Bailey Road/West Pittsburg in Eastern
Contra Costa County, known as the Phase I Extension, and•from there east toward and to
Avenue/East Antioch, known as the Phase II Extension. Phase I is hereinafter referred to as the
"PROJECT". The PROJECT and Phase II Extension are eligible under the terms of the
Expenditure Plan of the Transportation Improvement and Growth Management Program.
C. AUTHORITY is committed to make available Measure C revenues, and BART
is committed to supplement Measure C funds with revenues from other sources, all as set forth
below.
Cooperative Agreement No. 21.00.02
Page 1 of 17
5-18-92
E:
3
a
SECTION I - PRINCIPLES OF AGREEMENT
TT IS M =ALLY AGREED.-
1.
GREED:1. PRINCIPLE #1: AUTHORITY will commit $178 million (1988 dollars) for
East County Rail(BART) Extension expenditures over the life of Measure C, between now
and 2009.
By way of clarification, "now" refers to the operative date of the Measure C ordinance:
April 1989.
All obligations of AUTHORITY under the terms of this AGREEMENT are expressly
subject to the AUTHORITY's continued authorization to collect and expend the sales tax
proceeds provided by MEASURE C. If for any reason the AUTHORITY's right to collect or
expend such sales tax proceeds is terminated or suspended in whole or part, the AUTHORITY
shall promptly notify BART, and the parties shall consult on a course of action. If, after twenty
five(25)working days,a course of action is not agreed upon by the parties, this AGREEMENT
shall be deemed terminated by mutual or joint consent; provided, that any further obligation to
fund from the date of the notice shall be expressly limited by and subject to () the lawful ability
of the AUTHORITY to expend sales tax proceeds for the purposes of the AGREEMENT; and
(ii) the availability, talang into consideration all the obligations of the AUTHORITY under all
outstanding contracts, agreements or other obligations of the AUTHORITY, of funds for such
Purposes-
2. PRINCIPLE Oft:BART and AUTHORITY acknowledge that should all of the
funding sources envisaged in MTC Resolution 1876 materialize (New Rail Starts and
Extensions), not all of this amount will be necessary to complete the Phase I Extension to
Bailey Road. (Assuming the current budget estimate of$506 million, plus approximately
$5 million in debt service (escalated).does not change.) The balance will be available to
help construct the Phase R Extension further into East County to Hillcrest.
By way of clarification, "available" means "will be committed as provided in Principle
W. As of the effective date of this AGREEMENT, BART's estimate of its debt service is
approximately $24 million, not the $5 million cited above.
3. PRINCIPLE 03: AUTHORITY may set aside up to 1 1/2 percent of this
amount to cover overall Measure C program management.
By way of clarification, program management costs consist only of the portion of the
salaries and benefits of AUTHORITY'S Executive Director and staff and salaries and overhead
Cooperative Agreement No. 21.00.02
Page 2 of 17
5-18-92
of program management consultants engaged by AUTHORITY which is directly related to work
regarding the PROJECT, and a prorata share of program management costs charged by
AUTHORITY—adopted policy to all project funding categories by AUTHORITY. At BART's
request, AUTHORITY shall promptly provide BART with reasonably detailed information
regarding such costs as estimated and as actually incurred. The costs, up to the$2.67 million
(1988 dollars) maximum (1 1/2 percent of$178 million), will be deducted from the balance of
the $178 million commitment and not from the CCTA PROJECT FUNDS as defined in
paragraph 5.
4. PRINCIPLE #4: Near term financial commitments will be made consistent
with AUTHORITY'S Strategic Plan, as adopted or amended.
By way of clarification, it is AUTHORITY'S intent to update the Strategic Plan on a
biennial basis to maintain a 7-8 year programming "window". At the time of such updates the
AUTHORITY will consider appropriate programming amounts for the PROJECT for the
additional two years that will be added into the Plan at that time. AUTHORITY will consult
with BART as to the appropriate funding amounts that could be added into the Plan. BART
understands that prompt response to AUTHORITY-requested information is vital to receiving
favorable consideration.
5.. PRINCIPLE#5: The 1991 Strategic Plan commits Authority to provide$120
million (1988 $) for BART expenditures through Fiscal Year 1997, on a cash basis as
follows:
Year $ billions
Fiscal Year 1991: '$ 4.500
Fiscal Year 1992: 46.108
Fiscal Year 1993: 49.438
Fiscal Year 1994: 16.499
Fiscal Year 1995: 3.455
Total• $120.000
Should any funds remain at the close'of a particular Fiscal Year, such funds will be
"rolled over" to the following Fiscal Year.
By way of clarification, when disbursements of Measure C funds are made to BART
under this AGREEMENT for the PROJECT, they shall be adjusted to their 1988 dollar
equivalent in the following manner. promptly after the June 30 end of each Fiscal Year the total
Cooperative Agreement No. 21.00.02 .
Page 3 of 17
5-18-92
l '
disbursements received by BART for eligible tasks completed during that year shall be multiplied
by an adjustment factor determined by dividing 117.8 (i.e., the average CPI,INDEX for Fiscal
Year 1988, ending June 30, 1988)by the average CPI INDEX for that year. AUTHORITY will
make such calculations and provide them to BART. If the CPI INDEX is revised or
discontinued, the parties shall convert to the revised index or adopt the successor index in
accordance with guidelines therefore issued by the federal government. As used herein, CPI
INDEX means the Consumer Price Index for All Urban Consumers for the. San
Francisco/Oakland/San Jose Metropolitan Area, All Items, 1982-84 Equals 100, published by
the United States Department of Labor, Bureau of Labor Statistics.
[For example, if BART receives disbursements of$8.3 million for tasks completed in
Fiscal Year 1990 and the average CPI INDEX for that year is 128.7, dividing 117.8 by 128.7
yields an adjustment factor of 0.92 (based on the first two decimal places of 0.9153069, with
rounding) which, when multiplied by $8.3 million, yields $7,636,000.]
At the conclusion of the PROJECT, the total disbursements made by AUTHORITY,
adjusted to their 1988 dollar equivalents in the manner described above, will be deducted from
the AUTHORITY's overall c6mmitment of$178 million to the East County Rail Exfension. The
balance, less AUTHORITY's program management costs, will be committed as provided in
Principle #1 for Phase IL
This specific AGREEMENT details an initial amount of $120 million (1988 dollars)
hereinafter "CCTA PROJECT FUNDS", for the PROJECT. CCTA PROJECT FUNDS may be
increased by an amendment to this AGREEMENT, but will not be decreased by finance costs
resulting from AUTHORITY'S issue of bonds. As of the effective date of this AGREEMENT,
it is the AUTHORITY'S intent to absorb the financing costs resulting from the issue of revenue
bonds by utilizing a portion of its un-allocated contingency reserve. However, should the
Measure C sales tax receipts be less than the official forecast prepared by DeLoitte Touche, as
described ,in Table 5.1 of the Strategic Plan, the contingency reserve would be less than
originally projected, therefore the AUTHORITY reserves the right to charge a portion of
BART's share of financing costs, (not to exceed $15 million in 1988 dollars), against the
remaining$58 million balance of the$178 million commitment. The parties recognize that the
AUTHORITY's decision to issue long term debt through a bond issue was predicated in part
upon BART's assurances that the timetable incorporated in the Strategic Plan was reasonable.
However, future circumstances may result in BART being unable to expend all of the CCTA
PROJECT FUNDS consistent with the time frames implied in this paragraph. In such
circumstances,ces, the AUTHORITY will use its best efforts to program and expend, on a time
frame consistent with that envisaged in this paragraph, a portion of the funds derived from the
AUTHORITY's bond issue and programmed for the PROJECT, on other eligible Measure C
project(s). To the degree that the AUTHORITY is successful in achieving this objective, it will
reduce BART's potential liability for its share of the financing costs of the bond issue
accordingly.
Cooperative Agreement No. 21.00.02
Page 4 of 17
5-18-92
OCTA PROJECT FUNDS are the minimum commitment of AUTHORITY for the
PROJECT and shall not be decreased by amendment of the Strategic Plan or otherwise except
as provided in paragraphs 11, 13 and 17 hereof. As noted in Principle #4, the AUTHORITY
and BART may _mutually agree to adjust annual programmed amounts in the Strategic Plan
amendments. These amendments will not reduce the CCTA PROJECT FUNDS commitment
for Phase I. Disbursements of Measure C funds made to BART under this paragraph shall be
adjusted to their 1988 dollar equivalent in the manner set forth above, and then deducted from
the CCTA PROJECT FUNDS . If the Fiscal Year amount for a given year were projected to
be exceeded, BART may request an increase in such amount pursuant to paragraph 6,hereof.
Should the AUTHORITY disburse funds in a particular fiscal year that exceed the programmed
amount, then the excess shall reduce the fiscal year amount for the following fiscal year. (For
example, if disbursements to BART exceed the $49.438 million for Fiscal Year 1993 by $2
million (1988 dollars), the excess shall reduce the $16.499 for Fiscal Year 1994 to $14.499
million.]
The $4.5 million for now-ended Fiscal Year 1991 will be reduced by the-1988 dollar
equivalent of the funds which AUTHORITY disbursed to BART for tasks completed during that
Fiscal Year under the January 16, 1991 Final Design Agreement. The balance of the $4.5
million is added to the$46.108 million for Fiscal Year 1992. The Fiscal Year 1992 amount will
be reduced by the disbursements for final design made by the AUTHORITY from July 1, 1991
through the effective date of this AGREEMENT.
6. PRINCIPLE #6: In accordance with Principle #1, should financial
dmumctances result in the West Pittsburg Extension requiring supplemental funds in excess
of the amounts committed in the then-current Strategic Plan, or on a different time frame,
AUTHORITY will amend the Strategic Plan. The amendment will take into account
AUTHORITY'S overall project funding needs. In this amendment, both BART and
AUTHORITY will examine the overall funding needs in light of the amounts programmed
in the Strategic Plan, _Principles 1, 14 and 17, and take appropriate steps to minimize
adverse financial implications for the projects.
By way of clarification, any such amendment shall be mutually agreeable to the
AUTHORITY and BART.
7. PRINCIPLE#7: Of this total,AUTHORITY will directly fund BART's share
of the Route 4, Willow Pass Grade Lowering and Bailey Road Interchange projects,
including BART civil structures that are part of the Caltrans contract, through
AUTHORITY funding of design, right of way, utility relocation, etc. and a joint
cooperative agreement for construction between Caltrans, AUTHORITY, and BART.
BART's share of those costs will be mutually agreed upon and covered in a separate
Cooperative Agreement No. 21.00.02
Page 5 of 17
5-18-92
agreement between AUTHORITY and BART.
[Note: The parties prefer that BARrs share of the highway projects be funded
directly by AUTHORITY. However, should the Measure C funds be necessary to show as
a match for Proposition 108, 116 or TCI funds, AUTHORITY will, for accounting
purposes, pass the BART share of the highway project "through" BART.]
By way of clarification, rather than the separate agreements envisaged in the above
principle, there will be two separate joint cooperative agreements for construction and two
separate cost sharing attachments to this agreement, one set for Willow Pass, (Attachment #l,
which is incorporated herein by this reference as though set forth at length), and one set for
Bailey Road, (Attachment#2 which is to be incorporated by reference as though set forth in full,
which incorporation shall not constitute an amendment to this AGREEMENT). If BART's share
of 0 such costs exceeds the $52.5 million (1988 dollars) now contemplated in the Strategic
Plan, AUTHORITY will increase the CCTA PROJECT FUNDS committed to BART under
paragraph 5 hereof by such excess in the fiscal year(s) that the funds are needed. As of the
effective date of this AGREEMENT, the Strategic Plan assumes that of the CCTA PROJECT
FUNDS, BART's share of the Willow Pass Grade and Bailey Road interchanges is estimated at
(m 1988 dollars) $26.536 million and $25.915 million respectively.
Disbursement of Measure C funds by the AUTHORITY for BART's share of the two
highway projects cited above will cause the availability of the Fiscal Year programmed amounts
cited in paragraph 5 to be depleted. Depletion of the programmed amounts will be consistent
with the two Cost Sharing Attachments to this Agreement. Upon execution of each Cost Sharing
Attachment, the AUTHORITY may deduct, from the then current fiscal year programmed
amount,BART's share of the highway environmental,right-of-way utility relocation, and design
costs expended to date.
8. PRINCIPLE#8:Subsumed within the overall commitment is the$14.4 million
(escalated dollars) already committed by previous cooperative agreement for partial design
of the Extension.
By way of clarification, the January 16, 1991 Final Design Agreement is hereby
subsumed within this AGREEMENT, and the funds disbursed thereunder, as referred to in
paragraph 5 hereof, shall be treated as if disbursed under this AGREEMENT.
Cooperative Agreement No. 21.00.02
Page 6 of 17
5-18-92
y i
9. PRINCIPLE #9: The remaining funds available, after subtracting the $14.4
million (escalated dollars) above for final design, and the BART share of Willow Pass
Grade and Bailey Road Interchange projects, together with an additional$35.5 million in
Proposition 116 funds,are available for vehicles, right of way acquisition, utility relocation,
systems procurement, and construction,preferably in the North Concord Extension area.
The following project components are eligible for reimbursement:
Component Estimated Prop 108. 116 & Measure C
Right of Way Acquisition $50M
Train Control 30M
Traction Power and Trackwork 24M
Line Section from Concord to SOM
North Concord
Tail Track from North Concord 10M
Station to Route 4
North Concord Station 21M
185M -
AUTHORITY recognizes that proposed application of Measure C funds may change,
however BART'must demonstrate compliance with the above uses of funds, and seek an
amendment to this AGREEMENT if additional components are to be funded with Measure
C.
By way of clarification, as noted in paragraphs 5 and 8 hereof the amount deducted as
a result of the now subsumed final design agreement is that set forth in paragraph 5, not$14.4
million. The Measure C funds referred to in this paragraph are also available for, and the listed
eligible PROJECT components also include $12 million for vehicles and $6 million for the
Concord yard south leads, utility relocation of $1 million, and $18 million for engineering.
Following a written request from General Manager of BART, the Executive Director of the
AUTHORITY may permit shifts in Measure C funds from one of the eligible PROJECT
components to another, providing that the Measure C funds assigned to any of the above cited
PROJECT components do not exceed the amounts specified above by more than 10%, if the
overall amounts fit within the plan referred to in paragraph 22a hereof. The eligible components
relate only to the PROJECT. Inclusion of additional eligible PROJECT components would
require an amendment to this AGREEMENT. Expenditure of Measure C funds on the Phase
11 Extension will be the subject of an amendment to this AGREEMENT.
BART will establish an internal accounting report to keep track of the disbursement of
the various fund categories detailed in paragraph 12 to cover expenditures for each major
PROJECT element (preliminary engineering, final design, systems & standards, right-of-way,
Cooperative Agreement No. 21.00.02
Page 7 of 17
5-18-92
etc.) since July 1, 1990. BART will prepare a monthly report which compares actual
expenditures against the commitments identified in paragraph #12.
