1 COOPERATIVE AGREEMENT BETWEEN
THE CITY OF PLEASANT HILL AND THE CITY OF CONCORD
FOR THE MONUMENT BRIDGE AT CANAL TRAIL PROJECT
(PLEASANT HILL PROJECT 02-26)
This AGREEMENT is entered into on the ____day of ________, 2026, between the City of Pleasant Hill, a municipal corporation of the State of California, hereinafter called “Pleasant Hill” and the City of Concord, a municipal corporation of the State of California, hereinafter “Concord.” Pleasant Hill and Concord are sometimes referred to herein individually as “Party” and collectively as “Parties.”
RECITALS
WHEREAS, the Monument Bridge at Canal Trail Project, Pleasant Hill Project 02-26, will construct vertical barrier and surface covering measures intended to prevent unauthorized access to bridge abutments along the banks of Walnut Creek in the City of Pleasant Hill and Concord under the Monument Boulevard Bridge; and
WHEREAS, a portion of the improvements are located within Concord city limits (“Concord portion of the Project”); and
WHEREAS, Pleasant Hill has designed, advertised, and awarded the construction contract of the Project; and
WHEREAS, it is the intent of the Parties to enter into this Cooperative Agreement to establish and coordinate the responsibilities of the Parties with respect to the Concord portion of the Project, all as further set forth herein; and
WHEREAS, pursuant to the terms of this Cooperative Agreement, Pleasant Hill shall manage and engage the services of a contractor to complete the Concord portion of the Project NOW THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, it is mutually understood and agreed by Pleasant Hill and Concord as follows:
TERMS
1. Incorporation of Recitals. The recitals set forth above are true and correct and are incorporated into this Cooperative Agreement as though fully set forth herein.
2. Term. This Cooperative Agreement shall be effective as of the date first set forth above and shall continue in effect until the Project is complete, as evidenced by Pleasant Hill’s recording of a notice of completion for the Project.
3. General Agreement to Cooperate. The Parties agree to mutually cooperate in order to help ensure that the Project is successfully completed with minimum impact to both Parties, and the public.
2 4. Obligations of Concord.
4.1 Concord shall reimburse Pleasant Hill for the construction of improvements within the Concord portion of the Project in the amount of Eighty-Eight Thousand Three Hundred and Eighty Dollars ($88,380) (“Concord Portion of Project Cost”), including a contingency, as set forth in the September 25, 2026 Commitment letter attached as Exhibit A. In the event the actual cost of the Concord portion of the Project is expected to exceed the Concord Portion of Project Cost, Pleasant Hill shall notify Concord before authorizing additional work. Pleasant Hill and Concord staff will work cooperatively to amend this Cooperative Agreement to reflect the actual cost of the Concord portion of the Project.
4.2 Concord shall remit payment to reimburse Pleasant Hill for costs associated with the Project within thirty (30) days of receipt of an invoice from Pleasant Hill for work performed on the Project.
4.3 Concord shall act promptly in providing all necessary support and approvals for the Concord portion of the Project.
4.4 Concord shall be solely responsible for all future maintenance thereof following its acceptance of the Concord portion of the Project pursuant to the Agreement.
5. Obligations of Pleasant Hill.
5.1 Pleasant Hill shall be responsible for procuring all planning, design, construction management, and construction services necessary to complete the Project. Pleasant Hill shall be responsible for the process of selecting a construction management firm and contractor to complete the Project in compliance with all applicable local, state, and federal laws, including, without limitation, the California Public Contract Code and the California Labor Code, and shall additionally be responsible for obtaining all applicable permits necessary to complete the Project.
5.2 Pleasant Hill will invoice Concord on a monthly basis. Pleasant Hill shall prepare invoices with a progress report that indicates the amount of the Project budget expended in furtherance of the Concord portion of the Project and will provide such invoices to Concord for reimbursement.
5.3 Pleasant Hill shall require the contractor on the Project to obtain a no-fee encroachment permit from Concord. The contractor shall meet all Concord encroachment permit requirements.
5.4 Pleasant Hill shall allow Concord staff access to the Concord portion of the Project site, at all reasonable times and upon advance notice, to perform observation and construction inspection of any Project improvements within Concord.
5.5 Pleasant Hill shall provide Concord with as-built record drawings and AutoCAD files for the Project improvements within Concord after the acceptance of the Concord portion of the Project by Concord.
3 5.6 Pleasant Hill shall incur all costs associated with the planning, design, construction management, and inspection of the Project.
5.7 Pleasant Hill shall include, in its contract with the contractor on the Project, a requirement that contractor include Concord, its officials, officers, employees and agents as additional insureds and shall cause the contractor to indemnify Concord, its officials, officers, employees and agents to the same extent that Pleasant Hill is indemnified under the construction contract.
6. Dispute Resolution. Unless otherwise specified herein, the Parties shall submit any unresolved dispute to Concord’s City Manager and Pleasant Hill’s City Manager for negotiation.
The Parties agree to undertake good faith attempts to resolve said dispute, claim, or controversy within ten (10) calendar days after the receipt of written notice from the Party alleging that a dispute, claim, or controversy exists. The Parties additionally agree to cooperate with the other Party in scheduling negotiation sessions. However, if said matter is not resolved within thirty (30) calendar days after conducting the first negotiating session, either Party may, but is not required to, request that the matter be submitted to further dispute resolution procedures, as may be agreed upon by the Parties.
