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HomeMy WebLinkAboutMINUTES - 02062007 - C.20 fo SEL . TO: BOARD OF SUPERVISORS, AS GOVERNING '� - �L=��' Contra, BOARD OF THE FLOOD CONTROL & WATER CONSERVATION DISTRICT Costa x ,.a111iIH ;z FROM: MAURICE M. SHIU, CHIEF ENGINEER __p GAv`40 oST4 efcow County DATE: FEBRUARY 6, 2007 SUBJECT: GEOTECHNICAL SERVICES CONTRACT WITH HULTGREN-TILLIS ENGINEERS FOR DEER CREEK RESERVOIR EXPANSION PROJECT SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: APPROVE and AUTHORIZE the Chief Engineer,Flood Control and Water Conservation District,or designee,to execute a contract with Hultgren-Tillis Engineers in the amount of$102,000 for geotechnical services for the Deer Creek Reservoir Expansion Project, for the period November 14, 2006 through November 15, 2008, Brentwood area. (Drainage Area 105 Funds) (District III)Project No. 7590-6D8447 FISCAL IMPACT: No impact to General Fund. Project to be funded by drainage area fees. CONTINUED ON ATTACHMENT: ❑x SIGNATLR RECOMMENDATION OF COUNTY ADMINISTRATOR OMMENDATIO F BOARD CO I E APPROVE OTHER SIGNATURE(S): ,' _ ` e"- ��r. / ACTION OF BO ROD ?GV TK.A"D� O oQ/*0;i4PPROVED AS RECOMMENDED OTHER VOTE O SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON UNANIMOUS(ABSENT V7 ) MINUTES OF THE BOARD OF SUPERVISORS ON THE AYES: NOES: DATE SHOWN. ABSENT: ABSTAIN: Contact: Alex Rivas(925)313-2359 YF:AR:ET:cw _ G:\F'1dCtl\Board Orders 2005 Onward\2007 B01Deer Creek Reservoir BO 2-06- ATTESTED 07.doc JOHN CULLEN,CL .OF THE BOARD OF SUPERVISORS cc: County Auditor—Controller Public Works: Mitch Avalon,Deputy Chief Engineer Mike Carlson,Construction BY: DEPUTY Greg Connaughton,Flood Control Mike Hollingsworth,Design Kevin Tillis Hultgren-Tillis Engineers 2221 Commerce Ave.,Suite A-1 Concord,CA 945204987 SUBJECT: GEOTECHNICAL SERVICES CONTRACT WITH HULTGREN-TILLIS ENGINEERS FOR DEER CREEK RESERVOIR EXPANSION PROJECT DATE: FEBRUARY 6, 2007 PAGE: 2 of 2 REASONS FOR RECOMMENDATIONS AND BACKGROUND: As part of the Drainage Area 105 Plan,the Deer Creek Reservoir Expansion Project will provide additional storage capacity so that it can mitigate future development within the watershed. The geotechnical report is necessary to properly design the expanded Deer Creek Reservoir. CONSEQUENCES OF NEGATIVE ACTION: The planned expansion will not be able to be constructed. Contra Costa County STANDARD CONTRACT Number Standard Form L-1 (Purchase of Services,Long Form) Fund/Org# 75.90 Revised 2002 Account # 7590-6D8447 1. Contract Identification. Department: Contra Costa County Flood Control and Water Conservation District Subject: Geotechnical Services 2. Parties. The County of Contra Costa, California (County), for its Department named above, and the following named Contractor mutually agrees and promise as follows: Contractor: Hultgren-Tillis Engineers Capacity: Corporation Address: 2221 Commerce Avenue, Suite A-1, Concord, CA 945.20-4987 3. Term.. The effective date of this Contract is -November 14, 2006--. It terminates;on -November 15, 2008- unless 008unless sooner terminated or extended as provided herein. 4. Payment Limit. County's total payments to Contractor under this Contract shall not exceed $ 102,000.00 5. County's Obligations. County shall make to the Contractor those payments.described in the Payment Provisions Appendix B attached hereto which are incorporated herein by reference, subject to all th' Aerms and conditions contained or incorporated herein. 6. Contractor's Obligations. Contractor shall provide those services and carry out that work described in the Service Plan Appendix A attached hereto which is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 7. General and Special Conditions. This Contract is subject to the General Conditions and Special Conditions (if any) attached hereto,which are incorporated herein by reference. 8. Project. This Contract implements in whole or in part the following described Project, the application and approval documents of which are incorporated herein by reference: Title: Deer Creek Reservoir Expansion Project Description The area surrounding the reservoir is slated for residential development and Balfour Road is planned to be widened to four lanes. The District is planning to expand the storage capacity of the reservoir by excavating the areas surrounding the existing storage area. L-1 (Page 1 of 2) } Contra Costa County STANDARD CONTRACT Number 1 Standard Form L-1 (Purchase of Services-Long Form) Revised 2002 9. Leal Authority. This Contract is entered into under' and subject to the following legal authorities. Government code 31000 10. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA BOARD OF SUPERVISORS ATTEST: Clerk of the Board of Supervisors By By C airman/Designee Deputy CONTRACTOR Name business entity ��l �'-I ,alis�v ►ne ers Name of business entity 40erg-i 1 Ills 0.4,0rs By By •� ignature of individual or off i 40 (Signature of individual or officer) �_` caw�,J KA• tJ�-1 p2E'�►�=r`'T F,/1 e,� , e c (Print name and title A, if applicable) (Print name and title B, if applicable) Note to Contractor: For Corporations (profit or nonprofit), the contract must be signed by two officers. Signature A must be that of the president or vice-president and Signature B must be that of the secretary or assistant secretary (Civil Code Section 1190 and Corporations Code Section 313). All signatures must be acknowledged as set forth on Form L-2. L-1 (Page 2 of 2) Contra Costa County PAYMENT PROVISIONS Number Standard Form P-1 (Fee Basis Contracts - Long and Short Form) Revised 2002 I. Payment Amounts. Subject to the Payment Limit of this. Contract and subject to the following. Payment Provisions, County will pay Contractor the following fee as full compensation for all services, work, expenses or costs provided or incurred by Contractor. [Check one alternative only.] ❑ a. $ monthly, or ® b. $_Designated amount_per phase, as defined in the Service Plan, see APPENDIX B. ❑ c. $ after completion of all obligations and conditions herein.: ❑ d. Other: Please see payment provisions. 2. Payment Demands. Contractor shall submit written demands for payment on County Demand Form D- 15 in the manner and form prescribed by County. Contractor shall submit said demands for payment no later than 30 days from the end of the month in which the contract services upon which such demand is based were actually rendered. Upon approval of payment demands by the head of the County Department for which this Contract is made, or his designee, County will make payments as specified in Paragraph 1. (Payment Amounts) above. 3. Penalty for Late Submission. If County is unable to obtain reimbursement from the State of California as a result of Contractor's failure to submit to County a timely demand for payment as specified in Paragraph 2. (Payment Demands) above, County shall not pay Contractor for such services to the extent County's recovery of funding is prejudiced by the delay even though such services were fully provided. 