HomeMy WebLinkAboutMINUTES - 05062003 - C11-C14 TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU,Public Works Director
DATE: May 6, 2003
SUBJECT: APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with
URS Corporation, in the amount of$30,000, to perform archeology and architecture surveys and
prepare reports for the Orwood Bridge Replacement project, for the period May 6, 2003 to
November 30, 2004, Brentwood area. (District IIi)Project No. 0662-684076
Specific Request(s)or Recommendation{s)&Background&Justification
I. RECOMMENDED ACTION:
APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with URS
Corporation,in the amount of$30,000,to perform archeology and architecture surveys and prepare reports
for the Orwood Bridge Replacement project, for the period May 6, 2003 to November 30, 2004.
II. FISCAL IMPACT:
The estimated cost of the contract is $30,000 funded by 80% Highway Bridge Repair and Rehabilitation
(HBRR) funds and 20%local roads funds.
Continued on Attachment: X SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
_: PROVE OTHER
"Y
SIGNATURE(S): r
ACTION OF BO ON MAY 06, 2003 APPROVED AS RECOMMENDED MOTHER
VOTE OF SUPERVISORS
XX UNANIMOUS(ABSENT NONE }
AYES: NOES:
ABSENT: ABSTAIN:
DISTRICT III SEAT VACANT
I hereby certify that this is a true and correct copy
CN:sr of an action taken and entered on the minutes of the
G:\GrpData\EngSvc\ENVIRO\BO\2003\(05-06-03)CSA-URS(Orwood Bridge-Arch).doc Board of Supervisors on the date shown.
Orig.Div: Public Works(Eng,Sery Division)
Contact: Crystal Na}erra(313-2190)
cc: County Administrator-Atte: E.Kuevor ATTESTED: MAY 05 L003
Auditor-Controller JOHN SWEETEN, Clerk of the Board of
Public Works Supervisors and County Administrator
Accounting
Environmental -T.Torres
Design -N.Leary
-C.Standafer By
Deputy
Contractor
SUBJECT: APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with
URS Corporation, in the amount of$30,000, to perform archeology and architecture surveys and
prepare reports for the Orwood Bridge Replacement project, for the period May 6, 2003 to
November 30, 2004, Brentwood area. (District 111)Project No. 4662-6R4476
DATE: May 6, 2003
PAGE: 2
111. REASONS FOR RECOMMENDATION/BACKGROUND:
The Consulting Services Agreement is needed to assist Public Works Department staff with specialized
archeology and architecture surveys and studies for the Orwood Bridge Replacement project.
The Public Works Department conducted outreach to several small business enterprises (SBE) and chose
URS Corporation, as the most qualified responsible and responsive firm.
IV. CONSEQUENCES OF NEGATIVE ACTION:
If the Consulting Services Agreement is not approved, the County will not complete the necessary
archeology and architecture studies and reports in a timely manner and will not comply with National
Environmental Policy Act(NEPA).
i<
CONSULTING SERVICES AGREEMENT
1. Special Conditions. These: Special Conditions are incorporated below by reference.
(a) Public Agency: Contra Costa County Public Works Department
(b) Consultant's Name &Address: URS Corporation Lk, UZ COMM-
EN AlC _
500 12th Street Suite 200
Oakland CA 94607.4014
(c) Project Name, Number, & Location: Urwood Bridge Re lacement- chaeolo 'cal Assessment
Pro'. No. 0662.6R4076 I BRLO-5928 045
East County
(d) Effective Date: MY 6, 2CI03 (e) Payment Limit(s): $34,000-.00
(f) Completion Date(s): November 30 2404
2. Signatures.These signatures attest the parties' agreement hereto:
PUBLIC AGENCY CONSULTANT
By: Maurice M. Shiu
Public Works Director/ By: °----- .
Chief Engineer, or Designee (Designate official capacity in the business Type of Business:
(sole proprietorship,government agency,partnership,corporation,etc.)
If Corporation, State of Incorporation: Nevada
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. t 190 and Corps. Code. Sec. 313.) The
acknowledgment below must be signed by a Notary Public.
CERTIFICATE OF ACKNOWLEDGMENT
State of California }
ASs.# u_
County of 1 )
On the date written below,before me,the undersigned Notary Public,personally appeared1he personoq signing above
for Consultant, ersonally known to me to be the person(
whose mE(* *subscribed to the within instrument- d acknowledged tome that .s Itl y executed the same
in e authorized capacity(tN4 and that byfth'�bi,signature on the instrument the person), or the
entity upon behalf of which the person,*acted, executed the instrument.
WITNESS my hand and official seat.
Dated: 1 .
Notary Pu c
(Notary's Seat) MARYAFINE H.SAYAO
commiuicn*136073
Notary Pubic-canfomis
Alanloda;w"my
4PA#y0on",
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G:\G,pData\EngSvc\ENVIROIAdminlCSA's\2003\Agreements\URS Corp(d.wood-Arch).doc
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
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pate UaQie and Title of Officer(e.g.,"Jane Doe,Not •Public") };.
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personally appeared 1 J �
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❑ proved to me on the basis of satisfactory
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to be the personA whose name{, is/afe•
s CAROL BRUMMERSTEDT subscribed to the within instrument and
Commission#1338618 Z acknowledged to me that W/she/t"q executed
Notary Public-California the same in Ws/her/thvtr authorized
( SanExpres i s County
My Comm..Expicapacity(ip6), and that by hie/herith�e r
Jan 10,2t,08
signature{) on the instrument the persono), or
the entity upon behalf of which the person
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WITNESS my hand and official seal.
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Place Notary Seal Above hti�7�sig=awmotary Public 1
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
t - i
Description of Attached D cument
Title or Type of Document: �t Ct,4
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Document Date: r N tuber of Pages: —
Signer(s) Other Than Named Above: Mild _
Capacity(Ws) CI t ed by Signe
Signer's Name: Jc�trr�S
Individual Top of thumb here
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6? Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General
❑ Attorney in Fact
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6 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402-www.nationalnolary.org Prod.No.5907 Reorder:Call To➢-Fee 1.600-876-6827
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.
