HomeMy WebLinkAboutMINUTES - 01092007 - C.02 TO: BOARD OF SUPERVISORS `_" -----
Contra
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR costa
DATE: JANUARY 9, 2007
County
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oos�A-cour`� �
SUBJECT: APPROVE and AUTHORIZE the Public Works Director to execute a Contract with Summit
Associates, Countywide, (All Districts)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
APPROVE and AUTHORIZE the Public Works Director,or designee to execute a Consulting Services Agreement
with Summit Associates,effective November 27,2006 in the amount 150,000 to provide construction management
services, and subdivision inspection for the period November 27, 2006 through June 30, 2007, Countywide
(Developer Fees)
FISCAL IMPACT:
There will be no impact on the County General Fund, and shall be paid for by Developer Fees.
Continued on Attachment: ® SIGNATURE:
OIRECOMMENDATION OF COUNTY ADMINISTRATOR ❑ RECOMMENDATION OF BOARD COMMITTEE
[.�APPROVE OTHER
SIGNATURE(S):
ACTION OF BOD ON'�Ct.�!(i��' ex �
APPROVED AS OMMENDED OTHER ❑
I hereby certify that this is a true and correct copy of an action
taken and entered on the minutes of the Board of Supervisors on
the date shown.
VOT F SUPERVISORS
UNANIMOUS(ABSENT -0— )
AYES: NOES: ATTESTED:
ABSENT: ABSTAIN: JOHN CULLEN,Clerk of the Ward of Supervisors and County
o:
Administrator
MC:ab
G:\Const\BO\2006\CSA-Summit-Subinspcc.doc
Orig.Div:Public Works(Construction Division) By ,Deputy
Contact: Mike Carlson (313-2321)
cc: Auditor-Controller
E.Kuevor,CAO
J.Dowling,Construction
Consultant
SUBJECT: APPROVE and AUTHORIZE the Public Works Director to execute a Consulting Services
Agreement with Summit Associates, Countywide, (All Districts)
DATE: January 9, 2007
PAGE: 2 of 2
REASONS FOR RECOMMENDATIONS AND BACKGROUND:
Due to the overwhelming amount of development within the unincorporated area of the County, the County's
existing staff is stretched thin. Developments within the City of Pittsburg has required the developers to construct
infrastructure downstream from their developments and through the Bay.Point area. The developer will construct
drainage area storni drain lines and upgrade sewer lines in the area. The work within the County will be constructed
under an encroachment permit. Due to the magnitude of the work proposed and the short time line proposed (all
work is to be completed within 5 months),Public Works has retained an inspector from Summit&Associates. This
inspector's sole responsibility will be the oversight of this project to ensure the work is constructed correctly and the
project is constructed safely for both the residents and the traveling public. The inspector's cost is billed against
deposits made by the developer for this project.
CONSEQUENCES OF NEGATIVE ACTION:
If the Consultant Services Agreement with Summit Associates,is not approved,it may not be possible to complete
inspections.
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: Summit Associates
2300 Clayton Road, Suite 1380
Concord, CA 94520
(c) Project Name, Number, & Location: Subdivision Inspection, County Wide
(d) Effective Date: November 27, 2006 (e) Payment Limit(s): $150,000.00
(f) Completion Date(s): June 30, 2007
2. Signatures. These signatures attest the parties' agreement hereto:
PUBLIC AGENCY CONSULTANT
By: Maurice M. Shiu
Public Works Director/ By:
(Des6 n e official capacity in the business Type of Business:
(sole proprietorship, government agency, partnership, corporation, etc.)
If Corporation, State of Incorporation: e44,A ',y�*
By: &1H By:?�- C T
(Designate official capacity in the business)
Note to Consultant: For corporations, the contract must be signed by two officers. The first signature must be that of the
chairman of the board, president, or vice-president; the second signature must be that of the secretary, assistant secretary,
chief financial officer, or assistant treasurer. (Civ. Code, Sec. 1190 and Corps. Code. Sec. 313.)The acknowledgment below
must be signed by a Notary Public.
