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HomeMy WebLinkAboutMINUTES - 03221994 - 1.11 (2) - Contra TO: REDEVELOPMENT AGENCY/ CONTRA COSTA COUNTY BOARD OF SUPERVISORS o _ r,., ? Costa FROM: . Phil Batchelor � r � .h� County Executive Director DATE: March 22 , 1994 SUBJECT: Iron Horse Trail, Pleasant Hill BART Station Area SPECIFIC REQUEST(S) OR RECOMMENDATIONS (S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS AUTHORIZE the Chair to execute agreements for the joint exercise of power to fund and, construct the Iron Horse Trail in the Pleasant Hill BART Station Area including: (1) an Agreement A between the Contra Costa County Redevelopment Agency and East Bay Regional Park District; and (2) an Agreement B between the Redevelopment Agency, East Bay Retgional Parks District, and the County of Contra Costa. FISCAL IMPACT The Agency has budgeted sufficient funds to cover the cost of this construction agreement. No General Funds are involved. BACKGROUND/REASONS FOR RECOMMENDATIONS An approved use of the former Southern Pacific Right-Of-Way in the vicinity of the Pleasant Hill BART Station is a transportation corridor. Among the transportation uses are a trail that will be operated and maintained by the East Bay Regional Park District (the Iron Horse Trail) . By prior agreement the Redevelopment Agency would fund the construction of portions of the Iron Horse Trail. This agreement covers that obligation. A portion of this former SP right- of-way is owned by the Agency, and a portion paid for by the Agency. but owned by the `County in fee. Hence, the two Agreements. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF EXECUTIVE DIRECTOR REC09 PATION OF WGENCY COMM TEE APPROVE OTHER SIGNATURE(S) : ACTION OF AGENCY ON March 22 , 1994 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: Jim Kennedy . 646-4076 ATTESTED March 22 , 1994 cc: Community Development PHIL BATCHELOR, - County Administrator AGENCY SECRETARY County Counsel Public Works Community Development BY 01 1A DEPUTY` via Redevelopment East Bay Regional Park District JK:1h sra12/ironhrs.bos AGREEMENT A AGREEMENT BETWEEN THE CONTRA COSTA COUNTY REDEVELOPMENT AGENCY AND THE EAST BAY REGIONAL PARK DISTRICT FOR THE JOINT EXERCISE OF POWER TO FUND AND CONSTRUCT THE IRON HORSE TRAIL IN PLEASANT HILL This Agreement made and entered into this _22 day of Marsh , 1994, by and between the Contra Costa Redevelopment Agency, a public body corporate and politic existing under the laws of the State of California, hereinafter called "Agency, " and the East Bay Regional Park District, a special district existing under the laws of the State of California, hereinafter called "EBRPD" . RECITALS WHEREAS, Agency has funds available for Iron Horse Trail construction between the Treat Boulevard BART station and Monument Boulevard in Pleasant Hill; and WHEREAS, Agency has $80,000 available under this program to develop a portion of The Iron Horse Trail between Treat Boulevard and Coggins Drive in Pleasant Hill; WHEREAS, the Iron Horse Trail is a regional trail system being developed by EBRPD; and WHEREAS, EBRPD is prepared to be Project Manager for the Iron Horse Trail development; and WHEREAS, the project which is the subject of this agreement (hereinafter referred to as "Project") is the portion of the Iron Horse Trail between Treat Boulevard and Coggins Drive; and WHEREAS, Agency and EBRPD do mutually desire to cooperate in completing the Project and to specify herein the terms and conditions under which said Project will be designed, constructed, financed and maintained. NOW, THEREFORE, it is mutually agreed as follows: 1 J AGREEMENT SECTION I EBRPD RESPONSIBILITIES: EBRPD shall (1) Provide plans and specifications to Agency thirty days before going to bid and construction management for the Project. (2) Construct or cause to be constructed said Project. in accordance with the guidelines and regulation prescribed by County. (3) Complete the trail and limit expenditure of funds described in this Agreement to the Project limits (Treat Boulevard to Coggins Drive) , and to expend the funds before December 31 , 1996. (4) Submit Payment Requests to Agency on a reimbursement basis. Submittal shall include a cost summary, copies of contracts, invoices and canceled checks. (5) Retain, or cause to be retained for audit all records and accounts relating to the Project for the period required by County. (6) Be strictly accountable for all funds and, upon request, will report receipts and disbursements. (7) Take out and maintain and require any contractors utilized by EBRPD to take out and maintain during the life of this Agreement all the insurance required by this section. EBRPD shall submit certificates for review and approval by County. No construction on or use of the Trail shall commence until EBRPD's insurance has been approved by County. Acceptance of the certificates shall not relieve EBRPD and any contractors of any of the insurance requirements, nor decrease the liability of EBRPD and any contractors. County reserves the right to require EBRPD to provide insurance policies for review by County. (a) Workers Compensation Insurance. EBRPD and any contractors shall take out and maintain