HomeMy WebLinkAboutMINUTES - 01102006 - C.39 i
5----L Contra
TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa
DATE: January 10, 2006I �•'o:,,•,J``_ •cyoa
srA �oUn P` County
SUBJECT: APPROVE and AUTHORIZE,the Public Works Director,or designee,to execute a contract with Whitley
Burchett& Associates Inc., Port Costa area. (Annual Assessment Funds)(District II)Project No. 7380-
6X9E49
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
APPROVE and AUTHORIZE the Public Works Director,or designee,to execute a contract with Whitley Burchett
&Associates Inc., in the amount of$60,000 to provide design services for the Contra Costa Sanitation District#5
Treatment Facility Upgrades, for the period January 10, 2006, through completion of the project, Port Costa area.
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CONTINUED ON ATTACHMENT: 0 SIGNATURE-& —
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(s):
ACTION OF BOAV (J
ON "(ICA," IO 9019)b APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT
\/ COPY OF AN ACTION TAKEN AND ENTERED ON
/( UNANIMOUS(ABSENT 0 i ) MINUTES OF THE BOARD OF SUPERVISORS ON THE
714— AYES: NOES: I DATE SHOWN.
ABSENT: ABSTAIN: i
Contact:
:\
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GGr �Q/j� �O
:\GpData\Design\BOARD ORDERS\2006\1-10-05 BO.doc ATTESTED l0
Orig.Div:Public Works(Design) JOHN SWEETEN,CLERYOF THE BOARD OF
Contact:Carl Roner(925)313.2213 SUPERVISORS
cc: County Administration
County Counsel
Assessor BY: DEPUTY DEPUTY
1
,SUBJECT: APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with
Whitley Burchett&Associates Inc.,Port Costa area.(Annual Assessment Funds)(District II)Project
7380-6X9E49
DATE: January 10, 2006
PAGE: 2 of 2
FISCAL IMPACT:
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There is no impact to the County General Fund. This project is covered 100% by Annual Assessment Funds.
REASONS FOR RECOMMENDATIONS AND BACKGROUND:
The existing facility was built in 1982 and is in need of upgrades. The Regional Water Quality Control Board has
mandated that these upgrades be complete'by November, 2007.
After a solicitation process, this firm was selected as the top candidate to prepare the upgrade construction plans,
specifications and estimate.
CONSEQUENCES OF NEGATIVE ACTION:
If the contract isnot approved,the project Ly not be completed within the deadline imposed by the Regional Water
Quality Control Board resulting in fines.
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(n
`" r CONSULTING SERVICES AGREEMENT
1. Special Conditions. These Special Conditions are Incorporated below by reference.
(a) Public Agency. Con l ra Costa County Public Works Department
(b) Consultant's Name &Address: Whitley Burchett &Associates
1777 Oakland Boulevard,Suite 200
Wei'nut Creek,California 94596
(c) Project Name,Number,&Location: Contra Costa Sanitation District#5(SDS),Port Costa,Treatment Facility Upgrades,
7380-6X9E49
(d) Effective Date: January 10, 2006
(e) Payment Limit(s): Phase I: Preliminary Engineering $12,300
Phase Ii: Prepare Detailed PS&E for Bidding $38,000
Phase ill: Services During Bidding and Construction $9.700
TOTAL: $60,000
(f) Completion Date(s): Upon Acceptance' of the completed treatment plant upgrades by the Contra Costa County
Board of Supervisors
(g) Federal Taxpayer's I.D. or Social Security Number: 68-0047922
2. Signatures. These signatures attest the parties'agreement hereto:
PUBLIC AGENCY CONSULTANT
By: Maurice M. Shiu
Public Works Director/ By
Chief Engineer, or Designee (Designate official capacity in the b mess Type of Business:
(sole proprietorship, government agency, partnership, corporation,etc.)
p^ If Corporation, State of Incorporation:
By: By: � Y, S a 44
-� (Designate offiqjA capacity in the bu iness)
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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.
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CERTIFICATE OF ACKNOWLEDGMENT
State of California )
ss.
County ofC`disr )
��916+ri aAa
On /2-/L/-O<' before me,A/7A (here insert name and title of the officer),personally appeared
personally known to me(or proved to me on the basis of satisfactory evidence)to be the 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: /Z 'l`/ & 5- �
Notary Public
ANNA'A.ADDARIO
(Notary's Seal) COMK#f544238
® NOTARY PUBM-CAUFORNU U)
Sao'JOB C y r
Mt Comm.UPh�4,Hog�
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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 Ito state law; (b) Professional Liability Insurance with minimum coverage of
$2,000,000 and a maximum deductible of$250,000; and (c) Comprehensive General Liability Insurance, including
blanket contractual(or contractual liabillty)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 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.
S. 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.
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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 toI monitor the performance of this Agreement.
13. Ownership of Documenfs, 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.IIn 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 Agencylshall 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 herebywaives
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,
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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 i hall 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 may be authorized by
the Public Agency's governing boaid or by law to receive such views.
