HomeMy WebLinkAboutMINUTES - 12071999 - C136-C137 3
TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: DECEMBER 7, 1999
SUBJECT: FIRST CONTRACT EXTENSION FOR ACCREDITATION PROGRAM
MANAGEMENT SERVICES
t A 55R(S�&BACKGROUND AND JUSTIFICATION
f. Recommended Action:
APPROVE AND AUTHORIZE the Public Works Director or designee to execute a
short form service contract amendment with Carrie Rodda to increase the payment
limit by$26,250 for a new total of$50,250 and extend the term from December 13,
1999 to June 13, 2000 for management of the Public Works Accreditation Program.
if. Financial Impact:
No impact to the General Fund.
Continued on Attachment: X SIGNATURE: "-,—4� x4z�—'�
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
_ACTION OF BOARD ON k)eeer-shee- 1 19-1j`7 APPROVED AS RECOMMENDED
OTHER
VOTE OF SUPERVISORS
UNANIMOUS {ABSENT )
� NOES:—.— I hereby certify that this is a true and correct copy
AYES:
: ABSTAIN: of an action taken and entered on the minutes of
ED:lz the Board of Supervisors on the date shown.
G:\doten\Board Orders\bo 12-7-99
Orig.[dept:Public Works(Administration)
Contact: Eileen dntan 1313-2305 t�
cc:Public Works Accounting ATTESTED: t..J�C.r'��1-��r��s�— �� � �I
PHIL BATCHELOR, Clerk of the Board of
Supervisors and County Administrator
By , Deputy
First Contract Extension for Accreditation Program Management Services
December 7, 1999
Page Two
Ill. Reasons for Recommendations and Background:
In June 1999, the Public Works Department entered into a short farm service agreement with
Carrie Rodda for management assistance with the Public Works Department self assessment of
its management practices. The accreditation effort has moved into an improvement of practices
phase, requiring the continuation of contract help for this project.
IV. Consequences of legative Action:
The accreditation of the department will be delayed.
TO: BOARD OF SUPERVISORS0 ra
FROM: Keith B. Richter, Fire ChiefCosta
�.
December 7, 999 County
°r1
DATE:
Approval of Construction Agreement between the Contra Costa County Fire Protection
SUBJECT:District(CCCFPD) and the City of Clayton for Construction of a New Fire Station 11 in the
City; and the Release of"old" CCCFPD Development Fee Funds to and Transfer of CCCFPD
General Fund Monies to the CCCFPD Capital Outlay Fund for Construction of New Fire Station
SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
I. AUTHORIZE the Fire Chief to execute the Construction Agreement between the CCCFPD and
the City of Clayton in an amount not to exceed $1,053,492 for the construction of a new Fire
Station 11 in Clayton.
2. AUTHORIZE the County Auditor-Controller to transfer$205,332 from the "old" CCCFPD
Development Fee Trust Fund No. 850404 to the CCCFPD Capital Outlay Fund No. 203100
(dept/org 7031) to help fund the construction of new Fire Station 11 in the City of Clayton; and
AUTHORIZE related appropriation and revenue adjustments.
3. ACKNOWLEDGE the transfer of$455,000 from the CCCFPD General Fund No. 202000
(depUorg 7300) to the CCCFPD Capital Outlay Fund No. 2033100 (dept/org 7031) to help fund
the construction of new Fire Station 11 in the City of Clayton; and AUTHORIZE related
appropriation and revenue adjustments.
FINANCIAL IMPACT:
The $455,000 currently budgeted in General Fund along with $205,332 from Trust Fund for a total of
$660,332 will help finalize funding for the construction of new Station 11. The projected cost to
construct the station is $1,707,929.
BACKGROUND/REASONS FOR RECOMMENDATIONS:
A number of years ago the City of Clayton adopted an ordinance which established a fire protection
facilities fee. The purpose of the fee is to provide funding for fire capital needs with respect to new
CONTINUED ON ATTACHMENT: -L—YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
N,-
APPROVE OTHER
/
SIGNATURES
ACTION OF BOARD ON ECC e r+ �t X99 APPROVED AS RECOMMENDED _, OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED "'' C0" _61 "�_-) �t, 19 f 9
Contact: Asst. Chief Mike Argo (930-.�5.503/Ext. 65-65500) PHIL BATCHELOR,CLERK OF THE BOARD OF
cc: County Administrator, Attn: Scott Tandy SUPERVISORS AND COUNTY ADMINISTRATOR
C.C.C. Fire Protection District
Auditor-Controller, Attn: Gary Malmgren, Phil Garvey `�� l
BY �°�- ,DEPUTY
facilities and equipment. Additionally, the City conditioned certain requirements on the Oakhurst
development including the donation of a new fire station site as well as funding to relocate the existing
Fire Station 11 to a better site within the City to enhance response tunes.
