Agreement No. 04-3038
Project No.: 0421000249
EA: 04-2W660
04-CC-80-0.23
Agreement No. 04-3038 | 04-CC-80 | EA: 04-2W660
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COOPERATIVE AGREEMENT
Local Contribution Only
This AGREEMENT, executed on and effective from __________________________, is between the State of California, acting through its Department of Transportation, referred to as CALTRANS, and:
City of Richmond, a body politic and municipal corporation or chartered city of the State of California, referred to hereinafter as CITY .
RECITALS
1. PARTIES are authorized to enter into a cooperative agreement for improvements to the State Highway System (SHS) per the California Streets and Highways Code, Sections 114 and 130.
2. The term AGREEMENT, as used herein, includes this document and any attachments, exhibits, and amendments.
3. For the purpose of this AGREEMENT, located on Central Avenue crossing I-80 between San Joaquin St./Jacuzzi St. and San Luis St./Pierce St. in the City of Richmond, a block from the City of El Cerrito. Project will improve pedestrian/bicycle access at Central Ave I- 80 undercrossing with wider sidewalks, new sidewalk-level bikeways, crossing improvements, pedestrian lighting, and fencing will be referred to hereinafter as PROJECT.
This description only serves to identify the PROJECT. The project scope of work is defined in the appropriate authorizing documents per the Project Development Procedures Manual.
4. CITY will contribute an amount of $50,000 to the PROJECT. Contributed funds will be used for the PROJECT.
5. PARTIES agree that funds will be contributed to the following PROJECT COMPONENTS:
CONSTRUCTION CAPITAL
6. PARTIES hereby set forth the terms, covenants, and conditions for CITY contribution toward the PROJECT.
ROLES AND RESPONSIBILITIES
7. CALTRANS is the SPONSOR and IMPLEMENTING AGENCY for the PROJECT.
Agreement No. 04-3038
Project No.: 0421000249
EA: 04-2W660
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Agreement No. 04-3038 | 04-CC-80 | EA: 04-2W660
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8. CITY is a FUNDING PARTY contributing a fixed amount toward the PROJECT as shown in the FUNDING TABLE.
9. CALTRANS is responsible for completing all work for the PROJECT.
GENERAL CONDITIONS
10. All portions of this AGREEMENT, including the RECITALS section, are enforceable.
11. All CALTRANS' obligations and commitments under this AGREEMENT are subject to the appropriation of resources by the Legislature, the State Budget Act authority, programming and allocation of funds by the California Transportation Commission (CTC).
12. PARTIES will first attempt to resolve AGREEMENT disputes at the PROJECT team level.
If they cannot resolve the dispute themselves, the CALTRANS District Director and the Executive Officer of CITY will attempt to negotiate a resolution. If PARTIES do not reach a resolution, PARTIES' legal counsel will initiate mediation. PARTIES agree to participate in mediation in good faith and will share equally in its costs.
Neither the dispute nor the mediation process relieves PARTIES from full and timely performance of the work and fulfillment of obligations in accordance with the terms of this AGREEMENT. However, if any PARTY stops fulfilling its obligations, any other PARTY may seek equitable relief to ensure that the work continues.
Except for equitable relief and/or to preserve the statute of limitations, no PARTY may file a civil complaint until after mediation, or forty-five (45) calendar days after filing the written mediation request, whichever occurs first.
PARTIES will file any civil complaints in the Superior Court of the county in which the CALTRANS District Office signatory to this AGREEMENT resides or in the Superior Court of the county in which the PROJECT is physically located.
13. PARTIES maintain the ability to pursue alternative or additional dispute remedies if a previously selected remedy does not achieve resolution.
14. The cost of any engineering support performed by CALTRANS includes all direct and applicable indirect costs. CALTRANS calculates indirect costs based solely on the type of funds used to pay support costs. State and federal funds administered by CALTRANS are subject to the current Program Functional Rate. All other funds are subject to the current Program Functional Rate and the current Administration Rate. The Program Functional Rate and Administration Rate are adjusted periodically.
Agreement No. 04-3038
Project No.: 0421000249
EA: 04-2W660
04-CC-80-0.23
Agreement No. 04-3038 | 04-CC-80 | EA: 04-2W660
Page | 3
In accordance with California law, the Administration Rate is capped at 10 percent for Self- Help Counties with a countywide sales tax measure dedicated to transportation improvements.
15. Neither CITY nor any of its officers and employees, are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CALTRANS under this AGREEMENT. It is understood and agreed that CALTRANS, to the extent permitted by law, will defend, indemnify, and save harmless CITY and all of its officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under this AGREEMENT.
16. This AGREEMENT is intended to be PARTIES’ final expression and supersedes any oral understanding or writings pertaining to PROJECT.
