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HomeMy WebLinkAboutMINUTES - 06282011 - C.106RECOMMENDATION(S): APPROVE and AUTHORIZE the Contra Costa County Public Works Director, or her designee, to execute a Project Agreement and Work Program with the Contra Costa County Redevelopment Agency, in the amount of $363,482 for the pedestrian and transit improvements along San Pablo Avenue and Kay Road in the Montalvin Manor Redevelopment Project Area, with a term of February 1, 2011 to June 30, 2012. FISCAL IMPACT: No General Funds would be utilized. Redevelopment Agency, Transportation for Livable Communities, Transportation Development Act, Safe Routes to School, Community Development Block Grant, Measure J, Gas Tax and Bus Shelter funds will be used for the improvements. BACKGROUND: The Montalvin Manor Pedestrian and Transit Access Improvement Strategy document, accepted by the Agency Board on July 13, 2004, identified the goal of strengthening pedestrian APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 06/28/2011 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Gabriel Lemus, 335-7229 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: June 28, 2011 David Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.106 To:Board of Supervisors From:Catherine Kutsuris, Conservation & Development Director Date:June 28, 2011 Contra Costa County Subject:Montalvin Manor - San Pablo Avenue and Kay Road Pedestrian and Transit Improvments BACKGROUND: (CONT'D) and bike access and safety for the overall neighborhood. Creating sidewalks and improving bicycle access along San Pablo Avenue and Kay Road were identified as top priority actions by the Montalvin Manor community that would improve the overall pedestrian safety for the neighborhood. The development and improvement of sidewalks and bicycle access along San Pablo Avenue and Kay Road would create a safe and pleasant pedestrian environment by connecting the residents to important community amenities and other transit stops. The scope of the project includes engineering and design plans, environmental review, construction engineering, and installation/construction of the sidewalk/streetscape improvements. Improvements will include, but not limited to re-grading, installation/construction of approximately 3,000 feet of sidewalk, bus shelter installation, and improvement of the drainage system. The project is planned to start construction by June 2011 and completed by October 2011. The improvements along San Pablo Avenue and Kay Road, when completed, will improve the overall pedestrian safety and create a pleasant streetscape along San Pablo Avenue and Kay Road, which would benefit all the residents in the community. Scheduling this agreement for Board approval was delayed following adoption of the Redevelopment Agency budget. Significant reductions in tax increment revenue have been experienced and projections indicate the revenue will recover at a very slow pace for the Montalvin Manor project area. More recently, the Public Works Department received approval for $264,500 in Safe Routes to School Program funds from the Metropolitan Transportation Commission. The Public Works Department has also recently identified additional revenue from bus shelter advertising and from recent staff vacancies that can be dedicated to this project. This additional revenue has reduced the demand on bond proceeds from the Montalvin Manor project area to an acceptable level. This agreement further stipulates that the Public Works Department will not seek additional Redevelopment Agency funds should any future cost increases occur as this project is completed. Given these circumstances, the Department recommends approval of the agreement. CONSEQUENCE OF NEGATIVE ACTION: Failure to act on the recommendation would result in the project being unable to proceed to construction. Approximately $323,000 in Transportation for Livable Communities funding and $264,500 in Safe Routes to School funding would be lost. The Board would also need to withdraw a Board Resolution certifying to the Metropolitan Transportation Commission our commitment to provide the remaining funds necessary to construct this project. Approximately $800,000 in Redevelopment Agency funds has been spent on this project. CHILDREN'S IMPACT STATEMENT: Completion of this project will improve safety for children going to and from Montalvin Completion of this project will improve safety for children going to and from Montalvin Manor Elementary School. ATTACHMENTS San Pablo Ave Improvement Contract Contract #________ CONTRA COSTA COUNTY REDEVELOPMENT AGENCY PROJECT AGREEMENT AND WORK PROGRAM Section I - AGREEMENT IDENTIFICATION A. Redevelopment Project Area: Montalvin Manor B. Contractor Name: Contra Costa County C. Contractor Address: Public Works Department 255 Glacier Drive Martinez CA 94553 D. Contractor