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HomeMy WebLinkAboutMINUTES - 06172003 - C1-C5 THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 17, 2003, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GLOVER AND DESAULNIER INTOES: NONE ABSENT: DONE ABSTAIN: NONE DISTRICT III SEAT VACANT SUBJECT: Award of Contract for 2003 Microsurfacing Project, south& central County areas. (Districts 1, 11, &V) Project No. 0662-684270-03 &0662- 6R4119-03 Bidder Total Amount Bond Amounts California Pavement Maintenance Company,Inc. $278,236.50 Payment: 9390 Elder Creek Road 8278,236.50 Sacramento, CA 95829 Performance: $278,236.50 Valley Slurry Seal Company West Sacramento, CA Graham Contractors, Inc. San Jose, CA Intermountain Slurry Seal, Inc. Watsonville, CA 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 Director of Public Works on May 13, 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 Equality Act as a Class 1(c) categorical exemption, and a Notice of Exemption having been filed with the County Clerk on March 18, 2003; and SUBJECT: AWARD OF CONTRACT FOR 2003 bIICROSURFACING PROJECT, SOUTH AND CENTRAL COUNTY AREAS. DATE: JUNE 17,2003 PAGE: 2 OF 3 The bidder listed first above, California Pavement Maintenance Company, Inc. ("CPM"), having submitted the lowest responsive and responsible bid,which is $38,947.25 less than the next lowest bid; and The Contract Compliance Officer having reported that CPM has documented an adequate good faith effort to comply with the requirements of the County's Outreach Program; and. The Director of Public Works recommending that the bid submitted by CPM 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 CPM, 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 CPM 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 Director of Public Works shall prepare the contract therefor; and 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 Director of Public Works has reviewed and found them to be sufficient, the Director of Public Works 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 Director of Public Works, or designee, 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 Director of Public Works 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 SUBJECT: AWARD OF CONTRACT FOR 2003 MICROSURF'ACING PROJECT, SOUTH AND CENTRAL COUNTY AREAS. .DATE: JUNE 17,2003 PAGE: 3 OF 3 Pursuant to Public Contract Code Section 4114, the Board DELEGATES its functions under Public Contract Code Sections 4107 and 4110 to the Director of Public Works or his designee; and Pursuant to Labor Code Section 6705, the Board also DELEGATES to the Director of Public Works 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 CPM 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 i 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 Orig.Div.:PW(Constr) cc: Auditor-Controller I hereby certify that this is a true and correct copy of an action E.Bruno,, no R.Bruno,Construction taken and entered on the minutes of the Board of Supervisors on Accounting the date shown. Consultant Design County Counsel JUNE 17, 2003 Contractor ATTESTED: sr,ety JOHN SWEETEN, Clerk of the Board of Supervisors and luc.ta G:�C3RYD4TA1CO2k52'iHtN,2001iA WART)-200]MICROSC3RFACING.pofi County Administrator By Deputy ! r THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 17, 2003,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE DISTRICT III SEAT VACANT SUBJECT: Award of Contract for 3r' Street Enhancement Project, Richmond area. (District I)Project No. 0662-6R4320-03 Bidder Total Amount :Bond Amounts Ghilotti Construction Company $492,036.55 Payment: 246 Ghilotti Avenue $492,036.55 Santa Rosa, CA 95407 Performance: $492,036.55 W.R. Forde Associates Richmond, CA Redgwick Construction Company Hayward, CA Ghilotti Bros., Inc. San Rafael, CA 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 Director of Public Works on May 13, 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 April 9, 2002; and SUBJECT: AWARD OF CONTRACT :FOR 3R° STREET ENHANCEMENT PROJECT, RICHMOND AREA.. DATE: NNE 17,2403 PAGE: 2 OF 3 The bidder listed first above, Ghilotti Construction Company("Ghilotti"), having submitted the lowest responsive and responsible bid, which is $24,963.45 less than the next lowest bid; and The Affirmative Action Office having reported that Ghilotti has attained Disadvantaged Business Enterprise (DBE)participation of 1.5% and the