HomeMy WebLinkAboutMINUTES - 07132004 - C.1-C.4 4
TO: Board Of Supervisors
FROM: Maurice M. Shiu, Public Works Director
DATE: JULY 13, 2004
SUBJECT: Approve and Authorize the Public Works Director, or designee, to execute a Consulting
Services Agreement with Parsons Brinckerhoff Construction Services, Inc. for
Construction Management Services, and Subdivision Inspection, Countywide, (All
Districts)
SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION
1. Recommended Action:
APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a Consulting
Services Agreement with Parsons Brinckerhoff Construction Services, Inc., in the amount of
$75,000 for Subdivision Inspection and Construction Management for the period July 1, 2004
through April 30, 2005.
11. Fiscal impact:
There will be no impact on the County General Fund. The Consulting Services Agreement is for
$75,000 and shall be paid for by Developer Fees.
Continued on attachment: X yes SIGNATURE: . `
f RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE w ` .�,
ACTION OF BOAKD,j ON: JULY i.J, ZUU4 APPROVED AS RECOMMENDED OTHER
d l
VOTE OF SUPERVISOR' I hereby certify that this is a true and correct ca of an
xx UNANIMOUS{ABSENT NONE} Y Y copy
AYES: NOES: action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ABSENT: ABSTAIN:
Contact: Mike Carlson,(925)313-2321 JULY 13 2004
ATTESTED: 5
oris.Div.: Pw(Constr) JOHN SWEETEN, Clerk of the Board of Supervisors and
cc: Auditor-Controller
E.Kuevor,CACI County Administrator
P.Edwards,Construction
Consultant
By '' , Deputy
MC:tb
G:'C-RPDATA\CONSTIBO120041CSA-PS-SUBINSP.000
SUBJECT: Authorize the Public Works Director,or designee,to approve a Consulting Services Agreement with Parsons
Brinckerhoff Construction Services, Inc.
DATE: JULY 13, 2004
PAGE: 2 of 2
Ill. Reasons for Recommendations and Background:
Due to the overwhelming amount of development in the Dougherty Valley area, it is necessary to
offer assistance to our field inspectors.
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 inspections.
CONSULTING SERVICES AGREEMENT
1. Special Conditions.These Special Conditions are incorporated below by reference.
(a) Public Agency: Contra Costa County Public Works Department
(b) Consultant's Name &Address: parsons Brinckerhoff Construction Services, Inc.
3260 Lone Tree Way
Suite 104
Antioch, CA 94509
(c) Project Name, Number& Locition: Subdivision Inspection, District Ill,>`
(d) Effective Date: July 1, 2004' (e) Payment Limit(s): $'5,000
(f) Completion Date(s): April 30, 2005 /
2. Signatures. These signatures attest the parties'agreement hereto:
Recommended by DepartmentNSUL ANT
By: Maurice M. Shiu `��
Public Works Director By:
yv:;t�x Ln:20
(Designate official Apacity in the business T pe of Business:
(sole proprietorship, government agency, paership, corporation, etc.)
Christopher E. Reseigh, Preside t
If Corporation, State of tor
lncorporation: Del aware
By:
p�rs �::� tt�
(Designate official capacity in the business) PamoraBdnmkerhoft
David C. Vanaman, Assistant Secretary
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 Virginia }
Fairfax } 5s.
County of )
On the date written below, before me, the undersigned Notary Public, personally appeared the person(s) signing above for
Consultant,personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)
islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s)acted, executed the instrument.
W rrNESS my hand and official seal.
Dated: Lune 26, 2004
Notary Public
.. .. Gamble Leilani Hanes
(Notary`s Sial) "�"—
GAMBLE LEXAM HAWS
Notary PubNc
Commor►w*all►of Woo is
My Commft*)n Eq*"Aug 31,�7
3. Parties. E e the above date,the above-named Public Agency and Consultant mutually agree and promise as
follow
4. ent. Public Agency hereby employs Consultant, and Consultant accepts such employment, to perform the
fessional services described herein, upon the terms and in consideration of the payments stated herein.
5. Scope of Service. Scope of service shall be as described in Appendix A, attached hereto and made a part hereof by
this reference.
6. Report Disclosure Section.Any document or written report prepared hereunder by Consultant,or a subcontractor,for
Public Agency shall contain, in a separate section,the numbers and dollar amounts of this contract and all subcontracts
relating to the preparation of such document or written report, provided that the payment limit specified in Sec. 1(e)
exceeds $5,000. When multiple documents or written reports are the subject or products of this agreement, the
disclosure section may also contain a statement indicating that the total contract amount represents compensation for
multiple documents or written reports.
