HomeMy WebLinkAboutMINUTES - 01161996 - C1 ,TO: BOARD OF SUPERVISORS l
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: January 16, 1996
SUBJECT: Approve Master Cooperative Agreement and Memorandum of Understanding between
Contra Costa County and the Contra Costa Transportation Authority (CCTA) for the Stone
Valley Road/1-680 Interchange Improvements project in the Alamo area.
Project No.: 4660-6X4123
SPECIFIC REgUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
I. Recommended Action:
APPROVE the Cooperative Agreement and Memorandum of Understanding between Contra
Costa County and CCTA for the Stone Valley Road/1-680 Interchange Improvements project.
AUTHORIZE the Director of Public Works to execute the Cooperative Agreement and
Memorandum of Understanding.
11. Financial Impact:
The project is funded with Measure C funds and funds transferred from the 1-680 Landscaping
project.
There is no impact to the General Fund.
III. Reasons for Recommendations and Background:
CCTA and the County are proposing to realign the on and off ramps at the Stone Valley Road/1-
680 Interchange in the Alamo area. CCTA will prepare the plans and specifications for the
project. The County will advertise, award, inspect, and administer the construction contract. The
purpose of the Cooperative Agreement and the Memorandum of Understanding is to specify the
terms and conditions under which the project is to be engineered, c9qtructed, and financed.
Continued on Attachment: X SIGNATURE:
_RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON 16)j 99b APPROVED AS RECOMMENDED_OTHER_
VOTE OF SUPERVISORS
UNANIMOUS (ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
SK:eh
\transen \skow\bo16SVRd.t1 Ihere
tiycertifythat this isatrue and correcteopyof
g g an action taken and entered on the minutes of the
Board of Supe isors on tho date shown.
Orig. Div: Public Works(T/E) ATTEST BAT HELGR,CI of the oar8 d
Contact: Nancy Wein Tel. 313-2275 of Supervisors and Coun Administrator
cc: County Administrator �
Auditor-Controller By �i.�,1,DePuty
PW Accounting
Approve Cooperative Agreement and Memorandum of Understanding.
Page 2
January 16, 1996
IV. Consequences of Negative Action:
If the Agreement is not approved and executed, the improvements will not be constructed.
ORIGINAL
MEMORANDUM OF UNDERSTANDING
I-680/Stone Valley Road Interchange Project
Alamo, California
This MEMORANDUM OF UNDERSTANDING (MOU), entered into on January 17, 1995,
1995, is between the Contra Costa Transportation Authority, a local public entity, referred to
herein as "AUTHORITY", and the County of Contra Costa, a municipal corporation, referred
to herein as "COUNTY".
RECITALS
A. AUTHORITY and COUNTY contemplate improving arterial access at the Interstate 680
interchange with Stone Valley Road in the unincorporated Alamo area of Contra Costa
County by realigning the Stone Valley Road/I-680 on and off ramps (AUTHORITY
project No. 1104; COUNTY project No. 4660-6X4123), referred to herein as
"PROJECT". The project scope consists of -
B. The Contra Costa Transportation Authority 1995 'Strategic Plan includes $700,000 in
1988 dollars ($939,100 escalated through fiscal year 1997) programmed for PROJECT
pursuant to AUTHORITY's preliminary cost estimate dated June 28, 1995.
C. COUNTY has obtained environmental clearance for PROJECT under a Categorical
Exemption/Exclusion Determination. AUTHORITY is administering a design contract
and anticipates completing final design by the end of February, 1996.
D. AUTHORITY is responsible for overall management (such as schedule, budget and
oversight of other public agencies or consultants) through the design phase of the
PROJECT. COUNTY is the proponent responsible for the preconstruction activities and
construction contract administration of the PROJECT as defined in cooperative agreement
No. 11.00.06 between the AUTHORITY and COUNTY, referred to herein as
"COOPERATIVE AGREEMENT".
