Loading...
HomeMy WebLinkAboutMINUTES - 06262001 - C.28 ;0? TO: BOARD OF SUPERVISORS AS THE BOARD OF DIRECTORS, CANYON LAKES GHAD FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: June 26, 2001 SUBJECT: Authorize General Manager to execute a Consulting Services Agreement between the Canyon Lakes Geologic Hazard Abatement District and Sands Construction Company, Inc. in the amount of$69,500. effective July 1, 2001 through June 30, 2002, San Ramon area. (WO#5148) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE and AUTHORIZE William R. Gray and Company, as General Manager of the Canyon Lakes Geologic Hazard Abatement District (GRAD), to execute a consulting services agreement for $69,500.00 with Sands Construction Company, Inc., Lafayette, California, for a term of one year effective on July 1, 2001 to provide Construction and Maintenance Superintendent services to the District. Il. Financial Impact: There will not be any impact on the County General Fund. The Canyon Lakes GHAD is funded through special assessments on properties within the boundaries of the Canyon Lakes GRAD. The Canyon Lakes GHAD will fund 100% of this contract. _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON June 26, 200I�PPROVED AS RECOMMENDED x OTHER VOTE OF SUPERVISORS x UNANIMOUS(ABSENT None ) 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. SE:sd G:\GrpData\SpDist\BoardOrders\2001\06Junc\BOs6-26-Ol.doc ATTESTED: June 26 , 2001 Orig.Div:Public Works(Special Districts) JOHN SWEETEN,Clerk of the Board of Supervisors and County Contact: Skip Epperly(313-2253) Administrator cc: County Administrator County Counsel Wm.R.Gray Co. Inc. By ��� Deputy v SUBJECT: Authorize General Manager to execute a Consulting Services Agreement between the Canyon Lakes Geologic Hazard Abatement District and Sands Construction Company, Inc. in the amount of$69,500. effective July 1, 2001 through June 30, 2002, San Ramon area. (WO#5148) DATE: June 26, 2001 PAGE: 2 III. Reasons for Recommendation and Background: Mike Sands, President of Sands Construction, has been serving as the Construction and Maintenance Superintendent for the Canyon Lakes GHAD for approximately ten years. Mr. Sands has extensive experience in responding to and assisting the GHAD with the repair of landslides and landslide related work in Canyon Lakes and the surrounding area. His firm was instrumental in providing assistance to both homeowners and GHAD staff during the El Nino storms of 1998 and directly oversaw several landslide repair projects. William R. Gray and Company negotiated and approved a consulting services contract between the Canyon Lakes GHAD and Sands Construction for Fiscal Years 1998/99 and 1999/00. Mr. Sands directs contractors retained by the District to repair landslides, supervises contractors retained to perform preventative maintenance activities, responds to emergency calls from property owners and conducts initial site investigations. Mr. Sands brings a wealth of information regarding the District stemming from his decade long experience in the development, and provides the only reliable history of events available to GHAD staff at this time. William R. Gray and Company recommends approval of Sands Construction's annual contract with the Canyon Lakes GHAD for Fiscal Year 2001/2002. IV. Consequences of Negative Action: Without Board approval, the GHAD will not be able to effectively respond to emergencies or execute its preventative maintenance program during this fiscal year. CONSULTING SERVICES AGREEMENT 1.Special Conditions. These Special Conditions are incorporated below by reference. S 1 (a) Public Agency: Canyon Lakes Geologic Hazard Abatement_District (b) Consultant's Name&Address: Sands Construction Company,Inc.a California Corporation P.O.Box 1125 I afgvette.CA 9454th phone:(9251 765.0023 Fax;(92§962-1903 (c) Project Name,Number&Location: Construction and Maintenance Superintendent Duties,San Ramon,California (d) Effective Date: July 1,2001 (e) Payment Limit(s): $69,500.00 (f) Completion Date(s): June 30,2002 (g) Federal Taxpayers I.D.: 546-15-8661 2. Signatures. These signatures attest the parties'agreement hereto: PUBLIC AGENCY CONSULTANT / By:William R.Gray and Company,Ina General Manager By: gnatea 'al cap in the business) By: By� asignate offlclat capatfly,in the business) Type of Business:Sole Proprietors rnment Agency, Partnership Corporation 'rcle one) If Corporation,State of Incorporation: 42 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.1S�c.LSilCJT4Y- 1 00 the date written belo before me, ersonally appeared(insert name and title of the officer) s own to me(or pro to me on the basis of satisfactory evidence)to bio perso s) whose are subscribed the within instrument and acknowledged to me at he executed the same in gsJtier err authorize capaci and that by hisaxer/�signatur�n the instrument the perso or the entity upon ehalf of which the perso s((�cted,executed the instrumen. WITNESS my hand and offici seal NANCY CUNNINGHAltA Dated: Commial 122101 NW-yPublic-Callfomfao Public (Notary's Seal) Contig C061a CourTfy _ Wo n',Elias"73170M3 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 sorvlces described herein,upon the terms and in consideration of the payments stated herein. S. Scope of Service.This is an call"contract Scope of service shall be described In Appendix A.attached hereto and made apart hereof by this reference. 6. Report Disclosure Section.Any document or written report prepared hereunder by Consultant,or a subcontractor.forPubllcAgency shall contain. in a separate section,the numbers and dollar amounts of this contract and all subcontracts relating to the preparation of such document ofwtitten 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)Comprehensive General Liability Insurance,including blanket contractual(or contractual liability)coverage.broad form properly damage coverage,and coverage forowned and non-owned vehicles,with a minimum combined single limit coverage of$2,000,000 forall damages due to bodily injury,sickness ordisease,ordeath to any person,and damage to property,including the loss of use thereof,arising out of each accident or occurrence,and naming Canyon Lakes GHAD,Contra Costa County,William R.Gray and Company,Inc,and their boards, officers and employees as additional insureds. Consultant shall promptly furnish to Public Agency certificates of insurance evidencing sucn coverage and requiring 30 days'written notice to Public Agency of policy lapse,cancellation or material change In coverage. B. 