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HomeMy WebLinkAboutMINUTES - 06242003 - C.1-C.6 THE BOARD OF SUPERVISORS CONTRA COSTA COUNT', CALIFORNIA Adopted this Order on June 24, 2003, by the following vote: AWES: SUPERVISORS GIOIA, UILKEMA, AND DESAULNIER NOES: NONE ABSENT: SUPERVISOR FEDERAL GLOVER ABSTAIN: NONE DISTRICT III SEAT VACANT SUBJECT: Award of Contract for 2003 Slurry Seal Project, South, Central &Nest County areas. (Districts I, II, III, &V) Project No. 0672-6U2872-03 Bidder Total Amount Bond Amounts California Pavement Maintenance $394,948.57 Payment: Company, Inc. $394,948.57 9390 Elder Creek Road Performance: Sacramento, CA 95829 $394,948.57 American Asphalt Repair Hayward, CA Graham Contractors, Inc. San Jose, CA Valley Slurry Seal Company Nest Sacramento, 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 20, 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 l(c)categorical exemption, and a Notice of Exemption having been filed with the County Clerk on March 20, 2003; and SUBJECT: AWARD OF CONTRACT FOR 2003 SLURRY SEAL PROJECT, SOUTH, CENTRAL, & WEST COUNTY AREAS, DATE: JUNE 24,2003 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 $7,467.98 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 rotumed 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, 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 SLURRY SEAL PROJECT, SOUTH, CENTRAL, & WEST COUNT'AREAS. DATE: JUNE 24,2003 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 sharing,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 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.xuev©r,CAO taken and entered on the minutes of the Board of Supervisors on R.Bruno,Construction Accounting the date shown. Consultant Design County Counsel JUNE Q Q contractor ATTESTED: s surety JOHN SWEETEN, Clerk of the Board of Supervisors and MC:tb County Administrator G:,GRPDATA',CONSTJ30120031A W ARD-2003SLURRYS EAL.DOC B Deputy 1 B, r 't � THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 24, 2003,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, AND DESAULNIER NOES: NONE ABSENT: SUPERVISOR FEDERAL GLOVER ABSTAIN: NONE DISTRICT III SEAT VACANT SUBJECT: Award of Contract for El Sobrante Area Overlay—Pavement Replacement Project, El Sobrante area. (District I)Project No. 0652-5R4264-03 Bidder Total Amount Bond Amounts MCK Services, Inc. $293,656.50 Payment: P.O. Box 5697 $293,655.50 Concord, CA 94524 Performance: $293,655.50 Redgwick Construction Company Hayward, CA Ghilotti Construction Company, Inc. Santa Rosa, 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 20, 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 February 12, 2002, and March 28, 2002; and SUBJECT: AWARD OF CONTRACT FOR EL SOBRANTE AREA OVERLAY - PAVEMENT REPLACEMENT PROJECT,EL SOBRANTE AREA, DATE: JUNE 24,2003 PAGE: 2 OF 3 The bidder listed first above, MCK Services, Inc. ("MCK'),having submitted the lowest responsive and responsible bid, which is $29,777.00 less than the next lowest bid; and The Contract Compliance Officer having reported that MCK has documented an adequate good faith effort to comply with the requirements of the County's Outreach Program; and The Director of Public Warks recommending that the bid submitted by MCK 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 MCK,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 MCK 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, 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 EL SOBRANTE AREA OVERLAY — PAVEMENT REPLACEMENT PROJECT,EL SOBRANTE AREA. DATE: TUNE 24,2003 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 MCK 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 51005107). 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.Kuevor,CAO taken and entered on the minutes of the Board of Supervisors on R.Bruno,Construction Accounting the date shown. Consultant Design County Counsel JUNE 249 2003 Contractor ATTESTED: Surety JOHN SWEETEN, Clerk of the Board of Supervisors and MC:tb County Administrator O'.