4. Right to Withhold. County has the right to withhold payment to Contractor when, in the opinion of County expressed in writing to Contractor, (a) Contractor's performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or:audit of its program, work or records, or(c) Contractor has failed to sufficiently itemize or document its demand(s) for payment. 5. Audit Exceptions. Contractor agrees to accept responsibility for receiving, replying to, and/or complying with any audit exceptions by appropriate county, state or federal audit.agencies resulting from its performance of this Contract. Within 30 days of demand, Contractor.shall pay County the full amount of County's obligation, if any, to the state and/or federal government resulting from any: audit exceptions, to the extent such are attributable to Contractor's failure to perform properly any of.its obligations under this Contract. Initials: Contractor County Dept. Form P-I (Page I of 1) Contra Costa County GENERAL CONDITIONS Standard Form 1.-5 (Purchase of Services-Long Form) Revised 2003 L Compliance with Law. Contractor shall be subject to and,comply with all applicable federal,state And local laws and regulations with respect to its performance under this Contract, including but not limited to, licensing,employmeptand purchasing practices; and wages, hours and conditions of employment, including nondiscrimination, 2. Inspection. Contractor's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Contractor shall keep and make available for inspection and copying by authorized representativesof the County, the State of California, and the United States Government, the Contractor's regular business,records and such additional records pertaining to this Contract as may be required by the County. a. Retention of Records. Contractor shall retain all documents pertaining to this Contract for five years from the date of submission of Contractor's final payment demand or final Cost Report;for any further period that is required by law;and until all federal/state audits are complete and e'xceptions resolved for this contract's funding period.I Upon request, Contractor shall make these records available to authorized representatives of the County, the State of California, and the United States Government. b. Access to Books and Records of Contractor, Subcontractor. Pursuant to Section 1861(v)(1) of the Social Security Act, and any regulations promulgated thereunder, Contractor shall, upon Written request and until:the expiration of four years after the furnishing of services pursuant to thi's Contract, make available to the County, the Secretary of Health and Human Services,or the Comptroller General,Or any of their duly authorized representatives, this Contract and books,documents,and records of Contractor necessary to certify the nature and extent of all costs and charges hereunder. Further, if Contractor carries out any of the duties of this Contract through a subcontract with a value or cost of $10,000 or more over a twelve-month period, such subcontract shall contain a clause to the effect that upon.written request and until the expiration of four years after the furnishing of services pursuant I to such subcontram:the subcontractor shall make available to the County, the Secretary, the Comptroller General, or :any of their duly authorized representatives,the subcontract and books,documents,and records of the subcontractor I necessary to verify the nature and extent of all costs and charges thereunder. This special condition is in addition to any and all other terms regarding the maintenance or retention of records under this Contract and is binding on the heirs, successors, assigns and representatives of Contractor. 4. Reporting Requirements. Pursuant to Government Code Section 7550,Contractor shall include in all documents or written reports completed and submitted to County in accordance with this Contract,a separate section listing the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of each such document or written report, This section shall apply only if the payment limit under this Contract exceeds$5,000, 5 Termination and Cancellation. a. Written Notice. This Contract may be terminated by either party, in its sole discretion,upon thirty-day advance L,5 (Page 1 of 6) written notice thereof to the other, and may be cancelled immediately by written mutual consent. b. Failure to Perform. County,upon written notice to Contractor,may immediately terminate this Contract should Contractor fail to perform properly any of its obligations hereunder. In the event of such termination, County may proceed with the work in any reasonable manner it chooses. The cost to County of completing Contractor's performance shall be deducted from any sum due Contractor under this Contract,without prejudice to County's rights to recover damages. C. Cessation of Fundin>;. Notwithstanding Paragraph 5.a. above, in the event that federal,:state, or other non- County funding for this Contract ceases, this Contract is terminated without notice. 6. Entire Agreement, This Contract contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein,no other understanding,oral or otherwise,regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Contract,including but not limited to,monitoring,evaluating,auditing,billing,or regulatory changes,may- be developed and set forth in a written Informal Agreement between Contractor and County. Informal Agreements shall be designated as such and shall not be amendments to this Contract except to the extent that they further detail or clarify that which is already required hereunder. Informal Agreements may not enlarge in any manner the scope of this Contract, including any sums of money to be paid Contractor as provided herein. Informal Agreements may be approved and signed by the head of the county department for which this Contract is made or its designee. 8. Modifications and Amendments. a. General Amendments. This Contract may be modified or amended by a written document executed by Contractor and the Contra Costa County Board of Supervisors or,after Board approval,by its designee,subject to any required state or federal approval. b. Administrative Amendments. Subject to the Payment Limit,the Payment Provisions and the Service Plan maybe amended by a written administrative amendment executed by Contractor and the County Administrator(or designee), subject to any required state or federal approval, provided that such administrative amendment may not materially change the Payment Provisions or the Service Plan. 9. Disputes. Disagreements between County and Contractor concerning the meaning,requirements,or,performance of this Contract shall be subject to final written determination by the head of the county department for which this Contract is made,or his designee,or in accordance with the applicable procedures(if any)required by the state or•federal government. 