7. Legal Action. If a matter is not resolved within thirty (30) calendar days after the first negotiating session between the Parties, unless otherwise agreed upon in writing by the Parties, either Party may proceed with any other remedy available in law or in equity.
8. Indemnification. Each Party shall indemnify, defend and hold the other Party, its officials, officers, employees, agents, consultants and contractors free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or in equity, to property or persons, including wrongful death, in any manner arising out of or incident to any negligent acts or omissions or willful misconduct of the indemnifying Party, its officials, officers, employees, agents, consultants or contractors in the performance of the indemnifying Party’s obligations under this Cooperative Agreement, including the payment of all reasonable attorneys’ fees.
9. Written Notices. All notices permitted or required under this Cooperative Agreement shall be given to the respective parties at the following address or at such other address as the respective parties may provide in writing for this purpose:
PLEASANT HILL: CONCORD:
City of Pleasant Hill City of Concord
100 Gregory Lane 1950 Parkside Drive, MS/08
Pleasant Hill, CA 94523 Concord, CA 94519
Attn: Ann James, Public Works Director Attn: Carlton Thompson, City Engineer Such notice shall be deemed made when personally delivered or when mailed forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
4 10. Amendments. This Cooperative Agreement may be amended at any time by the mutual consent of the Parties by an instrument in writing.
11. Assignment of Cooperative Agreement. Neither Party may assign nor transfer its respective rights or obligations under this Cooperative Agreement without the express written consent of the other Party. Any purported assignment or transfer by one Party without the express written consent of the other Party shall be null and void and of no force or effect.
12. Waiver. No delay or omission in the exercise of any right or remedy of a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of either Party shall be deemed to waive or render unnecessary such Party’s consent to or approval of any subsequent act of the other Party. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Cooperative Agreement.
13. Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Cooperative Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Cooperative Agreement, which shall be interpreted to carry out the intent of the parties hereunder.
14. Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Cooperative Agreement shall survive any such expiration or termination.
15. Third Party Beneficiaries. There are no third-party beneficiaries to this Cooperative Agreement.
16. Entire Agreement. This Cooperative Agreement contains the entire agreement of the Parties relating to the subject matter hereof and supersedes all prior negotiations, agreements, and understandings.
[SIGNATURES OF FOLLOWING PAGE]
5 SIGNATURE PAGE
TO
COOPERATIVE AGREEMENT
BETWEEN
THE CITY OF PLEASANT HILL
AND
THE CITY OF CONCORD
FOR THE MONUMENT BRIDGE AT CANAL TRAIL PROJECT
(PLEASANT HILL PROJECT 02-26)
IN WITNESS WHEREOF, the Parties hereto have executed this Cooperative Agreement on the date first herein above written.
CITY OF PLEASANT HILL CITY OF CONCORD
By: By:
Ethan Bindernagel, City Manager Jay Wilverding, City Manager ATTEST: ATTEST:
By: By:
Lyone Conner, City Clerk City Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: By:
City Attorney City Attorney
Attachment
Exhibit A: Commitment Letter for Cost Share of a portion of the Monument Bridge at Canal Trail Project, Pleasant Hill Project 02-26
6 City of Concord Finance Director’s Certification
Date: ________________________
Account Code ________________________
Amount: ________________________
I hereby certify that adequate funds exist or will be received during the current fiscal year 2026/27 to pay the anticipated expenses to be incurred pursuant to this contract.
Finance Director
September 22, 2026
Shawn Hung, Ph.D. PE
Associate Engineer
City of Pleasant Hill
100 Gregory Lane
Pleasant Hill, CA 94523
SUBJECT: Commitment for Cost Share for the Monument Boulevard Bridge at Canal Trail Project (City of Pleasant Hill Project No. 02-25)
Dear Mr. Hung:
This letter confirms the City of Concord's commitment to provide funds for the cost of improvements within Concord’s city limits for the Monument Boulevard Bridge at Canal Trail Project (City of Pleasant Hill Project No. 02-25). The project is being performed by the City of Pleasant Hill and is located at the Monument Boulevard bridge at the City of Concord and City of Pleasant Hill border crossing Walnut Creek. This commitment reflects our shared dedication to enhancing the infrastructure and amenities for the benefit of our communities.
The project will provide surface stabilization and access control improvements beneath the Monument Boulevard Bridge abutment to protect the flood control channel and maintain stable grades. Work includes subgrade preparation, installation of an 8-inch riprap layer with grout, and construction of vertical barriers of prefabricated concrete barriers as needed to limit unauthorized access and enhance long term site stability. An agreement is required for the cost of the improvements for an amount up to $88,383 (including a $10,000 contingency). This amount reflects Concord’s fair share of all work within Concord City Limits on the east side of the creek.
The agreement will go before the Concord City Council in October 2026 for adoption and allocation of funds. After the City Council adopts the agreement, the City of Concord and the City of Pleasant Hill will enter into a formal agreement for the reimbursement of the City of Pleasant Hill for the improvements described above.
We look forward to the continued progress and successful outcome of the Monument Boulevard Bridge at Canal Trail Project. Thank you.
Sincerely,
Carlton Thompson, PE
City Engineer
EXHIBIT A