6. Reoort 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$1,(1l0,000 Ill? and a maximum deductible of$ ; and (c)
Comprehensive General Liability Insurance, including blanket contractual (or contractual liability)
coverage,broad farm property damage coverage,and coverage for owned and non-owned vehicles,
with a minimum combined single limit coverage of$1,000,000.00 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,its/their
governing bodies,officers and employees as additional insureds. Consultant shall promptly fumish 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,these 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 fist, 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.
(Page 2 of 8)
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........................
12.
. . .
'
12. . COO6ult8Dt shall prepare and deliver toPublic Agency atOOadditional charge, the
items described in Appendix Atodocument the performance ofthis Agreement and shall furnish hJ
Public Agency such information as is necessary to enable Public Agency to monitor the performance
ufthis 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 servicesin additionto the rk or servicesdescribed iA shall be
performed by Consultant according to the rates or charges listed in Appendix B. In the event that no
! rate or chargeis listed for a particulartype oTextra work,Consultant shall oopaid for the extra work mt
� Gngte tobemutually agreed Vnprior oJcommencement orthe extra work. /n //oevent shall Consultant
! beeDUUedt000nnpenoabonforex1uavvorkun|emmavvhttenauthohzohonorohangeonderdesohbiOg
! the workandpayMmentterrnshambeenemecutedbyF`ub|icAgenoypriortodheoornrnencernentofthe
work.
15. Payment Retention. Public Agency shall retain ten percent(1D%)mfthe moniesdue the Consultant as
security for the fulfillment of this Agreement. After the Consultant has completed all work under this
submitted final
and the Public
has found the work to be accurate, the
! 'g'-i-�'- ` w'|ipa , '| w^th .�i ~'funds. Public Agency
- vvi' pay vv�hhe|dfunds inaccordance vv�h�*»
! uiva Agencyrequirements ode Section 332Oos applicable.Aretention will not bewithheld for any"on'oa{l"
work.
-
�
Termination by-Public Agency. At its option, Public Agency shall have the right to �r� dlthis18.
�
Agreement- -' _any time by written— ,
whether or not Consultant is then in default.
� Upon such termination. Consultant shall, without delay, deliver to Public 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 uptothe date oYtermination.
° Abandonment by Consultant. | � event the Consultant under this
17.
Agreement or otherwise abandons the project
Consultant shall, without
� Agreement,� ob�'. | inthe performanceof —s/�grGenlen[.and ahoUbe idfor the reasonable value
�
of the prepared services performed up to the time of cessation or abandonment, less a deduction for any
|
� ny a cradditional expenses which Public Agency incurs as a result of such cessefion or
abandonment.
18. Breach. In the event that Consultant fai|skz performany ofthe services described inthis Agreement
! ~' ~~'---- ----h-- -'- Agreement, Public Agency shall have the
right to pursue all remedies
�ishall not be
or
ny disputes relating to the performance of
! ' 'non-judicial|equity. � /\n litigation involving thisAgreement b]the vvork shall
� ---^- — `^ -
� bebrought in Contra Costa County,and Consultant hereby waivmsthonen0va|p/uvxoDsofCode of
Civil procedure Section 384.
� 19. Compliance with Laws. In rfo i this AgreeDlent, Consultant shall comply with all applicable
! laws, e$ and regu\abona, whether fedena|, state, or local in origin. This
�
includes comUaDQevithp. VaiUDgvvagen8teS8Ddthei[paym8DtiDBcCOrdgAc8vvUbC8Ufo[ni8LabOr
: Coda. Section 1775.
�
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�
,
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(Page xovN
..................................
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 Ibr which Consultantdoes 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 inAppendix 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 orany 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 indemnify,defend,save,protect,and hold harmless Public Agency,
its governing body,officers,employees,representatives,and agents("Indemnitees")from any and all
demands, losses, claims, cos'ts, suits, liabilities, and expenses for any damage, injury, or death
(collectively "Liability") arising directly or indirectly from or connected with the services provided
hereunderwhich is caused,or claimed or alleged to be caused,in whole or in part,by the negligence
or willful misconduct of Consultant, its officers,.employees, agents, contractors, subconsultants, or
any persons under its direction or control and shall make good to and reimburse Indemnitees for any
expenditures, including reasonable attomeys'fees and costs,the Indemnitees may make by reason
of such matters and , if requested by any of the Indemnitees, shall 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 shall not be required to indemnify Indemnitees for the proportion
of liability a court determines is attributable to the negligence or willful misconduct of the Public
Agency, its governing body, officers, or employees. This indemnification clause shall survive the
termination or expiration of this Agreement.
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.Consultant shall not in its capacity as a Consultant 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 Consultant capacity,Consultant
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 Consultant
capacity, Consultant shall not participate or appear in any commercially-produced advertisements
designed to promote a particular brand name or commercial product,even if Consultant is not publicly
endorsing a product, as long as the Consultant'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, Consultant may express its views on products to other Consultants, 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.
(Page 4 of 8)
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27. Proiect Personnel. In performing the services under this Agreement, Consultant shall use the
personnel listed in Appendix C,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. Disadvantaged Business Enterprise(DBE)Requirements(Federal aid projects only). Consultant shall
comply with all applicable provisions of 49 CFR, Parts 23 and 26, and the County's Disadvantaged
Business Enterprise (DBE) Program, which are incorporated into this Agreement by reference. In
addition, in performing services under this Agreement, Consultant shall utilize all DBEs listed in
Consultant's written response to the Public Agency's request for qualifications or request for proposal
and shall pay to the listed DBEs the estimated amounts listed in Appendix B attached to this
Agreement. The Consultant shall not substitute a listed DBE at any time or decrease the amount to
be paid to a listed DBE without the advance,written consent of the Public Agency. If a listed DBE is
proposed to be replaced, Consultant shall make a good faith effort to replace the original DBE with
another DBE and shall submit to Public Agency written documentation of such effort.
