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HomeMy WebLinkAboutMINUTES - 03182008 - C.21 4:�7aq/ TO: BOARD OF SUPERVISORS 6E L`° Contra FROM: KEITH FREITAS, DIRECTOR OF AIRPORTS o ;aae s Costa °z P oa == . ti. DATE: March 18, 2008 -SrA�o�K County SUBJECT: Authorization to execute a two (2) year contract with Kimley-Horn and Associates, Inc., for Taxiway Echo Lighting Project; Buchanan Field, Pacheco Area(District IV). SPECIFIC REQUEST(s)OR RECOMMENDATION(S)&13ACKGROUND AND JUSTIFICATION I. Recommended Action: AUTHORIZE the Director of Airports,or designee,to execute a two(2)year contract with Kimley-Horn and Associates, Inc., for the Buchanan Field Taxiway Echo Lighting Project, Airport Improvement Program (AIP) project No. 3-06-0050-16. II. Fiscal Impact: There is no negative impact on the General Fund. The total contract cost for the Taxiway Echo Lighting Project is approximately$56,300 of which$53,485 (95%) is funded by a Federal Aviation Administration (FAA)grant,$1,334.31 (2.37%)is from CALTRANS,and$1,480.69(2.63%)is from the Airport Enterprise Fund Continued on Attachment: X SIGNATURE: c—IL,"o _RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ,-APPROVE OTHER SIGNATURE(S): ACTION OF BO17 ON ©3l g /� APPROVED AS RECOMMENDEDY, OTHER I hereby certify that this is a true and correct copy of an action VOTE OF SUPERVISORS taken and entered on the minutes of the Board of Supervisors on UNANIMOUS(ABSENT ) the date shown. AYES: NOES: ABSENT: ABSTAIN: ATTESTED: C)3 r L i?/'Z'$ JOHN CULLEN,Clerk of the Board of Supervisors and County Orig.Div: County Airports Administrator Contact: Natalie Olesen(925)646-5722 cc: County Administrator Auditor-Controller Public Works Director Federal Aviation Administration By , Deputy SUBJECT: Authorization to execute a two(2)year contract with Kimley-Horn and Associates,Inc.,for Taxiway Echo Lighting Project; Buchanan Field, Pacheco Area (District IV). DATE: Marchl8, 2008 PAGE 2 III. Reasons for Recommendations and Background: In 2002 a project involving the asphalt overlay of Taxiway Echo was completed. Due to fiscal constraints the airfield edge taxiway lighting was not completed. On June 13,2006,the Board accepted the FAA and CALTRANS grants for this Buchanan Field Airport Project. Contra Costa County Airports (Airport) issued a Request for Statements of Qualifications (SOQ) for a consultant to perform the Buchanan Field Airport Taxiway Echo Lighting Planning and Design. Additionally, this project will evaluate, and where appropriate, install new technologies to more efficiently manage the airfield lighting and thereby providing energy conservation and cost savings. These new lighting technologies also may provide opportunities to assist in the reduction of noise and over-flight annoyances to the surrounding communities. The SOQ required interested consultants to provide a response by July 11, 2007. The Airport received four submittals which were reviewed and ranked. The Airport is now requesting to execute a two (2) year contract (March 18, 2008 through March 18, 2010) with Kimley-Horn and Associates, Inc. The total project amount is approximately $56,300 inclusive of FAA and CALTRANS grants and local match funds. IV. Consequences of Negative Action: If the Airport is unable to execute a contract with Kimley-Horn and Associates,Inc.,there will continue to be a delay in completing the Taxiway Echo edge lighting originally planned. fr a Contra Costa County STANDARD CONTRACT Number: Standard Form L-1 (Purchase of Services—Long Form) Fund/Org#: 4855 Revised 2002 Account 4: 4690 Other#: SAS-6X5324 I. Contract Identification. Department: Public Works Department—Airports Division Subject: Buchanan Field Airport Taxiway Echo Lighting 2. Parties. The County of Contra Costa,California(County), for its Department named above,and the following named Contractor mutually agree and promise as follows: Contractor: Kimley-Horn and Associates, Inc. Capacity: Corporation Address: 601 Sierra Rose Drive, Ste.202,Reno,NV 89511-2060 3. Term: The effective date of this Contract is March 18,2008. It terminates on March 18, 2010 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Contractor under this Contract shall not exceed $56,300.00. Task 1 shall not exceed $6,308 without written authorization from Director of Airports or designee. Task 2 shall not exceed $31,708 without written authorization from Director of Airports or designee. Task 3 shall not exceed $3,040 without written authorization from Director of Airports or designee. Expenses including Surveying Sub-consultant shall not exceed $15,244. 