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HomeMy WebLinkAboutMINUTES - 01051993 - 1.89 1 . 89 TO: REDEVELOPMENT AGENCY y' 1 ° =- Contra FROM: Phil Batchelor _ s Costa Executive Director ° :r County DATE: January 5, 1993 ' C°"" SUBJECT: Contract between Contra Costa County and Redevelopment Agency - Willow Pass Road Improvements, West Pittsburg SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S)& BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Approve and Authorize Redevelopment Director to sign a contract with Contra Costa County, for design and construction of road improvements along Willow Pass Road in the West Pittsburg Redevelopriient Project Area. FISCAL IMPACT No General Fund money will be used on this project. the total contract amount is $1,093,325. The Redevelopment Agency will reimburse the County for expenditures up to $973,325, out of its Bond Proceeds for the West Pittsburg Project Area. The remaining $120,000 will be paid for out of State roadway improvement funds. BACKGROUND/REASONS FOR RECOMMENDATIONS A major redevelopment activity in West Pittsburg is to improve and upgrade the existing infrastructure. Willow Pass Road. as the major corridor through West Pittsburg has been slated for much of this activity. In previous years, the county and redevelopment agency constructed improvements along Willow Pass Road, west of Bailey. This work included widening the road, installing sidewalk, curb and gutter, and resurfacing the roadway. This contract will extend those improvements from Bailey road, east to the City of Pittsburg boundary. The Redevelopment Agency hopes that by constructing the roadway improvements, not only will the area be beautified, but the infrastructure improvements will encourage commercial development along the Willow Pass Road corridor. CONTINUED ON ATTACHMENT: —YES SIGNATURE: (EP _RECOMMENDATION OF EXECUTIVE DIRECTOR . RECOM DATION OF COMMIT E APPROVE OTHER SIGNATURE(S): ACTION OF AGENCY ON January 5 , 1993 APPROVED AS RECOMMENDED X OTHER VOTE OF COMMISSIONERS I HEREBY CERTIFY THAT THIS IS A X UNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND-ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE REDEVELOPMENT AGENCY ON THE DATE SHOWN. Contact: Carole Norris 616-4076 ATTESTED January 5 , 1993 cc: Community Development PHIL BATCHELOR, CAO AGENCY SECRETARY County Counsel } Public works I BY rL A,, 0 D,DEPUTY CONTRA COSTA COUNTY REDEVELOPMENT AGENCY PROJECT AGREEMENT AND WORK PROGRAM Section I - AGREEMENT IDENTIFICATION A. Redevelopment Project Area: West Pittsburg B. Contractor Name: Contra Costa County C. Contractor Address: Public Works Department, 255 Glacier Drive, Martinez CA 94553 D. Contractor Contact: Heather Ballenger E. Contractor Telephone: 313-2258 F. Contractor Facsimile: G. Agreement Subject: Willow Pass Road Frontage Project Section II - PARTIES This Agreement is made and entered into as of this , day of , 1992 by and between Contra Costa County ("Contractor") 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 in, 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 $222.,325. 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 July 1. 1992, and it terminates June 30. 1995, 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: Carole Norris, Project Manager Contra Costa County Redevelopment Agency 651 Pine Street, 4th Floor, N. Wing Martinez CA 94553 AGENCY: CONTRACTOR: CONTRA COSTA COUNTY CONTRA COSTA COUNTY REDEVELOPMENT AGENCY By: By: James Kennedy, Name: Michael Walford Deputy Director - Redevelopment Director, Contra Costa County Public Works Department FORM APPROVED: County Counsel By: Deputy EXHIBIT A CONTRA COSTA COUNTY REDEVELOPMENT AGENCY WEST PITTSBURG REDEVELOPMENT PROJECT AREA PROJECT WORK PROGRAM A. PROJECT DESCRIPTION Willow Pass Road Improvements, East of Bailey Road to City of Pittsburg boundaries. 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. See attachments for details. Estimated Expense Month Work Item Draw 07/93 Design/Environmental Engineering $119,575 01/94 Right of Way $355,000 07/94 Construction Engineering $ 68,750 07/94 Construction $340,000 08/94 Overlay $ 80,000 08/94 Contingency $ 50,000 07/94 Storm Drain Contract $ 80,000 C. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE Contractor: Budget Period: 10/1/92-6/95 (a) (b) Budget Item Agency Funds - $ + Other Funds - $ = Total Environmental Process $ 32,000 Design Labor Charges $ 81,000 CADD Charges $ 5,000 Fish & Game Permit & Filing Fee $ 1,575 Right of Way Negotiation Process $ 65,000 Right of Way Acquisitions & Settlements $290,000 Sidewalk/Widening/Minor Drainage Contract Subtotal $300,000 $ 40,000 Overlay Contract Subtotal $ 80,000 Storm Drain Contract Subtotal $ 80,000 Contingency $ 50,000 Construction Engineering 68,750 Total Estimated Cost $973,325 $120,000 (See Attachment A) (c) TOTAL $ 973,325 $120,000 $1,093,325 Notes: (a) Items are eligible to be funded by Agency funds. (b) Estimate of other necessary expenditures funded with non-Agency monies; and indication of anticipated sources. (c) Contract Payment Limit 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 be responsible for evaluation of prospective consultants and contractors and subsequent award of work consistent with this Agreement. 4. 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. 5. 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. 6. If the Project involves right-of-way acquisition, Contractor shall follow the requirements of State law, the Federal Uniform Acquisition and Relocation Assistance Act and,Caltrans procedures. 7. 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. 8. 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. 9. 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. 10. 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 11. 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. 12. 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. 13. Counterparts. This Agreement may be executed in counterparts. 14. 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 Procedure. Payment from the Contra Costa County Redevelopment Agency to Public Works for infrastructure projects from bond proceeds will be handled in the following two manners: 1. Bills from outside contractors will be forwarded by Public Works to Contra Costa County Redevelopment Agency personnel, and the Redevelopment Agency will arrange for direct payment from bond proceeds. 2. Bills for interim staff costs will be accumulated on a monthly basis by Public Works and will be forwarded to Contra Costa County Redevelopment Agency personnel. One to two days before the main cost distribution run, typically the 12th day of the month, Redevelopment Agency personnel will forward a check to Public Works from bond proceeds to be deposited in the Road Fund 1108001029-0662. The timing and flow of the cash is critical for arbitrage purposes. NOTE: No bills to be paid from bond proceeds will simply be charged to Redevelopment Agency Organization Numbers at the end of the month. 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 sixty (60) 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 Payment Provisions - Page 2 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. 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 completion date, 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 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 thereunder. 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. 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. General Conditions - Page 2 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 Paragraph 3 (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. CMU=Wapitu.agr