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HomeMy WebLinkAboutRESOLUTIONS - 01011969 - 69-551 IN THE BOARD OF SUPERVISORS O CONTRA COSTA COUNTY, STATE OF C:ALIPORNIA In the Matter of Certification. � concerning; the selection of a } Consultant for soils engineering } RESOLUTION NO. 69/551 work on Camino sassal ra, Project } No. 4721-6424-69, Danville Area. � } WHEREAS this Board understands that there is available to this County Federal funds under Section 12-5 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 1019, otherwise known as Camino Tassajara in the County Road System of this County, at County Milepost 11-10, and desires Federal Egad 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 firms of Hardin;, Miller, Lawson and Associates for the performance of engineering services in accordance with the attached contract; and: WHEREAS '..a.s a condition of obtaining Federal funds ass.istanc'e. in the performance of the work described in said contract the State Highway Department is required by the U. S. Secretary of Transporta- tion 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 firm or his representative has not been rewired, 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 kindl NOW, THT EFORE, E IT n SOLTED 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, directly or indirectly as ,an expresi 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) Fay, or agree to pay, to any firm, person, or organization, any fee,, contribution, donation, or consideration of any kind, and that the State Highway Department is hereby authorized to 'execute a certificate to this effect o n behalf of the County of Contra Costa; and RESOLUTION NO. 69/551 E IT FURTHER RESOLVED that in making this certification the County agrees to hold the State Highway Department and the ;Mats harmless from any liability which may be established in the event any of the 'above statements are not true and correct. PASSED AND ADOPTED this 26th day of August, 1969 by the following vote of the Bard f ES Supervisors j aures P. Kenny Alfred M. Dias, f mas John toll., Edmund A. Linsc eida James E. Morlartyo NOES : None . ......... ......._ ......... ......... ......... ..............1 _ . _......... ......... ......... ......... ......................... ..........................1.............1......1....1.. ......... ......... ......... ». .. 1111- . - �.... . .. ..... AGREEMENT FOR PRELIMINARY ENGINEERING SERVICES CAMINO TASSA.lARA Federal-Aid Emergency Relief Project 4-CC-1019-CR-ER-562(6) Camino Tassa,jara, 4721 -6424-69 , Contra Costa County. Character of Proposed Improvement - Reconstruction of road and/or realignment (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 Bine Street, Martinez, California, 9 +553, hereinafter known as the COUNTY Harding, Miller, Lawson and Associates , Consulting Engineers , a partnership, located at 3828 Pacheco Boulevard, Martinez, California, 94553, 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 Investigation leading to a recom- mendation for the proposed repair of the slide area at Milepost 11 . 10 of Camino 'Tassa,jara , 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 and test pit exca- vation, 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 to rebuild the damaged section of the subject road. (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 / 05 .. _ w.._ .w.. ...... �.w. proposed alternatives. Such report shall also Include a record of field notes and boring logs , all design calculations and analyses, drawings and estimates. (a)' 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 fiend Inspections or meetings , when requested. (f} The Consultant skull 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 maps obtained 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 avail - able, upon request, to the State without restriction or llmitation on their use. 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 limits for the purposes of test borings and soil sampling. t� N2� M 603 / 551 ... .. .. .: ... (c) Provide the customary cooperation to Consultant in the course of performance by Consultant of his obligations under this Agreement. 3. The studies shalt take into consfderation 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 45 calendar days fallowing notification to proceed from County, unless an extension of time € s 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. $. (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- vents for investigation and reports shall not exceed Two Thousand Six Hundred and no/100ths Dollars ($2,640) without prior approval in writing by the County Public Works ' Director. (b) The State shall reimburses the County for such pay- menu to Consultant to the extent permitted under Sections ( 120 (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 costs incurred and to make such materials available ... .. ... .. ...... ...... ... .. 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 authorized representatives of the Federal Government and copies thereof shall 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 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, commission, 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 recover, 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 they time limits specified; 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. 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 .. 4 ....................................................... .... shall procure all licenses , permit's , etc. , necessary for the ful- fillmentof his obligations under this Agreement. �. 