HomeMy WebLinkAboutMINUTES - 01161996 - C2 4 s'
TO: BOARD OF SUPERVISORS �' 2
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: January 16, 1996
SUBJECT: Approve Contribution Agreement between Contra Costa County, California Department of
Transportation (Caltrans), 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 REQUESTS) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
I. Recommended Action:
APPROVE the Contribution Agreement between Contra Costa County, Caltrans, and CCTA for
the Stone Valley Road/1-680 Interchange Improvements project.
AUTHORIZE the Chairperson to execute the Contribution Agreement.
II. 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. The proposed geometrics for modifying the ramps are in
conflict with the ongoing Caltrans landscaping contract. Therefore, Caltrans will delete and/or
defer the overlapping portion of the landscaping work, including, but not limited to, all necessary
grading, irrigation, import and placement of topsoil, planting, and plant tablishment. Caltrans
G ; i
Continued on Attachment: X SIGNATURE: r�
_RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON i(p) 99�0 APPROVED AS RECOMMENDED_OTHER_
VOTE OF SUPERVISORS
UNANIMOUS (ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
SK:eh I hereby certify that this Is a true and correct Copy of
g:\transeng\skow\bol6svr1.t1 an action taken and entered on the minutes of the
Board of Su ors on the date Shown.
ATTESTED:
Orig. Div: Public Works(T/E Division) PHIL BA HELGFi,CI of th Board
Contact: Nancy Wein Tel. 313-2275 of Supervisors and Cou Administrator
cc: County Administrator
Auditor-Controller By ,Deputy
PW Accounting
Approve Contribution Agreement
Page 2
January 16, 1996
has requested that the CCTA and the County include the affected landscaping as part of the ramp
realignment project.
IV. Consequences of Negative Action:
If the Agreement is not approved and executed, the installation of the landscaping improvements
will be delayed.
4-CC-680 10 . 4
Stone Valley Road
4275-228520
Dist. Agmt. No . 4-1631-C
Document No . CC-7-
CONTRIBUTION AGREEMENT
1�
This AGREEMENT, entered into on Ja n var'v l eo . l g 9G is
between the STATE OF CALIFORNIA, acting by and through its De-
partment of Transportation, referred to herein as STATE, and
COUNTY OF CONTRA COSTA,
a political subdivision of the
State of California, referred.
to herein- as "COUNTY"
and
CONTRA COSTA TRANSPORTATION
AUTHORITY, a public entity,
referred to herein as
"AUTHORITY" .
RECITALS
( 1) STATE, AUTHORITY and COUNTY, pursuant to Streets
and Highways Code Section 114, are authorized to enter into a Co-
operative Agreement for improvements to State highways within
COUNTY.
(2 ) The Contra Costa Transportation Authority 1993
Strategic Plan includes a proposed project for the modification
of the Stone Valley Road Interchange, referred to herein as
"PROJECT" .
(3 ) The geometrics for modifying the ramps of PROJECT
are in conflict with the ongoing Caltrans landscaping contract,
EA # 128174. For this reason, STATE will delete and/or defer the
-1- DUPLICATE ORIGINAL
District Agreement No. 4-1631-C
overlapping portion of the landscaping work, including, but not
limited to, all necessary grading, irrigation, import and place-
ment of topsoil , planting, and plant establishment, referred to
herein as "LANDSCAPE" .
(4) STATE still desires LANDSCAPE at said ramps, and
has requested that AUTHORITY include LANDSCAPE as part of
AUTHORITY' s PROJECT.
(5 ) COUNTY, on behalf of AUTHORITY, is responsible for
the construction of PROJECT.
(6) The parties hereto intend to define herein the
terms and conditions under which LANDSCAPE is to be constructed,
financed, and maintained.
SECTION I
COUNTY AGREES:
. ( 1 ) To advertise, award, and administer the con-
struction contract for LANDSCAPE as part of PROJECT construction.
(2 ) To have LANDSCAPE constructed in accordance with
plans and specifications of COUNTY, to the satisfaction of and
subject to the approval of STATE .
(3 ) Upon completion and acceptance of the PROJECT con-
struction contract by COUNTY, to furnish STATE a complete set of
full-sized film positive reproducible As-Built plans.
(4) The estimated construction cost of LANDSCAPE is
$26, 000 and . such cost shall not be exceeded unless additional
funds are provided by STATE.
