HomeMy WebLinkAboutMINUTES - 07252006 - C.5 C' -
TO: BOARD OF SUPERVISORS �� s L' °� C6ntra
FROM: M.AURICE M. SHN, PUBLIC WORKS DIRECTORo; lui
Costa
DATE: July 25, 2006 - � County
S'4 C011i3
SUBJECT: APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with
Vali Cooper&Associates, Rodeo area, (District II)Project No. 0662-6R4215-02.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract in the amount of
$400,000 to Vali Cooper & Associates, to provide construction management services for the Parker Avenue
Reconstruction Project from the period of July 19, 2006 through April 30, 2008. Rodeo Area(50%Contra Costa
County Redevelopment Funds, 24% Rodeo Crockett Transportation Improvement Funds, 26% Loan to Public
Works from Redevelopment Funds) (District 11)Project No. 0662-6R4215-02.
FISCAL IMPACT:
There will be no impact on the County General Fund, and shall be paid for by 50%Contra Costa County
Redevelopment Funds,24%Rodeo Crockett Transportation Improvement Funds,26%Loan to Public Works from
Redevelopment.
Continued on Attachment: ® SIGNATU
RECOMMENDATION OF COUNTY ADMINISTRATOR /� ❑ RECOMMENDATION OF BOARD COMMITTEE
APPROVE ❑ OTHER `f
a-"SIGNATURE(S):
ACTION OF BON
APPROVED AS COMM D eOTHER ❑
I hereby certify that this is a true and correct copy of an action
taken and entered on the minutes of the Board of Supervisors on
VVOF SUPERVISORS the date shown.
V UNANIMOUS(ABSENT
AYES: NOES:
ABSENT: ABSTAIN: ATTESTED: � Aeoea
JOHN CULLEN, erk the Board of Supervisors and County
G:\Const\BO\2006\7-25-06 Parker Vali Cooper.doc Administrator
Orig.Div:Public Works( Division)
Contact: - By ,Deputy
cc: Auditor-Controller
E.Kuevor,CAO
County Counsel
Contractor
Surety
SUBJECT: APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with
Vali Cooper&Associates, Rodeo area, (District II) Project No. 0662-6R4215-02.
DATE: July 25, 2006
PAGE: 2 of 3
REASONS FOR.RECOMMENDATIONS AND BACKGROUND:
The contract for the Parker Avenue Reconstruction Project was awarded to Bay Cities Paving&Grading on June 20,
2006. Due to the size and magnitude of this project, the County has decided to hire a consulting firm to act as a
project manager to represent the County to oversee the construction of the project. The Public Works Department
looked into using their own staff,but determined that we currently do not have the resources to complete this task
due to retirements and staff departures.
The Public Works Department went through a consultant selection process. Over 40 consultant firms were solicited
to provide a statement of qualifications and proposal to provide construction management services for the Parker
project. From the responses four firms came in for an interview. From this, Public Works felt Vali Cooper &
Associates were most qualified to represent the County.
CONSEQUENCES OF NEGATIVE ACTION:
If the Consultant Services Agreement with Vali Cooper & Associates is not approved, it may not be possible to
complete inspections or construct the project.
CONSULTING SERVICES AGREEMENT
1. Special Conditions. These Special Conditions are incorporated below by reference.
(a) Public Agency: Contra Costa County Public Works Department
(b) Consultant's Name &Address: Vali Cooper and Associates, Inc.
41 Washington Avenue
Point Richmond, CA 94801
(c) Project Name, Number& Location: Parker Avenue Reconstruction, 0662-6R4215-02, Rodeo, CA
(d) Effective Date: July 25, 2006 (e) Payment Limit(s):400,000.00
(f) Completion Date(s): April 30, 2008.
2. Signatures. These signatures attest the parties'agreement hereto:
Recommended by Department CONSULTANT
By: Maurice M. Shiu
Public Works Director By:
(Desi ate o ' ' capacity in the business Type of Business:
(sole proprie rship, government agency, partnership, orporation, etc.)
If Corporation, S to of Incorporation: I . A
By:
� esipeife of cap city 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 )
AA ) ss.
County of )
On the date written below, before me, the undersigned Notary Public, personally appeared the person(s) signing above for
Consultant,personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)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:
Dated; 7 ? ' t--
Notary Public el
(Notary's Seal)
CoeNrtMlNoil+r filrlMl�
Ift
CYCo1ros.��,MIr,An;h.
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,for
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 five 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.
`
/4. 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. Noretention will bewithheld.
'
16. Termination b` 'Public A-Qency.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
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 reasonable value of 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.