Contact: Alex Rivas E. Contractor Telephone: 313-2161 F. Contractor Facsimile: 313-2333 G. Agreement Subject: San Pablo Avenue and Kay Road Pedestrian Improvements H. Contractor WO#: Fund #:289700 Org #: 7883 Section II - PARTIES This Agreement is made and entered into as of this 1st day of June, 2011 by and between Contra Costa County ("Contractor") through its Public Works Department and the Contra Costa County Redevelopment Agency ("Agency"). Section III - CONTRACTOR'S OBLIGATION Contractor shall provide those services and carry out that work as described herein and in accordance with the "Project Work Program" attached hereto as Exhibit A and incorporated herein by reference, subject to the terms and conditions contained herein. Section IV – ALLOCATION PAYMENT LIMIT Agency’s total payments to Contractor under this Agreement shall not exceed $363,482. Agency shall make payments to the Contractor described in "Payment Provisions" attached hereto as Exhibit B which are incorporated herein by reference, subject to the terms and conditions contained herein. Section V - GENERAL CONDITIONS This Agreement is subject to the "General Conditions" attached hereto as Exhibit C, and incorporated herein by reference. Section VI - TERMS The effective date of this Agreement is June 1, 2011, and it terminates June 30, 2012, unless sooner terminated as provided herein. Project Agreement & Work Program Page 2 Section VII - NOTICES Any notice which may be required under this Agreement shall be in writing, shall be effective when received to the addresses set forth below, or to such addresses which may be specified in writing to the parties hereto: Agency Contra Costa County Redevelopment Agency 2530 Arnold Drive, Suite 190 Martinez, CA 94553 Attn: Gabriel Lemus Contractor Contra Costa County Public Works Department 255 Glacier Drive Martinez CA 94553 Attn: Adelina Huerta AGENCY: CONTRACTOR: CONTRA COSTA COUNTY CONTRA COSTA COUNTY REDEVELOPMENT AGENCY PUBLIC WORKS DEPARTMENT By: By:____________________ Steven L. Goetz, Julia R. Bueren, Director-Redevelopment Public Works Director APPROVED: COUNTY ADMINISTRATOR By: _____________________________________ CAO, designee Recommended By: _________________________________ Approved As To Form: Sharon L. Anderson County Counsel By: ________________________________________ Deputy EXHIBIT A CONTRA COSTA COUNTY REDEVELOPMENT AGENCY MONTAVLIN MANOR REDEVELOPMENT PROJECT AREA PROJECT WORK PROGRAM A. PROJECT DESCRIPTION Contra Costa County, Public Works Department will install: 3,000 ft of sidewalk and drainage installation/improvements; two new bus shelters; ADA accessible curb ramps along San Pablo Avenue and Kay Road in the Montalvin Manor Redevelopment Project Area. The scope of the project also includes preparation and completion of engineering and design plans, environmental review, and construction engineering. This project will provide an increase in pedestrian and bicyclist safety along major pedestrian/bicycle transportation areas while improving the aesthetic entrance for the Montalvin Manor Redevelopment Project Area. The project is being paid by the Contra Costa County Redevelopment Agency and partially paid for by regional Transportation for Livable Communities funds, MTC - Transportation Development Act funds, and Community Development Block Grant funds. B. PROJECT TIME SCHEDULE/DRAW SCHEDULE Time Schedule on a month-by-month basis for the above Project indicating when major activity items are expected to be undertaken and completed: Month Work Item Estimated Expense Draw Ongoing Pedestrian improvements $10,000 to $194,000 (per quarter) along San Pablo Avenue and Kay Road – Montalvin Manor C. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE Contractor: Contra Costa County Public Works Department Budget Period: 6/1/11 - 6/30/2012 (a) (b) (c) + Agency Funds - $ Other Funds - $ = Total Budget Item (Bond Proceeds) Construction Costs $125,686 $608,855 $739,541 P.E./Environmental/ $237,796 $178,000 $415,796 Admin./Staff Costs Contingency $110,645 $110,645 TOTAL $363,482 $897,500 $1,260,982 Notes: (a) Items to be funded by Agency funds - Bond proceeds. This is the maximum contribution of Agency funds. Public Works Department shall seek non- Agency funds should any future cost increases occur as this project is completed. (b) Estimate of other necessary expenditures funded with non-Agency monies; and indication of anticipated resources. $70,000 bus stop advertising funds, $100,000 Measure J/Gas Tax from DCD FY 11/12 budget savings by not filling transportation planning position, $264,500 Safe Routes to School funds. (c) Contract Payment Limit, by Budget Item, for project. Project Work Program - Page 2 D. PROGRAM MONITORING Contractor shall report at least quarterly (or more frequently if requested by the Agency) to the Agency the status of funds expended, balances remaining, and a narrative of the project status relative to the stated Work Program, and budget schedule. E. PERFORMANCE STANDARDS The following performance standards will be applied in implementing the Work Program. 