7. Insurance. Consultant shall, at no cost to Public Agency, obtain and maintain during the term hereof: (a)Workers'
Compensation Insurance pursuant to state law; (b) Professional Liability Insurance with minimum coverage of
$1,000,000.00 and a maximum deductible of$50,000.00; and (c)Commercial General Liability Insurance, including
blanket contractual(or contractual liability)coverage,broad form property damage coverage,and coverage for owned
and non-owned vehicles, with a minimum combined single limit coverage of$1,000,000.00 for all damages due to
bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof,
arising out of each accident or occurrence, and naming Public Agency, its/their governing bodies, officers and
employees as additional insureds. Consultant shall promptly furnish to Public Agency certificates of insurance
evidencing such coverage and requiring 30 days'written notice to Public Agency of policy lapse,cancellation or material
change in coverage.
8. Payment. Public Agency shall pay Consultant for professional services performed at the rates shown in Appendix B
attached hereto, which include all overhead and incidental expenses, for which no additional compensation shall be
allowed. Notwithstanding the foregoing, those incidental expenses specifically itemized in Appendix B shall be
reimbursable by Public Agency to Consultant,provided that Consultant submits copies of receipts and,if applicable,a
detailed mileage log to Public Agency. In no event shall the total amount paid to Consultant exceed the payment limit(s)
specified in Sec. 1(e) without prior written approval of the Public Agency. Consultant's billing statements shall be
submitted at convenient intervals approved by Public Agency and shall list, for each item of services, the employee
categories, hours and rates. Public Agency will pay consultant in accordance with the requirements of Civil Code
Section 3320 as applicable.
9. Status. The Consultant is an independent contractor, and shall not be considered an employee of Public Agency.
10. Time for Completion. Unless the time is extended in writing by Public Agency, Consultant shall complete all services
covered by this Agreement no later than the Completion Date(s)listed above.
11. Record Retention and Auditing. Except for materials and records delivered to Public Agency,Consultant shall retain all
materials and records prepared or obtained in the performance of this Agreement, including financial records, for a
period of at least three years after Consultant's receipt of the final payment under this Agreement. Upon request by
Public Agency,at no additional charge,Consultant shall promptly make such records available to Public Agency,or to
authorized representatives of the state and federal governments,at a convenient location within Contra Costa County
designated by Public Agency, and without restriction or limitation on their use.
12. Documentation.Consultant shall prepare and deliver to Public Agency at no additional charge,the items described in
Appendix A to document the performance of this Agreement and shall furnish to Public Agency such information as is
necessary to enable Public Agency to monitor the performance of this Agreement.
13. Ownership of Documents.All materials and records of a finished nature, such as final plans,specifications,reports,
and maps, prepared or obtained in the performance of this Agreement,shall be delivered to and become the property of
Public Agency.All materials of a preliminary nature,such as survey notes,sketches, preliminary plans,computations
and other data,prepared or obtained in the performance of this Agreement,shall be made available, upon request,to
Public Agency at no additional charge and without restriction or limitation on their use.
- _._.. ........ ......... ......... ......... ......... ......... ......... ......... ......... ......... ..................
14. 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 Aoencv.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 894.
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 pan`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.
Attachments:Appendix A,Appendix B,and Appendix C
Form approved by County Counsel(3100)
G:\GrpData\ConstkCcntractskCSA\2OG41CSA-SumrNt-Subinspec.doc
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----=loo
YL.1R8 0
Appendix A
Centra Costa County Public Works Department
Subdivision Inspection Services
Scope of Services
June 23, 2004
Parsons Brinckerhoff (Consultant) will provide on-call subdivision/permit inspection services
assisting Contra Costa County Public Works (County) staff in performing subdivision inspection
and permits inspections for public and private improvements. Facilities to be inspected may
include grading, underground utilities, roadway improvements, sidewalks, retaining walls,
culverts, creek repairs, detention basins, and other public works improvements.
Consultant will provide a Public Works Inspector ll, who will augment County staff. Inspectors
will report to a lead County inspector for daily assignments and to address field issues as they
develop. County staff will be making all decisions relating to corrective actions.
Consultant will perform some or all of the following tasks as part of the services provided;
1. Review the approved construction plans, specifications, project schedule and
County standard plans and specifications to be thoroughly prepared for the work.
2. Attend pre-construction meeting (if required) with County representatives,
Contractor and other consultants as necessary to discuss the approved pians and
applicable standards and specifications of the County.
3. Perform daily observations and prepare daily written reports focusing on the quality
of the work performed, staff levels and progress,
4. Inspect all on-site and off-site Public Works and subdivision improvements on a
daily basis to verify that all improvements to be constructed are as designed and
are within tolerances.
5. Photographs will be taken, as may be required, of existing facilities and public
improvements to substantiate before and after conditions.
6. Adequate records will be kept during the course of the work of the ongoing
construction to verify the as-built drawings are complete.
7, Coordinate the construction of all County and other utilities to minimize interferences
with subdivision improvements.
Over a Century of
Engineering excellence
YL.dR5 0
Appendix A (continued)
8. Review and coordinate schedules, review materials, shop drawings, requests for
information and performance test results, check all certificates of compliance and
evaluate the need for corrective action that may be required.
