HomeMy WebLinkAboutMINUTES - 08122003 - C.22 TO: BOARD OF SUPERVISORS, as Governing Board of the Flood Control and Water
Conservation District
FROM: MAURICE M. SHIU, CHIEF ENGINEER
DATE: AUGUST 12, 2003
SUBJECT: AUTHORIZE THE CHIEF ENGINEER, OR DESIGNEE, TO EXECUTE A CONSULTING
SERVICES AGREEMENT WITH SUMMIT ASSOCIATES FOR THE SAN RAMON
CREEK AT CASA VALLECITA STORM DRAINAGE REPAIR PROJECT IN THE
AMOUNT OF $65,000, PROJECT NO.: 7520-669324-03, (DISTRICT 111)
Specific Request(s)or Recommendation(s)&Background&Justification
1. Recommended Action:
AUTHORIZE the Chief Engineer, or designee, to execute a Consulting Services Agreement with
Summit Associates for the San Ramon Creek at Casa Vallecita Storm Drainage Repair Project in
the amount of$65,000 for the period July 15, 2003 through June 30, 2004, Alamo area.
11. Financial lmpact:
There will be no impact on the County General Fund. The Consulting Services Agreement is for
$65,000. (Flood Control Zone 3B Funds)
Continued on attachment: X yes SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVFi—;,—OTHER
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SIGNATURE (S):
ACTION OF BO DM: AILGLIST 7 9 {2 03 APPROVED AS RECOMMENDED XX OTHER
U
VOTE OF SUPERVISORS I hereby certify that this is a true and correct co of an
XX UNANIMOUS (ABSENTNONE ) Y Y copy
AYES: NOES: action taken and entered on the minutes of the Board of
ABSENT: ABSTAIN: Supervisors on the date shown.
i
Contact: Mike Carlson,(925)313-2321 ATTESTED: AUGUST 12, 2003
Ong.Div.: PW(Constr) JOHN SWEETEN, Clerk of the Board of Supervisors and
cc: Auditor-Controller County Administrator
E.Kuevor,CAO
R.Bruno,Construction
Accounting
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Consultant By Deputy
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G.IGRPDATA\CONST180=03%CSA•SUk4M/T-SANRAMONCREEKCCASAVALLECITA.DOC
SUBJECT: AUTHORIZE CHIEF ENGINEER,OR DESIGNEE,TO EXECUTE A CONSULTING SERVICES AGREEMENT
WITH SUMMIT ASSOCIATES
DATE: AUGUST 12, 2003
PAGE: 2 OF 2
Ill. Reasons for Recommendations and Background:
The construction contract for the San Ramon Creek at Casa Vallecita Storm Drainage Repair
Project was awarded to the lowest responsible bidder on July 28, 2003. Construction activities
began on July 30, 2003 and the Consulting Services Agreement is from July 15, 2003 to June 30,
2004.
The construction management services include construction engineering, project management,and
construction inspection. Summit Associates was selected for the contract from a field of eight
consulting firms.
IV. Consequences of Negative Action:
If the Consultant Services Agreement with Summit Associates is not approved, it may not be
possible to complete construction of the approved project.
CONSULTING SERVICES AGREEMENT
1. Special Conditions. These Special Conditions are incorporated below by reference.
(a) Public Agency: Contra Costa County Flood Control&Water Conservation District
(b) Consultant's Name &Address: Summit Associates
2300 Clayton Road
Suite 1380
Concord, CA 94520
(c) Project Name, Number&Location: San Ramon Creek at Casa Vallecita Storm drainage Repair Project,Alamo,Project No.
7520-68932403,(District 3)
(d) Effective Date: July 15, 2003 (e) Payment Limit(s): $65,000
(f) Completion Date(s): June 31, 2004
(g) Federal Taxpayer's I.D. or Social Security Number:
2. Signatures. These signatures attest the parties' agreement hereto:
Recommended.by Department CONSULTANT
By: Maurice M. Shiu
Chief Engineer !'L/./7 '-! 'G By.
(Designelle o icia€c parity in the business Type of Business:
(sole propr€ torship, government agency, partnership, corporation, etc.)
If Corporation, State of Incorporation:_ C_ l atm taA
By By: ?X16:94%svr.