29. Federal Cost Principles and Procedures(Federal aid proiects only). Consultant shall comply with the
following provisions,which are incorporated into this Agreement by reference:(a)the cost principles
,for allowability of individual items of costs set, forth in 48 CFR, Chapter 1, Part 31: (b) the
administrative procedures set forth in 49 CFR, Part 18;and(c)the administrative procedures for non-
profit organizations set forth in OMB Circular A-110, if applicable to Consultant. In the event that
payment is made to Consultant for any costs that are determined by subsequent audit to be
unallowable under 48 CFR,Chapter 1,Part 31,Consultant shall refund the payment to Public Agency
within 30 days of written request from Public Agency. Should Consultant fail to do so,and should the
Public Agency file legal action to recover the refund, Consultant shall reimburse the Public Agency for
all attorney's fees, costs, and other expenses incurred by Public Agency in connection with such
action.
Attachments:Appendix A,Appendix B,Appendix C
Form approved by County Counsel (11/00)
(Page 5 of 8)
API"E17IX A.
Scope o Services Archaeblog ca .
Orwood Bred e' xx bac rrYent,.T' c �. lila.:0652=6R4D76
1. PROJECT DESCRIPTION
This Agreement is to provide consulting services regarding environmental assessment and compliance for
the Orwood Bridge Replacement project. The Agreement is between URS Corporation and Contra Costa
County(County). URS Corporation will provide environmental services as follows:
Provide Archaeological/Historical Assessment
Task 1:Records Search and Field Survey
The Northwest Information Center at Sonoma State University has conducted a records search for the
Orwood Bridge project location (attached). In brief, the results of the survey indicated a moderate
possibility of identifying Native American and historic-period archeological resources in the project
area. NTWIC determined that further archival and field review is warranted. Therefore, the scope
associated with Task 1 should include:
• Research as necessary/appropriate: follow-up research at NWIC, review of historical archives
at local universities, County historical files, the National Register, the California Register,
California Historical Landmarks.
• Field reconnaissance of the project area to determine the potential for/presence of cultural resources
Task 2:Prepare Archaeological and Historical Resources reports
The Orwood Bridge Replacement Project is federally funded, therefore, all cultural resource analysis
must be conducted in accordance with the Caltrans NHPA Section 106 Guidance Document(1991 or
most current)for NEPA clearance. The scope associated with Task 2 should include preparation of the
following documents as warranted/required by the project conditions:
Archaeological Survey Report(ASR)
• Bridge Evaluation Report(BER)
• Historic Architectural Survey Report(HASR)
• Historic Property Survey Report(HPSR) including analysis of the levees
The necessary reports must incorporate the appropriate content and format required by the Caltrans
guidance document. The consultant will be responsible for determining which reports(listed above or
otherwise necessary) will be necessary to satisfy NEPA requirements.
Task 3:Meeting with Caltrans
Caltrans and/or the County may request a meeting to discuss the cultural resources at the project site or
the reporting regarding the resources at the site.
Task 4:Response to Comments
Two rounds of County comments are likely to be necessary for the HPSR and associated reports. In
addition, Caltrans may require a round of revisions.
{Page 6 of 8}
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......... __............. ....... ... ......... ......... ........ . ...... _ _ ......._
................... .. _..........
I APPENDIX B �~
Professional Services Payment/Rates _
In order to be compensated, please provide the fallowing information:
Job Title Rate-per hour
URS Corporation
Principal In Charge $182,31
Project Manager $127.62
Archaeologist II $ 80.36
Archaeologist I $ 65.25
Garcia And Associates
Principal Investigator (Specialist V) $ 80.00
Historian (Specialist II) $ 47.00
Specialist IV $ 69.00
Contract Administration $ 80.00
Senior Technical Editor $ 75.00
Junior Technical Editor $ 44.00
Graphics Supervisor $ 40.00
Appendix B Attachment : Reimbursables
Schedule of Charges for Contract 0662-6R4076/BRLO-5928 (045)
Mileage $ 0.34 per mile
Parking $ 25.00 max per day per vehicle
Toll $ 2.00 per toll
URS Owned Vehicle $ 80.00 per day including fuel
Rental car at market "mid-sized" rate
Rental Car Fuel at market rate cost
Per Diem US Government GSA Rate
8 1/2x 11 B&W copies $ 0.11 per page
11 x 17 B&W copies $ 0.22 per page
Archive Copies $ 0.25 per page
Standard color $ 1.00 per page
Premium color $ 1.75 per page
Smaller than D-size plot $ 3.00 per page
D-size plot $ 6.00 per page
Larger than D-size plot $ 1.00 per square foot of paper
Outside Reproduction Vendor at market rate cost
KWIC Record Search Regular Fee $ 90.00 per hour + $0.25 per page
KWIC Record Search Expedited Fee $ 135.00 per hour + $0.25 per page
Camera $ 20.00 per day
Cellular telephone $ 7.50 per day
GIS/CADD Computer Equipment Use Fee $ 15.00 per hour
GPS receiver (sub-meter accuracy) $ 100.00 per day
Telephone/fax/postage at market rate cost
Aerial photograph duplication at market rate cost
Photo development/processing at market rate cost
Maps at market rate cost
Miscellaneous at market rate cost
Garcia and Associates has a 10W fee on all other direct costs
URS Corporation has a 5% fee on all other direct costs and subcontractors
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0
4 -
APPENDIX C
Project Personnel
NOTE: Please provide project personnel and titles. Any personnel that are not listed for this
contract, will not be compensated for payment.