INVOICE AND PAYMENT
17. CITY will contribute the funds listed below:
FUNDING TABLE
Fund
Source
Fund
Type
Project
Component Amount ($)
Local Local Construction Capital 50,000
Total Funds 50,000
18. CALTRANS will invoice CITY for a lump sum (single payment) after execution of this AGREEMENT for all State and local funds not allocated to CALTRANS by the CTC.
19. CITY will pay the invoiced amount within forty-five (45) calendar days of receipt of the invoice unless CITY is paying with Electronic Funds Transfer (EFT). When paying with EFT, CITY will pay the invoiced amount within five (5) calendar days of receipt of the invoice.
20. If CITY has received EFT certification from CALTRANS then CITY will use the EFT mechanism and follow all EFT procedures to pay all invoices issued from CALTRANS.
Agreement No. 04-3038
Project No.: 0421000249
EA: 04-2W660
04-CC-80-0.23
Agreement No. 04-3038 | 04-CC-80 | EA: 04-2W660
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21. After all work for the PROJECT is complete, CALTRANS will submit CITY a final accounting for all costs. Based on the final accounting CALTRANS will, if necessary, refund CITY the unexpended local fund sources shown in the FUNDING TABLE.
22. This AGREEMENT will be terminated when CALTRANS receives full payment of the CITY's funds. However, all indemnification and final accounting articles will remain in effect until terminated or modified in writing by mutual agreement.
Agreement No. 04-3038
Project No.: 0421000249
EA: 04-2W660
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Agreement No. 04-3038 | 04-CC-80 | EA: 04-2W660
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DEFINITIONS
FUNDING PARTY - A PARTY who commits a defined dollar amount to the PROJECT.
IMPLEMENTING AGENCY - The PARTY responsible for managing the scope, cost, and schedule of a project component to ensure the completion of that component.
PARTY - An individual signatory agency in this AGREEMENT.
PARTIES - The term that collectively references all of the signatory agencies to this AGREEMENT.
SPONSOR - The PARTY that accepts the obligation to secure financial resources to fully fund PROJECT. This includes any additional funds beyond those committed in this AGREEMENT necessary to complete the full scope of PROJECT.
PROJECT COMPONENT - A distinct portion of the planning and project development process of a capital project as outlined in California Government Code, Section 14529(b). PID (Project Initiation Document) - The activities required to deliver the project initiation document for the PROJECT.
PA&ED (Project Approval and Environmental Document) - The activities required to deliver the project approval and environmental documentation for the PROJECT.
PS&E (Plans, Specifications, and Estimate) - The activities required to deliver the plans, specifications, and estimate for the PROJECT.
R/W (Right of Way) SUPPORT - The activities required to obtain all property interests for the PROJECT.
R/W (Right of Way) CAPITAL - The funds for acquisition of property rights for the PROJECT.
CONSTRUCTION SUPPORT - The activities required for the administration, acceptance, and final documentation of the construction contract for the PROJECT. CONSTRUCTION CAPITAL - The construction contract funds for the PROJECT.
Agreement No. 04-3038
Project No.: 0421000249
EA: 04-2W660
04-CC-80-0.23
Agreement No. 04-3038 | 04-CC-80 | EA: 04-2W660
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Contact Information
The information provided below indicates the primary contact information for each PARTY to this AGREEMENT. PARTIES will notify each other in writing of any personnel or location changes.
Contact information changes do not require an amendment to this AGREEMENT.
CALTRANS
Terence Lai, Project Manager
111 Grand Ave
Oakland, CA 94612
Office Phone: (510) 926-0182
Email: [email protected]
CITY OF RICHMOND
Hillal Hamdan, Senior Civil Engineer
450 Civic Center Plaza
Richmond, CA 94804
Office Phone: (510) 631-1398
Email: [email protected]
Agreement No. 04-3038
Project No.: 0421000249
EA: 04-2W660
04-CC-80-0.23
Agreement No. 04-3038 | 04-CC-80 | EA: 04-2W660
Page | 7
SIGNATURES
PARTIES are authorized to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on behalf of the respective agencies and hereby covenants to have followed all the necessary legal requirements to validly execute this AGREEMENT. By signing below, the PARTIES each expressly agree to execute this AGREEMENT electronically.
The PARTIES acknowledge that executed copies of this AGREEMENT may be exchanged by facsimile or email, and that such copies shall be deemed to be effective as originals.
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
Wajahat Nyaz
Deputy District Director, Design
Verification of Funds and Authority:
Jeffrey Kuehnel
District Budget Manager
Certified as to financial terms and policies:
Percy Ramil
HQ Accounting Supervisor
HQ Legal Representative
HQ Legal Rep Title
CITY OF RICHMOND
Shasa Curl
City Manager
City of Richmond