HomeMy WebLinkAboutMINUTES - 12092003 - C1-C5 Ill/111 lfl l 111111111111111 l 1111 CIO �
ecording Requested By: IIII VIII I II IIII II
� CONTRA COSTA CoContra Costa County Public Works Dept. Recorder Office
Construction Division STEPHEN L, WEIR, Clerk-Recorder
255 Glacier Drive Da(;_ 2003_0597796,�00
Martinez, CA 94553 Wednesday, DEC 10, 2003 11:49:07
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WHEN RECORDED, RETURN TO PUBLIC 1 rc/R9l1-1
WORKS DEPARTMENT
BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA
In the Matter of Accepting and Giving ) RESOLUTION OF ACCEPTANCE
Notice of Completion of Contract for ) and NOTICE OF COMPLETION
Pomona Street Bike Lanes ) (C.C. § 3086, 3093)
And Sidewalk Phase I )
Project No. 0662-6R4268-03 ) RESOLUTION NO. 2003/ 741
The Board of Supervisors of Contra Costa County RESOLVES that:
The County of Contra Costa on August 6, 2003 contracted with Ghilotti Construction Company, Inc., to
construct a portion of Pomona Street from 3rd Avenue to Rolph Avenue located in the Crockett area,with
Safeco Insurance Company of America as surety,for work to be performed on the grounds of the County;
and
The Public Works Director reports that said work has been inspected and complies with the approved
plans, special provisions and standard specifications and recommends its acceptance as complete as of
November 20, 2003.
Therefore, said work is ACCEPTED as completed on said date, and the Clerk shall file with the County
Recorder a copy of this Resolution and Notice as a Notice of Completion for said contract.
PASSED BY THE BOARD on December 9, 2003 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER
NOES: NONE
ABSENT: NONE.
CERTIFICATION AND VERIFICATION
hereby certify that this is a true and correct copy of an
action taken and entered on the minutes of the Board of
Contact: Mike Carlson (925)313-2321 Supervisors on the date shown.
Orig. Dept.:Public Works(Const.)
Recording to be completed by COB
cc: Auditor ATTESTED: DECEMBER 09, 2003
Public Works- Accounting JOHN SWEETEN, Clerk of the Board of Supervisors and
- Construction, R. Bruno County Administrator
- Env.,C.Sellgren
.. - Traffic
Contractor
By - - ,Deputy
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G:\GrpData\Const\6012003WCCEPTANCE-BO-Pomona Street Bike Lanes.doc
RESOLUTION NO. 2003/ 741
l
TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: December 9, 2003
SUBJECT: Approve Contract Change Order No. 2 for the EI Sobrante Area Overlay Project , Project
No. 0662-6R4264-03, EI Sobrante area. (District 1)
Specific Request(s)or Recommendations)&Background&Justification
I. Recommended Action:
APPROVE Contract Change Order No. 2 in the approximate amount of$50,000 fora new payment
limit of$358,004, and AUTHORIZE the Public Works Director, or designee, to execute it effective
December 9, 2003 in order to compensate the contractor, MCK Services, Inc., for existing item
increases.
II. Financial Impact:
The project contingency funds are sufficient to cover the change order costs. The source of funds
are 100% Measure C Funds.
Continued on attachment: X yes SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
4/'APPROV OTHER
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SIGNATURE (S):
ACTION OF BOA N: DECEMBER 9 0 2003 APPROVED AS RECOMMENDED xx OTHER
VOTE OF SUPERVISORS
xx UNANIMOUS (ABSENT NONE) I hereby certify that this is a true and correct copy of an
AYES: NOES: action taken and entered on the minutes of the Board of
ABSENT: ABSTAIN: Supervisors on the date shown.
Contact: Mike Carlson,(925)313-2320 ATTESTED: DECEMBER 09, 2003
Orig.Div.: PW(Constr) JOHN SWEETEN, Clerk of the Board of Supervisors and
cc: County Administrator
Auditor-Controller County Administrator
Public Works
- Accounting
- Construction,R.Bruno By , Deputy
- Design
Contractor
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G:IGRPDATAICONST\BO\20031APPROVECHANG EORDERELSOBRANTEOVERLAY#2.DOC
0'0 2�
SUBJECT: Approval of Change Order No.2 for the EI Sobrante Area Overlay. Project No.0662-6R4264-03, EI Sobrante
area
DATE: DECEMBER 9, 2003
PAGE 2 OF 2
III. Reasons for Recommendations and Background:
Additional funding is needed to pay the contractor for the increased bid item quantities,The total of
contract Change Order No. 2 is greater than 10% of the original contract, thereby requiring board
approval. The increased bid item quantities were necessary to properly complete the project.