Name Job Title
URS Employees
Vance Bents Principal In Charge
Brian Hatoff Project Manager
Sean Dexter Archaeologist II
Christopher Lee Archaeologist I
Subconsultant, Garcia and Associates Employees
Kevin (Lex) Palmer Principal Investigator (Specialist V)
David Lemon Historian (Specialist II)
Carole Denardo Specialist IV
Radford Smith Graphics Supervisor
Carole T. Garcia Senior Technical Editor
Christine Palmer Junior Technical Editor
Carole T. Garcia Contracts Administration
(Page 8 of 8)
G:1GrpData\EngSvc\FNVIRO\Admin\CSA's12003\Agreements\URS Corp(Orwood-Arch),doc
E.r l
TO: BOARD OF SUPERVISORS
FROM: MAU'RICE M. SHIM, PUBLIC WORKS DIRECTOR
DATE: MAY 5, 2003
SUBJECT: AUTHORIZE THE PUBLIC WORKS DIRECTOR, OR DESIGNEE, TO EXECUTE A
CONSULTING S'ERVI'CES AGREEMENT WITH SUMMIT ASSOCIATES FOR THE
BAILEY ROAD BRIDGE REPLACEMENT PROJECT IN THE AMOUNT OF $130,000,
PROJECT NO.: 0652-684249-95, (DISTRICT IV)
Specific Requests)or Recommendation(s)&Background&Justification
1. Recommended Action:
AUTHORIZE the Public Works Director, or designee,to execute a Consulting Services Agreement
with Summit Associates for the Bailey Road Bridge Replacement Project in the amount of$130,000
for the period April 1, 2003 through June 30, 2004
li. Financial Impact:
There will be no impact on the County General Fund. The Consulting Services Agreement is for
$130,000. (80% Federal Highway Badge Rehabilitation and replacement program, 20% Local
Read Funds)
4/1
Continued on attachment: X yes SIGNATURE: -
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
'APPROV OTHER
.m
SIGNATURES �,.
ACTION OF BOON: APPROVED AS RECOMMENDED Xx OTHER
7
VOTE OF SUPERVISORS I hereby certify that this is a true and correct copy of an i
xx UNANIMOUS (ABSENT NON4
AYES: NOES: action taken and entered on the minutes of the Board of
ABSENT: ABSTAIN: Supervisors on the date shown.
DISTRIq( c# tine ar sTon ( 2s21 MAY 4 i 2003
ATTESTED: x
oris.Div.: PW(Constr) JOHN SWEETEN, Clerk of the Board of Supervisors and
cc: Aud tor-Controtier
E.Kuevor,GAO County Administrator
R.Bruno,Construction
Accounting
Consultant
By �, , Deputy
BF:tb
G:iGRPtsATAiCf7NSTrBGN2 W 3tC 5A-Stat.M:fiT-6A G.E`tRDBfttQCaE.DtSC
SUBJECT: AUTHORIZE PUBLIC WORKS DIRECTOR, OR DESIGNEE, TO EXECUTE A CONSULTING SERVICES
AGREEMENT WITH SUMMIT ASSOCIATES
DATE: MAY 6, 2003
PAGE 20F2
Ill. Reasons for Recommendations and Background:
The construction contract for the Bailey Road Bridge Replacement Project was awarded to the
lowest responsible bidder on April 8,2003. Construction activities began on April 28,2003 and the
Consulting Services Agreement is from April 1, 2003 to June 30, 2004.
The construction management services include construction engineering,project management,and
construction inspection. Summit Associates was selected for the contract from a field of eight
consulting firms.
IV. Consequences of Negative Action:
If the Consultant Services Agreement with Summit Associates is not approved, it may not be
possible to complete construction of the approved project.
t
< CONSULTING SERVICES AGREEMENT
1. Special Conditions. These Special Conditions are incorporated below by reference.
(a) Public Agency: Contra Costa County Public Works Department
(b) Consultant's Name &Address: Summit Associates
2300 Clayton Road
Suite 1380
Concord, CA 94520
(c) Project Fume,Number& Location: Bailey Road Bridge Replacement Project,Concord,Project No.0662-684249-95,(District 4)
(d) Effective Date: April 1,20103 (e) Payment Limit(s): $130,000
(f) Completion Date(s): dune 30, 2004
(g) Federal`taxpayer's I.D.or Social Security Number: 94-34011601
2.Signatures. These signatures attest the parties'agreement hereto:
Recommended by Department CONSULTANT
By: Maurice M. Shiu �Vogg=.
Public Works Director By
(Designat6offi ' 1 capacity in the business Type of Business:
(sole propriet ship, government agency, partnership,corporation, etc.)
If Corporation, State of Incorporation: / `afrlJt.1-
By: r By:
jDJS%J-7-
(Designate official capacity in the business)
Note to Consuitant: 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-presidents 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 e Notary Public.
CERTIFICATE OF ACKNOWLEDGMENT
State of California }
} ss.
County of r.Vm2d cc=,q __ }
On the date written below, before me, the undersigned Notary Public, personally appeared the person¢}signing above for
Consultant,personally known to me( )to be the persons)whose narne*
is/ere subscribed to the within instrument and acknowledged to me that he/40o..� executed the sante in his tttt9tt
authorized capacity(i99), and that by his/4ac4t ai;signature(4on the instrument the personal, or the entity upon behalf of
which the person(44, acted, executed the instrument.
WITNESS my hand and official seal.
Dated: 041o.1103
teary Public
(Notary's Seal)
M. C. SARM1EN'T0)
Commission# 138171
r Notary Public - California p
Contra Costa County
My Comm,Expires Oct 26,2006;1
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.
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
$1,000,000.00 and a maximum deductible of$50,000.00; and (c) Commercial 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$1,000,000.00 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, 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 three 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� services the work �� �� �A���A �|���� �
- 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 nfextra work, Consultant shall bepaid for the extra work aoorate hubemutually agreed Vnprior to
commencement ofthe 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
tothe commencement ofthe work.
15, Payment Retention. Noretention w4Ubowithheld.
16. Termination by Public Agency.At its option, Pub|ioAgenoyuhoUhmvetharighttoternninatethiaAgreomentatanytimo
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 poid, without dupUoation, all amounts due for the services rendered up to the date of
termination.
17. Abandonment by Consultant. In the event the Consultant rfo iservices d this Agreement o/
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 bmpaid for 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 bopursue all remedies provided bylaw orequity. Any
disputes relating to the performance of this Agreement shall not be subject tonnn 'ud|oial 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 ofCode ofCivil Procedure Section 3Q4.
18. Compliance with Laws. In performing this Agnmament. Consultant shall comply with all applicable |awo, atab/tew,
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 shallbe assignabletransferable in wholein part by Consultant, wh th
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
sub-
contracting ahaA be void.