9. Follow all applicable County standards and procedures and any state and federai
requirements as appropriate.
10, Monitor the contractor's work and attempt to minimize the impacts upon public
convenience.
11. Review traffic control measures on a daily basis. Verify the placement of signage to
meet County standards and approved traffic control plans.
12. When it is required, verify that advanced written notice is given to the residents of
nearby property or the general public informing them of the work to take place that
might affect them.
13. Maintain an awareness of and monitor air pollution so that it is minimized and that
the storm water pollution prevention program is followed during the course of the
work.
14, Identify actual and potential problems associated with construction and recommend
sound solutions to the County.
15. Assist the County in conducting final inspection, prepare punch list, conduct
closeout and recommend final acceptance to the County. Review as-build drawings
for conformance with the completed work.
16. Verify compliance with environmental requirement.
17. Coordinate materials sampling and testing.
18. Obtain samples of materials such as soils, base materials, asphalt and Portland
cement concrete for testing and quality assurance needs.
19. Provide geotechnical support as needed for the County Materials Lab.
Over a Century of
Engineering Excellence
—Ivo
YEARS/py
Appendix B
Contra Costa County Public Works Department
Subdivision Inspection Services
Billing Rates for Construction Management Services
June 23, 2004
Job_Classification Hourly Rate Overtime
Project Engineer: $94 $116
Over a Century of
Engineering Excellence
00
YEARS
Appendix C
Contra Costa County Public Works Department
Subdivision Inspection Services
Staff Proposal for Construction Management Services
June 23, 2004
Project Engineer: Matt Bohlander
Over a Century of
Engineering Excellence
.......................................�o.-��a�a���........................
...............................................
............................
THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on July 13, 2004,by the following vote:
AYES: SUPERVISORS GIOIA, UILKR4A, GREENBERG, DESAULNIER AND GLOVER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
SUBJECT: Award of Contract for North Broadway Area Infrastructure Program—
Phase 3 project, Bay Point area. (District V)Project No. 0662-6R.4141-02
Bidder Total Amount Bond Amounts
B&B Grading and Paving, Inc. $520,817.50 Payment:
2490 Vista Del Monte $520,817.50
Concord, CA 94520 Performance:
$520,817.50
Bay Cities Paving & Grading, Inc.
Concord, CA
Redgwick Construction Co.
Hayward, CA
Grade Tech, Inc.
San Ramon, CA
Hess Concrete Construction Company, Inc.
American Canyon, 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 June 8, 2004; and
The general prevailing rates of wages, which shall be the minimum rates paid on this
project, having been filed with the Clerk of the Board, and copies to be made available to any
party upon request; and
The Board of Supervisors having determined that the project is exempt from the
California Environmental Quality Act as a Class 1(c) categorical exemption, and a Notice of
Exemption having been filed with the County Clerk on December 2, 1997; and
SUBJECT: AWARD OF CONTRACT FOR NORTH BROADWAY AREA INFRASTRUCTURE
PROGRAM- PHASE 3 PROJECT, BAY POINTAREA.
DATE: JULY 13, 2004
PAGE: 2 OF 3
The bidder listed first above, B&B Grading &Paving, Inc. ("B&B"), having submitted
the lowest responsive and responsible bid, which is $8,607.70 less than the next lowest bid; and
The Board having evaluated all of the documentation of the good faith effort to comply
with the County's Outreach program; and
The Director of Public Works recommending that the bid submitted by B&B 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 B&B, as the lowest responsive and responsible bidder,
has demonstrated an adequate good faith effort, pursuant to the specifications for this project, to
comply with the requirements of the County's Outreach Program and the Board WAIVES any
irregularities in such compliance; and FURTHER DETERMINES that B&B has complied with
the Mandatory Subcontracting Minimum, and the Board WAIVES any irregularities in such
compliance; and
The Board ORDERS that the contract for the furnishing of labor and materials for said
work is awarded to B&B 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 therefore; 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
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 NORTH BROADWAY AREA INFRASTRUCTURE
PROGRAM—PHASE 3 PROJECT, BAY POINTAREA.
DATE: JULY 13, 2004
PAGE: 3 OP 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 B&B 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 Carison,(925)313-2321
Orig.Div.:PW(Constr)
cc: Auditor-Controller I hereby certify that this is a true and correct copy of an action
B.KuevDr,CAO taken and entered on the minutes of the Board of Supervisors on
R.Bruno,Construction
Consultant the date shown.
Design
County Counsel
Contractor
Surety ATTESTED: JULY 13 2004
MCAb JOHN SWEETEN, Clerk of the Board of Supervisors and
G.\GRPDATA\CONST\BO\2004\AWARD-NORTHBROADWAYINFRASTRUCTURE-PRASE3.DOC County Administrator
`J I
By ,Deputy !