27. Prolect Personnel. In performing the services under this Agreement, Consultant shall use the personnel listed in
Appendix C, attached hereto and made apart 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 ofjthe 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 falth 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 Pro Idures (Federal aid proiects 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 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:\GrpData\Design\Correspondence\SD#5 Treatment Upgrades\CSAICSA Form-over 25000.doc
APPENDIX A
SCOPE OF WORK
Sanitation District#5 Port Costa Treatment Facility Upgrades
This Agreement between CI ntra Costa County Public Works (COUNTY) and Whitley
Burchett & Associates (CONSULTANT) is consummated for the purpose of preparing
plans, specifications, and estimates (PS&E) for the purpose of upgrading the Sanitation
District No. 5 treatment system located in Port Costa, in western Contra Costa County.
Work to be performed by the CONSULTANT for this Agreement in general shall include,
but not be limited to:
1. Develop and prepare detailed plans, specifications, and cost estimates for
the following upgrades/repairs to the Port Costa Treatment System:
® Removal and replacement of sludge impacted sand in Filter Beds Nos.
1,2,3 and 4,fas needed.
• Repair of Filter Bed No. 4 to eliminate leakage of wastewater.
® Replacement of the plastic liner in Filter Bed No. 2.
m Installation of a standby generator and switch gear for emergency
backup power to the treatment system. Generator shall have a day
tank to provide adequate fuel for the anticipated power outage and
shall have a weatherproof housing for outdoor installation. Size of
generator and volume of day tank to be determined by the
CONSULTANT.
® Installation of an auto-dialer alarm system customarily used for
treatment system equipment alarms and detection of possible intrusion
into the facility (perimeter alarm).
e Installation of new chemical feed equipment, (including system controls
and primarysand backup chemical metering pumps)for the effluent
disinfection system.
• Repair of siphons on the wastewater dosing structure.
o Replacement of chemical feed piping for the No. 3 and No. 4
disinfection pumps.
® Construction)of a temporary railroad crossing structure (the County to
provide details and survey information).
2. Prepare additions to the current Operations and Maintenance Manual
(O&M Manual)for the equipment which will be replaced/upgraded.
3. Assist the Counfy project manager regarding the acquisition of a railroad
crossing easement from the Union Pacific Railroad (UPRR).
4. Provide technical support during project bidding and construction
The Consultant's work shall be divided into three phases. The work shall include, but is
not limited to:
PHASE
1) Analysis of available information. This will include the following:
® A debriefing with the current consultant to the Contra Costa County
Special Districts(Section.
1 of 4 December 12,2005
Appendix A-- Consultant Services Agreement
• Discussion of operations with the facility's current contract operators.
c Obtain representative samples of the sand from each of the beds in the in
the filter system to determine if sand replacement is required.
2) Preparation and submittal to the COUNTY Project Manager of a Preliminary
Design Report providing the detailed design criteria for unit processes and
system components. The report shall include the following:
o The recommenIded sizing for the generator and associated electrical
systems f
® Recommendations for the alarm and auto-dialer system.
® A preliminary list of drawings and technical specifications
® A construction)estimate
3) Address any comments or questions by the COUNTY on the Preliminary
Design Report.
PHASE II
Upon written approval of summary report, the CONSULTANT will prepare
construction plans, estimates and technical specifications, This effort shall include
65% and 90% plans, specifications, and engineer's estimates submitted to the
COUNTY Project Managl r for review and comment before the final 100% submittal.
Plan submittals shall be prepared with County borders and shall follow Caltrans
format. The special provisions submittal shall be limited to Sections 8 — 10, which
deal with materials and items of work. The County will prepare other sections of the
special provisions with input from the CONSULTANT as required.
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The CONSULTANT shall prepare plans and details for the UPRR crossing for
easement purposes. The COUNTY will provide surveying support for the
CONSULTANT. It is anticipated that the UPRR easement will require 1-2 sheets of
plans and details.
PHASE III
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Upon request by the COUNTY, the CONSULTANT shall provide as needed design
support services during bidding and construction. This work may include the
following:
1) Shop drawing reviews
2) Preparation of Addenda during the bidding process
3) Review of contractor bids
4) Confirmation of contractor references
5) Attendance at the Ipreconstruction meeting
6) Assistance with change orders during the construction process
7) One site visit to assure conformance with the general intent of the
construction documents and,as requested to help resolve field conflicts.
The CONSULTANT shall prepare revision pages for the current Operations and
Maintenance (O&M) Manual to reflect the facility upgrades. A draft of the O&M
Manual shall be submitted with the 100% PS&E submittals to the COUNTY Project
Manager.
2 of 4 December 12,2005
Appendix A-- Consultant Services Agreement
PHASE III (continued)
Upon request by the COUNTY, the CONSULTANT shall, upon completion of
construction, using the field inspector's plan set of drawings, prepare a set of Record
Drawings on electronic media in Microstation or AutoCAD version 2000 or higher
format and submit them to the COUNTY Project Manager. The CONSULTANT shall
also submit a hard copy of the plans with the electronic submittal.