21 Subcontraefing.Allmuboontrectomxceading$25.0O0inooatshaUoonhyinaUoftherequiredproviaionoofthiaoontrod.
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,eutimatea reports and other items described
inAppendix A that they produce 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 dahwnd, indemnifv, save, and hold harmless Public Agency, its governing body,
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 toand 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 atthe cost and expense ofConsultant. Consultant's obligations under this section shall exist
regardless of concurrent negligence or willful misconduct on the part of Public Agency or any other person but shall be
limited to the proportion of negligence or willful misconduct attributable to Consultant, its officers, employees,agents,
aubconsulLan1a, orany person under its direction orcontrol.
,
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. Consultant shall not in its capacity as a Consultant 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 Consultant capacity, Consultant 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
Consultant capacity,Consultant shall not participate or appear in any commercially-produced advertisements designed
to promote a particular brand name or commercial product, even if Consultant is not publicly endorsing a product, as
long as the Consultant'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,Consultant may express its views on products
to other Consultants,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 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.
Attachments:Appendix A,Appendix B,and Appendix C
Form approved by County Counsel(3100)
G;%GrpData%Const\Contracts%CSAt20031CSA-Summ t-SaileyRdBridge.doc
:::::....:..:•:.:
Summit Associates
2300 Clayton Road,Suite 1380 Phone: (925)363-5560
San Francisca,CA 94111 Fax. (925)363-5511
APPENDIX A
Bailey Road Bridge Replacement Project
Scope of Services
April 2, 2003
PRE CONSTRUCTION SERVICES
• Constructability review of plans and specifications
• Review pians and specifications
• Attend pre-construction meeting
• Establish project filing system
CONSTRUCTION SERVICES
• Meetings — Organize, attend, and record weekly progress meetings and issue
resolution meetings. Attend safety meetings.
• Submittals and RFIs — Review and respond to RFIs, Review and accept/reject
submittals. Distribute RFIs/Submittals to designers, etc. Track all RFIs/Submittals.
• Public Awareness Program --Assist County staff in developing and implementing a
method of providing project status updates to adjacent residents etc.
• Coordination —Act as the point of contact between the contractor, the County, and
other stakeholders. Coordinate all RFIs/submittals with the designer. Coordinate all
surveying and all materials testing to be done by the County.
• Inspection-- Provide full inspection services and/or provide sufficient inspection staff
for the project.
• Schedule- Review the contractor's schedule including 3 week rolling schedule.
Compare with as-built schedule.
• Progress Payment Preparation and Processing •-Complete progress payment forms
provided by the County and submit for processing.
• Change Orders and Claims— Evaluate, negotiate, and prepare CCOs and obtain
County concurrence. Identify potential claims and implement claims avoidance
processes.
• As-Built Drawings — Maintain one set of red-lined as-built drawings with all changes.
This set is submitted to the County Designer at the end of the project.
• Photographs— Provide documentation of the project site before, during, and after
construction.
Program & Construction Managers
.............................................................................................................................................................................I........... ..............
........................I........ .....................
• Project Files —Maintain project files throughout the project.
• Reports — Prepare daily inspection reports and monthly progress reports. Submit to
the County.
• Construction Administration —Administer the construction contract. Manage project
personnel, documentation, and equipment throughout the construction phase.
• Utilities - Coordinate with utility companies for utility relocation and ensure that
permits are adhered to.
• Labor Compliance, Equal Opportunity, and DBE Requirements— Monitor the
contractor's efforts in relation to EO, Labor Compliance, and DBE goals. Discuss at
Pre-construction meeting.
POST CONSTRUCTION SERVICES
• Punch list and Final Inspection - Prepare punch list items and perform final
inspections
• Project Approval— Make recommendations to county on final project approval and
acceptance.
• Project Closeout— Prepare and deliver all documents for project closeout.
• As-Builts - Provide client with final set of as-built plans.
• Final Report— Provide client with project final report.
Program & Construction Managers
........... ..............
Ir
Summit Associates
2300 Clayton Road,Suite 1380 Phone. (925)363-5560
San Francisca,CA 94111 Fax: (925)363-5511
APPENDIX B
COST PROPOSAL
for
Construction Management Services
Contra Costa:County Public Works department
Bailey Road Bridge Replacement Project
April 2, 2003
LABOR
Position Hours Hourly Rate Total
Resident Engineer 696 $125.00 $73,920.00
Inspector 232 $ 94.00 $20,880.00
Inspector(OT) 65 $941.00 $ 8,775.00
TOTAL COSTS $103,575.00
Notes: 1. Hourly rates for personnel include inspection tools, personal safety equipment, cellular
phones,office space, and supplies.
2. Overtime contingent on the contractor's schedule.
3. All hours billed in conformance with California Labor Code.
Program & Construction Managers
............. .......I'll,...... ................. ............. .........................
riSuminit Associates
X300 Clayton Road,Suite 1380 iPhone• (925)363-556.0
San Francisco,CA 94111 Fax: (925)363-5511
APPENDIX C
STAFF PROPOSAL
for
Construction Management Services
Contra Costa County Public Works Department
Bailey Road Bridge Replacement Project
April 2, 2003
Contract Manager: Ken Rice
Resident Engineer. Nick Panayotou
Inspectors: Peter Tzifas
Thomas Miller
Michael Foerder
Greg Haylock
George Schaeffer
David FitzGerald
Bret McGowan
Clayton Maher
David Poladian
Brian Rutkowski
Program & Construction Managers
TO: Board Of Supervisors
FROM Maurice M. Shiu, Public Works Director
DATE: MAY 6, 2043
SUBJECT: Authorize the Public Works Director, or designee, to execute a Consulting Services
Agreement with TRS Consultants, Inc. for Subdivision Inspection, Countywide, (All
Districts)
SPECIFIC REQUESTS)OR RECON MFNDATION(S)&BACKGROUND AND JUSTIFICATION
1. Recommended Action:
AUTHORIZE the Public Works Director,or designee,to execute a Consulting Services Agreement
with TRS Consultants, Inc. for Subdivision Inspection and Construction Management for the period
March 1, 2003 through December 31, 2004.