Also, a number of years ago the Board of Supervisors adopted an ordinance which established a fire
protection facilities fee in the unincorporated areas of the "old" CCCFPD. The "old" CCCFPD served
the cities of Clayton, Concord, Lafayette, Martinez, Pleasant Hill and Walnut Creek plus
unincorporated areas. The purpose of the fee is to provide funding to implement"old" CCCFPD's
capital expansion needs with respect to new facilities and equipment.
After having been in discussions over a number of years on the need to relocate the current Fire
Station 11 to better serve the community, the CCCFPD and the City of Clayton have recently
concluded negotiations and reached agreement on the details to build new Fire Station 11. The new
Station 11's construction will be a joint effort between the District and the City, with Clayton being the
lead agency responsible for the station's construction according to District plans and specifications,
Accordingly, it is necessary to enter into a Construction Agreement with Clayton and to finalize
funding for new Fire Station 11.
U:\SRMGRS\MHG\BOST11.911 vw
A - ONTROLLER USE ONLY
CONTRA COSTA COUNTY FINAL APPROVAL NEEDED BY:
APPROPRIATION ADJUSTMENT r=1 T/C 2 7 BOARD of SUPERVISORS
����""`����"'
I El
COUNTY ADMINISTRATOR
ACCOUNT CODING BUDGET UNIT:
Contra Costa County Fire Protection District
ORGANIZATION UfOU
SUB-ACCOUNT EXPENDITURE ACCOUNT DESCRIPTION <DECREASE INCREASE
U
too I
7031 4929 Construction of Station 11 I 660 , 33210
7031 6301 Appropriable New Revenue I 660 , 33210
7031 6301 Reserve for Contingencies 660 ,33200
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TOTALS I :
660,332.100 1- ,320 ,66401
APPROVED EXPLANATION OF REQUEST
AUDITOR-CONTR LLE R
To appropriate transfer of $455 ,000 from
By: .- Date General Fund 202000 and $205 ,332 from
Development Fee Trust Fund 850400 to Capital
COUNTY AD ISTRA R Outlay Fund 203100 for construction of a new
Fire Station 11 in Clayton.
By: Date/2
BOARD OF SUPERVISORS
SUPERVISORS GIOIA,UILKEMA,
YES: GERBER,DESAULNIER,CANCIAMILLA
NO: 1130V#_.
Phil Batchelor,Cleric of the Board of `
SUPervlaors and County Adn+lnlstratorifAdmin.oSvcs. 12/7/99
v
SIGNATURE TITLE DATE
I �`-� Date ✓. .
By, APPRDPRiA7lDN A
ADS. JOURNAL ND.
(MI2e R.v.2/9e) SEE INSTRUCTIONS ON REVERSE 31DE
e137
CONTRA COSTA COUNTY
ESTIMATED REVENUE ADJUSTMENT
T/C 24
xssauNt aaDlNc BUDGET UNIT-.
Contra Costa County Fire Protection District
aKsANriArraN ACCOUNT REVENUE DESCRIPTION INCREASE <DECREASE
t00 too
7031 9967 Contribution from Other Funds 660 , 33200
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TOTALS I
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APPROVED EXPLANATION OF REQUEST
AUDITOR-CON TR LLER
y TO appropriate transfer of $455 ,000 from
Y - oatsGeneral Fund 202000 and $205 ,332 from
Development Fee Trust Fund 850400 to Capital
COUNT�DMINI ATO�- +� ._ Outlay Fund 203100 for construction of a new
B . Date
Fire Station 11 in Clayton.
� �
BOARD OF SUPERVISORS
SUPERVISORS G10IA,UILKEMA,
YES. GERBER,DESAULNIER,CANCIAMILLA
Chief of
Phil Batchelor,Clark of the Beard of Admin Svcs. 12/7/99
Supervisors and County Administrator SIGNATURE TITLE DATE
ey~}' 1 1- I #Ci e t�e _ Data /ZZ7 REVENUE ADI. RAOO L .
JOURNAL Na.
(fit $134 Rrv. 2/66)
S
AGREEMENT FOR ESTABLISHING NEW FIRE STATION NO. 11
CLAYTON,CALIFORNIA
Effective , 1999, this Agreement is entered into by and among the City of
Clayton("City„), a municipal corporation,the City of Clayton Redevelopment Agency
("Agency„) and the Contra Costa Fire Protection District("District"), a special district.