CERTIFICATE OF ACKNOWLEDGMENT
State of California )
ss.
County of )
On the date written below, before me, the undersign Notary P ic, personally appeared the person(s) signing above for
Consultant, personally known to me(or proved to me on th s of satisfactory evidence)to be the person(s)whose name(s)
is/are subscribed to the within instrument and ackno ged e that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their i nature(s) on the trument the person(s), or the entity upon behalf of
which the person(s) acted, executed the inst ent.
WITNESS my hand and official se
Dated:
Notary Public
(Nota s Seal)
3. Parties. Effective on the above date,the above-named Public Agency and Consultant mutually agree and promise as
follows:
4. Employment. Public Agency hereby employs Consultant, and Consultant accepts such employment, to perform the
professional services described herein, upon the terms and in consideration of the payments stated herein.
5. Scope of Service. Scope of service shall be as described in Appendix A, attached hereto and made a part hereof by
this reference.
6. Report Disclosure Section.Any document or written report prepared hereunder by Consultant, or a subcontractor,for
Public Agency shall contain, in a separate section, the numbers and dollar amounts of this contract and all subcontracts
relating to the preparation of such document or written report, provided that the payment limit specified in Sec. 1(e)
exceeds $5,000. When multiple documents or written reports are the subject or.products of this agreement, the
disclosure section may also contain a statement indicating that the total contract amount represents compensation for
multiple documents or written reports.
7. Insurance. Consultant shall, at no cost to Public Agency, obtain and maintain during the term hereof: (a) Workers'
Compensation Insurance pursuant to state law; (b) Professional Liability Insurance with minimum coverage of
$1,000,000.00 and a maximum deductible of$50,000.00; and (c) Comprehensive General or Commercial Liability
Insurance, including blanket contractual(or contractual liability)coverage, broad form property damage coverage,and
coverage for owned and non-owned vehicles,with a minimum combined single limit coverage of$1,000,000.00 for all
damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss
of use thereof, arising out of each accident or occurrence, and naming Public Agency, its/their governing bodies,
officers and employees as additional insureds. Consultant shall promptly furnish to Public Agency certificates of
insurance evidencing such coverage and requiring 30 days'written notice to Public Agency of policy lapse,cancellation
or material change in coverage.
8. Payment. Public Agency shall pay Consultant for professional services performed at the rates shown in Appendix B
attached hereto, which include all overhead and incidental expenses, for which no additional compensation shall be
allowed. Notwithstanding the foregoing, those incidental expenses specifically itemized in Appendix B shall be
reimbursable by Public Agency to Consultant, provided that Consultant submits copies of receipts and, if applicable, a
detailed mileage log to Public Agency:In no event shall the total amount paid to Consultant exceed the payment limit(s)
specified in Sec. 1(e) without prior written approval of the Public Agency. Consultant's billing statements shall be
submitted at convenient intervals approved by Public Agency and shall list, for each item of services, the employee
categories, hours and rates. Public Agency will pay consultant in accordance with the requirements of Civil Code
Section 3320 as applicable.
9. Status. The Consultant is an independent contractor, and shall not be considered an employee of Public Agency.
10. Time for Completion. Unless the time is extended in writing by Public Agency, Consultant shall complete all services
covered by this Agreement no later than the Completion Date(s) listed above.
11. Record Retention and Auditing. Except for materials and records delivered to Public Agency, Consultant shall retain all
materials and records prepared or obtained in the performance of this Agreement, including financial records, for a
period of at least five years after Consultant's receipt of the final payment under this Agreement. Upon request by Public
Agency, at no additional charge, Consultant shall promptly make such records available to Public Agency, or to
authorized representatives of the state and federal governments, at a convenient location within Contra Costa County
designated by Public Agency, and without restriction or limitation on their use.
12. Documentation. Consultant shall prepare and deliver to Public Agency at no additional charge,the items described in
Appendix A to document the performance of this Agreement and shall furnish to Public Agency such information as is
necessary to enable Public Agency to monitor the performance of this Agreement.