IV. Consequences of Negative Action:
The lack of approval would prevent successful completion of this contract and preclude payment to
the contractor for required work.
TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: December 9, 2003
SUBJECT: Approve Project Contingency Fund Increase and APPROVE and AUTHORIZE the Public
Works Director, or designee, to execute Contract Change Order No. 3 for the 3rd Street
Enhancement project, Project No. 0662-6R4320-03, Richmond area. (District 1)
Specific Request(s)or Recommendation(s)&Background&Justification
I. Recommended Action:
APPROVE 3rd Street Enhancement project contingency fund increase of$50,000 for a new total of
$99,204 effective December 9, 2003 and APPROVE and AUTHORIZE the Public Works Director,
or designee, to execute Contract Change Order No. 3 with Ghilotti Construction Company, Inc.,
effective December 9, 2003, in an amount not to exceed $54,000 to a new payment limit of
$591,241, for unforeseen extra work.
ll. Financial Impact:
The project contingency funds are currently insufficient to cover the increased cost. The increase in
contingency funds will be funded by 51% Redevelopment Agency,46% Metropolitan Transportation
Commission, and 3% Road Funds.
A"
Continued on attachment: X yes SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
�APPROV OTHER
1: 4
SIGNATURES
ACTION OF BOA N: DF.('F',NiRFR, nq. 2 3 APPROVED AS RECOMMENDED xx OTHER
VOTE OF SUPERVISORS I hereby certify that this is a true and correct copy of an
xx UNANIMOUS (ABSENT NONE) action taken and entered on the minutes of the Board of
AYES: NOES: Supervisors on the date shown.
ABSENT: ABSTAIN:
Contact: Mike Carlson,(925)313-2320 ATTESTED: DECEMBER 09, 2003
JOHN SWEETEN, Clerk of the Board of Supervisors and
Orig.Div.: PW(Constr) County Administrator
cc: County Administrator
Auditor-Controller
Public Works
- Accounting By , Deputy
- Construction,R.Bruno
- Design
Contractor
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G:\GRPDATA\CONST\BO\20031APPROVECONTINGENCY3RDSTREET.DOC
63
SUBJECT: Approval of contract contingency fund increase and Contract Change Order No. 3 for the 3d Street
Enhancement project. Project No. 0662-6R4320-03, Richmond area.
DATE: DECEMBER 9, 2003
PAGE: 2 OF 2
III. Reasons for Recommendations and Background:
Additional funding is needed to pay the contractor for additional work to the contract. The additional
work is required due to requests from the local fire district. The as-planned median curb and gutter
is a standard 8-inch vertical curb. The fire district is concerned abut their fire trucks not being able
to turn onto 3rd Street from both Chesley and Grove Street without hitting the median island due to
the turn radius of their trucks. Also, the fire district wants to be able to pass other fire equipment
that may be parked next to existing fire hydrants in the area of the median island. To facilitate the
needs of the fire district, the recently installed vertical curb will be removed and a mountable curb
will be installed. Approval of the addition to the project contingency fund is required to compensate
the Contractor for the additional work.
IV. Consequences of Negative Action:
The lack of approval would prevent successful completion of this contract and preclude payment to
the contractor for required work.
eo 91
TO: BOARD OF SUPERVISORS
FROM: MAURICE SHIU, PUBLIC WORKS DIRECTOR
DATE: December 9, 2003
SUBJECT: APPROVE and Authorize the Public Works Director, or designee to execute the
Consulting Services Agreement with Nolte Associates, Inc. to provide design
services for the State Route 4 Bypass Project, Segment 3. Brentwood Area,
(District III) Project Nos. 6X4472, 4482, 4492.
Specific Request(s) or Recommendation(s) & Background & Justification
I. RECOMMENDED ACTION:
1. APPROVE and Authorize the Public Works Director, or designee to execute the Consulting
Services Agreement with Nolte Associates, Inc. (Nolte) for $300,000 to provide design
services for the State Route 4 Bypass Project, Segment 3, for the period December 9,
2003 through April 1, 2004.
Continued on Attachment: X SIGNATURE:
✓�COMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
::�:�PROVE OTHER
SIGNATURE(S):
E ER 09
ACTION OF BO D N AP ED AS
RECOMMENDS xOTHER
VOTE OF SUPERVISORS
xx UNANIMOUS (ABSENT NONE )
AYES: NOES: I hereby certify that this is a true and correct
ABSENT: ABSTAIN: c0 of action
copy an taken and entered on the
GH:ga minutes of the Board of Supervisors on the
G:1GrpData\Design\BOARD 0RDERS120031NolteSR4BP.doc date shown.
