HomeMy WebLinkAboutMINUTES - 08052008 - C.4 � - =°�
TO: BOARD OF SUPERVISORS - �-_'�•.,, Contra
FROM: JULIA R. BUEREN PUBLIC WORKS DIRECTOR Costa
DATE: August 5, 2008 County
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SUBJECT: APPROVE and AUTHORIZE the Public Works Director, or designee,to execute a Consulting Services
Agreement with Nolte Associates, Inc. Brentwood area(District III) Project No.: 0662-6R4254.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
APPROVE and AUTHORIZE the Public Works Director,or designee,to execute a Consulting Services Agreement
with Nolte Associates, Inc., in the amount of $1,065,000 for civil engineering services on Vasco Road Safety
Improvements for the period of August 5,2008 through August 5,2013 or upon acceptance of the completed project
by the Board of Supervisors, whichever occurs first.
FISCAL IMPACT:
This contract amount of$1,065,000 is funded by Road Funds (100%). There is no impact to the general fund.
CONT UED ON ATTACHMENT: ❑x SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED �� OTHER
VOTE OF SUPERVISORS: 1 HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT
-Y// COPY OF AN ACTION TAKEN AND ENTERED ON
UNANIMOUS(ABSENT MINUTES OF THE BOARD OF SUPERVISORS ON THE
AYES: NOES: DATE SHOWN.
ABSENT: ABSTAIN:
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G:\Design\BOARD ORDERS\2008\BO 8-5-2008 Nolte Associates,Inc.doc ATTESTED dV
Originator Public Works(Design) o�
Contact: Bill Fernandez(313-2294) JOHN CULLTN,CLERK OF THE BOARD OF
SUPERVISORS
cc: P.Denison—Acct.
E.Kuevor—CAO
Auditor-Controller
BY: DEPUTY
1
SUBJECT: APPROVE and AUTHORIZE the Public Works Director,or designee,to execute a Consultant
Services Agreement with Nolte Associates, Inc. Brentwood area(District III) Project No.: 0662-
6R4254.
DATE: August 5, 2008
PAGE: 2 of 2
REASONS FOR RECOMMENDATIONS AND BACKGROUND:
This formal contract is to allow Nolte to continue work on the Vasco Road Safety Project which was previously
authorized on an on call contract. The amount reflects budgeted funds remaining in the on call contract augmented
by approximately$551,000 for additional geotechnical,structural and C.3(storm water compliance),bid support and
construction support to complete the work in progress.
CONSEQUENCES OF NEGATIVE ACTION:
If this contract is not approved, the design and construction of this project will be delayed.
CONSULTING SERVICES AGREEMENT
1. .jecial Conditions. These Special Conditions are incorporated below by reference.
(a) Public Agency: Contra Costa Countv for its Public Works Department (hereafter"County")
(b) Consultant's Name &Address: Nolte Associates Inc. (hereafter"Nolte")
201 N. Civic Drive Suite 255
Walnut Creek, CA 94596
(c) Project Name, Number, & Location: Vasco Road Safety Project— Phase 1 0662-6R4254
(d) Effective Date:
(e) Payment Limit(s): $1, 065, 000
(f) Completion Date(s): Upon Board Acceptance of the completed project or on 9/30/09,whichever occurs
first.
(g) Federal Taxpayer's I.D. or Social Security Number: 94-2706173 FORM APPROVED
2. Signatures. These signatures attest the parties' agreement hereto:
SILVANO B. MA HESI Co ty Counsel
By Deputy
PUBLIC AGENCY NSULTA olt Associat Inc.
By: Julia R. Bueren
Public Works Director/ By: (�
Chief Engineer, or Designee (Designat ficial cap city in usiness Type of Business:
(sole pro r� torship, govern en agency, partnership, corporation, etc.)
If Corpo do tate of I rp ration:
By: U !'
(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 )
ss. 1
County of )
On before me, per n I eared who
proved to me on the basis of satisfactory evidence to be the r whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they ex same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the per r the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
Dated:
Notary Public
(Notary's Seal)
ALL PURPOSE ACKNOWLEDGMENT
State of CALIFORNIA )
ss.
County of SACRAMENTO )
On July 14, 2008 before me, Tami L. Crawford,Notary Public,personally appeared
Lester D Clark,
Who proved to me on the basis of satifactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in
his authorized capacity, and that by his signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing Paragraph is true and correct.
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Cal"Mom,r 7n�u
WITNESS ial seal
= MrOawn�pMNh1�N►>N1!
Signature of Notary Public (Seal of Notary)
OPTIONAL
The information contained below is not required by law, however it may be a valuable resource to persons
relying on the attached document and it may prevent fraudulent use of this form.
Description of Attached Document:
Title or Type of Document: Consulting Service Agreement—from Contra Costa
County—Vasco Road Safety Project
Date of Document: July 14, 2008 Number of Pages: 1
Signer(s) Other Than Named Above: None
l..7",^l r 'I -' lJ T:
ALL PURPOSE ACKNOWLEDGMENT
State of CALIFORNIA )
ss.