CONSULTANT has total responsibility for the accuracy and completeness of the plans
and related designs, specifications, and estimates prepared for each task. Reviews by
the COUNTY may not incl l de detailed review or checking of the design of major
components and related details or the accuracy with which_such designs are depicted
on the plans. Reviews by the COUNTY of the PS&E or any other pertinent information
shall not relieve the CONSU LI TANT of the responsibility for accuracy and completeness
of such documents.
The CONSULTANT or its subconsultants shall not incorporate in the design any
materials or equipment of single or sole source origin without written approval of the
COUNTY,
The signature sheet for the specifications and each sheet of the plans shall bear the
professional seal, certificate Inumber, registration classification, expiration date of the
certificate, and signature of the professional engineer responsible for its preparation.
The work furnished by CONSULTANT under this Agreement shall be prepared in
accordance with the latest COUNTY state, local, and Federal regulations, policies,
procedures, manuals and standards, and shall be made available to COUNTY for
review and approval at stages to be determined by the COUNTY, and upon request.
To ensure understanding of contract objectives, project progress summaries shall be
submitted monthly to the COUNTY Project Manager. These summaries are in addition
to the formal reviews which shall occur at the 65%, 90% and 100% completion phases
of the PS&E.
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SUBMITTALS (Phase II)
1. 65% PS&E
The 65% submittal shall consist of six sets of 11"x17" prints consisting
of 100% designed and detailed plans which are ready for the
independent) design check, six copies of preliminary technical
specifications, and two copies of proposed bid item list.
2. 90% PS&E
The Consultant shall submit six sets of prints of 24" x 36" (full size)
design plans, six hard' copies (five bound, one unbound) of the draft
special provisions, and,three copies of the cost estimates.
3. 100% PS&E
3 of 4 December 12,2005
Appendix A--Consultant Services Agreement
The CONSULTANT shall deliver upon request from the COUNTY Project
Manager the following documents.
1 set of original tracings of final design plans with cover sheet stamped
and signed by the project engineer, both 11" x 17" (279mm X 457mm}
and 24" x 36" (609mm'X 914mm} sizes,
m 6 sets of pri i is of final design plans
® 3 hard copies of the Special Provisions (single side copies, unbound)
a 1 copy of the edited Special Provisions on a microcomputer disk
(Microsoft Word in Caltrans format)
m 3 copies of final cost estimate and checked quantity calculations.
® Resident Engineer's File (Contra Costa County memo format)
WORK TO BE PERFORMEDI OR PROVIDED BY THE COUNTY:
1. Prepare right ofway plans
2. Preparation and execution of all utility agreements, including UPRR
crossing easement
3. California Environmental Quality Act (CEQA) documentation
4. Preparation of specifications (Special Provisions) for sections 1 through 7
(all sections other than treatment system related items)
5. Advertising and laward process for construction contracts
6. Agreements with other agencies or entities, as needed
7. Construction contract execution
8. Resolution of all construction claims, as needed
9. Provide CADD; borders and standard details to be utilized by the
CONSULTANT„
CONTINGENT FEE
The CONSULTANT warrants', by execution of this contract, that no person or selling
agency has been employed) or retained to solicit or secure this contract upon an
agreement or understanding f for a commission, percentage, brokerage, or contingent
fee, excepting bona fide employees or bona fide established commercial or selling
agencies maintained by the CONSULTANT for the purpose of securing business. For
breach of violation of this warranty, the COUNTY has the right to annul this contract
without liability, pay only for the value of the work actually performed, or in its discretion,
to deduct from the contract price or consideration, or otherwise recover the full amount
of such commission, percentaige or contingent fee,
CR:CS:
G:1GrpDataY)esignlCorrespondencelSD#5 Treatment Upgrades\CSMAPPENDIX A—SD5—Scope of Work.doc
4 of 4 December 12,2005
Appendix A--Consultant Services Agreement
Appendix B
CIfient: Contra Costa County SPAS
Project: Port Costa Wastewater Rehabititation
Fee Summary By Phase and Firm
Firm
Phase I V48A IWRMS Mark Up ODC TOTAL
T801 pfor tnwy Deign $ 5,955 E 5,600 S 560 $ 12,115
Teak 2 P opm Detaitad Drawings k Spacifiwkns for Bidding $ 19,850 $ 15,680 $ 1,568 $ 465 $ 37,563
Tadd SOMM During Smog end Cor Wue9on j $ 5,930 $ 3,360 $ 336 $ 9,628
TOTAL $ 31,735 S 24.6401$ 2,464 $ 465 $ 59,300
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Appendix B
client: Contra Costa County SD#5
Project: Port Costa Wastewater Rehabilitation
Estimated Engineering Services Breakdown for Scope of Services
UMWW rveaoos BJing Rale.
