HomeMy WebLinkAboutMINUTES - 05012007 - C.2 " TO: BOARD OF SUPERVISORS ` 6 - Contra
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
Costa
DATE: May 01, 2007 °os A�aUK °� County
SUBJECT: APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with
Vali Cooper& Associates, Countywide. (All Districts)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract in the amount of
$400,000 with Vali Cooper&Associates,to provide subdivision inspections and construction management services
for the period of May 1, 2007 through April 30, 2009, Countywide. (Developer Fees) (All Districts)
FISCAL IMPACT:
There will be no impact on the County General Fund, and shall be paid for by Developer Fees.
Continued on Attachment: ® SIGNATURE:
h
ECOMMENDATION OF COUNTY ADMINISTRATOR El RECOMMENDATION OF BOARD COMMITTEE
APPROVE ❑ OTHER
SIGNATURE(S):
ACTION OF BOiOMMEN&tD
ON
APPROVED AS OTHER F]
VO GI*OF SUPERVISORS /� I hereby certify that this is a true and correct copy of an action
✓ UNANIMOUS(ABSENT ��� ` ) taken and entered on the minutes of the Board of Supervisors on
the date shown.
AYES: NOES:
ABSENT: ABSTAIN:
G:\Const\BO\2007\5-1-07CSA-ValiCoopersubinspec.doc ATTESTED-
JOHN CULLEN,Cler f the Board of Supervisors and County
Orig.Div:Public Works Construction Division) Administrator
Contact: Mike Carlson,313-2320
cc:
Accounting,P.Denison By Deputy
Auditor-Controller
E.Kuevor,CAO
County Counsel
Contractor
Surety
SUBJECT: APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with
Vali Cooper& Associates, Countywide. (All Districts)
DATE: May 01, 2007
PAGE: 2 of 2
REASONS FOR RECOMMENDATIONS AND BACKGROUND:
The public works department is recommending that the county enter into a contract for construction management
inspection services. The construction division uses consultants to augment our current inspection staff. The
consultants will be used to inspect privately constructed facilities within the public road right of way or flood control
rights of way.
The Public Works Department went through a consultant selection process that outreached to over fifty (50)
engineering construction management firms. From the responses, eight firms were invited in for interviews. Vali
Cooper& Associates was selected by the committee as one of the most qualified firms to represent the county.
The proposed contract will be for a two year on-call construction management services. As the need arises for staff
assistance in inspection, the construction division of public works department will solicit the on-call firms to
determine the availability of staff. The staff will be then brought on and once the assignment is completed or the
workload decreases the consultant staff person will be relieved from the assignment. The entire cost of the contract
and inspection services will be covered by either Developer or permit fees.
CONSEQUENCES OF NEGATIVE ACTION:
If the Consultant Services Agreement with Vali Cooper & Associates is not approved, it may,not be possible to
complete inspections or construct the project.
CONSULTING SERVICES AGREEMENT
1. Special Conditions. These Special Conditions are incorporated below by reference.
(a) Public Agency: Contra Costa County Public Works Department
(b) Consultant's Name &Address: Vali Cooper&Associates, Inc.
41 Washington Avenue
Point Richmond, CA 94801 FORM APPROVED,
S1tVil'�V''10 B.IMARCHESI,C unty ns I
(c) Project Name, Number, & Location: Subdivision Inspections,All County Areas _
(d) Effective Date: May 1, 2007 (e) Payment Limit(s): $400,000.00 By Dep t
(f) Completion Date(s): April 30, 2009
2. Signatures. These signatures attest the parties'agreement hereto:
PUBLIC AGENCY CONSULTANT
By: Maurice M. Shiu
Public Works Director/ By: � �
(Designa officia apacity in the business Type of Business:
(sole pr prietorship, government agency, partnership, corporation, etc.)
If Corporation, State of Incorporation:�(�
By: By: Vp h®o
(D signate official capacity in the business)
Note to Consultant: For corporations, the contract must be signed by two officers. The first signature must be that of the
chairman of the board, president, or vice-president; the second signature must be that of the secretary,assistant secretary,
chief financial officer, or assistant treasurer. (Civ.Code, Sec. 1190 and Corps.Code.Sec.313.)The acknowledgment below
must be signed by a Notary Public.
CERTIFICATE OF ACKNOWLEDGMENT
State of California %� )
County of `�'` " ) ss.
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)
is/are 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.
WITNESS my hand and official seal.