5. Countv's Obligation. County shall make to the Contractor those payments described in the Payment Provisions attached hereto which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 6. Contractor's Obligation. Contractor shall provide those services and carry out that work described in the Service Plan 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. Proiect. This Contract implements in whole or in part the following described Project,the application and approval documents of which are incorporated herein by reference: Glover&Associates, Inc. will provide consulting and design related services for a federally funded security upgrade for Buchanan Field Airport, Pacheco Area(District IV). 9. Legal Authority. This Contract is entered into under and subject to the following legal authorities: CALIFORNIA GOVERNMENT CODE SECTION 31000. L- l Page I of 2 Contra Costa County STANDARD CONTRACT Number: Standard Form L-1 (Purchase of Services—Long Form) Fund/Org#: 4855 Revised 2002 Account#: 4690 Other#: SAS-6X5324 10. SiLynatures. 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 e uty CONTRACTOR Name of business entity Name of business entity BY BY (Signature of pre si or vice-president) (Signature of secretary or assistant secretary) 1VJ AL,'k0 1 C.(` �- L 1+kOL-- Vt c. nrt -C (Print name and title) (Print name and title) 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- I Page 2 of 2 Kimley-Horn and Associates. Inc. b: Certificate of Secretary P.O.Box 33068 Raleigh.North Carolina 27636.3068 To Whom It May Concern: I am the duly qualified and acting Secretary of Kimley-Horn and Associates, Inc., a North Carolina Corporation. The following is a true copy of a resolution duly adopted by the Board of Directors of the corporation at the annual meeting duly held on December 13, 2007 and entered in the minutes of such meeting in the minute book of the corporation. "Resolved that the individuals named on the attached lists are authorized contract signers for the corporation(see attachments)." The resolution is in conformity with the articles of incorporation and bylaws of the corporation, has never been modified or repealed, and is now in full force and effect. Dated: rC��� ��( 2008. Richard N. Cook, Secretary (corporate seal) URI TEL 919 677 2000 FAX 919 677 2050 Kimley-Horn and Associates,Inc. FULL CONTRACT SIGNING AUTHORITY December 2007 CALIFORNIA SARASO'T'A NORTITERN VIRGINIA ATLANTA—MIDTOWN LOS ANGELES Maio,Alan Burns,Gregory B. Montanye,Emmeline F. Dvorak,Jr.,William E. Mullis,Raiford M. Chavers,James T. Thompson,Richard L. Lefton,Steven E. CHARLOTTE, OAKLAND Mingonct,M. Scott Blakley,Jr.,Stephen W. Durrenberger,Randal R. ST.LUCM, Murphy,Terence'!'. I lackney,Louis A. Matson,Jason B. Pires,Alexander W. Moore,Richard I.I. OI:ANGE Wallace,Gary W. Ciandella,Serinc A. TALLAHASSEE, DURHAM Kent',Nicole M. Barr,Richard R. RICHMOND Nuckols,Charles A. Sewell,Jon S. Cooper,Kurt D. RANCHO CORDOVA v RALEIGH Christian,Brent L. TAMPA TWIN CITIFS Atkinson,Mark E. Clift,Dennis R. Campbell,David C. Bishop,Mark C. Barber,Barry L. Melvin,Enda Walthall,Sarah J. Ehret,Gary A. Burchett,Thomas F. Schmitt,Michael L. Hermann,Michael J. Byrd,Michael N. 'Truman,Stephen P. THE VILLAGES Cook,Richard N. Busche,Richard V. VIRGINIA BEACII Deans,Neil T. ROSEVILLE Nash,William A. Dunzo,Mark W. Spinks,Charles R. VERO BEACH Ellis,Nicholas L. Biby,Roscoe L. MOUNTAIN Olmsted,Varner T. SAN DIEGO Cave,Derrick B. DENVER Rohrbaugh,Richard R. Landaal,Dennis J. Mullis,Jeffery Banfield,Fred R. Squires,Christopher A. Roberts,James M. Peed,Brooks H. Roberson,Kevin M. Voisin,William J. Sorenson,David K. Stovall,Thomas M. Wilson,Jon E. Swanson,Joseph C. LAS VEGAS Wilson,Mark S. SAN RAMON Ackeret,Kenneth W. Wright,Robert G. West,James E. WEST PALM BEACH Colety,Michael D. Allen,David A. RAL.F,IGH-DOWNTOWN STOCK'I'ON Atz,John C. PHOENIX Adams,Richard C. Nejad,Anush A. . Bardt,David R. Conrad,John R. Penny,H.D. Barham,Barton J. Corey,Fred C. FLORIDA Cherry,Paul L. Cutri-lit,Travis L. TEXAS FORT LAUDERDALE Christie,Mona J. Delmarter,Michael L. AUSTIN Barnes,Roy R. Geer,Charles L. Eichinger,Robert A. Foster,Scott J. Ratay,Gary R. Ingram,Jerry VV. Fares,George B. Saxena,K.K. Mifflin,J.S. Kissinger,John C. DALLAS Oenbrink,Stephen J. Leistiko,David J. Bartlett,Donald L. JACKSONVILLE Rapp,Bryan T. Morris,David W. Frysinaer,Chris V. Mecca.Joseph P. Schwartz,Frederick W. Omais,Ahmad A. Hall,James R. Thornburg,Murray Pretorius,Petrus S. Henigsman,Dean A. LAKELAND Schiller,Michael G. Swindler,Roderick P. Wilson,Mark E. MID-AMERICA Willie,Norman D. Van Leeuwen,Andrew Wilson,Robert E. HAMPTON ROADS Wright,Charles R. Whalen,Thomas L. Bagby,III,Thomas J. Wilshire,Roy L. MIAMI BEACH Mackey, William F. RENO Buehler,Aaron E. Clark,Maurice J. FORT WORTH MEMPIUS Gary,Glenn A. OCALA Benditz,John F. 