10. Choice of Law and Personal jurisdiction. a. This Contract is made in Contra Costa County and shall be governed and construed:in accordance with the laws of the State of California. b. Any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, State of California. 11. Conformance with Federal and State Regulations and Laws. Should federal or state regulations or laws touching L-5 (Page 2 of 6) Contra Costa County GENERAL CONDITIONS Standard Form L-5 (Purchase of Services-Long Form) Revised 2003 upon the subject of this Contract be adopted or revised during the term hereof;this Contract shall be deemed amended to assure conformance with such federal or state requirements. 12. No Waiver by County. Subject to Paragraph 9. (Disputes)of these General Conditions, inspections or approvals,or statements by any officer, agent or employee of County indicating Contractor's performance or any part thereof complies with the requirements of this Contract,or acceptance of the whole or any part of said performance,or payments therefor,or any combination of these acts, shall not relieve Contractor's obligation to fulfill this Contract as prescribed; nor shall the County be thereby estopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract. 13. Subcontract and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. Prior written consent of the County Administrator or his designee, subject'to any required state or federal approval, is required before the Contractor may enter into subcontracts for any work contemplated under this Contract,or before the Contractor may assign this Contract or monies due or to become due, by operation of law or otherwise. 14. Independent Contractor Status. This Contract is by and between two independent contractors and.is not intended to and shall not be construed to create the relationship between the parties of agent, servant, employee, partnership, joint venture or association. 15. Conflicts of Interest. Contractor,its officers,partners,associates,agents,and employees,shall not make,participate in. making,or in any way attempt to use the position afforded them by this Contract to influence any governmental decision in which they know or have reason to know they have a financial interest under California Government Code Sections 87100; et seq., or otherwise. 16. Confidentiality. Contractor agrees to comply and to require its officers partners,associates,agents:and employees to comply with all applicable state or federal statutes or regulations respecting confidentiality,including but not limited'to,the identity of persons served under this Contract, their records, or services provided them, and assures that: a. All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential,and will not be open to examination for any purpose not directly connected with the administration of such service. b. No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service. Contractor agrees.to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by law may be guilty of a misdemeanor. 17. Nondiscriminatory Services. Contractor agrees that all goods and services under this Contract shall be available to all qualified persons regardless of age, sex, race, religion, color,,national origin, ethnic background, disability, or:sexual orientation, and that none shall be used, in whole or in part, for religious worship or instruction. 18. Indemnification. Contractor shall defend,indemnify,save,and hold harmless County and its officers and employees 1,5 (Page 3 of 6) Initials: C ntractor County De t. Contra Costa County GENERAL CONDITIONS Standard Form L-5 (Purchase of Services,Long Form) Revised 2003 from any and all claims, costs and liability for any damages, sickness, death, or injury to person(s) or property, including without limitation all consequential damages, from any cause whatsoever arising directly or indirectly from or connected with the operations or services of Contractor or its agents,servants,employees or subcontractors hereunder,save and except claims or litigation arising through the sole negligence or sole willful misconduct of County or its officers or employees. Contractor will reimburse County for any expenditures, including reasonable attomeys'fees,County may make by reason of the matters that are the subject of this indemnification,and,if requested by County,will defend any claims or litigation to which this indemnification provision applies at the sole cost and expense of.Contractor. 19. Insurance. Duringthe entire term of this Contract and any extension or modification thereof,Contractor shall keep in effect insurance policies meeting the following insurance requirements unless :otherwise expressed in the Special Conditions: a. Liability Insurance. For all contracts where the total payment limit of the contract is$500,000 or less,Contractor shall provide comprehensive liability insurance, including coverage for owned and non-owned automobiles, with a minimum combined single limit coverage of$500,000 for all damages,including consequential damages,due to'bodily injury, sickness or disease, or death to any person or damage to or destruction of property,,including the loss of use thereof, arising from each occurrence. Such insurance shall be endorsed to include County and its officers and employees as additional insureds as to all services performed by Contractor under this agreement. Said policies shall constitute primary insurance as to County,the state and federal governments,and their officers,agents,and employees; so that other insurance policies held by them or their self-insurance program(s)shall not be required to contribute to any loss covered under Contractor's insurance policy or policies. For all contracts where the total payment limit is above $500,000, the aforementioned insurance coverage to be provided by Contractor shall have a minimum combined single limit coverage of$1,000,000,and Contractor shall be required to provide.County with a copy of the endorsement making the County an additional insured on all general liability, worker's compensation, and, if applicable, all professional liability insurance policies as required herein no later than the effective date of;this Contract. b. Workers'Compensation. Contractor shall provide workers'compensation insurance coverage for its employees: C. Certificate of Insurance. The Contractor shall provide the County with(a)certificate(s)of insurance evidencing liability and worker's compensation insurance as required herein no later than the effective date of this Contract. If the Contractor should renew the insurance policy(ies)or acquire either a new insurance policy(ies)or amend the coverage afforded through an endorsement to the policy at any time during the term of this Contract, then Contractor