HomeMy WebLinkAboutMINUTES - 05062003 - C29-C31 THE BOARD OF SUPERVISORS, AS GOVERNING BODY OF THE CONTRA COSTA
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
:Adopted this Order on May 6, 2003,by the following vote:
AYES: SUPERVISORS GIOIA, UILKEtM, GLOVER Aral} DESAUINIER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
DISTRICT ITT SEAT VACANT
SUBJECT: Award of Contract for Drainage Area 13, Line C-1 Project, Alamo area.
Project No. 7552-6D8160-02
Bidder Total Amount Band Amounts
Ghilotti Construction Company Inc. $298,500.00 Payment:
246 Ghilotti Avenue $298,500.00
Santa Rosa, CA 95407 Performance:
$298,500.00
DR. Leanings Construction W.R. Forde Assoicates
Concord, CA Richmond, CA
Hess Concrete Construction Wayne G. Schlosser
American Canyon, CA Danville, CA
North Bay Construction K.J. Woods Construction
Petaluma, CA San Francisco, CA
Fanfa,Inc. Pfister Excavating
San Lorenzo, CA Vallejo, CA
Bay Cities Paving&Grading
Concord,CA
Granite Construction
Watsonville, CA
RG W Construction
Livermore, CA
Talus Construction
Danville, CA
SUBJECT: AWARD OF CONTRACT FOR DRAINAGE AREA 13,LINE C-1 PROJECT,ALAMO AREA.
DATE: MAY 6,2003
PAGE 20173
The above-captioned project having been previously approved, and the plans and
specifications having been prepared and filed with the Board of Supervisors, and bids having
been duly invited and received by the Chief Engineer on March 18, 2003; and
The general prevailing rates of wages, which shall be the minimum rates paid on this
project,having been filed with the Clerk of the Board, and copies to be made available to any
party upon request; and
The Board of Supervisors having determined that the project is exempt from the
California Environmental Quality Act as a Class 1(c) categorical exemption, and a Notice of
Exemption having been filed with the County Clerk on December 22, 1975; and
The bidder listed first above, Ghilotti Construction Company Inc. ("Ghilotti"), having
submitted the lowest responsive and responsible bid,which is $50,840.00 less than the next
lowest bid; and
The Contract Compliance Officer having reported that Ghilotti has documented an
adequate good faith effort to comply with the requirements of the County's Outreach Program;
and
The Chief Engineer recommending that the bid submitted by Ghilotti is the lowest
responsive and responsible bid, and this Board concurring and so finding;
NOW, THEREFORE, the Board finds, determines and orders as follows:
The Board APPROVES the plans and specifications for the project; and
The Board DETERMINES that Ghilotti, as the lowest responsive and responsible bidder,
has documented an adequate good faith effort to comply with the specifications and the
requirements of the County's Outreach Program; and
The Board ORDERS that the contract for the furnishing of labor and materials for said
work is awarded to Ghilotti at the listed amount and at the unit prices submitted in said bid, and
that said contractor shall present two good and sufficient surety bonds as indicated above, and
that the Chief Engineer shall prepare the contract therefor; and
SUBJECT: AWARD OF CONTRACT FOR DRAINAGE AREA 13,LINE C-1 PROJECT,ALAMO AREA.
DATE: MAY 6,2003
PAGE: 30F3
The Board FURTHER ORDERS that after the contractor has signed the contract and
returned it, together with the bonds as noted above and any required certificates of insurance or
other required documents, and the Chief Engineer has reviewed and found them to be sufficient,
the Chief Engineer is authorized to sign the contract for this Board; and
The Board FURTHER ORDERS that in accordance with the project specifications
and/or upon signature of the contract by the Chief Engineer, any bid bonds posted by the bidders
are to be exonerated and any checks or cash submitted for security shall be returned; and
The Board FURTHER ORDERS that the Chief Engineer or his designee is authorized to
sign any escrow agreements prepared for this project to permit the direct payment of retentions
into escrow or the substitution of securities for moneys withheld by the County to ensure
performance under the contract,pursuant to Public Contract Code Section 22300; and
Pursuant to Public Contract Code Section 4114, the Board DELEGATES its functions
under Public Contract Code Sections 4107 and 4110 to the Chief Engineer or his designee; and
Pursuant to Labor Code Section 6705, the Board also DELEGATES to the Chief
Engineer or to any registered civil or structural engineer employed by the County the authority to
accept detailed plans showing the design of shoring,bracing, sloping or other provisions to be
made for worker protection during trench excavation covered by that section; and
The Board DECLARES that, should the award of the contract to Ghilotti be invalidated
for any reason, the Board would not in any event have awarded the contract to any other bidder,
but instead would have exercised its discretion to reject all of the bids received. Nothing herein
shall prevent the Board from reawarding the contract to another bidder in cases where the
successful bidder establishes a mistake,refuses to sign the contract or fails to furnish required
bonds or insurance(see Public Contract Code Sections 5100-5107).