TO: B t�r
BOARD OF SUPERVISORS
3
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: JULY 13, 2004
SUBJECT: Joint Exercise of Powers Agreement with the City of Walnut Creek for placing a slung seal
surface treatment on County roads; Rancho Estates Court and Shadowbrook Court, Walnut
Creek area(Local Road Funds) (District III)
Project No.: 0672-6U2882
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOM- IENDATION(S):
APPROVE and AUTHORIZE the Chair,Board of Supervisors,to execute the Joint Exercise of Powers Agreement
with the City of Walnut Creek in the amount of$11,158, effective July 13, 2004, to place a slurry seal surface
treatment on County roads, Rancho Estates Court and Shadowbrook Court.
FISCAL IMPACT:
The County shall reimburse the City of Walnut Creek for all labor costs, material costs and appropriate overhead
costs involved for applying the slurry seal surface treatment on Rancho Estates Court and Shadowbrook Court. The
Slurry Seal Surface Treatment is funded through local road funds.
Continued on Attachment: X SIGNATURE:
�,,4ECOMMENUATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
�rAT'PROVE OTHER
r
SIGNATURES : .
ACTION OF BO ON JULY-13,1 9004 APPROVED AS RECOMMENDED XX OTHER
I hereby certify that this is a true and
correct copy of an action taken and
VOTE OF SUPERVISORS entered on the minutes of the Board
xx UNANIMOUS(ABSENT NONE ) of Supervisors on the date shown.
AYES: NOES:
ABSENT: ABSTAIN:
HF-kd ATTESTED: JULY 13, 2004
G:Maint'dCm\8OW7_f3JOHN SWEETEN Cleric of the
Orig.Div: Public Works(Maintenance)
Contact: Henry Finch 313-7064
County Admin. Beard of Supervisors and County
cc:
Gen.sem,Purchasing Administrator
Auditor Controller
P.W.Accounting
City of Walnut Creek
P.O.Boz 9039
Walnut Creek,CA 94596
By , Deputy
SUBJECT: Joint Exercise of Powers Agreement with the City of Walnut Creek for placing a slurry seal
surface treatment on County roads; Rancho Estates Court and Shadowbrook Court,Walnut
Creek area(Local Road Funds) (District III)
Project No.: 0672-6U2882
DATE: July 13, 2004
PAGE: 2
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
Rancho Estates Court and Shadowbrook Court are residential roads maintained by the County that are in an area
where a slurry seal surface treatment would not be cost effective for the County to apply. The City's slurry seal
project provides the County with a cost effective way to have a slurry seal surface treatment applied to Rancho
Estates Court and Shadowbrook Court.
CONSEQUENCES OF NEGATIVE ACTION:
The cooperative project for slurry seal will not be performed, and Rancho Estates Court and Shadowbrook Court
will not be surface treated.
06/29/04
JOINT EXERCISE OF POWERS AGREEMENT
BETWEEN THE CITY OF WALNUT CREEK AND CONTRA COSTA COUNTY
TO PERFORM SLURRY SEAL SURFACE TREATMENT ON COUNTY STREETS
RANCHO ESTATES COURT AND SHADOWBROOK COURT
This AGREEMENT is entered into on the 13th day of JULY , 2004, between
City of Walnut Creek, a municipal corporation of the State of California, hereinafter CITY,
and County of Contra Costa, a political .subdivision of the State of California, hereinafter
COUNTY, pursuant to Government Code section 5500, and following.
The parties to this AGREEMENT mutually agree and promise as follows:
1. Purpose and Scope of Work. The purpose of this AGREEMENT is to provide for
the placement of a surface treatment on COUNTY streets Rancho Estates Court
and Shadowbrook Court as listed in Appendix A of this AGREEMENT, attached
hereto and incorporated herein, document hereinafter PROJECT. The work to be
performed consists of performing an application of a slurry seal surface treatment
on COUNTY streets Rancho Estates Court and Shadowbrook Court. The
PROJECT shall be performed by CITY contracted forces (City Project No.:
CP9660, Contract No. 03-15).
2. Responsibilities of CITY and COUNTY.
A. CITY shall be responsible for the following:
(1) Act as lead agency.
(2) Provide an estimate of the PROJECT costs (listed in Appendix A).
(3) Advertise and award the slurry seal contract for the PROJECT
(Rancho Estates Court and Shadowbrook Court).
(4) Perform all necessary work to place the slurry seal on Rancho
Estates Court and Shadowbrook Court complete in place, with its
own labor and equipment, rental equipment, and contractor
furnished materials, and equipment.
(5) Perform contract inspection, contract administration, and materials
testing for the PROJECT.
(5) Prepare and deliver to COUNTY a report of final PROJECT costs
within 45 days of completion of CITY"S portion of the PROJECT.
B. COUNTY shall be responsible for the following:
(1) Review and approve CITY furnished estimate of the PROJECT
costs.
(2) Review and accept the PROJECT upon receipt of a notice of
completion of the slurry seal from CITY.
(3) Reimburse CITY for the final PROJECT costs.
