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HomeMy WebLinkAboutRESOLUTIONS - 01011969 - 69-549 IN THE BOARD OF SUPERVISORS - 2 CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Certification concerning the selection of a � consultant for soils engineering ) RrOW ZION No. 69/549 work on :pan Pablo Dam Road Slide , � project No. 0961-6463-69, � El Sobrante . t WHEREAS, this Board understands that there is available to this County Federal funds under Section 125 of Title 23' U. S. Code for the repair and restoration of flood damagedFederal-aid Secondary highmays which occurred between January 17 and March. 5, 1969; and WHEREAS this County has suffered damage to Federal-aid Secondary highway Route 794, oth.ert�Fise icnown as ^a?^ Pablo Lam Road in the: County Road System of this County, near La. Honda Road, and desires Federal Fund participation in the cost of such repair and restoration. and t s.i•i;R AS Contra Costa County has insufficient engineering personnel to design the replace.mai t facility within a reasonable ' time considered to be in the public interest and has contracted with the firm of Provenzano and Associates for the performance of enginee=ring services in accordance with the attached contract, and 'WHEREAS as a condition of obtaining Federal funds assistance in the performance of the work described it said contract the `:taste Highway,ighway :,epartment is requred by the L S. Secretary of Transportation through its Bureau of Public Reads to execute a certificate regarding the employment of consultants for engineering services, to the effect that any such consulting firs} or 'C.£imoi representative has not been required, directly", or indirectly as an express or implied condition in connection bu LQ obtaining or carrying out this contract to (a ) employ or retain, or agree to es''plo or retain, any firm or person, or (b) pay, or agree to pay, to any firm, person, or organization any fee, contribution, donation or consideration of any kind; NOW, THEREFORE, ; E^'OrR 5-E {';'� "* 1Cti,L`3j'D b.:j the Board ou.. Supervisors k� f dG�, 1.S l :��i.�i�i% .�`:s, ;;;�,t;,. ,i.3 �..-,:1'1 t.a that the County of Contra Costa does hereby certify that the above consulting firm or his representative has .'ot been required, directiy or indirectly as an express or implied condition in connection with obtaining or carrying out this contract to (a ) employ or retain, or agree to employ or retain, any firm or person, or (b) pay, on agree to pay, to any firm, c;erson. or organization, anis fee, contribution, donation or consideration of any kind," and that the State Highway way Departure ;it is hereby authorized to execute a certificate to this effect on behalf of the County of Contra Costa; and RESOLUTION 4o. 69/549 BE 1T FURTHER RESOLVED t that in making this certification the County agrees to hold the State Highway Department and the State harmless from any liability .,hich may y b established in the event an; of the above statements are not true and correct. PASSED AND ADOPTED this 26th day of August, 1969, by the following vete of the Board: AYES : Supervisors James P. Kenny, Alfred Y. rias , Thomas john Goll., Edmund A. Linscheid, James 1. Yoriarty.. NOES: None. ABSENT: None, RESOLUTION NO. 69/54 -9 AGREEMENT FOR PRELIMINARY ENGINEERING SERVICES SAN PABLO DAM ROAD Federal -Aid Emergency Relief Project 4-GC-794-CR--ER-562 (3) , San Pablo Dam Road, 0961 -646369, Contra Costa County. Character of Proposed Improvement - Reconstruction of embank- ment, mbankment, and roadway (slide repair) . THIS AGREEMENT" dated August 26, 1969, .between the County of Contra Costa, a political subdivision of the State of California , whose offices are located at 651 Pine Street, Martinez, California, 94553, hereinafter known as the COUNTY; and Provenzano and Associates , Soils and Foundation Engineers , a sole proprietorship, located at 2725 Tenth Street , Berkeley, California, 94710, herein- after known as the CONSULTANT. WITNESSETH, that in consideration of the covenants and agree- vents hereinafter stated, the Consultant hereby agrees to perform the required soils and geological investigation. leading to a recommendation for the proposed repair of the slide on the north side of San Pablo Dam Road, east of La Honda Road. 1 . Consultant shall furnish and perform the following services : (a) Gather, review and analyze: all available existing information pertinent to the slide area. (b) Bused on the above, test borings , piezometer in- stallation, soil sampling and testing , and other necessary work will be conducted by Consultant , or by others hired by him to provide such services , leading to a recommendation of alternate methods for the repair of the slide and roadway . {c} Arrange for the grading of pioneer roads , as necessary , to allow testing equipment access to the project area . �. ..................................... (d) Furnish a report, in six copies , to County showing the findings of the investigation and the possible alternate corrective measures for the project , in- cluding an evaluation of the economic aspects of the proposed alternatives . Such report shall also include a record of field notes and boring logs , all design calculations and analyses , drawings and estimates . (e) in the event that it becomes necessary for the State of California , hereinafter known as STATE , or the County to have special field inspections or meetings with the Consultant, .Consultant shall make himself available for such field inspections or meetings , when requested. (f} The Consultant shall maintain books , documents , papers , accounting