E. COUNTY intends to administer the construction contract under an Encroachment Permit
or permits granted by Caltrans. AUTHORITY is the applicant on behalf of COUNTY
and anticipates receiving such permit or permits in March, 1996. COUNTY expects to
award said contract in April, 1996.
F. The PROJECT is currently listed in Cycle 7 of the State-Local Transportation Partnership
Program (SLTPP) with AUTHORITY as the applicant.
G. This MOU specifies the terms and conditions under which the PROJECT is to be
managed, engineered, advertised, awarded, administered, constructed and financed.
11.04.01 - Memorandum Of Understanding
1-680/Stone Valley Road Interchange Modifications
January 17, 1995
Page 1 of 5
Now therefore, the parties do hereby agree as follows:
SECTION I
AUTHORITY AGREES:
A. To act as PROJECT proponent responsible for the overall management of the
PROJECT through the design phase until the final PS&E is turned over to COUNTY
to advertise PROJECT for construction bids.
B. To prepare plans and specifications approved by COUNTY for PROJECT, and
furnish COUNTY two complete sets of film positive plans, one complete reduced set
(11x17) of film positive plans, electronic CADD files of plans, and project
specifications.
C. To apply for necessary encroachment permits for required work within State highway
rights of way, in accordance with State's standard permit procedures, and furnish the
COUNTY the State encroachment permit necessary for COUNTY to construct
PROJECT.
D. To appropriate funds to COUNTY by AUTHORITY resolution within twenty-five
(25) days following receipt of an appropriation request from COUNTY for estimated
construction contract for PROJECT plus advertising and award, construction
engineering, contract administration, all applicable overhead, and contingencies
required to complete PROJECT. Following award of a construction contract,
AUTHORITY shall adjust said appropriation as.necessary to reconcile with the actual
award amount, as available within the amount of,funds programmed in the 1995
Strategic Plan.
E. Subject to a specific appropriation resolution, to reimburse COUNTY within thirty
(30) days following receipt of billing for its cost of PROJECT advertising and award,
construction engineering, and contract administration, not to exceed a maximum
mark-up rate of 50 percent of the applicable COUNTY hourly wage, as well as all
costs of any changes or Extra Work requested by AUTHORITY or COUNTY and
approved by AUTHORITY.
F. To provide an AUTHORITY representative for PROJECT as a contact for the
COUNTY'S resident engineer during the construction phase of the PROJECT.
11.04.01 - Memorandum Of Understanding
I-6801Stone Valley Road Interchange Modifications
January 17, 1995
Page 2 of 5
SECTION II
COUNTY AGREES:
A. To act as the PROJECT proponent responsible for management of the PROJECT
from the date the final PS&E is delivered to the COUNTY for the purpose of
advertising the PROJECT for construction bids until the PROJECT is completed and
closed out. COUNTY'S role as proponent is defined in the COOPERATIVE
AGREEMENT.
B. To submit an appropriation request to AUTHORITY prior to advertising, based upon
the Engineer's estimated construction contract amount for PROJECT..
C. To advertise PROJECT for public bid and award a contract for construction.
PROJECT will be advertised, awarded, and administered in accordance with the State
Department of Transportation's current Local Programs Manual.
D. To assume responsibility for all construction engineering, including contract change
orders, surveys, materials testing, and contract administration of project work.
COUNTY shall provide a resident engineer to oversee PROJECT. AUTHORITY'S
representative shall have no direct contact with contractor, but shall make all
comments and recommendations to COUNTY'S resident engineer.
E. To have PROJECT constructed in accordance with plans and specifications supplied
by AUTHORITY.
F. To accept PROJECT as complete, but not until AUTHORITY has confirmed in
writing that PROJECT has been completed to AUTHORITY'S satisfaction.
G. Upon completion and acceptance of PROJECT, to furnish AUTHORITY with a
complete set of full-sized film positive reproducible As-Built plans.