Zoe Z 175AD S 175A0 S 130A0
NQ
Person Donavan Danny Yang Nancy
Ads PM&Design QMr Engr&CAD
Ergnew
Scopeof Services ( labor Hr -- — — -
Project: Port Costa Wastewater Rehabilitation Subtotals -- — —
Task 1 Preliminary DmIgn — — — —• --
1.1 Review avalkdllo krIMM M 1 4 2 2
1.2 Con end Analyza Faler Sand 1 3 1
1.3 Dwolop Sadrgrowid CAD tirawkige 16
1.4 Develop Design Criteria 4 4
Ls Praikninary Dadgn Report 10 t 1 a
I Task 1 Subtotal Hra 42 10 1 31 0
Subtotal$ $ 5,955 — $ 1,750 $ 175 S 4090 $
Task 2 Prean Detailed Drawings&dons for 81"ng — -- —
2A
--- --
2.1 Develop Saudurai P,8&E for Filter Sass Sss&og 26 16 2 a
2.2 WMV k1whoolod P,6&E for Diskdection Sydam f 0 16
2.3 Devabp M=bar"P.6&E for Mme.Mods 4 16
2A Submit 85%gwiaa OacurneMa 2 16
2S 06tab Rs5row(loss DdsRe 1 4 8
2.6 Submit %Revfaw doerarrams 4 8
2.7 t00%subel tai I 20 102 s
Task 2 Sublotal Hre 134 50 4 0o 0
Wiltotel$ 6 19,850 — $ 8,750 11 700 $ 10,400 $
Task 3 San4ces During Bbdiag ane Cww"clion — — --
3.1 Conduct ho-bid meatirV wb interested CoMrectors 4 4
3.2 Raspdnd(d Oki 6uadtana,issue 2 Addenda a 4 4
3.3 Awadi PwConstrlssimr Msaft 1 8 4 4
3.4 Careoudion Mepedw I a 4 4
8.6 Operations and th*dvisms Manuel Modifications 8 4 4
3.6 Pro)sd Closeout&tbcord Drawk$1s 2 2
I 1 0
I Took 3 Subtofd tk s 1 38 1 22 1 0 1 10 0
Subtotal$ 1 $ Sim 1 — $ 8.850 $ $ 2,080 $
Proiect.Budnet Summary Cost,$ Labor Hr comment
Labor Total(All Tasks) $31,735 214
Other Direct Costs $265 -- Reproduction Allowance
Subtotal $ 32,000 =
Engineering Services Total(rounded up to$1000) $ 32,000
e
Client: whtdoy Surchett&Assoclatas
--— Project: Port Costa wastewater Rehabilitation
Dale: 12/612005
Electrical Engineering Estimate
Drafter/CAD Hon-Tech
Task Item Descriptio! Sr.Engr neer O for Staff
LC: 1450 1440 1210 1130
Rate: $ 140.00 $ 125.00 $ 70.00 $ 50.00
1
Preliminary Dealgn Hours
1.1 Review exisUng dowanentatio'n 4 4
1.2 Site vises I 4 4
1.3 Conceptual Design I 24 201 4
1.4 Develop Design Criteria I 6 6
1.5 Prelim.Design Report i 4 4
1.6 I 0
I 0
Task 1 1 Subtotal Hrs 42 38 0 4 0
Subtotal i $ 5,600 $ 5,320 $ - $ 280 $
2 Detailed Design
2.1 Develop Singlellne&schematic diagrams 12 8 4
2.2 Power,Lthfing R Grounding Plan 12 4 8
2.3 Power Lighting&Grounding mils 12 4 8
2.4 Panel Layouts 1 12 4 8
2.5 Calculations I 4 4
2.6 Electrical Specifications i 16 i8
2.7 Instrumentation Block Diagram 8 41 4
2.8 Control Descriptions I i6 16
2.9 Instrument/I/O List 8 8
2.10 Instrumentation S t6cations 28 28
D
Task 2 Subtotal Hrs 128 96 0 32 0
Subtotal= $ 16,680 $ 13,440 $ - $ 2,240 $
I
3 Bid&Construction Period Services
3.1 Pre-Bk1 Mee 4
3.2 Bid questions&addenda I 4
3.3 Pre-Construction Meeting 4
3.4 Site Visits during Construction) 8
3.5 Record Drawings I - 2 4
I
Task 3 1 Subtotal Hral 261 221 0 4 0
i Subtotal$ $ 3360 $ 3,080 $ $ 280 $
Cost,$
Labor Coats $ 24,640
Other Direct Costs $ 200 Reproduction&travel
Engineering Services Total $ 24,840
f
®® W H I T L E Y BURCHETT & A s s o c i a t e s
Whitley Burchett & Associates
Year 2006 Schedule Of Fees
Services described herein shall be provided on a time-and-materials basis unless other methods
of compensation are identified for specific task authorizations. The following rates shall be in
effect through December 31, 2006,at which time they will be subject to change.