11. Financial;Impact:
There will be no impact on the County General Fund. The Consulting Services Agreement is for
$350,000 and shall be paid for by Developer Fees.
Continued on attachment: X yes SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
'APPROVE OTHER
SIGNATURE (S): `
ACTION OF BOA O &Ay 061 200-1 APPROVED AS RECOMMENDED XX OTHER
VOTE OF SUPERVISORS
xx NI hereby certify that this is a true and correct copy of an
UNAUNANIMOUSOSEN INorae } action taken and entered on the minutes of the Board of
AYES: NOES:
ABSENT: ABSTAIN: Supervisors on the date shown.
DISTRICT III SEAT VACANT
Contact: Mike Carlson,(925)313-2321 ATTESTED: MAY 06, 2003
Orig.Div.: PW(Constr) JOHN SWEETEN, Clerk of the Board of Supervisors and
cc: Auditor-Controller Count Administrator
E.Kuevovor,CAO County
R.Bruno,Construction
Accounting
Consultant
By / Deputy
MC:tb
G:tGRPDATAtCONSnSO120031CSA•TAS-SUSNSP.DOC
SUBJECT: Authorize the Public Works Director, or designee, to approve a Consulting Services Agreement with TRS
Consultants, Inc.
DATE: MAY 6, 2003
PAGE: 2 of 2
III. Reasons for Recommendations and Background:
Due to the overwhelming amount of development in the Daugherty Valley area, it is necessary to
offer assistance to our field inspectors.
IV. Consequences of Negative Action:
If the Consultant Services Agreement with TRS Consultants, Inc. is not approved, it may not be
possible to complete inspections.
CONSULTING SERVICES AGREEMENT
1. Special Conditions. These Special Conditions are incorporated below by reference.
(a) Public Agency: Contra Costa County Public Works Department
(b) Consultant's Name &Address: TRS Consultants, Inc.
5400 Executive Parkway, Suite 310
San Ramon, CA 04583-4210
(c) Project Name, Number, & Location: Subdivision Inspection,
(d) Effective Date: March 1,2003 (e) Payment Limit(s): $350,000.00
(f) Completion Date(s): December 31,2004
(g) Federal Taxpayer's I.D. or Social Security Number: 68-0130474
2. Signatures. These signatures attest the parties' agreement hereto:
PUBLIC AGENCY CONSULT T
By: Maurine M. Shiu
Public Works Director/ By: V t cc
(Designate official c6pacity in the btAiness Type of Business:
(sole proprietorship, government agency, partnership, corporation, etc.)
If Corpo Vtatef Incorporation:_
By: cJ 1 By: G' 1 M�&r C
(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 )
L ) ss.
County of _ Q�tl'rt t2 r CJ 'T 0 )
On the date written below, before me, the undersigned Notary Public, personally appeared the person(s) signing above for
Consultant,personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)
461are subscribed to the within instrument and acknowledged to me that Ne44e/they executed the same in 4499w/their
authorized capacity(ies), and that by#r r/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: -- n
aryrubIic
(Notary's Seal)
Cel#►tA!'M�i
1401tmy#Ubk-Ce 00MIo
C C0ft C
wMCe ►. MptEk 700
....................... .... ........ .............
. ...... ......... ......... ........_......
3. Parties. Effective on the above date,the above-named Public Agency and Consultant mutually agree and promise as
follows:
4. Em !�. 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.
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
$1,000,000.00 and a maximum deductible of $50,000.00; and (c) Comprehensive General or Commercial 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$1,000,000.00 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, 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.
..... +.t•: .r{.: .}k. ::. .
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 changes Fisted 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, 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 falls 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 334.
19. Compliance with Laws. In performing this Agreement, Consultant shall use due professional care to 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
reservesa 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 indemnify, defend, save, protect, and hold harmless Public Agency, its governing
body, officers, employees, representatives, and agents ("indemnitees")from any and all demands, losses, claims,
costs,suits,liabilities,and expenses for any damage,injury,or death(collectively"Liability")arising directly or indirectly
from or connected with the services provided hereunder which is caused,or claimed or alleged to be caused, in whole
or in part, by the negligence or willful misconduct of Consultant, its officers, employees, agents, contractors,
subconsultants, or any persons under its direction or control and shall make good to and reimburse Indemnitees for any
expenditures, including reasonable attorneys'fees and costs,the Indemnitees may make by reason of such matters
and , if requested by any of the Indemnitees, shall 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 shall not be required to indemnify
Indemnitees for the proportion of liability court determines is attributable to the negligence or willful misconduct of the
Public Agency,its governing body,officers,or employees. This indemnification clause shall survive the termination or
expiration of this Agreement.
26. 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. Consultant shall not in its capacity as a Consultant 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 Consultant capacity, Consultant 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 Consultant capacity,Consultant shall not participate or appear in any commercially-produced advertisements
designed to promote a particular brand name or commercial product, even if Consultant is not publicly endorsing a
product,as long as the Consultant'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,Consultant may express its views on
products to other Consultants, 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 C, 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 r6placement shall possess training,experience and
credentials comparable to those of the person being replaced.
28. Disadvantaged Business Enterprise(DBE) Requirements(Federal aid oroiects only). Consultant shall comply with
all applicable provisions of 49 CFR, Parts 23 and 26, and the County's Disadvantaged Business Enterprise (DBE)
Program, which are incorporated into this Agreement by reference. In addition, in performing services under this
Agreement, Consultant shall utilize all DBEs listed in Consultant's written response to the Public Agency's request
for qualifications or request for proposal and shall pray,to the listed DBEs the estimated amounts listed in Appendix
B attached to this Agreement. The Consultant shall not substitute a listed DBE at any time or decrease the
amount to be paid to a listed DBE without the advance,written consent of the Public Agency. If a listed DBE is
proposed to be replaced, Consultant shall make a good faith effort to replace the original DBE with another DBE
and shall submit to Public Agency written documentation of such effort.
