HomeMy WebLinkAboutMINUTES - 06122007 - C.12 TO: BOARD OF SUPERVISORS �� -5 Contra
FROM: MAURICE M. SHIU PUBLIC WORKS DIRECTOR r6 ` Costa
DATE: June 12, 2007
rT`t COUN"fl County
SUBJECT: APPROVE and AUTHORIZE the Public Works Director, or designee to execute a contract with Harris
and Associates, Inc. in an amount not to exceed$175,000.00 to provide on call professional engineering
services to the Special Districts Section for the period March 1,2007 through March 1,2009,Countywide.
(Countywide Landscape Program LL-2 Funds) (All Districts) Project No. 4500-6X5244
SPECIFIC REQUEST(S)OR RL-COMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
.APPROVE and AUTHORIZE the Public Works Director, or designee to execute a'contract with Harris and
Associates,Inc. in an amount not to exceed$175,000.00 to provide on call professional engineering services to the
Special Districts Section for the period March 1, 2007 through March 1, 2009, Public Works. (Countywide
Landscape Program LL-2 Funds) (All Districts) Project No. 4500-6X5244
FINANCIAL IMPACT:
There is no impact to the County General Fund. This project is funded by the County Wide Landscape Program
(LL-2) and individual zones benefiting from the services provided.
CONTINUED ON ATTACHMENT: ❑x SIGNATURE:
_ RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
L� APPROVE OTHER
SIGNATURE(S):
ACTION OF BOAR O APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT
COPY OF AN ACTION TAKEN AND ENTERED ON
UNANIMOUS(ABSENT ) MINUTES OF TIME BOARD OF SUPERVISORS ON THE
AYES: NOES: DATE SHOWN.
ABSENT: ABSTAIN:
Contact:
WL:vr
G:\SpDist\Board Orders\2007\06-12-07 Board Order Harris&Associates.doe ATTESTED
JO CULLEN,CLERK OF THE BOARD OF
SUPERVISORS
cc:W.Lai,Special Districts
Administrator—Attn:E.Kuevor
Auditor-Controller
P.Denison,Accounting BY: DEPUTY
Harris and Associates,
SUBJECT: APPROVE and AUTHORIZE the Public Works Director, or designee to execute a contract with
Harris and Associates, Inc. in an amount not to exceed$175,000.00 to provide on call professional
engineering services to the Special Districts Section for the period March 1,2007 through March 1,
2009,Countywide. (Countywide Landscape Program LL-2 Funds)(All Districts)Project No.4500-
6X5244
DATE: June 12, 2007
PAGE: 2 of 2
REASONS FOR RECOMMENDATIONS AND BACKGROUND:
The Consulting Services Agreement is need to provide the Public Works Department Special District Section staff
with on call professional engineering services for the fiscal years 2007/2008 and 2008/2009. Harris and Associates,
Inc.,a Small Business Enterprise,was selected to provide these services after completing two County Outreach and
interview processes. They will assist staff by providing consulting services for the Countywide Landscaping
District,County Service Areas(CSAs),Countywide Streetlight Program,Sanitation and Water Districts,Recreation
and Park Districts, and Geologic Hazard and Abatement Districts (GHADs)
CONSEQUENCES OF NEGATIVE ACTION:
Without the Board of Supervisor's approval,this Consulting Services Agreement will not be established. A Delay
in financial analysis within Special District's zones would occur, ultimately delaying public services Countywide.
CONSULTING SERVICES AGREEMENT
1. Special Conditions, These Special Conditions are incorporated below by reference.
(a) Public Agency: Contra Costa County
(b) Consultant's Name &Address: Harris and Associates
120 Mason Circle
Concord, Ca 94520-1214
(c) Project Name, Number, & Location: On Call Professional Engineering Services, Special Districts, Contra
Costa County
(d) Effective Date: March 1, 2007
(e) Payment Limit(s): $ $175,000.00
(f) Completion Date(s): March 1, 2009
2. Signatures. These signatures attest the parties'agreement hereto:
PUBLIC AGENCY CONSULTANT r
By: Maurice M. Shiu
Public Works Director/ By:
Chief Engineer, or Designee (Designate officiaNapacity in the busine s T pe of Business:
(sole proprietorship,government agency, partnership, corporation, etc.)