Normal Rate
For Employees
Labor Category $/Hour
Partner $ 196.00
Managing Engineer $ 185.00
Emeritus Engineer $ 175.00
Supervising EI gineer $ 175.00
Principal Engineer $ 165.00
Senior Engineer $ 155.00
Engineer $ 130.00
Associate Engineer $ 118.00
Senior Construction Inspector $ 115.00
Assistant Engineer $ 95.00
Construction Inspector $ 95.00
Senior CADDi Operator $ 85.00
CARD Operator $ 78.00
Clerical $ 78.00
Paraprofessional $ 72.00
Other Direct Costs:
Direct costs,such as transportation within the Bay Area,normal reproduction,computer equipment,
postage,telephone,etc.,are inclulded in the rate schedule.
Extraordinary direct costs,such as printing,delivery and overnight mail services,will be billed at cost.
Transportation for distances greater than 50 miles from our offices will be billed at 48.50 per mile.
Subconsultants will be billed at cost plus ten percent.
Civil/Environ mental Engineers
1777 Oakland Blvd Suite 200 Walnut Creek California 94596
tet: 925.94506850 fax: 925.945.7415
APPENDIX C
PROJECT PERSONNEL
Sanitation District#5 PortCosta Treatment Facility Upgrades
I
Name I Position
Mike Donovan I Project Manager and Design Engineer
Danny Yang I Quality Assurance/Quality Control
Nancy Ku I Engineering and CAD
WRMS subconsultant I Electrical and Instrumentation Design
J
I
G:\GrpData\Design\Correspondence\SD#5 Treatment Upgrades\CSA\APPENDIX C.doc
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: Whitley Burchett&Associates
1777 Oakland Boulevard,Suite 200
Walnut Creek,California 94596
(c) Project Name,Number,&Location: Contra Costa Sanitation District#5(SD5),Port Costa,Treatment Facility Upgrades,
7380-BX9E49
(d) Effective Date: January 10, 2006
(e) Payment Limit(s): Phase I: Preliminary Engineering $12,300
Phase II: Prepare Detailed PS&E for Bidding $38,000
Phase III: Services During Bidding and Construction $9,700
TOTAL: 1 $60,000
(f) Completion Date(s): Upon Acceptance of the completed treatment plant upgrades by the Contra Costa County
Board of Supervisors
(g) Federal Taxpayer's I.D. or Social Security Number: 68.0047922
2. Signatures. These signatures attest the partles'agreement hereto:
PUBLIC AGENCY CONSULTANT
By: Maurice M. Shiu
Public Works Director/ By
Chief Engineer, or Designee (Designate official capacity in the b mess Type of Business:
(sole proprietorship,government agency, partnership, corporation,etc.)
If Corporation, State of Incorporation:
By: By: T , S /,
(Designate officjA capacity in the bu iness)
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 �i,�,i�� L`�sr 4— )
On/2-/'/-O< before me, 4�y
�i'll7w (here insert name and title of the officer),personally appeared %���s6• //Crre�<
personally known to me(or proved to me ori 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: /Z -/%
Notary Public
's Seal ANNA A.ADDARIO
(Notary's ) Com.11544239
(� NOTARY PUBUC-CREORNN N
Sen Joapum
1Ay comm 14,200
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 heroin, 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 pursuant1to state law; (b) Professional Liability Insurance with minimum coverage of
$2,000,000 and a maximum deductible of$250,000; 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 oto any person,and damage to property, including the loss of use thereof,arising
out of each accident or occurrence, and naming Public Agency, its 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 indepefndent 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.Excl pt 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.IIn 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 itl 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, I
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 Califomia 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 priortto execution of this Agreement.Any other purported assignment,transfer or sub-
contracting shall be void. II
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 i i demnify, 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 servicesl 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 reasonablelattorneys'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 liabilitya court determines is attributable to the negligence or willful misconduct of the
Public Agency,its governing body,�fficers,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 i hall 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 boaid or by law to receive such views.
27. Proiect 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 ofIthe 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 irito 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 Procl dures (Federal aid proiects 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 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 PubliclAgency. 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)11
G:\GrpData\Design\Correspondence\SD#5 Treatment Upgrades\CSA\CSA Form-over 25000.doc
11
APPENDIX A
SCOPE OF WORK
Sanitation District#5 Port Costa Treatment Facility Upgrades
This Agreement between Contra Costa County Public Works (COUNTY) and Whitley
Burchett & Associates (CONSULTANT) is consummated for the purpose of preparing
plans, specifications, and estimates (PS&E) for the purpose of upgrading the Sanitation
District No. 5 treatment system located in Port Costa, in western Contra Costa County.
Work to be performed by the CONSULTANT for this Agreement in general shall include,
but not be limited to:
1. Develop and prepare detailed plans, specifications, and cost estimates for
the following upgrades/repairs to the Port Costa Treatment System:
• Removal arid replacement of sludge impacted sand in Filter Beds Nos.
1,2,3 and 41 as needed.
• Repair of Filter Bed No. 4 to eliminate leakage of wastewater.
• Replacement of the plastic liner in Filter Bed No. 2.