Contact:Mike Carlson,(925)313-2321
1 hereby certify that this is a true and correct copy of an action
Orig.Div.:PW(Constr) taken and entered on the rninutes of the Board of Supervisors on
cc: Auditor-Controller the date shown.
E.Kuevor,CAO
R.Bruno,Construction
Accounting
Consultant
Design ATTESTED: MAY 06, 2003
County Counsel JOHN SWEETEN, Clerk of the Board of Super-visors and
Contractor
Surety County Administrator
MC:tb
G:\GPPDAT,A=NSrZM003WW,ARZ-DRMNAGEA"A13,L*C
By Deputy
t the re
Recorded e request of:
h q
Contra Costa County Flood Control
and Water Conservation District
Return to:
Contra Costa County
Real Property Division
255 Glacier Drive
Martinez, CA 94553
Attention: Donna H. Murdock
THE BOARD OF SUPERVISORS, AS THE GOVERNING BODY OF THE
CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on May 6, 2003, by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GLOVER AND DESAULNIER
NOES: NONE
ABSENT: NONE
RESOLUTION NO. 2003/291
ABSTAIN: NONE (F.C.D. Act, Section 31)
DISTRICT III SEAT VACANT
SUBJECT: ADOPT Resolution No. 2003/ 291 approving the vacation of a portion of a flood control
easement over a portion of parcel number 184-140-001 and determine that the activity
is not subject to CEQA, pursuant to Article 5, Section 15061(b)(3).
CDD-CP # 03-20
Project No. 7559-6D8323
Unicorporated area of Walnut Creek
The Board of Supervisors, as the Governing Body of the Contra Costa County Flood Control and
Water Conservation District (District) RESOLVES THAT:
This vacation of a flood control easement no longer required for flood control purposes, is made
pursuant to Section 31 of the Contra Costa County Flood Control and Water Conservation District Act.
This vacation request covers a flood control drainage easement located in the unincorporated area of
Walnut Creek. The property owners originally granted the easement to the District for the purposes of
constructing improvements on Las Trampas Creek. The improvements have been completed and the
District has determined that this portion of the easement is no longer needed and can be vacated. A
description of the portion to be vacated is described in Exhibit"A" and shown on Exhibit"B" attached
hereto.
#hereby certify that this is a true and correct
DHM:eh copy of an action taken and entered on the
G:112003-FilesiBOs&RESXRes_LasTrampasCreek_Vacation.doc minutes of the Board of Supervisors on the
date shown.
Orig. Dept Public Works(RIP)
Contact: D. Murdock(313-2168) ATTESTED: MAY 06, 2003
cc: See last page JOHN SWEETEN,Clerk of the Board of
Supervisors and County Administrator
By � , Deputy
RESOLUTION NO, 20431' 291
Subject: Vacation of a portion of Flood Control Easement
Date: May 6, 2003
Page: 2
This Board hereby F'IN'DS that the proposed vacation will not have a significant effect on the
environment, and that it has been determined to be exempt from the California Environmental Quality
Act underState CE:QA guidelines Section 15061 (b)(3), and DIRECTS the Director of Community
Development to file a Notice of Exemption with the County Clerk, and DIRECTS the Public Works
Director to arrange for payment of the$25.00 handling fee to the County Clerk for filing and a $25.00
fee to Community Development for processing of the Notice of Exemption. The Board having
considered the general plan, FINDS pursuant to Government Code Section 65402 that this proposed
vacation is in accordance with its Resolution No. 811522; this vacation is minor in nature and therefore
exempt from general plan conformance review.