records , and other evidence pertaining to costs incurred and to make such materials available at his offices at all reason- able times during the contract period and for three years from the date of final payment under the contract, .for inspection by the State, the Bureau of Public Roads , or any authorized repre- sentatives of the Federal Government and copies thereof shall be furnished if. requested. (g) All tracings , _plans , specifications and maps ob- tained or prepared as part of the Consultant ' s work under the provisions of this contract shall be delivered to. and become the property. of the State. Basic notes , sketches , charts , calculations and other data obtained or prepared under this contract, shall be made available, upon request , to the State without restriction or limitation on their use. 69 / 549 - 2 2.. County shall furnish and perform the following services : (a) All field surveying necessary for and the preparation of topographic maps to show the existing condition of the project area . (b) Secure permits for access to the slide area, outside the existing right of way , for the purposes of test borings and soil sampling , if necessary . (c) Provide the customary cooperation to Consultant in the course of performance by Consultant of his obli - gations under this Agreement . 3. The studies shall take into consideration and comply with all requirements of the State and the Bureau of Public Roads and shall be presented in. the form of an engineering report signed by a licensed professional civil engineer. 4. Work provided for in this. Agreement shall not be started until Consultant is notified in writing by County. Consultant shall complete the performance of its obligations under this Agreement not later than 60 calendar days following notification to proceed from County, unless an extension of time is granted , in writing , by the County Public Works Director, which said extension of time , if any , shall be granted only for causes determined in the sole discretion of the County Public. Works Director to be good and sufficient cause for such extension. 5. (a) County agrees to pay to Consultant , and Consultant agrees to accept payments based on Consultant 's Standard Schedule of Charges for Services and equipment (a copy of which is attached hereto and marked Appendix B) . The total amount of such pay- ments for investigation and reports shall not exceed Seven Thousand Eight Hundred and no/I00ths Dollars ($7, 800) without prior approval in writing by the County Public Works Director (b) The State shall reimburse the County for such payments to Consultant to the extent permitted under Sections ( 120.(1=) and 125 of Title 23., U.S. Code. The County shall not be reimbursed by State for any payments made under this contract , which are not collectible from the Bureau of Public Roads (c) Consultant shall maintain books , documents , papers , accounting records and other evidence pertaining to costsincurred and to make such materials avail - able at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract , for inspection by the. State , the. Bureau of Public Roads , or any authorize=d representatives of the Federal Government and copies thereof shall be furnished if requested. b . Consultant warrants that he has not employed or retained any company or person , other than a bona fide "employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant , any fee, .com- mission, percentage, brokerage fee, .gifts. -or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty , the County shall have the right to annul this contract without liability , or, in its discretion to deduct from the contract price or consideration , or otherwise re- cover, the full amount of such fee, commission , percentage, brokerage fee, gift , or contingent fee-. 7. The right is reserved by the County- to terminate the contract at any time upon written notice , in the event the project is to be abandoned or indefinitely postponed, or in case the Consultant ' s services , in the judgment of the County , are unsatisfactory ; or be- cause of the Consultant ' s failure to prosecute the work with diligence or within the time limits specified; or because of his disability or 5..1 4 �. _ __... ,. .♦ Y..��_. death . In any such case the Consultant may be paid the reasonable value of the services rendered up to the time of the termination on the basis of the payment provisions of this contract If the services of the Consultant are terminated for fault on his part , the County may procure the completion of the services or work in such manner as it deems best and shall charge to the Consultant any excess cost over that provided for in the contract or any damages the County may sustain by reason of the default . 8. The Consultant shall comply with all Federal , State and local laws, ordinances and regulations applicable to the work. Reference is made to Appendix A of this agreement . The Consultant shall procure all licenses , permits , etc. , necessary for the ful - fillment of his obligations under this Agreement. 9 . The contract further provides that the Consultant shall not engage the services of any person or persons now in the employ of the State of California , or County , for work covered by the terms of the contract without the written consent of the employers of such persons ., 10.. No change in the character or extent of the work to be per- formed by the Consultant shall be made except by supplemental agree- ment in writing between the County and the Consultant. The supple- mental agreement shall set forth the changes of work,' extension of time for preparation and adjustment of the fee to be paid by the County to the Consultant , if any. 11 . Duly authorized representatives of the State , County and Federal Government shall have the right of access to the Consultant ' s pians and files and records relating to the projects included by this Agreement. Such materials will be available at the Consultant ' s Berkeley office or in the offices of the County. Public Works Depart- ment, Martinez, California. 