Affirmative Action Office having determined that Ghilotti has documented an adequate good faith effort to comply with the DBE goal and requirements for this project; and The Director of Public Works 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 a good faith effort to comply with the DBE goal and requirements for this project; 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 Director of Public Works shall prepare the contract therefor; and 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 Director of Public Works has reviewed and found thein to be sufficient, the Director of Public Works is authorized to sign the contract for this Board; and The Beard FURTHER ORDERS that in accordance with the project specifications and/or upon signature of the contract by the Director of Public Works, or designee 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 Director of Public Works 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 SUBJECT: AWARD OF CONTRACT FOR 3"' STREET ENHANCEMENT PROJECT, RICHMOND AREA. DATE: .TUNE l7,2003 PAGE: 3 OF 3 Pursuant to Public Contract Code Section 4114, the Board DELEGATES its functions under Public Contract Code Sections 4107 and 4110 to the Director of Public Works or his designee; and Pursuant to Labor Code Section 6705, the Board also DELEGATES to the Director of Public Works 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 Beard 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 Orig.Div.:PW(Constr) cc. Auditor-controller I hereby certify that this is a true and correct copy of an action E,Breva,, R.Bruno,Construction taken and entered on the minutes of the Board of Supervisors on Accounting the date shown. Consultant Design County Counsel JUNE 17 2003 Contractor ATTESTED: JUNE Surety ION SWEETEN, Clerk of the Board of Supervisors and MC:ta County Administrator (3:4GkrBAra\eo'J'sn9O%2003wAWAR,o-3 kDSrRE6TENtLiNCI:MENT.noC By ," .. Deputy TO: Board Of Supervisors FROM- Maurice M. Shiu, Public Works Director GATE: June 17, 2003 SUBJECT: Authorize the Public Works Director, or designee, to execute a consulting services agreement Amendment with TRS Consultants, Inc. for Subdivision Inspection,all County areas, (All Districts) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGRO71)AND JUSTIFICATION 1. Recommended Action: AUTHORIZE the Public Works Director, or designee,to execute a Contract Amendment with TRS Consultants, Inc. effective February 29,2003 to change the termination date from March 31,2003 to February 29, 2003. 11. Financial lmpact: There will be no impact on the County General Fund. Continued on attachment: X yes SIGNATURE: RECOMMEND77M OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROYE- OTHER 71 SIGNATURE ACTION OF BOARP JUNE 12. 2QO3� APPROVED AS RECOMMENDED XX OTHER r � VOTE OF SUPERVISORS NOES: I hereby certify that this is a true and correct copy of an i AYES: xx UNANIMOUSSENTNONE} action taken and entered on the minutes of the Board of _ NOES: ABSENT: ABSTAIN: Supervisors on the date shown. DISTRICT III SEAT VACANT ; Contact: Milo Carlson,(925)313-2321 JUNE I 2003 ATTESTED: JUNE Ong.Div.: PW(Constr) JOHN SWEETEN, Clerk of the Board of Supervisors and cc: Auditor-Controller E>Kuevor,CAO County Administrator R.Bruno,Construction R.Gilchrist,Accounting Consultant By Z � r Deputy MC:tb G:kGRPDATA1CONS71E W003%CSA-TRS-SUSINSPAMEND3.QOC SUBJECT: Authorize the Public Warks Director to approve a Consulting Services Agreement Amendment with TRS Consultants, Inc. DATE: JUNE 17, 2003 PAGE: 2 of 2 III. Reasons for Recommendations and Background: Bleed to terminate old contract so the new one can come into effect. IV. Conseguences of Negative Action: If the Consultant Services Agreement Amendment with TRS Consultants, Inc, is not terminated, it may not be possible to start the new contract. ti AMENDMENT Nth. 3 CONSULTING SERVICES AGREEMENT PROJECT NAME: Subdivision Inspection 1. Parties: Effective on February 29, 2003, the County of Contra Costa, a political subdivision of the State of California, hereinafter referred to as "Public Agency," and TRS Consultants, Inc., hereinafter referred to as "Consultant," mutually agree and promise as follows: 2. Purpose: The parties desire to terminate the "Consulting Services Agreement" effective February 29,2003. 3. Amendment(s) to Agreement: A. Item 1{f} "Completion Date" is amended to read February, 29, 2003. 