\C,"D ATA\CON Sr BO\2003\A W ARD.ELSOBRANrE-PA V EMENTREPLACEM ENT.DOC BY�� `✓ ,Deputy t THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA Adapted this Order on June 24, 2003,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, AND DESAULNIER NOES: NONE ABSENT: SUPERVISOR FEDERAL GLOVER ABSTAIN: NONE DISTRICT III SEAT VACANT SUBJECT: Award of Contract for Clark Street Reconstruction Project, Crockett area, {District II}Project No.: 0652-584298-02 Bidder Total Amount Bond Amounts Ghilotti Construction Company, Inc. $171,216.50 Payment: 246 Ghilotti Avenue $171,216.50 Santa Rosa, CA 95407 Performance: $1'71,215.50 Bay Cities Paving & Grading, Inc. Concord, CA W. R. Forde Associates Richmond, CA Fanfa, Inc. San Lorenzo, CA Bay Pride Construction, Inc. San Leandro, CA Bruce Carone Grading &Paving, Inc. Concord, 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 27, 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 interested party upon request; and SUBJECT: AWARD OF CONTRACT FOR CLARK STREET RECONSTRUCTION PROJECT, CROCK.ETT AREA. DATE. JUNE 24,2043 PAGE 20173 The Board of Supervisors having determined that the project is exempt from the California Environmental Quality Act as a Class 9(c) categorical exemption, and a Notice of Exemption having been filed with the County Clerk on January 22, 2002; and The Affirmative Action Officer having reported that the lowest monetary bidder,Harold Hutson Construction("Hutson."),has failed to document an adequate good faith effort to comply with the requirements of the County's Outreach Program, as provided in the project specifications, and the Affirmative Action Officer recommending rejection ofHutson's bid; and Hutson having been notified in writing of the Affirmative Action Officer's determination, and having failed to appeal it, as provided in the project specifications; and The bidder listed first above, Ghilotti Construction Company, Inc. ("Ghilotti"), having submitted the lowest responsive and responsible bid,which is $5,319.00 less than the next lowest bid; and The Affirmative Action 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 Board having considered the documentation of good faith effort submitted by Ghilotti; 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 DETERMINES that the lowest monetary bidder, Hutson,has failed to document an adequate good faith effort to comply with the requirements of the County's Outreach Program, as provided in the project specifications, and the Board FURTHER DETERMINES that Hutson's bid is non-responsive and REJECTS said bid on that basis; 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 them to be sufficient, the Director of Public Works, or designee,is authorized to sign the contract for this Board; and SUBJECT: AWARD OF CONTRACT FOR CLARK. STREET RECONSTRUCTION PROJECT, CROCKETT AREA. DATE: JUNE 24,2003 PAGE 3 OF 3 The Board FURTHER ORDERS that in accordance with the project specifications and/or upon signature of the contract by the Director of Public Works, 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 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 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)313-2322 1 hereby certify that this is a true and correct copy of an action, Orig.Div.:PW(Constr) taken and entered on the minutes of the Board of Supervisors on cc: Auditor-Controller the date shown. F.Kuevor,CAO K Bruno,Construction Accounting Consultant DesignATTESTED: JUNE 24 , 2003 County Counsel JOHN SWEETEN, Clerk of the Board of Supervisors and Contractor County Administrator surety MC:tb De.1GRPi7ATA1C:ONST190�2U431.AWAlYCC}-ARKSTRECC}NSTaLJCTION.M7C y___ u_ ,r tiDeputy TO: Board Of Supervisors FROM: Maurice M. Shiu, Public Works Director DATE: June 24, 2003 SUBJECT: AUTHORIZE the Public Works Director, or designee, to execute a consulting services agreement with Berryman & Henigar, Inc. for Utility Permit Inspection, Countywide (All Districts) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION 1, Recommended Action: AUTHORIZE the Public Works Director, or designee,to execute a Consulting Services Agreement with Berryman& Henigar, Inc. for Utility Permit Inspection.The duration of the contract is from June 1, 2443 to June 30, 2004. 11, Financial Impact: There will be no impact on the County General Fund, The Consulting Services Agreement is for $75,000.00 and shall be paid for by Permit Fees (100%). i z �s 1 Continued can attachment: XesSIGNATURE. y -- RECOMM9NDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE (S): ACTION OF BOA N: JUNE APPROVED AS RECOMMENDED OTHER �j VOTE OF SUPERVISORS xx UNANIMOUS(ABSENT NONE 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. DISTRICT III SEAT VACANT Contact: Mike Carlson,(925)313-2321 ,JUNE 24 2003 ATTESTED: � Orifi.div.: PW(Constr) cc: Auditor-Controller JOHN SWEETEN, Clerk of the Board of Supervisors and E.Kuevor,CAO ' County Administrator ! R.Bruno,Construction i Accounting Consultant ByDeputy MC.tb G:\GRPDATA�CDNS'nSOUW kCSA-B&H-UTILITYP€RMITINSP€CTiON.DCC SUBJECT: Authorize tate Public works Director,or designee,to approve a Consulting Services Agreement with Berryman & Henigar, Inc. DATE: JUNE 24, 2003 PAGE 2 of 2 Ill. Reasons for Recommendations and Background: Due to the overwhelming amount of Utility Encroachments in Centra Costa County, it is necessary to offer assistance to our field inspectors. A trial program is being implemented to oversee and inspect utility encroachment permits during this construction season. This inspectors sole responsibility will be to oversee utility encroachments. By providing more oversite to the utility encroachments,the Public Works Department expects better performance from their trenches.This intem will increase the life of the surrounding pavements and lessen the pavement maintenance monies spent in these locations. Berryman & Henigar, Inc. was selected from a field of over ten consulting firms. IV. Consequences of Negative Action: If the Consultant Services Agreement with Berryman & Henigar, Inc. is not approved, it may not be possible to complete inspections. f 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: Berryman & Henigar 6150 Stoneridge Mail Road, Suite 370 Pleasanton, CA 94588-3241 (c) Project Name, Number, & Location: Utility Inspection, (d) Effective Date: June 1, 2003 (e) Payment Limit(s): $75,000.00 (f) Completion Date(s): June 30, 2004 (g) Federal Taxpayer's I.D. or Social Security Number: "-- �j . 2. Signatures. These signatures attest the parties' agreement hereto: PUBLIC AGENCY CONSU ANT By: Maurice M. Shiu Public Works Director/ By: {designa e official capac' in the bHess Type of Business: (sole proprietorship, go,06rnment ag ncy, partnership, corporation, etc.) If Corporation, Stat of In tion: By: By: ( nate official capacity in the business) Note to Consultant: For corporations, the contract must be signed by two officers. The first signature must be,that of the chairman of the board, president, or vice-president; the second signature must be that of the secretary, assistant secretary, chief financial officer,or assistant treasurer. (Civ.Code,Sec. 1190 and Corps.Code.Sec. 313.)The acknowledgment below must be signed by a Notary Public. CERTIFICATE OF ACKNOWLEDGMENT State of California ) ss. On the date written below, before undersigned Notary Public, personally appeared the person(of signing above for Constant,personally known to me or roved to on the basisZEEsEac o evi enc o be the person(o whose name{V is/a subscribed to the within instrument and acknowledged to me that hes e t;y executed the same in his/hor/tWr authorized capacity(i ), and that by his/hor/thgfr signature n the instrument the persory¢s , or the entity upon behalf of which the person(A) acted, executed the instrument. WITNESS my hand and official seal. Dated: otary Public (Notary's Seal) JEFF BEAR4EN COMM.#1394992 -� ►� NOfiARY PtJ�uC•CALIE0RN�1 ALAMEDA C0t1MY MY Corm,Expires.Jan.2I,2007 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 $8,600. 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$50,000.60; 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 36 days'written notice to Public Agency of policy lapse,cancellation or material change in coverage. 8. Payment, Public Agency shall pay Consultant for professional services performed at the rates shown in Appendix B attached hereto, which include all overhead and incidental expenses, for which no additional compensation shall be allowed. Notwithstanding the foregoing, those incidental expenses specifically itemized in Appendix B shall be reimbursable by Public Agency to Consultant,provided that Consultant submits copies of receipts and,if applicable,a detailed mileage log to Public Agency. in no event shall the total amount paid to Consultant exceed the payment limit(s) specified in Sec. 1(e) without prior written approval of the Public Agency. Consultant's billing statements shall be submitted at convenient intervals approved by Public Agency and shall list, for each item of services, the employee categories, hours and rates. Public Agency will pay consultant in accordance with the requirements of Civil Code Section 3320 as applicable. 