HomeMy WebLinkAboutMINUTES - 07281987 - 1.58 THE REDEVELOPMENT AGENCY OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this order on July 28 , 1987 by the following vote:
AYES: Commissioners Powers , Fanden, Schroder, Torlakson and McPeak
NOES: None
ABSENT: None
ABSTAIN: None
Resolution No-RA 87-1:7;
SUBJECT: . Contract With Wagstaff and Brady for
the Preparation of an Environmental
Impact Report for the West Pittsburg
Redevelopment Project Area
The Contra Costa County Redevelopment Agency RESOLVES THAT:
The Contra Costa County Planning Commission on January 12, 1987 by
Resolution No. 55-1986(EC) selected a project area and approved a
Preliminary Plan for the West Pittsburg Redevelopment Project Area,
and on March 9, 1987 by Resolution No. 11-1987 (EC) amended said
project area boundaries.
The California Community Redevelopment Law requires that an Environ-
mental Impact Report be prepared _in conjunction with consideration
of a Redevelopment Plan.
The Contra Costa County Redevelopment Agency distributed a Request
for Proposals to solicit environmental consulting firms for their
assistance in the preparation of an Environmental Impact Report for
the West Pittsburg Redevelopment Project.
The time period for responses to the Request for Proposal has
expired and the Contra Costa County Redevelopment Agency has
received a response from the following firm:
1. Wagstaff and Brady
After review of the proposal submitted, the Agency has determined
that the firm of Wagstaff and Brady would best serve the require-
ments of the Agency and the West Pittsburg Project Area based on
the proposal and the firm' s previous preparation of an Environment-
al Impact Report for the North Richmond Redevelopment Project Area.
The Redevelopment Agency of the County of Contra Costa hereby
authorizes its Executive Director or his designee to enter into an
Agreement for Services with Wagstaff and Brady for the preparation
of an Environmental Impact Report for the West Pittsburg Redevelop-
ment Project in the amount of $27, 240. 00; said Agreement is to
expire on November 30, 1987 .
J hereby certify that this is a true and correct copy of-
an action taken and entered on the :nirtutes of the
Redevelopment Agency on the date shown.
ATTESTED: July 28 , 1987
Orig. Dept. : Community Development PHit,BATCHELOR,Agency Secretary
Redevelopment Agency
cc: o
By 0J Deputy
Resolution No. RA 87-17 ;
#4GR:GR:krc
ra:1-20-87 .BOS
CONSULTING SERVICES AGREEMENT
1. Special Conditions. These Special Conditions are incorporated below by reference.
(a) Public Agency: Contra Costa County Redevelopment Agency
John ags a agsta Brady ourt tree
(h) Consultant's Name 6 Address:
Berkeley, CA 94710
(c) Project Name, Number 6 location: West Pittsburg EIR
(d) Effective Date. July 28, 1987 (e) Payment Limit: $27,240,00
(f) Completion Date: November 30, 1987 (g) Liquidated Damages: S per day
(h) Federal Taxpayers I.D. or Social Security Number: 94-266-0709
2. Signatures. These signatures attest the parties' agreement hereto:
"(� i
PUBLIC AGENCY CONSULTANT
y:�—
By:
esignXe official cappcity 'n th Dus�ness
T e //Business (sole'�rop etorsh p, governmen
agency, partnership, torpor io tc.)
If Corporation, State of Incorporation:
By: By:
Desi n
Note ultant: (1) Execute acknowledgment form below. and (2) if a corporation, signatures must conform ignated
representative pursuant to Corporations Code Sec. 313.
--------------------- ------------------------------- ------------------------
State of California )
ss. ACKNOY.LEDGRENT (b ration, Partnership, or Individual)
County of
The person(s) signing above for Consultant. known to me i ual and business capacity(ies) as stated, personally appeared
before me today and acknowledged that he/she/they execu and ledged to me that the partnership named above executed it
or acknowledged to me that the corporation name executed it pursuan bylaws or a resolution of its board of directors.
Dated:
Nntar� Public
3. Parties. Effective on the above date, the above-named Public Agency and Consultant mutually agree and promise as follows:
4. Employment. Public Agency hereby employs Consultant, and Consultant accepts such employment, to perform the professional
services described herein, upon the terms and in consideration of the payments stated herein.
S. Scope of Service. Scope of service shall be as described in Appendix A. attached hereto and made a part hereof by this
reference.
6. ReportDisclosure Section. Any document or written report prepared hereunder by Consultant. or a subcontractor, for Public
Agency shall contain, in a separate section, the numbers and dollar amounts of this contract and all subcontracts relating to
the Preparatson of such document or written report. provided that the payment limit specified in Sec. I(e) exceeds $5,000. When
multiple documents or written reports are the subject or products of this agreement, the disclosure section may also contain a
statement indicating that the total contract amount represents compensation for multiple documents or written reports.
7. Insurance. Consultant shall, at no cost to Public Agency, obtain and maintain during the term hereof: (a) Workers' Compensation
Insurance pursuant to state law, and (b) Comprehensive Liability Insurance, including coverage for owned and non-owned auto-
mobiles, with a minimum combined single limit coverage of $500,000 for ail damages due to bodily injury, sickness or disease,
or death to any person. and damage to property, including the loss of use thereof, arising out of each accident or occurrence.