4. Remaining Provisions: Except for the changes made by this Amendment, all previsions of the Agreement shall remain in full force and effect. 5. Signatures: These signatures attest the parties" agreement to this Amendment. PUBLIC AGENCY CONSULTANT By: Maurice M. Shiu By: �cs � Public Works Director (Designate official c parity in the business) Y (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 treasure. (Civ. Code, Sec. 1190 and Corps. Code, Sec. 313). The acknowledgement below must be signed by a Notary Public. CERTIFICATE OF ACKNOWLEDGEMENT State of California, ) ) s. County of Lo a On this 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) 4eare subscribed to the within instrument and acknowledged to me that.k*is-hefthey executed the same in bisAierYheir authorized capacity(ies), and that by }fir/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Dated: Notary's Sear LWHRG�r +CotHIY1N1#i+WRli ' c V -cam ARY BLIC_ c cow cam► pw" ►aci.apo APPROVED AS TO FORM: VICTOR J. WESTMAN County Counsel G:`GrpDatatConsttCatstracts}C,SAQ003tCSA-TRS-subinsp-am 3.doc lot TO: Board Of Supervisors FROM: Maurice M. Shiu, Public Works Director [SATE: June 17, 2003 SUBJECT: AUTHORIZE the Public Works Director, or designee, to execute a Consulting Services Agreement Amendment with Vali Cooper & Associates, Inc. for Subdivision Inspection, Countywide, (All Districts) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: AUTHORIZE the Public Works Director, or designee, to execrate a Contract Amendment with Vali Cooper& Associates, Inc., effective April 30, 2003 to change the termination date from June 30, 2003 to April 30, 2003. 11. Financial lrnpact: There will be no impact on the County General Fund. Continued on attachment: X yes SIGNATURE: u'L� (.-- hECC7MMEN©ATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE --APPROV"-{�—OTHER r J SIGNATURE S``----,t_t., - ACTION OF BOA ON: APPROVED AS RECOMMENDED xx OTHER_ VOTE OF SUPERVISORS NON I hereby certify that this is a true and correct copy of an xx UNANIMOUS (ABSENT action taken and entered on the minutes of the Board of AYES: NOES: Supervisors on the date shown. ABSENT: ABSTAIN: ! DISTRICT III SEAT (VACANT Contact: Mike Carlson,(925)313-2321 ATTESTED: JUNE 17 , 2003 Orig.Div.: PW(Constr) JOHN SWEETEN, Clerk of the Board of Supervisors and j cc: Auditor-Controtler E Kuevor,CAC) County Administrator i R:Bruno,Construction Accounting Consultant By z%t�'r_ , Deputy MC:tb G:\GRPOATA\CONSTIBO\2M3kCSA-VC-SUBNSPAiIA4.DOC SUBJECT: Authorize the Public Works director,or designee,to approve a Consulting Services Agreement Amendment with Vail Cooper&Associates, Inc. DATE: JUNE 17, 2003 PAGE: 2 of 2 Ili. Reasons for Recommendations and Background: Need to terminate old contract so the new one can come into effect. IV. Consequences of Neclative Action: If the Consultant Services Agreement Amendment with Vali Cooper& Associates, Inc. is not terminated, it may not be possible to start the new contract. AMENDMENT NO. 4 CONSULTING SERVICES AGREEMENT PROJECT NAME: Subdivision Inspection 1. Parties: Effective on April 30, 2003, the County of Contra Costa, a political subdivision of the State of California, hereinafter referred to as "Public Agency," and Vali Cooper & Associates, Inc., hereinafter referred to as "Consultant;" mutually agree and promise as follows: 2. Purpose: The parties desire to terminate the "Consulting Services Agreement" effective April 30, 2003. 3. Amendment(s)to Agreement: B. Item 1(f) "Completion Date" is amended to read April 30, 2003. 4. Remaining Provisions: Except for the changes made by this Amendment, all provisions of the Agreement shall remain in full force and effect. 5. Signatures: These signatures attest the parties` agreement to this Amendment. U�L1C AGENCY CONSULTANT 1 By: Maurice M. Shiu By: Public Works Director (designate official capacity in the business) By: v By: (Design 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 treasure. (CiV. Code, Sec. 1130 and Corps. Code, Sec. 313). The acknowledgement below must be signed by a Notary Public. CERTIFICATE OF ACKNOWLEDGEMENT State of California, ) )ss. County of On this 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) )Vare subscribed to the within instrument and acknowledged to me that Ks e/they executed the same in Ui hXf/their authorized capacity(i,>), and that by /tPLf /their signatures on the instrument the personX or the entity upon behalf of which the person(X) acted, executed the instrument. Witness my hand and official seal. Dated: [Notary's Seal] S�ONjpR MALAGA Comm.