Dated:
Notary Public
(Notary's Seal) II��
fame=II en
C�ennN�M�n#1>
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3. Parties. Effective on the above date,the above-named Public Agency and Consultant mutually agree and promise as
follows:
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4. Employment. Public Agency hereby employs Consultant, and Consultantaccepts such emp| .-''ent.hoperh»nnUhe
professional services duaoibadherein, upon the� n�
� aand inconsideration ofthe poyn�enbmstated-�herein.
5. Scope of Service. Scope ofservice shall beesdescribed in Appendix/\ attached hereto and made apart hereof by
this reference.
6. Report Disclosure Secti Any document orwritten 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,�mount represents compensation for
multiple documents or written reports.
7. Insurance. Consultant shall, at no cost toPublic Agency, obtain and mai ntain during
'
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) Comprehensive General or Commercial Liability
Insurance, including blanket contractual(or contractual liability)coverage, broad form property damage coverage,and
coverage for owned and non-owned vehicles,with a minimum combined single limit coverage of$1,000,000.00 for all
damages due to bodily injury,sickness or disease,or death to any person,and damage to property, including the loss
of use thereof, arising out of each accident or occurrence, and naming Public Agency, its/their governing bodies,
officers and employees as additional insureds. Consultant shall promptly furnish to Public Agency certificates of
insurance evidencing such coverage and requiring 30 days'written notice to Public Agency of policy lapse,cancellation
or material change in coverage.
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U. Payment. Public Agency shall pay Consultant for professional services performededthe rates shown inAppendix 8
attached hereto, which include all overhead and incidental expenses, for which no additional compensation shall be
allowed. Notwithstanding the foreooing, those incidental expenses mpeodfinoUy itemized in Appendix 8 shall be
reimbursable byPublic Agency boConsultant,provided that��onauUantsubnmitocopies ofreceipts
'and,ifapplicable,o
detailed mileage log toPublic Agency. |nnoevent shall the total amount paidboConsultant exceedh
apnoh5ed in Sen. 1(e) without prior written approval of the Public Agency. (�o be
payment---`-'
submitted at convenient intervals approved bvPuNicAgency and shall list, for itemitemof ~services.�e mrp '
cak»goriem, hours and rates. Public Agency will pay consultant in accordance with the requirements of Civil Code
employee
Section 332Oesapplicable. �
0. Status. The Consultant isanindependent contractor, and shall not beconsidered onemp|oyea of Public Agency.
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10. Time for Completion. Unless the time is extended inwriting byPublic Agency, Consultant shall completeaUnonvioea
covered by this Agreement no later than the Completion Date(s) listed above.11. Record Retention and Auditing. Except for materials and records delivered
to Public Agency,Consultant shall retain all'
materials and records prepared or obtained in the performance of this Agreement, including financial records, for a
period of at least five years after Consultant's receipt of the final payment under thi's 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. Documenta ion.Consultant shall prepare and deliver boPublic Agency at no additional charge,the� itemudescribed in
Appendix A to document the performance of this Agreement and shall furnish to Public Agency such information as is
necessary toenable Public Agency bomonitor the performanceofthis Agreement.
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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.
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14. Extra Work. Any work or services in addition to the work or services described in Appendix A shall be performed by
Consultant according to the rates or charges listed in Appendix B. In the event that no rate or charge is listed for a
particular type of extra work, Consultant shall be paid for the extra work at a rate to be mutually agreed on prior to
commencement of the extra work. In no event shall Consultant be entitled to compensation for extra work unless a
written authorization or change order describing the work and payment terms has been executed by Public Agency prior
to the commencement of the work.
15. Payment Retention. A retention will not be withheld for any"on-call"work.
16. Termination by Public Agency.At its option, Public Agency shall have the right to terminate this Agreement at any time
by written notice to Consultant,whether or not Consultant is then in default. Upon,,such termination, Consultant shall,
without delay, deliver to Public Agency all materials and records prepared or obtained in the performance of this
Agreement, and shall be paid, without duplication, all amounts due for the services rendered'up to the date of
termination.
17. Abandonment by Consultant. In the event the Consultant ceases performing,:services under this Agreement or
otherwise abandons the project prior to completing all of the services described in this Agreement, Consultant shall,
without delay, deliver to Public Agency all materials and records prepared or obtained in the performance of this
Agreement, and shall be paid for the reasonable value of the services performed up to the time of cessation or
abandonment, less a deduction for any damages or additional expenses which Public Agency incurs as a result of such
cessation or abandonment.