(4) Notify residents adjacent to PROJECT streets of the surface
treatment schedule.
06129/04
3, Financial Responsibility. CITY and COUNTY acknowledge that all costs for the
PROJECT shall be borne by COUNTY. The term "COSTS," as used in this section
3, shall include without limitation all equipment, labor, and material costs
associated with completing the PROJECT. COUNTY'S maximum cost shall be
limited to $19,153 (120% of estimate) plus any COUNTY approved change orders.
In addition, COUNTY agrees to pay appropriate overhead costs, including the cost
of insurance, specific to the performance of the work within COUNTY. COUNTY
shall reimburse CITY for the PROJECT costs within 30 days of receipt of the report
of PROJECT costs.
4. Insurance and Hold Harmless.
A. Before any work is performed pursuant to this AGREEMENT, CITY and
COUNTY shall obtain and maintain in force Broad Form Comprehensive
General Liability Insurance, including coverage for owned and non-owned
automobiles, with minimum combined single limit coverage of $1,000,000
for all damages because of 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 $1,000,000 insuring the
contractual liability for services provided under this AGREEMENT.
B. The policy, or policies, for both regular and any excess insurance, and the
riders attached thereto, or the certificates for the policies or riders, shall
name the other party, its officers and employees, as additional insureds,
and shall provide for notice to the other party of cancellation, modification,
or lapse at least 30 days prior to such cancellation, modification, or lapse of
the policy or policies.
C. The insurance hereinabove specified shall be in the form satisfactory to the
parties and shall be placed with an insurance company or companies
satisfactory to the parties, and shall be kept in full force and effect during
the term of this AGREEMENT.
D. Prior to commencement of any work on the PROJECT, each party shall
furnish, or cause to be furnished to the other party, certificates of insurance
or certified copies of the policies of insurance hereinabove specified.
E. If CITY or COUNTY is self-insured, the self-insured party shall provide
evidence acceptable to the other party that its self-insured program
provides the above-described minimum coverage.
F. If CITY or COUNTY fails to maintain the above-described insurance, this
AGREEMENT shall automatically terminate immediately. Upon such
termination under this Section 4.E, CITY shall not be obligated to perform
any further services, but COUNTY shall continue to be obligated to CITY for
the cost of services performed by CITY under this AGREEMENT to the date
of termination.
2
06/29104
G. Neither COUNTY nor any officer, went or employee thereof shall be responsible
for any damage or liability occurring by reason of anything done or omitted to be
done by CITY or in connection with any work delegated b CITY under this
AGREEMENT, and CITY shall defend, indemnify, save, and hold harmless
COUNTY, its governing body, officers, and employees, from the same, except as
provided otherwise in Section 5 below.
H. Neither CITY nor any officer, agent, or employee thereof shall be responsible for
any damage or liability occurring by reason of anything done or omitted to be done
by COUNTY or in connection with any work delegated to COUNTY under this
AGREEMENT, and COUNTY shall defend, indemnify, save, and hold harmless
CITY, its governing body, officers, and employees, from the same, except as
provided otherwise in Section 5 below.
1. Nothing in this AGREEMENT is intended or shall be construed to effect the legal
liability of either party to third parties by imposing anystandard of care greater than
that imposed by law.
J. In the contract document for slurry seal, the Contractor shall name the COUNTY as
an additional insured and the COUNTY shall be held harmless and indemnified.
5. Acceptance By COUNTY. Cance the PROJECT work is completed by CITY, the COUNTY
shall accept total responsibility for use, operation, and maintenance of the PROJECT, and
COUNTY shall defend, indemnify, save, and hold harmless CITY, its governing body, officers and
employees, against all claims, suits,actions, or liability that arise relating to the use, operation, or
maintenance of said portion after CITY completes the PROJECT.
6. Restrictions. Pursuant to Government Code Section 65019, the powers of the parties under
this AGREEMENT shall be subject to the restrictions on such powers applicable to the CITY.
7. Accountability. As required by Government Code Section 65015, both parties to this
AGREEMENT shall provide a report providing strict accountability of all funds received and
disbursed for the PROJECT.
8. Surplus Money. After the completion of the purpose of this AGREEMENT, any surplus
money on hand shall be returned in proportion to the contributions made by the parties hereto.
9. Agreement Modification. This AGREEMENT shall be subject to modification rnly with the
written consent of the legislative bodies of both parties. Neither party shall unreasonably withhold
its consent to modification for the implementation and accomplishment of the overall purpose for
which this AGREEMENT is made.
10. Agreement Expiration. Except for the provisions of Sections 4G, 4H, and 5 above, this
AGREEMENT shall expire upon delivery of the report of final costs and payment of funds between
CITY and COUNTY.
3
11. Pn ire Agree.rnant. This AGREEMENT contains the entire understanding of the
parties relating to the subject matter of this AGREEMENT. Any representation or promise
of the parties relating to the PROJECT shall not be enforceable unless it is contained in
this AGREEMENT or in a subsequent written modification of this AGREEMENT executed
by the legislative bodies of both parties.