RECITALS
WHEREAS, the District presently occupies Station No. 11 at 5850 Clayton Road in the City of
Clayton and wishes to relocate the fire company that occupies that station and establish a new
Fire Station No. 11 in Clayton upon a parcel of land, approximately 1.1 acre in size at the
Southeast comer of Clayton Road and Oakhurst Drive,("New Station Site"),being more
particularly described in Exhibit "A" attached hereto and made a part hereof;
WHEREAS, the City Redevelopment Agency has acquired ownership of the aforementioned
New Station Site and the City is holding funds committed to the construction of the new fire
station more particularly itemized in Exhibit "B" ("Project Budget") attached hereto and made a
part hereof,
WHEREAS, District has collected or will collect fire protection development fees,which
District has committed to construction of New Fire Station No. 11 ("New Station");
WHEREAS, City and Agency intend to apply these funds to construction of the New Station
upon the New Station Site for a new fire station facility, and convey title to the New Station to
the District by grant deed in recordable form, free and clear of all liens and encumbrances,upon
issuance of a certificate of occupancy for the New Station;
WHEREAS, City,Agency and District have agreed upon a Project Budget which is outlined in
Exhibit B, attached hereto and made a part hereof;
WHEREAS City will provide all preconstruction improvements at and to the new station site,
including but not limited to the Center Street extension, at its own cost and not as part of the
Project Budget as more fully set forth in Section 12 (Site Delivery)of this Agreement;
WHEREAS District has previously contracted with the architectural firm of Loving and Campos
for the design of the New Station and has paid for all design approval phases of the Project and
will receive reimbursement in the form of a credit towards the amount of the District's financial
contribution as set forth in the Project Budget("Exhibit B");
WHEREAS,City will contract with the architectural firm of Loving and Campos to complete
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plans, specifications and construction and bid documents.
NOW,THEREFORE,the parties hereto hereby agree as follows:
AGREEMENT
Section 1, Purpose and General ProxiS ons.
A. Purpose. This Agreement is entered into,pursuant to Government Code section 6500 et
seq. It provides for the City and Agency to provide the land for and be responsible for the
preparation of the land for construction of a fire station in Clayton. The City and the Agency
will use funds collected by the City,the Agency and the District to pay for the construction of
the station. All construction contracts must be approved in writing by the District prior to
becoming effective. When the station is completed,the City and Agency will transfer title to the
land and the station in fee simple absolute to the District, free of any liens or encumbrances.
B. The City will hire the architectural firm of Loving and Campos to complete plans,
specifications, construction and bid documents for the New Station,the final versions of which
are subject to the City and the District's written approval. The City will complete any required
review prior to solicitation of construction bids. The design and construction of the New Station
in accordance with the approved plans and specifications constitutes the "Project" for purposes
of this Agreement. The District has expended certain funds for payment of architectural fees for
the design of the New Station and the District will receive a credit towards its financial
contribution for the construction of the New Station in the amount of such architectural fees as
set forth in the Project Budget(Exhibit B). The balance of the architectural fees incurred but not
paid as of the effective date of this Agreement shall be part of the Project Budget(Exhibit B).
C. City shall solicit bids for the construction of the Project, in compliance with all
requirements applicable to the construction of public works of improvement, and shall, subject to
the District's approval, award the construction contract to the lowest responsible bidder who
shall be required to furnish adequate performance and payment bonds upon award of the
contract. The bid documents shall give the City the right to reject all bids. In the event that the
lowest acceptable bid exceeds the funds available for construction of the New Station,City and
District shall meet and negotiate in good faith for fifteen(IS)working days and attempt to agree
upon reductions in the scope of the Project. Any mutually agreed to reductions shall be of such
an amount to accommodate the shortfall between the bid and the budget, whereupon the City
may solicit new bids for the Project, or award the construction contract to the lowest responsible
bidder after bid alternatives reductions, subject to District's written approval. If City and
District cannot agree upon the reductions of the Project scope,then City or District may elect to
terminate this Agreement in accordance with the provisions of Section 4.8., below, or in the
alternative,Agency(or the City)and District,shall agree in writing each to contribute half the
funds required to meet the contract price and,thereafter, the contract shall be awarded to the
lowest responsible bidder and the dollar amount of each party's contribution shall be specified
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Contra Costa County, Clayton, Clayton Redevelopment Agency JPA
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therein. In the event of any claims resulting from such construction contracts, the City and
District will meet and negotiate as set forth in this paragraph. If a claim is for compensation
which exceeds the amount to which the claimant is contractually entitled or the total of such
claims exceeds the balance in the Construction Account(as defined in Section 2 below),the City
and the District will jointly resolve such claim by accepting it as valid in whole or in part or by
rejecting it. The cost of any accepted claims shall be shared equally between the City(or the
Agency)and the District. Any contract between the City and a construction management firm or
consultant shall require the construction management firm or consultant to cooperate fully with
the City and the District in the resolution of any such claims.