® Installation of a standby generator and switch gear for emergency
backup power to the treatment system. Generator shall have a day
tank to proviide adequate fuel for the anticipated power outage and
shall have a weatherproof housing for outdoor installation. Size of
generator and volume of day tank to be determined by the
CONSULTANT.
o Installation of an auto-dialer alarm system customarily used for
treatment system equipment alarms and detection of possible intrusion
into the facility (perimeter alarm).
a Installation of new chemical feed equipment, (including system controls
and primary,and backup chemical metering pumps)for the effluent
disinfection system.
• Repair of siphons on the wastewater dosing structure.
® Replacement of chemical feed piping for the No. 3 and No. 4
disinfection pumps.
a Construction of a temporary railroad crossing structure (the County to
provide details and survey information).
2. Prepare additions to the current Operations and Maintenance Manual
(O&M Manual) for the equipment which will be replaced/upgraded.
3. Assist the County project manager regarding the acquisition of a railroad
crossing easement from the Union Pacific Railroad (UPRR).
4. Provide technical support during project bidding and construction
The Consultant's work shall be divided into three phases. The work shall include, but is
not limited to:
PHASE
1) Analysis of available information. This will include the following:
® A debriefing with the current consultant to the Contra Costa County
Special Districts Section.
T of 4 December 42,2005
Appendix A-- Consultant Services Agreement
C Discussion of operationswith the facility's current contract operators.
C Obtain representative samples of the sand from each of the beds in the in
the filter system to determine if sand replacement is required.
2) Preparation and submittal to the COUNTY Project Manager of a Preliminary
Design Report providing the detailed design criteria for unit processes and
system components. The report shall include the following:
• The recommended sizing for the generator and associated electrical
systems f
• Recommendations for the alarm and auto-dialer system.
• A preliminary list of drawings and technical specifications
• A construction estimate
3) Address any comments or questions by the COUNTY on the Preliminary
Design Report.
PHASE 11
Upon written approval of summary report, the CONSULTANT will prepare
construction plans, estimates and technical specifications. This effort shall include
65% and 90% plans, specifications, and engineer's estimates submitted to the
COUNTY Project Managl r for review and comment before the final 100% submittal.
Plan submittals shall be prepared with County borders and shall follow Caltrans
format. The special provisions submittal shall be limited to Sections 8 — 10, which
deal with materials and items of work. The County will prepare other sections of the
special provisions with input from the CONSULTANT as required.
I
The CONSULTANT shall prepare plans and details for the UPRR crossing for
easement purposes. (The COUNTY will provide surveying support for the
CONSULTANT. It is anticipated that the UPRR easement will require 1-2 sheets of
plans and details.
PHASE III
Upon request by the COUNTY, the CONSULTANT shall provide as needed design
support services during bidding and construction. This work may include the
following: j
1) Shop drawing reviews
2) Preparation of Addenda during the bidding process
3) Review of contractor bids
4) Confirmation of contractor references
5) Attendance at the preconstruction meeting
6) Assistance with change orders during the construction process
7) One site visit to assure; conformance with the general intent of the
construction dociments and as requested to help resolve field conflicts.
The CONSULTANT shall prepare revision pages for the current Operations and
Maintenance (O&M) Manual to reflect the facility upgrades. A draft of the O&M
Manual shall be submitted with the 100% PS&E submittals to the COUNTY Project
Manager.
2 of 4 December 12,2005
Appendix A-- Consultant Services Agreement
PHASE III (continued)
Upon request by the COUNTY, the CONSULTANT shall, upon completion of
construction, using the field inspector's plan set of drawings, prepare a set of Record
Drawings on electronic media in Microstation or AutoCAD version 2000 or higher
format and submit them to the COUNTY Project Manager. The CONSULTANT shall
also submit a hard copy �f the plans with the electronic submittal.
CONSULTANT has total responsibility for the accuracy and completeness of the plans
and related designs, specifications, and estimates prepared for each task. Reviews by
the COUNTY may not incl l de detailed review or checking of the design of major
components and related details or the accuracy with which.such designs are depicted
on the plans. Reviews by the COUNTY of the PS&E or any other pertinent information
shall not relieve the CONSULTANT of the responsibility for accuracy and completeness
of such documents.
The CONSULTANT or its subconsultants shall not incorporate in the design any
materials or equipment of single or sole source origin without written approval of the
COUNTY.
The signature sheet for the specifications and each sheet of the plans shall bear the
professional seal, certificate!number, registration classification, expiration date of the
certificate, and signature of the professional engineer responsible for its preparation.
The work furnished by CONSULTANT under this Agreement shall be prepared in
accordance with the latest 'COUNTY state, local, and Federal regulations, policies,
procedures, manuals and standards, and shall be made available to COUNTY for
review and approval at stages to be determined by the COUNTY, and upon request.
To ensure understanding oficontract objectives, project progress summaries shall be
submitted monthly to the COUNTY Project Manager. These summaries are in addition
to the formal reviews which shall occur at the 65%, 90% and 100% completion phases
of the PS&E.