This Board declares that the hereinabove described proposed vacation area is HEREBY
ORDERED VACATED subject to any reservation and exception described in attached Exhibit"A".
From and after the date this Resolution is recorded, the portion vacated no longer constitutes a flood
control easement.
The Real Property Division is ORDERED to record a certified copy of this Resolution in the
office of the County Recorder.
cc: Public Works
Maintenance(via WP)
Records(via R/P)
Engineering Services—T.Torres(via R/P)
Flood Control
County Counsel
Community Development, K.Piona
Recorder(via R/P)
Applicant: Kim Madison
RESOLUTION NO. 2003/ 291
Easement Vacation
Las Trampas Creek
Madison
A.P.N. 184-140-001
Parcel's X-55-1 & X-123
Drawing EB-334
EXHIBIT "A"
Real property in an unincorporated area of the County of Contra Costa, State of
California, being a portion of Rancho Canada Del Hombre Y Las Bolsas, also
being a portion of Lot 11, Block D of the Dewing Park Extension filed December
20, 1916 in Book 15 of Maps at page 314, being a portion of Parcel 55 and all of -
Parcel 123 as described in the Easement granted by Edgar H. Thomas and
Helena Pearl Thomas to Contra Costa County Flood Control and Water
Conservation District recorded January 12, 1968 in Book 5535 of Official
Records at page 360 and as shown on Right of Way drawing No. ED-199 entitled
Las Trampas Creek, Reach 2-C on file in the Public Works Department of said
County described as follows:
Beginning at the northeast corner of said Parcel 123 (5535 OR 360); thence
along the southeasterly line of said Parcel south 51°09'16„ west, 58.99 feet to a
point on the southerly line of Parcel 55 (5535 OR 360); thence westerly along
said line, on a non tangent curve, concave to the north, a radial from said point
bears north 6°17'51" east, having a radius of 262.00 feet, through a central angle
of 12018'23", an arc length of 56.27 feet to the westerly line of said Parcel 55;
thence along said line north 3°02'05" west, 33.10 feet; thence north 70°25'24"
east, 11.73 feet to a paint on a non tangent curve, concave to the north,,a radial
from said point bears north19*22'02" east, having a radius of 224.00 feet,
through a central angle of 22°1411',", an are length of 86.94 feet;-thence tangent
to said curve north 87007'51" east, 6.00 feet to the Point of Beginning.
Containing an area of 2991 square feet of land, more or less.
Bearing are based on the California Coordinate System Zone III (CCS27)
Exhibit "B" attached and by this reference made a part hereof.
This real property description has been prepared by me or under my direction, in
conformance with th conal Lan e Act.
Signatup
Licensed Land Surveyor
Date: /A� d * r xr'9/30/03
tP L.S.6571
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DETERMINATION THAT AN ACTIVITY
IS EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
FILE NO.: 7559-6D8323 CP NO.: 03-20
ACTIVITY NAME: Las Trampas Creek Easement Vacation
DATE: March 25, 2003
PREPARED BY: Trina Torres
This activity is not subject to the California Environmental Quality Act (CEQA)
pursuant to Article 5, Section 15061 (b) (3) of the CEQA Guidelines.
It can be seen with certainty that there is no possibility that the activity may have a significant
adverseeffect on the environment.
DESCRIPTION OF THE ACTIVITY:
The activity consists of the vacation of a portion of a Contra Costa County Flood Control and Water
Conservation District (District) easement(approximately 2,991 square feet)along the northwest
portion of A-PN 184-140-001. The property owners originally granted the easement to the District
for the purposes of constructing improvements on Las Trampas Creek. The improvements have
been completed and the District has determined that this portion of the easement is no longer
needed and can be vacated. (Fig. 4)
LOCATION:
The activity is located in central Contra Costa County in the unincorporated portion of Walnut Creek
(Figures'1 —4).
REVIEWED BY: DATE: ..._
Cece Sellgren
Environmental Planner
APPROVED BY: r DATE:
Community Development Representative
GAGrpData\En9Sv6ENvlR012003 Projects\CEQA1DetExlLas Trampas Crk Easement.doc
...................................... ...... ................ ............................................