-2-
District Agreement No . 4-1631-C
(5) To retain or cause to be retained for audit by
STATE or other government auditors for a period of three (3 )
years from date of final payment, all records and accounts relat-
ing to construction of PROJECT.
SECTION II
STATE AGREES:
( 1 ) To issue, at no cost to COUNTY and COUNTY' s con
tractor, the necessary encroachment permits for required work
within. State highway right of way, as more specifically defined
in Articles (2 ) , (3 ) , and (4) of Section IV of this Agreement.
(2 ) To provide, at no cost to COUNTY, a qualified STATE
representative who shall have authority to accept or reject work
and materials or to order any actions needed for public safety or
the preservation of property, and to assure compliance with all
provisions of the encroachment permit( s) issued to COUNTY and
COUNTY' s contractor.
(3 ) To deposit with COUNTY within twenty-five (25 ) days
of receipt of billing therefor (which billing will be forwarded
15 days prior to COUNTY' s bid advertising date of a construction
contract for PROJECT) , the amount of $26, 000, which figure re-
presents the lump sum total amount of STATE' s agreed to share of
the cost of work to be performed by COUNTY on STATE' s behalf pur-
suant to this Agreement.
-3-
District Agreement No. 4-1631-C
SECTION III
AUTHORITY AGREES :
( 1) To have COUNTY administer the construction contract
of PROJECT including LANDSCAPE pursuant to this Agreement.
(2 ) To arrange with COUNTY to fund 100% of the cost of
PROJECT thereof subject to any funds programmed in the 1995 Stra- .
tegic Plan for PROJECT, except for the cost of LANDSCAPE, which
STATE will deposit with COUNTY pursuant to Article (3 ) of Section
II of this Agreement.
(3 ) To apply for necessary encroachment permits for re-
quired work within State highway rights of way, in accordance
with STATE' s standard permit procedures, as more specifically de-
fined in Articles (2 ) , (3 ) , and (4) of Section IV of this Agree-
ment.
SECTION IV
IT IS MUTUALLY AGREED:
( 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 ) Construction by COUNTY of LANDSCAPE referred to
herein which lies within STATE highway rights of way or affect
STATE facilities, shall not be commenced until an encroachment
permit to COUNTY authorizing such work has been issued by STATE.
-4-
District Agreement No. 4-1631-C
(3 ) AUTHORITY shall obtain aforesaid encroachment per-.
mit through the office of State District Permit Engineer and
AUTHORITY' s application shall be accompanied by five (5) sets of
reduced construction plans of aforesaid STATE approved contract
plans, and five (5 ) sets of specifications . Receipt by AUTHORITY
of the approved encroachment permit shall provide for COUNTY au-
thorization from STATE to proceed with work to be performed by
COUNTY or COUNTY representatives within STATE rights of way or
which affects .STATE facilities, pursuant to work covered by this
Agreement. COUNTY' s authorization to proceed with said work'
shall be contingent upon AUTHORITY' s compliance with all pro-
visions set forth in said encroachment permit .
(4) COUNTY' s construction contractor shall also be re-
quired to obtain an encroachment permit from STATE prior to com-
mencing any work within STATE rights of way or which affects
STATE facilities . The application by COUNTY' s contractor for
said encroachment permit shall be made through the office of
State District Permit Engineer and shall include proof said con-
tractor has payment and performance surety bonds covering con-
struction of PROJECT.
(5) In the construction of said work, representatives
of COUNTY and STATE shall cooperate and consult with each other,
and all work within STATE' s right of way shall be accomplished to
the satisfaction of STATE' s representative .
(6) If any existing public and/or private utility fa-
cilities conflict with the construction of LANDSCAPE, COUNTY
-5-
District Agreement No . 4-1631-C.-
shall make all necessary arrangements with the owners of such fa-.
cili.ties for their protection, relocation or removal . COUNTY
shall inspect and ensure the protection, relocation or removal of
such facilities. If there are costs of such protection, relo-
cation or removal which STATE and COUNTY must legally pay, total
cost will be borne by STATE. If any protection, relocation or
removal of utilities is required, such work shall be performed in
accordance with STATE policy and procedure . COUNTY shall require
any utility owner performing relocation work in STATE ' s right of
way to obtain a STATE encroachment permit prior to the perform-.
ance of said relocation work.
( 7 ) Upon completion of construction of LANDSCAPE to the
satisfaction of the STATE representative, STATE will accept con-°
trol of and maintain, at its own costs and expense, those_
portions of LANDSCAPE lying within STATE' s right of way.