In order to expedite the development of Standards and Systems, BART may initially
charge a disproportionate share to fund sources earmarked for the PROJECT. However,
whenever an extension enters final design, the new extension will immediately be charged its
share of the Standards and Systems costs incurred to date and a corresponding amount will be
credited against the specific fund sources earmarked for the PAX extension that actually financed
the Standards and Systems.
The procedures set forth in Exhibit E will apply to the degree that BART requests
AUTHORITY to finance final design of systems and Standards. AUTHORITY will pay only
for its proportionate share assuming that other BART extensions included in MTC's Resolution
1876 benefit from the Systems and Standards.
10. PRINCIPLE #10: Expenditures by BART shall be on a reimbursable_ basis,
with invoices tied to specific expenditureswith AUTHORITY possibly providing a one-
month advance if appropriate for construction, and depositing directly into escrow where
appropriate for right of way acquisition.
By way of clarification, the procedure for AUTHORITY disbursement of funds to BART
is detailed in paragraphs 25(a)and 26 of this AGREEMENT. With respect to funding right-of-
way, the AUTHORITY's bond indenture will prevent deposit of bond proceeds into an escrow
account, unless any interest earned on the escrow account is restricted so that it cannot exceed
the yield on the AUTHORITY's bonds. To the extent that AUTHORITY, pursuant to a request
from BART, funds right-of--way escrows, BART specifically agrees to comply with such
restrictions on investment yield.
11. PRINCIPLE#11:AUTHORITY and BART endorse the underlying financial
assumptions and .principles embodied in MTC Resolution 1876 (New Rail Starts and
Extensions Program) as amended on February 27, 1991, as it applies to Contra Costa
County.
By way of clarification, should additional funds from other sources become available, or
should the already-included fund sources increase, in accordance with footnote 11 of Table 1 of
attachment A to MTC Resolution 1876, amended 2/27191, the CCTA PROJECT FUNDS
Programmed for the PROJECT will decrease with the balance committed as provided in
Principle#1 to the Phase 11 Extension. Principle (paragraph) 13 of this AGREEMENT is also
relevant to this understanding.
Cooperative Agreement No. 21.00.02
Page 8of17
5-18-92
12. PRINCIPLE #12: Assuming that all of the revenue sources that Resolution
1876 envisaged become available, over the life of the Measure C program the range in
project costs to reach Bailey Road will be:
Phase I to Bailey Road
Range of finding (Escalated $ millions)
AUTHORITY Estimate
based on BART's
AM Proposition 116
Fund Source Resolution 1876 application
BART Funds ,. 45.8 40.0
San Mateo (Buy-in& "wash") 97.0 97.0
State TCI "Wash" 37.2 42.7
Tolls 49.8 49.8
TCl/ART XIS 62.5 57.1
Prop 108 35.0 - 35.0
Prop 116(a) 35.5 35.5
Measure C 18 .5 153.6
Total(b) 552.3 510.7
Range for Measure C: $154 to $190 million.
(a)Resolution 1876 assumes that the full$37 million in Proposition 116 funds
would be eaanarked for the Phase I Extension to Bailey Road,
AUTHORITY has committed$35.5 million.
(b) The total project costs both assume $5 million in debt service.
By way,of clarification, the figures used in this paragraph are all estimates. It is
anticipated that$70 million of the$97 million shown above as possibly coming from San Mateo
will be received after the PROJECT is completed, a fact which the report contemplated by
paragraph 22(a)hereof shall be allowed to accommodate, such as via a BART commercial paper
Program float. The parties acknowledge that the$510.7 million estimate includes, (as BART's
share of the Willow Pass Grade Lowering and Bailey Road Interchange projects), substantially
less costs than currently estimated for completion of the two projects.
13. PRINCIPLE#13:Should the project costs for the Phase I Extension to Bailey
Road exceed those anticipated in Resolution 1876, Measure C would be an appropriate
funding source up to a maximum available of$178M(1988$). Should the project costs be
less than those anticipated in Resolution 1876,Measure C contribution to reach-Miley Road
Cooperative Agreement No. 21.00.02
Page 9 of 17
5-18-92
would be adjusted downward to reflect the lesser cost. The balance of Measure C funds
are reserved for the Phase II Extension beyond Bailey Road.
By way of clarification, "reserved" means "will be committed as provided in Principle
14. PRINCIPLE #14: Because of cash flow constraints, AUTHORTII'Y is willing
to make an early up front financial commitment disproportionate to its overall share.
However as BART accesses the other sources of funds,specifically the San Mateo "buy in"
funds,the SFO "wash",and TCI,AUTHORITY'S proportionate share will be reduced such
that,at the completion of the Extension to Bailey Road, AUTHORITY'S expenditure share
would not exceed the range depicted in Principle #12 (above).
15. PRINCIPLE#15: BART acknowledges that all Measure C funds committed
by AUTHORITY and all of the funds committed under Resolution 1876 from other sources
for Contra Costa, shall be used for Contra Costa County, specifically on the East County
Rail Extension.
By way of clarification, this AGREEMENT only concerns the use of Measure C funds
from the East County Rail Extension project category. It does not, for example, concern
funding from the BART Parking project category.
16. PRINCIPLE#16:BART will actively seek commitment and programming of
each of the funding sources included in MTC Resolution 1876,as it applies to Contra Costa
County, and SB1715 (Boatwright) for the East County rail Extension. Funding sources
include (1) BART Reserves, (2) San Mateo "buy in", (3) State TCl/ART = funds,
including those "washed" through the San Francisco Airport Extension, (4) Bridge Tolls,
(5)Proposition 148 rail funds. The range of the escalated funds is depicted in Principle#12
(above).
By way of clarification,BART will exercise due diligence to ensure that it complies with
current and future statutes and regulations pertaining to the several fund sources envisaged for
the east Contra Costa extension. It will further exercise due diligence in applying for and
drawing down such funds.
17. PRINCIPLE#17:Should a major change in the overall financial plan implicit
in Resolution 1876 occur, then AUTHORITY and BART will jointly determine the phasing
and timing of the East County BART rail Extension.
Cooperative Agreement No. 21.00.02
Page 10 of 17
5-18-92
18. PRINCIPLE #18: BART's debt service for its "commercial paper" program
will qualify as an eligible BART project expenditure for the purposes of the above funding
table.
By way of clarification, since AUTHORITY intends to reimburse BART with bond
proceeds, it will be unable to reimburse for BART'S debt service on its "commercial paper
program." However, AUTHORITY is supportive of BART'S intent to issue short term debt.
If AUTHORITY reimburses BART with bond proceeds, it will not reimburse BART's debt
service on its commercial paper program because to do so would yield adverse tax consequences.
Anything to the contrary in the foregoing notwithstanding,the AUTHORITY shall have the right
to fund its obligations hereunder with bond proceeds, sales tax proceeds, or otherwise, provided
that the use of sales tax proceeds for the payment of any obligation hereunder shall not obligate
the AUTHORITY to use sales tax proceeds for any other purpose.
19. PRINCIPLE #19: The Proposition 116 funds will require a joint
BART/Authority application to the CTC, for project specific costs to be covered.
Byway of clarification, the joint application was submitted to the CTC on July 25, 199 L.
The AUTHORITY approved BART as the designated recipient of$35.5 million in Proposition
116 funds on March 18, 1992.
20. PRINCIPLE #20: AUTHURM and BART will.continue to work with the
CTC to ensure that the full amount of Proposition 108 and 116 bonds, approved by the
voters, are issued by the state.
21. PRINCIPLE#21: BART shall apply for State/Local Partnership funds when
eligible.
By.way of clarification, the State Local Partnership funds are those provided by Streets
and Highways Code Section 2600. BART will apply on an annual basis for Partnership funds
and provide a copy of all such applications to AUTHORITY. To the extent that BART receives
Partnership funds for the PROJECT, they will be credited to the PROJECT, in such a manner
that the overall commitment of non-Measure C funds identified in paragraph #12 is not
diminished.
The funds will be credited to a BART capital account specific to the PROJECT'. These
funds will be expended as quickly as possible on the PROJECT so as to delay charges to CCTA
PROJECT FUNDS under this AGREEMENT as long as possible. BART will include the capital
Cooperative Agreement No. 21.00.02
Page 11 of 17
5=18-92
account status in the CPR-200 (Capital Program Report) and the BART Capital Extensions
Program Financial Status Report required under Exhibit B of this AGREEMENT.
22. PRINCIPLE #22: BART will prepare and submit the following reports:
a) BART will prepare and update on a quarterly basis an overall financial plan
for the Phase I Extension.to Bailey Road indicating escalated costs and
sources of funds.
b) BART will prepare and update on a quarterly basis a funding matrix for
upcoming construction contracts,right-of-way acquisition and procurements.
The funding matrix will depict, by.month, the expected drawdown of each
fund source.
c) BART will prepare and update on a quarterly basis a drawdown of proposed
Measure C disbursements by month in accordance with attached_ EXHIBIT
A.
The Executive Director will review and comment on these submittals.
By way of clarification, such reports will be prepared and forwarded to AUTHORITY
at the beginning of each calendar quarter, and will also include the disbursement report cited in
paragraph 9 of this AGR . BART will also submit,along with the reports cited in this
paragraph, the latest master schedule for the PROJECT showing the current status.
23. PRINCIPLE#23:BART staff will meet on a regular basis, or upon request,
to review AUTHORITY staff comments on the overall progress, design and funding of the
Extension. BART will respond to AUTHORITY staff comments.
24. PRINCIPLE#24: Funds from sale of surplus R-O-W shall be reimbursed to
AUTHORITY or successor agency in the same proportion as they were used for the
purchase.
Byway of clarification, if any Measure C funds are used for right-of-way acquisition,
BART will:
a) follow the requirements of state law and the federal Uniform Relocation and Real
Property Acquisition Act as applicable.
Cooperative Agreement No. 21.00.02
Page 12 of 17
5-18-92
s
b) transfer net proceeds, after deducting reasonable costs of sale, to AUTHORITY
resulting from the sale of excess lands purchased in whole or in part with Measure C funds, in
the same proportion to the net proceeds as the original contribution of Measure C funds was to
the purchase of the original parcel.
SECTION IPGENERAL
BART AGREES:
25.(a) Invoices. reports. To provide monthly invoices and progress reports consistent
with Exhibit B including the summary of expenditures to date.
25.(b) Management. To provide management of consultant and contractor activities
including evaluation of proposals/bids, award of contracts, and to assume responsibility for
schedule, budget, and oversight of the services.
25.(c) OCTA construction sign. If any Measure C funds are to be used for construction,
to install a sign that identifies Measure C and AUTHORITY as a funding source, consistent with
Exhibit to this AGREEMENT, no later than 30 days after commencement of the construction.
The rail extension to North Concord and Eastern Contra Costa County represents the
largest single line item in the Measure C Expenditure Plan. In order to ensure that taxpayers
are made aware that the BART extension projects are being made possible by substantial
contribution of Measure C funds, BART agrees to the following:
If commemorative plaques are installed at the North Concord and/or Bailey Road BART
stations, they shall include an acknowledgement that the extension was funded in part by Contra
Costa one-half percent sales taxes from Measure C, and the Authority's logo and name shall also
be displayed on the plaques(s).
The AUTHORITY's name and logo and mention of Measure C shall be included in those.
written materials intended for public and press use (including posters, invitations, brochures,
press packets, etc.) produced in connection with public relations events, groundbreaking
ceremonies and press conferences, specific to the PROJECT.
BART shall consult with .the AUTHORITY staff, provide advance notification and
invite representation of one or more of its members and/or staff persons, with respect to all
public relations events, ceremonies and scheduled press conferences and public briefings
pertaining to BART projects funded in whole or in part by the AUTHORITY.
Cooperative Agreement No. 21.00.02
Page 13 of 17
5-18-92
25.(d) Consultant contracts. Upon request, to provide copies to AUTHORITY of all
executed contracts between BART and consultants, contractors or vendors involved in the
PROJECT.
25.(e) Rhe,ponsibilit�►. In recognition of the commitment of the initial $120 million in
Measure C funds, to assume responsibility for securing financing, designing and constructing
the PROJECT.
25.(f) Records: To retain during the term of this AGREEMENT and for a period of
three (3) years following the later of the last disbursement by AUTHORITY pursuant to this
AGREEMENT or completion of the PROJECT funded under this AGREEMENT, all books and
records relaxed to expenses for which reimbursement has been requested, and to make such
records available for review, audit and copying by AUTHORITY and its authorized
representatives and agents, upon reasonable notice given by AUTHORITY to BART and at
reasonable times and places during the term of this AGREEMENT and during the period of such
record retention.
J
AUTHORITY AGREES:
26. Reimbursement: To reimburse BART consistent with the procedures detailed in
Exhibit D (Method of Payment).
27. Audit: To provide timely notice if an audit is to be performed pursuant to
paragraph 25 (f) hereof.
28. Policies AUTHORITY'S policies do not apply to the scope, schedule, budget or
other aspects of the.PROJECT.
1T IS MUTUALLY AGREED:
29. T�ermi This AGREEMENT shall remain in effect until discharged as provided
in paragraph 30 of this AGREEMENT.
30. 'Discharge: This AGREEMENT shall be subject to discharge as follows:
a)This AGREE14EN'T may be terminated for material breach of any obligation,covenant
or condition hereof, upon notice to the breaching party. The breaching party shall have 30 days
from the date of the notice to initiate steps to cure; however, if steps to cure are not initiated
within 30 days then the contract will be terminated. If the breaching party diligently pursues
cure, such party shall be allowed a reasonable time to cure, not to exceed 90 days from the date
Cooperative Agreement No. 21.00.02
Page 14 of 17
5-18-92
of the initial notice. If the breach is cured within the cure period, the AGREEMENT shall not
terminate. During the cure period the parties shall meet to attempt to resolve.the dispute,
without termination of the AGREEMENT. Termination shall not affect such rights, if any, as
the parties may have under the Contra Costa Transportation Improvement and Growth
Management Program.
b)By mutual consent of both parties, this AGREEMENT may be terminated at any time.
31. ndemni : It is riiutually understood and agreed, relative to the mutual
indemnification of AUTHORITY and BART:
a) That neither AUTHORITY, nor any officer or employee thereof, shall be
responsible for any damage or liability occurring by reason of anything done or omitted to be
done by BART under or in connection with any work, authority or jurisdiction delegated to
BART under this AGS. It is also understood and agreed that,pursuant to Government
Code Section 895.4, BART shall fully indemnify and hold AUTHORITY harmless from any
liability imposed for injury as defined by Government Code Section 810.8 occurring by reason
of anything done or omitted to be done by BART under this AGREEMENT or it connection
with any work, authority, or jurisdiction delegated to BART under this AGREEMENT.
b) That neither BART nor any officer or employee thereof, shall be responsible for
any damage or liability occurring by reason of anything done or omitted to be done by
AUTHORITY under or in connection with any work, authority or jurisdiction delegated to
AUTHORITY under this AGREEMENT. It is also understood and agreed that, pursuant to
Government Code Section 895.4,AUTHORITY shall fully indemnify and hold BART harmless
from any liability imposed for injury as defined by Government Code Section 810.8 occurring
by reason of anything done or.omitted to be done by AUTHORITY under this AGREEMENT
or in connection with any work, authority, or jurisdiction delegated to AUTHORITY under this
AGREEMENT.