If Corporation, States of Incorporation:
By: J aly� By: V t ce- l ce-5�4 e rpt
(Designate 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 )
��T) )
County of �`J�►��� ) 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: `-� 0-7
Notary Public
(Notary's Seal) i
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CONSULTING SERVICES AGREEMENT
1. Special Conditions. These Special Conditions are incorporated below by reference.
(a) Public Agency: Contra Costa County
(b) Consultant's Name &Address: Harris and Associates
120 Mason Circle
Concord, Ca 94520-1214
(c) Project Name, Number, & Location: On Call Professional Engineering Services, Special Districts, Contra
Costa County
(d) Effective Date: March 1, 2007
(e) Payment Limit(s): $ $175,000.00
(f) Completion Date(s): March 1, 2009
2. Signatures. These signatures attest the parties'agreement hereto:
PUBLIC AGENCY CONSULTANT
By: Maurice M. Shiu
Public Works Director/ By:
Chief Engineer, or Designee (Designate official capacity in the business Type of Business:
(sole proprietorship, government agency, partnership, corporation, etc.)
If Corporation, State of Incorporation:6 -
By.
(Designate official capacity in the business)
Note to Consultant: For corporations, the contract must be signed by two officers. The first signature must be that of the
chairman of the board, president, or vice-president; the second signature must be that of the secretary, assistant
secretary, chief financial officer, or assistant treasurer. (Civ. Code, Sec. 1190 and Corps. Code. Sec. 313.) The
acknowledgment below must be signed by a Notary Public.
CERTIFICATE OF ACKNOWLEDGMENT
State of California )
ss.
County of Ct)E..�
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: 1 1 131001 CSI
Notary Public
(Notary's Seal)
ClKIlS1WE E.FITZGERAL?
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3. Parties. Effective on the above date, the above-named Public Agency and Consultant mutually agree and promise
as follows:
4. Employment. Public Agency hereby employs Consultant, and Consultant accepts such employment, to perform
the professional services described herein, upon the terms and in consideration of the payments stated herein.
5. Scope of Service. Scope of service shall be as described in Appendix A, attached hereto and made a part hereof
by this reference.
6. Report Disclosure Section. Any document or written report prepared hereunder by Consultant, or a subcontractor,
for Public Agency shall contain, in a separate section, the numbers and dollar amounts of this contract and all sub-
contracts 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
$500,000.00 and a maximum deductible of$ 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, Contra Costa County, its
governing bodies, officers and employees as additional insureds. The Automobile Liability Policy may be separate
from the General Liability Policy, and may be on a "per occurrence" and a "per accident' basis, respectively.
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
(except 10 day notice for non-payment of premium).
8. Payment. Public Agency shall pay Consultant for professional services performed at the rates shown in Appendix
B attached hereto,which include all overhead and incidental expenses,for which no additional compensation shall
be allowed. Notwithstanding the foregoing, those incidental expenses specifically itemized in Appendix B shall be
reimbursable by Public Agency to Consultant, provided that Consultant submits copies of receipts and, if
applicable, a detailed mileage log to Public Agency. In no event shall the total amount paid to Consultant exceed
the payment limit(s) specified in Sec. 1(e) without prior written approval of the Public Agency. Consultant's billing
statements shall be submitted at convenient intervals approved by Public Agency and shall list, for each item of
services, the employee categories, hours and rates. Public Agency-will pay consultant in accordance with the
requirements of Civil Code Section 3320 as applicable.
9. Status. The Consultant is an independent contractor, and shall not be considered an employee of Public Agency.
10. Time for Completion. Unless the time is extended in writing by Public Agency, Consultant shall complete all
services covered by this Agreement no later than the Completion Date(s)listed above.
11. Record Retention and Auditing. Except for materials and records delivered to Public Agency, Consultant shall
retain all materials and records prepared or obtained in the performance of this Agreement, including financial
records, for a period of at least five years after Consultant's receipt of the final payment under this Agreement.