during the live of the Agreement, Workers' Compensation and Employers' Liability Insurance for all of its employees on the Trail or Property. EBRPD and any contractors shall require any subcontractor to provide it with evidence of Workers's Compensation and Employers' Liability Insurance, and in strict compliance with California State laws. 2 (b) Public Liability Insurance. EBRPD and any contractors shall take out and maintain during the life of the Agreement, Comprehensive Automobile and General Liability Insurance that provides protection from claims which may arise from operations or performance under this Agreement. (c) Endorsements. The following endorsements must be indicated on the certificate: (1) Contra Costa County Redevelopment Agency, its boards, officers, and employees are additional insureds under the policy as to the work and operations being performed under this Agreement; (2) The coverage is primary and no other insurance carried by EBRPD and any contractors will be called upon to contribute to a loss under this coverage; ( 3) The policy covers blanket contractual liability: (4) The policy limits of liability are provided on an occurrence basis; (5) The policy covers broad form property damage liability; (6) The policy covers personal injury as well as bodily injury liability; (7) The policy covers explosion, collapse, and underground hazards; (8) The policy covers products and completed operations; (9) The policy covers use of non-owned automobiles; (10) The coverage shall not be canceled nor materially altered unless 30 days' written notice is given to County. 3 (d) Failure of Coverage. Failure, inability, or refusal' of EBRPD and any contractor to take out and maintain during the entire term or terms of this Agreement any and all of the insurance as aforesaid shall at the option of the County constitute a breach of this Agreement and justify immediate termination of the °same. (e) Self Insurance. EBRPD has the right and option to self-insure the requirements under Section I, (7) upon written notice to County that EBRPD assumes the obligations in the place and stead of any insurance carrier, any reference to failure of coverage notwithstanding. In the event that EBRPD elects to self-insure, EBRPD shall provide to CountyJa certificate or other evidence of self-insurance acceptable to County. (8) Complyiwith all federal, state and local laws, ordinances and regulations in carrying out its responsibilities under this Agreement. SECTION II AGENCY RESPONSIBILITIES: Agency Agrees (1) That EBRPD is designated hereunder as the party responsible for the expenditure of Agency funds in the amount of $80,000. (2) To review and comment on Project plans and specifications within thirty days of EBRPD's submittal date. ( 3) To process EBRPD's Payment Requests in a timely fashion. (4) To allow EBRPD, its contractors and their authorized agents, to enter , its property and bring the necessary workers, tools, and equipment for the purpose of constructing the Project. 4 SECTION III GENERAL CONDITIONS: (1) This agreement may be canceled by mutual consent in writing of the two parties. (2) Notices regarding this agreement shall be sent by first class mail, postage prepaid, to EBRPD at P. O. Box 5381, Oakland, CA 94605-0381 and to Agency at Community Development, 4th Floor, North Wing, 651 Pine Street, 4th Floor, North Wing, Martinez, CA 94553-4897. I' (3) EBRPD shall defend, indemnify, save, and hold harmless Agency and its officers and employees from any and all claims, costs, and liability for any damages, sickness, death, or injury to person(s) or property, including without limitation all consequential damages from any cause whatsoever, arising directly or indirectly from or connected with the negligent acts, omissions, operations .or services of EBRPD or its officers, employees, agents, or subcontractors hereunder. EBRPD shall reimburse Agencyifor any expenditures, including reasonable attorney's fees, i�Agency may by reason of the matters that are the subject of this indemnification and, if requested by Agency, shall defend anyl,!claims or litigation to which this indemnification applies at the sole cost and expense of EBRPD. (4) Agencyl;shall defend, indemnify, save, and hold harmless EBRPD and its officers and employees from any and all claims, costs, and liability for any damages, sickness, death, or injury to persons(s) orl'Property, including without limitation all consequential damages from any cause whatsoever, arising directly or indirectly from or connected with the negligent acts, omissions, operations or services of Agency or its officers, employees, agents, or subcontractors hereunder. Agency shall reimburse EBRPD for any expenditures, including reasonable attorney's fees, . EBRPD may by reason of the matters that are the subject of this indemnification and, if requested by EBRPD, shall defend any claims or litigation to which this indemnification applies at the sole cost and expense of Agency. (5) This Agreement contains the entire agreement between the parties with'regard to matters described in this Agreement and supersedes all prior agreements, whether written or oral, between the parties with respect to such subject matter. (6) This Agreement shall be interpreted and enforced under the laws of the State of California. 