32. 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 service, or by
certified or registered mail, return receipt requested, to the addresses set forth below, or to such
addresses which may be specified in writing to the parties hereto.
Frank 7. Wilson Robert K. McCleary
General Manager Executive Director
Bay Area Rapid Transit District Contra Costa Transportation
800 Madison Street Authority
P.O Boz 12688 1340 Treat Blvd., Suite 150
Oakland, CA 94604-2688 Walnut Creek, CA 94596
Cooperative Agreement No. 21.00.02
Page 15 of 17
5-18-92
33. Additional Acts and Documents: Each party agrees to do all such things and take
all such actions, and to make, execute and deliver such other documents and instruments, as
shall be reasonably requested to carry out the provisions, intent and purpose of this
AGREEMENT.
34. Integration: This AGREEMENT represents the entire agreement of the parties
with respect to the matters covered hereby. No representations, warranties, inducements or oral
agreements have been made by any of the parties except as expressly set forth herein, or in other
contemporaneous written agreements.
35. Amendment: This AGREEMENT may not be changed, modified or rescinded
except in writing, signed by all parties hereto, and any attempt at oral modification of this
AGREEMENT shall be void and of no effect
36. Independent Agency: BART renders its services under this AGREEMENT as an
independent agency. None of the BART agents or employees shall be agents or employees of
AUTHORITY.
37. Assignment: This AGREEMENT may not be assigned,transferred,hypothecated,
or pledged by any party without the express written consent of the other party.
The foregoing notwithstanding, BART may assign, pledge, hypothecate or otherwise
encumber, as security for a commercial paper program or other form of borrowing, amounts
receivable by BART under this AGREEMENT in reimbursement for expenditures made by
BART for PROJECT purposes. AUTHORITY will comply with reasonable requests with regard
to perfecting such security. If any such borrowing requires further assurances regarding the
availability of funds to meet AUTHORITY's obligations under this AGREEMENT'or otherwise,
AUTHORITY will cooperate therewith if the assurances are consistent with the Indenture for
AUTHORITY's bonded indebtedness, and tax and other applicable laws. In the event that any
rebate liabilities arise because of any investment made by BART of money received from
AUTHORITY, BART agrees to reimburse AUTHORITY for any rebate liabilities.
38. Binding on Successors. Etc.: This AGREEMENT shall be binding upon the
successors, assigns and transferees of AUTHORITY or BART as the rase may be. This
provision shall not be construed as an authorization to assign, transfer, hypothecate or pledge
this AGREEMENT other than as provided above.
39. everabilitX: Should any part of this AGREEMENT be declared unconstitutional,
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 AGS which shall continue in full foice and
effect, provided that the remainder of this AGREEMENT can, absent the excised portion, be
reasonably.interpreted to give effect to the intentions of the parties. Time is of the essence
Cooperative Agreement No. 21.00.02
Page 16 of 17
5-18-92
• .y . 1
under this AGREEMENT-
40. No diminution of rights. This ;AGREEMENT does not diminish either party's
rights under applicable law.
41. Incorporation of Exhibits: The Exhibits attached hereto are incorporated in this
AGREEMENT by this reference:
Exhibit A Project Drawdown Schedule
Exhibit B Monthly Invoice and Progress Report
Exhibit C Measure C Project Sign
Exhibit D Method of Payment
Exhibit E Method of Payment for Final Design Costs of Systems and Standards
Attachment#1 Cost Allocation for Willow Pass Grade Project
Attachment#2 Cost Allocation for Bailey Road Project(yet-to-be-developed as of 5/20/92)
42. Choice of Law: This AGREE shall be construed in accordance with and
governed by the laws of the State of California. -
43. Valid AGREEMENT: Each party represents and warrants to the other party that
it is duly organized and validly existing, that it has full power and authority to enter into and
perform this AGREEMENT, that this AGREEMENT has been duly authorized, executed and
delivered by.it and is legal, valid and binding on it and enforceable in accordance with its terms
against it and that this AGREEMENT does not violate any agreement, law or regulation by
which it is bound or require the consent of anyone else.
SAN FRAN,9SPO BAY AREA CONTRA COSTA
RAPID �TNSPORTATIONA ORTTY
by
FlankVn "�Teipn�ai
F=
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ATTEST: ATTEST:
by
D S f r:c t SE c r r Robert K. McGrauy
Executive Director
APPROVED as to legal form: APPROVED as to legal form:
f
by. by.*Legalunsel Legal CQ(insel
Cooperative Agreement No. 21.00.02
Page 17 of 17
5-18-92
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COOPERAUVE AGREEMENT BETWEEN
THE CONTRA COSTA TRANSPORTATION AUTHORITY AND THE
SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT
Cooperative Agreement No. 21.00.02
Exhibit B
Monthly Invoice and Progress Report
On or before the twentieth day of each month, BART will provide to the AUTHORITY a
narrative progress report along with the following reports:
(A) BART CAPITAL EXTENSIONS PROGRAM FINANCIAL STATUS REPORT
(To include a summary of Measure C expenditures under this AGREEMENT by Project
components descri"bed in Paragraph 9. This report will show the total reimbursements
for the period, and to date.)
(B) BART FINANCIAL MANAGEMENT SYSTEM CPR-200(capital Program Report)
(Portions Showing activities funded by CCTA funds.)
(C) BART EaMNSIONS PROGRAM-BATC BILLING EDIT REPORT - SYNERGY
BILL EDIT
(Portions covering contracts funded by CCTA funds).
(D) The following information for payments reimbursed with Measure C as contained in
report B (above):
(a) BART internal tracking number
(b) Name of vendor/consultant/contractor
(q) Description of services performed or product delivered
(d) Total amount of payments
(e) Total amount paid by BART
(f) Percent reimbursed by Measure C
(g) Amount reimbursed by Measure C
Cooperative Agreement No. 21.00.02
Exhibit B
Page I of 1
5-18-92 DRAFT
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COOPERATIVE AGRFEM(ENT BETWEEN
THE CONTRA COSTA TRANSPORTATION AUTHORITY AND THE
SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT
Cooperative Agreement No. 21.00.02
Exhibit D
Method of Paayment
(A) Should the AUTHORITY choose to reimburse with bond proceeds, the following
procedures will be followed.-
1.
ollowed:1. The AUTHORITY will maintain a separate sub-a000unt within the California Arbitrage
Management Program (hereinafter "CAMP") designated for the PROJECT (hereinafter
"CAMP BART Fund"). The CAMP BART Fund will be funded with bond proceeds
transferred by the AUTHORITY from its Construction Fund within CAMP. The amount
transferred to the CAMP BART Fund at any time will be mutually agreed by BART and
the AUTHORITY, and will be adjusted periodically depending on the cash flow
requirements of the PROJECT, the overall cash flow implicit in the AUTHORITY'S
Strategic Plan, paragraph 5 of Section I of this AGREEMENT, and CCTA PROJECT
FUNDS available in the BART Fund described under section (B), below.
2. BART will make payments to vendors,contractors and consultants, and for staff support,
consistent with the terms of this AGREEMENT.
3. Prior to the twentieth day of the month, BART will request in writing an amount to be
transferred to the CAMP BART Fund in the immediately following month. The request
will include a summary of the withdrawals from the CAMP BART Fund in the
immediately preceding month,consistent with Exhibit B to this Cooperative Agreement.
The request will identify any funds Semalning in the CAMP BART Fund at the close
of the immediately prior month. By the first Monday of every month, the AUTHORITY
will transfer from its Construction Fund within CAMP to the CAMP BART Fund an
amount based upon the drawdown schedule furnished pursuant to paragraph 22(c)of this
AGREEN FITT, and BART's written request, after deducting any funds remaining in the
CAMP BART Fund at the close of a particular month as well as any ineligible
reimbursements from the CAMP BART Fund.
4. The General Manager of BART or his/her designee(s), together with the Controller-
Treasurer of BART or his/her designee(s) will be authorized by the Executive Director
of the AUTHORITY to make three monthly withdrawals, from the CAMP BART Fund.
The requests shallcontain the information specified in paragraph 5 of this Exhibit D and
may be transmitted by Facsimile, a copy of which shall also be transmitted to the
Cooperative Agreement 21.00.02
Exhibit D, Page 1 of 3
5-18-92
AUTHORITY. Funds will be made available by CAMP to BART through a wire
transfer effective the same day or within one working day following the request- All
withdrawals from the CAMP BART Fund are for the sole purpose of reimbursement to
BART for project expenses or payment to BART for project expenses then due and
payable for which BART will issue checks to a third party before or the same day of the
withdrawal including right-of-way escrows as provided in paragraph 10 of this
AGREEMENT. Any funds withdrawn from the CAMP by BART for PROTECT-related
expenses prior to the same day BART issues cheeks for PROJECT rela'ed expenses
creates a situation which is a potential conflict of federal arbitrage rules, and if such
circumstances occur the AUTHORITY may consider termination of the AGREEMENT
pursuant to paragraph 30, Section II of this AGREEMENT.
5. The request for withdrawal from the CAMP BART Fund shall state()the item number
of such payment; (u) the zc spective amounts to be paid; (-iii) the purpose by general
classification for which each obligation to be paid was incurred (for example; design,
right-of-way acquisition, construction, etc.); (W) that obligations in the stated amounts
have been incurred by BART and are paid or presently due and payable and that each
item thereof is a proper charge against the CAMP BART Fund and has not been
previously paid from said fund;and(v)that there has not been filed with or served upon
BART notice of any lien, right to lien or attachment upon, or claim affecting the right
to receive payment of, any of the amounts payable to any of the persons named in such
requisition, which has not been released or will not be released simultaneously with the
payment of such obligation, other than materialmen's or mechanic's liens accruing by
mere operation of law.
(B)Should the AUTHORITY choose to reimburse with sales tax revenues rather than bond
proceeds, the following.procedures wM be followed:
L BART will maintain a separate account to be funded with OCTA PROJECT FUNDS
designated for the PROJECT (here "BART Fund"). The BART Hind will be
funded with sales tax revenues transferred by the AUTHORITY. The amount transferred
to the BART Fu d at any time will be mutually agreed by BART and the AUTHORITY,
and will be adjusted periodically depending on the cash flow requirements of the .
PROJECT, the overall cash flow implicit in the AUTHORITY'S Strategic Plan,
paragraph S of Section I of this AGREEMENT, and CCTA PROJECT FUNDS available
in the CAMP BART Mmd described under section(A), above.
2. BART will make payments to vendors, contractors and consultants, and for staff support
from the BART_Fund, consistent with the terms of this AGREEMENT.
3. Prior to the twentieth day of the month, BART will request in writing an amount to be
transferred to the BART Find in the immediately following month. The request will
include a summary of the expenditures made in the immediately preceding month,
consistent with Exhibit B to this Cooperative Agreement. The request will identify any
funds remaining in the BART Fund at the close of the immediately prior month. By the
Cooperative Agreement 21.00.02
Exhibit D, Page 2 of 3
5-18-92
. *• first Monday of eve month, the AUTHORITY will transf n amount based upon the
y drawdown schedule furnished Pursuant to paragraph 22(c) of this AGRFXIvEEM, and
BART's written request, after deducting any funds remaining in the BART Fund at the
close of a particular month as well as any ineligible reimbursements from the BART
Fund.
4. Reimbursements under this Exhibit are cumulative. The AUTHORITY reserves the right
to fund either the CAMP BART Fund or the BART Fund and to direct that certain
reimbursements be made from either the CAMP BART ftnd or the BART ftud.
Cooperative Agreement 21.44.02
Exhibit D, Page 3 of 3
5-18-92
` COOPERA.TME AGREEMENT ENT BETWEEN
E CONTRA COSTA TRANSPORTATION AU'IfORI'I'Y AND THE
SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT
Cooperative Agreement No. 21.00.02
Exhibit E
Method of Reimbursement for Final Design cysts of Syyns & Standards
1. At the time each item of cost for final design of system wide Systems and Standards is
incurred by BART, each of the extension projects(Dublin Pleasanton(DPX),Pittsburg-Antioch
(PAX), COIma (CSX), Warm Springs (WS) ), and San Francisco .Airport (SFX): the
"Extensions") then in active final design will be allocated a Frxed Percentage share of such cost.
The share so allocated to the PROJECT is an eligible part of the engineering component
referenced in Paragraph #{9 of this Cooperative Agreement
2. The Fixed Percentages will be determined prospectively when each Extension commences
final design and will be calculated by dividing the estimated total cost of final design for each
Extension by the estimated total cost of final design for the Extensions then in final design. As
the effective date of this AGREEMENT the Fined Percentages are calculated for DPX, PAX,
CSX, and WSX based on a total final design cost of$86,180,000 and estimated design costs of
$32,074,000 for DPX, $21,306,000 for PAX, $7,000,000 for CSX, $25, 800,000 for WSX.
Accordingly, the Fixed Percentages to date are as follows.
DPX PAX CSX WSX
From Inception of 60.09% 39.91% - -
Final Design
From 8/1/91 53.13% 35.28% 11.59% -
Start WSX Final Design 37.22% 24.72% 8.12% 29.94%
3. Following the initiation of final design for the Warm Springs (WSX)and San Francisco
Airport (SFX) extensions, BART will charge an eligible funding source for WSX or SFX and
allocate an equal "credit" to PAX. The credit is defined as the dollar difference between the
PAX proportionate share of expenditures to date for final design of Systems & Standards
determined after including the latest extension to enter final design, versus the determination
made excluding the latest extension. For SFX, final design estimates will be made following
adoption of an environmental document.
Cooperative Agreement 21.00.02
Exhibit E
Page 1 of 2
5-18-92
4. With respect to the CSX extension, as soon as funds are paid to BART in accordance
with Paragraph #6 below, BART will credit the PAX extension with a funding amount which
represents the excess of charges allocated to the extension at the higher percent share prior to
8/1/91 versus the reduced share. The funds credited will be to a BART account specific to PAX
and designated for the categories of PROJECT expense in Paragraph #9 of this Cooperative
Agreement.
5. When the WSX project has an approved environmental document and as soon as BART
receives San Mateo "Buy-in" or "Wash" funds for WSX per the terms of the Comprehensive
Agreement Pertaining to BART System Extension, dated February 28, 1990, BART will credit
the PAX extension with a funding amount which represents the excess of charges allocated to
the extension at the higher percentage share prior to start of Final Design versus the reduced
share. The funds credited will be to a BART capital account specific to PAX and designated
for the categories of PROJECT expense in paragraph #9 of this Cooperative Agreement.