29. Federal Cost Principles and Procedures (Federal aid oroiects onlv). Consultant shall comply with the following
provisions,which are incorporated into this Agreement by reference:(a)the cost principles for allowability of individual
items of costs set forth in 48 CFR, Chapter 1, Part 31:(b)the administrative procedures set forth in 49 CFR, Part 18,
and (c) the administrative procedures for non-profit organizations set forth in OMB Circular A-'110, if applicable to
Consultant. in the event that payment is made to Consultant for any costs that are determined by subsequent audit to
be unallowable under 48 CFR, Chapter 1, Part 31, Consultant shall refund the payment to Public Agency within 30
days of written request from Public Agency. Should Consultant fail to do so, and should the Public Agency file legal
action to recover the refund, Consultant shall reimburse the Public Agency for all attorney's fees, costs, and other
expenses incurred by Public Agency in connection with such action.
Attachments:Appendix A,Appendix B,Appendix C
Form approved by County Counsel('9/00)
G:1GrpData\Const\Contracts\CSA\2003\C SA•TRS•OnCaitSubinspec.doc
:<«.....
March 1, 2003
Appendix A
Scope of Services
TRS Consultants, Inc. (Consultant) will provide on-call subdivision/permit
inspection services assisting Contra Costa County Public Works (County) staff in
performing subdivision inspection and permit inspections for public and private
improvements. Facilities to be inspected may include grading, underground
utilities, roadway improvements, sidewalks, retaining walls, culverts, creek
repairs, detention basins, and other public works improvements.
Consultant will provide a Project Manager, Mike Chadwick, who will be the
primary contact with the County staff. Inspectors will report to a lead County
inspector for daily assignments and to address field issues as they develop.
Except where safety concerns require immediate action, County staff will be
making all decisions relating to corrective actions.
Consultant will perform some or all of the following tasks as part of the services
provided:
9. Review the approved construction plans, specifications, project schedule
and County standard plans and specifications to be thoroughly prepared
for the work.
2. Attend pre-construction meeting (if required) with County representatives,
Contractor and other consultants as Necessary to discuss the approved
plans and applicable standards and specifications of the County.
3. Perform daily observations and prepare daily written reports focusing on
the quality of the work performed, staff levels and progress.
4. Inspect all on-site and off-site Public Works and subdivision improvements
on a daily basis to assure that all improvements to be constructed are as
designed and are within tolerances.
5. Photographs will be taken, as may be required, of existing facilities and
public improvements to substantiate before and after conditions.
6. Adequate records will be kept during the course of the work of the on-
going construction to verify the as-built drawings are complete.
7. Coordinate the construction of all County and other utilities to minimize
interferences with the subdivision improvements.
C:\Mike-Chadwick\Contra Costa County\2003Appendixkdoc March 1,2003
............... ............. .......
Appendix A (continued)
8. Review and coordinate schedules, review materials, shop drawings,
requests for information and performance test results, check all certificates
of compliance and evaluate the need for corrective action that may be
required.
9. Follow all applicable County standards and procedures and any state and
federal requirements as appropriate.
10.Monitor the contractor's work and attempt to minimize the impacts upon
public safety and convenience.
11.Review traffic control measures on a daily basis. Verify the placement of
warning signs and other safety devices to meet County standards and
approved traffic control plans.
12.When it is required, assure that advanced written notice is given to the
residents of nearby property or the general public informing them of the
work to take place that might affect them_
13.Maintain an awareness of and monitor air pollution so that it is minimized
and that the storm water pollution prevention program is followed during
the course of the work.
14.Identify actual and potential problems associated with the construction and
recommend sound solutions to the County.
15.Assist the County in conducting final inspection, prepare punch list,
conduct closeout and recommend final acceptance to the County. Review
as-built drawings for conformance with the completed work.
16.Oversee compliance with environmental requirements.
17.Coordinate materials sampling and testing.
18.Obtain samples of materials such as soils, base materials, asphalt and
Portland cement concrete.
C:\Mike_Chadwick\Contra Costa County12003Appendixkdoc March 1,2003
f
March 1, 2003
Appendix B
Rate Schedule For Contra Costa County
Subdivision Inspection
Estimated Dates. March 1, 2003 to December 31, 2004
Services
Position Type Rate/ Hr
(Note 1)
Project Manager,P.E. Regular $125.00
Traffic Engineer,P.E. Regular $ 98.00
Overtime $115.00
Resident Engineer/Inspector Regular $105.00
Overtime $123.50
Structures Inspector Regular $ 94.00
Overtime $110.50
Public Works Inspector II Regular $ 94.00
Overtime $110.50
Public Works Inspector I Regular $ 92.00
Overtime $108.00
Engineering Technician Regular $ 68.00
Overtime $ 80.00
Clerical Regular $ 52.00
Overtime $ 61.00
Notes:
1. Rates are valid through December 31, 2004 and include vehicle,mobile
telephone,rudimentary tools and personal safety equipment.
C:\Mike__Chadwick\Contra Costa County\2003AppendixB.doc Created on March 1,2003
March 1, 2003
Appendix C
Project Personnel
Subdivision Inspection Services
Position Staff
Project Manager/Quality Control Mr. D. Michael Chadwick,P.E.
Traffic Engineer Mr. Adam Gee, P.E.
Resident Engineer/Inspector TBD
Structures Inspector Mr. Dean McGee
Public Works Inspector II Mr. Tony Hosak
Public Works Inspector I Mr. Gary Brennan
Engineering Technician TBD
Clerical TBD
C:1Mike_Chadwick\Contra Costa County12003AppendisC-doc Created on March 1,2003
...:o... .... ........ i..yr
�Ir •
TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: May 6, 2003
SUBJECT: APPROVE the plans and specifications and ADVERTISE for bids for the North Broadway
Infrastructure Program Phase 3.A project,Bay Point area. [CDD-CP#97-36](Contra Costa
County Redevelopment Agency Funds, 100%)(District V)
Project No.: 0662-684141-02
SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION
L
Recommended Action:
APPROVE the Plans and Specifications for North Broadway Area Infrastructure Program Phase
3.A project and
ADVERTISE for bids to be received on Tuesday, June 10, 2003, at 2:00 p.m.