CONT aCOSTA COU CITY OF WALNUT CREEK
Y
hairman, Board of Supervisors By
ATTEST. JULY 13, 2004 MIKE PARNESS, City Manager
John Sweeten, Clerk of the Board of
Supervisors and County Administrator Recommend for Approval:
By
puty BY
Recommend for Approval: RACHEL LENCI, City Engineer
Maurice M. Shiu
Public Works Director
Form Approved:
By (+
Form Approve :
Silvano B. Marchesi
Co ty u I
By BY
Deputy THOMAS HAAS, City Attorney
4
Attachment A
Engineers Estimate of Probable Cost
to Murry Seal County Streets as part of
City of Walnut geek 2004 Slurry Seal Project
stimated
Contractor Cost @ Engineering & Estimated
Street game Pavement Area SY $1.46/S'Y Admin (15%) Project Cost
County Streets
Rancho Estates Ct 3,642 5,317.32 $ 797.60 6,114.92
Shadowbrook Ct 1,896 $ 2,768.16 $ 415.22 $ 3,183.33
Total $ 9,298.30
County Maximum Cost in JEPA(120%of estimated total) $ 11,158
Attachment A Cast Estimate Revised:05/97/04
06/29/04
JOINT EXERCISE OF POWERS AGREEMENT
BETWEEN THE CITY OF WALNUT CREEK AND CONTRA COSTA COUNTY
TO PERFORM SLURRY SEAL SURFACE TREATMENT ON COUNTY STREETS
RANCHO ESTATES COURT AND SHADOWBROOK COURT
This AGREEMENT is entered into on the 13th day of JULY , 2004, between
City of Walnut Creek, a municipal corporation of the State of California, hereinafter CITY,
and County of Contra Costa, a political subdivision of the State of California, hereinafter
COUNTY, pursuant to Government Code section 6500, and following.
The parties to this AGREEMENT mutually agree and promise as follows:
1. Purpose and Scope of Work. The purpose of this AGREEMENT is to provide for
the placement of a surface treatment on COUNTY streets Rancho Estates Court
and Shadowbrook Court as listed in Appendix A of this AGREEMENT, attached
hereto and incorporated herein, document hereinafter PROJECT. The work to be
performed consists of performing an application of a slurry seal surface treatment
on COUNTY streets Rancho Estates Court and Shadowbrook Court. The
PROJECT shall be performed by CITY contracted forces (City Project No.:
CP9660, Contract No. 0315).
2. Responsibilities of CITY and COUNTY.
A. CITY shall be responsible for the fallowing:
(1) Act as lead agency.
(2) Provide an estimate of the PROJECT costs (listed in Appendix A).
(3) Advertise and award the slurry seal contract for the PROJECT
(Rancho Estates Court and Shadowbrook Court).
(4) Perform all necessary work to place the slurry seal on Rancho
Estates Court and Shadowbrook Court complete in place, with its
own labor and equipment, rental equipment, and contractor
furnished materials, and equipment.
(5) Perform contract inspection, contract administration, and materials
testing for the PROJECT.
(6) Prepare and deliver to COUNTY a report of final PROJECT costs
within 45 days of completion of CITY'S portion of the PROJECT.
B. COUNTY shall be responsible for the following:
(1) Review and approve CITY furnished estimate of the PROJECT
costs.
(2) Review and accept the PROJECT upon receipt of a notice of
completion of the slurry seal from CITY.
(3) Reimburse CITY for the final PROJECT costs.
(4) Notify residents adjacent to PROJECT streets of the surface
treatment schedule.
06/29/04
3. Financial Responsibility. CITY and COUNTY acknowledge that all costs for the
PROJECT shall be Dome by COUNTY. The term "COSTS,, as used in this section
3, shall include without limitation all equipment, labor, and material costs
associated with completing the PROJECT. COUNTY'S maximum cost shall be
limited to $11,158 (120% of estimate) plus any COUNTY approved change orders.
In addition, COUNTY agrees to pay appropriate overhead costs, including the cost
of insurance, specific to the performance of the work within COUNTY. COUNTY
shall reimburse CITY for the. PROJECT costs within 30 days of receipt of the report
of PROJECT costs.
4. Insurance and Hold Harmless.
A. Before any work is performed pursuant to this AGREEMENT, CITY and
COUNTY shall obtain and maintain in force Broad Form Comprehensive
General Liability Insurance, including coverage for owned and non-awned
automobiles, with minimum combined single limit coverage of $1,000,000
for all damages because of bodily injury, sickness, or disease, or death to
any person, and damage to property, including the lass of use thereof,
arising out of each accident or occurrence and $1,000,000 insuring the
contractual liability for services provided under this AGREEMENT.