18. Breach. |nthe event that Consultant fails b) perform any ofthe services described inthis Agreement nrotherwise
breaches this Agreement, Public Agency shall have the right tVpursue all remedies provided bylaw orequdxAnv
dh;puhaon�ahnghoUhepe�onnencaofthioAonaernent shaUnntbmaub|eothonon�u icia| arbbraUon. Any|�i-- i - ,
involving this Agreement or relating to the work shall be brought in Contra Costa County,and Consultant hereby waives
the removal provisions ofCode ofCivil Procedure Section 384. —
'
19. Compliance with Laws. In performing this Agreement, Consultant shall comply with all applicable laws, obabdea.
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 vvho|a o, in pad by Consultant, whether
voluntarily,by operation of law or otherwise; provided, however,that Consultant shall have the right tosub-contract that
portion of the services for which Consultant does not have the facilities to perform so long as Consultant notifies Public
Agency ofsuch subcontracting prior toexecution ofthis Agreement.Any other purported assignment,transfer orsub-
contracting nhaUbevoid.
21 exceeding$25,000 in cost shall contain all of the require d 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 andother items described
in Appendix A 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 topay any additional fee orroyalty for such materials orrecords.The license reserved byPublic AU
Agency
otherwise.
— '
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 Counsel(3/00)
G:\Const\Contracts\CSA\20051CSA-VC-Parker Avenue.doc
APPENDIX A
SCOPE OF SERVICES
PARKER AVENUE RECONSTRUCTION
CONSTRUCTION PHASE SERVICES
The Construction Phase services shall include providing administrative and management services during
the construction phase. This includes the management of project documentation, personnel equipment
and facilities. The services shall follow all,State and Federal procedures relating to Construction
Management. The service shall include the following:
• Meetings--Organize, attend and record construction phase meetings including the pre-construction
conference.
• Reports—Prepare reports that may be required during the construction phase. Prepare monthly
summary reports and deliver to the County.
• Public Awareness Program—Develop and implement a program to provide project status reports to
local residences, businesses and others that may be affected. Assist in the preparation of press
releases, official notices and a quarterly newsletter.
• Submittals—Establish, implement and coordinate system of submittal processing. Review submittals
for compliance with contract documents.
• Clarification Processing— Review and respond to requests for clarification of the contract documents.
Track all requests with the County.
• Change Order Initiation, Negotiation and Processing—Assist County to establish, implement and
coordinate systems for processing Contract Change Orders. Prepare independent statement of
probable construction costs of Contract Change Orders. Negotiate Contract Change Orders with the
Contractor. Assist County Staff in preparing Contract Change Order document for execution by
Contractor and County.
• Schedule Review and Updating— Review.Contractor's initial schedule submittal. Review schedules
weekly and provide written comments to Contractor and County. Maintain"as-built" schedule based
on the agreed upon baseline schedule.
• Progress Payment Preparation and Processing—Assist County in preparation of payment reports
based on Contractor's construction progress.
• Labor Compliance, Equal Employment Opportunity and Disadvantaged Business Requirements—
Monitor Contractor's efforts in Relation to Equal Employment Opportunity and labor compliance
requirements, including the review of Certified Payrolls. Discuss requirements with Contractor at pre-
construction conference.
• Inspection—Provide full inspection services and/or provide sufficient staff for the project.
• Photographs and Videos—Provide videotape and photographic documentation of the project site
prior to and during construction.
• Maintain Record Drawings—Maintain one set of contract documents with up to date information
regarding all addendums, substitutions, clarifications and change orders.
• Materials Testing Services—Schedule and manage County supplied materials testing services.
• Survey Services—Schedule and manage County supplied survey services.
• Utility and Permit Coordination—Review, coordinate and implement utility permit conditions and
requirements.
• Standards and Training— Provide required training and quality review of field personnel.
APPENDIX B
BILLING RATES
for
Construction Management Services
Contra Costa County Public Works Department
Parker Avenue Reconstruction
June 23, 2006
Resident Engineer: $130.00/hour
Construction Inspectors: $98.00/hour
Construction Inspectors (OT): $118.00/hour
Notes:
1. All rates include base pay,fringe benefits, actual audited overhead, fee and basic field equipment including vehicles,
cell phones, safety gear and hand tools..
2. All hours are billed in conformance to the California Labor Code and prevailing wage requirements.
3. Client will be billed only for hours worked.
Vali Cooper&Associates, Inc.
APPENDIX C
PROJECT PERSONNEL
for
PARKER AVENUE RECONSTRUCTION
Rany Chek Project Resident Engineer