18. Breach. In the event that Consultant fails to perform any of the services described in this Agreement or otherwise
breaches this Agreement, Public Agency shall have the right to pursue all remedies provided by law or equity. Any
disputes relating to the performance of this Agreement shall not be subject to non-judicial arbitration. Any litigation
involving this Agreement or relating to the work shall be brought in Contra Costa County,and Consultant hereby waives
the removal provisions of Code of Civil Procedure Section 394.
19. Compliance with Laws. In performing this Agreement, Consultant shall use due professional care to comply with all
applicable laws, statutes, ordinances, rules and regulations, whether federal, state, or local in origin. This includes
compliance with prevailing wage rates and their payment in accordance with California Labor Code, Section 1775.
20. Assignment. This Agreement shall not be assignable or transferable in whole'or in part by Consultant, whether
voluntarily,by operation of law or otherwise; provided,however,that Consultant shall have the right to sub-contract that
portion of the services for which Consultant does not have the facilities to perform so long as Consultant notifies Public
Agency of such subcontracting prior to execution of this Agreement.Any other purported assignment,transfer or sub-
contracting shall be void.
21 Subcontracting.All subcontracts exceeding$25,000 in cost shall contain all of the required provisions of this contract.
Consultant will pay each subconsultant in accordance with the requirements of Civil Code Section 3321 as applicable.
22. Endorsement on Plans.Consultant shall endorse all plans,specifications,estimates,reports and other items described
in Appendix A prior to delivering them to Public Agency, and where appropriate, indicate his/her registration number.
23. Patents and Copyrights.The issuance of a patent or copyright to Consultant or any other person shall not affect Public
Agency's rights to the materials and records prepared or obtained in the performance of this Agreement.Public Agency
reserves a license to use such materials and records without restriction or limitation, and Public Agency shall not be
required to pay any additional fee or royalty for such materials or records.The license reserved by Public Agency shall
continue for a period of fifty years from the date of execution of this Agreement, unless extended by operation of law or
otherwise.
24. Indemnification. Consultant shall indemnify, defend, save, protect, and hold harmless Public Agency, its governing
body, officers, employees, representatives, and agents ("Indemnitees") from any and all demands, losses, claims,
costs,suits, liabilities,and expenses for any damage, injury,or death(collectively"Liability')arising directly or indirectly
from or connected with the services provided hereunder which is caused,or claimed or alleged to be caused,in whole
or in part, by the negligence or willful misconduct of Consultant, its officers, employees, agents, contractors,
subconsultants,or any persons under its direction or control and shall make good to and reimburse Indemnitees for any
expenditures, including reasonable attorneys'fees and costs, the Indemnitees may make by reason of such matters
and , if requested by any of the Indemnitees,shall defend any such suits at the sole cost and expense of Consultant.
Consultant's obligations under this section shall exist regardless of concurrent negligence or willful misconduct on the
part of the Public Agency or any other person; provided, however, that Consultant shall not be required to indemnify
Indemnitees for the proportion of liability a court determines is attributable to the negligence or willful misconduct of the
Public Agency, its governing body,officers,or employees. This indemnification clause shall survive the termination or
expiration of this Agreement.
25. Heirs, Successors and Assigns. Except as provided otherwise in Section 20 above,this Agreement shall inure to the
benefit of and bind the heirs, successors, executors, personal representatives, and assigns of the parties.
26. Public Endorsements. Consultant shall not in its capacity as a Consultant with Public Agency publicly endorse or
oppose the use of any particular brand name or commercial product without the prior approval of the Public Agency's
governing board. In its Public Agency Consultant capacity, Consultant shall not publicly attribute qualities or lack of
qualities to a particular brand name or commercial product in the absence of a well-established and widely accepted
scientific basis for such claims or without the prior approval of the Public Agency's governing board. In its Public
Agency Consultant capacity,Consultant shall not participate or appear in any commercially-produced advertisements
designed to promote a particular brand name or commercial product, even if Consultant is not publicly endorsing a
product,as long as the Consultant's presence in the advertisement can reasonably be interpreted as an endorsement
of the product by or on behalf of Public Agency. Notwithstanding the foregoing, Consultant may express its views on
products to other Consultants,the Public Agency's governing board, its officers,or others who may be authorized by
the Public Agency's governing board or by law to receive such views.
27. Project Personnel. In performing the services under this Agreement, Consultant shall use the personnel listed in
Appendix C, attached hereto and made a part hereof by this reference. Changes in project personnel may only be
made with Public Agency's written consent,and Consultant shall notify Public Agency in writing at least thirty(30)days
in advance of any proposed change. Any person proposed as a replacement shall possess training,experience and
credentials comparable to those of the person being replaced.