6. With respect to the SFXICSX extensions, BART will determine that the extensions'
proportionate share of the development costs of Standards and Systems is a legitimate project
cost under the terms of the Comprehensive Agreement pertaining to BART System Extension,
dated February 28, 1990.
Pursuant to Section IV(C) of the above-refefenced Comprehensive Agreement, BART
will either(1)seek state reimbursement through state Proposition 108 funds already programmed
for the SFO/CSX extension, or(2)seek MTC concurrence that the costs should be borne by the
West Bay bridge toll reserves or San Mateo sales tax revenues.
7. The funds in the capital accounts set up by these actions will be expended as quickly
as possible so as to delay charges to CCTA PROJECT FUNDS under this AGREEMENT as
long as possible. BART will include the capital accounts status in the CPR-200 and the
BART Capital Extensions Program Monthly Financial Report required under Exhibit B to
this AGREEMENT.
Cooperative Agreement 21.00.02
Exhibit E
Page 2 of 2
5-18-92
COPOPERATIVE AGREEIMENT BETWEEN
THE CONTRA COSTA TRANSPORTATION AUTHORITY AND
SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT
Cooperative Agreement 21.00.42
ATTACHMENT 1
Cost Allocation for Willow Pass PrgJ
THIS ATTACHMENT 1 is contemplated by paragraph 7 of, and hereby is made a part of,
Cooperative Agreement 21.00.02 and together they are referred to as the AGREEMENT. The
capitalized terms used herein have the meanings set forth in this Cooperative Agreement
21.00.02 unless otherwise provided herein. This ATTACHMENT 1 sets forth the cost
allocation from Measure C and other sources.
A. This ATTACMENT 1 sets forth the relative shares of the cost of the Willow
Pass Grade Lowering Project as described in Recital l of Cooperative Agreement 90.14.01,(the
"Caltrans Cooperative Agreement",between the State of California("Caltrans"), AUTHORITY
and BART), as the PROJECT(hereinafter the"WEU.OW PASS PROJECT") to be borne by the
Rail Extension project account described in paragraph 2(a) below (hereinafter "BART
EXTENSION FUNDS")and the fund sources described in paragraphs 2(b) through 2(e) of this
ATTACHMENT 1, (hereinafter "HIGHWAY FUNDS".)
B. The Contra Costa Transportation Improvement and Growth Management Program
(hereinafter "MEASURE C") sets aside$178 million (1988 dollars) for the rail extension from
Concord to Eastern Contra Costa. AUTHORITY and BART have entered into Cooperative
Agreements relative to the BART rail extension, including Cooperative Agreement 21.00.01
which provided $14.4 million for final design, and this AGREEMENT which establishes the
framework for the AUTHORITY's commitment of $178 million (1988 dollars) to the East
County rail project. Cooperative Agreement 21.00.01 is subsumed within this Agreement
21.00.02. The Caltrans Cooperative Agreement provides for construction of the WII.LOW
PASS PROJECT.
C. MEASURE C sets aside$80 million(1988 dollars) for highway projects eligible
under the Route 4 (east) category. The WILLOW PASS PROJECT as defined in the Caltrans
Cooperative Agreement is specifically mentioned in MEASURE C, and hence is an eligible
project to receive MEASURE C sales tax funds.
D. Since the highway widening with median for BART, and the resulting grade
reduction incorporated in the WIU.OW PASS PROJECT are necessary pre-requisites to the
BART rail expansion to East county, both HIGHWAY FUNDS and BART EXTENSION
FUNDS are appropriate fund sources. Cost sharing guidelines, needed to determine the
appropriate proportion of the VaUDW PASS PROJECT cost that is to be borne by each fund
source, are set forth below:
Cooperative Agreement 21.00.02
Attachment 1
Page 1 of 5
5-2-92
Ti IS *UnJ LLY AGI 7D
1. The following tasks-are necessary for the completion of the WILLOW PASS
PROJECT, and are therefore eligible for funding from the sources identified in paragraph 2 of
this ATTACHMENT 1:
(a) Preparation of Environmental Documentation;
(b) Preliminary and Final Design;
(c) Right-of-way acquisition;
(d) Utility Relocation;
(e) Construction;
(f) Construction Management.
Funds expended since February 8, 1988 through the settlement of all construction claims are
covered by this ATTACEMENT 1. Tasks performed by the County of Contra Costa as the
Route 4 Willow Pass Grade project proponent under the terms of Measure C, are eligible for
funding under this paragraph.
2. The following fund sources are available for the tasks set forth in paragraph 1 of
this ATTACHMENT 1: _
(a) CCTA MEASURE C "Rail Extension from Concord to North Concord and
Eastern Contra Costa" project category;
(b) CCTA MEASURE C "Route 4 (east)" project category;
(c) State highway account funds;
(d) Federal highway demonstration funds;
(e) Mitigation funds from the U.S. Navy.
3. The allocation of costs under this ATTACHMENT 1 is initially based upon the
final engineer's estimate, which is attached hereto as Exhibit 1-A and hereby incorporated into
this ATTACHMENT 1 and made a part hereof by reference. As determined by an analysis of
the individual bid items contained in Exhibit 1-A for WILLOW PASS PROJECT, BART
EXTENSION FUNDS shall bear 40 percent of the cost for tasks described in paragraph 1 of this
ATTAR 1. The balance of the costs are to be bome by HIGHWAY FUNDS, (60
percent). All WILLOW PASS PROJECT costs shall initially be paid from BART EXTENSION
FUNDS or HIGHWAY FUNDS in accordance with the percentage allocation set forth in this
paragraph-
4. Upon.acceptance of the finally constructed WILLOW PASS PROJECT by
Caltrans, the final percentage allocation between the BART EXTENSION FUNDS and
HIGHWAY FUNDS shall be recalculated using the awarded bid prices and the actual measured
quantities taking into account all approved contract change orders and claims, whose cost
allocation shall be determined in accordance with paragraph 6 below. The recalculation shall
use the same methodology as was used for determining the initial percentage allocations from
the final engineer's estimate, described in paragraph 3 of this ATTACHMENT 1, but in addition
it shall tape into account the agreed-upon cost allocation of any approved contract change orders
and claims. All allocations of WILLOW PASS PROJECT costs between the BART
Cooperative Agreement 21.00.02
Attachment 1
Page 2 of 5
5-2-92
4 NSION FUNDS an( ie HIGHWAY FUNDS made in acc�ince with paragraph 3 of
this ATTACHMENT 1 will then be finally adjusted to reflect the recalculated percentage shares.
5. Should the AUTHORITY be successful in obtaining State Local Partnership funds
(authorized by Streets and Highways Code Section 2600) for the WILLOW PASS PROJECT,
the "Rail extension from Concord to North Concord and Eastern Contra Costa" project account
within the MEASURE C program will be initially credited with.such Partnership funds in the
same proportion that the BART EXTENSION FUNDS funded the WILLOW PASS PROJECT,
and finally adjusted as set forth above. For accounting purposes, the credit will be discounted
to equivalent 1988 dollars consistent with paragraph 5 of this Cooperative Agreement 21.00.02.
6. For purposes of determining the final percentage allocation as set forth in
paragraph 4, above, Contract Change Orders and construction claims (hereinafter "CCO") paid
from AUTHORITY funds shall be allocated between the BART EXTENSION FUNDS and the
HIGHWAY FUNDS in accordance with the following:
(a) The actual measured quantities and resultant costs of each CCO pay item
will be allocated between BART EXTENSION FUNDS and HIGHWAY
FUNDS in the same proportion as the particular pay item was allocated
in Exhibit 1-A31 unless the proposed change in the pay item is
attributable to the BART or highway component of the WILL-OW PASS
PROJECT in a different proportion from that included in the final
engineer's estimate. If so the latter proportion shall be used.
(b) The actual measured quantities and resultant costs of each CCO pay item
that is new, and-hence not included in Exhibit 1 A, will be allocated
between BART EXTENSION FUNDS and HIGHWAY FUNDS, using
the methodology of Exhibit 1-A as a guidd.
7. Notwithstanding Article 15 of Section I of the Caltrans Cooperative Agreement,
in order to qualify the BART EXTENSION FUNDS as match for either Proposition 108, 116
or other State Transit Assistance, AUTHORITY will, if necessary to validate the match, and to
the degree permitted by its Master Fund Transfer Agreement with Caltrans, disburse the BART
EXTENSION FUND'S share of the WI .WW`PASS PROJECT costs to BART for subsequent
payment to Caltrans.
8. • Upon a written request from BART, AUTHORITY will pursue, to the extent
provided in Article 1 of Section I of the Caltrans Cooperative Agreement, additional constriction
services for the satisfactory completion of the WILLOW PASS PROJECT.
9. Should BART, pursuant to its rights under Article 7 of Section I of the Caltrans
Cooperative Agreement, disapprove a change order that is subsequently implemented by
CALTRANS, the AUTHORITY agrees to seek resolution of the matter pursuant to the"invoice
discrepancy procedures" referenced in its Master Fund Transfer Agreement with Caltrans.
10. With respect to the total obligation of funds for the WILLOW PASS PROJECT,
the AUTHORITY will obtain written concurrence from an authorized representative of BART
Cooperative Agreement 21.00.02
Attachment 1
Page 3 of 5
5-2-92
prior to increasing such 0ation above$66,000,000; provided tic,uch concurrence shall not
be required to the extent that such increase is funded solely from HIGHWAY FUNDS.
11. In the event that the lowest responsible bid for the WILLOW PASS PROJECT
exceeds the engineer's estimate by more than 5%, AUTHORITY and BART shall agree on a
course of action, before AUTHORITY reaches agreement with STATE.
12. AUTHORITY agrees to provide BART advance written notification, to consult
with, to seek written concurrence, and if time permits to obtain a written response, before
implementation, on all change orders not wholly allocated to HIGHWAY FUNDS, which'have
an estimated cost of over$50,000, have an estimated schedule impact of over one week or were
generated by a request from any agency, company or person other than the parties to this
AGREEMENT or a Caltrans Department other than Construction, except when.necessary for
the safety of motorists and/or pedestrians, or for the protection of property_
13. Upon execution of this ATTACHMENT 1, AUTHORITY will advise BART in
writing of the expenses incurred to date by the AUTHORITY (hereinafter "PRIOR
AUTHORITY EXPENSES")in connection with tasks accomplished pursuant to paragraphs 1(a)
through 1(d) of this ATTACHMENT 1. The PRIOR AUTHORITY EXPENSES will be
apportioned between the HIGHWAY FUNDS and the BART EXTENSION FUNDS in
accordance with the percentage allocations determined in paragraphs 3 and 4 of this
ATTACHMENT 1. The proportion of PRIOR AUTHORITY EXPENSES to be borne by BART
EXTENSION FUNDS will be discounted to 1988 dollars, consistent with paragraph 5 of this
Cooperative Agreement 21.00.02 and deducted from the remaining balance of the CCTA
PROJECT FUNDS defined in paragraph 5 of this Cooperative Agreement 21.00.02. Thereafter,
AUTHORITY will advise BART on a quarterly basis of additional expenses incurred by
AUTHORITY in connection with paragraph 1 of this ATTACHMENT 1. These additional
expenses will be discounted to 1988 dollars and charged to CCTA PROJECT FUNDS consistent
with the-procedures described earlier in this paragraph 13.
14. With respect to funds expended by BART pursuant to BART Agreement 04CB-
610, dated February 8, 1988 with the County of Contra Costa, upon termination of that
Agreement, which is to occur no later than September 30, 1992, BART will advise the
AUTHORITY in writing of the funds disbursed by BART under the terms of that Agreement,
(hereinafter "PRIOR BART EXPENSES"). These PRIOR BART EXPENSES will be
apportioned between the HIGHWAY FUNDS and the BART EXTENSION FUNDS in
accordance with the percentage allocations determined in paragraphs 3 and 4 of this
ATTACHMENT 1. The proportion of PRIOR BART EXPENSES to be borne by the
HIGHWAY FUNDS will be discounted to 1988 dollars, consistent with paragraph 5 of this
Cooperative Agreement 21.00.02 and added to the remaining balance of the CCTA PROJECT
FUNDS.
Cooperative Agreement 21.00.02
Attachment l
Page 4 of 5
5-2-92
15. This ATTACHMENT 1 will terminate upon completion of construction and
settlement of all claims for the WILLOW PASS PROJECT.
SAN FRANCISCO BAY AREA CONTRA COSTA
RAPID SIT DISTRICT TRANSPORTATION AUTHORITY
b by:
Wn
rank J Rob K. M 1
Gen er Executive Director
Cooperative Agreement 21.00.02
Attachment 1
Page 5 of 5
5-2-92
E=rr 1-A
Cooperative Agreement No. 21.00.02
Exhibit 1-A of Attachment 1
5-18-92
- Parsons 303 Second Street
Brinckerhoft Suite 700 North
Quade& San Francisco, G4 94107-1317
. ..... ._..,.,. ..<,:-..........: .- Douglas,Inc- 415-243-4600
Engineers
Architects fax. 415-243-9501
Planners
May 11, 1992
Contra Costa County
Public Works Department
255 Glacier Drive
Martinez, California 94223-4897
Attention: Mr. Robert V_ Faraone
Senior Civil Engineer
Reference: State Route 4 - Willow Pass Grade Lowering
Willow Pass Road (Concord) to Bailey Road
Contra Costa County Project No.4660-6X4110
Subject: Cooperative Agreement Between
The Contra Costa Transportation Authority and the
San Francisco Bay Area Rapid Transit District
Cooperative Agreement 21.00.02
Exhibit 1-A to Attachment 1
Cost Allocation for Willow Pass Project
Dear Mr. Faraone:
Attached is a revised cost breakdown of the construction costs between highway
and BART. Of the total $58,884,000, $35,326,307 is attributed to highway and
$23,557,693 is attibuted to BART_
The cost of all items that can be attributed readily to highway or BART were
assigned directly.