H. To provide AUTHORITY and AUTHORITY'S design consultant an encroachment
permit and waive the encroachment permit fee for design related field work within
COUNTY road right-of-way for PROJECT.
I. To furnish AUTHORITY's representative with a:copy of all contract change orders
(CCO's) and an updated CCO log concurrently with issuance of an individual CCO's
to contractor for signature, as well as fully executed copies upon receipt by the
contractor. Prior written approval by AUTHORITY staff will be obtained for any
single CCO that is either more than $50,000 or 50% of the initial CCO allotment.
J. To furnish AUTHORITY monthly, and upon completion of PROJECT, timely and
detailed reports summarizing, by task, the total direct labor, with overhead identified
separately, and description of direct charges to the same vendor grouped together for
11.04.01 Memorandum Of Understanding
I-680/Stone Valley Road Interchange Modifications
January 17, 1995
Page 3 of 5
all PROJECT expenditures to be borne by AUTHORITY.
K. To retain or caused to be retained for audit by AUTHORITY or other government
auditors for a period of four (4) years from the date of final payment, all records and
accounts relating to the construction of PROJECT.
L. Within 90 days of applicable final payment to contractor for PROJECT, COUNTY
shall deliver to AUTHORITY a report of project;expenditures including resolution of
any construction related claims which have been-allowed to the construction
contractor together with a statement for any additional amount owed to COUNTY,
Payment for the amount owed to COUNTY, if any, shall be made no later than forty-
five (45) days after the date of billing by COUNTY.
SECTION III
IT IS MUTUALLY AGREED:
A. After opening bids for construction of PROJECT, and if lowest responsive bid is less
than 120% of engineer's estimate, COUNTY may award the contract, provided that
sufficient funds are programmed in the Strategic Plan. Should insufficient funds be
available, COUNTY may still award the contract including the 20% tolerance by
utilizing COUNTY resources to fund the portion of actual costs in excess of the
amount programmed.
B. The Contribution Agreement entered into on January 17, 1995 between the State of
California, Department of Transportation (referred to herein as STATE), COUNTY
and AUTHORITY which incorporates STATE funded landscaping into the project is
hereby incorporated into this agreement by reference.
C. COUNTY renders its services under this MOU as an independent agency. None of
COUNTY'S agents or employees shall be agents or employees of AUTHORITY.
D. No amendment, alteration or variation of the terms of this MOU shall be valid unless
made in writing and signed by the parties hereto, and no oral understanding or
agreement not incorporated herein shall be binding on any of the parties hereto.
E. Any additional terms and conditions that AUTHORITY. may impose upon a fund
appropriation resolution as a condition of approval shall be approved by COUNTY.
F. Any notices which may be required under this MOU shall be in writing.
G. Each party agrees to do all such things and take all such actions, to make, execute
and deliver such other documents, instruments, and improvements as shall be
reasonably requested to carry out the provisions, .intent and purpose of this MOU.
11.04.01- Memorandum Of Understanding
I-680/Stone Valley Road Interchange Modifications
January 17, 1995
Page 4 of 5
C r
H. Upon completion of construction of PROJECT to the satisfaction of COUNTY and
STATE, COUNTY will accept control of and maintain, at its own costs and expense,
those portions of PROJECT lying outside of STATE 's right-of-way and STATE will
assume control of and maintain, at its own costs and expense, those portions of
PROJECT lying within STATE's right-of-way pursuant to STATE issued
encroachment permit referenced in article D of Recitals and article C of Section I of
this Agreement, and articles (2), (3) and (4) of Section IV of STATE Landscaping
Contribution Agreement referenced in above article B of Section III of this
Agreement.
I. This MOU is intended to clarify and expand upon the obligations of the parties with
respect to the PROJECT, and no part of this MOU is intended to supersede any
obligations of the parties hereto defined or otherwise;get forth in the COOPERATIVE
AGREEMENT.