(Designate official capacity in the business)
Note to Consultant: For corporations, the contract must be signed by two officers. The first signature must be that of the
chairman of the board, president, or vice-president;the second signature must be that of the secretary, assistant secretary,
chief financial officer,or assistant treasurer. (Civ.Code, Sec. 1190 and Corps.Code.Sec.313.)The acknowledgment below
must be signed by a Notary Public,
CERTIFICATE OF ACKNOWLEDGMENT
State of California )
County of _-- &n6 a,,g&X ) ss.
On the date written below, before me, the undersigned Notary Public, personally appeared the personfsj signing above for
Consultant,personally known tome to be the person,*whose namefs)
isfare subscribed to the within instrument and acknowledged to me that hefs4eA4ey executed the same in hisA
authorized capacity4"4, and that by hist signature( on the instrument the person*9J, or the entity upon behalf of
which the person*acted, executed the instrument.
WITNESS my hand and official seal.
Dated: 1,
No ublic
(Notary's Seal)
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0MyCoM. G. SARMIEN€
Comms ion# 1381711
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Notary Puoflc - Calffornia
Contra Costa County
2 3. Parties. Effective on the above date,the above-named Public Agency and Consultant mutually agree and promise as
follows:
4. Employment. Public Agency hereby employs Consultant, and Consultant accepts such employment, to perform the
professional services described herein, upon the terms and in consideration of the payments stated herein.
5. Scope of Service. Scope of service shall be as described in Appendix A, attached hereto and made a part hereof by
this reference.
6. Report Disclosure Section.Any document or written report prepared hereunder by Consultant,or a subcontractor,far
Public Agency shall contain, in a separate section,the numbers and dollar amounts of this contract and all subcontracts
relating to the preparation of such document or written report, provided that the payment limit specified in Sec. 1(e)
exceeds $5,000. When multiple documents or written reports are the subject or products of this agreement, the
disclosure section may also contain a statement indicating that the total contract amount represents compensation for
multiple documents or written reports.
7. Insurance. Consultant shall, at no cost to Public Agency, obtain and maintain during the term hereof: (a)Workers'
Compensation Insurance pursuant to state law; (b) Professional Liability Insurance with minimum coverage of
$1,000,000.00 and a maximum deductible of$50,000.00; and (c) Commercial General Liability Insurance, including
blanket contractual(or contractual liability)coverage,broad form property damage coverage, and coverage for owned
and non-owned vehicles, with a minimum combined single limit coverage of $1,000,000.00 for all damages due to
bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof,
arising out of each accident or occurrence, and naming Public Agency, its/their governing bodies, officers and
employees as additional insureds. Consultant shall promptly furnish to Public Agency certificates of insurance
evidencing such coverage and requiring 30 days'written notice to Public Agency of policy lapse,cancellation or material
change in coverage.
8. Payment. Public Agency shall pay Consultant for professional services performed at the rates shown in Appendix B
attached hereto, which include all overhead and incidental expenses, for which no additional compensation shall be
allowed. Notwithstanding the foregoing, those incidental expenses specifically itemized in Appendix B shall be
reimbursable by Public Agency to Consultant,provided that Consultant submits copies of receipts and,if applicable,a
detailed mileage log to Public Agency. In no event shall the total amount paid to Consultant exceed the payment limit(s)
specified in Sec. 1(e) without prior written approval of the Public Agency. Consultant's billing statements shall be
submitted at convenient intervals approved by Public Agency and shall list, for each item of services, the employee
categories, hours and rates. Public Agency will pay consultant in accordance with the requirements of Civil Code
Section 3320 as applicable.
9. Status. The Consultant is an independent contractor, and shall not be considered an employee of Public Agency.
10. Time for Completion. Unless the time is extended in writing by Public Agency, Consultant shall complete all services
covered by this Agreement no later than the Completion Date(s) listed above.
11, Record Retention and Auditing. Except for materials and records delivered to Public Agency,Consultant shall retain all
materials and records prepared or obtained in the performance of this Agreement, including financial records, for a
period of at least three years after Consultant's receipt of the final payment under this Agreement. Upon request by
Public Agency,at no additional charge,Consultant shall promptly make such records available to Public Agency,or to
authorized representatives of the state and federal governments,at a convenient location within Contra Costa County
designated by Public Agency, and without restriction or limitation on their use.