Based on the analysis performed at the 65%submittal,
190101 ROADWAY EXCAVATION
was split 67% to BART and 33% to highway. This can be attributed to the wider
median and flatter grades required for BART. Because they are closely related to
roadway excavation, the following items were arbitrarily split 67% to BART and
33% to highway: ='
160101 CLEARING AND GRUBBING
180101 BINDER (Dust Palliative)
190191A FURNISH AND INSTALL PIEZOMETER CASING
190191C DRILL HOLE (Piezometer)
203003 STRAW (Erosion Control)
203014 FIBER (Erosion Control)
203040 SEED (Erosion Control)
tn
203056 COMMERCIAL FERTILIZER (Erosion Control)
681501 FURNISH AND INSTALL DRAIN PIPE (Horizontal Drain)
681502 DRILL HOLE (Horizontal Drain)
Supplemental Work
066620A SLOPE DEWATERING
153223A REMOVAL OF UNSUITABLE MATERIAL
681605E ADDITIONAL UNDERDRAINS
Retaining walls 5, 6, & 7 along Evora Road and Willow Pass Road were attributed
to highway. All of the other retaining walls would not be required if BART were
not included and were therefore assigned to BART, the following items were
distributed as shown:
BAR HWY
192037 STRUCTURE EXCAVATION (Ret Wall) 6,970 CY 300 CY
193013 STRUCTURE BACKFILL (Ret Wall) 9,000 CY 440 CY
193031 PERVIOUS BACKFILL MAT(Ret Wall) 505 CY 5 CY
510108 CLASS A CONCRETE (Ret Wall) 2,870 CY 110 CY
520103 BAR REINFORCING STEEL(Ret Wall) 295,200 LB 6,800 LB
800302 CHAIN LINK FENCE(CL-3, Vinyl-Clad) 1,480 LF 0 LF
800361 CHAIN LINK FENCE (CL-6, Vinyl-Clad) 0 LF 430 LF
The total of the items above is $46,285,407, of which $27,767,292 was for highway
and $18,518,115 is for BART'- a ratio of 40% BART to 60% highway. This ratio
was then applied to the following items:
070010 PROGRESS SCHEDULE (Critical Path)
071320 TEMPORARY CHAIN LINK FENCE (Type CL-6)
073006 18"TEMPORARY CULVERT
073006A 18"TEMPORARY STEEL FLARED END SECTION
073008 24"TEMPORARY CULVERT
073008A 24"TEMPORARY STEEL FLARED END SECTION
073011 36"TEMPORARY CULVERT
073011A 36"TEMPORARY STEEL FLARED END SECTION
073013 48"TEMPORARY CULVERT
120090 CONSTRUCTION AREA SIGNS
120100 TRAFFIC CONTROL SYSTEM
120120 TYPE III BARRICADE
120150 TEMPORARY PAVEMENT MARKING r '
120161 TEMPORARY TRAFFIC STRIPE
120165 CHANNELIZER (Surface Mounted)
120300 TEMPORARY PAVEMENT MARKER
128201 TEMPORARY DELINEATOR (Class 1)
129000 TEMPORARY RAILING (Type K)
129100 TEMPORARY CRASH CUSHION MODULE
170101 DEVELOP WATER SUPPLY
197040A EARTH RETAINING STRUCTURE (Filter Fabric Wall)
2
rAnmmV
.:t y 'f
999990 MOBILIZATION 10%
State Furnished Materials .
066105 RESIDENT ENGINEERS OFFICE
The method used for this cost breakdown is the same as the method used at the
65% submittal. Please call if you require additional information regarding this
issue.
Very truly yours,
PARSONS BRINCKERHOFF QUADE& DOUGLAS, INC.
Robert L. McFarland
Project Manager
cc: Paul Maxwell
Gary LaBonte
attachments:
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first Monday of eve nonth, the AUTHORITY will transf n amount baked upon the
' drawdown schedule furnished pursuant to paragraph 22(c) of this AGREEMENT, and
BART's written request, after deducting any funds remaining in the BART Fund at the
close of a particular month as well as any ineligible reimbursements from the BART
Fund.
4. Reimbursements under this Exhibit are cumulative. The AUMORNY reserves the right
to fund either the CAMP BART Fund or the BAPT Fund and to direct that certain
reimbursements be made from either the CAMP BART Fund or the BART Fund.
Cooperative Agreement 21.00.42
Exhibit D, Page 3 of 3
5-18-92
COOPERAIWE AGREEMENT BETWEEN
TBE CONTRA COSTA TRANSPORTATION AUTHORITY AND TBE
SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT
Cooperative Agreement No. 21.00.02
Exhibit E
Method of Reimbursement for Final Design costs of Systems & Standards
1. At the time each item of cost for final design of system wide Systems and Standards is
incurred by BART, each of the extension projects(Dublin Pleasanton(DPX),Pittsburg-Antioch
(PAX), Colma (CSX), Warm Springs (WSX), and San Francisco .Airport (SFX): the
"Extensions") then in active final design will be allocated aFixed Percentage share of such cost.
The share so allocated to the PROJECT is an eligible part of the engineering component
referenced in Paragraph #9 of this Cooperative Agreement.
2. The Fined Percentages will be determined prospectively when each Extension commences
final design and will be calailated by dividing the estimated total cost of final design for each
Extension by the estimated total cost of final design for the Extensions then in final design. As
the effective date of this AGREEMENT the Fixed Percentages are calculated for DPX, PAX,
CSX, and WSX based on a total final design cost of$86,180,000 and estimated design costs of
$32,074,000 for DPX, $21,306,000 for PAX, $7,000,000 for CSX, $25, 800,000 for WSX.
Accordingly, the Fixed Percentages to date areas follows:
DPX PAX CSX WSX
From Inception of 60.09% 39.91% - -
Final Design
From 8/1/91 53.13% 35.28% 11.59% -
Start WSX Final Design 37.22% . 24.72% 8.12% 29.94%
3. Following the initiation of final design for the Warm Springs (WSX) and San Francisco
Airport (SFX) extensions, BART will charge an eligible funding source for WSX or SFX and
allocate an equal "credit" to PAX. The credit is defined as the dollar difference between the
PAX proportionate share of expenditures to date for final design of Systems & Standards
determined after including the latest extension to enter final design, versus the determination
made excluding the latest extension. For SFX, final design estimates will be made following
adoption of an environmental document.
Cooperative Agreement 21.00.02
Exhibit E
Page 1 of 2
5-18-92
4. With'respect to the CSX extension, as soon as funds are paid to BART in accordance
with Paragraph #6 below, BART will credit the PAX extension with a funding amount which
represents the excess of charges allocated to the extension at the higher percent share prior to
8/1/91 versus the reduced share. The fluids credited will be to a BART account specific to PAX
and designated for the categories of PROJECT expense in Paragraph #9 of this Cooperative
Agreement.
5. When the WSX project has an approved environmental document and as soon as BART
receives San Mateo "Buy-in" or "Wash" funds for WSX per the terms of the Comprehensive
Agreement Pertaining to BART System Extension, dated February 28, 1990, BART will credit
the PAX extension with a funding amount which represents the excess of charges allocated to
the extension at the higher percentage share prior to start of Final Design versus the reduced
share. The funds credited will be to.a BART capital account specific to PAX and designated
for the categories of PROJECT expense in paragraph #9 of this Cooperative Agreement.
6. With respect to the SFX/CSX extensions, BART will determine that the extensions'
proportionate share of the development costs of Standards and Systems is a legitimate project
cost under the terms of the Comprehensive Agreement pertaining to BART System Extension,
dated February 28, 1990.
Pursuant to Section IV(C) of the above-refefenced Comprehensive Agreement, BART
will either(1)seek state reimbursement through state Proposition 108 funds already programmed
for the SFO/CSX extension, or(2)seek MTC concurrence that the costs should be borne by the
West Bay bridge toll reserves or San Mateo sales tax revenues.
7. The funds in the capital accounts set up by these actions will be expended as quickly
as possible so as to delay charges to CCTA PROJECT FUNDS under this AGREEMENT as
long as possible. BART will include the capital accounts status in the CPR-200 and the
BART Capital Extensions Program Monthly Financial Report required under Exhibit B to
this AGREEMENT.
Cooperative Agreement 21.00.02
Exhibit E
Page 2of2
5-18-92
r _
OPERATIVE AGREEMTIVT BETWEEN
THE CONTRA. COSTA TRANSPORTATION AUTHORITY AND
SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT
Cooperative Agreement 21.00.02
ATTACHMENT 1
Cost Allocation for Willow Pass Project
THIS ATTACHMENT 1 is contemplated by paragraph 7 of, and hereby is made a part of,
Cooperative Agreement 21.00.02 and together they are referred to as the AGREEMENT. The
capitalized terms used herein have the meanings set forth in this Cooperative Agreement
21.00.02 unless otherwise provided herein. This ATTACHMENT 1 sets forth the cost
allocation from Measure C and other sources.
A. This ATTACHMENT 1 sets forth the relative shares of the cost of the Willow
Pass Grade Lowering Project as described in Recital l of Cooperative Agreement 90.14.01,(the
"Caltrans Cooperative Agreement", between the State of California("Caltrans"), AUTHORITY
and BART), as the PROJECT(hereinafter the"WILLOW PASS PROJECT") to be borne by the
Rail Extension project account described in paragraph 2(a) below (hereinafter "BART
EXTENSION FUNDS")and the fund sources described in paragraphs 2(b)through 2(e) of this
ATTACHMENT 1, (hereinafter "HIGHWAY FUNDS".)
B. The Contra Costa Transportation Improvement and Growth Management Program
(hereinafter "MEASURE C") sets aside$178 million(1988 dollars) for the rail extension from
Concord to Eastern Contra Costa. AUTHORITY and BART have entered into Cooperative
Agreements relative to the BART rail extension, including Cooperative Agreement 21.00.01
which provided $14.4 million for final design, and this AGREEMENT which establishes the
framework for the AUTHORITY's commitment of $178 million (1988 dollars) to the East
County rail project. Cooperative Agreement 21.00.01 is subsumed within this Agreement
21.00.02. The Caltrans Cooperative Agreement provides for construction of the WII.LOW
PASS PROJECT.
C. MEASURE C sets aside$80 million(1988 dollars) for highway projects eligible
under the Route 4 (east) category. The WILLOW PASS PROJECT as defined in the Caltrans
Cooperative Agreement is specifically mentioned in MEASURE C, and hence is an eligible
project to receive MEASURE C sales tax funds.
D. Since the highway widening with median for BART, and the resulting grade
reduction incorporated in the WKWW PASS PROJECT are necessary pre-requisites to the
BART rail expansion to East county, both HIGHWAY FUNDS and BART EXTENSION
FUNDS are appropriate fund sources. Cost sharing guidelines, needed to determine the
appropriate proportion of the WEU.OW PASS PROJECT cost that is to be borne by each fund
source, are set forth below:
Cooperative Agreement 21.00.02
Attachment 1
Page 1 of 5
5-2-92
11 M TATIN A(TR` -'
D
1. The following tasks-are necessary for the completion of the WILLOW PASS
PROJECT, and are therefore eligible for funding from the sources identified in paragraph 2 of
this ATTACHMENT 1:
(a) Preparation of Environmental Documentation;
(b) Preliminary and Final Design;
(C) Right-of-way acquisition;
(d) Utility Relocation-,
(e) Construction;
(f) Construction Management.
Funds expended since February 8, 1988 through the settlement of all construction claims are
covered by this ATTACHMENT 1. Tasks performed by the County of Contra Costa as the
Route 4 Willow Pass Grade project proponent under the terms of Measure C, are eligible for
funding under this paragraph.
2. The following fund sources are available for the tasks set forth in paragraph I of
this ATTACHMENT 1:
(a) CCTA MEASURE C "Rail Extension from Concord to North Concord and
Eastern Contra Costa* project category;
(b) CCTA MEASURE C "Route 4 (east)' project category;
(c) State highway account funds;
(d) Federal highway demonstration funds;
(e) Mitigation funds from the U.S. Navy.
3. The allocation of costs under this ATTACHMENT 1 is initially based upon the
final engineer's estimate, which is attached hereto as Exhibit 1-A and hereby incorporated into
this ATTACHMENT I and made a part hereof by reference. As determined by an analysis of
the individual bid items contained in Exhibit I-A for WILLOW PASS PROJECT, BART
11 ''I'ENSION FUNDS shall bear 40 percent of the cost for tasks described in paragraph I Of this
ATTACEMIENT 1. The balance of the costs are to be borne by HIGHWAY FUNDS, (60
percent). All WILLOW PASS PROJECT costs shall initially be paid from BART EXTENSION
FUNDS or HIGHWAY FUNDS in accordance with the percentage allocation set forth in this
Paragraph.
4. Upon.acceptance of the finally constructed WILLOW PASS PROJECT by
Caltrans, the final percentage allocation between the BART EXTENSION FUNDS and
HIGHWAY FUNDS shall be recalculated using the awarded bid prices and the actual measured
quantities taking into account all approved contract change orders and claims, whose cost
allocation shall be determined in accordance with paragraph 6 below. The recalculation shall
use the same methodology
gy as was used for determining the initial percentage allocations from
the final engineer's estimate, described in paragraph 3 of this ATTACHMENT 1, but in addition
it shall tale into account the agreed-upon cost allocation of any approved contract change orders
and claims. All allocations of WILLOW PASS PROJECT costs between the BART
Cooperative Agreement 21-00.02
Attachment I
Page 2 of 5
5-2-92
EXTENSION FUNDS an ie HIGHWAY FUNDS made in a
cc( ince with Paragraph 3 of
this ATTACHMENT i will then be finally adjusted to reflect the recalculated percentage shares.
5. Should the AUTHORITY be successful in Obtaining State Local Partnership funds
(authorized by Streets and Highways Code Section 2600) for the WILLOW PASS PROJECT',
the "Rail extension from Concord to North Concord and Eastern Contra Costa" project account
within the MEASURE C program will be initially credited with.such Partnership funds in the
same proportion that the BART EXTENSION FUNDS funded the WILLOW PASS pR0jpCT1
and finally adjusted as set forth above. For accounting purposes, the credit will be discounted
to equivalent 1988 doll=consistent with paragraph 5 of this Cooperative Agreement 21.00.02.
6. For purposes of determining the final percentage allocation as set forth in
paragraph 4, above, Contract Change Orders and construction claims (hereinafter -CCO-) paid
from AUTHORITY funds shall be allocated between the BART EXTENSION FUNDS and the
HIGHWAY FUNDS in accordance with the following:
(a) The actual measured quantities and resultant costs of each CCO pay item
will be allocated between BART EXTENSION FUNDS and HIGHWAY
FUNDS in the same proportion as the particular pay item was allocated
in Exhibit I-A, unless the proposed change in the pay item is
attributable to the BART or highway component of the VaUDW PASS
PROJECT in a different proportion from that included in the final
engineer's estimate. If so the latter proportion shall be used.
(b) The actual measured quantities and resultant costs of each CCO pay item
that is new, and-hence not included in Exhibit I-A, will be allocated
between BART EXTENSION FUNDS and HIGHWAY FUNDS, using
the methodology of Exhibit 1-A as a guidd.
7. Notwithstanding Article 15 of Section I of the Caltrans Cooperative Agreement,
m Order to qualify the BART EXTENSION FUNDS as match for either Proposition 108, 116
or other State Trarmt Assistance, AUTHORITY will, if necessary to validate the match, and to
the degree permitted by its Master Fund Transfer Agreement with Caltrans, disburse the BART
EXTENSION FUND's share of the WILLOW PASS PROJECT costs to BART for subsequent
payment to Caltrans.
8. - Upon a written request from BART, AUTHORITY will pursue, to the extent
Provided in Article I of Section I of the Caltrans Cooperative Agreement,additional construction
services for the satisfactory completion of the WILLOW PASS PROJECT.