CONTRA COSTA
TRANSPORTATION AUTHORITY COUNTY OF CONTRA COSTA
JBy: zr By: _
Julie Pierce, Chair Michael ord,
Public Wrks Director
Attest: APPROVED AS TO FORM:
Robert K. ry, cutive Direc r Victor J. Westman, County Counsel
By:
David F. Schmidt,
Deputy County Counsel
11.04.01 - Memorandum Of Understanding
I-680/Stone Valley Road Interchange Modifications
January 17, 1995
Page 5 of 5
• ORIGINAL
MASTER COOPERATIVE AGREEMENT
BETWEEN
THE CONTRA COSTA TRANSPORTATION AUTHORITY
AND
COUNTY OF CONTRA COSTA
THIS AGREEMENT is made and entered into as of this 17th day of January, 1996, by and
between the COUNTY OF CONTRA COSTA, 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 Expenditure Plan and Ordinance, (referred to herein as the "Expenditure
Plan and Ordinance") program adopted on August 3, 1988 and approved by the voters of Contra
Costa County on November 8, 1988, hereby desire to enter into a Cooperative Agreement for
transportation improvements in Contra Costa County.
2. COUNTY desires transportation improvements eligible under the I-680 Corridor funding
category of the Expenditure Plan, hereinafter referred to as "PROJECT".
3. Pursuant to the Expenditure Plan and Ordinance, the AUTHORITY is committed to
make available up to $100,000,000 in 1988 dollars for projects eligible under the I-680 Corridor
funding category, to assist with preliminary studies, design, right of way acquisition and construction,
less specific costs associated with overall program management by AUTHORITY. Program
management costs will not exceed one and one half percent (1.5%) of the funds available, from this
particular project funding category. The precise amount of funds. available to COUNTY to help fund
the PROJECT will be determined by the AUTHORITY's most recently amended Strategic Plan.
AUTHORITY anticipates that the COUNTY will supplement Measure C funds with revenues from
all other eligible sources, including but not limited to:
a. State-Local Transportation Partnership Program (SLTPP) Funds, pursuant to Chapter 14
of Division 3 of the California Streets and Highway Code (Sections 2600 et seq.) or any
successor provisions.
4. AUTHORITY intends from time to time to authorize specific funding amounts, pursuant
to a request for appropriation of funds by J. Michael Walford, Public Works Director, County of
Contra Costa of the COUNTY, subject to availability of funds and applied in accordance with the
Master Cooperative Agreement No. 11.00.06
Between Contra Costa Transportation Authority
& County of Contra Costa
1
AUTHORITY's Strategic Plan in effect at the date of request for appropriation. In no event shall
such appropriation, when aggregated with previously approved requests for appropriation, exceed the
Measure C commitment set forth in the Strategic Plan and the limit set forth in Recital 3. The Fund
Appropriation Resolutions adopted by the AUTHORITY, will set forth additional 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 appropriation resolution. Each request for appropriation of funds will include an
overall financial plan for the PROJECT.
NOW, THEREFORE, in consideration of the foregoing, .the AUTHORITY and COUNTY do
hereby agree as follows:
SECTION I
COUNTY AGREES:
1. To submit a request for appropriation of funds for specific components of the PROJECT
as set forth in Recital 4 above, and to apply any funds received under this AGREEMENT to
PROJECT consistent with the terms and conditions specified in the Fund Appropriation Resolution
approved by the AUTHORITY.
2. If Measure C funds are used for construction, to provide two (2) sets of the bid
documents to the Authority. Bid documents to include at a minimum plans, specifications and
quantity sheets. Upon award of the construction contract, COUNTY shall provide one (1) copy of
the bid schedule of the successful bidder completed with unit prices and total award amount.
3. To allow the AUTHORITY to audit all expenditures relating to the PROJECT funded
through this AGREEMENT. For the duration of the PROJECT, and for four (4) years following
completion of the PROJECT, or earlier discharge of the AGREEMENT, COUNTY will make
available to the AUTHORITY all records relating to expenses incurred in performance of this
AGREEMENT.