Orig.Div: Public Works(Design Division)
Contact: Gary Huisingh(925-313-2257)
C: Public Works Accounting
Auditor-Controller ATTESTED: DECEMBER 9 2003
John Sweeten, Clerk of the Board of
Supervisors and County Administrator
By . ,
D uty
eo t
SUBJECT: APPROVE and Authorize the Public Works Director, or designee to execute the Consulting
Services Agreement with Nolte Associates, Inc. to provide design services for the State
Route 4 Bypass Project, Segment 3. Brentwood Area, (District III) Project Nos. 6X4472,
4482, 4492.
DATE: December 9, 2003
PAGE: 2
II. FISCAL IMPACT:
This agreement amount is included in the estimated cost for the Public Works Department to
complete the design of this project for$2.6 million. Project design costs are accounted for in the
budget of the State Route 4 Bypass Authority(Authority). The Authority is funding the design and
will be constructing the State Route 4 Bypass project. County staff has presented the design
budget to the Authority Board and there is no impact to the County's general fund.
III. REASONS FOR RECOMMENDATION/BACKGROUND:
Design Staff has currently brought the project to the 35% level and is proceeding to 100% design
completion. However, due to the compressed schedule, Nolte's staff under this agreement will
augment Public Works staff by providing specific expertise and help us to complete the project for
a timely submittal to the Authority. Once completed, the project will improve traffic circulation in
eastern Contra Costa County.
IV. CONSEQUENCES OF NEGATIVE ACTION:
If this agreement is not approved, it could delay completion of State Route 4 Bypass, Segment 3
design and the Authority could release Public Works from this project and hire a consultant to
complete the design.
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V
CONSULTING SERVICES AGREEMENT
1. Special Conditions. These Special Conditions are incorporated below by reference.
(a) Public Agency: Cold 4� C0STi� C�CV QT� �Q1�5 Q� � i
(b) Consultant's Name &Address: A-c-)S oc,I A-Ii - j T,.'�''C
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(c) Project Name, Numbe , & Location:
(d) Effective Date: J 2 g L,)3 (e) Payment Limit(s): $ foo, COO
(f) Completion Date(s): Vq
(g) Federal Taxpayers I.D. r Jocial Security Number:
2. Signatures. These signatures attest the parties' agreement hereto:
PUBLIC AGENCY QQNSULTANT
By: Maurice M. Shiu
Public Works Director/ By: o /1 �� v
Chief Engineer, or Designee (Designs a officia a achy in the business Type of Business:
(sole proprietor ip, overnment agency, partnership, corporation, etc.)
If Corporation St e of Incorporation: f `�.
B .
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Y y � �VA �ec.
(D 'gnate official capacityin the bust ess J
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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.
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( )to be the person(s)whose name(s)
mare subscribed to the within instrument and acknowledged to me thathe�80&/they executed the same in laic.-AhItheir authorized
capacity(ies), and that by 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: 14w
Notary Public
(N ota ry's S e a i) RICK GARCES
_ Commission#1338000
Notary Public-California
'IleSacramento County
MY cam.EzplSIC ec22,2005
` 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 bythis
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 n-o 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 $11V�111
and a maximum deductible of$KO,OW 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$ ,r�+�;��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, 0 , its/their governing bodies, officers and
employees as additional insureds.Consultant shall promptly furnishho 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. 4� 4JN_r1- - P-nlik-c q ro�5 A-A-t%oxk4nC S Er-��O R4_
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.
- R
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. Assi_ nment. 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.
24. Indemnification. Consultant shall indemnify,defend,save,protect,and hold harmless Public Agency,its governing body,
officers,employees, representatives,and agents("Indemnitees")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 Indemnitees for any expenditures,including
reasonable attorneys'fees and costs,the Indemnitees may make by reason of such matters and ,if requested by any of
the Indemnitees,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 Indemnitees 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 maybe 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 leastthirty(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 (Federal aid projects only). 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 (Federal aid projects only). Consultant shall comply with the following
provisions,which are incorporated into this Agreement by reference: (a)the cost principles for allowability 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 CircularA-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:1GrpData\Design\FORMS1Drawer#11Cons Sery Agrmt\CSA Form-over 25000.doc
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Appendix A
MODIFICATIONS TO SPECIAL CONDITIONS
13. Ownership of Documents: This special condition shall include the wording "Public
Agency recognizes and agrees that all technical data, evalutations, reports and other
work products .generated under this Agreement are p oducts of Consultant's services
and are not to be used in any other project unrelated to Segment 3 of the State Route 4
Bypass Project, unless such use has been approved by Consultant in writing."