9. Should BART, Pursuant to its rights under Article 7 of Section I of the Caltrans
Cooperative Agreement, disapprove a change order that is subsequently implemented by
CALTRANS, the AUTHORITY agrees to seek resolution of the matter pursuant to the "invoice
discrepancy procedures" referenced in its Master Fund Transfer Agreement with Caltrans.
10. With respect to the total obligation of funds for the WILLOW PASS PROJECT,
the AUTHORITY will obtain written concurrence from an authorized representative of BART
Cooperative Agreement 21.00.02
Attachment I
Pagge 3 of 5
5-2-92
.. prior to increasing such otC ation above$66,000,000; provided " ,uch concurrence shall not
# bet required to the extent that such increase is funded solely from HIGHWAY FUNDS.
11. In the event that the lowest responsible bid for the WILLOW PASS PROJECT
exceeds the engineer's estimate by more than 5%, AUTHORITY and BART shall agree on a
course of action, before AUTHORITY reaches agreement with STATE.
12. AUTHORITY agrees to provide BART advance written notification, to consult
with, to seek written concurrence, and if time permits to obtain a written response, before
implementation, on all change orders not wholly allocated to HIGHWAY FUNDS, which-have
an estimated cost of over$50,000, have an estimated schedule impact of over one week or were
generated by a request from any agency, company or person other than the parties to this
AGREEMENT or a Caltrans Department other than Construction, except when,necessary for
the safety of motorists and/or pedestrians, or for the protection of property.
13. Upon execution of this ATTACHMENT 1, AUTHORITY will advise BART in
writing of the expenses incurred to date by the AUTHORITY (hereinafter "PRIOR
AUTHORITY EXPENSES")in connection with tasks accomplished pursuant to paragraphs 1(a)
through 1(d) of this ATTACHMENT 1. The PRIOR AUTHORITY EXPENSES will be
apportioned between the HIGHWAY FUNDS and the BART ENT WSION FUNDS in
accordance with the percentage allocations determined in paragraphs 3 and 4 of this
ATTACHMENT 1. The proportion of PRIOR AUTHORITY EXPENSES to be borne by BART
EXTENSION FUNDS will be discounted to 1988 dollars, consistent with paragraph 5 of this
Cooperative Agreement 21.00.02 and deducted from the remaining balance of the CCTA
PROJECT FUNDS defined in paragraph 5 of this Cooperative Agreement 21.00.02. Thereafter,
AUTHORITY will advise BART on a quarterly basis of additional expenses incurred by
AUTHORITY in connection with paragraph 1 of this ATTACHMENT 1. These additional
expenses will be discounted to 1988 dollars and charged to CCTA PROJECT FUNDS consistent
with the-procedures described earlier in this paragraph 13.
14. With respect to funds expended by BART pursuant to BART Agreement 04CB-
610, dated February 8, 1988 with the County of Contra Costa, upon termination of that
Agreement, which is to occur no later than September 30, 1992, BART will advise the
AUTHORITY in writing of the funds disbursed by BART under the terms of that Agreement,
(hereinafter "PRIOR BART EXPENSES"). These PRIOR BART EXPENSES will be
apportioned between the HIGHWAY FUNDS and the BART EXTENSION FUNDS in
accordance with the percentage allocations determined in paragraphs 3 and 4 of this
ATTACHMENT 1. The proportion of PRIOR BART EXPENSES to be borne by the
HIGHWAY FUNDS will be discounted to 1988 dollars, consistent with paragraph 5 of this
Cooperative Agreement 21.00.02 and added to the remaining balance of the CCTA PROJECT
FUNDS.
Cooperative Agreement 21.00.02
Attachment 1
Page 4 of 5
5-2-92
15. This ATTACHMENT 1 will terminate upon completion of construction and
settlement of all claims for the WILLOW PASS PROJECT_
SAN FRANCISCO BAY AREA CONTRA COSTA
R;14DDISTRICT TRANSPORTATION AUTHORITY
b by: Rob K Executive Director
Cooperative Agreement 21.00.02
Attachment 1
Page 5 of 5
5-2-92
EXHIBIT 1-A
Cooperative Agreement No. 21.00.02
Exhibit 1-A of Attachment 1
5-18-92
Parsons 303 Second Street
BrinckerhoK Suite 700 North
Quade& San Francisco, CA 94107-1317
' Douglas,tnc- 415-243-4600
Engineers
Architects Fax-415-243-9501
Planners
May 11, 1992
Contra Costa County
Public Works Department
255 Glacier Drive
Martinez, California 94223-4897
Attention- Mr. Robert V. Faraone
Senior Civil Engineer
Reference: State Route 4- Willow Pass Grade Lowering
Willow Pass Road (Concord) to Bailey Road
Contra Costa County Project No.4660-6X4110
Subject: Cooperative Agreement Between
The Contra Costa Transportation Authority and the
San Francisco Bay Area Rapid Transit District
Cooperative Agreement 21.00.02
Exhibit 1-A to Attachment 1
Cost Allocation for Willow Pass Project
Dear Mr. Faraone:
Attached is a revised cost breakdown of the construction costs between highway
and BART_ Of the total $58,884,000, $35,326,307 is attributed to highway and
$23,557,693 is attibuted to BART-
The cost of all items that can be attributed readily to highway or BART were
assigned directly.
Based on the analysis performed at the 65%submittal,
190101 ROADWAY EXCAVATION
was split 67% to BART and 33%v to highway. This can be attributed to the wider
median and flatter grades required for BART. Because they are closely related to
roadway excavation, the following items were arbitrarily split 67% to BART and
33%to highway: -
160101 CLEARING AND GRUBBING
180101 BINDER (Dust Palliative)
190191A FURNISH AND INSTALL PIEZOMETER CASING
190191C DRILL HOLE (Piezometer)
203003 STRAW (Erosion Control)
203014 FIBER (Erosion Control)
203040 SEED (Erosion Control)
203056 COMMERCIAL FERTILIZER (Erosion Control)
681501 FURNISH AND INSTALL DRAIN PIPE (Horizontal Drain)
681502 DRILL HOLE (Horizontal Drain)
Supplemental Work
066620A SLOPE DEWATERING
153223A REMOVAL OF UNSUITABLE MATERIAL
681605B ADDITIONAL UNDERDRAINS
Retaining walls 5, 6, & 7 along Evora Road and Willow Pass Road were attributed
to highway. All of the other retaining walls would not be required if BART were
not included and were therefore assigned to BART, the following items were
distributed as shown:
BART HWY
192037 STRUCTURE EXCAVATION (Ret Wall) 6,970 CY 300 CY
193013 STRUCTURE BACKFILL (Ret Wall) 9,000 CY 440 CY
193031 PERVIOUS BACKFILL MAT (Ret Wall) 505 CY 5 CY
510108 CLASS A CONCRETE (Ret Wall) - 2,870 CY 110 CY
520103 BAR REINFORCING STEEL(Ret Wall) 295,200 LB 6,800 LB
800302 CHAIN LINK FENCE (CL-3, Vinyl-Clad) 1,480 LF 0 LF
800361 CHAIN LINK FENCE (CL-6, Vinyl-Clad) 0 LF 430 LF
The total of the items above is $46,285,407, of which $27,767,292 was for highway
and $18,518,115 is for BART- a ratio of 40% BART to 60% highway. This ratio
was then applied to the following items:
070010 PROGRESS SCHEDULE (Critical Path)
071320 TEMPORARY CHAIN LINK FENCE (Type CL-6)
073006 18"TEMPORARY CULVERT
073006A 18"TEMPORARY STEEL FLARED END SECTION
073008 24"TEMPORARY CULVERT
073008A 24"TEMPORARY STEEL FLARED END SECTION
073011 36"TEMPORARY CULVERT
073011A 36"TEMPORARY STEEL FLARED END SECTION
073013 48"TEMPORARY CULVERT
120090 CONSTRUCTION AREA SIGNS
120100 TRAFFIC CONTROL SYSTEM
120120 TYPE III BARRICADE
120150 TEMPORARY PAVEMENT MARKING '
120161 TEMPORARY TRAFFIC STRIPE
120165 CHANNELIZER (Surface Mounted)
120300 TEMPORARY PAVEMENT MARKER
128201 TEMPORARY DELINEATOR(Class 1)
129000 TEMPORARY RAILING (Type K)
129100 TEMPORARY CRASH CUSHION MODULE
170101 DEVELOP WATER SUPPLY
197040A EARTH RETAINING STRUCTURE (Filter Fabric Wall)
999990 MOBILIZATION 10%
State Furnished Materials
066105 RESIDENT ENGINEERS OFFICE
The method used for this cost breakdown is the same as the method used at the
65% submittal. Please call if you require additional information regarding this
issue.
Very truly yours,
PARSONS BRINCKERHOFF QUADE & DOUGLAS, INC.
Robert L. McFarland
Project Manager
cc: Paul Maxwell
Gary LaBonte
attachments:
PB Logout No.1067
PB File No.3192-375.01
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ORiGINAL
4-CC-4 19.7/20.8
Bailey Road Interchange
4303-228011
Dist. Agmt. No. 4-1431-C
Document No. CC-7-
CCTA Agreement No. Y14.02-ao
COOPERATIVE AGREEMENT
This AGREEMENT, entered into on J-C4,hU4 ,, - �, s
between the STATE OF CALIFORNIA, acting by and through its De-
partment of Transportation, referred to herein as "STATS", -
CONTRA COSTA TRANSPORTATION AUTHORITY
a public entity, referred to herein
as "AUTHORITY",
AND
SAN FRANCISCO BAY AREA RAPID TRANSIT
DISTRICT, a public entity, referred t4�
herein as "BART" . CC
LO
RECITALS
Co
(1) STATE, AUTHORITY, and BART contemplate jointly
constructing* improvements consisting of reconstructing the Bailey
Road Interchange on State Highway Route 4 in the City of
Pittsburg, to provide a median of sufficient width to accommodate
a six lane highway expandable to eight lanes and a BART rail sys-
tem, construction of BART transit facilities up to subballast in
the Route 4 median including station platform and foundations,
and construction of pedestrian improvements and a bicycle
ycle path,
all referred to herein as "PROJECT" .
-1- DUPLICATE ORIC,
4 .
District Agreement No. 4-1431-C
(2) STATE is authorized to do all acts necessary, con-
venient or proper for the construction or improvement of all
. highways under its jurisdiction, possession, or control.
(3) The Contra Costa County Transportation Improvement
and Growth Management Ordinance (No. 88-01) which was approved by
the Contra Costa County voters on November 8, 1988, referred to
herein as "MEASURE C", authorized the creation of AUTHORITY and
empowered AUTHORITY to impose a 1/2 percent transactions and use
(sales) tax for a period of 20 years, commencing April 1, 1989,
to finance transportation. improvements in Contra Costa County.
AUTHORITY is authorized to fund the design, acquisition of right
of way for and construction of MEASURE C projects on the State
Highway System.
(4) AUTHORITY is willing to initially bear 100 percent
of the total actual costs of construction of PROJECT. AUTHORITY
will be reimbursed by STATE for a portion of said costs from
State-Local Partnership funds according to the procedures con-
tained in the State-Local Partnership Program. The construction
of PROJECT is not receiving any other State funds, in accordance
with Streets and Highways Code Sec. 2601(b) (3) .
(5) STATE, AUTHORITY, and BART are public agencies au-
thorized under the Streets and Highways Code, Government Code
Section 14529. 11 and Public Utilities Code Sections 28500 et seq.
to enter into an agreement under which STATE will advertise,
award and administer the construction contract and provide con-
struction oversight for PROJECT. STATE and AUTHORITY will pro-
-2-
District Agreement No. 4-1.431-C
tt
vide construction services_ AUTHORITY will fund the costs of
construction, contract administration, and construction services
for PROJECT and the costs of right of way and utility protection,
relocation and removal.
(6) As part of a pilot program STATE and AUTHORITY do
mutually desire to use electronic procedures for monthly billing
and payments for costs incurred for construction and services for
PROJECT. The terms and requirements of electronic fund transfer
are addressed in a separate Master Agreement for Electronic Fund
Transfer between STATE and AUTHORITY, STATE District Agreement
No. 4-1382-C and AUTHORITY Cooperative Agreement Number 90.00.03,
referred to herein as "MASTER AGREEMENT" , and all terms and con-
ditions thereof shall apply except for right of way capital costs
and right of way services costs which are not applicable to
PROJECT.
(7) STATE, AUTHORITY, and BART do mutually desire to
jointly participate in the construction of PROJECT and desire to
specify herein the terms and conditions under which PROJECT is
to be constructed, financed and maintained. '
(8) The preliminary and design engineering are ad-
dressed in a separate design Master Agreement between STATE` and
AUTHORITY, STATE District Agreement No. 4-1376-C and. AUTHORITY
Cooperative Agreement Number 90.00.02 .
-3-
District Agreement No. 4-1431-C
SECTION I
STATE AGREES:
(1) To provide all labor, materials, tools and equip-
ment for PROJECT including advertising, award, contract adminis-
tration, field office facilities, Resident Engineer, Structures
Representatives, Principal Assistant Resident Engineer, Field Of-
fice Engineer, available Entry Level Engineers, material source
inspection, independent assurance and specialty testing, survey-
ing coordination and other construction services as may be re-
quested by AUTHORITY for satisfactory completion of .PROJECT. The
terms in the preceding sentence are as defined in various STATE
manuals, policies and procedures. The services to be provided by
STATE, when _combined with resources and work to be provided by
AUTHORITY, are referred to herein as "SERVICES" for the purpose
of determining AUTHORITY' s share of the cost of SERVICES.
(2) At no cost to AUTHORITY- or BART, to provide that
portion of SERVICES that are included in STATE' s oversight re-
sponsibility. for construction of PROJECT, including, but not lim-
ited to: District Office Engineer time; a full time Resident
Engineer; Resident Engineer' s Supervisor time; Structures Repre-
sentatives' Supervisor time; Assurance, Specialty and , Source
testing; in accordance with the provisions of STATE' s Policy and
Procedure Memorandum No. P90-01-
(3) To construct PROJECT by contract in accordance with
plans and specifications for STATE Contract Number 04-228014 pre-
-4-
District Agreement No_ 4-1431-C
pared for AUTHORITY by Contra Costa County' s Consultants-, BART
and BART' s consultants and overseen by STATE. AUTHORITY and BART
shall be named as additional indemnitees and, to the extent ap-
plicable, as additional insureds in the construction contract be-
tween STATE and the contractor for PROJECT.
(4) To establish separate -PROJECT accounts to accumu-
late charges and credits for all costs to be paid for by AUTHOR-
ITY pursuant to this Agreement.
(5) As construction of PROJECT proceeds, to use proce-
dures, as set forth in the MASTER AGREEMENT, to submit to AUTHOR-
ITY monthly summaries of charges for actual expenditures for
construction and SERVICES.