13. Ownership of Documents. All materials and records of a finished nature, such as final plans, specifications, reports,
and maps, prepared or obtained in the performance of this Agreement,shall be delivered to and become the property of
Public Agency.All materials of a preliminary nature, such as survey notes, sketches, preliminary plans, computations
and other data, prepared or obtained in the performance of this Agreement, shall be made available, upon request, to
Public Agency at no additional charge and without restriction or limitation on their use.
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. 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 use due professional care to comply with all
applicable laws, statutes, ordinances, rules and regulations, whether federal, state, or local in origin. This includes
compliance with prevailing wage rates and their payment in accordance with California Labor Code, Section 1775.
20. Assignment. This Agreement shall not be assignable or transferable in whole or in part by Consultant, whether
voluntarily, by operation of law or otherwise; provided, however,that Consultant shall have the right to sub-contract that
portion of the services for which Consultant does not have the facilities to perform so long as Consultant notifies Public
Agency of such subcontracting prior to execution of this Agreement.Any other purported assignment, transfer or sub-
contracting shall be void.
21 Subcontracting.All subcontracts exceeding$25,000 in cost shall contain all of the required provisions of this contract.
Consultant will pay each subconsultant in accordance with the requirements of Civil Code Section 3321 as applicable.
22. Endorsement on Plans.Consultant shall endorse all plans,specifications,estimates, reports and other items described
in Appendix A prior to delivering them to Public Agency, and where appropriate, indicate his/her registration number.
23. Patents and Copyrights.The issuance of a patent or copyright to Consultant or any other person shall not affect Public
Agency's rights to the materials and records prepared or obtained in the performance of this Agreement. Public Agency
reserves a license to use such materials and records without restriction or limitation, and Public Agency shall not be
required to pay any additional fee or royalty for such materials or records.The license reserved by Public Agency shall
continue for a period of fifty years from the date of execution of this Agreement, unless extended by operation of law or
otherwise.
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 board 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 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 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 Camsel(11/00)
G:\Grp Data\Const\Contracts\CSA\2005\C SA-Summit-OnCal I Subinspec.doc
Summit Associates
2300 Clayton Road, Suite 1380 Phone: (925) 363-5560
Concord, CA 94520 Fax: (925)363-5511
APPENDIX A
Contra Costa County Public Works Department
Subdivision Services
Scope of Services
November 27, 2006
Summit Associates (Consultant) will provide on-call subdivision/permit inspection services assisting
Contra Costa County Public Works (County) staff in performing subdivisioninspection and permit
inspection for public and private improvements.. Facilities to be inspected may include grading,
underground utilities, roadway improvements, sidewalks, retaining walls, culverts, creek repairs,
detention basins, and other public works improvements.
Inspectors will report to a lead County inspector for daily assignments and to address field issues as
they develop. Except where safety.concerns require immediate action, County staff will be making all
decisions relating to corrective actions.
Consultant will perform some or all of the following tasks as part of the services provided:
1. Review the approved construction plans, specifications, project schedule and County standard
plans and specifications to be thoroughly prepared for the work.
2. Attend pre-construction meeting (if required) with County representatives, Contractor and
other consultants as necessary to discuss the approved .plans and applicable standards and
specifications of the County.
3. Perform daily observations and prepare daily written reports focusing on the quality of the
work performed, staff levels and progress.
4. Inspect all on-site and off-site Public Works and subdivision improvements on a daily basis to
assure that all improvements to be constructed are as designed and are within tolerances.
5. Photographs will be taken, as may be required, of existing facilities and public improvements
to substantiate before and after conditions.
6. Adequate records will be kept during the course of the work of the ongoing construction to
verify the as-built drawings are complete.
7. Coordinate the construction of all County and other utilities to minimize interferences with
subdivision improvements.
Program & Construction Managers
y
Summit Associates
2300 Clayton Road, Suite 1380 Phone: (925) 363-5560
Concord, CA 94520 Fax: (925)363-5511
Appendix A (continued)
8. Review and coordinate schedules, review materials, shop drawings, requests for information
and performance test results, check all certificates of compliance and evaluate the need for
corrective action that may be required.
