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HomeMy WebLinkAboutRESOLUTIONS - 01011969 - 69-550 ...................... IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Certification concerning the selection of a Consultant for soils engineering RESOLUTION NO. 69/550 work on a slide on the north side of Camino Pablo, Project No. 0961-6265-69, Orinda Area. 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 damaged Federal-aid Second- ary highways which occurred between January 17 and March 5, 1969; and WHEREAS this County has suffered damage to Federal-aid Secondary highway route 794, otherwise known as Camino Pablo in the County Road System of this County, near Ardilla Road, and desires Federal Fund participation in the cost of such repair and restoration; and WHEREAS Contra Costa County has insufficient engineering personnel to design the replacement 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 engineering services in accordance with the attached contract; and WHEREAS as a condition of obtaining Federal funds assist- ance in the performance of the work described in said contract the State Highway Department is required by the U. S. Secretary of Transportation through its Bureau of Public Roads to execute a certificate regarding the employment of consultants for engineering services, to the effect that any such consulting firm or his representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carry- ing 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; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors that the County of Contra Costa does hereby certify that the above consulting firm or his representative has not been required, direct- ly 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 RESOLUTION NO. 69/550 (b) pay, or agree to pay, to any firm, person, or organization any fee, contribution, donation, or consideration of any kind that the State Highway Department is hereby authorized to execute a certificate to this effect on behalf of the County of Contra Costa ; and BE IT FURTHER RESOLVED that in raking this certification the County agrees to hold the State Highway Department and the State harmless from any liability which may be established in the event any of the above statements are not truce and correct. PASSED AND ADOPTED this 26th day of August, 1969, by the following vote of the Board : AYES: Supervisors James P. Kenny, Alfred M. Dias , Thomas J. Coll, Edmund A. Linscheid, James E. Moriarty. NOES : None. ABSENT: gone. RESOLUTION N4. 69/550 AGREEMENT FOR PRELIMINARY ENGINEERING SERVICES CAMINO PABLO. . . Federal -Aid Emergency Relief Project 4-CC-794-CR-ER-562 (3) ► Camino Pablo , 0961 -626.5-69, Contra Costa County. Character of Proposed improvement Reconstruction of embank- ment 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 27.25 Tenth Street , Berkeley ,, California , 947.10 ,. hereinafter known as the CONSULTANT. . WITNESSETH , that in consideration of the 'covenants. and agree- ments hereinafter stated , the Consultant hereby agrees to perform the required soils -and geological invest-igation leading to a recom- mendation for the'. proposed 'repair of the slide on the north side of Camino Pablo , opposite Ardii.la Road , as -follows :- , 1 . Consultant shall furnish and perform the following services : (a) Gather, review and analyze all available existing information pertinent to the slide area. (b) Based 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 reps i r. 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 peoject ,. .including an 69 55 I x�► 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 o.r 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 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 authorized representatives of the Federal Government and copies thereof shall be furnished if requested. {g} All tracings , plans ,- specifications and daps obtained or prepared as part of the' Consultant ' s work under the provisions of thi's contract shall be delivered to and become the property of the State. Basic notes , sketches ,- charts:,1 ,calculations and other data obtained or prepared under this contract , sha'l l be made avail - able, upon request, to the State. wi"thout restriction or limitation on their use-. 2.. County shall furnish- and perform the. following services : (a) All field surveying necess-a-ry 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 . .. 2 _ (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 ob•l,igations 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. Directo.r , which said extension of time , if any , shall be granted only for causes determined in, the sole discretion of the County. Pubi.ic. 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 8) . The total amount of such pay- ments for investigation and reports 'shall not exceed Eight Thousand Three Hundred and no/100.t.hs Dollars ($8, 3001, without prior approval in writing by the County Public Works Director. (b) The State. shall reimburse the Countyfor such payments to 'Consultant to the extent permitted under Sections ( 1 20:(F) 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 available at their respective offices at all reasonable times .. 3 ... 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 representatives of the Federal Government and copies 'the:reof sha.1I be furnished if- requested. 6. 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 solicitor secure th.i's' 'contract , and that he has not paid or agreed to pay any company car person, ether 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 res'u-Icing from the award or making of this contract. For breach or vio.lation 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 oe, consideration , or otherwise re- cover, the full amount of such fee,. commiss-ion,- 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, irr Che 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. specif.ied ; or because 'of his. disability or 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. . $. 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 fulfill - ment of his obligations under this /agreement . 6 9 ,. 4 9 . The contract further provides that the Consultant shall not engage the services of any person or persons now . n. 