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, ex tension of time for preparation and adjustment of the fee to be paid by the County to the Consultant, if any. H . Duly authorized representatives 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 Martinez office or to the offices of the County Public Works Depart- mens, Martinez, California. 12. Consultant shall 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 serv'icds 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 assisting 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 compliances 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 damages providing for a limit of not 5 _ 69, / 5 .: � .., . , . ... - .. .. .. W ...:...: :.. :w less than Two Hundred Fifty Thousand Dollars ($2$0,000) for all damages arising out of bodily injury or death to any one person and s total Iimit of not lass than Five hundred Thousand Dollars ($500,000) for all damages arising out of bodily injuries to or death of two or more persons 1n one accident or occurrence , and property damage liability insurance providing for a limit of not less than Fifty Thousand Dollars ($50,000) . 15. All controversies arising out of the work which cannot be settled by mutual agreement will be decided in the manner provided by law. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executedIn triplicate by their duly authorized officers. COUNTY OF CONTRA COSTA ENGINEER: Harding , Miller, Lawson and Associates , Consulting Engineers By 8y ' JAS S E. MORIART of rman Bo rd of Supervisor' ATTEST: ATTEST: WALTER T. PAASCH , County Clerk By By C Deputy Date AU � � 196 Date APPROVED AS TO FORM: JOHN B. CLAUSEN, Legal Counsel By , Deputy ATTACHMENTS APPENDIX A - Compliance to Federal , State, County Regulations APPENDIX B - Schedule of Charges - Harding , Miller, Lawson F. Assocs. * APPENDIX C - Certifications * NOTE : The Certifications on Appendix C , attached hereto, shall be executed by the signatories representing the Parties to this Agreement. r 6 r APPENDIX A Sheet t of I During the performance of this contract, the contractor, for itself, its assignees and sura>ssors in interest (hereinafter referred to as the "contrac- tor"), agrees as follows: (1) Compliance %dth Regulations: The contractor will comply with the Regulations of the Department of Commerce relative to nondiscrimina- tion in federally-assisted programs of the Department of Commerce (Title 15, Code of Federal Regulations, Part 8, hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. •(3) Ndndiscrimination: 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 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 pr ctices wvhen the con- tract covers a program set forth. in Appendix A-11 of the Regulations. (3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment: in 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) 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. (6) Saatctions for Non.complla=cet 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, terminationn 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. ments of materials and leases of equipment, unless exempt by the Re,gu- 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. 61 FORM H-IC-51 4/67 .. �:..;::... yam... APPENDIX' $ - 4 »- �..�.,,.,..-. Sheet f i HARDING•MILLER,LAWSON U ASSOC IA-TES - CONSULTING ENGINEERS SCHEDULE OF CHARGES PROFESSIONAL SERVICES HOURLY RATES Principal Engineer $25.00-$35.00 Senior Engineer or Senior Geologist 18,00- 25.00 Engineer or Geologist t300- 1800 TECHNICAL SERVICES Laboratory Technician including all laboratory facilities 12,00 Engineering 'Assistant 10.00 Drafting 10.00 Report Production 700 EQUIPMENT Geophysical Equipment, per hour 4.00 Field Vane Shear and Soil Sampling Equipment 3.00 Nuclear Moisture-Density Gauge, per test 4,00 Mobile Laboratory or other vehicles, equipped with standard field testing equipment 200 Computer Terminal Time per min. 1.00 Computer Time per sec. .25 Printing Equipment sq. ft. .12 TRAVEL TIME Travel time -will be charged at regular hourly rates, eight hours maximum per day. OUTSIDE SERVICES Rental of test drilling equipment and special equipment not or- dinarily furnished by the Engineer and all other costs such as day laborer, special printing, telephone, travel by common carrier, subsistence, etc. Cost Handling charge for reimbursable costs $50 .00 LUMP SUM Harding, Miller, Lawson &Associates makes no Warranty, either expressed or implied, as to its find- ings, recommendations, specifications or professional advice except that they ore prepared ond-issued in accordance with generally accepted professional engineering practices. Rev. I I-E$ Sheet 1 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. (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 VICTOR 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 fpllowing 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.. Tate (Signature) APPENDIX C (Cont. ) Sheet 2 of 2 CERTIFICATION OF CONSULTANT I hereby certify that I am the and a duly authorized representative "o the firm of Harding , Miller , Lawson and Associates , Consulting Engineers , 3828 Pacheco Boulevard, Martinez , California , 94553 , 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 obtain- ing 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 i"s 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 . D a t e ..G-..,,,,. , .J ' / .,.r.,,..gG4,.y'•.,-t;+.," +w•r ; 1 ,, ("Si nature) Harding , Mil ler , Lawson ancr Associates Consulting Engineers 6 t. ...