#1253893 NOTARY PUBLIC-CALIFORNIA Vt N O �+ P U B l l Contra Coste County hly Comm.Expires Poh.i t,2U05 r APPROVED AS TO FORM: SILVANO MARCNESI County Counsel G:1GrpData\Const%Contracts\CSA\20031CSANC-subinsp-em 4.doc TO: Board of Supervisors FROM: Maurice M. Shiu, Public Works Director DATE: June 17, 2003 SUBJECT: AUTHORIZE THE PUBLIC WORKS DIRECTOR, OR DESIGNEE, TO EXECUTE A CONSULTING SERVICES AGREEMENT WITH SUMMIT ASSOCIATES FOR THE PLEASANT HILL ROAD OVERLAY — MARSH DRIVE/CENTER AVENUE OVERLAY PROJECT IN THE AMOUNT OF $50,000, PLEASANT HILL AND PACHECO AREA. PROJECT NO.: 4660-6X4156-03 & 0652-6U4023-03, (DISTRICT IV) Specific Request(s)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 Pleasant Hill Road Overlay—Marsh Drive/Center Avenue Overlay Project in the amount of$50,000 for the period June 1, 2003 through December 31, 2004 II. Financial lmpact: There will be no impact on the County General Fund. The Consulting Services Agreement is for $50,000. (56% Local Road Funds, 23% City of Pleasant Hill, & 21% Measure C Funds) Continued on attachment: X yes SIGNATURE: �- RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVJi--_, OTHER SIGNATURES :` ACTION OF BOA D, N: flNF. 17 900 APPROVED AS RECOMMENDED xx OTHER VOTE OF SUPERVISORS xx UNANIMOUS (ABSENTNCNF� I hereby certify that this is a true and correct copy of an AYES: NOES: action taken and entered on the minutes of the Board of ABSENT: ABSTAIN: Supervisors on the date shown. DZSTIS'onac'f t eCanso'25)Yi# INT ATTESTED: JUNE 17� 2003 orig.Div.: PW(Constr) JOHN SWEETEN, Clerk of the Board of Supervisors and cc: Auditor-Controller B.xuevor,CAO County Administrator R.Bruno,Construction Accounting r Consultant By Deputy BF:tb X G:�GRPDATAtCONSnBO02O051CSA-SUMM{T-PHO VERLAY-MARSH-CENTEROVERLAY.DOC SUBJECT: AUTHORIZE PUBLIC WORKS DIRECTOR, OR DESIGNEE, TO EXECUTE A CONSULTING SERVICES AGREEMENT WITH SUMMIT ASSOCIATES DATE: JUNE 17, 2003 PACE 2OF2 111. Reasons for Recommendations and Background: The construction contract for the Pleasant Hill Road Overlay—Marsh Drive/Center Avenue Overlay Project was awarded to the lowest responsible bidder on June 3, 2003. Construction activities began on June 16, 2003 and the Consulting Services Agreement is from June 1, 2003 to December 31, 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. 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 23030 Clayton Road Suite 1380 Concord, CA 94520 �I1jG (c) Project Name, Number&Location: Pleasant Hill Road Overlay-Marsh Drive/Center Avenue Overlay Project, rd area, Project No,4660-6X4156-03&0662-6U4023-03, (District 4) V (d) Effective Date: June 1, 2003 (e) Payment Limit(s): $50,000 (f) Completion Date(s): December 31, 2004 (g) Federal Taxpayer's LD. or Social Security Number: 94-3401601 2. Signatures. These signatures attest the parties' agreement hereto: Recommended by Department CONSULTANT By: Maurice M. Shiu Public Works Director By: (Design to o cial capacity in the business Type of Business: (sole proprietorship, government agency,, partnership, corporation, etc.) If Corporation, State of Incorporation: (I-A.1--1 Fjg A.,t4 By: 7`94x1 bd+7` (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 ) County of On the date written below, before me, the undersigned Notary Public, personally appeared the personWsigning above for Consultant,personally known to me{ to be the person,{. ywhose name, isk,tfe subscribed to the within instrument and acknowledged to me that hel94040,eoy executed the same in his/4ofA4eir authorized capacity(ios'}; and that by his/494theia signatures on the instrument the persons ,, or the entity upon behalf of which the person,enacted, executed the instrument. WITNESS my hand and official seal. Dated: -- o ry Public (Notary's Seal) .�M G SA(M1ENTO Commission# 1381711 Notary Public - California ; Contra Costa County my Comm.Expires Oct 2b,2006 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 (e) 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. S. 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)fisted 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. 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. No retention will be withheld. 