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Notice of Exemption
Contra Costa County Community Development Department
651 Pine Street, 4th Floor- North Wing, McBrien Administration Building
Martinez, CA 94553-0095
Telephone: (925) 313-2296 Contact Person: Cece
SeNgren - Public Works Dept.
Project Description, Common Name (if any) and Location: Las Trampas Creek Easement Vacation,
County File CP#03-20.
Project Description: The activity consists of the vacation of a portion of a Contra Costa County Flood
Control and Water Conservation District (District) easement (approximately 2,991 square feet) along the
northwest portion of APN 184-140-001. The property owners originally granted the easement to the District
for the purposes of constructing improvements on Las Trampas Creek. The improvements have been
completed and the District has determined that this portion of the easement is no longer needed and can be
vacated. (Fig. 4). Location: The activity is located in central Contra Costa County in the unincorporated.
portion of Walnut Creek (Figures 1 –4).
This project is exempt from CEQA as a:
— Ministerial Project(Sec. 15268) Other Statutory Exemption, Section
— Declared Emergency(Sec. 15269(a)) ✓ General Rule of Applicability[Section.15061(b)(3))
® Emergency Project(Sec. 15269(b)or(c))
— Categorical Exemption,
for the following reason(s): It can be seen with certainty that there is no possibility that the activity.may have a
significant adverse effect on the environment.
Date: By:
Community Development Department Representative
AFFIDAVIT OF FILING AND POSTING
I declare that on I received and posted this notice as required by
California Public Resources Code Section 21152(c). Said notice will remain posted for 30
days from the filing date..
Signature Title
Applicant:
County Public Works Department
255 Glacier Drive
Martinez, CA 94553
Attn: Trina Torres County Clerk Fee $50 Due
G:\GrpData\EngSvc\ENV1R0\2003 PrqJects\CEQA\N0E\LasTrampasCrk Ease-Vac.doc
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Notice of Exemption
Contra Costa County Community Development Department
651 Pine Street, 4th Floor- North Wing, McBrien Administration Building
Martinez, CA 94553-0095
Telephone: (925) 313-2296 Contact Person: Cece Sellgren - Public Warks Dept.
Project Description, Common Name (if any) and Location: Las Trampas Creek Easement Vacation,
County FileCF#03-20.
Project Description: The activity consists of the vacation of a portion of a Contra Costa County Mood
Control and Water Conservation District (District) easement (approximately 2,991 square feet) along the
northwest portion of APN 154-144-001. The property owners originally granted the easement to the District
for the purposes of constructing improvements on Las Trampas Creek. The improvements have been
completed and.the District has.determined that this portion of the easement is no longer needed and can be
vacated. (Fig. 4). Location: The activity is located in central Contra Costa County in the unincorporated
portion of Walnut Creek (Figures 1 —4).
This project is exempt from CEQA as a:
Ministerial Project(Sec. 15268) Other Statutory Exemption,Section
Declared Emergency(Sec. 15269(a)) ✓ General Rule of Applicability[Section 15061(b)(3)]
— Emergency Project(Sec. 15269(b)or(c))
— Categorical Exemption,
for the following reason(s): It can be seen with certainty that there is no possibility that the activity may have a
significant adverse effect on the environment.
Date: By:
Community Development Department Representative
AFFIDAVIT OF FILING AND POSTING
I declare that on i received and posted this notice as required by
California Public Resources Code Section 21152(c). Said notice will remain posted for 30
days from the filing date.
Signature Title
Applicant:
County Public Works Department
255 Glacier Drive
Martinez,CA 94553
Attn: Trina Torres County Clerk Fee$50 Due
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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
Mount Diablo YMCA in the amount of$95,500 for the provision of recreational programming in
County Service Area R-7A for the period July 1, 2002 to June 30, 2004, Alamo area. (District III)
Project No. 7758-6X5032
SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION
L RECOMMENDED ACTION:
APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with Mount
Diablo YMCA in the amount of$95,500 for the provision of recreational programming in County Service
Area R-7A for the period July 1, 2002 to June 30, 2004.