1. If Agency funds are used for construction, provide one (1) set of the bid documents to the Agency. Bid documents to include at a minimum plans, specifications, and quantity sheets. Upon award of the construction contract, Contractor shall provide one (1) copy of the executed construction contract and the bid schedule of the successful bidder complete with unit prices and total award amount. 2. Contractor shall, at a minimum, notify applicable minority owned business firms located in Contra Costa County of bid opportunities for Agency funded projects and maintain documentation of such efforts. A listing of minority owned businesses located in Contra Costa County and neighboring counties is available from the Agency. 3. Contractor shall notify applicable local employment and referral agencies in Contra Costa County of employment opportunities for Agency funded projects and maintain documentation of such efforts. The Board of Supervisors adopted, on April 3, 1984, an "Initial Resource" policy for employers to assure continuing employment opportunities to economically disadvantaged and unemployed residents of the County. 4. Contractor shall be responsible for evaluation of prospective consultants and contractors and subsequent award of work consistent with this Agreement. 5. Contractor shall be responsible for the project and shall provide management of consultant and contractor activities, including responsibility for schedule, budget and oversight of the services, consistent with the scope of the budget herein. 6. If the Project involves construction, Contractor shall install a sign approved by the Agency, that identifies the Agency as a funding source, no later than 30 days after the commencement of construction. The Agency's role shall be acknowledged in any advertisements, brochures, or news releases to the media. 7. If the Project involves real property acquisition, Contractor shall follow the requirements of State law, and the Federal Uniform Acquisition and Relocation Assistance Act. 8. Additional Acts and Documents. Each party agrees to do all such things and take all such actions, and to make, execute and deliver such other documents and instruments, as shall be reasonably requested to carry out the provisions, intent and purpose of the Agreement. 9. Integration. The Agreement represents the entire Agreement of the parties with respect to the subject matter hereof. No representations, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein, or in other contemporaneous written agreements. 10. Amendment. This Agreement may not be changed, modified or rescinded except in writing, signed by all parties hereto, and any attempt at oral modification of this Agreement shall be void and of no effect. 11. Assignment. The Agreement may not be assigned, transferred, hypothecated, or pledged by any party without the express written consent of the other party. Project Work Program – Page 3 12. Binding on Successors, Etc. This Agreement shall be binding upon the successor(s), assignee(s) or transferee(s) of the Agency. This provision shall not be construed as an authorization to assign, transfer, hypothecate or pledge this Agreement other than as provided above. 13. Severability. Should any part of this Agreement be determined to be unenforceable, invalid, or beyond the authority of either party to enter into or carry out, such determination shall not affect the validity of the remainder of this Agreement which shall continue in full force and effect; provided that, the remainder of this Agreement can, absent the excised portion, be reasonably interpreted to give effect to the intentions of the parties. 14. Counterparts. This Agreement may be executed in counterparts. 15. Survival. The following provisions in this agreement shall survive discharge: (a) Exhibit C, Paragraphs 3 and 4 (Records and Retention of Records); (b) Exhibit B, Paragraphs 8 and 9 (Audits and Audit Exceptions). EXHIBIT B PAYMENT PROVISIONS 1. Payment Basis. Agency shall in no event pay to the Contractor a sum in excess of the total amount specified in the Payment Limit of this Agreement. Subject to the Payment Limit, it is the intent of the parties hereto that the total payment to Contractor for all services provided for Agency under this Agreement shall be only for costs that are allowable costs (see Paragraph 3 below) and are actually incurred in the performance of Contractor's obligations under this Agreement. 