12. Documentation.Consultant shall prepare and deliver to Public Agency at no additional charge,the items described in
Appendix A to document the performance of this Agreement and shall furnish to Public Agency such information as is
necessary to enable Public Agency to monitor the performance of this Agreement.
13. Ownership of Documents. All materials and records of a finished nature, such as final plans, specifications, reports,
and maps,prepared or obtained in the performance of this Agreement,shall be delivered to and become the property of
Public Agency.All materials of a preliminary nature, such as survey notes,sketches,preliminary plans, computations
and other data, prepared or obtained in the performance of this Agreement, shall be made available,upon request,to
Public Agency at no additional charge and without restriction or limitation on their use.
. .....................
14. Extra Work. Any work or services in addition to the work or services described in Appendix A shall be performed by
Consultant according to the rates or charges listed in Appendix B. In the event that no rate or charge is listed for a
particular type of extra work, Consultant shall be paid for the extra work at a rate to be mutually agreed on prior to
commencement of the extra work. In no event shall Consultant be entitled to compensation for extra work unless a
written authorization or change order describing the work and payment terms has been executed by Public Agency prior
to the commencement of the work.
15. Payment Retention. No retention will be withheld.
16. Termination by Public A_gency.At its option, Public Agency shall have the right to terminate this Agreement at anytime
by written notice to Consultant,whether or not Consultant is then in default. Upon such termination,Consultant shall,
without delay, deliver to Public Agency all materials and records prepared or obtained in the performance of this
Agreement, and shall be paid, without duplication, all amounts due for the services rendered up to the date of
termination.
17. Abandonment by Consultant. In the event the Consultant ceases performing services under this Agreement or
otherwise abandons the project prior to completing all of the services described in this Agreement, Consultant shall,
without delay, deliver to Public Agency all materials and records prepared or obtained in the performance of this
Agreement,and shall be paid for the services performed up to the time of cessation or abandonment,less a deduction
for any damages or additional expenses which Public Agency incurs as a result of such cessation or abandonment.
13. Breach. In the event that Consultant fails to perform any of the services described in this Agreement or otherwise
breaches this Agreement, Public Agency shall have the right to pursue all remedies provided by law or equity. Any
disputes relating to the performance of this Agreement shall not be subject to non judicial arbitration. Any litigation
involving this Agreement or relating to the work shall be brought in Contra Costa County,and Consultant hereby waives
the removal provisions of Code of Civil Procedure Section 394.
19. Compliance with Laws. in performing this Agreement, Consultant shall comply with all applicable laws, statutes,
ordinances, rules and regulations, whether federal, state, or local in origin. This includes compliance with prevailing
wage rates and their payment in accordance with California Labor Code, Section 1775.
20. Assignment. This Agreement shall not be assignable or transferable in whole or in part by Consultant, whether
voluntarily,by operation of law or otherwise;provided,however,that Consultant shall have the right to sub-contract that
portion of the services for which Consultant does not have the facilities to perform so long as Consultant notifies Public
Agency of such subcontracting prior to execution of this Agreement.Any other purported assignment,transfer or sub-
contracting shall be void.
21 Subcontracting.All subcontracts exceeding$25,000 in cost shall contain all of the required provisions of this contract.
Consultant will pay each subconsultant in accordance with the requirements of Civil Code Section 3321 as applicable.
22. Endorsement on Plans.Consultant shall endorse all plans,specifications,estimates,reports and other items described
in Appendix A that they produce prior to delivering them to Public Agency, and where appropriate, indicate his/her
registration number.
23. Patents and Copyrights.The issuance of a patent or copyright to Consultant or any other person shall not affect Public
Agency's rights to the materials and records prepared or obtained in the performance of this Agreement.Public Agency
reserves a license to use such materials and records without restriction or limitation, and Public Agency shall not be
required to pay any additional fee or royalty for such materials or records.The license reserved by Public Agency shall
continue for a period of fifty years from the date of execution of this Agreement,unless extended by operation of law or
otherwise.