D. City shall be the lead agency for CEQA purposes and shall oversee construction of the
Project and will retain the services of a construction management firm,the cost of such services
to be set forth in the Project Budget. The City may also enter into agreements with additional
service professionals including, but not limited to, a surveyor, a soils engineer, a landscape
architect and other professionals the City may need in connection with the Project, to the extent
that such matters are included in the Project Budget(Exhibit B). City shall not enter into any
agreements in addition to those set forth in the Project Budget unless each such proposed
agreement is first approved in writing by the District with specific agreement as to the share of
costs to be bome by each party and deposit requirements and as set forth in section 1.F,below.
City will provide District with a fully executed copy of each such agreement upon request.
E. The City shall administer the Project and will be entitled to receive a fee in the amount of
$40,000 for doing so,payable fifty percent(50%)upon execution of this Agreement and the
remaining fifty percent(50%)upon completion of the Project as set out in more detail in Section
3 C.,below. The District shall attend weekly project meetings and make weekly quality
assurance inspections and shall be paid a fee in the amount of$15,000 for doing so,payable fifty
percent(50%)upon execution of this Agreement and the remaining fifty percent(50%)upon
completion of the Project as set out in more detail in Section 3 D.,below.
F. Matters affecting the construction of the Project or changes to the Project shall not be
approved by the City without the prior written approval of the District. Matters requiring
District approval are the following: (1)the drawings and specifications for construction of the
New Station, including all agreements for construction; (2)all change orders relating to
construction of the New Station if the change order changes the contract by an amount in excess
of One Thousand Five Hundred Dollars ($1,500.00) or which constitute a change in the plans or
specifications, and(3) costs and fees in connection with Section 1 C. above. Any request for
District approval shall include specific agreement as to the share of costs to be borne by each
party and deposit requirements,which approval shall not be unreasonably withheld. The City
shall send copies of all change orders to the District for the District's review in an expeditious
manner. District shall use its best efforts to review all change orders and return them to the City
within two working days of receiving the change order.
G. Prior to occupying the New Station,the District shall give the City written notice of its
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Contra Costa County, Clayton,Clayton Redevelopment Agency JPA
Fire Station#I 1
acceptance of the Project. No later than 30 days following receipt of such notice, City shall
convey possession and title to the New Station and the New Station Site to the District in fee
simple absolute by grant deed in recordable, insurable form, as approved by the District, free of
all liens, charges and encumbrances, at no cost to the District. During the term of this
Agreement and prior to taking title to the New Station and New Station Site,District shall have a
right of entry upon the premises and may make inspections from time to time as deemed
necessary by the District.
Section 2.. Finuss.
A. Within seven days of the execution of this Agreement,District shall deposit with City all
funds it has received pursuant to the City of Clayton development impact fees for the fire station,
plus any accrued interest. In addition,the District shall deposit with City, all other moneys,
herein required of it(as set forth in Exhibit B), within fourteen days following the requests for
bids to construct the Project. Upon execution of this Agreement, City shall create an interest
bearing fire station construction account("Construction Account"). City shall place into the
Construction Account all moneys received from District and any moneys City is required herein
to contribute for the construction of the New Station. City shall, as the District's agent,apply all
the funds in the Construction Account in payment of all costs incurred in connection with
construction of the Project. City or Agency and District shall each provide equal monetary
amounts from sources other than Development Impact Fees or the Oakhurst subdivision as set
forth in Exhibit B. In addition, District agrees to contribute $250,040 to the Construction
Account,as set forth in Exhibit B. The total funds when first deposited in the Construction
Account, shall not be less than the Project Budget. Any additional funds required as a result of
change orders (see Section I.F.) shall be deposited into the Construction Account by the City(or
the Agency)and the District as provided in Section 1 C., in a timely manner after notice of the
change order has been received by each party.
B. If the final cost of constructing the New Station, including but not limited to all project costs
such as design, construction management and City administration, is less than the total amounts
made available for Project by deposits to the Construction Account, surplus funds shall be
returned to the contributing party in proportion to the contributions made by the City,the
Agency and the District as set forth in Exhibit B (Project Budget). It is understood that the
development impact fees and accrued interest(listed in Exhibit B)will be used first in
construction of the New Station.
C. Other than those fees charged by the County acting in its capacity as the City's Building
Inspection Department, City agrees to waive all processing and other development fees and/or
permit fees generally imposed by the City other than the administration fee specified in Section 3
C. below. Upon completion of the Project, the City shall promptly provide the District with a
final report of all Project costs.
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Contra Costa County, Clayton, Clayton Redevelopment Agency JPA
Fire Station #11
D. Each party is accountable for all funds and shall report all receipts and disbursements under
this Agreement.
Section 3. Payments.
