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Home My WebLink AboutMINUTES - 06032003 - C8 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: JUNE 3, 2003 SUBJECT: AUTHORIZE THE PUBLIC WORKS DIRECTOR, OR DESIGNEE, TO EXECUTE A CONSULTING SERVICES AGREEMENT WITH PARSONS BRINCKERHOFF CONSTRUCTION SERVICES, INC. FOR THE BYRON HIGHWAY MODIFICATION PROJECT IN THE AMOUNT OF$70,000, BYRON AREA, PROJECT NO.:0662-6R4240- 01, (DISTRICT 111) 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 Parsons Brinckerhoff Construction Services, Inc.forthe Byron Highway Modification Project in the amount of$70,000 for the period June 1, 2003 through December 31, 2004. 11. Financial Impact: There will be no impact on the County General Fund. The Consulting Services Agreement is for $70,000. (53% Local Road Funds, & 47% Federal Surface Transportation Program Funds) Continued on attachment: X yes SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE -- -~APPROVE-- _OTHER SIGNATURES ``` ACTION OF BOR D/ON:_.JUN 03 2003 APPROVED AS RECOMMENDED xx OTHER VOTE OF SUPERVISORS xx UNANIMOUS (ABSENT NON 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: Mika Carlson,(925)313-2321 ATTESTED: JUNE 03, 2003 Orifi.Civ.: PW(Constr) JOHN SWEETEN, Clerk of the Board of Supervisors and cc: E.Ku vor,CAO Count Administrator E.Kuevor,CAD y R.Bruno,Construction Accounting Consultant By_ �,�` ..._ , Deputy BF:tb G:1GRODA`fAkCONS'nBQ\20G3kCSA•PE-BYRONH IGH W AYMODIFr-ATION.DOC SUBJECT: AUTHORIZE PUBLIC WORKS DIRECTOR, OR DESIGNEE, TO EXECUTE A CONSULTING SERVICES AGREEMENT WITH PARSONS BRINCKERHOFF CONSTRUCTION SERVICES, INC. DATE: JUNE 3, 2003 PAGE 2 OF 2 Ill. Reasons for Recommendations and Background: The construction contract for the Byron Highway Modification Project will be awarded in June and Construction activities will start July 28, 2003. 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. Parsons Brinckerhoff Construction Services, Inc. was selected for the contract from a field of eight consulting firms. IV. Consequences of Negative Action: If the Consultant Services Agreement with Parsons Brinckerhoff Construction Services, Inc. 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: Parsons Brinckerhoff Construction Services , Inc. 3260 Lone Tree Way Suite 104 Antioch, CA 04509 (c) Project Name, Number & Location: Byron Highway Modification Project, Byron Area, Project No.0662-6R4240-01,(District 3) (d) Effective Date: June 1, 2003 (e) Payment Limit(s): $70,000 (f) Completion Date(s): December 31, 2004 (g) Federal Taxpayer's I.D. or Social Security Number: 13` Z9b-35 Zv 2. Signatures. These signatures attest the parties' agreement hereto: Recommended by Department ON LTANT By: Maurice M. Shiu ,ar� Pubiic Works Director By: (Designate� f ial capac a business Type of Business: (sole propret rship, govern ent agency, partnership, corporation, etc.) €f Corporation, State of Incor oration: , } p (Designate official capacity in the SuSirleSS Worsens tldnckerha R t,L� t Note to Consultant: For corporations, the contract must be signed by two officers. The first signature�R-LM7 of the chairman of the board, president, or vice-president; the second signature must be that of the secretary, assistant secretary, chief financial officer,or assistant treasurer. (Civ.Code,Sec. 1190 and Corps. Code.Sec.313.)The acknowledgment below must be signed by a Notary Public. CERTIFICATE OF ACKNOWLEDGMENT" State of California } ss. County of ) 97V }lzv Sulam I;. e 6Sb On the date written below, before me, the undersigned Notary Public, personally appeared the personts''j signing above fol- Consultant, orConsultant,p or proved to me on the basis of satisfactory evidence)to be the person(i)whose name(,,31 is/are subscribed to the within instrument and acknowledged to me that he/%4e4� executed the same in his/Irer authorized capacity( and that by his/hatrtth& signature/-') on the instrument the person(, or the entity upon behalf of which the person acted, executed the instrument. WITNESS m hand and officials al Gated: "I.— Notary Public (Notary's Seal) �t�rrtrrrrrrrarrrrsrrrrrrurrrrrrrrrrrrrrrrrr� .�• WILLIAM E. $BONNER : WtLi1At , RON#dR y- COMM. NO. 1378031 Z CQMh+#W iai 1376031 S NOTARY PUBLIC-CALIFORNIA S �++��{� ;. � 1,�� SANTA CLARA COUNTY �, COMM.EXPIRES NOV.t,2006 �rrrrrrrirrtarrrrrerrr:rrrsrrr�nsrerrtiaeerara� 3. Parties. Effective on the above date, the above-named Public Agency and Consultant mutually agree and promise as follows.- 4. o€lows: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 Pubiic 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 multipie documents or written reports. 