SUBMITTALS (Phase 11)
1. 65% PS&E
a The 65% submittal shall consist of six sets of 11"x17" prints consisting
of 100% designed and detailed plans which are ready for the
independent design check, six copies of preliminary technical
specifications, and two copies of proposed bid item list.
2. 90% PS&E
The Consultant shall submit six sets of prints of 24" x 36" (full size)
design plans, six hard copies (five bound, one unbound) of the draft
special provisions, and three copies of the cost estimates.
3. 100% PS&E
3 of 4 December 12,2005
Appendix A-- Consultant Services Agreement
The CONSUL IANT shalt deliver upon request from the COUNTY Project
Manager the following documents.
0 1 set of original tracings of final design plans with cover sheet stamped
and signed Jby the project engineer, both 11" x 17" (279mm X 457mm)
and 24" x 36" {609mni X 914mm) sizes.
0 6 sets of prints of finardesign plans
0 3 hard copies of the Special Provisions (single side copies, unbound)
0 1 copy of 11the edited Special Provisions on a microcomputer disk
(Microsoft Word in Caltrans format)
0 3 copies of final cost estimate and checked quantity calculations.
0 Resident Engineer's File (Contra Costa County memo format)
WORK TO BE PERFORMED OR PROVIDED BY THE COUNTY:
I
1. Prepare right of way plans
2. Preparation and execution of all utility agreements, including UPRR
crossing easement
3. California Environmental Quality Act (CEQA) documentation
4. Preparation of specifications (Special Provisions) for sections 1 through 7
(all sections otlier than treatment system related items)
5. Advertising and award process for construction contracts
6. Agreements with other agencies or entities, as needed
7. Construction contract execution
8. Resolution of all construction claims, as needed
9. Provide CADD borders and standard details to be utilized by the
CONSULTANT.
CONTINGENT FEE
The CONSULTANT warrants, by execution of this contract, that no person or selling
agency has been employed or retained to solicit or secure this contract upon an
agreement or understanding for a commission, percentage, brokerage, or contingent
fee, excepting bona fide employees or bona fide established commercial or selling
agencies maintained by the CONSULTANT for the purpose of securing business. For
breach of violation of this warranty, the COUNTY has the right to annul this contract
without liability, pay only for the value of the work actually performed, or in its discretion,
to deduct from the contract price or consideration, or otherwise recover the full amount
of such commission, percentage or contingent fee.
CR:CS:
G:1GrpDataDesignlCorrespondencelSD#5 Treatment UpgradeslCSA1APPENDIX A—SD5—Scope of Work.doc
4 of 4 December 12,2005
Appendix A--Consultant Services Agreement
Appendix B
CBent: Contra Costa County SD#5
Project: Port Costa Wastewater Rehabilitation
Fee Summary By Phase and Firm
Firm
Phew WMA JWRMS Mark Up ODC TOTAL
Talk i Preliminary Design $ 5.955 $ 5,600 $ 560 $ 12,115
Task Pwm Detsled Dimings 6 Spedfieadoiis for Bidding $ 19.850 $ 15.680 $ 1,568 S 465 S 37,563
Task3 Services Mng Bidding and cmwuctioi $ 5,930 $ 3,360 $ 336 $ 8,626
TOTAL $ 31,735 S 24,6401$ 2,464 1$ 465 E 59,309
Appendix B
Client: Contra Costa County SD#5
El Project: Port Costa Wastewater Rehabilitation
Estimated Engineering Services Breakdown for Scope of Services
undone rvanooe INding Pale.
Or $ 175.00 $ 175.00 $ 130.00
mICqMmU
Person Donami Danny yang Nancy Ku
Ade PM&Design OAA7C Engrg CAD
Engineer
Scope of Services labor Hr
Project: Port Costa Wastewater Rehabilitation Subtotals -- — -
Task 1 Profmioary Dnipn 1 — — —• -- --
1.1 Revieef avalt>dle lydorm OM { 4 2 2
1.2 Core and pnalM FOW SOW ( 3 1
1.3. Develop Bm*ltrourndCAI)drawings- 16
1.4 Develop 08dgn Crkeria { 4 4
1.s Preliminary Design Report 1 10L
t 8
I Task 1 Subtotal Hra 42 10 1 31 0
subtotal$ 1$ 5,955 1 1$ 1,7601$ 175 S 4,030 S
Task 2 Prapare Detalbd Drawings&Specifications for Bidding — -- —• -- --
2.t Davebp Mn etunl P,S&E WFitter Bar S*AV 26 16 2 8