shall provide (a) current certificate(s) of insurance. d. Additional Insurance Provisions. The insurance policies provided by Contractor shall include a provision for thirty(30) days written notice to County before cancellation or material change:of the above specified coverage: : 20. Notices. All notices provided for by this Contract shall be in writing and may be delivered by deposit in the,United States mail, postage prepaid. Notices to County shall be addressed to the head of the county department for which.this Contract is made. Notices to Contractor shall be addressed to the Contractor's.address designated herein. The effective L5 (Page 4 of 6) Initials: Contractor County Dept. Contra Costa County GENERAL CONDITIONS ` Standard Form Ifs (Purchase of Services,Long Form) Revised 2003 date of notice shall be the date of deposit in the mails or of other delivery,except that the effective date of notice to County shall be the date of receipt by the head of the county department for which this.Contract is made. 21. Primacy of General Conditions. Except for Special Conditions which expressly supersede General Conditions;the Special Conditions (if any)and Service Plan do not limit any term of the General Conditions. 22. Nonrenewal. Contractor understands and agrees that there is no representation, implication,or;understanding that the services provided by Contractor under this Contract will be purchased by County under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure to continue purchasing all or any such services from Contractor. 23. Possessory Interest. If this Contract results in Contractor having possession of,claim or right to the possession of land or improvements,but does not vest ownership of the land or improvements in the same person,or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue & Taxation Code Section 10:7), such interest or improvements may represent a possessory interest subject to property tax,and:Contractor may be subject to the payment of property taxes levied on such interest. Contractor agrees that this provision complies with the notice requirements of Revenue & Taxation Code Section 107.6, and waives all rights to further notice or to damages.under that or any comparable statute. 24. No Third-Party Beneficiaries. Notwithstanding mutual recognition that services under this Contract may provide some aid or assistance to members of the County's population, it is not the intention of either County or Contractor that such individuals occupy the position of intended third-party beneficiaries of the obligations assumed by either partyto this. Contract. 25. Copyrights and Rights in Data. Contractor shall not publish or transfer any materials produced'or resulting from activities supported by this agreement without the express written consent of the.County Administrator. If any material is subject to copyright, County reserves the right to copyright, and Contractor agrees not to copyright, such material.; If the material is copyrighted,County reserves a royalty-free,nonexclusive,and irrevocable license to reproduce,publish,and use such materials, in whole:or in part, and to authorize others to do so. 26. Endorsements. Contractor shall not in its capacity as a contractor with Contra Costa County publicly endorse:or oppose the use of any particular brand name or commercial product without the prior approval of.the Board of Supervisors. In its County contractor capacity,Contractor 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 Board of Supervisors. In its County contractor capacity,Contractor shall not participate or appear in any commercially produced advertisements designed to promote a particular brand name or commercial product, even if Contractor is not publicly endorsing a product,as long as the Contractor's presence in the advertisement can reasonably be interpreted as an endorsement of the product by or on behalf of Contra Costa County.: Notwithstanding the foregoing,Contractor may express its views on products to other contractors,the Board of Supervisors,County officers, or others who may be authorized by the Board of Supervisors or by law to receive such views. Ifs (Page 5 of 6) Initials. Contractor County Dept. Contra Costa County GENERAL CONDITIONS Standard Form 1,5 (Purchase of Services-Long Form) Revised 2003 27. Required Audit. (A) If Contractor is funded by$500,000 or more in federal grant funds in any fiscal year ending after December 31, 2003 from any source, Contractor shall provide to County at Contractor's expense an audit conforming to the requirements set forth in the most current version of Office of Management and Budget Circular:A, 133. (B) If Contractor is funded by less than $500,000 in federal grant funds in any fiscal year ending after December 31, 2003 from any source, but such grant imposes specific audit requirements; Contractor shall provide to County an audit conforming to those requirements. (C) If Contractor is funded by less than$500,000 in.federal grant funds in any fiscal year ending after December 31, 2003 from any source, Contractor is exempt from federal audit requirements for that year, however, Contractor's records must be available for and an audit may be required by, appropriate officials of the federal awarding agency, the General Accounting Office (GAO), the pass-through entity and/or the County,.If any such audit is required, Contractor shall provide County with such audit. With respect to the audits specified in (A);(B). and (C) above, Contractor is solely responsible for arranging for the conduct of-the audit, and for its cast. County may withhold the estimated cost of the audit or 10 percent of the contract amount,whichever is larger, or the final payment, from Contractor until County receives the audit from Contractor. 28. Authorization, Contractor, or the representative(s) signing this Contract on behalf of Contractor, represents and warrants that it has full power and authority to enter into this Contract and perform the obligations herein. L-5 (Page 6 of 6) Initials: Contractor "County Dept. Contra Costa County Flood Control & Water Conservation District December 18, 2006 Hultgren-Tillis:Engineers Number: 7590-6D8447 Page I SPECIAL CONDITIONS (Purchase of Services—Long Form) December 18, 2006 1. Ownershi}^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 County. 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 the County at no additional charge and without restriction or limitation on their use.Contractor retains all common law, statutory and other reserved rights, including the copyright thereto. Proprietary computer software and its applications,unless expressly developed as a work product for use by the County as part of the scope of services, remains the property of Contractor or the software developer. 