II. FISCAL IMPACT:
There is no impact to the County General Fund. County Service Area R-7A funds will pay 100% of the
costs associated with the recreational programming.
Continued on Attachment:X SIGNATURE:
ECOMMENDATION OF COUNTY ADMINISTRATO
RECOMMENDATION OF BOARD COMMITTEE
XPPROVE THER
— y
SIGNATURE(S):
ACTION OF B AON MAY 06, 2003 APPROVED AS RECOMMENDED xx OTHER
,adVOTE OF SUPERVISORS I hereby certify that this is a true and correct
Xx UNANIMOUS(ABSENT NONE ) copy of an action taken and entered on the
AYES: NOES: minutes of the Board of Supervisors on the date
ABSENT: ABSTAIN: shown.
DISTRICT III SEAT VACANT
ATTESTED: MAY 06, 2003
SE:sr
G:\GrpData\SpDist\Board Orders\2003\05-06-03 130-Mt Diablo YMCA.doc JOHN .SWEETEN, Clerk of the Board of
Orig.Div: Public Works(Special Districts)
Contact: Skip Epperly(3.13-2253) Supervisors and County Administrator
cc: County Administrator
Assessor
Auditor-Controller
Community Development By 4 � Deputy
County Counsel' ty' `7
Clerical Folder
Mt.Diablo YMCA
SUBJ19CT: APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with
Mount Diablo YMCA in the amount of$95,500 for the provision of recreational programming in
County Service Area R-7A for the period July 1, 2002 to June 30, 2004, Alamo area. (District III)
Project No. 775$-6X5032
BATE: May 6, 2003
PAGE: 2
III. REASONS FOR RECOMMENDATIONS AND BACKGROUND:
This is the fifth year that the YMCA will provide recreational programs for the youth in Alamo. The
Citizens Advisory Committee for County Service Area R-7A was very pleased with the programs offered
last year and has recommended that the YMCA continue to provide recreational programming, supplies,
materials, advertisement, and facility rentals in their community.
IV. CONSEQUENCES OF NEGATIVE ACTION:
Without Board approval this recreational programming for the youth in Alamo will not occur.
CONSULTING SERVICES AGREEMENT
1. Special Conditions.These Special Conditions are incorporated below by reference.
(a) Public Agency: Public Works Department
(b) Consultant's Name&Address: Mount Diablo Region YMCA
395 Civic Drive,Suite#G
Pleasant Hill, CA 94523
(c) Project Name, Number, & Location: Alamo R-7A YMCA Programming, 7758-6x5032,Alamo
(d) Effective Date: July 1, 2002
(e) Payment Limit(s): $95,500 ($43,500--July 1, 2002-June 30, 2003; $52,000-July 1, 2003-June 30, 2004)
(f) Completion Date(s): June 30, 2004
2. Signatures.These signatures attest the parties'agreement hereto:
PUBLIC AGENCY ONS TANT
By: Maurice M. Shiu # I
Public Works Director/ By:
Chief Engineer, or Designee (Designate official capacity n+h=bu V/60/
If Corporation, State of Incorporation: t , , ,t /-}�
B By:
(Designate official capaci in a iness)
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 ( f - }
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) is/are subscribed to the within instrument and acknowledged to me that he/e� to xecuted the same in
44.44egeir uthorized capacity(ies), and that by h4Aie signatures)on the instrumentielperson(s),or the entity
upon behalf of which the person(s)acted, executed the instrument.
WITNESS my hand and official seal. _.
Dated:
Notary Public
(Notary's Seal) J�HtJRAI�'K PERKiM
LeMY
Comm.#9230267
NOTARY PUBLIC•CA1tI OUTA
comm, Expires July 28,2003
........................................................
~^^. ' ^^,^
CONSULTING SERVICES AGREEMENT
�
3. Parties. Effective on the above date,the above-named Public �����n����e����
follows:
Agency ^
4. Employment.Public Agency hereby employs Consultant,and Consultant accepts ch ' perform the
profemo�nelaen�condemohbedherein, upon the b���aand inconoideroUonofthe peynl 'n stated' herein.
5, Scope of Service. Scope of service shall be as described in Exhibit A, attached hereto and made a part hereof by
this reference.