12.. Consultant shalt not assign , sublet or transfer this Agree- ment , or any part thereof , without the written consent of the County, nor shall the Consultant assign any monies due or to become due to him hereunder without the previous written consent of the County. 13 . it is expressly understood that in the performance of the engineering services herein provided for Consultant shall be , and is an independent Consultant , and is not an agent or employee of County, Consultant has and shall retain the right to exercise full control and supervision of the services , and full control over the employ- ment, direction, compensation and discharge of all persons assist- ing Consultant in the performance of said engineering services hereunder. Consultant shall be solely responsible and save County harmless for all matters relating to the payments of his employees including compliance with social security, withholding and all other regulations governing such matters . 14. The Consultant , in advance of performing any work under this Agreement, shall , at no expense to the County , furnish to County certificates or other acceptable evidence as to his being insured for public liability and property damage providing for a limit of not less than Two Hundred Fifty Thousand Dollars ($250 ,000) for all damages arising out of bodily injury or death to any one person and a total limit of not less than Five Hundred Thousand Dollars ($500 ,000). for all damages arising out of bodily injuries to or death of two or more persons in one accident or occurrence , and property damage liability insurance providing for a limit of not less than fifty Thousand Dollars ($50 ,,04.0.),. 15. All controversies arising out of the work which cannot be settled by mutual agreement wi11 be decided in the manner provided by law, IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in triplicate by their duly authorized officers . COUNTY OF CONTRA COSTA, ENGINEER: PROVENZANO S ASSOCIATES , t Soils and Foundatio.n' 9ngineers JA 'S E. MORIARTY, hai rman Bo rd of Supervisors ATTEST ATTEST WALTER T. PAASCH, County Clerk Deputy ' Date AUG 2 6 NO- Date ,-7�. -�, 3� �� _.G, Z /55 6 .�. APPROVED AS TO FORM: JOHN B . CLAUSEN , Acting District Attorney t J By r Depu y ATTACHMENTS.: APPENDIX A - Compliance to Federal , State & County Regulations APPENDIX B - Schedule of Charges - Provenzano and Associates *APPENDIX C - Certifications . *N.OTE-: The Certifications on Appendix C , attached hereto, shalt be executed by the- signatories. representing the parties to this Agreement,: 7 �5 :< .... APPENDIX A Sheet l of I During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contrac- tor"), agrees as follows: (I) Compliance with. Regulations. The contractor will comply with the Regulations of the Department of Commerce relative to nondiscrimina- tion in federally-:assisted progranws of the Department of Commerce (Title 15, Cade of Federal Ttegulations, Part 8, hereinafter referred to as the Regulations), u-hich are herein incorporated by reference and made a part of this contract. '(L) Ndndiscrimisnation: The contractor, with regard to the work performed by it after award and prior to completion of the contract worts, will not discriminate on the ground of race, color, or national origin in the selection and retention of subcontractors, including procurenients of materials and teases of equipment. The contractor will not participate either directly or indirectly in the discrimination prohibited by Section 8.4 of the Regulations, including employment prctices when the con- tract covers a program set forth in Appendix A- 1 of the Regulations. (3) Solicitations for Subcontracts, Including Procurements of Xaterialss and Equipment: t'n all solicitations either by competitive bidding or negoti- ation made by the contractor for work to be performed under a sub- contract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the ground of-race, color or national origin. (4) Irnform.ation and Reports: The contractor will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State Highway Department or the Bureau of Public Roads to be pertinent to ascertain compliance with such. Regulations, orders and instructions. Where any information required-of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the State Highway Department, or the Bureau of Public Roads as appropriate, and small set forth what efforts it has made to obtain the information. (5) Sanctions for Noucompliance: In the event of the contractor's noncom. plianee with the nondiscrimination provisions of this contract, the State Highway Department shall impose such contract sanctions as it or the Bureau of Public Roads may determine to be appropriate, including, but not limited to, (a) withholding of payments to the contractor under the contract until the contractor complies, and/or (b) cancellation, termination or-suspension of the contract, in whole or in part. (6) Incorporation of Provisions: The contractor will include the provisions of paragraph (1) through (6; in every subcontract, including procure. meats of materials and teases of equipment, unless exempt by the Regu- lations, order, or instructions issued pursuant thereto. The contractor will take such action with respect to any subcontract or procurement as the State Highway Department or the Bureau of Public Roads may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that, 'in the event a contractor be- comes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the State to enter into such litigation to protect the interests of the State, and, in addition, the contractor may req»est the united States to enter into such litigation to protect the interests of the United States. v FORM H»tC-5t 4/67 PPEN01X B - Sheet l of 1 PROVENZANO & ASSOCIATES $OIL$ AND FOUNDATION ENWNCEAS .2725 TENTH STREET FEE SCHEDULE 1969 9E4RKFLEr,CAL1F0RP41A 04710 foist 846^3967 Technical Personnel Principal Engineer __________ _____________ __--___------__..