4. To provide invoices and progress reports consistent with Exhibit B, along with the
summary of expenditures to date.
5. To prepare a report on an annual basis within ninety (90) days of the last day of the
AUTHORITY's fiscal year which itemizes (a) the expenditure of all funds for the PROJECT, and
(b) progress to date in its implementation.
6. To comply with AUTHORITY Policy on the Management of Measure C Projects
(Resolution 92-02-P).
Master Cooperative Agreement No. 11.00.06
Between Contra Costa Transportation Authority
& County of Contra Costa
2
c �
7. To be responsible for evaluation of prospective consultants and contractors and
subsequent award of work consistent with this AGREEMENT and any appropriation resolutions.
8. Upon request, to provide copies to the AUTHORITY of all executed contracts and other
PROJECT documents between COUNTY and consultants, contractors and others, involved in the
PROJECT. If PROJECT is a state highway project as determined by Caltrans, ownership of
PROJECT documents shall be retained by Caltrans. Copies of such executed contracts shall be
retained for four (4) years following completion of PROJECT or earlier discharge of the
AGREEMENT.
9. To be responsible for the PROJECT and to provide management of consultant and
contractor activities, including responsibility for schedule, budget and oversight of the services,
consistent with the scope of any appropriation resolution.
10. If the PROJECT involves construction, to install a sign approved by the AUTHORITY
consistent with the specifications included in Exhibit C of this AGREEMENT (attached), that
identifies Measure C and the Contra Costa Transportation Authority as a funding source, no later
than 30 days after the commencement of construction.
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 COUNTY, funds right-of-way escrows with bond
proceeds, Authority will notify COUNTY, and COUNTY agrees to comply with restrictions on
investment yield.
11. If the PROJECT involves right-of-way acquisition, to follow the requirements of state
law, the Federal Uniform Acquisition and Relocation Assistance Act and Caltrans procedures and, if
applicable, to transfer net proceeds, after deducting auditable costs of sales, to the 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
price of the land purchased for the PROJECT.
12. If COUNTY receives state-local partnership funds.for the PROJECT pursuant to Section
2602 of the Streets and Highways Code, to transfer a portion of such funds to the AUTHORITY in
the identical proportion as the contributions of the AUTHORITY were to the construction of the
PROJECT.
SECTION II,
AUTHORITY AGREES:
Master Cooperative Agreement No. 11.00.06
Between Contra Costa Transportation Authority
& County of Contra Costa
3
1. In response to the COUNTY request for appropriation of funds, provided notice of
cancellation or termination of the AGREEMENT or
to Section III, paragraph 2 hereof, has not
been given, to consider Resolution(s) consistent with available funds, applied in accordance with the
Strategic Plan, 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 Fund Appropriation Resolutions will be incorporated into Exhibit A
(attached), and by this reference made a part hereof.
2. To transfer funds to COUNTY for the purposes described in the relevant Fund
Appropriation Resolution subject to COUNTY compliance, and in the manner specified in Exhibit B
(attached).
3. To provide timely notice if an audit is to be conducted.
SECTION III
IT IS MUTUALLY AGREED:
1. Term: This AGREEMENT will remain in effect until discharged as provided in
Paragraph 2 or 11 hereof.
2. Discharge: This AGREEMENT shall be subject to discharge as follows:
a. Either party may terminate this AGREEMENT. at any time for cause pursuant to a power
created by the AGREEMENT or by law, otherwise than for breach, by giving written notice of
termination to the other party which shall specify both the cause and the effective date of termination.