The City shall make payments from the Construction Account for the costs of construction of the
New Station as follows:
A. The City shall pay the general contractor in accordance with provisions of the
construction specifications and the agreement with the general contractor, as approved by the
District.
B. The City shall pay from the Construction Account any cost accruing to the Project and its
construction, including but not limited to any obligations identified herein as being due City,the
construction management firm,the surveyor,the landscape architect,the soils engineer,the
testing engineers, and any other professional service provider in accordance with each contract's
provisions, and the balance of architect's fees, if any, as set forth in the Project Budget(Exhibit
B) and subject to the provisions of Section 1.F, above.
C. The City shall be paid an administration fee in the amount of$40,000, as provided for in
Section 1 E. above, payment to be made out of the Construction Account.
D. The District shall be paid an administrative fee in the amount of$15,000, as provided for
in Section LE. above,payment to be made out of the Construction Account.
c i 4. Ter�tt,ination.
A. In the event the bid submitted by the lowest responsible bidder for construction of the
New Station or if at any time during the construction of the New Station,the estimated total cost
of construction of the New Station is greater than ninety five percent(95%)of the available
funds on deposit in the Construction Account after deducting fees due others, including but not
limited to City, project manager, architect, etc., City shall notify the District and the Agency and
the parties will thereafter meet and negotiate in good faith for fifteen (15)working days in an
effort to find a solution that will result in a bid for the construction contract corning in at or
below the funds available to cover such contract or, in the alternative that the"shortfall"be paid
by equal contributions from the Agency (or the City), and the District in accordance with the
provisions of Section l.C., above.
B. If the City and the District cannot agree on the matters described in Sections 1.0 or 4.A,
hereinabove, within the time period allowed or as extended by mutual agreement of the City and
the District, either the City or the District may terminate this Agreement by giving written notice
of termination to the other party. If this Agreement is terminated, the City shall disburse any
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Contra Costa County, Clayton, Clayton Redevelopment Agency.IPA
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remaining balance of funds in the Construction Account, (including interest),in a manner
consistent with section 2. B. above, within fourteen (14) days of receipt of notice of termination.
SectLon S. In-emnificatir�n,
A. Upon the City and the Agency's assignment of rights to the District, as provided in
Section 7,below,the District covenants not to sue the City and its officers,officials, agents,
employees and volunteers for any liability,claim, action, cause of action or demand whatsoever
incurred by the District, including any injury to or death of any person or damage to property,
liability for negligent supervision of construction, construction defects(latent or patent), cost
overruns or other liability of any nature, arising out of or in any way connected with the
construction of the Project.
B. The City shall require all contractors retained pursuant to this Agreement to agree as
follows: "Contractor shall save, defend, indemnify and hold harmless the City,the Agency,the
District and their respective officers, officials, agents, employees and volunteers from and
against any and all liability, claims, actions, damages, losses, expenses, causes of action or
demands whatsoever against any of them, including related attorneys' fees arising out of or
connected with any injury or death of any person or damage to property or other liability of any
nature, arising out of or in any way connected with the work described herein, including the
construction of the Project,caused in whole or in part by any negligent act or omission of the
contractor,any subcontractor, anyone directly or indirectly employed by any of them or anyone
for whose acts any of them may be liable. The right of the District, the City and the Agency to
be defended indemnified, saved,protected and held harmless hereunder shallbe unaffected by
the concurrent negligence of the District, City or Agency or any other person,"
C. The provisions of this section shall survive the term of this Agreement. Any agreements
entered into pursuant to and in implementation of this Agreement, including those agreements
entered into in connection with the construction of the New Station, shall contain a similar
survival clause.
Seton 6, Insurance,
The District and the City are self-insured and each shall provide the other with a letter of self-
insurance within thirty(30)days of the effective date of this Agreement. The City shall ensure
that the following insurance requirements are incorporated into all contracts entered into
pursuant to this Agreement: (1) service vendors, including the construction management firm,
shall maintain professional liability insurance in an amount of not less than Two Million Dollars
($2,000,000.00)providing certificates of insurance to the City,the Agency and District naming
the City,the Agency and the District as additional insured and providing for 30-days prior notice
of cancellation or material reduction in coverage,City shall insure that such insurance provisions
are included in or added to the City's contract with the architect; (2)construction contractors
shall maintain comprehensive general liability insurance, including owners'and contractors'
protective and broad form property damage insurance, and coverage of subcontractors, with a
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minimum limit of Two Million Dollars ($2,000,000,00) combined single limit per occurrence,
providing certificates of insurance to the City, Agency and District naming the District,Agency
and the City as additional insured, and providing for 30-days prior notice of cancellation or
material reduction in coverage; (3) construction contractors shall maintain builders'risk
insurance with waiver of subrogation for the District,Agency and the City,naming City as loss
payee, providing certificates of insurance to the City, Agency and District and naming the City,
Agency and the District as additional insured, and providing for 30-days prior notice of
cancellation or reduction in coverage; and(4) all construction contractors and service vendors,
including the construction management firm,shall maintain vehicle liability insurance with a
minimum combined single limit coverage per occurrence of Five Hundred Thousand Dollars
($500,000.00), providing certificates of insurance to the City, Agency and District and naming
the District, Agency and the City as additional insured, and providing for 30-days prior notice of
cancellation or reduction in coverage, as well as workers' compensation insurance pursuant to
state law.