'TUCSON Tribble,Guy B. Stebbins,Sam S. Collins,James F. Perkins,David D. Webb,Floyd C. ORLANDO SOUTHEAST HOUSTON Jackson,Jay R. ATLANTA Guillory,Michael B. Mercer,Richard W. Fink,Kenneth L. Walker,John D. Wilson,Deborah L. Kimley-Horn and Associates,Inc. STANDARD CONTRACT SIGNING AUTHORITY December 2007 These persons have authority to sign contracts using unmodified Kimley-Morn forms(not client-drafted contracts). CALIFORNIA OCAL,A NASHVILLE ATI-ANTA—MIDTOWN LOS ANGELF,S Thibp en,Jonathan D. Rhodes,Christopher D. Dunn,Jason E. Fares,Jean B. Ellis.George E. Piszker,Michael J. ORLANDO NORTHERN VIRGINIA Homes,Julie W. Burkett,Leon F. Forrester,Clifton T. Hunter,Jennifer L. OAKLAND Martin,Jonathan A. Martin,Robert J. Strychalski,Raymond P.. Krupka,Paul J. Tate,Jr.,Sherwood C. Papazian,Edward Y. Marsden,Blair G. BEAUFORT PANAMA CITY RICHMOND Meisner,Laurence J. ORANGE Bottomy,Kimberly B. Riley,John D. Adrian,Darren J. CHARLOTTE Burton.Denise A. SARASOTA TWIN CITIES Fields,Walter G. DeMotte,Michael G. Danielson,Paul B. Hume,Robert M. RANCHO C:ORDOVA Waddill,William D. Horn,Jon B. White,William H. Coppin,Thomas G. West,Brian B. Kaltsas,Joseph D. Wilhelm,William R. Witzi;,Jeanne M. RWE.RSIDE ST.LUCIE RALEIGH 1'vrz,Michael F. Kiefer,Michael E. VIRGINIA BEACH Bishop,Peter A. Chambers,Jon S. Britt,Harlan K. ROSEVILLE TALLAIIASSEE McPherson,Karen C. Horn,Ross M. Fisher,Michael J. Bihl,Jennifer T. Tewksbury,Carl F. Lowe,Lester V. Muntean,Jr.David Meador,Emily 11. SAN DIEGO MOUNTAIN Musarra,Salvatore J. Barlow,Matthew T. TAMPA BOISE Reed,Elizabeth A. DeWitt,Timothy J. Gilner,Scott W. Thurgood,Glen J. Robinson,Larry D. Ross,Michael S. Hatton,Christopher C. Van Riper,Kent L. DENVER SAN RAMON VERO BEACH Rowe,Curtis D. RALEIGH-DOWNTOWN Daisa,James M. Good,Brian A. Hachem,Stephanie L. Hedayat,Leyla Pelan,Keith A. EAST VALLEY Sutter,Karl V. Sowers,Brian E. Haney,Stephen E. WESTPALM BEACH TEXAS FLORIDA IJeggen,Christopher W. LAS VEGAS AUSTIN BOCA/DELRAY Morrison,Russell C. Carroll,Randy W. Fowler,Thomas M. Spruce,Michael D. Potts,John E. Wilson,David Lewis,Amy E. Schanen,Kevin M. DADELAND PHOENIX COLLIN COUNTY Baldo,Burt L. MID-AMERICA Grandy,Michael L. Brignon,Brit A. BOSTON Mutti,Brent H. Millner,Daniel C. FORT LAUDERDALE Brewer,Brian J. Norby,Michael A. Kyle,Gregory S. White,Tove C. DALLAS Wilezek.Erik J. CHICAGO Gaskey,Kevin S. Pudenz,Jay A. TUCSON Kurfees,Wayne JACKSONVILLE Vicars,C.Leon Roland,George E. HAMPTON ROADS FORT WORTH Schilling,William J. Dierks,Kenneth A. WEST VALLEY James,Jeffery France,William D. Meyer,Michelle L. LAKELAND Marscheider,Edward A. HOUSTON Lewis,Jason A. Miller,Edward W. SOUTHEAST Dixon,Lee Anne Royal,Jack R. ATLANTA Lott,James S. MIAMI BEACH Sauro,Thomas J. Fanney,Lawson H. Perry,Jack M. Newton,Gary T. SAN ANTONIO Saba,Seraj A. MEMPHIS Stricklin,David L. Gose,Stephen C. Viers,Anthony J. Monroe,Kenneth W. Tarbutton,Jeffrey A. Parker,Brian J. Taylor,Allen A. Contra Costa County APPROVALS/ACKNOWLEDGMENT Number Standard Form L-2 (Purchase of Services-Long Form) Revised 2002 APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED COUNTY COUNSEL By: 6/ —p By: e ���– 6 1<�e Z/ � Designee Deputy APPROVED: COUNTY ADMINISTRATOR By: )'kj •'1, Designee ACKNOWLEDGMENT �lev�J,a STATE OF nA+iF-9P47TA_ ) ) ss. COUNTY OF ) On a aV00, abeforeme, insert name and title of the officer), personally appeared kNNe- . Cab 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. HEATHER DUMA; WITNESS MY HAND AND OFFICIAL SEAL. _ �' Notary Public-State of Ni Appointment Recorded in Washoe No:(X49023-2-"Gres April 9,Y1d18 ................................................................. (Seal) Signature ACKNOWLEDGMENT(by Corporation,Partnership,or Individual) (Civil Code§1189) L-2 (Pa-,e 1 of 1) Contra Costa County PAYMENT PROVISIONS Number: Standard Form P-1 (Fee Basis Contracts—Long and Short Form) Revised 2002 1. 