(8) Upon completion of all work under this Agreement,
which includes a plant establishment period. of at least one year,
ownership and. title to all materials, equipment and appurtenances.
installed within STATE' s right of way will automatically be
vested in STATE. No further agreement will be necessary to'
transfer ownership to STATE .
(9) Nothing. in the provisions of this Agreement is in- '
tended to create duties or obligations to or rights in third par-
ties not parties to this Agreement or affect the legal liability
of any party to the Agreement by imposing any standard of care
-6-
nistrict Agreement No. 4-1631-C
with respect to the maintenance of State highways different from
the standard of care imposed by law.
( 10) Neither STATE nor any officer or employee thereof
is responsible for any damage or liability occurring by reason of'.
anything done or omitted to be done by COUNTY or AUTHORITY under
or in connection with any work, authority or jurisdiction deleg-
ated to COUNTY or AUTHORITY under this Agreement. It is under
stood and agreed that, pursuant to Government Code Section 895 . 4, .
COUNTY and/or AUTHORITY shall fully defend, indemnify and save.
harmless the .State of California, all officers and employees from
all claims, suits or actions of every name, kind and description
brought for or on account of injury ( as defined in Government
Code Section 810. 8) occurring by reason of anything done or omit
ted to be done by COUNTY or AUTHORITY under or in connection with
any work, authority or jurisdiction delegated to COUNTY or AU-
THORITY under this Agreement.
( 11 ) Neither COUNTY nor any officer or employee thereof
is responsible for any damage or liability occurring by reason of
anything done or omitted to be done by STATE 'or AUTHORITY under
or in connection with any work, authority or jurisdiction deleg-
ated to STATE or AUTHORITY under this Agreement. It is under-
stood and agreed that, pursuant to Government Code Section 895 . 4,
STATE and/or AUTHORITY shall fully defend, indemnify and save
harmless the COUNTY, its officers and employees from all claims,
suits or actions of every name, kind and description brought for
or on account of injury (as defined in Government Code Section:
-7-
bistrict. Agreement No . 4-1631-C
810. 8) occurring by reason of anything done or omitted to be done
by STATE or AUTHORITY under or in connection with any work, au-
thority or jurisdiction delegated to STATE or AUTHORITY under
this Agreement.
( 12 ) Neither AUTHORITY nor any officer or employee
thereof is responsible for any damage or liability occurring by
reason of anything done or omitted to be done by STATE or COUNTY
under or in connection with any work, authority or jurisdiction
delegated to STATE or COUNTY under this Agreement. It is. under-
stood and agreed that, pursuant to Government Code Section 895 . 4,
STATE and/or COUNTY shall fully defend, indemnify and save harm-
less the AUTHORITY, its officers and employees from all claims,
suits or actions of every name, .kind and description brought for
or on account of injury ( as defined in Government Code Section
810. 8) occurring by reason of anything done or omitted to be done
by STATE or COUNTY under or in connection with any work, author-
ity or jurisdiction delegated to STATE or COUNTY under this
Agreement.
( 13 ) 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 incor-
porated herein shall be binding on any of the parties hereto .
( 14) This Agreement shall terminate upon completion of
construction of PROJECT and upon final payment to COUNTY by
STATE, pursuant to Section II , Article (3 ) of this Agreement, or
on September 30, 1999, whichever is earlier in time .
_g_
District Agreement No. 4-1631-C
( 15) The parties hereto recognize and agree that sepa-
rate counterpart signature pages may be used but that all such
pages constitute one and the same Agreement.
STATE OF CALIFORNIA COUNTY OF CONTRA. COSTA
Department of Transportation '
JAMES W. VAN LOBEN SELS
Director of Transportation
[A� C ' rperson
o rd of Supervisors
By
District ivision ief
Attest:
Phil Batchelor, Clerk of the
Approved as to form and Board of Supervisors and County
procedure Administrator
BytA
Attorney eputy Clerk
Department of Transportation
Approved as to form:
Certified as to funds Victor J. Westman,
County Counsel
IRV&
istrict Budget Manager By
avid F.
Deputy County Counsel
Certified as to financial terms
and conditions
Recommended for approval
District Accounting B
Administrator
-9-
District Agreement No. 4-1631-C
( 15) The parties hereto recognize and agree that sepa-
rate counterpart signature pages. may be used but that all such
pages constitute one and the same Agreement.