Upon request by Public Agency, at no additional charge, Consultant shall promptly make such records available to
Public Agency, or to authorized representatives of the state and federal governments, at a convenient location
within Contra Costa County designated by Public Agency, and without restriction or limitation on their use.
12. Documentation. Consultant shall prepare and deliver to Public Agency at no additional charge, the items described
in Appendix A to document the performance of this Agreement and shall furnish to Public Agency such information
as is necessary to enable Public Agency to monitor the performance of this Agreement.
13. Ownership of Documents. All materials and records of a finished nature, such as final plans, specifications,
reports, and maps, prepared or obtained in the performance of this Agreement, shall be delivered to and become
the property of Public Agency. All materials of a preliminary nature, such as survey notes, sketches, preliminary
plans, computations and other data, prepared or obtained in the performance of this Agreement, shall be made
available, upon request,to Public Agency at no additional charge and without restriction or limitation on their use.
14. Extra Work. Any work or services in addition to the work or services described in Appendix A shall be performed
by Consultant according to the rates or charges listed in Appendix B. In the event that no rate or charge is listed
for a particular type of extra work, Consultant shall be paid for the extra work at a rate to be mutually agreed on
prior to commencement of the extra work. In no event shall Consultant be entitled to compensation for extra work
unless a written authorization or change order describing the work and payment terms has been executed by
Public Agency prior to the commencement of the work.
15. Payment Retention. Public Agency shall retain ten percent (10%) of the monies due the Consultant as security for
the fulfillment of this Agreement. After the Consultant has completed all work under this Agreement, submitted final
billing, and the Public Agency has found the work to be accurate, the Public Agency will pay all withheld funds.
Public Agency will pay withheld funds in accordance with the requirements of Civil Code Section 3320 as
applicable. 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 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. 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.
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 allow ability 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:\SpDist\Outreach and SBE1Harris and Associates Outreach 2007\CONSULTING SERVICES AGREEMENT-HARRIS
'07.doc
Appendix A
Scone of Services:
Consultant will provide on-call professional engineering services including, but not
limited to, preparation and development of an Engineers Report for the Countywide
Landscaping District(LL-2), conduct feasibility and rate studies to determine the best
financing options, conduct nexus studies, study and calculate development impact fees,
conduct assessment district formation proceedings, prepare annexation information,
prepare materials for presentation to the Contra Costa County Board of Supervisors,
assessment district calculations and modifications, formulate and modify budgets for
certain special districts and county service areas, assist County staff with the support and
maintenance of the Countywide Streetlight Program, the Countywide Landscape
program, Sanitation and Water Districts,Recreation and Park Districts, and Geologic
Hazard and Abatement Districts. Upon Request from the County, Harris and Associates
will provide services at the agreed upon time and materials basis at the hourly rates
shown in Appendix B
Additional consulting services, generally as listed above, may be requested to assist the
Flood Control Division with the formation of financing districts to provide funding for
the County's monitoring, inspection, reporting, enforcement of private and possibly
public operation and maintenance of new private stormwater treatment facilities.
Upon request from the County, Harris and Associates will provide services on an agreed
upon time and materials basis at the hourly rates shown in Appendix B.
Appendix B
Hourly Labor Rates
Project Directors $190-270/hr
Project Managers $125-240/hr
Pro ect Engineers $100-230/hr
Technical Support $75-150/hr
Administration $65-130/hr
"Notes: Rates are subject to adjustment due to promotions during the effective period of this
schedule. A new rate schedule will become effective January 1, 2008. Unless otherwise indicated
in individual task order assignments, hourly rates include most direct costs such as vehicles,
mileage, equipment, computers, communications and reproduction (except large quantities such
as construction documents for bidding purposes
Appendix C
Bob Guletz, Project Director
Mike Rocco, Project Manager
Steve Roberts, Development Impact Fee Team Leader
Joan Cox, Assessment Engineer
Dennis A. Anderson, District Formation and Administration Team
Alison Bouley, Development Impact Fee Team
John Mercurio, Program Analyst
Bob Okamura, Special Projects Team