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. $ per unit, as defined in the Service Plan, or ❑ c. $ after completion of all obligations and conditions herein. ❑x d. Fees invoiced monthly based upon percentage of services of Task performed. Payments are due within 25 days of receipt of invoice. 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 property any of its obligations under this Contract. Initials: n C ractor County Dept. Foran P-1 (Page 1 of 1) Contra Costa County SERVICE PLAN Number: Form L-3 PROPOSED SERVICES Contractor (KHA) proposes to provide Electrical Engineering Design Services for the Buchanan Field Taxiway Echo Lighting Project. Contra Costa County Airports desires to install Medium Intensity Taxiway edge Lighting (MITL) for Taxiway Echo. The Purpose of these improvements is to install MITL on Taxiway Echo in compliance with Federal Aviation Administration (FAA) regulations; improve the lighting conditions of the existing Airfield, and to allow for expansion of the lighting system for future improvements of the Taxiway (including Pilot Controlled Lighting). The design of the above items will be accomplished by the completion of the following tasks: Task l —Project Review and Coordination Task 2—Design and Construction Documents Task 3—Bid Award Phase Task 4—Construction Phase Services (Extra Services) Task 1 Project Review and Coordination 1.1 Define Project KHA will meet with the Contra Costa County Staff to discuss the Project to determine the proposed electrical design for the Taxiway. The goals identified during this meeting will serve as the guide for the design. This task includes one meeting with Contra Costa County at Buchanan Field Airport. 1.2 Project Work Plan KHA will develop a detailed Project Work Plan that will provide a direction for the successful completion of the Project. The projected work plan will include a listing of the design tasks to be completed; a design schedule that lists project milestones, deadlines, task assignments, and manpower needs; identification of team members and their responsibilities for the project; and a detailed, project-specific quality control plan. The Project Work Plan is a tool that will guide the team in completion of the work required so that is will be on schedule and within the project design budget. Deliverables: KHA will provide two copies of the completed Project Work Plan to Contra Costa County. 1.3 Record Drawing Review and Field Survey KHA will review existing airport surveys and other survey information provided by the Contra Costa County Staff. The surveys and information gathered will be used as a basis for the Taxiway Lighting design. Information to be provided by the Staff may include both aerial and ground surveys and record drawings of previous related projects. Task 2: Design and Construction Documents 2.1 Electrical Layout Plans and Details KHA will produce layout plans showing the location of the proposed electrical items, including Taxiway edge lights, Signage and ductbank infrastructure. To the best of our knowledge of the future plans for Airport development, electrical infrastructure requirements for future system elements will be included. Layout plans show the proposed work for the ground elevation and above, such as the different type of lights fixtures and coordinate locations for the electrical elements (fixtures, signs, hand holes, etc.)Details for the construction of the electrical items will also be provided in this Task. L-3 Page 1 of 3 Contra Costa County SERVICE PLAN Number: Form L-3 Deliverables: KHA will submit electrical layout plans and details at the 60% (Concept Phase), 95% (Pre-Final Phase) and Bid Set(For Bid Phase). 2.2 Electrical Circuiting Plans and Details KHA will produce circuiting plans showing the location and types of circuits proposed. Circuiting plans show the proposed work beneath the ground surface, such as circuiting, conduits, and ductbanks. Deliverables: KHA will submit electrical circuiting plans at the 60% (Concept Phase, 95% (Pre-Final Phase) and Bid Set (For Bid Phase). 2.3 Airport Lighting Vault Plans and Details KHA will produce plans and details for the installation of a new Constant Current Regulator(CCR) in the existing Airfield Lighting Vault (ALV). ALV plans and details will show the new CCR, connection to the existing electrical service, and controls systems. Deliverables: KHA will submit ALV layout plans and details at the 60% (Concept Phase), 95% (Pre-Final Phase) and Bid Set (For Bid Phase). 