2.2 Davafop Motharnoal P,S a E ta}Disinfection System to 16
A
2.3 Davabp mid P.B&E for Mlsc.Mods 4 t6
2A Sltasdt 6591Awiav DoCne6afdb 2 16
2S Obtain Wroad Gan oDataAs { 4 8
ri el
26 S 90%Review 4 B
2.7 100%sabMktei { 20 10 2 8
I Task 2 Subtotal Hre 134 5o 4 80 0
Subtotal$ I S 18,850 — 1$ 8,750 1$ 700 $ 10,400 $
Task 3 Services Outing OWN and Covatrucsan! — -- •— —
It
—
It Conduct P*4W abathv w"interested Coltractors 4 4
3.2 RespoW to Bib Oued am,due 2 Addenda 8 4 4
3.3 MOW Pra-Conabucuon Meeting 8 4 4
3.4 emsttuctlon Mepedlon I 8 4 4
3.6 operations and Makdorw"Menuaf Modifications 6 4 4
3.6 Propd Closeout 6 AseW Orawbngs 2 2
1 0
1 Took 3 Subtotal tka 38 22 1 16 0
Subtotal S $ 8,830 — $ 3,850 $ $ 2,0001$
Proiect.Budslet Summa ro Cost,$ Labor Hr Comment
Labor Total(Aft Tasks) $31,735 214
Other Direct Costs $265 — Reproduction Allowance
Subtotal I $ 32,000 =-
Engineering Services Total(rounded up to$1000) $ 32,000
Client: Whitley Surchett&Associates
--— Project: Port Costa Wastewater Rehabilitation
Date: 12/6/2005
Electrical Engineering Estimate
Drafter/CAD Non-Tech
Task Item Descriptio) Sr.Engr. EaWneer Operator Staff
M 1450 1440 1210 1130
Rate: $ 140.00 $ 125.00 $ 70.00 $ 50.00
1
ProUrninary Design Hours
1.1 Review existing documentation 4 4
1.2 Site visit I 4 4
1.3 Conceptual Design f 24 20 1 4
1.4 Develop Design Criteria I 6 6
1.5 Prelim.Design Report f 4 4
1.5 I 0
I 0
Task 1 I Subtotal Hrs 42 38 0 4 0
Subtotal$ $ 5,600 J J$ 5,320 $ - $ 280 $ -
2 Detailed Design
2.1 Develop Singleline&schemai0c diagrams 12 8 4
2.2 Power,Lighting&Grounding Plan 12 4 8
2.3 Power,Lighting&Grounding Details 12 4 8
2.4 Panel Layouts I 12 4 8
2.5 Calculations 4 4
2.6 Electrical Specifications 16 16
2.7 Instrumentation Block Di rem 8 4 4
2.8 Control Descriptions I 16 16
2.9 Instrument/1/0 List f 8 6
2.10 Instrumentation Specfficatio4 28 28
I 0
Task 2 f Subtotal Hrs 128 96 0 32 0
I Subtotal$ $ 15,680 $ 13,440 $ $ 2,240 $
I
3 Bid&Construction Pailod Services
3.1 Pre-Bid Meeting I 4
3.2 Bid questions&addenda I 4
3.3 Pre-Construction Meeting f 4
3.4 Site Visits during Constructlon 6
3.5 Record Drawings I 2 4
I
Task 3 1 Subtotal Hrs 261 22 0 4 0
Subtotal$ $ 3,3601 $ 3,080 $ $ 280 $
Cost,$
Labor Costs $ 24,640
Other Direct Costs $ 200 Reproduction&travel
1
Engineering Services Total $ 24,840
1
'04® WHITLEY 8tlRCHETT & Associates
Whitley Burchett & Associates
Xear 2006 Schedule Of Fees
Services described herein shall be provided on a time-and-materials basis unless other methods
of compensation are identified for specific task authorizations. The following rates shall be in
effect through December 31,2006,at which time they will be subject to change.
Normal Rate
For Employees
Labor Cateeory $/Hour
Partner $ 196.00
Managing Engineer $ 185.00
Emeritus Engineer $ 175.00
Supervising Engineer $ 175.00
Principal Engineer $ 165.00
I
Senior Engineer $ 155.00
Engineer $ 130.00
Associate Engineer $ 118.00
Senior Construction Inspector $ 115.00
Assistant Engineer $ 95.00
Cottstructio f Inspector $ 95.00
SeniorCARD Operator $ 85.00
CADD Operator $ 78.00
Clerical $ 78.00
Paraprofessional $ 72.00
Other Direct Costs:
Direct costs,such as transportation within the Bay Area,normal reproduction,computer equipment,
postage,telephone,etc.,are included in the rate schedule.
Extraordinary direct costs,such as printing,delivery and overnight mail services,will be billed at cost.
Transportation for distances greater than 50 miles from our offices will be billed at 48.5¢per mile.
Subconsultants will be billed at cost plus ten percent.
Civil/Environmental Engineers
1777 Oakland Blvd Suite 200 Walnut Greek California 94596
5
tet: 925.945^680 fox: 9250945^7415
APPENDIX C
PROJECT PERSONNEL
Sanitation District#5 Port Costa Treatment Facility Upgrades
I
Name f Position
Mike Donovan I Project Manager and Design Engineer
Danny Yang I Quality Assurance/Quality Control
Nancy Ku I Engineering and CAD
WRMS subconsultant I Electrical and Instrumentation Design
G:\GrpData\Design\Correspondence\SD#5 Treatment Upgrades\CSA\APPENDIX C.doc