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HomeMy WebLinkAboutMINUTES - 01222008 - C.64 ceo TO- Board of Supervisors/Redevelopment Agency � _sE__L',�� Contra FROM: John Cullen, Executive Director, Redevelopment Agency Dennis Barry, Director of Community Development Costa DATE: January 22, 2008 jos;:- ==s.- ��`� County SUBJECT: Demolition of Orbisonia Heights Properties SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: A. As the Board of Supervisors of Contra Costa County and the Governing Board of the Contra Costa County Redevelopment Agency, APPROVE Joint Exercise of Powers Agreement between Contra Costa County and the Contra Costa County Redevelopment Agency for the Demolition of Properties-, DELEGATE authority to the Public Works Director or his designee to execute such agreement on behalf of the County-, DELEGATE authority to the Redevelopment Director to execute the agreement on behalf of the Redevelopment Agency. B. ELECT to use the alternative bidding procedures of Public Contract Code Sections 20120-20145 to expedite the demolition of buildings and associated structures on 35 properties in the Orbisonia Heights subdivision in Bay Point. C. DELEGATE to the Director of Public Works the authority to proceed in the most expeditious manner to complete the demolition project and to enter into one or more contracts therefor. D. DIRECT the Director of Public Works to present to the Board of Supervisors, within 60 days of completion of the demolition work, a written report listing all demolition costs. FISCAL IMPACT: Redevelopment Funds have been budgeted for this project. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): In connection with the redevelopment of approximately 7.6 acres of the Orbisonia Heights subdivision, a residential mixed-use, transit oriented development near the Pittsburg/Bay Point BART station, the Contra Costa County Redevelopment Agency seeks to have buildings and associated structures on 35 properties demolished as soon as title to the properties are acquired and the existing residents are relocated. The demolition project includes demolition of the buildings, demolition and removal of underground structures such as fuel tanks and wells, backfilling of the excavations, and clearing and grubbing of the ground. Agency staff believes that the early demolition of vacant structures will benefit the public by eliminating potential hazards and further blighting of the area. CONTINUED ON ATTACHMENT: X YES SIGNATURE: --- ----- ---------------------------------------------------------------------------------------- ---------------------- ------------------------- RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDA NO BOARD COMMI E APPROVE OTHER SIGNATURE(S): ' -------------------------- - ----- ----------------- ------------------- ------------------------- -------------------------------------- - ACTION OF BOA -7 N APPROVE AS RECOM END D OTHER VOTE DF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE �J/�\ AND CORRECT COPY OF AN ACTION TAKEN UNANIMOUS(ABSENT ) AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS/AGENCY ON THE DATE AYES: NOES: SHOWN. ABSENT: ABSTAIN: ATTESTED ` G 4 �J CONTACT:Jim Kennedy, 335-7225 JOHN CULLEN,CLERK OF BOARD F SUPERVISORS/AGENCY S CRETARY CC: County Administrator County Counsel Public Works Community Development Redevelopment Agency BY ,DEPUTY Demolition of Orbisonia Heights Properties January 22, 2008 The County's Public Works Department is experienced in arranging for and overseeing demolition work. Redevelopment believes that the most expeditious way of accomplishing this goal is to contract with the County, through its Public Works Department, to oversee the necessary demolition work in Orbisonia Heights and in future Redevelopment Agency projects involving demolition. A copy of the proposed contract in the form of a joint powers agreement is attached as Attachment 1. In 1993, the County adopted the Uniform Public Construction Cost Accounting Act for County construction projects (see Ordinance No. 93-60). Pursuant to County Ordinance Code Sections 1108-3.210, the Act does not apply where other statutory authority is available and the County elects to use such alternative procedures. Sections 20120-20145 of the Public Contract Code, which normally apply to construction contracts let by counties, provide alternative authority and procedures for the demolition project. In particular, Section 20121 would allow this demolition project, which involves no construction work, to be completed without the necessity of public bidding. To minimize the length of time that any given property remains vacant, it is recommended that the Board elect to use the alternative procedures of Sections 20120-20145. CONSEQUENCES OF NEGATIVE ACTION The buildings on 35 properties would remain vacant and susceptible to vandalism, squatting and illegal use until demolition could be completed through standard bidding procedures. Page 2 of 2 "ATTACHMENT 1" JOINT EXERCISE OF POWERS AGREEMENT BETWEEN CONTRA COSTA COUNTY AND CONTRA COSTA COUNTY REDEVELOPMENT AGENCY FOR THE DEMOLITION OF PROPERTIES This agreement is entered into on the/ day of January, 2008 between the County of Contra Costa, a political subdivision of tVe State of California(hereinafter referred to as "COUNTY"), and the Contra Costa County Redevelopment Agency, a public body corporate and politic (hereinafter referred to as"AGENCY"),pursuant to Government Code section 6500 and following. The parties to this agreement mutually agree and promise as follows: 1. Purpose and Scope of Work. AGENCY is redeveloping approximately 7.6 acres of the Orbisonia Heights subdivision, a residential mixed-use, transit oriented development near the Pittsburg/Bay Point BART station. In connection with this redevelopment project, AGENCY seeks to demolish buildings and associated structures on 35 properties as soon as the existing residents are relocated and