9. Status.The Consultant is an independent contractor, and shall not be considered an employee of Public Agency. 10. Time for Completion. Unless the time is extended in writing by Public Agency, Consultant shall complete all services covered by this Agreement no later than the Completion Date(s)listed above. 11. Record Retention and Auditing. Except for materials and records delivered to Public Agency,Consultant shall retain all materials and records prepared or obtained in the performance of this Agreement, including financial records,for a period of at least five years after Consultant's receipt of the final payment under this Agreement. Upon request by Public Agency, at no additional charge, Consultant shall promptly make such records available to Public Agency, or to authorized representatives of the state and federal governments,at a convenient location within Contra Costa County designated by Public Agency, and without restriction or limitation on their use. 12. Documentation.Consultant shall prepare and deliver to Public Agency at no additional charge,the items described in Appendix A to document the performance of this Agreement and shall furnish to Public Agency such information as is necessary to enable Public Agency to monitor the performance of this Agreement. 13. Ownership of Documents.All materials and records of a finished nature,such as final plans, specifications, reports, and maps,prepared or obtained in the performance of this Agreement,shall be delivered to and become the property of Public Agency.All materials of a preliminary nature,such as survey notes,sketches,preliminary plans,computations and other data,prepared or obtained in the performance of this Agreement,shall be made available,upon request,to Public Agency at no additional charge and without restriction or limitation on their use. 14. Extra Work.Any work or services in addition to the work or services described in Appendix A shall be performed by Consultant according to the rates or charges listed in Appendix B. In the event that no rate or charge is listed for a particular type of extra work, Consultant shall be paid for the extra work at a rate to be mutually agreed on prior to commencement of the extra work. In no event shall Consultant be entitled to compensation for extra work unless a written authorization or change order describing the work and payment terms has been executed by Public Agency prior to the commencement of the work. 15. Payment Retention. A retention will not be withheld for any„on-call"work. 16. Termination by Public Agencv.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 reasonable value of the services performed up to the time of cessation or abandonment,less a deduction for any damages or additional expenses which Public Agency incurs as a result of such cessation or abandonment. 18. Breach. In the event that Consultant fails to perform any of the services described in this Agreement or otherwise breaches this Agreement, Public Agency shall have the right to pursue all remedies provided by law or equity. Any disputes relating to the performance of this Agreement shall not be subject to non-judicial arbitration. Any litigation involving this Agreement or relating to the work shall be brought in Contra Costa County,and Consultant herebywalves the removal provisions of Code of Civil Procedure Section 394. 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 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, costs,suits,liabilities,and expenses for any damage,injury,or death(collectively"Liabli€ty')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 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. 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 replacement shall possess training,experience and credentials comparable to those of the person being replaced. 