15. Payment Retention: This special condition is deleted from the agreement and there
will be no payment retention.
24. Indemnification: This special condition shall include the wording "In the event that
Consultant is required to defend Indemnitees and, it is determined by a court of law that
the Liability or Liabilities resulted, in part, from the negligence or wrongful conduct of the
Public Agency or any other person ("Co-responsible Party""), Consultant shall have a
right to seek contribution to reasonable defense costs from the Co-responsible Part
an amount proportionate to that party's share of fault."
WORK PLAN FOR CONSULTANT SERVICES
Proposed scope divided into four work task groupings as follows:
1. Project Coordination and Supplemental Planning Efforts
2. Design and Reports
3. Meetings
4. Additional Services
Task 1 - Project Coordination and Supplemental Planning Efforts
• Review relevant documentation developed in the planning and environmental stages
for segments 3A, 3B and the East-west connector to gain in-depth understanding of
the project.
Coordinate full PS&E preparation according to schedule and Caltrans submittals
with County Staff and aid in preparation of bid package.
• Assist project manager in overall project schedule refinement by identifying
deliverables and their timeframes.
• Coordination with Bypass Authority Staff, outside agencies, other consultants,
special districts, utilities, developer's engineers and local residents as it relates to
Segments 3A, 3B and the east-west connector.
• Coordinate PS&E reviews with Caltrans.
• As requested, assist consultants that are updating environmental documents for the
project by furnishing, for example, supplemental design information, drawings, and
figures.
1
N
Appendix A (Page 2)
Task 2-- Design and Reports
• Participate in all aspects of the project design from its current stage to 100% PS&E.
• Prepare PS&E package includes monitoring design team members and performing
tasks as warranted.
• Coordinate plan and spec review by various consultants and other stakeholders for
conformance with their recommendations and expectations.
• Review and help prepare reports as requested for submittal to Caltrans, including
and'not limited to-project report revisions, drainage report, aesthetic report, storm
water data report.
• Modify work to reflect review comments by Caltrans and others
• Conduct any required field visits as required to support design effort and work with
survey staff in gathering field data.
• Help identify right-of-way needs by working with County Survey and Real Property
Staff.
• Aid in development of special provisions; engineer's estimate, and bid item list.
Task 3 - Meetings
Attend or conduct meetings and make presentations of project material to County staff,
Authority staff, Caltrans, and others as needed.
Task 4—Additional Services
This scope allows Nolte, at the request of the County, to provide additional services as
needed based on the rate schedule attached as Exhibit B. This includes any planning
activities mentioned in Task 1 as well as any other services required for timely
completion of this project's design.
G:\GrpData\Design\SR4BP\Segment-3\Correspondence\Consultants\ScopeNolte.doc
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NOLTE ASSOCIATES, Inc.
Northern California
2004 CHARGE.RATES SCHEDULE
OFFICE: TECHNICAL SERVICES
Engineering Aide/Planning Aide $ 55.00/hour
Project Assistant $ 76.00 /hour
Project Administrator $ 96.00 /hour
CADD Technician 1 $ 84.00 /hour
CADD Technician II $ 103.00 /hour
CADD Technician III $ 109.00 /hour
Senior CADD Technician/Designer $ 115.00 /hour
Design Supervisor $ 135.00 /hour
PROFESSIONAL
Junior. Engineer/Planner/Surveyor $ 96.00/hour
Assistant Engineer./Planner/Surveyor $ 112.00/hour
Associate Engineer/Planner/Surveyor $ 131.00/hour
Senior Engineer/Planner/Surveyor $ 14 1.00/hour
Manager $ 149.00/hour
Structural Engineer $ 16 8.00/hour
Associate $ 168.00 /hour
Principal $ 204.00 /hour
FIELD: CONSTRUCTION MANAGEMENT
Junior Field Engineer $ 88.00 /hour
Assistant Field Engineer $ 99.00 /hour
Associate Field Engineer $ 117.00/hour
Senior Field Engineer $ 137.00/hour
Construction Manager $ 149.00 /hour
SURVEYING
I-Person Survey Crew (GPS)(Robotic) $ 149.00 /hour
I-Person Survey Crew $ .115.00 /hour
2-Person Survey Crew $ 216.00/hour
3-Person Survey Crew $ 276.00 /hour
Senior Surveyor $ 141.00/hour
Survey Manager $ 149 00/hour
EXPENSES:
Plotting and In-house.Reproduction 1.15 x Cost
Subsistence 1.15 x Cost
Other Expenses-Including Sub-Consultants 1.15 x Cost
and Purchased Services through Subcontracts
Mileage- Outside local area $ 0.36/mile
Rates are effective through September 30, 2004. If contract assignment extends beyond that date, a new rate schedule
will he added to the contract.