Notice of termination under this provision shall be given at least ninety (90) days before the effective
date of such termination. Except as provided in Section III, paragraph 3, on termination, all
obligations which are still executory on both sides, are discharged but any right based upon prior
breach or performance survives. Payment shall be made by the AUTHORITY for all services
rendered to the PROJECT by or on behalf of COUNTY pursuant to this AGREEMENT up to the
time of termination, subject to any expenditure limits applicable to this AGREEMENT.
b. This AGREEMENT may be canceled by a parry for breach of any obligation, covenant
or condition hereof by the other party, 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 sixty (60) days from the date of the initial
notice, unless a further extension is granted by the non-breaching party. On cancellation, the non-
breaching party retains the same rights as a party exercising its right to terminate under the
provisions of paragraph 2(a), except that the canceling party also retains any remedy for breach of the
Master Cooperative Agreement No. 11.00.06
Between Contra Costa Transportation Authority
& County of Contra Costa
4
whole contract or any unperformed balance.
C. By mutual consent of both parties, this AGREEMENT may be terminated at any time.
d. Except as to any rights or obligations which survive discharge, as provided herein, this
AGREEMENT shall be discharged, and the parties shall have no further obligation to each other,
upon disbursement of amounts totalling the Measure C commitments set forth in the Strategic Plan,
and in no event an amount which exceeds the amount set forth in Item 3 of Recitals above, less
applicable program management costs referred to therein.
3. Indemnity: It is mutually understood and agreed, relative to the reciprocal
indemnification of AUTHORITY and COUNTY:
a. That neither AUTHORITY, nor any officer or employee thereof, shall be responsible
for, and COUNTY shall fully indemnify and hold harmless AUTHORITY against any damage or
liability occurring by reason of anything done or omitted to be done by COUNTY 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, its officers and employees 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,
and AUTHORITY shall fully indemnify and hold harmless COUNTY against 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, its officers and employees 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.
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, Public Works Director
County of Contra Costa
255 Glacier Drive
Master Cooperative Agreement No. 11.00.06
Between Contra Costa Transportation Authority
& County of Contra Costa
5
Martinez, CA 94553
Robert K. McCleary
Executive Director
Contra Costa Transportation Authority
1340 Treat Blvd., Suite 150
Walnut Creek, CA 94596
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. 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. Bindina on Successors, Etc.: This AGREEMENT shall be binding upon the
successor(s), assignee(s) or transferee(s) 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 determined to be unenforceable,
invalid, or beyond the authority of either party to enter into or carry out, such determination 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.
12. Counterparts: This AGREEMENT may be executed in counterparts.
13. , Survival: The following provisions in AGREEMENT shall survive discharge.
Master Cooperative Agreement No. 11.00.06
Between Contra Costa Transportation Authority
& County of Contra Costa
6
a. As to COUNTY: Section I, paragraph.1 (obligation to apply funds to PROJECT)
Section 1, paragraph 3 (obligation;to allow audit and retain records)
Section I, paragraph 8 (obligation to provide copies)
Section I, paragraph 9 (obligation to continue to manage PROJECT)
Section I, paragraph 11 {obligation to reimburse funds on sale of excess
land)
Section I, paragraph 12 (obligation to reimburse state-local partnership
funds)
b. As to AUTHORITY: Section II, paragraph 3 (obligation to provide notice of audit)
C. As to both parties: Section III, paragraph 2a (obligation which survives termination)
Section III, paragraph 3 (indemnity obligations)
Section III, paragraph 13 (survival)
14. Limitation: 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 COUNTY, 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 future obligation to fund from the
date of the notice shall be expressly limited by and subject to (i)-the lawful ability of the
AUTHORITY to expend sales tax proceeds for the purposes ,of the AGREEMENT; and (ii) the
availability, taking into consideration all the obligations of the AUTHORITY under all outstanding
.contracts, agreements to other obligations of the AUTHORITY, of funds for such purposes.