28. Disadvantaged Business Enterprise(DBE)Requirements (Federal aid_nroiects 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 projects 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(I I/GO) G;\GrpData\Cons,%Contracts\CSA\2003%CSA-B&H-Utltitylnspecti on.doc S CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Ca€lf� ss. r - , .county of i On i before me, Data ""I le of Officer(a.g..'Jane ae,Notarypupersonally appeared NaZersonally s) known to me proved to me on the basis of satisfactory evidence to be the personfWwhose name(orlslass- subscr€bed to the within instrument and acknowledged to me that helsttay executed s ,�.�.., the same in hisli�flh+eir authorized MARY K. capacity(j� and that by hislhA% i% *. C #1406741 signature(en the instrument the person or 1 -�r the tity upon behalf of which the person(,. ��Cow* eted, executed the instr m MYCOMM.Eq*esApr1. 7 W€TN an officia al. b OPTIONAL Sfg»a a of Notary Puflfio 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. Description of Atte Qocum t Title or Type of Docume Document Date: Number Zagej_�_ Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: 0019 [iIndividual Top of thumb here 11 Corporate Officer—Title(s): El Partner—G Limited El General El Attomey-in-Fact Trustee ❑ Guard€an or Conservator O Other: Signer is Representing: 0 t999 Na0mal Notary Assoclation•9350 De Soto Ave.,P.0.Box 2402•Chatsworth.,CA 91313.2402 www.nationa!notary.org Prod.No.5907 Reorder:Cat;To"ree 1.800-878-8827 Appendix A Scope of Service On-Call Utility Permit Inspection Services Submitted by: Berryman & Henigar Submitted [date: June 92, 2003 Consultant will provide permit inspection services assisting Contra Costa County Public Works (County) staff in performing utility inspection and permit inspections for work within public right-of-way. Consultant will perform some or all of the following tasks as part of the services provided: 1. Attend pre-construction meeting with County representatives, contractor, and other consultants as necessary to discuss the approved plans and applicable standards and specifications.to the County. 2. Perform daily observations and prepare daily written reports focusing on the quality of the work performed, staff levels and progress. 3. Inspect all improvements on a daily basis to assure they are constructed are as designed and are within tolerances. 4. Photographs will be taken, as may be required, of existing facilities and public improvements to substantiate before and after conditions. 5. Adequate records will be kept during the course of the work of the ongoing construction to verify the as-built drawings are complete. 6. Follow all applicable County standards and procedures and any state and federal requirements as appropriate. 7. Monitor the utility contractor's work and attempt to minimize the impacts upon public safety and convenience. & 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. 9. 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. 10. 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. .Page 1 of 4 11. Identify actual and potential problems associated with the construction and recommend sound solutions to the County. 12. 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. 13. Oversee compliance with environmental requirements. 14. Develop a database of all available permits open within the project area. 15. Establish and implement a set of procedures for the previous amount of review and inspection for all utility encroachment permits for the previous year. 16. Meet with all utility companies within the project limits of the work area to outline new procedures forthe County's utility inspection program. 17. Create a database for logging the permit inspections. 18. Perform a post project analysis to determine the successes and failures of the project. 19. Field Testing Services - Schedule and coordinate field-testing services. ➢ Laboratory Testing Services - Schedule and coordinate laboratory testing services. ➢ Computer Support - Provide all required computer support including hardware and software to perform task listed in this Scope of Service. Berryman & Henigar shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs;in. connection with the work, since these are the solely the construction contractor's responsibility. Berryman & Henigar shall not be responsible for the construction contractor's schedules or failure to carry out the work in accordance with the contract documents. Berryman & Henigar