2. Payment Amounts. Subject to later adjustments in total payments in accordance with the below provisions for Cost Report and Settlement, Audits, and Audit Exceptions, and subject to the Payment Limit of this Agreement, Agency will pay Contractor an amount equal to Contractor's allowable costs that are actually incurred, but subject to "Contractor's Detailed Expenditure Schedule" contained in the Project Work Program. 3. Allowable Costs. Contractor's allowable costs are only those which are determined in accordance with California Redevelopment Law (Health & Safety Code, Section 33000 et seq.) as may be revised and amended. All of the aforesaid documents are by this reference incorporated herein. 4. Payment Demands. Contractor shall submit a written request for payment to the Agency quarterly (or more frequently if requested by the Agency) in accordance with the above. Contractor requests shall be in the form of a memorandum describing the services performed, materials used, and the work order number/contract number, and such additional detail as necessary to support the request. Contractor shall defer billing for pre-construction engineering for 90 days after completion of this phase of the project. Contractor shall submit said memoranda for payment for services rendered no later than 90 days from the completion of the project. Contractor requests will be reviewed by the Agency for consistency with the Work Program and budget (Exhibit A). After approval by the Agency, the memorandum will be forwarded to the County Auditor's Office, authorizing payment to the Contractor. 5. Right to Withhold. Agency has the right to withhold payment to the Contractor by Agency notifying Contractor in writing if (a) the Contractor has failed to perform its duties under this Agreement, or has insufficiently documented same, or (b) the Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Contractor has failed to sufficiently itemize or document its demands for payment. 6. Payment Adjustments. If any funds are expended by the Contractor in violation of any of the terms and conditions of this Agreement, Agency may make necessary adjustments in payments to Contractor on account of such unauthorized or illegal expenditure. No such action taken by Agency shall entitle Contractor to reduce salaries, wages, or supportive services for any participant or to expend less during the effective period of this Agreement than those sums called for in the Project Work Program. Any such reduction in expenditures may be deemed sufficient cause for termination. Contractor shall reimburse Agency for any allocated monies which are expended in violation of this Agreement or used for unauthorized or illegal expenditures. 7. Cost Report and Settlement. No later than ninety (90) days following the termination of this Agreement, Contractor shall submit to Agency a cost report in the form required by Agency, showing the allowable costs that have actually been incurred by Contractor under this Agreement. If said cost report shows that the allowable costs that have actually been incurred by Contractor under this Agreement exceed the payments made by Agency pursuant to Paragraph 2 (Payment Amounts) above, Agency will remit any such excess amount to Contractor, but subject to Payment Limit of this Agreement. If said cost report shows that the payments made by Agency pursuant to Paragraph 2 (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Agreement, Contractor shall remit any such excess amount to Agency. Payment Provisions - Page 2 8. Audits. The records of the Contractor may be audited by the Agency, County or State government, in addition to any certified cost report or audit required by Paragraph 7 (Cost Report and Settlement). Any certified cost report or audit required by Paragraph 7 shall be submitted to Agency by Contractor within such period of time as may be expressed by applicable State law, regulations, policies or contracts, but, in no event later than 18 months from the termination date of this Agreement. If such audit(s) show that the payments made by Agency pursuant to Paragraph 2 (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Agreement, including any adjustments made pursuant to Paragraph 7 (Cost Report and Settlement) above, then Contractor agrees to pay to Agency within 30 days of demand by Agency any such excess amount. If such audit(s) show that the allowable costs that have actually been incurred by Contractor under this Agreement exceed the payments made by Agency pursuant to Paragraph 2 (Payment Amounts) above, including any adjustments made pursuant to Paragraph 7 (Cost Report and Settlement) above, then Agency agrees to pay to Contractor any such excess amount, but subject to Payment Limit of this Agreement. 