2. Extra Work. Any work or services in addition to the work or services described in Appendix A shall be performed by Contractor according to the rates or charges listed on Appendix B. In the event that no rate or charge is listed for a particular type of extra work, Contractor 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 Contractor be entitled to compensation for extra work unless a written authorization or change order describing the work and payment terms has been executed by the County prior to the commencement of the work. 3. Payment Retention. The County shall retain ten percent(10%) of the monies due the Contractor as security for the fulfillment of this Agreement(Phases I and II). After the Contractor has completed all work under this Agreement(Phases land ll), submitted final billing, and the County has found the work to be accurate, the County will pay all withheld funds. The County will pay withheld funds in accordance with the requirements of Civil Code Section 3320 as applicable. Retention will not be withheld for any "on-call"work. 4. Insurance. Contractor shall, at no cost to the County, 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$25,000.00 and (c) Comprehensive General Liability Insurance, including blanket contractual (or contractual liability) coverage, broad form property damage coverage, and coverage for owned and non- owned vehicles, with a minimum combined single limit coverage of$1,000,000.00 for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof, arising out of each accident or occurrence, and naming County agency, Contra Costa County Flood Control and Water Conservation District, its/their governing bodies, officers and employees as additional insured. Contractor Contra Costa County Flood Control & Water Conservation District December 18, 2006 Hultgren-Tillis Engineers Number: 7590,6D8447 Page 2 shall promptly furnish to County certificates of insurance evidencing such coverage and requiring 30 days' written notice to County of policy lapse, cancellation or material change in coverage. 5. Termination by the County. At its option, the County shall have the right to terminate this Agreement at any time by written notice to Contractor, whether or not Contractor is then in default. Upon such termination, Contractor shall, without delay, deliver to the County 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. 6. Abandonment bContractor. In the event the Contractor ceases performing services under this Agreement or otherwise abandons the project prior to completing all of the services described in this Agreement, Contractor shall, without delay, deliver to the County 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 that the County incurs as a result of such cessation or abandonment. 7. Breach. In the event that Contractor fails to perform any of the services described in this Agreement or otherwise breaches this Agreement, the County 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 nonjudicial arbitration. Any litigation involving this Agreement or relating to the work shall be brought in Contra Costa County, and Contractor hereby waives the removal provisions of Code of Civil Procedure Section 394. 8. Subcontracting. All subcontracts exceeding $25,000 in cost shall contain all of the required provisions of this contract. Contractor will pay each sub-Contractor in accordance with the requirements of Civil Code Section 3321 as applicable. 9. Endorsement on Plans. Contractor shall endorse all plans, specifications, estimates,reports and other items described in Appendix A prior to`delivering them to the County, and where appropriate, indicate his/her registration number. 10. Heirs, Successors and Ansi.ns. 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. 11. Project Personnel. In performing the services under this Agreement, Contractor shall use the personnel listed in Appendix B, attached hereto and made a part hereof by this reference. Changes in project personnel may only be made with the County's;written consent, and Contractor shall notify the County in writing at least thirty(30)days in advance of any:proposed . ___..� 4;_4_ �C.OFIIrut WIc C.;�tLMIN �z IM, Contra Costa County Flood Control & Water Conservation District December 18, 2006 Hultgren-Tillis Engineers Number: 7590-6D8447 Page 3 change. Any person proposed as a replacement shall possess training, experience.and credentials comparable to those of the person being replaced. 12. Indemnification. Contractor shall adhere to the indemnification clause as identified in the General Conditions in situations arising directly or indirectly from or connected with the services provided hereunder that is caused, or claimed or alleged to be caused, in whole or in part, by the negligence or willful misconduct of Contractor, its officers, employees, agents,:contractors, sub- Contractors, 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 Contractor. Contractor's obligations under this section shall exist regardless of concurrent negligence or willful misconduct on he part of the County or any other person; provided, however, that Contractor 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 County, its governing body, officers, or employees. This indemnification clause shall survive the termination or expiration of this Agreement. Attachments: Appendix A and Appendix B � tZi"S?l"c'ti;1i?I' t;i)litltc' i�✓i'i"�. APPENDIX A Contra Costa County Flood Control & Water Conservation District December 18, 2006 Hultgren-Tillis Engineers Number: 7590-6D8447 Page 1 SERVICE.PLAN SCOPE OF SERVICES Geologic/Geotechnical Investigations Deer Creek Reservoir Contra Costa County, CA December 2006 Since 1994,the Contra Costa County Flood Control and Water Conservation District(County) has studied potential sites and developed conceptual configurations for a new storm water detention basin within the Deer Creek watershed in eastern Contra Costa County. The proposed Deer Creek Reservoir Expansion Project (Project), located along Balfour Road approximately .75 miles east of Deer Valley Road, is an alternative to the construction of a new detention basin. The site has an existing earthen dam and functions as a detention basin. There is an existing Deer Creek Detention Basin downstream of the Project as part of a two-basin system within the Deer Creek watershed. In order to differentiate the two basins, the name Deer Creek Reservoir was given, although it does not function like a reservoir and remains dry most of the year. The proposed basin expansion will extend to areas north and south of the Balfour Road embankment with the majority of the basin expansion located on the south side. The expansion on the southern side of Balfour Road is identified as Area A. The portion of the basin expansion north of Balfour Road is identified as Area B. The purpose of the Project is to collect and meter storm run off flows within the Deer Creek watershed. The goal is to enhance this facility by excavation, thus