__$ 20.00/hr. Principal Geologist -------------------------------------------- 20.00/hr, Senior Engineer ------------------------------------------------ 17.50/hr, Field and Laboratory Technician ------- ---- ------------------- 12,50/hr. Draftsman ______________________________________________________ 12.50/hr. Subsurface Ex loration E ui ment Including Sam2ling Equipment Truck Mounted - 6" Auger Drill w/Crew: Portal to Portal (8 hrs. ming__ ------------------------- 35.00/hr. Overtime Rate ------------- 50.00/hr. One (1) inch Plug Sampler Boring w/Crew ----------------------- 30,00/hr. Bucket Rig w/Crew ------------------------------------------- 45.00/hr. Grading Equipment for Site Access (D-6 'Daxer) ------------- 30.00/hr. Laboratory Tests Moisture Content Determination -------------------------------- 4.00/test Density Determination ----------------------------------------- 2.00/test Atterberg Limits ----------------------------------- ----_-_-_ 30.00/test Shrinkage Limit _______________________________________________ 30.00/test Sieve Analysis w/200 Wash ------------------------------------- 2S.00/test Sieve Analysis (Dry) ------------------------------------------ IS.06/test Wash on 200 Sieve ------------------------------------;--------- 10,00/test Hydrometer Analysis _____ __________________-___---__ ---_-_ 20,00/test Specific, Gravity ----------------------------------------------- 12.00/test Unconfined Compression on Undisturbed Sample ------------------ 20.00/test Unconfined Compression on Remolded Sample --------------------- 30.00/test Triaxial Compression (Quick) , on Undisturbed Sample ------------ 30.00/point Triaxial Compression (Quick) on Remolded Sample --------------- 40.00/point Consolidation per Load Increment ------------------------------ 15.00/paint Expansion (Swell vrs. Pressure) ------------------------------- 25.00/test Permeability -------------------------------------------------- 12.50/hr, Moisture Density Relationship (Compaction Test) --------------- 70.00/test R Value Determination ------------------------------------------ 20,00/test Field Density Tests (4 hr. main.) ------------------------------ - 12.50/hr. Travel Charge for cars and pickup trur;�ks (plus trolls at cost) -------- .15/mi - ., ,.., ate...,.. .....>:: ..,. .. .,....;;� A Sheet l of 2 APPENDIX CERTIFICATION OF THE COUNTY OF CONTRA COSTA I hereby certify that I am the Public Works Director of the County of Contra Costa, State of California, and that the following con- sulting firm or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract to: � - X(a) employ or retain, or agree to employ or retain, any firm or person, or (b) pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any .rind. I acknowledge that this certificate i-. �-o be furnished the Bureau of Public Roads, U. S. Department of Commerce, in connection with this contract involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil.. Date VIE R W. SAUER Public Works Director CERTIFICATION OF THE CALIFORNIA STATE DIVISION OF HIGHWAYS I hereby certify that I am the of the California. State Division of Highways, .an that the following con- sulting firm or its representative has not been required., directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract to: (a) employ or retain, or agree to employ or retain, any firm or person, or (b) pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind. I acknowledge that this certificate is to be furnished the Bureau of Public .Roads, U. S. Department of Commerce, in connection with this contract involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal, and civil. Date (Signature) .... w... .. .- y w` APPENDIX C (Cont . ) Sheet 2 of 2 CERTIFICATION OF CONSULTANT I hereby certify that I am ;re' '_ -? and duly authorized representatives of the firm of Provenzano and Associates , Soils and Foundations Engineers , 2725 Tenth Street , Berkeley , California, 94710 , and that neither I nor the above firm I here represent has : (a) employed or retained for a commission , percentage , brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this contract , or * {b) agreed , as an express or implied condition for obtaining this contract , to employ or retain the services of any firm or person in connection with carrying out the contract , or (c) paid , or agreed to pay , to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee , contribution, donation , or consideration of any kind for , or in connection with , procuring or carrying out the contract . I acknowledge that this certificate is to be furnished to the State Highway Department and the Bureau of Public Roads , U . S . Department of Commerce , in connection with this contract involving participation of Federal -aid highway funds , . and is subject to appli