B. The policy, or policies, for both regular and any excess insurance, and the
riders attached thereto, or the certificates for the policies or riders, shall
name the other party, its officers and employees, as additional insureds,
and shall provide for notice to the other party of cancellation, modification,
or lapse at least 30 days prior to such cancellation, modification, or lapse of
the policy or policies.
C. The insurance hereinabove specified shall be in the form satisfactory to the
parties and shall be placed with an insurance company or companies
satisfactory to the parties, and shall be kept in full force and effect during
the term of this AGREEMENT.
Q. Prior to commencement of any work on the PROJECT, each party shall
furnish, or cause to be furnished to the other party, certificates of insurance
or certified copies of the policies of insurance hereinabove specified.
E. If CITY or COUNTY is self-insured, the self-insured party shall provide
evidence acceptable to the other party that its self-insured program
provides the above-described minimum coverage.
F. If CITY or COUNTY fails to maintain the above-described insurance, this
AGREEMENT shall automatically terminate immediately. Upon such
termination under this Section 4.E, CITY shall not be obligated to perform
any further services, but COUNTY shall continue to be obligated to CITY for
the cost of services performed by CITY under this AGREEMENT to the date
of termination.
2
06/29/04
G. Neither COUNTY nor any officer, agent or employee thereof shall be responsible
for any damage or liability occurring by reason of anything done or omitted to be
done by CITY or in connection with any work delegated b CITY under this
AGREEMENT, and CITY shall defend, indemnify, save, and hold harmless
COUNTY, its governing body, officers, and employees, from the same, except as
provided otherwise in Section 5 below.
H. Neither CITY nor any officer, agent, or employee thereof shall be responsible for
any damage or liability occurring by reason of anything done or omitted to be done
by COUNTY or in connection with any work delegated to COUNTY under this
AGREEMENT, and COUNTY shall defend, indemnify, save, and hold harmless
CITY, its governing body, officers, and employees, from the same, except as
provided otherwise in Section 5 below.
1. Nothing in this AGREtMENT is intended or shall be construed to effect the legal
liability of either party to third parties by imposing anystandard of care greater than
that imposed by law.
J. In the contract document for slurry seal, the Contractor shall name the COUNTY as
an additional insured and the COUNTY shall be held harmless and indemnified.
5. Acceptance By COUNTY. Once the PROJECT work is completed by CITY, the COUNTY
shall accept total responsibility for use, operation, and maintenance of the PROJECT, and
COUNTY shall defend, indemnify, save, and hold harmless CITY, its governing body, officers and
employees, against all claims, suits,actions, or liability that arise relating to the use, operation, or
maintenance of said portion after CITY completes the PROJECT.
6. Restrictions. Pursuant to Government Code Section 6509, the powers of the parties under
this AGREEMENT shall be subject to be restrictions on such powers applicable to the CITY.
7. Accountability. As required by Government Code Section 6565, both parties to this
AGREEMENT shall provide a report providing strict accountability of all funds received and
disbursed for the PROJECT.
8. Surplus Money. After the completion of the purpose of this AGREEMENT, any surplus
money on hand shall be returned in proportion to the contributions made by the parties hereto.
9. Agreement Modification. This AGREEMENT shall be subject to modification cnly with the
written consent of the legislative bodies of both parties. Neither party shall unreasonably withhold
its consent to modification for the implementation and accomplishment of the overall purpose for
which this AGREEMENT is made.
10. Agreement Expiration. Except for the provisions of Sections 4G, 4H, and 5 above, this
AGREEMENT shall expire upon delivery of the report of final costs and payment of funds between
CITY and COUNTY.
3
I1.' Ftp im Auree.ment. This AGREEMENT contains the entire understanding of the
parties relating to the subject matter of this AGREEMENT. Any representation or promise
of the parties relating to the PROJECT shall not be enforceable unless it is contained in
this AGREEMENT or in a subsequent written modification of this AGREEMENT executed
by the legislative bodies of bath parties.
COVT- COSTA COU CITY OF WALN C EK
By
hairrrian, Beard of Supervisors By
ATTEST: JULY 13, 2004 RNESS, City anager
John Sweeten, Clerk of the Board of
Supervisors and County Administrator Recommend for Approval:
Ir�A- d
By
Deputy By
CU-C .
Recommend for Approval: RACHEL LEN T, City Engineer
Maurice M. Shiu
Public Works Dire �
Form Approved.