increasing storage capacity so that it can mitigate future developments that will be constructed within the-watershed. Currently, there are no plans to use the basin for any purpose other than storm water storage, but this situation may change when the site is annexed to Brentwood in the future. The Project will encompass approximately 20 acres. Water will be:impounded by an existing dam embankment and the natural terrain. The crest of the dam is at El. + 201- feet. Excavation is from the center of the site toward the west to form the expanded basin. Suitable materials will be marketed;for off-site reuse. Perimeter cut slopes will be graded at 5:1 (horizontal:vertical) on the southern portion of the basin and 3:1 on the northern portion north of Balfour Road. The basin bottom will remain at approximately El. +184 feet. Excavation depths of between 1 and 15 feet are anticipated: The basin will remain on-line (off-line optional) with a maximum storage of 400 acre-feet and a water depth of approximately 13.5 feet. Therefore, design and operation of the basin will conform to standards required by the State of California Department of Safety of Dams (DSOD). As currently proposed, the Project will be implemented in two phases. Phase I involves the excavation of soil material from the basin on both sides of Balfour Road. Phase II involves the replacement of two culverts under Balfour Road within the project site: An Alternate Phase II plan proposes the construction of a weir structure on the eastern portion of Area B that conveys overflows from Area B Contra Costa County Flood Control & Water Conservation District December 18, 2006 Hultgren-Tillis Engineers Number: 7590-6D8447 Page 2 into Area A through oversized culverts. The weir structure would also collect and convey low flows through a 21-inch RCP approximately 900 feet long and 9 feet below the existing ground surface of Area A and connecting to an existing primary spillway located in the northeast corner of.Area A. In the Alternate Phase II, the existing primary spillway would function as a secondary spillway in order to drain Area A. Phase II will occur in conjunction with the widening of Balfour Road anticipated to occur in the next five to ten years. GEOLOGIC CONDITIONS A watershed of approximately 4.0 square miles upstream of the Project, comprising most of Deer Valley and the eastern portion of Horse Valley, drains eastward in intermittent streams through flat alluvial valleys. Deer Creek is dry most of the year except during or immediately after rainy periods. An unknown portion of collected water may drain and move through the permeable valley alluvium below the surface mantle. There are no records showing evidence of Holocene fault movement within 2,000 feet of the site. The Project site is located in Quaternary alluvium fan deposits along the northeast edge of the Diablo Range where streams emerge from eroded valleys onto a broad, depositional plain. Upstream of the existing dam, the flat valley floor extends for a total length of about 2'/2 miles and has an average width of approximately 2,000 feet. The eastern half of the upstream valley drains into Deer Creek. The rest eventually drains into Sand Creek. OBJECTIVES The objectives of the geotechnical studies to be performed by Hultgren-Tillis Engineers . (Contractor) are to address design, construction, and operation issues, including the following: • Site assessment. • Soil characterization and evaluation to determine whether the material, which will be excavated, contains concentrations of chemicals of potential concern. • Identification of static and dynamic stability of slopes and embankments; including impact of soil liquefaction, high groundwater, slope erosion, and sudden drawdown conditions. • Recommendations on sources of suitable material within the basin excavation for embankment fill based on Caltrans criteria. • Determine the rate of seepage and its effect within embankments and cut slopes. • Identification of geologic hazards, including seismicity, soil liquefaction,.and potential impacts posed by existing or potential landslides. • Determination of the potential impact of construction and operation on groundwater table. • Coordination with DSOD. Contra Costa County Flood Control & Water Conservation District December 18, 2006 Hultgren-TillisEngineers Number: 7590-6D8447 Page 3 SCOPE OF WORK The scope of work for geotechnical studies shall be conducted in the following tasks/phases with non overlapping time frames: Phase I— Soil Characterization and evaluation(completion within ten weeks of contract execution) Task 1 —Utility Plan Survey Task 2—Drill and Sample Soil Borings Task 3 —Analyze Soil Samples for engineering properties for Specified Contaminant Constituents Task 4—Analyze Data and Prepare Report Phase II—Geotechnical Engineering Analysis (completion within three months of notice to proceed) Task I —Review and Analyze existing pertinent geologic data Task 2 —Produce a Materials Report Task 3 —Produce a Final Geotechnical Report Task 4—Assistance with DSOD Phase III—Project Support (on-call basis) All reports will be sent to the following address: Assistant Chief Engineer Contra Costa County Flood Control & Water Conservation District 255 Glacier Drive Martinez, CA 94553 The listed tasks are discussed in detail below: Phase I—Site Assessment and Soil Characterization—This phase consists of conducting soil investigations to characterize subsurface conditions at the site, take soil samples of excavated material, and make determination of the suitability of the excavated soil for reuse or appropriate disposal method. Task 1 — Utility Plan Survey—An underground utility survey will be conducted in accordance with California State law. Screen the drill sites for potential underground interference.Each drill site will be marked with a white-painted wood stake and Underground Service Alert (USA) shall be notified 48 hours in advance of drilling. Permits for the drilling of soil borings shall be acquired from the Contra Costa County Environmental Health Division(County EHD). Task 2—Drill and Sample Soil Borings—Upon receipt of the County EHD soil boring permits, Contractor will supervise a California-licensed (C-57) drilling contractor during drilling of the soil borings using a hollow stem auger system. To investigate the entire project site, a total of twelve (1'2) Contra Costa County Flood Control & Water Conservation District December 18, 2006 Hultgren-Tillis Engineers Number: 7590-6D8447 Page 4 soil borings will be completed; three to a depth of 15 feet, two to adepth of 10 feet, four'.to a depth:of 7.5 feet, and three to a depth of 5 feet, based on the location within the area to be excavated. In situ: soil samples will be collected continuously from ground surface to the total depth of each boring for analysis of specified constituents. If sampler refusal is encountered