STATE OF CALIFORNIA CONTRA COSTA TRANSPORTATION
Department of Transportation AUTHORITY
JAMES W. VAN LOBEN SELS ;�►
Director of Transportation J
By
Julie Pierce,ierce, Chair
By
Dis c Division ief
Attest: rt 10-Qa
Approved as to form and Ro�errt K. cCleary
procedure Executive i ctor
-D-j2d '
Attorne Al
'Department of Transportation
Certified as tVunds .
istrict Budget Manager
Certified as to financial terms
and conditions
District Accounting
Administrator
-10-
0 -' IGINAL
CONTRA COSTA TRANSPORTATION AUTHORITY
RESOLUTION#96-01-P
WHEREAS,the 1995 Contra Costa Transportation Authority Strategic Plan includes Interstate
680/Stone Valley Road Interchange(Project No. 1104), hereinafter"project"; and
WHEREAS,the County of Contra Costa plans to administer construction of the project; and
WHEREAS,Caltrans has available funds for landscaping work in the vicinity of the project which
requires the execution of a Contribution Agreement prior to release of said funds; and
WHEREAS,Caltrans has submitted such Agreement No. 4-1631-C to the Authority and the
County for approval;
NOW THEREFORE BE IT RESOLVED, that
(1) the Chair is authorized to enter into Caltrans Agreement No.4-1631-C; and
(2) prior to such execution, staff is authorized to make minor amendments as long as
such changes do not materially affect the
substance of the agreement.
R'SJ
Julie Pierce,Chair
This RESOLUTION was entered into at a
meeting of the Contra Costa Transportation
Authority held January 17, 1996 in Walnut Creek,California
c.
Attest: ,
Rober cCle Executive Dir ctor
Date:January 17, 1996
Resolution:96-01-P
4-CC-680 10.4
Stone Valley Road
4275-228520
Dist. Agmt. No. 4-1631-C
Document No. CC-7-
CONTRIBUTION AGREEMENT
This AGREEMENT, entered into on is
between the STATE OF CALIFORNIA, acting by and through its De-
partment of Transportation, referred to herein as STATE, and
COUNTY OF CONTRA COSTA,
a political subdivision of the
State of California, referred
to herein as "COUNTY"
and
CONTRA COSTA TRANSPORTATION
AUTHORITY, a public entity,
referred to herein as
"AUTHORITY" .
RECITALS
( 1 ) STATE, AUTHORITY and COUNTY, pursuant to Streets
and Highways Code Section 114, are authorized to enter into a Co-
operative Agreement for improvements to State highways within
COUNTY.
(2 ) The Contra Costa Transportation Authority 1993
Strategic Plan includes a proposed project for the modification
of the Stone Valley Road Interchange, referred to herein as
"PROJECT" .
(3 ) The geometrics for modifying the ramps of PROJECT
are in conflict with the ongoing Caltrans landscaping contract,
EA # 128174. For this reason, STATE will delete and/or defer the
-1-
District Agreement No. 4-1631-C
overlapping portion of .the landscaping work, including, but not
limited to, all necessary grading, irrigation, import and place-
ment of topsoil, planting, and plant establishment, referred to
herein as "LANDSCAPE" .
(4) STATE still desires LANDSCAPE at said ramps, and
has requested that AUTHORITY include LANDSCAPE as part of
AUTHORITY' s PROJECT.
(5) COUNTY, on behalf of AUTHORITY, is responsible for
the construction of PROJECT.
(6) The parties hereto intend to define herein the
terms and conditions under which LANDSCAPE is to be constructed,
financed, and maintained.
SECTION I
COUNTY AGREES:
(1) To advertise, award, and administer the con-
struction contract for LANDSCAPE as part of PROJECT construction.
(2) To have LANDSCAPE constructed in accordance with
plans and specifications of COUNTY, to the satisfaction of and
subject to the approval of STATE.
(3 ) Upon completion and acceptance of the PROJECT con-
struction contract by COUNTY, to furnish STATE a complete set of
full-sized film positive reproducible As-Built plans.
(4) The estimated construction cost of LANDSCAPE is
$26,000 and such cost shall not be exceeded unless additional
funds are provided by STATE.
-2-
District Agreement No. 4-1631-C
(5) -To retain or cause to be retained for audit by
STATE or other government auditors for a period of three (3 )
years from date of final payment, all records and accounts relat-
ing to construction of PROJECT.