By
Farm Approve :
Silvano B. Marchesi
Co ty u I
By By
Deputy THOMAS H S, City Attorney
Attachment A
Engineers Estimate of Probable Cost
to Slurry Seal County Streets as part of
City of Walnut Creek 2004 Murry Seal Project
Estimated
Contractor Cost @ Engineering & Estimated
Street Name Pavement Area (SY $1.46/SY Admin (15%) Project Cast
County Streets
Rancho Estates Ct 3,642 $ 5,317.32 $ 797.60 $ 6,114.92
Shadowbrook Ct 1,896 $ 2,768.16 $ 415.22 $ 3,183.38
Total $ 9,298.30
County Maximum Cost in JEPA(120%of estimated total) $ 11,158
Attachment A Cost Estimate Revised:05/17/04
CqTO: BOARD OF SUPERVISORS
FROM: MAURICE M. SMIU, PUBLIC WORKS DIRECTOR
DATE: July 13, 2004
SUBJECT: State Route 4 East, Railroad Avenue to Loveridge Road, Pittsburg Area. District V
Project No. 4660-6X4287 Task: ACD Account: 3540
SPECIFIC REQUEST(S)OR RECOWENDATION(S)&BACKGROUND AND JUSTIFICATION
1. Recommended Action:
A. APPROVE the Relocation Assistance Claims listed below:
Claimant Claim Date Payee Amount
Susan Reddington Moving Expense 5/05/04 Credit Revolving Fund $202.50
Richard Parks Moving Expense 5/07/04 Credit Revolving Fund $337.50
Bryan Webb Moving Expense 5/04104 Credit Revolving Fund $202.50
Heather Ziemer Moving Expense 5/04/04 Credit Revolving Fund $236.25
Michelle Newton Moving Expense 5/07/04 Credit Revolving Fund $236.25
Elise Johnson Moving Expense 5/11/04 Credit Revolving Fund $236.25
Abram Martinez Moving Expense 5/04/04 Credit Revolving Fund $236.25
Saffari Toloui Moving Expense 4/28104 Credit Revolving Fund $337.50
Kendrick Bames Moving Expense 5/14/04 Credit Revolving Fund $236.25
Emmitt Jiles Moving Expense 5/14/04 Credit Revolving Fund $236.25
Suzanne Nicolucci Moving Expense 5/13104 Credit Revolving Fund $2012.50
Ralph Williams Moving Expense 5/13/04 Credit Revolving Fund $202.50
Devonna Grays Moving Expense 5/12/04 Credit Revolving Fund $202.50
Patricia Diokno Moving Expense 5112/04 Credit Revolving Fund $202.50
Julie Yount Moving Expense 5/04/04 Credit Revolving Fund $562.50
Continued on Attachment: X SIGNATURE:
(RECOMMENDATION OF COUNTY ADMINISTRATOR
—RECOMMENDATION OF BOARD COMMITTEE
,,,AIS-'ROVE OTHER
SIGNATURE(S):
--/V7
ACTION OF B(?ARP ON 111y 1~3, 2004 APPROVED AS RECOM"MENDED xx OTHER
VOTE OF SUPERVISORS
xx UNANIMOUS(ABSENT NONE )
AYES: NOES:
ABSENT: ABSTAIN:
I hereby certify that this is a true and correct
copy of an action taken and entered on the
minutes of the Board of Supervisors on the
CS:eh date shown.
G:\GrpData\RealProp12004-Files\BOS&RESBOSecPub4.doe
Div: Pubic Works(R/P) ATTESTED JULY 13 2004
Contact: C.Sousa(313-2223) JOHN SWEETEN,Clerk of the Board of
cc: County Administrator Supervisors and County Administrator
Auditor-Controller(via R/P)
P.W.Accounting By -- ". Deputy
Board Orders Clerk Specialist,Admin.
Subject: State Route 4 East, Railroad Avenue to Loveridge Road. Pittsburg Area.
Date: July 13, 2004
Page: 2
A. APPROVE the Relocation Assistance Claims listed below: (Continued)
Claimant Claim Date Pa +t~ Amount
Susan Thompson Moving Expense 5104/04 Credit Revolving Fund $100.00
Tonia Quinones Moving Expense 5103/04 Credit Revolving Fund $371.25
Ben Cantrell Moving Expense 5/07/04 Credit Revolving Fund $371.25
Thayne Christensen Moving Expense 5/03104 Credit Revolving Fund $202.50
Ernest Knight ill Moving Expense 5/07/04 Credit Revolving Fund $202.50
Robert&JoAnn Tsutsui Moving Expense 5110/04 Credit Revolving Fund $337.50
B. AUTHORIZE the Principal Real Property Agent to sign said claim forms on behalf of
the County.
C. AUTHORIZE the Public Works Director to charge the project by Journal Entry the sum of
$5,455.00 and credit the revolving fund monies for the same amount as advanced by the
Contra Costa Transportation Authority.
II. Financial Impact:
Payment totaling $5,455.00 to be made from the State Route 4 East Widening Project, Railroad
Avenue to Loveridge Road, which is 100% reimbursable from Contra Costa Transportation
Authority.
Ill. Reasons for Recommendations and Background:
The claimants are occupants at Security Public Storage located at 701 Bliss Avenue, Pittsburg,
a storage facility from which they are being displaced because of the highway widening project.
The payments are part of the relocation entitlement required by Government Cade § 7260, et.
Sect.
IV. Consequences of Negative Action:
The County will not be in compliance with State and Federal law.