S. Report Disclosure Section.AnwdoounnentorwrittennaportpnmporedhareunderbyCunau|tont,oraouboontnantorfor
�
Public Agency shall contain, in a separate section, the numbers and dollar amounts of this contract and allsub-
contracts
ub-
oonbactano|eUnytothoprepanaionofmuohdooumnontorwrittannaport,pnovidedthattha' t|innitspe��edin
!
Sec. 1Aa\ 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 orwritten reports.
7. Insurance. Consultant shall, od no cost bmPublic 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.GO and a maximum deductible of $ —0— ; and (c) Comprehensive General Liability Insurance,
including blanket contractual(or contractual liability)coverage,broad form property damage coverage,and coverage
for owned and non-owned vehicles, with a minimum combined single limit coverage of $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
Public Works Del2artment,iLsitheir 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 PublicAg--, of policy'-,--` cancellation^ or material change in ~'`="ue'
»
! 8. Payment.Public Agency shall pay Consultant for professional services performed at the rates
�
attached to include incidental expenses, ' vYh�hnoadd�ono ' 'shall be
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allowed. Notwithstanding the foregoing, those incidental
� maknbun�d�ebyPubUo to Consultant,provided that expenses Consultant submits
' �o1 �� -'ceipts and. |endix - shall' --
^ a detailed mileage log to Public Agency. In no event shall the total amount paid to Consultant exceed the payment
: Unnt(m)specified iSec 1(a)without prior written approval of the Public Agency.Consultant's bitting statements shall
� oesubmitted at convenient intervals approved by Public and shall list, for each item of services, the
� Public xv0'' ~ ' �consultant in accordance withthe requirements of Civil
----~~~-~ ' ~~~~ ~~~,r~~~~'
:x Q. Status. The Consultant is an independent^contractm' and shall not beconsidered an employee of
Agency.
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10. Un���eUmo���n�d�wh�obypub� ��|omnp�eoUm���a
� ~ .�. ��'"" =""=°
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covered bvthis Agreementnolater than the Completion Daha(s)listed above.
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� 11. Record Retention and Auditing.Except for materials and records delivered to Public Agency,Consultant shall retain
�
�
all materials and records prepared or obtained inthe of this
Agreement,including financial records,for
m penooofatleamtfive years after raoa�tofthe fina pmyn�n�under this Agreement.Upon request by
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Public Agency,ndnoadditional charge,Consultant shall promptly make such records available to Public Agency,or
! toauthorized representatives mfthe state and federal governments, otaoonwanient!ocedunxvidhinContraC`ota
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County designated by Public Agency, and without restriction or limitation on their use.
-
� 12. Consultant shall prepare and deliver to Public Agency at no additional charge,the items described in
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Appendix Atodocument the performance ofthis Agreement and shall furnish to Public Agency such information as
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is necessary to enable Public Agency to monitor the performance of this Agreement.
- 13 and records of a finished nature,such as final plans,specifications,reports,
........ _..._.
CONSULTING SERVICES AGREEMENT
14. Extra Work.Any work or services in addition to the work or services described in Appendix A shall be performed by
Consultant according to the rates or charges listed in Appendix B. In the event that no rate or charge is listed for a
particular type of extra work, Consultant shall be paid for the extra work at a rate to be mutually agreed on prior to
commencement of the extra work.In no event shall Consultant be entitled to compensation for extra work unless a
written authorization or change order describing the work and payment terms has been executed by Public Agency
prior to the commencement of the work.
15. Payment Retention. Public Agency shall retain ten percent(10%)of the monies due the Consultant as security for
the fulfillment of this Agreement.After the Consultant has completed all work under this Agreement,submitted final
billing,and the Public Agency has found the work to be accurate,the Public Agency will pay all withheld funds.Public
Agency will pay withheld funds in accordance with the requirements of Civil Code Section 3320 as applicable. A
retention will not be withheld for any"on-call"work.
16. Termination by Public Agency.At its option, Public Agency shall have the right to terminate this Agreement at any
time by written notice to Consultant,whether or not Consultant is then in default.Upon such termination,Consultant
shall,without delay,deliver to Public Agency all materials and records prepared or obtained in the performance of
this Agreement, and shall be paid, without duplication, all amounts due for the services rendered up to the date of
termination.