Litigation support will-he billed at$250.00 per hour.
Rates based on "Prevailing Wage"for Construction Management and Surveying will be determined by Project and
County per California law.
Effective 10/1/03 W:1Charge Rates Schedules12004 Rates12004NorCal.doc
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Appendix C
1
PROJECT PERSONNEL
Name Category
Jaren, Laura Project Administrator
Colombini, Sandy Project Administrator
PIattru , Veronica Project Assistant
Netto, Raquel Project Assistant
Andrews, Brad CADD Tech I
I
Stoia, Dion CADD Tech III
I
Hayes, Keith CADD Tech III
Squires, Dean CARD Tech III
Takenaka, Tamami CADD Tech III
G
Rock, Brandon Junior Engineer
Morales, Ricardo Junior Engineer
Dreeszen, Greg Junior Engineer
Potukuchi, Sailaja Junior Engineer
McClain, Ryan Assistant Engineer
De La Torre, Josefina Assistant Engineer
4
Ofori, Samuel Assistant Engineer
Kenney, Simon 'Associate Engineer
Crawford, Renee Associate Engineer
Zamora, Charmaine Associate Engineer
Voong, Khin Associate Surveyor
Imai, Jayson Senior Engineer
Mehta, Parag Senior Engineer
Brown, Christina Senior Engineer
MacGregor, Fred Manager
Anderson, Rick Senior Surveyor
Anzia, Michael Manager
Haugse, Hank Manager
Raj, K.anda Manager
Sakakihara, Tracie Manager
Scroggs, Linda Manager
Shenoy, Ghandu Manager
Estes, Richard Associate
Presser, Trudy Associate
Aylsworth, Doug Associate
Otte, George Associate
Pugh, Michael Associate
Metzger, Chris Vice President/Pn'ncipal
Prepared 10/30/03
TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR
DATE: December 9, 2003
SUBJECT: State Route 4 East, Railroad Avenue to Loveridge Road, Pittsburg Area. District V.
SCH#200011207.
Project No.:4660-6X4287 Task: ACQ Account: 3540
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recon led Action;
A. APPROVE the Relocation Assistance Claim listed below:
C;'T 1AIMANT CLAIM DATE PAYEE AMOUNT
American Auto Business Moving 10/27/03 American Auto $395840.00
Body Expense Body
B. AUTHORIZE the Principal Real Property Agent to sign said claim form on behalf of the County.
C. AUTHORIZE the Auditor-Controller to issue a check in the amount of $39,840.00 payable to
American Auto Body, 3001 N. Park Blvd., Pittsburg, CA 94565 as a fixed payment in lieu of
moving and related expenses, to be forwarded to the Real Property Division for delivery.
11. Fiscal Imloart:
J&
Payment totaling $39,840.00 to be made from the State Route 4 East Widening Project,Railroad Avenue
to Loveridge Road, which is 100% reimbursable from Contra Costa Transportation Authority.
111. Reasons for Recommendations and Background;
American Auto Body was located in a building from which they were displaced because of the highway-
widening project. The payment is part of the relocation entitlement required by Government Code §
7260, et. Seq.
IV. Conse(luences of Negative Ac .ion
The County will not be in compliance w* State and Federal I
Continued on Attachment: SIGNATURE: ell
-4zRECOMMENDATION OF COUNTY ADMIN TOR
—RECOMMENDATION OF BOARD COMMI
_ PROVE OTHER
SIGNATURE(S):
ACTION OF BOA N _DECEMBER 09, 2003 APPROVED ASRECOMMENDEDXPXx OTHER
VOTE OF SUPEVSORS .1
Xx UNANIMOUS(ABSENT NONE I hereby certify that this is a true and correct
AYES: NOES: copy of an action taken and entered on the
ABSENT: ABSTAIN: minutes of the Board of Supervisors on the
:cs:eh date shown.
G:\GrpData\RealProp\2003-Files\BOs&RES\BOAmerAuto.doc
Div: Public Works{RCP) ATTESTED DECEMBER )9 2003
Contact: C.Sousa(313-2223) JOHN SWEETEN, Clerk of the Board of
cc: County Administrator Supervisors and County Administrator
Auditor-Controller(via R/P)
P.W.Accounting By Deputy
L.Dalziel,Adm. 'or V f