(6) Thereafter, to- prepare and submit two copies of de-
tailed monthly billing statements to AUTHORITY for construction
and SERVICES, as set forth in the MASTER AGREEMENT.
(7) To provide advance written notification, to consult
with, to seek written concurrence and if time permits to obtain a
written response, before implementation, from AUTHORITY on all
change orders, and from BART on all change orders affecting BART
facilities, which either have an estimated cost of over $50,000,
have an estimated schedule impact of over one week, or were gen-
erated by a request from any agency, company or person othr_r than
the parties to this Agreement or a Caltrans Branch other than
Construction; except when necessary for the safety of motorists
and/or pedestrians or for the protection of property. If AUTHOR-.
ITY or BART provides written objection to a change order, AUTHOR-
-S- -
District Agreement No. 4-1431-C
ITY shall have the right to seek resolution pursuant to the
discrepancy provisions of Section III of MASTER AGREEMENT.
(8.) To submit to BART for review and obtain written ap-
proval of all design changes and contractor submittals, such as
shop drawings or requests for substitution of materials, affect-
ing BART facilities. Upon completion of construction, to provide
BART with a copy of contractor' s record drawings affecting BART
facilities.
(9) To submit to AUTHORITY each month two copies of a
construction progress report which describes the work performed
and completed during the reporting period and gives pertinent
contract data such as change orders issued, cumulative costs of
change orders, progress payments made (reported in dollars) , and
percentage progress achieved to date, all in accordance with
STATE' s standard accounting practices.
(10) Upon completion of PROJECT and all work incidental
thereto, to furnish AUTHORITY with two copies of detailed state-
ments of the total actual costs of construction and SERVICES for
PROJECT, including the costs of any contract claims which have
been allowed to the construction contractor. STATE thereafter
shall refund to AUTHORITY (promptly after completion of STATE' s
audit) any amount of AUTHORITY' s payments STATE is holding.,• after
actual costs to be borne by AUTHORITY have been deducted, or to
bill AUTHORITY for any additional amount required to complete
AUTHORITY' s financial obligations pursuant to this Agreement.
-6-
District Agreement No. 4-1431-C
(11) Upon presentation of documentation acceptable to
STATE, to accept the additional rights of way acquired for
PROJECT pursuant to Article (1) of Section II, and to own, oper-
ate and maintain all STATE highway facilities as constructed un-
der PROJECT in accordance with the provisions of the freeway
agreements and freeway maintenance agreements presently in effect
or as may be executed or modified hereinafter and make no claim
against AUTHORITY or BART for any portion of such maintenance ex-
pense. STATE shall transfer to BART at no cost to. BART, upon ac-
ceptance by STATE of the PROJECT construction contract, the right
of way for BART facilities outside STATE' s and other public enti-
ties right of way, as referenced in Article 2 of Section III .
Maintenance of the bicycle path, pedestrian improvements, traffic
signals, local roads, and BART facilities within STATE right of
way will be covered in separate Maintenance Agreements with the
respective agencies.
(12) To consider AUTHORITY' s payment of the BART share
of the PROJECT, determined in accordance with the provisions of
the Cost Sharing Attachment to Cooperative Agreement No. 21.00.02
between AUTHORITY and BART, as a portion of the local match for
Proposition 108, 116 or TCI funds for the BART Rail Extension to
West Pittsburg. BART' s eligibility for these funds will be de-
termined in accordance with established California Transportation
Commission policies and procedures and will be addressed in a
separate agreement(s) .
-7-
t District Agreement No_ 4-1431-C
(13) STATE will, insofar as STATE may legally do so,
defend, indemnify and hold free and harmless BART and AUTHORITY
and their respective directors, officers and employees, and each
of them, from any and all claims, demands, suits, loss; damages,
injury and liability, direct or indirect (including any and all
expenses in connection therewith) alleged to have resulted from
the construction by STATE of STATE facilities as part of PROJECT.
(14) After completion and acceptance of PROJECT, to the
extent it may legally do so; STATE agrees that upon request by
BART or AUTHORITY, and at BART' s or AUTHORITY' s sole cost and ex-
pense, STATE will pursue its legal remedies, if any, against
STATE' s construction contractor with regard to PROJECT.
SECTION II
AUTHORITY AGREES•
(1) To have Contra Costa County acquire all additional
right of way required for PROJECT in accordance with all applica-
ble State and Federal laws and regulations and in full conform-
ance with all STATE right of way procedures and practices, and to:
provide for Contra Costa County to certify, subject to STATE con-
currence, that legal and physical control of right of way has
been acquired, that same is ready for construction, and that all
right of way was acquired in accordance with applicable State and
Federal laws and regulations and in full conformance with all.
STATE right of way procedures and practices.
-8-
District Agreement No. 4-1431-C
1
(2) To provide, at no cost to STATE, qualified support
staff and other resources necessary to supplement STATE resources
to accomplish PROJECT construction, including inspection, materi-
als acceptance sampling and testing, review of contractor submit-
tals, engineering support, and field office staff. Said
resources provided by AUTHORITY must be coordinated by and under
the specific direction of the STATE' s Resident Engineer.
(3) To provide, at no cost to STATE, surveying and
staking services. Said resources provided by Authority must be
coordinated by and under the specific direction of the STATE' s
Resident Engineer.
(4) To bear 100 percent of the actual costs of right of
way and utility protection, relocation and removal costs of
PROJECT estimated to be $14,000,000.
(5) To bear one hundred percent (100%) of the total ac-
tual construction costs of PROJECT, estimated to be $39,700,000,
including the costs of STATE-furnished materials, supplemental
work, change orders, contract claims paid to the construction
contractor, - and the costs of STATE' s defense of all
PROJECT-related claims which may be filed by said contractor un-
der Section 9-1.07 of STATE' s Standard Specifications, less any
reimbursement from State-Local Partnership funds. The, actu.al
construction costs of PROJECT shall be based upon the final quan-
tities which shall be determined after completion of all work and
upon final accounting of costs.
-9-
C
a
District Agreement No. 4-1431-C
(6) To bear one hundred percent (100%) of the actual
costs of SERVICES for PROJECT, estimated to be $3,970,000. Said
costs of SERVICES shall include costs of providing personnel re-
sources, their equipment, and field office facilities and all di-
rect and indirect costs (functional and administrative overhead
assessment) attributable to STATE' S portion of SERVICES applied
in accordance with STATE' s standard accounting procedures, except
those costs which are determined to be included in STATE' s over-
sight responsibility. The actual costs of SERVICES for PROJECT
shall be determined after completion of all work and upon final
accounting of costs.
(7) AUTHORITY' s initial total obligation for the costs
of right of way, utility protection, relocation and removal, con-
struction and SERVICES for PROJECT is $57,670,000. This amount
is subject to increase to cover the costs of utility protection,
relocation and removal as provided in Article (10) of Section IV
of this Agreement. The total obligation may also be increased to
cover costs in excess of the initial estimated total costs of
construction. and SERVICES. The total obligation may also be in-
creased to cover costs of archeological monitoring and recovery
for PROJECT, should any be required. Any increase in total obli-
gation will be subject to the written concurrence of AUTHORITY, ,
which will be incorporated by reference into this Agreement with-
out the necessity of a written amendment.
-10-
District Agreement No. 4-1431-C
(8) To use procedures, in accordance with the . MASTER
AGREEMENT, to make monthly payments to STATE for actual costs.... .
incurred for construction and SERVICES.
(9) To make supplemental payments and payments for SER-
VICES when required, in accordance with the MASTER AGREEMENT.
(10) To pay STATE upon completion of all work and
within 25 working days after receipt of a detailed statement made
upon final accounting of costs therefor, such amount as required
to complete AUTHORITY' s financial obligation pursuant to this
Agreement.
(11) To provide BART with a copy, upon receipt from
STATE, of the statements and reports to be provided .by STATE in
accordance with Section I .
(12) At no cost to STATE to retain services of original
design consultant and its subcontractors to provide design sup-
port during construction.
SECTION III
BART AGREES:
(1) To provide, at no cost to STATE or AUTHORITY, qual-
ified field representatives and other resources necessary to mon-
itor PROJECT construction for BART facilities, including;
performing independent assurance inspections, testing and re-
views; independent specialty testing; independent off-site source
inspection; independent materials and workmanship acceptance in-
-11-
District Agreement No. 4-1431-C
spection, sampling and testing; design engineering support; and
review of contractor submittals. Said resources provided by BART
must be coordinated by and under the specific direction of the
STATE' s Resident Engineer, subject to the authority of the BART
representative defined in Article (11) of Section IV. BART will
not provide support personnel or other resources to supplement
STATE resources for the daily inspection, sampling, testing and
field office staff for PROJECT. This article shall in no way di-
minish the responsibility of STATE for the satisfactory con-
struction of PROJECT.
(2) To accept the right of way for BART facilities out-
side STATE' s and other public entities' right of way and own, op-
erate and maintain all BART facilities as constructed under
PROJECT in accordance with the provisions of the cooperative
agreements and maintenance agreements presently in effect or as
may be executed or modified hereinafter and make no claim against
AUTHORITY or STATE for any portion of such maintenance expense.
Acceptance of said rights of way by BART is subject to a review
of a Policy- of Title Insurance in BART' s name to be. provided and
paid for by AUTHORITY.
(3) At no cost to STATE to retain services of original
design consultant and its subcontractors to- provide -design sup-
port during construction.
-12-
District Agreement No_ 4-1431-C
SECTION IV
IT IS MUTUALLY AGREED AS FOLLOWS:
(1) All obligations of STATE under the terms of this
Agreement are subject to the appropriation of resources by the
Legislature and the allocation of resources by the California
Transportation Commission_
(2) All obligations of AUTHORITY under the terms of
this Agreement are limited as provided in the Contra Costa Trans-
portation Improvement and Growth Management Expenditure Plan,
dated August 3, 1988, and are subject to the availability of
funds in the annual budget of the AUTHORITY pursuant to Public
Utilities Code Sections 180105 and 180108. All obligations of
AUTHORITY under the terms of this Agreement are expressly subject
to AUTHORITY' s continued authorization to collect and expend the
sales tax provided by. MEASURE C. If for any reason AUTHORITY' s
right to collect or expend such sales tax is terminated or sus-
pended in whole or in part, AUTHORITY shall promptly notify STATE
and BART. STATE, BART, and AUTHORITY shall consult on a course
of action. If, after twenty five (25) working days, a course of
action is not agreed upon between STATE and AUTHORITY, this
tO
Agreement shall be deemed to be terminated by joint consent pur-
suant to Article (8) of this Section IV; provided that any fur-
ther obligation from the date of notice shall be expressly
limited by and subject to (i) the lawful ability of AUTHORITY to
expend sales tax proceeds for the purposes of this Agreement; and
-13-
District Agreement No. 4-1431-C
(ii) the availability of funds for such purposes, taking into
consideration all the obligations of AUTHORITY under all out-
standing contracts, agreements and other obligations of AUTHOR-
ITY.
(3) Should any portion of PROJECT be financed with Fed-
eral funds or State funds, all applicable laws, rules and poli-
cies relating to the use of such funds shall apply
notwithstanding other provisions of this Agreement.
(4) STATE' s goals for utilization of Minority and Wom-
en' s Business Enterprise (MBE and WBE) will be included in the
construction contract. The contract goals will be based on a
technical analysis of contract items and certified MBE/WBE sub-
contractors in the area. STATE will award PROJECT to the lowest
responsible bidder who meets the goals or who made,in the sole
judgement of STATE, a good faith effort to do so.
(5) STATE shall not advertise for bids to ,construct .
PROJECT until this Agreement is executed by all parties thereto.
Unless State-Local Partnership funding is in jeopardy of being
lost, STATE shall also not advertise for bids to construct
PROJECT until AUTHORITY delivers to STATE control and/or pos-
session to rights of way, free and clear of all encumbrances det-
rimental to STATE' s present and future uses at the tune of
certification of rights of way ready for construction. Accept-
ance of said rights of way by STATE is subject to a review of a
Policy of Title Insurance in STATE' s name to be provided and paid
for by AUTHORITY-
-14-
s District Agreement No. 4-1431-C
(6) If, after opening bids for PROJECT, it i-s found
that the lowest responsible bid does not exceed the Engineer' s
Estimate by more than 5% of the estimate, STATE may award the
contract.
(7) If upon opening of bids for PROJECT, it is found
that the lowest responsible bid exceeds the Engineer' s Estimate
by more than 5% of the estimate, STATE, AUTHORITY, and BART shall
consult upon a course of action. If, after twenty five (25)
working days, a course of action is not agreed upon between
STATE and AUTHORITY, this Agreement shall be deemed to be termi-
nated by joint consent and the parties will proceed pursuant to
Article (8) of this Section IV.
(8) If termination of this Agreement is by joint con-
sent, AUTHORITY will bear one hundred percent (100%) of all
PROJECT-related costs incurred by STATE pursuant to this Agree-
ment, to the date of termination and as provided in Article (9)
of this Section IV.
(9) After award of the construction contract for
PROJECT, should AUTHORITY, after a request by STATE, not author-
ize funding beyond the amounts stated respectively in Articles
(4) , (5) , and (6) of Section II, STATE shall insure that all op-
erating roadways are in a safe and satisfactory permanent operat-
ing condition and then shall cease work on PROJECT. Additional
costs incurred in accordance with this article in excess of pay-
ments made will be billed and subject to payment by AUTHORITY.
c
-15-
District Agreement NO. 4-1431-C
(10) If, during PROJECT construction, any unforseen
conflict with existing public and/or private utilities occur, or
there is a significant change required in any approved utility
relocation plan, then the provisions of STATE' s Standard Specifi-
cations, Section 8-1. 10 (Utilities and Non-Highway Facilities)
shall apply. AUTHORITY will bear one hundred percent (100%) of
costs of protection, relocation and removal of said utilities.
(11) In the construction of PROJECT, AUTHORITY and BART
may, at no cost to STATE, each furnish a field representative, if
they so desire. Said representative(s) and STATE' s Resident En-
gineer will cooperate and consult with each other, but the deci-
sions of STATE' s Resident Engineer shall prevail as final,
binding and conclusive in all matters concerning the PROJECT con-
struction contract. The BART field representative, working
through the STATE' s Resident Engineer; shall have the authority
to request cessation of the contractor' s operation on BART facil-
ities, wholly or in part, to approve or disapprove workmanship or
materials on BART facilities, or to suggest other appropriate
action when work on BART facilities is substandard or does not
comply with contract provisions. Only. the STATE' s Resident Engi-
neer shall. have the authority to suspend the contractor' s work.
(12) Upon completion of construction of PROJECT,, • STATE
will consult with AUTHORITY and BART before final acceptance of
the completed PROJECT.
District Agreement No. 4-1431-C
(13) STATE' s construction contract claims process will
be used in consultation with AUTHORITY and BART. AUTHORITY and
BART will abide by the outcome of STATE' s claims process.