SECTION II
STATE AGREES:
(1) To issue, at no cost to COUNTY and COUNTY' s con-
tractor, the necessary encroachment permits for required work
within State highway right of way, as more specifically defined
in Articles (2 ) , (3 ) , and (4) of Section IV of this Agreement.
(2) To provide, at no cost to COUNTY, a qualified STATE
representative who shall have authority to accept or reject work
and materials or to order any actions needed for public safety or
the preservation of property, and to assure compliance with all
provisions of the encroachment permit( s) issued to COUNTY and
COUNTY' s contractor.
(3 ) To deposit with COUNTY within twenty-five (25) days
of receipt of billing therefor (which billing will be forwarded
15 days prior to COUNTY' s bid advertising date of a construction
contract for PROJECT) , the amount of $26,000, which figure re-
presents the lump sum total amount of STATE' s agreed to share of
the cost of work to be performed by COUNTY on STATE' s behalf pur-
suant to this Agreement.
-3-
District Agreement No. 4-1631-C
SECTION III
AUTHORITY AGREES:
( 1) To have COUNTY administer the construction contract
of PROJECT including LANDSCAPE pursuant to this Agreement.
(2 ) To arrange with COUNTY to fund 100% of the cost of
PROJECT thereof subject to any funds programmed in the 1995 Stra-
tegic Plan for PROJECT, except for the cost of LANDSCAPE, which
STATE will deposit with COUNTY pursuant to Article (3 ) of Section
II of this Agreement.
(3 ) To apply for necessary encroachment permits for re-
quired work within State highway rights of way, in accordance
with STATE' s standard permit procedures, as more specifically de-
fined in Articles (2 ) , (3 ) , and (4) of Section IV of this Agree-
ment.
SECTION IV
IT IS MUTUALLY AGREED:
( 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 ) Construction by COUNTY of LANDSCAPE referred tc
herein which lies within STATE highway rights of way or affect
STATE facilities, shall not be commenced until an encroachment
permit to COUNTY authorizing such work has been issued by STATE.
-4-
District Agreement No. 4-1631-C
(3) AUTHORITY shall obtain aforesaid encroachment per-
mit through the office of State District Permit Engineer and
AUTHORITY' s application shall be accompanied by five (5) sets of
reduced construction .plans of aforesaid STATE approved contract
plans, and five (5.) sets of specifications. Receipt by AUTHORITY
of the approved encroachment permit shall provide for COUNTY au-
thorization from STATE to proceed with work to be performed by
COUNTY or COUNTY representatives within STATE rights of way or
which affects STATE facilities, pursuant to work covered by this
Agreement. COUNTY' s authorization to proceed with said work
shall be contingent upon AUTHORITY' s compliance with all pro-
visions set forth in said encroachment permit.
(4) COUNTY' s construction contractor shall also be re-
quired to obtain an encroachment permit from STATE prior to com-
mencing any work within STATE rights of way or which affects
STATE facilities. The application by COUNTY' s contractor for
said encroachment permit shall be made through the office of
State District Permit Engineer and shall include proof said con-
tractor has payment and performance surety bonds covering con-
struction of PROJECT.
(5) In the construction of said work, representatives
of COUNTY and STATE shall cooperate and consult with each other,
and all work within STATE' s right of way shall be accomplished to
the' satisfaction of STATE' s representative.
(6) If any existing public and/or private utility fa-
cilities conflict with the construction of LANDSCAPE, COUNTY
-5-
District Agreement No. 4-1631-C
shall make all necessary arrangements with the owners of such fa-
cilities for their protection, relocation or removal. COUNTY
shall inspect and ensure the protection, relocation or removal of
such facilities. If there are costs of such protection, relo-
cation or removal which STATE and COUNTY must legally pay, total
cost will be borne by STATE. If any protection, relocation or
removal of utilities is required, such work shall be performed in
accordance with STATE policy and procedure. COUNTY shall require
any utility owner performing relocation work in STATE' s right of
way to obtain a STATE encroachment permit prior to the .perform-
ance of said relocation work.
(7) Upon completion of construction of LANDSCAPE to the
satisfaction of the STATE representative, STATE will accept con-
trol of and maintain, at its own costs and expense, those
portions of LANDSCAPE lying within STATE' s right of way.