2.4 Specifications KHA will prepare general and special provisions and technical construction specifications incorporating any Contra Costa County staff comments, and technical specifications according to FAA Advisory Circulars. Contra Costa County will prepare front-end contract documents. Deliverables: KHA will submit a set of technical specifications at the 60% (Concept Phase), 95% (Pre-Final Phase) and Bid Set (For Bid Phase). 2.5 Design Coordination Meetings KHA will include three design coordination meetings during the design phase. The design coordination meetings will be scheduled at the three submittal levels and will take place at Buchanan Field Airport. Dates to be agreed to by Contra Costa County. 2.6 Engineers' Opinions of Probable Cost KHA will prepare an engineers' opinion of probable costs for each submittal level. The Engineer has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over competitive bidding or market conditions. Opinions of probable costs provided herein are based on the information known to Engineer at this time and represent only the Engineer's judgment as a design professional familiar with the construction industry. The Engineer cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from its opinions of probable costs. Deliverables: KHA will submit an opinion of probable costs at the 60% (Concept Phase), 95% (Pre-Final Phase) and Bid Set (For Bid Phase). L-3 Page 2 of 3 Contra Costa County SERVICE PLAN Number: Form L-3 2.7 Engineers' Design Report KHA will prepare an engineers' design report that will identify the design processes for major project items from preliminary investigations, construction materials, and electrical modifications. The report will reference FAA standards. Calculations for the design of the electrical items will be included in this report. Deliverables: KRA will submit the engineers' design report at the 60% (Concept Phase), 95% (Pre-Final Phase) and Bid Set (For Bid Phase). 2.8 Quality Assurance/Quality Control (QA/QC) Review During the design phase KHA will provide a QA/AC review of the design. This review will look at factors such as the overall design and constructability. Task 3: Bid-Award Phase 3.1 Pre-Bid Meeting KHA will attend the pre-bid meeting to support Contra Costa County staff. 3.2 Bidding Questions and Clarifications KHA will provide written responses to the Contra Costa County staff to clarify questions from the Contractor's during the bidding process. Preparation of Addendum items will be included as required. 3.3 7460 Form KHA will prepare FAA Form 7460 and assist the owner in the submission to the FAA. The FAA Form 7460 is a FAA required form that must be submitted before construction on the airfield can commence. Task 4: Construction Phase Services Task 4 is the Construction Phase Services of the Taxiway Echo Lighting Project. The construction phase services will be provided for under a separate contract using the materials generated under this contract. Project Assumptions The following assumptions are made related to this Project: • Survey information will be taken from previous Taxiway E reconstruction project. • This scope of services includes eleven onsite meetings: o One meeting to define the project goals and review the existing airfield electrical components. o Three meetings during the design phase. o The pre-Bid meeting. Additional Services Any services not specifically provided for in the above scope will be considered additional services and can be performed at the then current hourly rates. Additional services can be provided,but are not limited to,the following: • Additional meetings with the owner • Electrical Design of any proposed improvements, facilities,runways,taxiways, aprons or access roads • Construction Phase Services �+ Initials: � Co ractor County Dept. L-3 Page ') of 3 Contra Costa County Number Standard Form L-4 Revised 2002 SPECIAL CONDITIONS (Purchase of Services - Long Form) 1. Paragraph 2 (Inspection) of the General Conditions is hereby deleted in its entirety and replaced with the following: 442. Inspection. Contractor's performance, place of business and records pertaining to this contract are subject to reasonable monitoring, inspection, review and audit by authorized representatives of County, the State of California and the United States Government." 