ScLon-7. Rmlm
Upon the effective transfer of title in fee simple absolute of the New Station, including the land,
to the District, as referenced in Sections IA. and 1 G.of this Agreement,,and provided the City
and the Agency assign to the District all rights under all contracts pertaining to the Project,
including but not limited to all rights to proceed against any contractors,persons or entities
connected with the design, construction and management of the New Station, the District will
accept such assignment of rights in a form acceptable to the District,and at such time, the
District will release the City and Agency and its officers, officials, agents, employees and
volunteers from any claims by or liability to the District arising out of the design,construction,
and management of the New Station, including construction defects. Following assignment and
release, the District's sole remedy, if any, for any such claims or liability shall be with the
contractors (including all service vendors, such as the architect)engaged by the City, Agency or
District. An example of an acceptable form of assignment is attached hereto as Exhibit C.
Absent an assignment, the District's rights and remedies against the City and the Agency will
survive after the conveyance of title of the New Station and the New Station site to the District.
Section 8. Compliance with Laws.
This Agreement shall not be deemed to limit the City's authority to enforce its land use regulations,
building codes and other applicable laws.
Section Fiscal Agreement Provisio ,
Any other provisions of this agreement not withstanding,the District agrees that it suffers no
financial burden or detriment as a result of the redevelopment project activity as understood in
section D(3) of the Agreement Concerning Tax Increment From The Clayton Redevelopment
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Project Area, executed as of the 14`h day of July, 1987; and, that all provisions of section D of
that agreement have been satisfied by this Agreement.
Section 10. Return of Current Statao N%41 Parc l to Tax R FIs.
Following District's move to the New Station, District intends to continue to use the old Station
No. 11, located at 5850 Clayton Road for active administrative purposes related to the fire
protection business interests of the District. If the old station building remains vacant or is
abandoned by the District for a twelve month period following District's move to the New
Station, District shall offer its property at 5850 Clayton Road, Clayton for sale, at a price and
terms to be determined by the District in its sole discretion and to the extent permitted by law,
will attempt to sell to a non-public party to accommodate the City's desire that the property be
returned to the Contra Costa County Tax Assessor's Rolls for assessment as non public property
and for tax revenue generating purposes.
If the District is unable to sell the property in a reasonable period of time, it will meet and
discuss with the City in good faith in an attempt to find alternative public or non-public uses of
the property. So long as the District owns the property, a)it will maintain the old station and
grounds in a good state of repair, and b) any change in the District's use of the property shall be
compatible with the Clayton General Plan and current Clayton zoning regulations and subject to
compliance with the City's land use regulatory processes.
Section 11. New Station No Longer Used As A Fire Station
Prior to actually retiring the New Station from active fire station use,the District will meet with
the City to discuss alternative uses of the New Station. So long as the District owns the property,
a)it will maintain the new station and grounds in a good state of repair, and b)any change in the
District's use of the property shall be compatible with the Clayton General Plan and current
Clayton zoning regulations and subject to compliance with the City's land use regulatory
processes. In the event the New Station is no longer used as an active fire station facility,the
District will establish an account for the benefit of the City of Clayton,which shall bear interest
at a rate no less than that of Contra Costa County pooled general funds, to hold the City's share
of the proceeds of sale or share of the then appraised fair market value of the station. The funds
in the account shall be held and expended for the exclusive benefit of the City, with the actual
expenditures to be made for a purpose and in a manner to be determined by mutual agreement of
the City and the District. The amount placed in such account as the City's share shall be no less
than that proportion identified in Exhibit B as the City's percent of contribution.
Section 12. Site Delivery
The City and the Agency shall render the site"construction-ready"before the commencement of
any construction thereon. As used in this Agreement,"construction ready"means that prior.to
8
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Contra Costa County,Clayton, Clayton Redevelopment Agency JPA
Fire Station##11
the commencement of construction (1) all necessary utilities shall have been installed, made
available and will be present on and adjacent to the site as required by City ordinances, standards
and rules and regulations and applicable laws; (2)the Center Street extensionshall have been
constructed, at a minimum,to City standards and specifications, and shall be of a sufficient
length to continue along the entire boundary of the New Station Site; (3) underground utilities
shall have been stubbed out to City standards; and(4)the New Station Site shall have been
graded and the corners established. All costs for making the site construction ready shall be
borne by the City and/or the Agency and shall not be a part of or paid by any monies in the
Project Budget nor shall any such costs or fees associated with making the site construction
ready be charged to or paid by the District.