before the total target depth of a boring is reached, drill cuttings will be collected for laboratory analysis. The soil,samples collected will be placed in clean laboratory-supplied containers and transported to a California-certified analytical laboratory under chain of custody procedures. A qualified geologist or engineer will prepare boring logs with description of soil type,relative moisture content and relative density. Upon completion of the drilling and sampling,the boring will be backfilled'with drill cuttings, andits position will be identified with a metal pipe stake including the boring identification number. Task 3 —Analyze Soil Samples for Specified Constituents—In accordance with Department of Toxic Substances Control (DTSC) Title 22 minimum requirements for classification of material for potential reuse or disposal, Contractor will analyze soil samples for the following constituents at the minimum: • California Assessment Manual metals (CAM 17) using EPA 6000 Series methods • Soil pH using EPA 9035 • TEPH (8015/8021) including BTEX Selected soil samples collected from borings in the vicinity of the active feed store to the west and along the intermittent drainage channel along the north edge of the project area will be additionally: analyzed for organochlorine pesticides/herbicides and PCB's using EPA Methods 8000 Series Methods. Laboratory testing will include fifteen (15) moisture density determinations and four(4) Atterberg Limits. Laboratory testing will be performed on selected boring samples, minimum four (4), and will consist of Atterberg Limits, moisture and density, and R-value. Task 4—Analyze Data and Prepare Report—The soil sample analytical results will be evaluated and compared with DTSC Title 22 requirements for potential reuse. If a specific constituent exceeds its corresponding total threshold limit concentration (TTCL), additional testing will be performed. Upon request, selected soil samples will be analyzed to determine the soluble threshold limit concentrations (STLC). The need for additional testing (STLC) can only be determined after receipt and review of the laboratory results. The results, findings, conclusions, and recommendations of the:initial site assessment and soil characterization will be transmitted in a reportalong with the soil sampling and analysis. The report will include logs of borings and soil classification. Intent of Phase I is to make exploratory borings and sample and test soils to determine characteristics and extent of soil deposits suitable for off-site use as engineered fill or landscape material. Phase II— Geotechnical Engineering Analysis —This phase consists of evaluating the geotechnical engineering aspects of the Project, producing a materials report and a final geotechnical report. The Contra Costa County Flood Control & Water Conservation District December 18, 2006 Hultgren-Tillis Engineers Number: 7590-6D8447 Page 5 scope of work will include reviewing existing data on the dam and Reservoir, including the as-built plans and maintenance reports for the dam. Also, this phase covers'review of the'existing geologic data from published maps and reports. Task I —Review and Analyze existing pertinent geologic data—Contractor will perform the following services: • Perform reconnaissance-level geologic mapping of bedrock exposures and determine aerial limits of surficial units at the site. • Research and review historic vertical aerial photographs of the project site to evaluate the stability of the natural slopes over time and attempt to locate past grading or mining activities near the site. • Excavate and log a total of 12 to 16 backhoe test pits along the north and south slopes up to 5-feet deep to characterize the underlying bedrock and evaluate the bedrock structure within the proposed enlargement area. The locations and number of test pits will be determined in the field. The test pits will be backfilled with tamped spoils excavated from the pits. • Evaluate cut slope stability for static and dynamic conditions, including.consideration for seepage and sudden drawdown. Evaluate impacts to stability and the potential for failure due to seepage and sudden drawdown for the existing and expanded roadway embankments and planned outlet structure. • Potential impacts of construction on groundwater. • Prepare geologic and related sections of report, including potential for soil liquefaction Task 2—Produce a Materials Report—Contractor will use the data from the field investigations to develop conclusions and recommendations regarding subsurface conditions, cut slope stability, allowable slope inclinations within the basin and within the existing hillsides. The report will identify potential suitable materials from within the embankment and include a discussion of possible reuse on other sites. Recommendations for remedial grading will be provided, if needed,'for cut slopes. Task 3—Produce a Final Geotechnical Report—Contractor will discuss the results of the soils investigation as recommendations are developed. Results of the investigation will be incorporated into a written report. The report will include a geologic map of the basin area, test pit logs, boring logs and Contractor recommendations. Task 4—Assistance with DSOD—Contractor will provide assistance with DSOD. Other functions of this task includes filling out the application, attending at least one meeting with DSOD;providing consultation to the County, and if needed, to act as the County representative. Phase III—Project Support—Contractor services for this phase includes reviewing plans and specifications that are developed by the County, assisting with cost estimates, and providing construction support. Contra Costa County Flood Control & Water Conservation District December 18, 2006 Hultgren-Tillis Engineers Number: 7590-6D8447 Page 6 FEE ESTIMATE Contractor fee proposal is located on Appendix B, Payment Provisions..A separate estimate for the work by Contractor's subcontractor is located on Appendix B, page 3, along with a plan showing proposed boring locations. PROJECT TASKS BY THE COUNTY The County will conduct all civil, hydraulic, and structural engineering for this project. The County . will also obtain all environmental permits/clearances from regulatory agencies, except permits for drilling from County EHD. YF:AR:cw G:\FldCtl\Watershed Planning-Engineering\DA 105 \Deer Creek Reservoir\Geotech\L3,APPENDIX A.doc APPENDIX B Contra Costa County Flood Control & Water Conservation District December 18, 2006 Hultgren-Tillis Engineers Number: 7590-6D8447 App. B Page 1 PROJECT COSTS FOR SERVICES AND MATERIALS SUPPORTING COST BREAKDOWN No 809M Name Deer Creek Detention Basin Task Geotechnical Services Date August 10,2006 PHASE 1 Quantity Rate In House Subs Mark Up Extension Task Total Environmental Assessment 539,387 Alisto(see attached detail) 1 ea $29,715 529,715 15% $34,172 