shall not have control over or charge of acts or omissions of the construction contractor, subcontractors, or their agents or employees, or of any other persons performing portions of the work. Page 2 of 4 Appendix B Pilling Rates On-Call Utility Permit inspection Services Submitted by: Berryman & Henigar Submitted Date: June 12, 2003 Principal Engineer $180.00 per hour Project Manager/ Quality Control $140.00 per hour Construction Manager $97.00 per hour Staff Design Engineer $95.00 per hour Public Works Inspector (Civil Engineer) $100.00 per hour Engineering Technician $65.00 per hour Drafter $65.00 per hour Clerical $50.00 per hour Overtime Prates of 1.2 times the above hourly rates will used for work outside of the 8-hour workday. Hourly rate for field personnel include fully equipped vehicles, including fuel, laptop, cell phones, etc. The hourly rates also include miscellaneous direct charge items, such as copies, faxes, photos, videos and postage. Direct charges for work outside of Exhibit A, Scope of Work, will be charge at cost plus 15%. Page 3 of 4 Appendix Project Personnel Can-Gall Utility Permit Inspection Services Submitted by: Benyman & Heniger Submitted Date: July 29, 2002 Principal Engineer Dennis Klingelhofer, P.E. Project Manager I Quality Control Joubin Pakpour, P.E. Construction Manager Chuck Dompier Public Works Inspector (Civil Engineer) Victor Dung, E.I.T. Brandon Laurie Clerical Eileen Swalley Individuals shown in bald are assigned to this project. Page 4 of 4 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR DATE: June 24,2003 SUBJECT: Sixth Amendment to Agreement No. 124 to Provide Right of Way Services to the Centra Costa Transportation Authority. Pittsburg area. (District V) Project No.:4660-6X4287 Task: ACQ Account: 3540 SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION L Recommended Action: APPROVE the sixth Amendment to Agreement No. 124, effective May 21, 2003,to provide right of way services by the County to the Contra Costa Transportation Authority for the State Route 4 East, Railroad Avenue to Loveridge Road project and AUTHORIZE the Chair,Board of Supervisors,to sign the agreement on behalf of the County. II. Fiscal IMpact: Contra Costa Transportation Authority will pay the actual costs for Real Property staff right of way services. III. Background and Reasons for Recommendations: The Contra Costa Transportation Authority requires a variety of right of way services but has no right of way staff and has contracted with the County for these services. On January 1,2000 the Board approved the original agreement for the State Route 4 East Railroad Avenue to Loveridge Road project. The above- referenced amendment increases the total agreement value by$740,000 for a new overall total Agreement value of$4,810,500. All other terms and conditions of the original agreement remain in effect. IV. Consequences of Negative Action: The Contra Costa Transportation Authority would 4ot De able to contract for the County's right of way services. '✓ _\ Continued on Attachment: SIGNATURE: �" L-- 7` CCIMMENDATION OF COUNTY ADMINISTRATOR RFCOMMENllX�ION OF BOARD COMMITTEE _APPROVE _OTHE -;� SIGNATURE(S).`�. � .. ACTION OF BOAAV ON JURE 24 0.3APPROVED As RECOMMENDED XX OTHER t VOTE OF SL Es ISORS XX UNANIMOUS(ABSENT NONE ) AYES: NOES: ABSENT: ABSTAIN: DISTRICT III SEAT VACANT I hereby certify that this is a true and correct DM:eh copy of an action taken and entered on the G:\GrpData\RealProp\2C�03-Files�BOs&RESIBOSR4CCTA AgrI24Amend&doc minutes of the Board of Supervisors on the Orig.Div: Public Works(R/P) date shown. Contact: Karen Laws(313-2228) JUNE N 2 42003 cc: County Administrator ATTESTED: s Auditor-Controller(via RJP) JOHN SWEETEN,Clerk of the Board of P.W.Accounting Supervisors and County Administrator Board Orders Senior Clerk,Adm. By .,4_50: ` Deputy CONTRA COSTA TRANSPORTATION AUTHORITY ORIGINAL SIXTH AMENDMENT TO OCTA AGREEMENT NO. 124 WITH CONTRA COSTA COUNTY FOR STATE ROUTE 4 (EAST)WIDENING PROTECT-RAILROAD AVENUE TO LOVERIDGE ROAD: RIGHT OF WAY ACQUISITION SERVICES May 21, 2003 WHEREAS, the Contra Costa Transportation Authority and Contra Costa County Real Property Division ("CONSULTANT")entered in Agreement No. 124 on January 1, 2000 with a not to exceed amount of$60,000 to prepare title reports for