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HomeMy WebLinkAboutRESOLUTIONS - 01012001 - 2001-57 AGREEMENT TO CONSTRUCT A NEW FIRE STATION FACILITY ON BLUEROCK 2001 THIS AGREEMENT is entered into this 6TH day of FEBRUARY 1900 by and between the CITY OF ANTIOCH, a municipal corporation ("CITY") and the CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT, a fire protection district ("DISTRICT"). Recitals 1. DISTRICT has acquired fire station site, described herein as the "Bluerock Drive property", bearing APN 072-012-089. District is interested in retaining an architect for the design of the station, and in constructing the station and making it operational for fire protection services. 2. CITY is accustomed to retaining professional consultants, and administering public works projects. CITY also collects for the benefit of DISTRICT a fire facilities fee. 3. DISTRICT wishes to use CITY staff to proceed with the fire station project and to compensate CITY for use of its staff, all pursuant to this Agreement. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Architect Selection and Administration. CITY will consult with DISTRICT and retain an architect of DISTRICT'S choice. The architect's services will be subject to the approval of the CITY and the DISTRICT. CITY will be responsible for the administration of the architect's contract and payment of invoices. Fees of the architect shall be paid from the Fire Facilities Fund. 1 2. Design Review and Planning. CITY will process the plans and specifications through its Design Review Board and shall obtain all permits or zoning entitlements which are determined to be necessary for the project. 3. Station Construction. CITY will let for public bid the fire station project, based upon the design, plans and specifications prepared by the architect. CITY will handle all details of the public works project as if it were a city project, and shall award the bid, administer the contract, inspect the work, resolve disputes, and accept the project as complete. In all aspects of such work, CITY shall consult with DISTRICT as to appropriate issues, and shall consult on any change orders or any matters which would increase the cost of the project. CITY shall make payments to the project contractor out of the Fire Facilities Fund. 4. Station Completion'. Upon completion of the fire station, CITY shall turn the project over to the DISTRICT for its use and operation. 5. City Compensation. CITY shall withdraw funds from the Fire Facilities Fund to pay all the costs involved in this project, including, but not limited to the costs for the architect, for the planning fees, and for the contractor. In addition, the CITY staff involved in the project shall keep time sheets for their work on the project, and shall submit their time sheets monthly, or at other intervals as required, showing the time worked on a particular item and the nature of the work performed. The CITY shall compensate itself from the Fire Facilities Fund at the rate of Ninety ($90.00) Dollars per hour, irrespective of which staff members' time is billed. DISTRICT is entitled to inspect and comment upon all billing sheets and reimbursements. In addition to the above compensation, CITY shall reimburse itself from the Fire Facilities Fund an amount equal to one (1%) percent of construction funds actually drawn as overhead and for administration. 2 6. Termination of Agreement. The parties may terminate this Agreement at any time by giving written notice at least thirty (30) days before the effective date of such termination. Upon termination, all work in progress shall cease and CITY shall pay for all work to date of termination. The parties understand that this contract may not be terminated once a contract for construction of the station is executed by all parties to this contract. In the event that the agreement is terminated prior to the award of the construction project, CITY shall not be entitled to the one percent administration fee as specified in Paragraph 5. 7. Ownership of Documents. All work papers, drawings, written or graphic material produced by the architect shall be the property of the DISTRICT. 8. Hold Harmless. CITY agrees to indemnify and hold harmless DISTRICT, its officers and employees, from CITY'S share of all liability, losses, costs, or expenses, including attorney's fees, arising out of the negligent acts, errors, or omissions of CITY, its officers, agents, or employees, arising out of or connected with this Agreement. DISTRICT agrees to indemnify and hold harmless CITY, its officers and employees, from DISTRICT'S share of all liability, losses, costs, or expenses, including attorney's fees, arising out of the negligent acts, errors or omissions of DISTRICT, its officers, agents, or employees, arising out of or connected with this Agreement. In all agreements made by CITY pursuant to this Agreement, DISTRICT shall be indemnified to the same extent, as CITY and both CITY and DISTRICT shall be named as additional insured's. 3 9. Notices. All notices required herein shall be sent first class mail to the parties or by facsimile as follows: Fire Chief Keith Richter 2010 Geary Road Pleasant Hill, CA 94523-4694 FAX (925) 930-5592 City Attorney William R. Galstan P.O. Box 5007 Antioch, CA 94531-5007 FAX (925) 779-7003 10. This Agreement can be amended only by the written agreement of the legislative bodies of both parties. 11. This Agreement is the entire agreement between the parties on the subject mater of this Agreement. CITY OF ANTIOCH: CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT: By: B Mary Rocha, Mayor dayleA Ufike" , Chair Board of Supervisors APPROVED AS TO FORM: APPROVED AS TO FORM: Silvano B. Marchesi County Counsel By: By: 1AX, �- AAA A William R. Galstan Deputybounty,Cou'14(�1 City Attorney 21 UAMWA\sta82-2.1 01\cj 4