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(a)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. latus. 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 Retenllon 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,fora 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. 3. Ownership of pocuments. 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. 0_ 2S 2eX ` (..I�. 15. Payment Retention. Public Agency shall retain ten percent(10%)of the monles 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. 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 duplloatlon,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, f3reach. In the event that Consultant fails to perform any ofthe services described in this Agreement or otherwise breaches this Agreement,Public Agency shall have the right to pursue all remedies provided bylaw 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,To the extent that a claim or lawsuit is not covered by the Insurance required under Section 7,Public Agency shall indemnify and hold Consultant harmless against expenses,including reasonable attomeys fees,judgments,fines,settlements,and other amounts actually and reasonably incurred in connection with any proceeding arising by reason of Consultant's performance of services hereunder,except for expenses incurred by Public Agency and/or William R.Gray and Company,their boards,officers and employees resulting from Consultanrs gross negligence or willful misconduct. Should Consultant become aware of a claim or lawsuit that may be subject to this section,Consultant shall notify Public Agency and William R.Gray and Company promptly in writing,and Public Agency shall have the right to conduct the defense of such claim or lawsuit. 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 contractorwith Public Agency publicly endorse or oppose the use ofany 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 Publlc Agency contractor capacity,Contractor shall not participate or appear in any commercially-produced advertisements deslgned 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. Proiect Personnel. In performing the services under this Agreement,Consultant shall use the personnel listed in Appendix C,attached hereto and made apart 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,experlence and credentials comparable to those of the person being replaced. 28. Payment Review, Public Agency's payment for the services performed by Consultant under this Agreement shall be subject to review, determination of satisfaction,and approval of the Contra Costa County Public Works Department,pursuant to Section 1 of the Joint Exercise of Powers Agreement dated June 24,1986 between Public Agency and the County of Contra Costa. Attachments:Appendix A,Appendix B,Appendix C Form approved by County Counsel(5/98) G:1Car,yon Lakes\Administration\Vendors�Sands Construction%ContractstFY 01-02\Contract for FY 01-02.doc rJ. Canyon Lakes Geologic Hazard Abatement District (GHAD) Sands Construction Company, Inc. Professional Services Contract Appendix "A" Scope of Work Job Description: Under the general direction of the General Manager, the Construction and Maintenance Superintendent coordinates and supervises the activities of District staff, consultants and/or contractors performing the District's preventative maintenance and major construction programs. Typical Duties: Under direction of the General Manager, the Construction and Maintenance Superintendent's duties include,but are not necessarily limited to,the following. Establish priorities, forecast and establish work schedules, insure work activities are accomplished within established time frames; ■ Assist with the preparation of Requests for Proposals(RFP),review experience of potential contractors,prepare and negotiate contracts,administer contracts,recommend change orders, manage claims; ■ Assign and direct contractor(s) retained by the District to repair landslides; supervise contractors retained to perform preventative maintenance activities;give instruction in proper work procedures, resolve work problems and determine the best approach to accomplish work objectives; ■ Determine the need for materials, supplies and equipment, and prepare requisitions and requests;prepare cost estimates for labor,equipment and material to accomplish construction and/or maintenance tasks; ■ Coordinate the work of contractors for the best utilization of manpower, materials and equipment; examine work in progress and upon completion and recommend payment; ■ Directly supervise projects of an unusual or particularly complex nature; ■ Enforce safety regulations; ■ Make recommendations on budgetary needs and other related matters; maintain labor, material and costs records; prepare written reports; • Represent the General Manager and the District and work with and respond to public inquiries, property owner requests, interpret District policies and procedures, work with homeowner association representatives and others regarding activities of the District; ■ Assist the General Manager in determining work priorities and preparing the annual budget and repair and maintenance programs, and Plan of Control; ■ Respond to emergency calls and conduct initial site investigation; ■ Perform related duties as assigned. Canyon Lakes Geologic Hazard Abatement District (GHAD) Sands Construction Company, Inc. Professional Services Contract Appendix "B" Fee Schedule Construction and Maintenance Superintendent $78.00/hr Word Processing/Clerical $35.00/hr *No vehicle mileage charges for local travel within a 20 mile radius. Note: Eligible reimbursable expenses as authorized by the General Manager include, but are not necessarily limited to mileage for travel beyond a 20 mile radius will be reimbursed at the IRS approved standard mileage rate,extraordinary office expenses(e.g.: computes programming,report copying,District stationary,etc.). All extraordinary costs billed at cost plus 10%(excluding mileage charge). Fees effective through June 30, 2001. C Canyon Lakes Geologic Hazard Abatement District (GHAD) Sands Construction Company, Inc. Professional Services Contract Appendix "C" Personnel Consultant agrees to assign the following personnel: Construction and Maintenance Superintendent—Michael Sands Word Processing/Clerical -TBA Other personnel may be assigned from time to time; Consultant understands that any such appointments may be subject to the approval of the General Manager.