(8) Upon completion of all work under this Agreement,
which includes a plant establishment period of at least one year,
ownership and title to all materials, equipment and appurtenances
installed within STATE' s right of way will automatically be
vested in STATE. No further agreement will be necessary to
transfer ownership to STATE.
(9) Nothing in the provisions of this Agreement is in-
tended to create duties or obligations to or rights in third par-
ties not parties to this Agreement or affect the legal liability
of any party to the Agreement by imposing any standard of care
-6-
District Agreement No. 4-1631-C
with respect to the maintenance of State highways different from
the standard of care imposed by law.
(10) Neither STATE nor any officer or employee thereof
is responsible for any damage or liability occurring by reason of
anything done or omitted to be done by COUNTY or AUTHORITY under
or in connection with any work, authority or jurisdiction deleg-
ated to COUNTY or AUTHORITY under this Agreement. It is under-
stood and agreed that, pursuant to Government Code Section 895 . 4,
COUNTY and/or AUTHORITY shall fully defend, indemnify and save
harmless the State of California, all officers and employees from
all claims, suits or actions of every name, kind and description
brought for or on account of injury (as defined in Government
Code Section 810. 8) occurring by reason of anything done or omit-
ted to be done by COUNTY or AUTHORITY under or in connection with
any work, authority or jurisdiction delegated to COUNTY or. AU-
THORITY under this Agreement.
( 11) Neither COUNTY nor any officer or employee thereof
is responsible for any damage or liability occurring by reason of
anything done or omitted to be done by STATE or AUTHORITY under
or in connection with any work, authority or jurisdiction deleg-
ated to STATE or AUTHORITY under this Agreement. It is under-
stood and agreed that, pursuant to Government Code Section 895.4,
STATE and/or AUTHORITY shall fully defend, indemnify and save
harmless the COUNTY, its officers and employees from all claims,
suits or actions of every name, kind and description brought for
or on account of injury (as defined in Government Code Section
-7-
District Agreement No. 4-1631-C
810.8) occurring by reason of anything done or omitted to be done
by STATE or AUTHORITY under or in connection with any work, au-
thority or jurisdiction delegated to STATE or AUTHORITY under
this Agreement.
(12) Neither AUTHORITY nor any officer or employee
thereof is responsible for any damage or liability occurring by
reason of anything done or omitted to be done by STATE or COUNTY
under or in connection with any work, authority or jurisdiction
delegated to STATE or COUNTY under this Agreement. It is under-
stood and agreed that, pursuant to Government Code Section 895 . 4,
STATE and/or COUNTY shall fully defend, indemnify and save harm-
less the AUTHORITY, its officers and employees from all claims,
suits or actions of every name, kind and description brought for
or on account of injury (as defined in Government Code Section
810.8) occurring by reason of anything done or omitted to be done
by STATE or COUNTY under or in connection with any work, author-
ity or jurisdiction delegated to STATE or COUNTY under this
Agreement.
(13 ) 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 incor-
porated herein shall be binding on any of the parties hereto.
( 14) This Agreement shall terminate upon completion of
construction of PROJECT and upon final payment to COUNTY by
STATE, pursuant to Section II , Article (3 ) of this Agreement, or
on September 30, 1999, whichever is earlier in time.
-8-
District Agreement No. 4-1631-C
( 15) The .parties hereto recognize and agree that sepa-
rate counterpart signature pages may be used but that all such
pages constitute one and the same Agreement.
STATE OF CALIFORNIA COUNTY OF CONTRA COSTA
Department of Transportation
JAMES W. VAN LOBEN SELS
Director of Transportation
By
C " rperson
Tkq d of Supervisors
By
District Division Chief
Attest:
Phil Batchelor, Clerk of the
Approved as to form and Board of Supervisors and County
procedure Administrator
By
Attorney eputy Clerk
Department of Transportation
Approved as to form:
Certified as to funds Victor J. Westman,
County Counsel
District Budget Manager By
avid F. hmi ,
Deputy County Counsel
Certified as to financial terms
and conditions
Recommended for approval
District Accounting B
Administrator
-9-
District Agreement No. 4-1631-C
(15) The parties hereto recognize and agree that sepa-
rate counterpart signature pages may be used but that all such
pages 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
Julie Pierce, Chair
By
District Division Chief
Attest:
Approved as to form and Robert K. McCleary,
procedure Executive Director
Attorney
Department of Transportation
Certified as to funds
District Budget Manager
Certified as to financial terms
and conditions
District Accounting
Administrator
-10-