2. Paragraph 3(a) (Retention of Records) is hereby deleted in its entirety and replaced with the following: "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 exceptions resolved for this contract's funding period. Upon reasonable request, Contractor will make these records available to authorized representatives of County, the State of California and the United States Government." 3. Paragraph 18 (Indemnity) of the General Conditions is hereby deleted in its entirety and replaced with the following: "18. Indemnity. To the fullest extent allowed by law, Contractor shall defend, indemnify, and hold harmless County and its officers, agents, employees and representatives from and against any and all claims, costs, liability, actions, losses, injuries, damages or expenses of every name, kind, and description, including litigation costs and reasonable attorney's fees incurred, brought for or on account of, injury to or death of any person, including but not limited to workers, County employees, and the public, or damage to property, which arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Contractor, its officers, agents, employees, volunteers, representatives, contractors and subcontractors. The foregoing indemnity obligation of Contractor includes the duty of defense, inclusive of that set forth in California Civil Code Section 2778. Each party shall notify the other party immediately in writing of any claim or damage related to activities performed under this contract. The parties shall cooperate with each other in the investigation and disposition of any claim arising out of the activities under this contract." 4. Paragraph 19(a) (Liability Insurance) of the General Conditions is hereby deleted in its entirety and replaced with the following: L-4 Page 1 of 2 "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 general and auto liability only as required herein no later than the effective date of this Contract. Initials: Vractor ounty Dept. L-4 Page 2 of 2 Contra Costa County GENERAL CONDITIONS Standard Fonrn L-5 (Purchase of Services-Long Form) Revised 2003 1. 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, employment and 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 representatives of 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 exceptions resolved for this contract's funding period. 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 this Contract, make available to the County, the Secretary of Health and Hutnan 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 to such subcontract, 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 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. Reyortiniz 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 Funding. 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 tenns 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 Infonnal Agreement between Contractor and County. Infonnal 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 perfonnance 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 perfonnance 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 harinless County and its of 'ce s and employees L-5 (Page 3 of 6) C Initials: Co actor County Dept. Centra 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 attorneys'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. During the 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. Liabilitv 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 thein 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 Counrywith a copy of the endorsement snaking 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 tern 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 L-5 (Page 4 of 6) Initials: Cont ctor County Dept. 4 Centra Costa County GENERAL CONDITIONS Standard Form L-5 (Purchase of Services-Long Form) Revised 2003 date of notice shall be the date of deposit in the snails 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 tern 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 107), 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 indi,*, duals.occupy the position of intended third-party beneficiaries of the obligations assumed by either party to 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. L-5 (Page 5 of 6) Initials: Co actor County Dept. y Contra Costa County GENERAL CONDITIONS Standard Form L-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. 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 cost. 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: iunty DepCoactor t.