HomeMy WebLinkAboutMINUTES - 05241994 - 1.7 (2) 1.707
Contra
TO: REDEVELOPMENT AGENCY �... ,, Costa
FROM: Phil Batchelor s
County
Executive Director
DATE: May 24, 1994
SUBJECT: Oakley Redevelopment Area - Fund Construction of portion of Delta DeAnza Trail
SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
APPROVE the allocation of$150,000 in Fiscal Year 1993-94 Oakley Redevelopment Project Area funds
to the East Bay Regional Park District to construct a portion of the Delta DeAnza Trail; and
AUTHORIZE the Deputy Director to enter into a Funding Agreement with the East Bay Regional Park
District.
FISCAL IMPACT
No General Funds are involved. The monies will come from the Oakley Redevelopment Project Area
tax increment funds for Fiscal Year 1993-94. The Agency's adopted 1993-94 Budget contemplated this
allocation of Funds.
BACKGROUND/REASONS FOR RECOMMENDATIONS
Fiscal Agreements were entered into with various taxing entities upon the creation of the Oakley
Redevelopment Plan in December 1989. These agreements were established to eliminate any potential
financial burden a taxing entity might experience upon the adoption of the Oakley Redevelopment Plan.
The East Bay Regional Park District (EBRPD) and the Redevelopment Agency entered into such an
agreement.
CONTINUED ON ATTACHMENT: _YES SIGNATURE: '
• �2�v►�•e-J
_RECOMMENDATION OF EXECUTIVE DIRECTOR_ R C MENDAT ON OF AGE Y
COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF AGENCY ON a4l 139 4 APPROVED AS RECOMMENDED ✓ OTHER
VOTE OF COMMISSIONERS
I HEREBY CERTIFY THAT THIS IS A
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
cc: Community Development PHI A�CHELOR,
County Counsel AGENCY SECRETARY
County Administrator
EBRPD
BY , DEPUTY
1
,
y
The Fiscal Agreement with EBRPD provided for the Agency to contribute a maximum of$150,000
to EBRPD to assist with the construction of a portion of the Delta DeAnza Trail. This trail is to be
located near the intersection of Cypress Avenue and State Route 4 in Oakley. EBRPD anticipates
being under contract for the work in early 1995. Construction of this portion of the Delta DeAnza
Trail is expected to take eighteen months.
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Redeveloprmen't Agency Contra Commissioners
�1 Jim Rogers
County Administration Building Costa
o sta 1st District
651 Pine Street,4th Floor,Norih Wing \J l Jeff Smith
Martinez,California 94553-12`)6 County 2nd District
Phil Batchelor Gayle Bishop
Executive Director 3rd District
Mark DeSaulnier
Harvey E.Bragdon
Assistant Executive Director 1 - 4th District
James Kennedy Tom Torlakson
��an�s '�`�
Deputy Director-Redevelopment o 5th District
(510)646-4076 w•' _, .�
April 14, 1995
TO: Jeanne Maglio
Clerk of the B�rd of pervisors
FROM: Jim Ke ed
Deput D' ect - Redevelopment
SUBJECT: Fun ing Bement Between Redevelopment Agency and East Bay Regional
Par D' rict for Delta DeAnza Trail - Oakley
On May 29, 1994 the Redevelopment Agency approved the allocation of $150,000 in Oakley
Redevelopment Project Area funds, and authorized the Deputy Director- Redevelopment to enter
into a Funding Agreement with the East Bay Regional Parks District. A fully executed copy of that
Agreement is attached for your records.
JK:Ih
Attachment
sra18/maglio.mem
C,-
AN AGREEMENT BETWEEN
THE CONTRA COSTA COUNTY REDEVELOPMENT AGENCY
and
THE EAST BAY REGIONAL PARKS DISTRICT
TO FUND AND CONSTRUCT DELTA DE ANZA TRAIL
IN OAKLEY
This Agreement is made and entered into this t o+4 day of Avnvit
1994, by and between the Contra Costa County 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 Parks District, a public corporation organized and existing under the laws of the State
of California, hereinafter called "EBRPD".