Master Cooperative Agreement No.11.00.06
Between Contra Costa Transportation Authority
& County of Contra Costa
7
COUNTY OF CONTRA COSTA CONTRA COSTA
TRANSPORTATION AUTHORITY
By:
Michael ord Julie Pierce, CCTA Chair
By:
Rob rte. Mcbf ary
Executive Director—
APPROVEV.'AS TO FORM
Victor J. Westman, County Counsel �[^'
By: V'�
Legal Counsel
By:
David F. s chmi t,
Deputy County Counsel
Master Cooperative Agreement No. 11.00.06
Between Contra Costa Transportation Authority
& County of Contra Costa
8
MASTER COOPERATIVE AGREEMENT NO. 11.00.06
between
the CONTRA COSTA TRANSPORTATION AUTHORITY
and
County of Contra Costa
EXHIBIT A
Chronological Listing of Fund Appropriation Resolutions
Project Resolution DATE FUNDS CUMULATIVE
Number Number APPROPRIATED TOTAL
...... ._...... 0
TOTAL FUNDS 0
APPROPRIATED
Master Cooperative Agreement No. 11.00.06
Between Contra Costa Transportation Authority
& County of Contra Costa
1
MASTER COOPERATIVE AGREEMENT NO. 11.00.06
between
the CONTRA COSTA TRANSPORTATION AUTHORITY
and
County of Contra Costa
EXHIBIT B
Method of Payment
1. The COUNTY will submit a monthly invoice to the AUTHORITY which includes all costs
of the PROJECT for the stated time period.
2. The monthly invoice shall include the following;
A. COUNTY expenses
1. A listing of staff time providing the name, number of hours worked and
charge rate for each. Staff working on activities chargeable to more than one
funding resolution (design versus environmental activities for example),
should show the appropriate split in hours for each resolution.
2. An itemized list of all other direct costs with identification of the activity to
which the expense is chargeable.
B. Consultant/contractor expenses
1. A listing of the prime consultant/contractor and any sub-consultant/sub-
contractor labor costs, broken out by funding resolution.
2. An itemized list of all other non-labor costs with identification of the activity
to which the expense is chargeable.
3. If the above two items are prepared by the COUNTY, a copy of the
consultants/contractor invoice should be attached as backup to the above
information.
C. Certification
1. The following statement will be.included "We hereby certify that the funds
requested by County of Contra Costa are to reimburse County of Contra
Costa for project costs already incurred and have not been included in a
Master Cooperative Agreement No. 11.00.06
Between Contra Costa Transportation Authority
& County of Contra Costa
2
previous invoice request."
D. Invoice summary
1. The following page presents an example of the monthly summary report to be
provided with each invoice. All of the information should be provided.
E. Progress Reports
1. The County of Contra Costa will:submit a progress report that summarizes
the activities covered by the invoice.
3. No detail of COUNTY or consultant/contractor expenses will be required if total costs are
less than $1,000 for the month. The above mentioned detail will be required on the next
invoice totalling more than $1,000.
4. The AUTHORITY will process reimbursement to the COUNTY within ten working days
after receipt by the AUTHORITY of a monthly invoice, containing all of the information
required under item 2 above. The AUTHORITY reserves the right to adjust future
reimbursements should subsequent review indicate that an invoice included ineligible costs.
AUTHORITY may reimburse COUNTY either by check, or at AUTHORITY's discretion,
by wire transfer from its sales tax bond proceeds construction account.
Master Cooperative Agreement No. 11.00.06
Between Contra Costa Transportation Authority
& County of Contra Costa
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MASTER COOPERATIVE AGREEMENT NO. 11.00.06
between
the CONTRA COSTA TRANSPORTATION AUTHORITY
and
County of Contra Costa
EXHIBIT C
Approved Signs for Construction Projects
The COUNTY shall install signs consistent with the specifications detailed in Exhibit C-1 or Exhibit
C-2, (attached), if PROJECT involves construction.
5
(LOGO)
CONTRA COSTA CITY OF
TRANSPORTATION WALNUT CREEK
AUTHORITY
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