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HomeMy WebLinkAboutMINUTES - 04242001 - C.127 TO: BOARD OF SUPERVISORS FROM: MAURICE SHIU, PUBLIC WORKS DIRECTOR DATE: April 24, 2001 SUBJECT: APPROVE and AUTHORIZE the Public Works Director to execute the Consulting Service Agreement with Quincy Engineering, a Small Business Enterprise in the amount of $25,000, to provide "on-call' structural engineering services through April 30, 2003 for various projects throughout the County. Project No.: Various Specific Request(s)or Recommendation(s) & Background &Justification I. RECOMMENDED ACTION: APPROVE and AUTHORIZE the Public Works Director to execute the Consulting Service Agreement with Quincy Engineering, a Small Business Enterprise in the amount of $25,000, to provide "on-call' structural engineering services through April 30, 2003 for various projects throughout the County. II. Financial Impact: The estimated cost of the contract is $25,000 funded by Road, Flood Control, and Airport project funds (100%). There is no impact to the General Fund. Continued on Attachment: X SIGNATURE: ECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE ,OPROVE OTHER SIGNATURE(S): ,aw� ACTION OF BO O O" 0�,a0o J APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS X UNANIMOUS (ABSENT ) AYES: NOES: ABSENT: ABSTAIN: 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. BF:mp pData\Design\Board Orders\BO 2001\ ATTESTED: (" "`-" a� a0O Quincy Engineering CSA c Orig.Div: Public Workss(Design Division) John Sweeten, Cle k of the Board of Supervisors and Contact: Bill Femandez(313-2294) County Administrator CC' County Administrator,E.Kuevor Auditor-Controller PW Accounting By , Deputy SUBJECT: APPROVE CONSULTING SERVICE AGREEMENT WITH QUINCY ENGINEERING, COUNTYWIDE AREA. DATE: April 24, 2001 PAGE: 2 III. REASONS FOR RECOMMENDATION/BACKGROUND: The "on—call' Consulting Service Agreement is needed to assist Public Works Department staff in providing structural engineering services associated with Flood Control, Road, and Airport projects and providing review of developer structural submittals. IV. CONSEQUENCES OF NEGATIVE ACTION: If the Consulting Service Agreement is not approved, various developer reviews, and flood control, road, and airport structural engineering designs and/or reviews will not completed in a timely manner, causing delays in their construction, repair, and review and approval. CONSULTING SERVICES AGREEMENT 1. Special Conditions. These Special Conditions are incorporated below by reference. (a) Public Agency: Contra Costa County Public Works (b) Consultant's Name&Address: Quincy Engineering 3247 Ramos Circle Sacramento,CA 95827-2512 (915)368-9181 (c) Project Name, Number& Location: Costs will be charged directly to various road, flood control and other projects which require structural engineering on an"On-call"basis. (d) Effective Date: April 24,2001 (e) Payment Limit(s): $25,000 (f) Completion Date(s): April 31,2003 (g) Federal Taxpayer's I.D.or Social Security Number: 68-0269312 2. Signatures. These signatures attest the parties'agreement hereto: PUBLIC AGENCY CONSULTANT By: Maurice Shiu Public Works Director/ Chief Engineer, or Designee By: (Designate official capacity in the business Type of Business: (sole proprietorship, government agency, partnership, corporation,etc.) If Corporation, State of Incorporation: California By: By: (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, personally appeared ( insert name and title of the officer) , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. WITNESS my hand and official seal. Dated: Notary Public (Notary'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. C,ia7 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 and a maximum deductible of$50,000; and(c)Comprehensive General Liability Insurance, including blanket contractual (or contractual liability) coverage, broad form property damage coverage, and coverage for owned and non-owned vehicles, with a minimum combined single limit coverage of $500,000 for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof, arising out of each accident or occurrence, and naming Public Agency, Contra Costa County Flood Control and Water Conservation District, 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. Public Agency shall retain ten percent (10%) of the monies due the Consultant as security for the fulfillment of this Agreement. After the Consultant has completed all work under this Agreement, submitted final billing, and the Public Agency has found the work to be accurate, the Public Agency will pay all withheld funds. Public Agency will pay withheld funds in accordance with the requirements of Civil Code Section 3320 as applicable. A retention will not be withheld for any "on-call" work. 16. Termination by Public Agency. At 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 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 defend, indemnify, save and hold harmless Public Agency, Contra Costa County Flood Control and Water Conservation District, its/their governing bodies, officers and employees from any and all claims, costs and liability for any damages, injury or death arising directly or indirectly from, or connected with,the services provided hereunder and due to, or claimed or alleged to be due to, negligence or willful misconduct of Consultant, its officers, employees, agents, subconsultants, or any person under its direction or control, save and except claims or litigation arising through the sole negligence or sole willful misconduct of Public Agency, and will make good to and reimburse the indemnitees for any expenditures, including reasonable attorney's fees, the indemnitees may make by reason of such matters and, if requested by any of the indemnitees,will 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's obligation to indemnify shall be limited to the proportion of negligence or willful misconduct attributable to Consultant, its subconsultants, or any person under Consultant's direction or control. 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. Contractor shall not in its capacity as a contractor 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 Contractor capacity, Contractor 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 contractor capacity,Contractor shall not participate or appear in any commercially-produced advertisements designed to promote a particular brand name or commercial product, even if Contractor is not publicly endorsing a product, as long as the Contractor'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, Contractor may express its views on products to other contractors, 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. Project Personnel. In performing the services under this Agreement, Consultant shall use the personnel listed in Appendix B, 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. Consultants must give consideration to DBE Firms as specified in 23 CFR 172.5(e) Attachments:Appendix A,Appendix B Form approved by County Counsel(2/96) \\PWS1\SHARDATA\GrpData\Design\skow\quincycsa.doc APPENDIX "A" Consultant is hereby hired to provide on-call services for but not limited to the following: • To provide structural engineering services including calculations and details. • To provide peer review for County bridge and structures projects. • To provide review of developer structural submittals(bridges, retaining walls,other structures). • To provide guidance for and/or act as a liaison for HBRR projects. • Design of emergency repair of bridge or other structures. When consultant's services are required,they will be notified of the nature and scope of work to be performed including time frame,and asked to provide a written estimate for costs anticipated to be incurred. When a price has been agreed upon,either initially or through additional negotiations or scope modification,the consultant will be notified to proceed. On the anniversary date of this contract the Consultant will be given an opportunity to submit adjusted hourly rates for staff involved with the on-call work. These adjustments to salary are subject to negotiation with and written approval by the Contra Costa County Public Works Department. G:\GrpData\Design\skow\quincyappendixA.doc April 12,2001 APPENDIX "B" Billing Rates for Quincy Engineering Staff: