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HomeMy WebLinkAboutMINUTES - 02062001 - C.17 J r v $ TO: BOARD OF SUPERVISORS ;` =' CONTRA F., „€ COSTA FROM: PHIL BATCHELOR, COUNTY ADMINISTRATOR ` _ , COUNTY DATE: February 6; 2001 SUBJECT: Execution of Agreement with the City of Antioch for Professional Services In Order to Construct a New Fire Station 82 on Blue Rock Drive, Antioch. SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): APPROVE and AUTHORIZE the Chair, Board of Supervisors, as the Board of Directors of the Contra Costa County Fire Protection District, to execute an agreement with the City of Antioch for the design, development and construction related to a new fire station in Antioch to replace the existing Fire Station 82. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): On September 12, 2000, the Board of Supervisors adopted Resolution No. 2000/434 to consummate purchase and accept the Grant Deed for the Blue Rock Drive Fire Station Site (Relocation of Station 82) in Antioch. The City of Antioch collects, retains and controls Fire Facilities Capital Improvement Funds under City Ordinance. Such funds were used to purchase the new fire station site.on Blue Rock Drive and will finance the design, development and construction of the new fire station. The Fire District continues to coordinate with the City of Antioch relative to planning and construction of Fire District facility improvements. Following the successful partnership resulting in construction of the new Fire Station 88 in Antioch in 1994, the Fire District seeks the Lead Agency assistance of the Ci in the construction of new Fire Statio 82. CONTINUED ON ATTACHMENT: YES SIGNATURE: -,I,"-RECOMMENDATION OF COUNTY ADMINISTRATOR_*9E.COMMENDATION OP6AAD COMMITTEE PPROVE OTHER SIGNATURE(S): ACTION OFBOARFEBRUARY b, ZUU1 APPROVED AS RECOMMENDED^OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A X UNANIMOUS(ABSENT NONE 1 TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ABSENT: ABSTAIN: ON MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: ATTESTED FEBRUARY 6, 2001 PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR cc: CAO Contra Costa Fire Protection District BY �� ,DEPUTY c . ` AGREEMENT TO CONSTRUCT A NEW FIRE STATION FACILITY ON BLUEROCK 2001 THIS AGREEMENT is entered into this 6TH day of FEBRUARY 1900a 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 sysr `�f o12-6,C v ' ' 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; By. Mary Rocha, Mayor dayleM. Uilke . , Chair Board of Supervisors APPROVED AS TO FORM: APPROVED AS TO FORM: Silvano B. Marchesi County Counsel By; By; I �. S. M William R. Galstan . Deputyounty Cou I City Attorney i12-.l01 UAMWA\sta82-2.101\cj 4 CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT 201 O GEARY ROAD PLEASANT HILL,CA 94523-4694 (925)9305500 From The Desk Of.- MICHAEL ARGO (925)930-5503 Assistant Chief FAX(925)930-5592 Support Services Division A �xsr gvw jFia-e YWV& REGEIVED MAR 2 2001 CLERK BOWID s✓F S�JPERVt50RS CONTRA COSTA CO. r AGREEMENT TO CONSTRUCT A NEW FIRE STATION FACILITY ON BLUEROCK 2001 THIS AGREEMENT is entered into this 6TH day of FF.RRilARY ,HBe 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 FI PROTECTI STRICT: By• �[ t Gayl . Uilke a, Chair d P. Fr itas, Mayo Board of Supervisors APPROVED AS T RM: APPROVED AS TO FORM: Silvano B. Marchesi County Counsel By: I Jas ) /Jr William R. Galstan Deputy 4unty Cou I City Attorney UAMWA\sta82-2.101\cj 4 r 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 matter of this Agreement. CITY OF ANTIOCH: CONTRA COSTA COUNTY: By: w By: Michael P. Ramsey Donna Gerber, Chair City Manager Board of Supervisors APPROVED AS TO FORM: APPROVED AS TO FORM: Victor J. Westmen, County Counsel By: li ,{�uuh William R. Galstan City Attorney By: Deputy County Counsel 3 BOARD OF SUPERVISORS '� SQL _°� Con ra FROM: Phil Batchelor,.CAO - a'- Is Costa DATE: February 6, 2001 County SUBJECT: Release of East Diablo Fire Protection District Development Fee Funds SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION Recommendation: AUTHORIZE the County Auditor Controller to transfer $143,600 from the East Diablo Fire District Development Fee Trust Account No. 850500 to the District's Operating Budget Number 7013 for costs related to the purchase of radios, computer software and computer hardware to facilitate the communication upgrades in the County fire service. Financial Impact: Enable East Diablo Fire Protection District to reimburse costs for communication upgrades. Reasons and Recommendations/Background: The District has identified the need to purchase radios, computer software and computer hardware to upgrade and keep pace with the communication system in the County fire service. The appropriation adjustment for this transfer (AP005002) was approved on September 26, 2000. The Auditor Controller's department is requesting that this Board Order be submitted to authorize the transfer of funds outlined in the approved appropriation adjustment. CONTINUED ON ATTACHMENT: YES SIGNATURE. RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATIONO O RD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOA64 FEBRUARY 6, 2001 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. X UNANIMOUS(ABSENT NONE ) AYES: NOES: ABSENT: ABSTAIN: Contact: Cc: CAO ATTESTED FEBRUARY 6, 2001 East Diablo Fire Protection District PHIL BATCHELOR,CLERK OF THE BOARD OFSUPERVISORS Auditor-Controller BY: DEPUTY