9. Follow all applicable County standards and procedures and any state and federal requirements
as appropriate.
10. Monitor the contractor's work and attempt to minimize the impacts upon public safety and
convenience.
11. Review traffic control measures on a daily basis. Verify the placement of warning signs and
other safety devices to meet County standards and approved traffic control plans.
12. When it is required, assure that advanced written notice is given to the residents of nearby
property or the general public informing them of the work to take place that might affect them.
13. Maintain an awareness of and monitor air pollution so that it is minimized and that the storm
water pollution prevention program is followed during the course of the work.
14. Identify actual and potential problems associated with the construction and recommend sound
solutions to the County.
15. Assist the County in conducting final inspection, prepare punch list, conduct closeout .and
recommend final acceptance to the County. Review as-built drawings for conformance with
the completed work.
16. Oversee compliance with environmental requirements.
17. Coordinate materials sampling and testing.
18. Obtain samples of materials such as soils, base materials, asphalt and Portland cement concrete
for testing and quality assurance needs.
19. Provide geotechnical support as needed for the County Materials Lab.
Program & Construction Managers
Summit Associates
2300 Clayton Road, Suite 1380 Phone: (925) 363-5560
Concord, CA 94520 Fax: (925) 363-5511
APPENDIX B
COST PROPOSAL
for
Construction Management Services
Contra Costa County Public Works Department
Subdivision Services
November 27, 2006
LABOR RATES 2006
Position Hourly Rate
Public Works Inspector II $110.00
Public Works Inspector II (Over Time) $165.00
Public Works Inspector II (Double Time) $220.00
LABOR RATES 2007
Position Hourly Rate
Public Works Inspector II $115.50
Public Works Inspector II (Over Time) $173.25
Public Works Inspector II (Double Time) $231.00
Notes: 1. Hourly rates for personnel include inspection tools, personal safety equipment, cellular
phones, office space, and supplies.
2. Overtime contingent on the contractor's schedule.
3. All hours billed in conformance with the California Labor Code.
Program & Construction Managers
i
tI.
Summit Associates
2300 Clayton Road, Suite 1380 Phone: (925) 363-5560
Concord, CA 94520 Fax: (925)363-5511
APPENDIX C
STAFF PROPOSAL
for
Construction Management Services
Contra Costa County Public Works Department
Subdivision Services
November 27, 2006
Contract Manager: Ken Rice
Public Works Inspector Il: Blaine Johnson
Program & Construction Managers
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
il
State of California
County of {Ah1� (;JI'l ss.
On )),.arn�w and_Ioo(, before me, Y)) Grau Soy-n, urA•llU hok-an, Ruwk-
Dale Name and Title of Officer fe.g..'Jane Doe.Notary Public")
personally appeared
Name(s)of Signer(s)
2; personally known to me
❑ proved to me on the basis of satisfactory
evidence s
to be the persona} whose name(} is/are
M. G. SARMIENTO subscribed to the within instrument and
h Commission 1703321 acknowledged to me that he/&4e4@y executed 1
Notary Public -California the same in hisA3efl�l ' authorized
Z� Contra Costa County ca pacit y(�), and that by his/;err
Com' NovS 201G tsignatures) on the instrument the person(4, or
the entity upon behalf of which the persons
I� acted, executed the instrument.
WITNESS my hand and official seal. '
AQ
i nature of Notay Public
OPTIONAL h;
Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent 'j
r5 fraudulent removal and reattachment of this form to another document.
Description of Attached Document q
ZIhh: Title or Type of Document:
Z�; 5
Document Date: Number of Pages:
Signer(s)Other Than Named Above:_ h
Capacity(ies) Claimed by Signer
Signer's Name:_-
L1 Individual )op of 1hurilb ilere '>
❑ Corporate Officer—Title(s): >
❑ Partner—❑ Limited ❑Ge ral
❑ Attorney-in-Fact
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2 ❑ Guardian or Con rvator
i. ❑ Other:
Signer Is epresenting:_
5
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