5 r (7) This Agreement shall terminate at such time as Agency and EBRPD enter into a license agreement for the operation and maintenance of the Project. The obligations contained in Section III ( 3) and (4) of this Agreement shall survive termination of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, duly authorized, the provisions of which Agreement are effective as of the day, month, and year first hereinabove written. CON C TA COUNT EAST REaRK DISTRICT RED VE E Y By By Cha' person Pa O' ien Gen Manager Attested: Phil Batchelor Agen ZSietary , By Approved as to form: Approved as to form: Victor J. Westman Ted Radosevich County Counsel District Counsel 6B By SEW 2/25/94 6 r AGREEMENT B AGREEMENT BETWEEN THE CONTRA COSTA COUNTY REDEVELOPMENT AGENCY, THE EAST BAY REGIONAL PARK DISTRICT, AND THE COUNTY OF CONTRA COSTA FOR THE JOINT EXERCISE OF POWER TO FUND AND CONSTRUCT THE IRON HORSE TRAIL IN PLEASANT HILL This Agreement, made and entered into this 22 day of March, 1994, by and between the Contra Costa Redevelopment Agency, a public body corporate and politic existing under the laws of the State of California, hereinafter called "Agency," the East Bay Regional Park District, a special district existing under the laws of the State of California, hereinafter called "EBRPD," and the County of Contra Costa, a political subdivision of the State of California, hereinafter called "County." RECITALS WHEREAS, Agency has funds available for Iron Horse Trail construction between the Treat Boulevard BART Station and monument Boulevard in Pleasant Hill; and WHEREAS, Agency has $60,000 available under this program to develop a portion of the Iron Horse Trail between Mayhew Way and Hookston Road in Pleasant Hill; WHEREAS, the Iron Horse Trail is a regional trail system being developed by EBRPD; and WHEREAS, EBRPD is prepared to be Project Manager for the Iron Horse Trail development; and WHEREAS, the'project which is the subject of this agreement (hereinafter referred to as "Project") is the portion of the Iron Horse Trail between Mayhew Way and Hookston Road; and WHEREAS, WHEREAS, Agency and EBRPD do mutually desire to cooperate in completing the Project and to specify he the terms and conditions under which said Project will be designed, constructed, financed and maintained. NOW, THEREFORE, it is mutually agreed as follows: -1- AGREEMENT SECTION I EBRPD RESPONSIBILITIES: EBRPD shall (1) Provide plans and specifications to Agency thirty days before going to bid and construction management for the Project. ( 2) Construct or cause to be constructed said Project. in accordance with the guidelines and regulation prescribed by County. (3) Complete the trail and limit expenditure of funds described in this Agreement to the Project limits (Treat Boulevard to Coggins Drive) , and to expend the funds before December 31, 1996. r (4) Submit 'Payment Requests to Agency on a reimbursement basis. Submittal shall include a cost summary, copies of contracts, invoices and canceled checks. (5) Retain;; or cause to be retained for audit all records and accounts relating to the Project for the period required by County. (6) Be strictly accountable for all funds and, upon request, will report receipts and disbursements. (7) Take out and maintain and require any contractors utilized by EBRPD to take out and maintain during the life of this Agreement all the insurance required by this section. EBRPD shall submit certificates for review and approval by County. No construction on or use of the Trail shall commence until such EBRPD's insurance has been approved by County. Acceptance of the certificates shall not relieve EBRPD and any contractors of any of the insurance 'jrequirements, nor decrease the liability of EBRPD and any contractors. County reserves the right to require EBRPD to provideiinsurance policies for review by County. (a) Workers Compensation Insurance. EBRPD and any contractors shall take out and maintain duringithe live of the Agreement, Workers' Compensation and Employers' Liability Insurance for all of its employees on the Trail or Property. EBRPD and any contractors shall require any subcontractor to provide it with evidence of Workers's Compensation and Employers' Liability Insurance, and in strict compliance with California State laws. 2 ii (b) Public 'Liability Insurance. EBRPD and any contractors shall take out and maintain duringthe life of the Agreement, Comprehensive Automobile and General Liability Insurance that provides protection from claims which may arise from operations or performance under this Agreement. (c) Endorsements. The following endorsements must be indicated on the certificate: (1) Contra Costa County Redevelopment Agency, its boards, officers, and employees are additional insureds under the policy as to the work and operations being performed under this Agreement; (2) The coverage is primary and no other insurance carried by EBRPD and any contractors will be called upon to contribute to a loss under this coverage; ( 3) The policy covers blanket contractual liability: (4) The policy limits of liability are provided on an occurrence basis; (5) The policy covers broad form property damage liability; (6) The policy covers personal injury as well as bodily injury liability; (7) The policy covers explosion, collapse, and underground hazards; (8) The policy covers products and completed operations; (9) The policy covers use of non-owned automobiles; (10) The coverage shall not be canceled nor materially altered unless 30 days' written notice is given to County. 