certain "advance acquisition"parcels; and WHEREAS, the parties entered into the first amendment to the agreement on May 17, 2000 to amend the scope-of-services to include acquisition of the properties on Frontage Road, and accordingly increase the total compensation to $550,000 and WHEREAS,the parties entered into the second amendment to the agreement on April 1$,2001 to modify the geographic limits of the corridor; and WHEREAS, the parties entered into the third amendment to the agreement on May 16, 2001 to amend the scope-of-services to include(1) acquisition of all properties needed for the Railroad to Loveridge project, (2) demolition of the properties on Frontage Road, and to increase the total compensation to $1,225,000; and WHEREAS,the parties entered into the fourth amendment to the agreement on September 19, 2001 to correct the needed funding for the third amendment by increasing the total compensation to $1,775,000, and WHEREAS,the parties entered into the fifth amendment to the agreement on April 17, 2002 to include(1) demolition of all remaining properties acquired for the project, and(2)condemnation activities for certain parcels, and(3)to acknowledge an increase in the actual costs for Frontage Road demolition increasing the total compensation to $4,070,500; and WHEREAS, the parties now wish to amend the scope-of-services to include (1) condemnation activities including expert witness and legal counsel to perform trial services (2)updated appraisal services and (3) right-of-way close out activities, now therefore be it MUTUALLY AGREED. (1) that Article 4 of the Agreement is amended to increase the base work compensation by$740,000 for an overall total Agreement Value of$4,$10,500; and 6.3-5 (2) that all other items and conditions of the Agreement shall remain in effect. In witness whereof, the parties hereto to have executed this Sixth Amendment to the Agreement as of the day and year above written. COUNTY OF CONTRA COSTA CONTRA COSTA TRANSPORTATION AUTHORITY Mark De5aulnier, Chair Julie Pierce, Chair Board of Supervisors ATTEST: JUNE 24,- 2003 ATTEST: JOHN SWEETEN Clerk of the Board of Supervisors Robe . McClea xecutive Di ector And County Administrator By: -�--- D6uty 6.3-6 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: June 24, 2003 SUBJECT: APPROVE and AUTHORIZE the Chair, Board of Supervisors,to execute an Agreement to Provide Right of Way Services to the City of Walnut Creek. (District III) Project No. 4510-6X3013 SPECIFIC REQUEST(S)OR RECOMMENDATION($)&BACKGROUND AND JUSTIFICATION L Recommended Action: APPROVE the agreement in the amount of$3,000.00 to provide right of way services to the City of Walnut Creek,effective March 31, 2003 through completion of project, for the Seismic Retrofit of Las Trampas Bridge Project, and AUTHORIZE the Chair, Board of Supervisors to sign the Agreement on behalf of the County. If. Fiscal Impact: The City of Walnut Creek will pay the actual costs for Real Property staff right of way services. Ill. Background and Reasons for Recommendations: The City of Walnut Creek has no right of way staff and desires to contract with the County for property appraisal and acquisition services. IV. Consequences of Negative Action: Less efficient government because the City of Walnut Creek would have to contract With another certified agency at a greater expense. Continued on Attachment: SIGNATURE: � RECOMMENDATION OF COUNTY ADMINISTRATOR —RECOMMENDATION OF BOARD COMMITTEE _-APPROVE OTHER SIGNATURE(S): ACTION OF BOA ON APPROVED AS RECOMMENDED OTHER-- VOTE.OF SUPERVISORS xx UNANIMOUS(ABSENT ) AYES:_ NOES: ABSENT: ABSTAIN: I hereby certify that this is a true and correct DISTRICT III SEAT �AACANT copy of an action taken and entered on the minutes of the Board of Supervisors on the KAL:dm:eh date shown. G:\GrpData\Rea#Prop\2003-EI#es\BOs&RES\8020 City of WALNUTCREEK.doc Orig.Div: Public Works(RIP) ATTESTED:_ JUNE 24. 