16. Termination by public Agency.At its option,Public Agency shall have the right to terminate this Agreement at anytime 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 services performed up to the time of cessation or abandonment,less a deduction for any damages or additional expenses which Public Agency incurs as a result of such cessation or abandonment. 18. Breach. In the event that Consultant fails to perform any of the services described in this Agreement or otherwise breaches this Agreement, Public Agency shall have the right to pursue all remedies provided by law or equity. Any disputes relating to the performance of this Agreement shall not be subject to non judicial arbitration. Any litigation involving this Agreement or relating to the work shall be brought in Contra Costa County,and Consultant herebywaives the removal provisions of Code of Civil Procedure Section 394. 19. Compliance with Laws. In performing this Agreement, Consultant shall comply with ail 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, 2£3, 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 perforin 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 Subcontractinca.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 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 defend, indemnify, 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 clamed or alleged to be due to, negligence or willful misconduct of Consultant,its officers,employees, agents, subconsultants,or any person under its direction or control,save and except claims or litigation arising through the sole negligence or sole willful misconduct of Public Agency, and will make good to and reimburse the indemnitees for any expenditures, including reasonable attorney's fees, the indemnitees may make by reason of such matters and, if requested by any of the indemnitees,will defend any such suits at the cost and expense of Consultant. 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, subconsultants, or any person under its direction or control. 25. Heirs, Successors and Assigns. Except as provided otherwise in Section 20 above,this Agreement shall inure to the benefit of and bind the heirs, successors, executors, personal representatives, and assigns of the parties. 26. Public Endorsements. 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, AttachmeriM Appendix A,Appendix H,and Appendix C perm approved by County Counset(3100) G:1GrpData\Const\Contracts1CSA120031CSA-St:mmit-PteasaniHitlRd-Marsh-CenterAve.doc Sunim't Asso 'iates 2300 Clayton(toad, $uite:1380 Phone: (925)363-5560 Concord, CA 94520 Fax: (925)363-5511 APPENDIX A Pleasant Fill Road Center Avenue, Marsh Drive Overlay Project Scope of Services May 22, 2003 PRE CONSTRUCTION SERVICES Constructability review of plans and specifications •: Review plans and specifications • Attend pre-construction meeting • Establish project filing system CONSTRUCTION SERVICES • Meetings -- Organize, .attend, and record weekly progress meetings anti issue resolution meetings: Attend safety meetings. • Submittals and RFIs'- review and,respond.to Rl~Is, Review and accept/reject submittals. Distribute RFls/Submittals:tri designers, etc. Track all kris/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 acrd submit for processing. • Change Orders a-rid 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. • Project Files--- Maintain project files throughput the project. • Reports —Prepare daily inspection reports and monthly progress reports, Submit to the County. Program & Construction Managers • 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. .POSY CONSTRUCTION SERVICES • Punch list and Final Inspection Prepare punch fist 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 Summit Associates 2300 Clayton Road, Suite 1380 Phone: (925) 363-5560 Concord, CA 94520 Fax. (925)363-5511 APPENDIX. B COST PROPOSAL for Construction Management Services Contra Costa County Public Works Department Pleasant Hill toad Center Avenue, Marsh Drive Overlay Project May 22, 2003 LABOR Position Hourly Rate Resident Engineer Inspector .` GI Inspector(.OT) 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 SummitAssociates, 2300 Clayton Road,Suite 1380 Phone: (925) 363-5560 Concord, CA 94520 Fax: (925) 363-5511 APPENDIX STAFF PROPOSAL for Construction Managernent.Services Contra Costa County Public Works Department Pleasant Hilt Road Center Ave, Marsh {give Overlay Project May 2 , 20103 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