9. Audit Exceptions. In addition to its obligations under Paragraph 8 (Audits) above, Contractor agrees to accept responsibility for receiving, replying to and/or complying with any audit exceptions by appropriate County, Agency or State agencies occurring as a result of its performance of this Agreement. Contractor also agrees to pay to the Agency within 30 days of demand by Agency the full amount of the Agency's liability, if any, to the State government resulting from any audit exceptions, to the extent such are attributable to the Contractor's failure to perform properly any of its obligations under this Agreement. EXHIBIT C GENERAL CONDITIONS 1. Compliance with Law. Contractor shall submit to and comply with all Federal, State and local laws and regulations applicable to public agencies with respect to its performance hereunder. 2. Inspection. Contractor's performance, place of business and records pertaining to this Agreement are subject to monitoring, inspection, review and audit by authorized representatives of the Agency, the County, and the State of California. 3. Records. Contractor shall keep and make available records for inspection by authorized representatives of the Agency, County, and the State of California during the Contractor's regular business hours pertaining to this Agreement and such additional records as may be required by the Agency. 4. Retention of Records. The Contractor and Agency agree to retain all documents pertaining to this Agreement for three years from the date the Board of Supervisors accepts the project as complete, except as follows: (a) Records that are the subject of audit findings shall be retained for three years after such findings have been resolved. (b) Records for any displaced persons shall be retained for three years after (s)he has received final payment. 5. Termination. (a) Failure to Perform. In the event the Contractor fails to perform properly any of its obligations hereunder and such failure of performance is not cured by the Contractor within thirty (30) days after receipt of written notice from the Agency, the Agency may, in addition to any other remedies, complete the Contractor's obligations in any reasonable manner it chooses, take possession of any real or personal property associated with the project, and construct, operate or maintain the project as the Agency may deem necessary to fulfill requirements of the adopted Redevelopment Plan. The Contractor agrees to reimburse the Agency for any costs or expenses incurred by the Agency because of said failure to perform and also agrees to convey title to any real property acquired by Contractor with project funds should Agency request such title. (b) Cessation of Funding. In the event the Agency funding for this Agreement ceases, this Agreement is terminated. (c) Failure by the Contractor to perform properly any of its obligations under this Agreement may be cause for suspension of all obligations of the Agency there under. (d) If termination of this Agreement is by mutual consent, the Agency and Contractor will bear a proportional share of all costs relative to the committed financing incurred prior to termination. 6. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Agreement including, but not limited to, monitoring, auditing, billing or regulatory changes, may be developed and set forth in written "Informal Agreement" entered between the Contractor and the Agency. Such "Informal Agreements" when entered shall not be modifications to this Agreement except to the extent that they further detail or clarify that which is already required hereunder. General Conditions - Page 2 Further, any "Informal Agreement" entered may not enlarge in any manner the scope of this Agreement, including any sums of money to be paid the Contractor as provided herein. "Informal Agreements" may be approved for, and executed on behalf of the Agency by the Agency Executive Director or his Designee. 8. Modifications and Amendments. (a) General Agreements. This Agreement may be modified or amended only by a written document executed by the Contractor and the Agency. (b) Administrative Amendments. Subject to the Payment Limit, only the Payment Provisions and the Project Work Program may be amended by a written administrative amendment executed by the Contractor and the Agency Executive Director or his Designee, provided that such administrative amendments may not materially change the Payment Provisions or the Project Work Program. (c) Extension of Term for Performance. Without requiring Contractor to provide consideration in addition to that supporting this Agreement, the Agency may grant Contractor an extension of time for performance, beyond that time specified above under Section VI - TERMS. Any such extension must be in writing and shall be at the sole discretion of the Agency. 9. Disputes. Disagreements between the Agency and Contractor concerning the meaning, requirements, or performance of this Agreement shall be subject to final determination in writing by the Executive Director of the Agency. 10. Retained Powers. All powers not explicitly invested in the Contractor remain in the County.