title to the properties are acquired. The demolition project includes demolition of the buildings, demolition and removal of any underground structures such as fuel tanks and wells,backfilling of the excavations, and clearing and grubbing of the ground. AGENCY seeks COUNTY's assistance in contracting for and overseeing the necessary demolition work for the redevelopment project in Orbisonia Heights and in future AGENCY projects involving demolition. The oversight services will be performed by members of the Real Property Division of COUNTY's Public Works Department. The purpose of this agreement is to document the joint exercise of powers by the parties pursuant to Government Code section 6500 et seq. and to provide for the apportionment of duties and costs between COUNTY and AGENCY with respect to the demolition work. Said joint exercise of powers does not constitute the creation of an agency or entity which is separate from the parties to this agreement as described in California Government Code section 6503.5. 2. Responsibilities of COUNTY and AGENCY. A. COUNTY will be responsible for the following: (1) Prepare specifications for demolition work to be performed by independent contractors. (2) Distribute demolition specifications and solicit qualifications of potential Page 1 of 4 contractors for performance of demolition work. (3) Negotiate and award contract(s) for demolition work. (4) Prepare all necessary documents related to demolition work, including but not limited to board orders, staff reports, and contracts. (5) Supervise demolition work by independent contractor. (6) Consult with contractor and approve any necessary changes or extra work in the demolition work. (7) Upon receiving AGENCY's approval of demolition work, which shall not be unreasonably withheld, accept the demolition work as complete. (8) Coordinate payments to contractors under the contract. B. AGENCY will be responsible for the following: (1) Provide COUNTY with list of properties to be demolished. (2) Provide COUNTY with notice of when to commence demolition work on any given property. (3) Review and approve all necessary documentation related to the demolition work. (4) Pay COUNTY staff fees and costs, including but not limited to contractor's costs, for all services performed under this agreement pursuant to the Payment Provisions listed below. (5) Participate in the final inspection of demolition work and give approval for COUNTY's acceptance of same. 3. Payment Provisions. AGENCY will pay COUNTY for all services performed under this agreement at the rates specified in the attached Exhibit A, and for all reasonable expenses actually incurred in the performance of such services. AGENCY will make payment to COUNTY within 30 days of receipt of invoice detailing the services performed. COUNTY will submit contractor's invoices for services performed following completion of demolition work to AGENCY. AGENCY will authorize the Auditor-Controller to make payments to contractors from AGENCY's funds and COUNTY will process the payments. 4. Accountabilitv. As required by Government Code section 6505, COUNTY and AGENCY shall be strictly accountable for all funds under their control and, upon request, will report receipts and disbursements. 5. Surplus Money. Pursuant to Government Code Section 6512, after the completion of the purpose of this Page 2 of 4 agreement, any surplus money on hand shall be returned in proportion to the contribution made by the parties hereto. 6. Amendments. This agreement shall be subject to modification only with the written consent of the legislative bodies of both parties. 7. Agreement Expiration. Unless terminated earlier as provided herein, this agreement shall remain in effect until the following are completed: (1) COUNTY accepts demolition work as complete; (2) the report of final costs is delivered by COUNTY to AGENCY; and(3) all payments by AGENCY to COUNTY are completed. 8. Termination. This agreement may be terminated by either party upon thirty days advance written notice thereof to the other, and may be cancelled immediately by written mutual consent. 9. Entire Agreement. This agreement contains the entire understanding of the parties relating to the subject matter of this agreement. Any representation or promise of the parties relating to the work shall not be enforceable unless it is contained in this agreement or in a subsequent modification of this agreement. 10. Notices. All notices (including requests, demands, approvals or other communications) under this agreement shall be in writing. a. Notice shall be sufficiently given for all purposes as follows: (1) When delivered by first class mail,postage prepaid, notice shall be deemed delivered three (3)business days after deposit in the United States Mail. (2) When mailed by certified mail with return receipt requested, notice is effective on receipt if delivery is confirmed by a return receipt. (3) When delivered by overnight delivery by a nationally recognized overnight Page 3 of 4 courier, notice shall be deemed delivered one (1) business day after deposit with that courier. (4) When personally delivered to the recipient, notice shall be deemed delivered on the date personally delivered. b. The place for delivery of all notices given under this agreement shall be as follows: Contra Costa County, Public Works Department Attn: Principal Real Property Agent 255 Glacier Drive Martinez, CA 94553 Contra Costa County Redevelopment Agency Attn: Jim Kennedy, Redevelopment Director 2530 Arnold Drive, Suite 190 Martinez, CA 94553 or to such other addresses as COUNTY and AGENCY may respectively designate by written notice to the other. CONTRA COSTA COUNTY CONTRA COSTA COUNTY REDEVELOPMENT AGENCY By: Director of Public Works By: Redevelopment Director FORM APPROVED: Silvano B. Marchesi County Co el By: Deputy BL:\bl H:\Real PropertyVEPA Redevelopment Agency and County for demolition work.wpd Page 4 of 4