DIRECT the Clerk of the Board to publish the Notice to Contractors in accordance with Section
22037 of the Public Contract Code.
COMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
_PROVE OTHER
t
SIGNATURES . n
ACTION OF BOA ON MAY 06, 2003 APPROVED AS RECOMMENDED xx OTHER
I hereby certify that this is a true and correct copy of an
VOTE t F SUPERVISORS( action taken.and entered on the minutes of the Board of
xx UNANIMOUS{ABSENT NONE ) Supervisors on the date shown.
AWES: NOES:
ABSENT: _ ABSTAIN-
NL:turn,
BSTAIN:NL,� DISTRICT III SEAT VACANT
WtGpRatmDesign\Board Orders\BO 2003�North Broadway Area Infrastructure Prog P3A 5-6.doc
ATTESTER: MAY 061 2003
ting Div: Public Wnrks(Resign Division) .,.,_,.
Contact: xets Savary{925}3I3-2278
ac: E.Kuevor„CAUJohn Sweeten,Clerk of the Board of Supervisors and County
Auditor-Comraller Administrator
Community Development
PW Accounting
Construction
By ,Deputy
PROOF OF PUBLICATION
(2015.5 C.C.P.) f•
STATE OF CALIFORNIA r
County of Contra Costa
I ant a citizen of the United States and a resident of the CA
County aforesaid; I am over the age of eighteen years, •
and not a party to or interested in the above-entitled VA
matter.
I am the Principal Legal Clerk of the Contra Costa Times,
a newspaper of general circulation, printed and published
at 2640 Shadelands Drive in the City of Walnut Creek,
County of Contra Costa, 94598.
And which newspaper has been adjudged a newspaper of
general circulation by the Superior Court of the County of
Contra Costa, State of California, under the date of
October 22, 1934. Case Number 19764.
The notice,of which the annexed is a printed copy(set in
type not smaller than nonpareil), has been published in
each regular and entire issue of said newspaper and not
in any supplement thereof on the following dates,to-wit:
May 2Q
all in the year of 2003
1 certify (or declare) under penalty of perjury that the
foregoing is true and correct.
Executed at Walnut Creek, California.
On this 20 day of May, 200301`..,.-.^`
�........_ , ............... .... .... ....
Signatu
Contra Costa Times
P 0 Box 4147
Walnut Creek, CA 94596
(925) 935-2525
Proof of Publication of;
(attached Is a copy of the legal advertisement that
published)
NOTICE TO CONTRACTORS
The Public Warks Director
wit receive sealed bids at
the Public Works Depart-
ment, C.C. Rich Buildin
255 Glacler Drive Marti-
nez Cailfornla 34953-4897,
untjC 2 o'clock p.m., on
June 10, 2001 at which
time they will be publicly
NORTH BROADWAYAREA
INFRASTRUCTURE PRO-
GRAM PRASE 3.A.
General work de tion:
construct new r wars
storm ctra[nmr anddd sttrreeki
lighting In the Bay Point
area of Contra Costa
County.
, lr�'s cost estimate:
A fre bid mjetIngt will be
hed on Tuesday.May 27,
2003 at 30:00 a.m. a the
Public Works Department
to cover the unty's Bid-
der OutreachProgram.
Prospective bidders at-
tentltlna»hce is recommend-
ed but nonmandatory.
Contract Documents, in-
cluding plans and specifi-
cations, may be viewed
and/or obtained at the
Public Works Deppartnle
C.C. Rich Bulldlnl;
Glacier Drive, Martinez,
California 94553-4647,
Monday -Thursday(7,00
a.m. 32 Noon and 3:00
Fm. - 5:00 p.m.) (,closed
ridays). To obtain plans
and specifications a serv-
ice charge is requlred In
(,the amount of 52B.3S
Cass sections may ti
talned for this project
upon an add net paOf
-
SPECIACA ON5 PLANAND
ORDERRED BY MAIL MAY AN
ANDS HANDLING FEE OF
dtaitmae Checks abe
Courts o Contra Crista'
and be matted to the
above address. The Pub-
lic Works Department
does riotntee the
arrival of to plans and
speeifteat(ons in time for
bidding.'Plans and spect-
ficatk>ns will not be sent
overnight mall.
?tris project Is to be ad-
vertised pursuant to Pub-
lic
contract
acCtEs u�bjea to
state contract no Iscrl-
minatksn and compilence
requirements pursuant to
Government Code,Section
The Contractor shall pos-
sess a Class A or Ct"s C-
Contrnct 18 atthe ee a the
Bids must cover thea entire
projeat nor 0o tIn entt bids wlil
be considered,
The successful bidder
Shall #urnlsh a }anent
=and a Performance
The Board has ascer-
tained the general��prev�alt-
ing rate of waggees appilca-
bie to this wnrk. The pre-
valltng rate of per diem
wages is on file w�ylth the
Clerk of the Board of Su-
atrcorpo-
ed h�ein by re(errence
thereto,the same as If set
forth In full hereln. For
any cCassltFcatton not ht-
cluded In the list,the min-
imum all shalt be the
nmeral prevailing rate for
Contra CCSte Ctlunty.
The bid Opensng date may
be ex ad by �n.
dura Issued by the
WOrks De rtmerrt np ta4
er than it1NE 6 2403, In
m
lttedO the orbigl naI b
openI be returned
unOperted and sealed bid
nd-
adopbid(open 3n0 shall be
SUtYm3tte4t on or before
JUNE 2�#,2003,at 2.00 p.m.
and velli# d,rear
and recOrde at the same
place 5pec#fied above. All
wropasat5be receivreturned
unopened.
The said Boa ed reserves
the r t to reject an and
all bi s or arty portion of
any bidandlor vraive any
irreoukarlty In any M
rece�tived.
For questions re garno
r n
d
the pro}�t con
Louis Desig Dhrlslom at
(925)313.2265.
By order of the Board of
Supervisors of Contra
Costa County
John Sweeten
Clerk of the Board of
Ss ervisors and County
7.1mtridstrator
By:/s1 Emy G Sharp
Deputy
Dated:telaig 0 2003
Le CCT 75
Pu ish May 20,2003