7. Insurance. Consultant shall, at no cost to Public Agency, obtain and maintain during the term hereof: (a) Workers' Compensation Insurance pursuant to state law; (b) Professional Liability Insurance with minimum coverage of $1,000,000.00 and a maximum deductible of$50,000.00; and (c) Commercial General Liability Insurance, including blanket contractual(or contractual liability)coverage,broad form property damage coverage, and coverage for owned and non-owned vehicles, with a minimum combined single limit coverage of $1,000,000.00 for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof, arising out of each accident or occurrence, and naming Public Agency, its/their governing bodies, officers and employees as additional insureds. Consultant shall promptly furnish to Public Agency certificates of insurance evidencing such coverage and requiring 30 days'written notice to Public Agency of policy lapse,cancellation or material change in coverage. 8. Payment. Public Agency shall pay Consultant for professional services performed at the rates shown in Appendix B attached hereto, which include all overhead and incidental expenses, for which no additional compensation shall be allowed. Notwithstanding the foregoing, those incidental expenses specifically itemized in Appendix B shall be reimbursable by Public Agency to Consultant, provided that Consultant submits copies of receipts and, if applicable,a detailed mileage log to Public Agency. In no event shall the total amount paid to Consultant exceed the payment limit(s) specified in Sec. 1(e) without prior written approval of the Pub€ic Agency. Consultant's billing statements shall be submitted at convenient intervals approved by Public Agency and shall list, for each item of services, the employee categories, hours and rates. Public Agency will pay consultant in accordance with the requirements of Civil Code Section 3320 as applicable. 9. Status. The Consultant is an independent contractor, and shall not be considered an employee of Public Agency. 10. Time for Completion. Unless the time is extended in writing by Public Agency, Consultant shall complete all services covered by this Agreement no later than the Completion Date(s) listed above. 11. record retention and Auditing. Except for materials and records delivered to Public Agency,Consultant shall retain all materials and records prepared or obtained in the performance of this Agreement, including financial records, for a period of at least three years after Consultant's receipt of the final payment under this Agreement. Upon request by Public Agency, at no additional charge,Consultant shall promptly make such records available to Public Agency,or to authorized representatives of the state and federal governments, at a convenient location within Contra Costa County designated by Public Agency, and without restriction or limitation on their use. 12. Documentation. Consultant shall prepare and deliver to Public Agency at no additional charge,the items described in Appendix A to document the performance of this Agreement and shall furnish to Public Agency such information as is necessary to enable Public Agency to monitor the performance of this Agreement. 13. Ownership of Documents. All materials and records of a finished nature, such as final plans, specifications, reports, and maps,prepared or obtained in the performance of this Agreement,shall be delivered to and become the property of Public Agency.All materials of a preliminary nature, such as survey notes, sketches, preliminary plans, computations and other data, prepared or obtained in the performance of this Agreement, shall be made available, upon request,to Public Agency at no additional charge and without restriction or limitation on their use. 14. Extra Work. Any work or services in addition to the work or services descrioed in Appendix A shall be perforrred 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 any time by written notice to Consultant,whether or not Consultant is then in default. Upon such termination, Consultant shall, without delay, deliver to Public Agency all materials and records prepared or obtained in the performance of this Agreement, and shall be paid, without duplication, all amounts due for the services rendered up to the date of termination. 17. Abandonment by Consultant. In the event the Consultant ceases performing services under this Agreement o, otherwise abandons the project prior to completing all of the services described in this Agreement, Consultant shall, without delay, deliver to Public Agency all materials and records prepared or obtained in the performance of this Agreement,and shall 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 hereby waives the removal provisions of Cade of Civil Procedure Section 394. 19. Compliance with Laws. In performing this Agreement, Consultant shall comply with all applicable laws, statutes, ordinances, rules and regulations, whether federal, state, or local in origin. This includes compliance with prevailing wage rates and their payment in accordance with California Labor Code, Section 1775. 