17. Abandonment byConsultant. In the event the Consultant ceases performing services under this Agreement or
otherwise abandons the project prior to completing all of the services described in this Agreement,Consultant shall,
without delay, deliver to Public Agency all materials and records prepared or obtained in the performance of this
Agreement, and shall be paid for the reasonable value of the services performed up to the time of cessation or
abandonment,less a deduction for any damages or additional expenses which Public Agency incurs as a result of
such cessation or abandonment.
18. Breach: In the event that Consultant fails to perform any of the services described in this Agreement or otherwise
breaches this Agreement,Public Agency shall have the right to pursue all remedies provided 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. Complidnie 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 Copyriahts. 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.
CONSULTING SERVICES AGREEMENT
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.
25. Heirs,Successors and Assians.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:Exhibit A&B
Form approved by County Counsel(5100)
G:\GrpData\SpDst\Contract\YMCA2002-2004
EXHIBIT A
Scope of Services
Recreational Programming provided by the Mt.Diablo Regional YMCA to
Alamo Parks and Recreation(CSA R-7A)
The YMCA will provide:
o Leadership,administration,and operation of classes; examples of classes include:
• Pre-school: Tumbling,dance,cooking, language etc.
• Youth: Dance,crafts, science etc.
• Adult: Thai Chi,Yoga,Health and Fitness etc.
o Creation and implementation of new programs as recommended from.Alamo residents and
approved by R-7A.
o Promotion of classes and events offered by providing a quarterly Alamo Parks and Recreation
Activity guide.
o Overall programming coordination, administration, and implementation,which includes,but
is not limited to,procuring facilities and services,providing programming Instructors,
oversight of Instructors,and operating classes/events.
o Offering of Events that are already embraced by the Alamo Community and approved by R-
7A:
• Alamo Music Festival Youth and Teen Area(Use this also as a promotional area for start
of fall classes and programs).
• Music in Livorna'Park;Three events, dates and music to be determined with approval from
R-7A.
A written Staff Report shall be provided after each and at the conclusion of class sessions.The
Staff Report is to discuss information such as the estimated number of participants/attendees,
name,date and time of event,a determination of the overall success of the class/event,methods
of advertisement,recommendations to improve class/event in the future,and any other pertinent
information.Whenever feasible,participants/attendees should sign-in and indicate their address.
The Staff Reports should incorporate this information by discussing any trends of areas in Alamo
with higher levels of participation and future promotions should be influenced by this
information. The Staff Reports shall be presented to and accepted by both R-7A and County staff
prior to the YMCA submitting billings for a class/event. YMCA staff will participate in planning
meetings and events.
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MIBIT B
Contract Costs:
Estimated Cost Breakdown—Year I
o YMCA Staff($5,250 per quarter) $21,000.
o Promotional Costs (Alamo Today Ads, Direct Mailings, Advertisements, Banners, and Fliers)
=$5,400.
o Entertainment/Bands for Music in Livorna Park=$2,500.
o Supplies and Materials for Alamo Music Festival=$4,000.
o Program enrichment equipment$1,000.
0 50%subsidy of facility rentals for classes at Alamo Women's Club and United Methodist
Church,estimated at 32 weeks, 15 hours per week, at a cost of$40 per hour=$19,200
(19,200 divided by 2)-$9,600.
o Total Annual Cost 2002/2003 =$43,500.
Estimated Cost Breakdown—Year 2
o YMCA Staff($6,000 per quarter)=$24,000.
o Promotional Costs(Alamo Today Ads, Direct Mailings,Advertisements,Banners, and Fliers)
= $5,400.
o Entertainment/Bands for Music in Livorna Park= $2,500.
o Supplies and Materials for Alamo Music Festival=$4,000.
o Program enrichment equipment$1,500.
o 50%subsidy of facility rentals for classes at Alamo Women's Club and United Methodist
Church,estimated at 32 weeks, 15 hours per week, at a cost of$40 per hour $19,200
(19,200 divided by 2)=$9,600.
o Program Development Opportunities(Focus Groups,Assessment) $5,000
o Total Annual Cost 2003/2004=$52,000.
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