28. Disadvantaged Business Enterprise(DBE) Requirements (Federal aid proiects only). Consultant shall comply with
all applicable provisions of 49 CFR, Parts 23 and 26, and the County's Disadvantaged Business Enterprise(DBE)
Program, which are incorporated into this Agreement by reference. In addition,!in performing services under this
Agreement, Consultant shall utilize all DBEs listed in Consultant's written response to the Public Agency's request
for qualifications or request for proposal and shall pay to the listed DBEs the estimated amounts listed in Appendix
B attached to this Agreement. The Consultant shall not substitute a listed DBE at any time or decrease the
amount to be paid to a listed DBE without the advance, written consent of the Public Agency. If a listed DBE is
proposed to be replaced, Consultant shall make a good faith effort to replace the original DBE with another DBE
and shall submit to Public Agency written documentation of such effort.
29. Federal Cost Principles and Procedures (Federal aid projects only). Consultant shall comply with the following
provisions,which are incorporated into this Agreement by reference: (a)the cost principles for allowability of individual
items of costs set forth in 48 CFR, Chapter 1, Part 31: (b)the administrative procedures set forth in 49 CFR, Part 18;
and (c) the administrative procedures for non-profit organizations set forth in OMB Circular A-110, if applicable to
Consultant. In the event that payment is made to Consultant for any costs that are determined by subsequent audit to
be unallowable under 48 CFR, Chapter 1, Part 31, Consultant shall refund the payment to Public Agency within 30
days of written request from Public Agency. Should Consultant fail to do so, and should the Public Agency file legal
action to recover the refund, Consultant shall reimburse the Public Agency for all attorney's fees, costs, and other
expenses incurred by Public Agency in connection with such action.
Attachments:Appendix A,Appendix B,Appendix C
Form approved by County Counsel(11/00)
G:\Const\Consultants\2007\CSA Vali Cooper.doc
APPENDIX A
SCOPE OF SERVICES
Consultant will perform the following tasks upon request by the County:
Materials Testing
• Coordinate Field and Laboratory Testing Services
Pre-Job Coordination and Administration
• Establish Project Documentation and Record Procedures with County
• Coordinate and/or Conduct/Attend Pre-construction Conference
Construction Coordination
• Act as Point of Contact Between Contractors, County and Third Parties
• Coordinate with Utility Companies
• Coordinate Shop Drawing Reviews, Request for Information, Submittals and Change Orders with
County Designers and Contractors
• Coordinate and Review Storm Water Pollution Prevention Plan (SWPP)
Inspection
• Provide Inspection Services for Projects
Construction Management and Contract Administration
• Oversee Contractor Compliance to Contract Documents
• Maintain Construction Document Files
• Develop Photographic Documentation of Project Before, During &After Construction
Construction Engineering
• Review Contractor Request for Information, Shop Drawings, Samples, and other Submittals, as
needed
• Oversee Development of As-Builts, Coordinate with Designer and Review Final As-Builts
Public Information
• Assist County in Implementation of a Proactive Public Information Program
Close Out
• Collect and Furnish As-built Information to Designers for Preparation of Final.Drawings
• Perform Final Walk-Through of Project with County and Contractor(s)
• Prepare Final Punch List& ensure completion of punchlist items
• Assist with Final Construction Documentation and Reports for Project
APPENDIX B
BILLING RATES
for
Construction Management Services
Contra Costa County Public Works Department
Construction Inspection
March 28, 2007
Resident Engineer/Contract Manager; $135.00/hour
Construction Inspectors: $101.00/hour
Construction Inspectors (OT): $123.00/hour
Notes:
1. County will provide work space, telephone, copier and standard office supplies.
2. Hourly rates for personnel include inspection tools, personal safety gear, cellular
telephones, computers and vehicles.
3. All hours billed in conformance with California Labor Code.
Vali Cooper&Associates, Inc.
APPENDIX C
STAFF ROSTER
for
Construction Management Services
_Contra Costa County Public Works Department
2007 Construction Projects
March 28, 2007
Resident Engineer/Contract Manager: John Collins, P.E.
Resident Engineers: Rany Chek P.E.
Cal Zachman, P.E.
Shu-Jon Mao, P.E.
Construction Inspectors: Jim Harwood
David Seat
Dominic Galvin
Bill Garrison
Armour Edwards
Bob Klein
Gail Seat
Tom Silva
Bill Oliver
Angel Torres
Shawn Cunningham