(14) Upon completion of all work under this Agreement,
ownership and title to materials, equipment and appurtenances in-
stalled within STATE' s right of way will automatically be vested
in STATE, except that ownership and title to materials, equipment
and appurtenances for BART facilities installed within STATE' s
right of way will automatically be vested in BART, and materials,
equipment and appurtenances installed outside of STATE' s right of
way will be vested in BART or the appropriate public entity ac-
cording to the jurisdiction in which these materials, equipment
and appurtenances are located.
(15) Upon completion and acceptance of the PROJECT con-
struction contract by STATE, STATE will accept control of and
maintain, at its 'own cost and expense, those portions of PROJECT
lying within STATE' s right of way, except local roads, signals,
bicycle path and pedestrian improvements, delegated to the appro-
priate public entity and BART facilities delegated to BART for
maintenance.
(15) Maintenance of those portions of PROJECT lying
outside STATE' s and BART' s right of way and local roads, signals,
bicycle path and pedestrian improvements within STATE' s right of
way delegated to another public entity for maintenance will be
addressed in separate maintenance agreements between STATE and/or-
other
nd/orother respective involved public entities.
-17-
District Agreement No. 4-1431-C
(17) BART will accept control of and maintain, at
BART' s expense, BART facilities within BART' s and STATE' s right
of way. BART' s use of STATE' s right of way will be addressed in
a separate agreement between STATE and BART.
(18) BART will not begin revenue service within STATE' s
right of way until the separate right of way and maintenance
Agreements have been executed.
(19) Pursuant to Government Code Section 895.4, STATE
shall fully indemnify and hold AUTHORITY and BART and their re-
spective directors, officers and employees, harmless from any li-
ability imposed for injury (as defined by Government Code Section
810.8) occurring by reason of anything done or omitted to be done.
by STATE under or in connection with any work, authority or ju-
risdiction delegated to STATE under this Agreement. Neither AU-
THORITY, BART, nor any director, officer or employee thereof,
shall be responsible for any damage or liability occurring by
reason of anything done or omitted to be done by STATE under or
in connection with any work, authority or jurisdiction delegated
to STATE under this Agreement.
(20) Pursuant to Government Code Section 895.4, AUTHOR-
ITY shall fully indemnify and hold STATE and BART and their re-
spective directors, officers and employees, harmless from any
liability imposed for injury (as defined by Government Code Sec-
tion 810.8) occurring by reason of anything done or omitted to be
done by AUTHORITY under or in connection with any work, authority-
or jurisdiction delegated to AUTHORITY under this Agreement_
-18-
District Agreement No. 4-1431-C
Neither STATE, BART, nor any director, officer or employee
thereof, shall be responsible for any damage or liability occur-
ring by reason of anything done or omitted to be done by AUTHOR-
ITY under or in connection with any work, authority or
jurisdiction delegated to AUTHORITY under this Agreement.
(21) Pursuant to Government Code Section 895.4, BART
shall fully indemnify and hold STATE and AUTHORITY and their re-
spective directors, officers and employees, harmless from any li-
ability imposed for injury (as defined by Government Code Section
810.8) occurring by reason of anything done or omitted to be done
by BART under or in connection with any work, authority or juris-
diction delegated to BART under this Agreement. Neither STATE,
AUTHORITY, nor any director, officer or employee thereof, shall
be responsible for any damage or liability occurring by reason of
anything done or omitted to be done by BART under or in con-
nection with any work, authority or jurisdiction delegated to
BART under this Agreement.
(22) Except as expressly provided herein no alteration
or variation. of the terms of this Agreement shall be valid unless
made in writing and signed by the parties hereto and no oral
understanding or agreement not incorporated herein shall be bind-
ing on any of the parties hereto.
-19-
District Agreement No. 4-1431-C
(23) The parties hereto recognize and agree that sepa-
rate counterpart signature pages may be used but that all such
pages shall constitute one and the same Agreement.
STATE OF CALIFORNIA CONTRA COSTA TRANSPORTATION
Department of Transportation AUTHORITY
JAMES W_ VAN LOBEN SELS
Director of Transportation
Chairperson
B
H. J NG
Deputy-
Dist is Director
Attest.704j�
Robert I . McClea ,
APPROVED AS TO FORM AND PROCEDURE Executive ect r
APPROVED AS TO FORM AND
�EDURE
ATTORN Y
Department of Transportation
LTJ
CERTIFIED AS TO FUNDS AND PROCEDURE S an Tayl r, A torney
I certify that funds have been
budgeted for the period and the
District' Accountin A inistrator purpose of payment to STATE
stipulated in the above Agreement
ecutive. irector
-20-
District Agreement No. 4-1431-C
(23) The parties hereto recognize and agree that separate
counterpart signature pages may be used but that all such pages
shall constitute one and the same Agreement.
STATE OF CALIFORNIA SAN FRANCISCO BAY AREA RAPID
Department of Transportation TRANSIT DISTRICT
JAMES W. VAN LOBEN SELS
Director of Transportation
B
Gen al r6nager
R. H. G
De ty D
�ict�IN Direc or '
Attest:
APPROVED AS TO FORM AND .PROCEDURE
PPROVED AS TO FORM AND
1
PROCEDURE
ATTORNEY
Department of Transportation
f .
CERTIFIED AS TO FUNDS AND PROCEDURE A orney San Francisco Bay
A4vba Rapid Transit District
GO
L�
w
Districk Accounting A ini trator
-21-
ORIGINAL
CONTRA COSTA TRANSPORTATION AUTHORITY
Resolution 93-04-P
RE: APPROPRIATION OF FUNDS AND AUTHORIZATION TO EXECUTE A
CONSTRUCTION AGREEMENT FOR THE BAILEY ROAD INTERCHANGE
PROJECT (#1402).
WHEREAS, the Contra Costa Transportation Improvement and Growth Management
Expenditure Plan (hereinafter "Plan") includes $80,000,000 in 1988 dollars for the Route 4
(east) project funding category; and
WHEREAS, the Plan also includes $178,000,000 in 1988 dollars for the Rail extension to
Eastern Contra Costa; and
WHEREAS, the Authority has executed Agreement No. 21.00.02 with BART that provides
for the allocation of construction costs to both the Route 4 (east) and Rail extension project
fund categories; and
WHEREAS, the Authority expects that the appropriation of funds by this Resolution will be
offset by receipt of state-local partnership funds; and
WHEREAS, the Authority has made prior fund appropriations for this project which are
summarized in Attachment A to this resolution,
WHEREAS, the Authority wishes that Caltrans administer the construction-of the Bailey
Road Interchange on Route 4 as well as certain related BART facilities; now therefore be it
RESOLVED, that the Chair is authorized to execute Cooperative Agreement No. 90.14.02
between the Authority, BART and Caltrans for the construction of the Bailey Road
Interchange; and be it further
RESOLVED, that the Authority appropriates $44,000,000 for•the construction of the Bailey
Road Interchange and overall construction management-, and be it further
RESOLVED, that the disbursed funds will be allocated between the Route 4 (east) and rail
extension project fund categories'.in accordance with Cooperative Agreement 21.00.02.
n MuI nn, Chair
This RESOLUTION was entered into at a
meeting of the Contra Costa Transportation
Authority held January 11, 1993 in Walnut Creek, California
Attest:
—7�e
Rob Mccl Executive Di ector
ATTACHMENT B
COOPERATIVE AGREEMENT NO-14-00.00
between,
the Contra Costa Transporta£ioa Authority
and
Couady of Contra Costa
EXHIBIT A
Chronological Listing of Fund Appropriation Resolutions
Project Number Resolution Number Date tun&Appropriated Cumulative Total
90-20 12-19-90 30.004 30,000
14.01.01 12-12-89 3,000,000 3,000,000
14.01.01A 06-20-90 400,000 3,400,000
14.01.02 09-27-90 900,000 4,300,000
90-17 12-05-90 500,000 4,800,000
91-04-P 02-20.91 105,000 4,905,000
91-05-P 03-20-91 572.000 5,477,000
91-06-P 03-20-91 200,000 - 5.677.000
91-48-P 09-18-91 1.170,000 6,847.000
91-36-P 09-18-91 824,000 7,671,000
91-37-P 09-18-91 3,416,000 11.087.000
9148-P 02-19-92 -1,170,000 9,917.000
92-07-P 02-19-92 170.000 10,087,000
92-11-P 3-18-92 •*66,000,000 76,087.000
91-36-P(revised) 6-17-92 855,000 76,942.000
92-19-P 6-17-92 160,000 77.102,000
92-19-P(revised) 9-16-92 -100,000 77,002,000
92-30-P 11-18-92 25.000 77.027.000
92-30-P(revision 1) 12/16/92 25,000 77,052,040
sf.'S'9
GO
Lrn
'Actual expenditure of Measure C funds on this project will be allocated between the Route 4(cast)project category and the East Contra Costa
Rail(SART)project category on a percentage basis provided by CCTA Agreement 21.00-02(approximately 60140 split).
"Construction Funds to be disbursed directly to Caltrans,rather than Contra Costa County.
'•'Actual expenditureof Measure C funds on this project will be allocated between the Route 4(east)project category and the East Contra Costa
1 Rail(BART)project category on a percentage basis.(approximately 50!50 split).
A-1-1-ACHMENT B
COOPERATIVE AGREEMENT NO-14.00.00
between
the Contra Costa Traasportafioa Authority
and
County of Contra Costa
14.02.01 06-27-90 400,000 400,000
91-08-P 03-20-91 120,000 520,000
91-07-P 3-20-91 2,000,000 2,520,000
91-07-P(Revisionl) 06-19-91 2,230,000 4,750,000
91-13-P 06-19-91 190,000 4,940,000
91-0&P(Revision 1) 09-18-91 321,000 5,261,000
91-47-P 09-18-91 14,960,000 20,221,000
91-08-P(Revision 2) 12-18-91 70,000 20,291,000
92-16-P 5-20-92 32,000 20,323,000
91-07-P(Revision 2) 7-15-92 735,000 21,058,000
91-08-P(Revision 3) 11-I8-92, 172,000 21,230,000
92-31-P 11-18-92 75,000 21,305,000
92-31-P(revision 1) 12-16-92 35,000 21,340,000
93-03-P 1-20-93 5,000 21,345,000
93-04-P 1-20-93 -•44,000,000 65,345,000
TOTAL FUNDS
APPROPRIATED 142,427,000
'Actual expenditure of Measure C funds on this project will be allocated between the Route 4(cast)project category and the Fast Contra Costa
Rail(BART)project category on a percentage basis provided by CCTA Agreement 21.00.02(approximately 60140 split).
—Construction Funds to be disbursed directly to Caltrans,rather than Contra Costa County.
Actual expenditure of Measure C funds on this project will be allocated between the Route 4(east)project category and the East Contra Costa
2 Rail(BART)project category on a percentage basis.(approximately 50150 split).
March 23, 1993
File: 4-CC-4 19.7/20.8
4303-228011
Bailey Road IC
Mr. Robert K. McCleary Dist. Agmt. No. 4-1431-C
Executive Director
Contra Costa Transportation Authority
1340 Treat Blvd. , Suite 150
Walnut Creek, CA 94598
Attention: Mr. Paul MaxwellG
Dear Mr. McCleary: � Q3
Subject: Executed Cooperative Agreement for Files
Enclosed for the Authority' s files are two (2) copies of
the fully executed Cooperative Agreement for reconstructing the
Bailey Road Interchange and for other improvements and BART
work on State Highway Route 4 in Pittsburg.
Sincerely,
PRESTON W. KELLEY
District Director
By
run
I PD
Mm ROBERT A. ANDERSON, Chief
i Project Development
Contra Costa II
Enclosures
11
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4. It was the intent of the parties to the Cooperative Agreements ref=nced in Recitals
1, 2, and 3 of ties Agreement,(hadmfer collectively referred to as the COOPERATIVE
A that:
a. Said COOPERATIVE AGREEMENTS describe and authorize an integrated
transportatim project winch includes a BART and highway component as well as other
related features; and
b. Said COOPERATIVE AGREEMENTS were finther intended to be a joint
exercise of powers authorizing COUNTY to exercise the power of eminent domain for the
acquisition of property on behalf of the parties.
C. Said joint exercise of powers does not constitute the caseation of an agency or
entity which is separate from the parties to the agreement as described in California
Gavemmeut Code section 6503.5.
5. By this Ate, AUTHORITY, BART, STATE and COUNTY intend to clarify
and reaffirm, in a single integrated agreement, executed by all parties, what was intended in said
COOPERATIVE AGREEMENTS, to-wit, that:
a. The project includes the joint construction of improvements consisting of the
widening and improving of State Highway Route 4 betwem Willow Pass Road in Concord
to Railroad Avenue in Pittstxug the Bailey Road Interchange on State H&way
4 in the City of Pittsburg,to provide a median of sufficient width to accommodate a six lane
highway, expandable to eight lanes, and a BART rail system, construction of BART transit
ficilities up to subballast in the Route 4 median including station platform and foundations
and construction of pedestrian improvements, paddng facilities and a bicycle path (the
"FROJF:M; and all references to the PROJECT in said COOPERATIVE AGREEMENTS
relevant to the exercise of the power of eminent domain included therein and herein includes
all of the above features of the PROJECT together with all supporting features nay to
prated or preserve the safety and usefulness of the project;
b. With respect to the acquisition of any real property or mterest therein required
for the PROJECT, or otherwise necessary to protect or preserve the safety or usefulness of
the PROJECT, the COOPERATIVE AGREEMENTS are, and at all times relevant to the
PROTECT have been intended to be, a joint exercise of powers between AUTHORITY,
BART, STATE and COUNTY;
C. All real property or interests therein required for the PROJECT,or otherwise
necessary to protect or preserve the safety and usefulness of the PROJECr,may be acquired
by eminent domain through the exercise of said joint powers agreement.
Page 2 of 6
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VII. Emft and AccomtMtr All parties shall be strictly accountable for all funds
under their control and, upon request, will report receipts and disbursements. No funds are
encumbered or obligated to the Project by any of the parties pursuant to this Agreement
VIII. C&udMn s: This Agreement may be signed in counterparts and shall became
effective upon its execution by the parties hereto, each copy having the same force and effect as an
original.
CONTRA COSTA COUNTY CONTRA COSTA TRANSPORTATION
AUTHORITY
ATrES"T: ATTEST:
By. By: WPB
Clerk of the Board of Supervisors Robert K. McCleary, Executive Director
APTROVED AS TO FOM- APPROVED AS TO FORNt-
By: )!�^
1 Legal Counsel f Contra Costa
Transportation Authority
Page 4 of 6
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SAN FRANCySM BAY AREA RAPID
TRANSIT DISTRICT
By: /Y.,6&4 t,'
General Manager
AFFROVED AS TO FORM
By-
Legal Caimsel for San Francisco Bay Area
Rapid Transit District
9z994
Page 6 of 6