Agmt 2008 Alameda County Congestion Management Agency ACCMA

Home

SECTION 1 THE COSL AGREES: 1.1 To forward $5.072 million in local funds to the ACCMA within (45) days after the approval of this agreement by the COSL City Council and the ACCMA Board. 1.2 To assign a project coordinator to act as a liaison to ACCMA staff. 1.3 To provide to ACCMA traffic data sufficient to complete the design of the Interchange Improvements. SECTION 2 ACCMA AGREES: 2.1 To serve as project manager for the Interchange Improvements, acting as fiscal agent and contracting entity for consultants and contractors. 2.2 To complete final planning, environmental, design and construction of the Interchange Improvements in coordination with the HOV Lane Improvements. 2.3 That the Interchange Improvements shall be designed to provide an acceptable Level of Service (LOS) for traffic in 2030 as determined by the COSL General Plan and concurred by Caltrans. 2.4 To retain all books, documents, papers, accounting records and other evidence pertaining to cost for a period of not less than three (3) years from completion of the Project. SECTION 3 IT IS MUTUALLY AGREED: 3.1 The parties intend that the remaining funds required for the Interchange Improvements will be requested through the Central County Freeway Local Area Transportation Improvement Plan (LATIP) funding process. 3.2 If there are any cost increases for the Interchange Improvements above the estimated cost for the Interchange Improvements assumed in the LATIP or shortfalls in the funding package for the Interchange Improvements, the COSL and the ACCMA shall consult with each other to determine a course of action and assign cost responsibilities. Such determination will be incorporated into this MOU by a written amendment. 3.3 If the lowest responsible bid for the Project exceeds the Engineer's Estimate by more than ten percent (10%), the parties shall consult with each other to determine a course of action. If the parties do not agree in writing on a course of action within thirty (30) days, this Agreement shall be deemed to be terminated by mutual consent. 3.4 If this Agreement is terminated by mutual consent, the ACCMA will return to the COSL all Interchange Improvement funds less (i) expenses incurred by the ACCMA related to the Interchange Improvements prior to that termination, and (ii) anticipated costs for additional improvements already incorporated within the design of the HOV Lane Improvements to accommodate the Interchange Improvements.