RECITALS
WHEREAS, Agency adopted a Redevelopment Plan for the Oakley area on December 21; 1989; and
WHEREAS, Agency and East Bay Regional Park District entered into a fiscal agreement concurrent
.with Agency's adoption of the Oakley Redevelopment Plan; and
WHEREAS,that fiscal agreement provides for Agency to assist the East Bay Regional Park District
with the construction of improvements to the Delta De Anza Trail; and
WHEREAS, Agency has budgeted $150,000 to develop a portion of the Delta De Anza Trail to be
created near the intersection of Cypress Avenue and State Route 4 in Oakley(hereinafter referred to
as "Project"); and
WHEREAS, the Delta De Anza Trail is a regional trail system being developed by EBRPD; and
WHEREAS, EBRPD is prepared to be Project Manager for the Delta De Anza Trail development;
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:
AGREEMENT
SECTION I
EBRPD Responsibilities:
EBRPD shall:
(1) Provide plans and specifications to Agency thirty (30) 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
regulations prescribed by County.
(3) Complete the trail and limit expenditure of funds described in this Agreement to the Project
limits(Cypress Avenue to State Route 4), and to expend the funds before December 31, 1996
(see Exhibit A, map of trails in the Oakley area).
(4) Upon completion of the Project, submit documentation of the payments made regarding the
construction of this portion of the Delta DeAnza Trail.
(5) Retain, or cause to be retained for audit all records and accounts relating to the Project for
the period required by County. EBRPD shall be strictly accountable for all funds and, upon
request, will report receipts and disbursements.
(6) Insurance Requirements:
EBRPD shall take out and maintain during the life of the Agreement all the insurance required
by this Section and shall submit certificates for review and approval by County. Any
Contractors utilized by EBRPD shall take out and maintain such insurance during the
performance of their contracts. No construction on or use of the Trail shall commence until
such insurance has been approved by County. The Certificates shall be on forms provided by
County or the insurance carrier. Acceptance of the certificates shall not relieve EBRPD of
any of the insurance requirements, nor decrease the liability of EBRPD. County reserves the
right to require EBRPD to provide insurance policies for review by County.
(a) Workers' Compensation Insurance. EBRPD shall take out and maintain during the
life of the Agreement, Workers'Compensation and Employers'Liability Insurance for
all of its employees on the Trail or Property. EBRPD shall require any subcontractor
to provide it with evidence of Workers' Compensation and Employers' Liability
Insurance, all in strict compliance with California State laws.
(b) Public Liability Insurance. EBRPD shall take out and maintain during the life of
the Agreement, Comprehensive Automobile and General Liability Insurance that
provides protection under this Agreement. EBRPD shall require any subcontractor
to provide evidence of the same liability insurance coverages. The amounts of
insurance shall be not less than the following: Single Limit Coverage applying to
Bodily and Personal Injury Liability and Property Damage: $1,000,000 per
occurrence.
(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 the County 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 thirty (30)
days'written notice is given to the County.
(d) Failure of Coverage. Failure, inability, or refusal of EBRPD 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 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 this Section 6 upon written notice to the 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 the County a certificate or other evidence of self-insurance acceptable
to the County.
(7) Comply with all Federal, State and local laws, ordinances and regulations in carrying out its
responsibilities under this Agreement.
SECTION II
Agency Responsibilities:
Agency agrees:
(1) To disperse the$150,000 as a lump sum payment to EBRPD upon approval of a construction
bid by the EBRPD's governing body.
(2) That EBRPD is designated hereunder as the party responsible for the expenditure of Agency
funds in the amount of$150,000.
(3) To review and comment on Project plans and specifications within thirty (30) days of
EBRPD's submittal date.
(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.
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
Department, 651 Pine Street, 4th Floor, North Wing, Martinez, CA 94553.
(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 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 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.
(a) This Agreement shall terminate at such time as Agency has disbursed funds and
EBRPD has completed the Project. The three(3)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.
CONTRA COSTA COUNTY EAST BAY REGIONAL PARK
REDEVELOPMENT AGEN Y DISTRICT
By:
Ch ' tPhil
P B ' n
General Manager
Attest Agency Secretary
By: By:
Approved as to form: Approved as to form:
Victor J. Westman Ted Radosevich
C Counsel District Counsel
B By: C
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