2 003 J Contact: Donna Murdock(313-2188) JOHN SWEETEN,Clerk of the Board of cc: County Administrator Supervisors and County Administrator Auditor-Controller(via RIP) B ` P.W.Accounting y Deputy Board Orders Senior Clerk,Adm. AGREEMENT FOR ACQUISITION SERVICES 1. Effective Daae and Parties. Effective on March 31, 2003, the COUNTY OF CONTRA COSTA, a political subdivision of the State of California (hereinafter referred to as "County"), and the CITY OF WALNUT CREEK, a municipal corporation (hereinafter referred to as "CITY"), hereby mutually promise and agree as follows: 2. Purpose. The City is planning the Seismic Retrofit of the Las Trampas Bridge on California Boulevard Project, (W.O. 0539), during the summer of 2003. The City has no right of way staff and desires to contract with the County for property appraisal and acquisition services. 3. Services by County. The services to be rendered by County to City may include appraisal, appraisal review, negotiation, land rights document preparation, right of way acquisition, relocation, and/or supervision of independent contractors providing such services. OR County reserves the right to decline to provide services requested by City on a project by project basis. 4. Payment for Services. City agrees to reimburse County for all labor costs and appropriate overhead for County Real Property Agents labor including overtime rates for evening or weekend work (See Appendix "A" for pay rates). City shall pay all acquisition settlement and any other costs of acquisition such as title fees, recording fees, etc. Such payment shall be made within 30 days of billing by County. The cost estimate for this project is $3,000. 5. Indemnification. County agrees to indemnify and hold harmless City from the County's share of liability for damages caused by the negligence or willful misconduct of the County, its officers, agents or employees in the County's performance under this Agreement. County's obligations under this section shall not apply to any claim, cost or liability caused in whole or in part by the negligence or willful misconduct of the City. Under no circumstances shall County have any liability to City or to any other person or entity, for consequential or special damages, or for any damages based on loss of use, revenue, profits or business opportunities arising from or in any way relating to County's performance under this Agreement. City shall defend, indemnify and save harmless County, its officers and employees from all claims, suits or actions of every name, kind and description brought by or on account of injuries to or death of any person or damage to property resulting from anything done or omitted to be done by City, its officers, agents or employees under or in connection with this agreement or with any work, authority or jurisdiction of City. 6. Independent Status. Nothing herein shall be construed to imply that any County employee providing services hereunder is a City employee. 7. Term. The term of this agreement shall commence on the effective date hereof and shall end upon termination by either party upon 30 days written notice. The rights and obligations of Paragraph 5 "Indemnification" shall survive any such termination. COUNTY OF CONTRA COSTA CITY OF WALNUT CREEK By �. f Chair, Board of Supervisors lic Servicesirector ATTEST: JUNE 24, 2003 John Sweeten, REVIEWED BY: Clerk of the Board of Supervisors And County Administrator By 1s u By l� D uty City Attorney Recommended to the County Board of Supervisors for Approval By PriAcIpa1 Real Property Agent "R l Public arks Director ~ -, 21 9 f: Y APPENDIX "A" (Rates Effective October 1, 2002) REGULAR TIME OVERTIME From To From To Prinical Real Property Agent 119.00 165.00 122.00 170.00 Supervising Real Property Agent 99.00 135.00 100.00 140.00 Senior Real Property Agent 88.00 125.00 89.00 130.00 Associate Real Property Agent 79.00 115.00 79.00 120.00 Assistant Real Property Agent 68.00 95.00 67.00 95.00 Senior Real Property Tech Asst. 63.00 90.00 62.00 90.00 Real Property Tech Asst. 54.00 80.00 52.00 80.00 Assistant County Surveyor 105.00 135.00 108.00 140.00 Eng Tech Supervisor-Land Survey 78.00 115.00 80.00 115.00 Engineer Tech Senior 75.00 105.00 75.00 105.00 Engineer Tech .tourney 66.00 90.00 65.00 90.00 Engineer Tech Entry 49.00 75.00 47.00 80.00 CARD Operator 61.00 85.00 60.00 85.00 Senior Civil Engineer 115.00 160.00 118.00 165.00 Engineer- Journey 92.00 135.00 93.00 140.00 Account Clerk Advanced 52.00 75.00 52.00 75.00 Note- Rates will change periodically due to contracted salary Increases and overhead changes Rates for individual employees vary because of steps within each classification. AppdxArealprop4/17/03