Section 13. Assignment.Swcessors,
This Agreement may not be assigned without prior written agreement of the District,the City
and the Agency. Subject to that restriction, the terms, conditions, covenants and agreements set
forth herein shall apply to and bind the heirs, executors, administrators, assigns and successors of
the parties hereto. Upon the conveyance of title to the New Station and the New Station site to
the District,the District will succeed to all of the rights and remedies of the City and the Agency
under agreements related to the design and construction and management of the New Station and
the New Station Site.
Section 14, Authority.
The City, Agency and the District warrant that the person(s) executing this Agreement on behalf
of each respective parry is fully authorized by such party to do so.
Section 15. Notices and Written Aug ods_
All notices and written approvals required to be given under this Agreement shall be in writing
and sent by(a) first class mail,postage prepaid, in which case notice shall be deemed delivered
three (3) business days after deposit in the United States Mail; or(b)a nationally recognized
overnight courier, in which case notice shall be deemed delivered one(1)business day after
deposit with that courier, or(c)telecopy or similar means, in which case notice shall be deemed
delivered one (1)business day after the day it was transmitted by telecopier or similar means,
provided that a transmission report is generated reflecting the accurate transmission of the
notices. The place for delivery of all notices given under this Agreement and the person
designated by each party to make any approvals required by this Agreement shall be as follows:
City and Agency: City of Clayton
Attn: Richard Hill, City Manager
P. 0. Box 280
9
Contra Costa County, Clayton, Clayton Redevelopment Agency JPA
Fire Station#I I
Clayton,CA 94517
Fax: (510)672-4917
District: Contra Costa County
Attn: Scott Tandy,Assistant County Administrator
651 Pine Street, 11'Floor
Martinez, CA. 94553
Fax: (510) 335-1098
or to such other addresses or persons that the City,Agency or the District may respectively
designate by written notice to the other.
Section 16. Entire Agr ement.
This Agreement and the attached Exhibits contain the entire agreement among the parties to this
Agreement and shall not be modified in any manner except by an instrument',in writing executed
by all parties or their respective successors in interest. The parties acknowledge that the
commitments pursuant to this Agreement satisfy and are in lieu of all other City/District or
Agency/District agreements regarding the new Clayton Fire Station.
Section 17. Construction.
The section headings and captions of this Agreement are, and the arrangement of this instrument
is, for the sole convenience of the parties to this Agreement. The section headings, captions and
arrangement of this instrument do not in any way affect, limit, amplify or modify the terms and
provisions of this Agreement. This Agreement shall not be construed as if it had been prepared
by one of the parties,but rather as if all parties have prepared it. The parties to this Agreement
and their counsel have read and reviewed this Agreement and agree that any rule of construction
to the effect that ambiguities are to be resolved against the drafting party shall not apply to the
interpretation of this Agreement.
Section 18. W-aim.
Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a
waiver of a subsequent breach of the same or any other provision of this Agreement.
Section 19. Mo i f ation.
No waiver or modification of this Agreement is valid unless made in writing and signed by the
City, the Agency and the District.
Section 20. Severability.
In the event any provision of this Agreement is held invalid or unenforceable by a court of
competent jurisdiction, the remaining provisions shall not be affected.
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Contra Costa County, Clayton, Clayton Redevelopment Agency JPA
Fire Station #I 1
Se ion 21, ou ternarts,
This Agreement may be executed in any number of counterparts, each of which shall be an
original, but all of which taken together, shall constitute one instrument.
Section 22. Representathon.
This Agreement is executed voluntarily by each of the parties hereto, both of whom have been
legally advised by independent counsel of their choice as to the content and effect of this Agreement.
CITY OF CLAYTON CONTRA COSTA COUNTY
FIRE PROTECTION DISTRICT
By: y. A7
Pete Laurence, Mayor eith kichter, Fire Chief
By: r ..