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 worm 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 se't 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 authorize,d. rep'resentatives -of the. State, County and Federal Government shall have the right' of access. ,to the Consultant ' s plans and files and records -relating to. the. projects included by this Agreement. Such materials will" be. 'available at the Consultant 's Berke".i ey office or, in. the. 'offices of' the' "County. Aub l'i e. Works Depart- ment, Martinez,' .California. 12.. Consul tart sh"a"t l" not ass i�gn , 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' consen't of the County. 13.. It is expressly understood that in. the performance of the engineering services he'rei'n provided for Consultant shall be, and is an independent Consu`ltant,. and isnot 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 employment, direction, compensation and discharge 'of all persons assisting Con- sultant 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 j$2.5.0 ,.00,0). for U1 /darm' a';§e arising out of bodily injury or death to any one person and a total 40 l inti t of not less than Five Hundred Thousand Dollars ($500 ,00:0). 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 ,0040.).. 15 . All controversies arising out of the. work. which cannot be. settled by mutual agreement will bedecided in the manner provided by law. IN WITNESS WHEREOF, theparties hereto have caused these presents to be executed in: triplicate. by their4 duly authorized officers .- COUNTY OF CONTRA COSTA ENGINEER.. PRO.VENZANO & ASSOCIATES , Soils and Foundation Engineers BY Ry JA�WS E. MOR I ARTY'.,. Cl Cirman `, B©erd of Supervisor `'� ATTEST :. ATTEST'. WALTER T. PAASCH , County. Clerk• ,�- By Deputy. j Date AUS. 26, 1969 Date APPROVED AS TO FORM.. JOHN B. CLAUSEN , Legal Counsel' B y DepXy' ATTACHMENTS : APPENDIX A - Compliance to. Federal , State: & 'County. Regulations APPENDIX B - Schedule of Charges` Provenzano and Associates - *APPENDIX C - Certifications NOTE . The Certifications on Appendix C , attached hereto, shall be, executed by, the. si�gnato.ries representing the. parties to this Agreement. 6 .. .... .... .. ... .... ... .. .. .. Z.r....,. APPENDIX A Sheet i of 1 During the performance of this contract, the contractor, for itself, its assigners and sucecssors in interest (h�rcinafter referred to as the "contrac- tor"), a grecs as follows- (1) Compliance with R.eGulz.tions: The contractor will comply with the Regulations of the Department of Commerce relative to nondiscrimina-tion in federally-assi,:ted programs of the Department of Commerce (Title 15, Code of Federal regulations, Part €3, hereinafter referred to as the Regulations), which are herein incorporated,by reference and made'u part of this contract. '(2) P+ondiscrL-nination: The contractor, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on the ground of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate either directly or indirectly in the discrimination prohibited by Section 3.4 of the Regulations, including employment pr ctices when the con- tract covers a program set .forth in Appendix AT of the Regulations. (3) Solicitations for Subcontracts, Including Procurements of hTaterials and Equipment: In all solicitations either by competitive bidding or negoti- ation made by tine 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) Information 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 shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliamce: In the event of the contractor's noncom- pliance 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. (B) Incorporation of Provisions: The contractor will include the provisions of paragraph (I) through (6; in every subcontract, including procure-, meats of materials and leases 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 regnest the united-States to enter into such litigation to protect the interests of the.'United States. . -msµ - . ..� .. ...."....:::'"`"'` - ... ..... PEND I X B - Sheet I of Ir I'. PROVENZANO & ASSOCIATES 1501LS ANG FOUNDAT;0N ENoiNCCRS . 2725 TENTH STREET FEE SCHEDULE 1969 SIRKELsr.CALIFORNIA 04710 (4131 840.3567 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 Exploration Equipment Includin Sam lin E ui ment Truck mounted - b"I Auger Drill w/Crew: Portal to Portal (8 hrs. min.)-------------------------------------- 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-b Dozer) ___________ __»- 30.00/hr. Laboratory Tests Moisture Content Determination -------------------- ------ 4.00/test Density Determination ----------------------------------------- 2,00/Lest Atterberg Limits ---------------------------------------------- 30.00/test Shrinkage .Limit ___». ------- -- ------------------------------ 30.00/test Sieve Analysis w/200 }flash ___________________________»____»____ 25.00/test Sieve Analysis (Dry) ------------------------------------------ - 15.00/test Washon 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/point Expansion (Swell vrs. Pressure) ---- ----------- ---- 25.00/test Permeability --------------------------------------------------- 12.50/hr. Moisture Density Relationship CCompaction 'Test) --------------- .70.00/test R Value Determination ______________»_ --______--__----------- 70.00/test Field Density. Te�;ts (4 hr, min.) ---------------- -__----- • 12.50/hr. Travel Charge for "cars and pickup .trucks (plus tolls at' cost) Sheet 1 of 2 APPENDIX C 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 ox 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, D. 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 VICTC?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, 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: (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 Daws, both criminal and civil. . A Date (Signature) APPENDIX C (Cont . ) Sheet 2 of 2 CERTIFICATION OF CONSULTANT I hereby certify that l am - 71Z_',> and duly authorized representative 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 applicable State and Federal laws , both criminal and civil . Date - J /7 fes!��' f �''� c ' r/Ge� :, -, •• 4PR �ri:ANO E ASSOCIATES � S i gnatur+a oil and Foundation E�14neers 6