24. Indemnification. Consultant shall defend, indemnify, save, and hold harmless Public Agency, its governing body,
officers,and employees from any and all claims, costs, and liability for any damages, injury,or death arising directly or
indirectly from, or connected with, the services provided hereunder and due to, or claimed or alleged to be due to,
negligence or willful misconduct of Consultant, its officers,employees,agents,subconsultants,or any person under its
direction or control,save and except claims or litigation arising through the sole negligence or sole willful misconduct of
Public Agency, and will make good to and reimburse the indemnitees for any expenditures, including reasonable
attorney's fees,the indemnitees may make by reason of such matters and, if requested by any of the indemnitees,will
defend any such suits at the cost and expense of Consultant. Consultant's obligations under this section shall exist
regardless of concurrent negligence or willful misconduct on the part of Public Agency or any other person but shall be
limited to the proportion of negligence or willful misconduct attributable to Consultant, its officers,employees,agents,
subconsultants, or any person under its direction or control.
25. Heirs.Successors and Assigns. Except as provided otherwise in Section 20 above,this Agreement shall inure to the
benefit of and bind the heirs, successors, executors, personal representatives, and assigns of the parties.
26. Public Endorsements. Consultant shall not in its capacity as a Consultant with Public Agency publicly endorse or
oppose the use of any particular brand name or commercial product without the prior approval of the Public Agency's
governing board. In its Public Agency Consultant capacity, Consultant shall not publicly attribute qualities or lack of
qualities to a particular brand name or commercial product in the absence of a well-established and widely accepted
scientific basis for such claims or without the prior approval of the Public Agency's governing board.In its Public Agency
Consultant capacity, Consultant shall not participate or appear in any commercially-produced advertisements designed
to promote a particular brand name or commercial product, even if Consultant is not publicly endorsing a product, as
long as the Consultant's presence in the advertisement can reasonably be interpreted as an endorsement of the
product by or on behalf of Public Agency. Notwithstanding the foregoing,Consultant may express its views on products
to other Consultants, the Public Agency's governing board, its officers,or others who may be authorized by the Public
Agency's governing board or by law to receive such views.
27. Project Personnel. In performing the services under this Agreement, Consultant shall use the personnel listed in
Appendix C, attached hereto and made a part hereof by this reference. Changes in project personnel may only be
made with Public Agency's written consent,and Consultant shall notify Public Agency in writing at least thirty(30)days
in advance of any proposed change. Any person proposed as a replacement shall possess training,experience and
credentials comparable to those of the person being replaced.
Attachments:Appendix A,Appendix B,and Appendix C
Form approved by County Counsei(3/00)
G:1GrpData%Cans'.1Cantra ets1CSA\2003\CSA-Summit-SanRamonCreekDrainageRepair.doc
Summit Associates.
2300 Clayton Road,Suite 1380. Phone: (925)363=5560
Concord;CA 94520 Fax: (925) 363-5511
APPENDIX B
COST PROPOSAL
for
Construction Management Services
Centra Costa County Public,Works Department
San Ramon Creek at Casa Vallecita Storm Drainage Repair
July 23, 2003
LABOR
Positlon Hourly Mate
Resident Engineer< $:125:00
Inspector $ 94.00
Inspector(OT) $141.00
Notes: 1. Hourly rates for personnel include inspection tools, personal safety equipment, cellular
phones; office space,and supplies:
2. Overtime contingent on the contractor's schedule.
3. All hours billed in conformance with California Labor Code.
Program & Construction Managers
Summit Associates
2300 Clayton Road, Suite 1380 Phone: (925)363-5560
Concord, CA 94520 Fax: (925)363-5511
APPENDIX C
STAFF PROPOSAL
for
Construction Management Services
Contra Costa County Public Works Department
San Ramon Creek at Casa Vallecita Storm Drainage Repair
July 23, 2003
Contract Manager-,. Ken Rice
Resident Engineer: Nick Panayotou
Inspectors. Michael Foerder
Peter Tzifas
Thomas Miller
Greg Haylock
George Schaeffer
David FitzGerald
Bret McGowan
Clayton Maher
David Poladian
Brian Rutkowski
Program & Construction Managers