Consultant shall furnish evidence of such coverage. naming Public Agency. its officers and employees as additional insureds,
and requiring 30 days' written notice of policy lapse or cancellation.
8. Payment. Public Agency shall pay Consultant for professional services performed at the rates shown in Appendix B-attached
hereto, which include all overhead and incidental expenses, for which no additional compensation shall be allowed. In no event
shall the total amount paid to the Consultant exceed the payment limit specified in Sec. 1(e) without prior written approval
of the Contra Costa County Public Works Director. Consultant's statement of charges shall be submitted at convenient inter-
vals. Payment will be made within thirty, (30) days after receipt of each statement.
9. _ Status. The Consultant is an independent contractor, and shall not be considered an employee of Public Agency.
10. Time for Completion. Unless the time is extended in writing by Public Agency, Consultant shall complete all services covered
by this AgrementVo later than the Completion Date listed above.
11. Re,oi^d Reton tIon. Except for materials and records delivered to Public Agency, Consultant shat: retain all materials and
records prepared or obtained in the performance of this Agreement, including financial records, for a period of at least three
years after Consultant's receipt of the final payment under this Agreement. Upon r,quest by Public Agency, Consultant
ma'-e such materials and records available to Public Agency at no additional charge and without re—rection or limitation on
their use. Consultant shall also maie such materials and records availahle to authnrized representatives of the State and
federal governments at no additional charge.
.2. Documentation. Consu'tai•t shall prepare and deliver to Public Agency at no additional charge the items described in Appendix
A to document the performance of this Agreement and shall furnish to Public Agency such information as is necessary to enable
Public Agency to monitor the performance of this Agreement.
13. Ownership of Documents. All materials and records of a finished nature, such as final plans, specifications, reports, and
maPs. prepared or obtainer' in the performance of this Agreement, snail be delivered to and become the property of Public
Agency. All materials of a preliminary nature, such as survey notes, sketches, preliminary plans, computations and other
data, prepared or obtained in the performance of this Agreement, shall be made available. upon request, to Public Agency at no
additional charge and without restriction or limitation on their use.
14. Extra Work. Any work or services in addition to the work or services described in Appendix A shall be performed by Consultant
according to the rates or charges listed in Appendix B. in the event that no rate or charge is listed for a particular type
of extra work. Consultant shall be paid for the extra work at a rate to be mutually agreed on prior to commencement of the
extra work. In no event shall Consultant be entitled to compensation for extra work unless a written authorization or change
order describing the work and payment terms has been executed by Public Agency prior to the commencement of the work.
15. Liquidated Danaees. The parties to this Agreement agree that, in the event that the services described in this Agreement are
not completed on tine, Public Agency will sustain damage and that it will be impracticable and extremely difficult to ascertain
the actual damage which Public Agency will sustain. In the event that Consultant fails to complete all of the services
described in this Agreement on or before the Completion Date listed in Section 1 above, or within the period of any authorized
extension, Consultant shall pay as and for liquidated damages, the sum listed in Section 1 above for each calendar day that
completion is delayed.
16. Termination by Public Agency. At its option, Public Agency shall have the right to terminate this Agreement at any time by
written notice to Consultant, whether or not Consultant is then in default. Upon such termination, Consultant shall, without
delay, deliver to Public Agency all materials and records prepared or obtained in the performance of this Agreement, and shall
be paid, without duplication. all amounts due for the services rendered up to the date of termination.
17. Abandonment by Consultant. In the event that Consultant ceases performing service under this Agreement or otherwise abandons
the project prior to completing all of the services described in this Agreement. Consultant shall, without delay, deliver to
Public Agency all materials and records prepared or obtained in the performance of this Agreement. and shall be paid for the
reasonable value of the services performed up to the time of cessation or abandonment, less a deduction for any damages or
additional expenses which Public Agency incurs as a result of such cessation or abandonment.
18. Breach. In the event that Consultant fails to perform any of the services described in this Agreement or otherwise breaches
this Agreement, Puhlic Agency shall have the right to pursue all remedies provided by law or equity. Any disputes relating to
the performance of this Agreement shall not be subject to non-judicial arbitration.
19. Compliance with Laws. in performing this Agreement, Consultant shall comply with all applicable laws, statutes, ordinances,
rules and regulations, whether federal, state or local in origin.
20. Assignment. This Agreement shall not he assignable or transferable in whole or in part by Consultant, whether voluntarily, by
operation of law or otherwise; provided, however, that Consultant shall have the right to sub-contract that portion of the
services for which Consultant does not have the facilities to perform so long as Consultant notifies Public Agency of such
subcontracting prior to execution of this Agreement. Any other purported assignment, transfer or sub-contracting shall be void.
e
21. Endorsement on Plans. Consultant shalt endorse all plans, specifications, estimates, reports and other items described in
Appendix A prior :o delivering them to Public Agency.