ichard Hill, City i Tanager
CITY OF CLAYTON
REDEVELOPMENT AGENCY
By:
hyllis Peterso ,Board Chair
By:
Richard Hill, Executive Director
APPROVED AS TO FORM APPROVED AS TO FORM:
Maurice E. Hu uet, Jr. Victor . W tmn
kA 9
00—City Attorney,Clayton-"' t� County Cou
WOANNTity Station Agrmenwnt.wpd
11
FIRE STATION SITE
AT OAKHUR,ST DRIVE AND CLAYTON ROAD
LOGAL 092=10
IP'I'10
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF CLAYTON,
CONTRA COSTA COUNTY,CALIFORNIA, BEING A PORTION OF PARCEL 1 AS
SAID PARCEL IS SHOWN ON THAT CERTAIN PARCEL MAP ENTITLED,
"PARCEL MAP MS 419-90", RECORDED AUGUST 19, 1993, IN BOOK 163 OF
PARCEL MAPS, AT PAGE 1, CONTRA COSTA COUNTY RECORDS, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST EASTERN TERMINUS OF THAT CERTAIN LINE
ANNOTATED "T-7" ON SHEET 4 OF 4 OF SAID PARCEL MAP (163 PM 1).
THENCE SOUTH 14°46'43" WEST, 40.10 FEET TO A POINT ON A TANGENT
CURVE, CONCAVE TO THE NORTHWEST AND HAVING} A RADIUSOF 340.00
FEET; THENCE SOUTHERLY, ALONG THE ARC OF SAID CURVE, AN ARC
DISTANCE OF 157.08 FEFI', THROUGH A CENTRAL ANGLE OF 26"'2813";
THENCE SOUTH 40034'56" WEST, 2.09 FEU; THENCE SOUTH 49°58'59"EAST,
100.42 FM;; THENCE SOUTH 55°49"19" PAST, 34.65 FEET; THENCE SOUTH
75°18'58" EAST, 54.71 FEET; THENCE NORTH 73°57'13" EAST, 5$.91 FEET;
THENCE NORTH 17°26'09"EAST,223.00 FEET TO THE NORTHERLY LINE OF A
CURVP WITH RADIUS OF 950.00 FEET, WHOSE CENTER BEARS SOUTH
26°48'2T' WEST;THENCE WESTERLY, ALONG, THE ARC OF SAID CURVE,AN
,ARC DISTANCE OF 186.30 FEf:I,THROUGH A CENTRAL ANGLE OF 11°14'09"
TO A POINT FROM WHICH THE CENTER BEARS SOUTH 15°34'17" WEST;
THENCE.CONTINUING ALONG THE BOUNDARY OF SAID PARCEL 1, SOUTH
52°48'31"WEST,32.43 Fes:C TO THE POINT OF BEeINNING.
EXHIBIT A
,
17
EXHIBIT B
FINANCING AVAILABLE
Contributed Contributed Dev.impct
Description By Fire Dist, By City Fee Total
Held By Fire District
Development Impact Fee—Presley $371.900 $371,900
Development Impact Fee--Other $73,690 $73,690
Subdivision Assessments $0
Interest Earnings $103,073 $100,259 $203,332
Agreed Contribution $154,270 $154,270
Sale of Old Station No. 11 $250,000 $250,000
Future Impact pees $300 $300
Hold by City of Clayton
Development Impact Fee--Presley $20,500 $20,500
Subdivision Assessments $437,600 $437,600
Agreed Contribution $154,270 $154,270
Development Impact Fee--Other $42,067 $42,067
Total Financing Available $404,270 $694,943 $608,716 $ �70� 7.929
Per Cent Contributed 36.778% 63.222%
ANTICIPATED EXPENSES
Design $ 144,756
Architect Engineering 51,336
Utilities 41,000
Survey 5,000
Bldg Permit&Inspection 0
Consultant Inspeotion 12,000
Construction Management 125,000
Construction Contract 1,228,837
Construction Contingency 111(1.000
Total Anticipated Expenses 0 g
t
EXHIBIT B
ASSIGNMENT AND g.ELEASE
City of Clayton("CITY")and City of Clayton Redevelopment Agency("AGENCY")
hereby assign to the Contra Costa Fire Protection District("DISTRICT")all rights CITY and
AGENCY have or may be deemed to have under the contracts itemized in the attachment to
this Assignment and Release,all of which pertain to the new fire station project.
This assignment includes but is not limited to all rights to proceed against any
contractors, persons or entities connected with the design,construction and management of
the new fire station project.
Concurrently with the execution of this Assignment and Release,DISTRICT releases
CITY and AGENCY and its respective officers, officials,agents,employees and volunteers
from any claims by or liability to District arising out of the design,construction,and
management of the neva fire station project,including construction defects. District
acknowledges that its sole remedy, if any,for any such claims or liabilities shall be with the
contractors(including all service vendors, such as the architect)engaged by CITY,
AGENCY or DISTRICT.
Date: ' 1999 CITY OF CLAYTON
By:
Date: —11999 CITY OF CLAYTON
REDEVELOPN ENT AGENCY
By:
Date: $ 1999 CONTRA COSTA FIRE
PREVENTION DISTRICT
By:
EXHIBIT C