3 i (d) Failure of Coverage. Failure, inability, or refusal of EBRPD and any contractor to take out and maintain during the entire term or terms of this Agreement any and all of the insurance as aforesaid shall at the option of the County constitute a breach of this Agreement and justify immediate termination of the ;;same. (e) Self Insurance. EBRPD has the right and option to self-insure the requirements under Section I, (7) upon written notice to County that EBRPD assumes the obligations in the place and stead of any insurance carrier, any reference to failure of coverage notwithstanding. In the event that EBRPD elects ,!to self-insure, EBRPD shall provide to Countya certificate or other evidence of self-insurance acceptable to County. (8) Comply with all federal, state and local laws, ordinances and regulations in carrying out its responsibilities under this Agreement. i SECTION II AGENCY RESPONSIBILITIES: Agency Agrees (1) To perform all necessary demolition, hazardous material removal, and site clearing necessary for Project construction. (2) To provide construction access to the Project by March 31, 1995. (3) That EBRPD is designated hereunder as the party responsible for the expenditure of Redevelopment funds in the amount of $60,000. (4) To review and comment on Project plans and specifications within thirty days of EBRPD's submittal date. (5) To process EBRPD's Payment Requests in a timely fashion. (6) To allow EBRPD, its contractors and their authorized agents, to enter 'Jts property and bring the necessary workers, tools, and equipment for the purpose of constructing the Project. 4 GENERAL CONDITIONS: (1) This agreement may be canceled by mutual consent in writing of the two parties. (2) Notices regarding this agreement shall be sent by first class mail, postage prepaid, to EBRPD at P. O. Box 5381, Oakland, CA 94605-0381 and to Agency at Community Development, 4th Floor, North Wing, 651 Pine Street, 4th Floor, North Wing, Martinez, CA 94553-4897. ( 3) EBRPD shall defend, indemnify, save, and hold harmless Agency and its officers and employees from any and all claims, costs, and liability for any damages, sickness, death, or injury to person(s) or property, including without limitation all consequential damages from any cause whatsoever, arising directly or indirectly from or connected with the negligent acts, omissions, operations or services of EBRPD or its officers, employees, agents, or subcontractors hereunder. EBRPD shall reimburse Agency ?,for any expenditures, including reasonable attorney's fees Agency may by reason of the matters that are the subject of this indemnification and, if requested by Agency, shall defend any , claims or litigation to which this indemnification applies at the sole cost and expense of EBRPD. . (4) Agency shall defend, indemnify, save, and hold harmless EBRPD and its officers and employees from any and all claims, costs, and liability for any damages, sickness, death, or injury to persons(s) or 'property, including without limitation all consequential damages from any cause whatsoever, arising directly or indirectly from or connected with the negligent acts, omissions, operations or services of Agency or its officers, employees, agents, or subcontractors hereunder. Agency shall reimburse EBRPD for any expenditures, including reasonable attorney's fees, EBRPD may by reason of the matters that are the subject of this indemnification and, if requested by EBRPD, shall defend any claims or litigation to which this indemnification applies at the sole cost and expense of Agency. (5) This Agreement contains the entire agreement between the parties with ',regard to matters described in this Agreement and supersedes all prior agreements, whether written or oral, between the parties with respect to such subject matter. (6.) This Agreement shall be interpreted and enforced under the laws of the State of California. 5 �I (7) This Agreement shall terminate at such time as Agency and EBRPD enter into a license agreement for the operation and maintenance of the Project. The obligations contained in Section III (3) and (4) of this Agreement shall survive termination of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, duly authorized, theprovisions of which Agreement are effective as of the day, month, and year first hereinabove written. CO RA OST COUNTY EAST AY GIONA DIST By By Chairperson Pa 0 en Board of Supervisors Gene Manager Attested: Phil Batchelor Administrator and Clerk of the Boar By OIA44 Approved as to form: Approved as to form: Victor J. Westman Ted Radosevich County Counsel District Counsel B Y CONTRA COS A C UNTY RE EVELOP ENT GENC By Chair erson Attested: Phil Batchelor Age Se etary By Approved as to form: V!ocun't or J. Westman oun el B SEW 2/25/92 6 C