County of SACRAMENTO )
On July 14, 2008 before me,Tami L. Crawford,Notary Public,personally appeared
John A Dallen Jr,
Who proved to me on the basis of satifactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in
his authorized capacity, and that by his signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing Paragraph is true and correct.
MI t.
COIOII WOO• 17► UM
WITNESS my hand and seal Cowoma
M►Oaaw►�1wMs1�►1b1Z
ature of Notary PShc (Sea]of Notary)
OPTIONAL
The information contained below is not required by law, however it may be a valuable resource to persons
relying on the attached document and it may prevent fraudulent use of this form.
Description of Attached Document:
Title or Type of Document: Consulting Service Agreement—from Contra Costa
County—Vasco Road Safety Project
Date of Document: July 14, 2008 Number of Pages: 1
Signer(s) Other Than Named Above: None
r'
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.
& 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
$2,000,000 and a maximum deductible of $200,000; and (c) Comprehensive 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$500,000 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. The Consultant shall be allowed to update Appendix B to rates not exceeding
15% of previous rates on an annual basis with no change to the contract payment limit. 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.
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, Public Agency shall retain ten percent(10%)of the monies due the Consultant as security for the
fulfillment of this Agreement.After the Consultant has completed all work under this Agreement, submitted final billing,
and the Public Agency has found the work to be accurate, the Public Agency will pay all withheld funds. Public Agency
will pay withheld funds in accordance with the requirements of Civil Code Section 3320 as applicable. A retention will
not be withheld for any "on-call"work.
16. Termination by Public Agency.At its option, Public Agency shall have the right to terminate this Agreement at any time
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 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. 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 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.
' M r
24 Indemnification. Consultant shall indemnify, defend, save, protect, and hold harmless Public Agency, its governing
body, officers, employees, representatives, and agents("Indemnities")from any and all demands, losses,claims, costs,
suits, liabilities, and expenses for any damage, injury, or death (collectively"Liability") arising directly or indirectly from
or connected with the services provided hereunder which is caused, or claimed or alleged to be caused, in whole or in
part, by the negligence or willful misconduct of Consultant, its officers, employees,agents, contractors,subconsultants,
or any persons under its direction or control and shall make good to and reimburse Indemnities for any expenditures,
including reasonable attorneys'fees and costs, the Indemnities may make by reason of such matters and,if requested
by any of the Indemnities, shall defend any such suits at the sole cost and expense of Consultant. Consultant's
obligations under this section shall exist regardless of concurrent negligence or willful misconduct on the part of the
Public Agency or any other person', provided, however, that Consultant shall not be required to indemnify Indemnities
for the proportion of liability a court determines is attributable to the negligence or willful misconduct of the Public
Agency, its governing body, officers, or employees. This indemnification clause shall survive the termination or
expiration of this Agreement.
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.
28. Disadvantaged Business Enterprise (DBE) Requirements. Consultant shall comply with all applicable provisions of
49 CFR, Parts 23 and 26, and the County's Disadvantaged Business Enterprise (DBE) Program, which are
incorporated into this Agreement by reference. In addition, in performing services under this Agreement,
Consultant shall utilize all DBEs listed in Consultant's written response to the Public Agency's request for
qualifications or request for proposal and shall pay to the listed DBEs the estimated amounts listed in Appendix B
attached to this Agreement. The Consultant shall not substitute a listed DBE at any time or decrease the amount
to be paid to a listed DBE without the advance, written consent of the Public Agency. If a listed DBE is proposed
to be replaced, Consultant shall make a good faith effort to replace the original DBE with another DBE and shall
submit to Public Agency written documentation of such effort.
29. Federal Cost Principles and Procedures. Consultant shall comply with the following provisions,which are incorporated
into this Agreement by reference: (a)the cost principles for allow ability of individual items of costs set forth in 48 CFR,
Chapter 1, Part 31: (b) the administrative procedures set forth in 49 CFR, Part 18; and (c) the administrative
procedures for non-profit organizations set forth in OMB Circular A-110, if applicable to Consultant. In the event that
payment is made to Consultant for any costs that are determined by subsequent audit to be unallowable under 48
CFR, Chapter 1, Part 31, Consultant shall refund the payment to Public Agency within 30 days of written request from
Public Agency. Should Consultant fail to do so, and should the Public Agency file legal action to recover the refund,
Consultant shall reimburse the Public Agency for all attorney's fees, costs, and other expenses incurred by Public
Agency in connection with such action.
Attachments:Appendix A,Appendix B,Appendix C
Form approved by County Counsel(11/00),
G:\Design\Correspondence\CURRENT PROJECTS\Vasco Road Safety Improvements-Phase I\Consultants\Nolte\Nolte Associates CSA Form-over 25000.doc