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HomeMy WebLinkAboutMINUTES - 03112008 - C.111 TO: REDEVELOPMENT AGENCY 'S V FROM: JOHN CULLEN I Costa EXECUTIVE DIRECTOR �OST'4 COUI3'� DATE: March 11, 2008 County SUBJECT: Bay Point Waterfront Environmental Impact Report Consultant SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: APPROVE and AUTHORIZE the Redevelopment Director to execute a contract amendment with Environmental Science Associates to increase the payment limit by $57,728 for a new payment limit of $367,093.00 and extend the term of the contract from December 31, 2007 to December 31, 2008. FINANCIAL IMPACT: No General Fund money will be used. The total payment limit of $367,093 was included in the Bay Point Redevelopment Agency budgets for the years 2004/2005 through 2007/08. CONTINUED ON ATTACHMENT: 2rYES SIGNATURE: � COMMENDATION OF EXECUTIVE DIRECTOR ❑ RECO ME DATION OF A ENCY COMMITTE [],APPROVE ❑ OTHER SIGNATURE(S): %zr,ii ACTION OFA CY ON APPROVED AS RECOMMENDED V OVER ❑ VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND V UNANIMOUS(ABSENT ) ENTERED ON THE MINUTES OF THE AYES: NOES: REDEVELOPMENT AGENCY ON THE DATE SHOWN. ABSENT: ABSTAIN: _ ATTESTED 2�g- Contact: Jim Kennedy (335-7225) JOHN CULLEN,AGENCY SECRETARY cc: CAO County Counsel < Redevelopment Agency Via Redevelopment Agency By.-J�wWa QL Deputy Environmental Science Associates BACKGROUND: A major redevelopment activity in Bay Point is to revitalize the deteriorating waterfront area. In late 2001, the Redevelopment Agency retained a consultant team to work with the Bay Point Community to develop a Strategic Plan for the waterfront area, to prepare and evaluate the economic and market feasibility analysis of the area and to evaluate the condition of the marinas and the infrastructure needs of the Bay Point waterfront. The result of this work is in the Bay Point Waterfront Strategic Plan. On December 16, 2003, the Board of Supervisors accepted the Bay Point Waterfront Strategic Plan and authorized a General Plan study for the project. The subject consultant contract is to conduct the environmental work necessary for the general plan study. Additional funds are necessary to complete the Final Environmental Impact Report due to the extent of the comments on the Draft Environmental Impact Report. The additional scope of work includes the increased consultant fees for preparation of the Responses to Comments, the Administrative Final EIR, and the Final EIR (excluding printing). The increase in fees is due to delays in the project from the original costs, as well as response to substantial comments from PG&E, for the Bay Point Waterfront Strategic Plan, for an additional $57,728. The new scope of work does not include the additional analysis of a PG&E alternative. Contra Costa County CONTRACT AMENDMENT/ . Number 49041 Standard Form L-9 EXTENSION AGREEMENT '' Fund/Org# 7892 Revised 2002 (Purchase of Services Long Form) Account# 2310 Other# 1. Identification,of Contract to be Amended. Number: 49041 Effective Date: February 15, 2005 Department: Community Development Dept/Redevelopment Agency Subject: Bay Point Waterfront Strategic Plan EIR 2. Parties. The County of Contra Costa,California(County),for its Department named above,and the following named Contractor mutually agree and promise as follows: Contractor:. Environmental Science.Associates (ESA..) Capacity: Corporation Address: 225 Bush Street Suite 1700 San Francisco, California 94104 3. Amendment Date. The-effective date of this Amendment/Extension Agreement is December 31, 2007. 4. Amendment Specifications. The Contract identified above is hereby amended as set forth in.the"Amendment Specifications'„' attached hereto which are incorporated herein by reference. 5. Extension of Term. The term of the above described Contract between the parties hereto is hereby extended from December 31, 2007 to December 31. 2008,unless sooner terminated as provided in said contract. 6. Payment Limit Increase. The payment limit of the above described Contract between the parties hereto is hereby increased by $57,728.00, from$309,365.00 to a new total Contract Payment Limit of$367,093.00. 7. Siena ires.. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA,-CALIFORNIA BOARD OF SUPERVISORS ATTEST: Clerk of the Board of Supervisors y' By C Ch ' manfDesignee Deputy CONTRACTOR Name of business'entity__- Name of business entity By By (Signature of individual or officer) (Signature ;j'of individual or officer) (Print name and title A,if applicable) (Print name and title B,if applicable) Note to Contractor:For Corporations(profit or nonprofit);the contract must be signed by two officers.Signature A must be that of the president or vice- president and Signature Rutust be that of the secretary or assistant secretary(Civil Code Section 1190 and Corporations Code Section 313).All signatures must be acknowledged as set forth on Form L-z. L-9 (Page t of 1) Contra Costa County APPROVALS/ACKNOWLEDGMENT Number Standard Form L-2 (Purchase of Services -Long Form) Revised 2002 APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED COUNTY COUNSEL By: By: Designee epu APPROVED: COUNTY ADMINISTRATOR By: Designee ACKNOWLEDGMENT STATE OF CALIFORNIA ss. COUNTY OF CONTRA COSTA } On ,before me, insert name and title of the officer),personally appeared personally known to me(or proved to me on the basis of satisfactory evidence)to be the persons)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS MY HAND AND OFFICIAL SEAL. (Seal) Signature ACKNOWLEDGMENT(by Corporation,Partnership,or Individual) (Civil Coda§1189) L-2(Page 1 of 1) i. Contrl.Costa County PAYMENT PROVISIONS Number Standard Form P-1 (Fee Basis Contracts-Long and Short Form) Revised 2002 1. Payment Amounts. Subject to the Payment Limit of this Contract and subject to the following Payment Provisions, County will pay Contractor the following fee as full compensation for all services, work, expenses or costs provided or incurred by Contractor: [Check one.alternative only. ❑ a. $ monthly, or ❑b. $ per unit, as defined in the Service Plan, or ❑ c. $ 'after completion of all obligations and conditions herein. ® d. Other: Per Cost Estimate Detail(attached). 2. Payment Demands.Contractor shall submit written demands for payment on County Demand Form D-15 in the manner and form prescribed by County. Contractor shall submit said demands for payment no later than 30 days from the end of the°month in which the contract services upon which such demand is based were actually rendered. Upon approval of payment demands by the head of the County Department for which. this Contract is made, or hisdesignee, County will make payments as specified in Paragraph 1. (Payment Amounts) above. 3. Penalty for Late Submission. If County is unable to obtain reimbursement from the State of California as a result of Contractor's failure to submit to County a timely demand for payment as specified in Paragraph 2. (Payment Demands) above, County shall not pay Contractor for.such services to the extent County's recovery of funding is prejudiced by the delay even though such services were fully provided. 4. Rigbt to Withhold. County has the right to withhold payment to Contractor when,in the opinion of County expressed in writing to Contractor, (a) Contractor's performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Contractor has failed to sufficiently itemize or document its demand(s)for payment. 5. Audit Exceptions. Contractor agrees to accept responsibility for receiving,replying to,and/or complying with any audit exceptions by appropriate county, state or federal audit agencies resulting from its performance of this Contract. Within 30 days of demand,Contractor shall pay County the full amount of County's obligation,if any,to the state and/or federal government resulting from any audit exceptions,to the extent such are attributable to Contractor's failure to perform properly any of its obligations under this Contract. Initials: Contractor County Dept. Form P-1 (Page 1 of 1) , r Environmental Sciences Associates Additional Scope of Services The additional scope of work includes the increased consultant fees for preparation of the Responses to Conurients,the Administrative Final EIR,and the Final EIR(excluding - printing). .The increase in fees is due to delays in the project from the original costs,as well as response to substantial comments from PG&E,for the Bay Point Waterfront Strategic Plan,for an additional$57,728. *The new scope of work does not include the additional analysis of a PG&E alternative. 98 _ ets«�.raa�tca uo ner�nar ' t'SW`laewy`aulin $B WU Aso ��Q 840 . 0 gg pg ggg ' �' ^WN 51Pwpeaa D II tr. F $ p v, q ot99�aT ... 40 Zanpaopoaaryapy,,aylo}wD a „�g O •{q7 6 p 4s kl ' } .. aagaaa6 aFnU� �a , y «s - g ,6