Senior Principal 24 hr $180 $4,320 Kioisture?Density 15 ea $25 $375 Atteterc.linuts 4 ea $130 5520 Total• 1n House Sufis Mark Up Suit-Total Phase 1 $38,492 $4,320 $29,715 $4,457 $34,172 539;387 PHASE 2 Review Existing Data -DamstBasin 84.560 Staff 8 hr S90 5720 Senior 16 hr 5125 $2,000 Senior Prncipaf 8 hr 5180 $1,440 Word Processing 8 hr $50 5400 Reproduction 1 ea $200 $200 16% Engineering Geology $16.,975 Earth f=ocus 1 ea S8,000 58,000 -15% $9,200 Backhoe-IrtobiDemob 5 hr 5100 $500 16% 5575 Backhoe-Test Pits 30 hr $100 53,000 16% 53,450 Senior Principal 20 hr 5180 $3,500 Truck 10 hr S15 $150 Laboratory testing 51,560 R-value 2 ea S300 $$600 15°ta 5690 1lloisture;Density 14 ea S25. $350 Atterbereg limits 4 ea $130 $520 Engineering Analyses $9,120 Staff 20 hr $90 S1,800 Senior 24 hr S125 $3,000 Senior Principal 24 hr 5180 $47320 Assist with DSOD $7,350 Senior Pi-mcipad 40 fir 5180 $7,200 Truck 10 hr 515 5150 Report Preparation $11,135 Staff 40 hr $90 $3,600 Senior 20 hr $125 52,500 Senior Principal 24 hr 5190 $4.3213 l"v ord Processing 12 hr $50 $600 Printing 1 ea 5100 $100 15% 5115 Contra Costa County Flood Control & Water Conservation District December 18, 2006 Hultgren-Tillis Engineers Number: 7590-6D8447 App. B Page 2 Meetings $2,880 Senior Principal '16 hr $180 $2,880 Total In House Subs Mark Up Sub-Total Phase 2 $53,580 $39,550 512,400 $1,630 $53,584 No 609M Narne Deer Creek Detention Basin Task Geotechnical Services Date August 10,2006 PHASE 3 Plan and spec reviews $2;440 Senior 8 hr $125 $1,000 Senior Principal 8 hr $180 $1,440 Meetings $1,080 Senior Princioai 6 hr $180 $1,080 Assist with cost estimates $720 Senior Principal 4 hr $180 $720 Construction Supl)ort $4,675 Senior 8 hr $125 $1,000 Senior Principal 20 hr 5180 53.6300 Truck 5 hr $15 $75 Total In House Subs Mark Up Sub-Total Phase 3 $8,915 $8,915 So $0 $8.915 TOTAL -Three Phases $101,882 Contra Costa County Flood Control & Water Conservation District December 18, 2006 Hultgren-Tillis Engineers Number: 7590-6D8447 App. B Page 3 COST BREAKDOWN Initial Environmental Site Assessment and Soil Characterization Alisto Engineering Group CCFCO Deer Valley Reservoir Project Proposal No.'10-06-077 Task UNIT No. TASK COST ITEM QUANTITY RATE TOTAL 7.0 Fre-Fiaba Aotioties Principal 2 $170.00 ° '7.GG r.Project Management Senics Projec:GeoloMst 13 S1orl,00 3%C10JOcl Gewogist 1$ S30.00 51.28€7_:+C clerical _ 54B.Cvo s9a_�C Permits $450.00 Uiili y=oca.tcr 8 S150.00 Srs•309.oG Travel& Expenses 1 5200-00 $200,00 SUBTOTAL-Task'I Sb.I79 00 2.o Frin,:n a; 1 $1 0.0c $170.CC 2en.or Projec:Geologist 1 S100-00 5",200.00 Gecicg.st 2•9 880_[10 S2.24*0..0C Drilling Sutcontrac?or 1 $r5.000.0G S6,0_01100 'Aateriajs E Expenses 1 $500-0'0 sc•00.0G Travel&Expenses 1 $350,00 $350.00 SUBTOTAL-Task2 SiO, 80.t�0 3.0 LadoraaeryAnalys,s CAM 17 Metals 34 5185.0.0 85,51J_oC Organoehfor Pe.strHero PCS 5 S-3.50.D0 $,750,00 TEPP 5 SKi.C0 $200.00 Scil pH 8 520+.00 s180.0C STLC fEstirnaied} 15 S45`.CCI S'..275 0K,. Sample Sh-ipping 1 51Oct.010 $1017?-1C SUBTOTAL-Task 3 SC,,19 5,00 ..0 Dat,; C:omoilation =;ahiaJon Frincipa? 1 $170.0C 3779.00 Senic�-Project Geologist 12 5100.00 S*,207.00 Geologist i's 580.00 51,,4-0-0C SUBTOTAL-Task 4 52.810.00 .7 Frey_=on Fra;taratian Frinr~pat i $170.0C. $170.CfC Zenior Projec:Gear©g=st S19c+.00 s400.00 GEOtOg:SF � 530.C;t� 3e=0.UC` CAOD Operalor S135.00 00 Tecnrical Editor 4 S5C.CID s2n.0 00 b.later;a;s S Suor..lies 1 5 150.00 '$159.00 SUBTOTAL-Task 5 S2,080.00 TOTAL.PROPOSED COST $29,715 . � � Contra Costa County Flood Control & Water Conservation District � December l8, 2OU6 Hultgren-Tillis Number: 7590-6D8447 � App. GPage 4 PERSONNEL-(As yrovb�db��oo�ructor ' . . / Professional Services Staff.................................................................................................. ...... ................................ ... $0U00/hour ' �lO��0/�our Project-----------------------------------_---------. ' Senior............................................................................................................ ........ ................... $l251N/hour Associate....................................................................................................... $l4Ol0/hour � Principal----------------------------------_--------_-3l68l0/hour Senior Principal----------------------------------------.—$l8O.Oo/hour � Technical Support Services ` ��OIN hour \�ordProcea �g ----------------_---__—_______________^__ / � Drafting......................................................................................................... .............................. $80.00 hour � Teuhniciao-.... .......... .................................................................................. ......................... .... $65lN/hour . Engineering $8O1N/hour Engineering TuubniciuowidbTrucbondRo|dTeodn8Bquipmuot---------------'$051N/hour Equipment ' �l5�00/h TruckaondFie|dVohiu|cm------------------------------------ our Automobiles.................................................................................................. ................................ $O.5O/mile Field Monitoring Instruments.....................................................................................................Separate Schedule LaboratoryTesting......................................................................................................................Separate Schedule ` � Outside Services — Drilling subcontractors will hecharged utcost plus twenty percent. Other subcontractors, rentan[6on'oxmmd equipment, and other non-labor costs including outside printing,travel costs and subsistence will be charged at cost plus fifteen percent. Contract Labor ` On occasion, Professional and 7eobniud Support labor are retained on atemporary hoaio to meet or � schedule requirements ofprojects. Such contract labor will bccharged atregular Schedule ofCharges rates. �Overtime ' ' Technical Support Services overtime will be charged. at forty percent and double time will be charged at seventy percent above the Schedule o[Charges rates. ' Litigation Support Expert testimony in depositions, hearings, mediations n« trials will be charged at $2,000 per dayorportion � 1[ormo � This Schedule of Charges xbu\ be part of a vxdton agreement. If Client verbally requests Uia Engineers to proceed prior to executing a contract, such services shall be understood to be performed in accordance with uun&ron ' /uuxEngineers'attached General Conditions. Contra Costa County Flood Control & Water Conservation District December 18, 2006 Hultgren-Tillis Engineers Number: 7590-6D8447 App. B Page 5 Deer Creek Reservoir Expansion Project List of Subcontractors and. HTE Staff Staff Edwin M. Hultgren, Senior Principle R. Kevin Tillis, Senior Principle Hugh D. Davis, Senior Rick Chen, Senior D. Javier Marticorena, Staff Subcontractors Earth Focus Geological Services, Inc. Alisto Engineering Group