20. Assignment, This Agreement shall not be assignable or transferable in whole or in part by Consultant, whether voluntarily,by operation of law or otherwise;provided, however,that Consultant shall have the right to sub-contract that portion of the services for which Consultant does not have the facilities to perform so long as Consultant notifies Public Agency of such subcontracting prior to execution of this Agreement.Any other purported assignment,transfer or sub- contracting shall be void. 21 Subcontracting.All subcontracts exceeding$25,000 in cost shall contain all of the required provisions of this contract. Consultant will pay each subconsultant in accordance with the requirements of Civil Code Section 3321 as applicable. 22. Endorsement on Plans.Consultant shall endorse all plans,specifications,estimates,reports and other items described in. Appendix A 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 claimed or alleged to be due to, negligence or willful misconduct of Consultant, its officers, employees,agents, subconsultants,or any person under its direction or control, save and except claims or litigation arising through the sole negligence or sole willful misconduct of Public Agency, and will make good 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 21.1 above, this Agreement shall inure to the benefit of and bind the heirs, successors, executors, personal representatives, and assigns of the parties. 25. Public Endorsements. Consultant shall not in its capacity as a Consultant with Public Agency publicly endorse or oppose the use of any particular brand name or commercial product without the prior approval of the Public Agency's governing board. In its Public Agency Consultant capacity, Consultant shall not publicly attribute qualities or lack of qualities to a particular brand name or commercial product in the absence of a well-established and widely accepted scientific basis for such claims or without the prior approval of the Public Agency's governing board. In its Public Agency Consultant capacity, Consultant shall not participate or appear in any commercially-produced advertisements designed to promote a particular brand name or commercial product, even if Consultant is not publicly endorsing a product, as long as the Consultant's presence in, the advertisement can reasonably be interpreted as an endorsement of the product by or on behalf of Public Agency. Notwithstanding the foregoing, Consultant may express its views on products to other Consultants, the Public Agency's governing board, its officers, or others who may be authorized by the Public Agency's governing board or by law to receive such views. 27. Proiect Personnel. In performing the services under this Agreement, Consultant shall use the personnel listed in Appendix C, attached hereto and made a part hereof by this reference. Changes in project personnel may only be made with Public Agency's written consent,and Consultant shall notify Public Agency in writing at least thirty(30)days in advance of any proposed change. Any person proposed as a replacement shall possess training, experience and credentials comparable to_those of the person being replaced. Attachments:Appendix A,Appendix B,and Appendix C Form approved by County Counsel(3100) G:1GrpOata\ConstlContractslCSA'�20031CSA•P B-ByronHi ghway.doc -�i00 YEARS 0 Appendix A Scope of Services Materials Testing • Coordinate Field and Laboratory Testing Services Pre-Job Coordination and Administration • Establish Project Documents and Procedures with County • Establish Project Filing System with County • Coordinate and/or Conduct/Attend Pre-construction Conferences Construction Coordination • Act as Point of Contact between Contractors, County and Third Parties • Coordinate with Utility Companies • Coordinate Shop Drawing Reviews, RFI's & Submittals with Designers and County • Coordinate and Review SWPPP Inspection • Provide Inspection Services for Projects Construction Management and Contract Administration • Oversee Contractor Compliance to Contract Documents • Maintain Construction Document Files • Develop Photographic Documentation of Project Before, During and After Construction Construction Engineering • Review Contractor RFI's, Shop Drawings, Samples, and other Submittals • Oversee Development of Record Drawings, Coordinate with Designer and Review Final Record Drawings. Public Information • Assist County in Implementation of a Proactive Public Information Program Close Out • Collect and Furnish As-Built Information to Designers for Preparation of Final Drawings • Perform Final Walk-Through of Project with County and Contractor • Prepare Final Construction Reports for Project Over a Century of Engineering Excellence —ecru YEA"0 Appendix B Billing Rates for Construction Management Services Contra Costa County Byron Highway Project Job_Classification Hourly Rate Overtime Project Manager: $150 Project Engineer: $97 $119 Inspector: $86 $104 Office Support: $42 Over a Century of Engineering Excellence _Wo YEARS 8 Appendix C Staff Proposal for Construction Management Services Contra Costa County Byron Highway Project Project Manager: Bart Littell Project Engineer: Gene Russell Randy Felkner Jack Magnone Kevin Byers Mike Lyons Jay Treadwell Inspector: Jim LaBonte Matt Bohlander Bill Beck Office Support: Elayne Navarrette Over a Century of Engineering Excellence