22. Patents and Copyrichts. The issuance of a patent or copyright to Consultant or any other person shall not affect Public
Ager.; ,'s rights to the materials and records prepared or obtained in the performance of this Agreement. public Agency reserves
a license to use such materials and records without restriction or limitation, and Public Agency shall not be required to pay
any additional fee or royalty for such materials or records. The license reserved by Public Agency shall continue for a
period of fifty years from the date of execution of this Agreement, unless extended by operation of law or otherwise.
21. indemnification. Consultant shall defend, indemnify, save and hold harmless Public Agency and its officers and employees from
any ani all claims, Costs and liability for any damages, injury or death arising directly or indirectly from or connected
with the services provided hereunder, due to or claimed or alleged to be due to negligent or wrongful acts, errors or omissions
of Consultant or any person uninr its control., save and except claims or litigation arising through the sole negligence or
sole willful. :misconduct of Public Agency, and will make good to and reimhurse Public Agency for any expenditures, including
reasonable attorneys fees, Public Agency may make by reason of such matters and, if requested by Public Agency, will defend
any such suits at the sole cost and expense of Consultant.
24. Heirs, Successors r.nd Ass4ons. Except as provided otherwise in Section 20 above, this Agreement shall inure to the benefit of
and h nd the heir;, successors, executors, personal representatives and assigns of the parties.
Attachments
Appendix A
Appendix B
Appepg
b
Appp.wC.i.�rg� ,
Form approved by County Counsel
1216`
(ConServsAgrep)
r - ORIGINAL
APPENDIX "A"
• Consultant shall prepare a Draft Environmental Impact Report in
accordance with the California Environmental Quality Act and
County guidelines for the project specified in Paragraph 1 of
this Contract. The report shall be prepared in the format
specified by the County. The administrative draft shall be
double spaced and suitable for duplication by office copier
methods.
The consultant shall prepare the report in an "Administrative
Draft" form initially and submit six ( 6) copies for the
Redevelopment Agency/Community Development Department review.
The "Administrative Draft" shall be submitted by Consultant to
the Redevelopment Agency/Community Development Department no
later than forty-five ( 45) calendar days after the date the
Consultant is authorized by the Redevelopment Agency to proceed
with preparation of the report, unless approval of extension on
such deadline is given by the Executive Director or his designee.
After the Redevelopment Agency/Community Development Department
reviews and comments on the draft, the Consultant shall revise
the Administrative Draft Report in accordance with such comments
and submit one camera ready copy suitable for duplication and
distribution of the "Circulation Draft" for review and acceptance
by the Redevelopment Agency/Community Development Department.
The "Circulation Draft" shall be submitted by the Consultant to
the Redevelopment Agency/Community Development Department no
later than seven (7 ) calendar days after return of the edited
Administrative Draft to the Consultant by the Redevelopment
Agency unless approval of the extension of such deadline is given
by the Executive Director of the Redevelopment Agency. The final
draft EIR with responses to comments shall be submitted no later
than fourteen ( 14) calendar days after receipt of all comments by
the consultant.
Consultant shall as part of the contractual obligation assist
County in the preparation of responses to comments on the draft
EIR for the purpose of producing a "Final EIR" for the project.
Preparation of responses to all comments presented to the Hearing
Body on the Circulation Draft EIR are the responsibility of the
Consultant.
Assistance of County staff required by the Consultant in the
gathering of data to complete this report shall be limited to the
supplying of source documents on County premises. No compiling
of data will be done by County staff. All other County staff
support effort will be limited to that specifically enumerated
below:
None.
Unless otherwise approved by the Redevelopment Agency, all work
products shall be submitted in an 8 1/2" x 11" format.
GR:krc
ra8:appendix.jan
M � R-2
APPENDIX "B"
PAYMENT PROVISIONS
County shall pay Consultant for professional services
performed as follows:
A. For preparation of the Enviornmental Impact Report a
fee not to exceed the amount stated in Section 1(e) .
1. The first installment of fifty percent ( 50%) of
the fee specified in Section 1(e) shall be paid
after receipt of the Administrative Draft.
2 . The second installment of thirty percent ( 30%) of
the fee specified in Section 1(e) shall be paid
after the Executive Director of the Redevelopment
Agency receives and finds acceptable the Circula-
tion Draft.
3 . The third installment of ten percent ( 10%) of the
fee specified in Section 1 (e) shall be paid after
the Executive Director of the Redevelopment Agency
receives and finds acceptable the response to
comments as are required and the final draft EIR.
4. The balance of the fee shall be paid after final
acceptance of the Environmental Impact Report by
the appropriate hearing body.
B. Upon receipt of an acceptable contract, the County may,
at its exclusive option, pay to the consultant a
retainer fee not to exceed twenty percent ( 20%) of the
total fee. This amount shall be deducted from that
amount payable under item A. 1 above and only the amount
remaining under item A. 1 will be paid after receipt of
the Administrative Draft.
C. The fees specified in Section A above include all
overhead and incidental expenses for which no additio-
nal compensation shall be allowed. In no event shall
the total amount paid to the Consultant exceed the fee
limit specified in Section 1(e) without prior written
approval of the County.
GER:krc
ra8:raycraft.jan