CONGESTION MANAGEMENT AGENCY MOU

design-at-risk; and G. WHEREAS, the CMA is sponsoring and managing the project development of the westbound stage of the PROJECT; and H. WHEREAS, it is currently anticipated that the California Department of Transportation ("STATE") will retain a Contractor and manage and administer the construction of both the eastbound and westbound stages of the PROJECT; and WHEREAS, the STATE will submit invoices to the CMA for payment of local contributions for such construction contract if so authorized by separate agreement, and the CMA will serve as liaison between PLEASANTON and the STATE; and J. WHEREAS, as a member of the TVTC, PLEASANTON wishes to ensure that funds set aside for PROJECT in the TVTDF Funding Plan are used as quickly and as expeditiously as possible for the PROJECT; NOW, THEREFORE, THE PARTIES DO HEREBY AGREE AS FOLLOWS: SECTION I CMA AGREES A. To oversee environmental clearance and final design, monitor construction progress, and apply local contribution payments to either the CMA, for reimbursement of environmental clearance, final design or construction management costs, or to the STATE for construction of PROJECT, in accordance with CMA policy. B. To request funding from the TVTC for the PROJECT in accordance with the TVTDF funding plan, which has set aside an overall amount of $8.0 million for PROJECT, beginning with $4.0 million for FY 2007/08. SECTION II PLEASANTON AGREES: A. To support CMA's periodic requests to TVTC for an allocation of TVTDF "Eighty Percent" funds as reimbursement for local funds expended on the PROJECT for environmental clearance, final design, construction management and construction. B. Upon receipt of TVTDF funds from TVTC pursuant to Section II.A above, to transmit such funds promptly to CMA.