HomeMy WebLinkAboutMINUTES - 04012008 - C.53 Contra
TO: BOARD OF SUPERVISORS
_ ;
����_-= - --��'� Costa
FROM: . JULIA R. BUEREN, PUBLIC WORKS DIRECTOR V' _= .' a
DATE: April 1, 2008 e ,. �'���
�-- County
SUBJECT: Contract Amendment with Lawrence V. Gossdtt, Countywide. (Developer Fees) (All Districts)
Project No. Various
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract amendment with
Lawrence V. Gossett, effective March 31, 2008, to extend the term through March 31, 2010, for on-call plan
check, map check and application review services for various projects, Countywide. (Developer Fees) (All
Districts)
FISCAL IMPACT:
There is no impact to the County General Fund, and no increase in the payment amount of the contract due to
this amendment. The contract is for on-call review of various projects throughout unincorporated Contra Costa
County and is completely funded by developer fees.
CONTINUED ON ATTACHMENT: ❑x SIGNATURE: da4le/
RECOMMENDAT/ON OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD M0,HTTFF
APPROVE OTHER
SIGNATURE(S):
ACTION OF BO ON O APPROVED AS RECOMMENDED OTHER
1
VOTEOFSUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT COPY OF AN ACTION TAKEN AND ENTERED
�\
UNANIMOUS(ABSENT ) ON MINUTES OF THE BOARD OF SUPERVISORS ON
AYES: J NOES: THE DATE SHOWN.
ABSENT: ABSTAIN:
G:\EngSvc\BO\2008\04-01\Consultant Amend-Gossett.docx A"I'TIrSTE
Contact: D JOH CULLEN,CLERW OF THE BOARD OF
SUPERVISORS
cc: County Administrator
Accounting
Auditor-Controller
Consultant
BY:
DEPUTY
SUBJECT: Contract Amendment with Lawrence V. Gossett, Countywide. (Developer Fees) ( 11 Districts)
Project No. Various
DATE: April 1, 2008
PAGE: 2 of 2
BACKGROUND AND REASONS FOR RECOMMENDATIONS:
The original contract with Mr. Gossett will be amended to increase the time for the original and amended
contract by two years. This second amendment will increase the time to March 31, 2010. This extension is
necessary to allow Mr. Gossett to continue work on development applications, as well as improvement plan
reviews. Given the current status of Mr. Gossett's review of existing projects, it is prudent to extend the contract
to maintain efficient processing without loss of continuity. By extending this contract, the Public Works
Department can ensure that project reviews can be completed in a timely manner.
CONSEQUENCES OF NEGATIVE ACTION:
Review work already started will have to be reassigned and there will be a loss of efficiency and continuity on
the projects Mr. Gossett is working on.
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: Lawrence V. Gossett
P.O. Box 5101
Walnut Creek, CA 94596
(c) Project Name, Number, & Location:
(d) Effective Date: 3/31/08
(e) Payment Limit(s): $200,000.00
(f) Completion Date(s): 3/31/10
(g) Federal Taxpayer's I.D. or Social Security Number: 549-98-9710
2. Signatures. These signatures attest the parties'agreement hereto:
PUBLIC AGENCY CONS ANT
By:. Maurice M. Shiu
Public Works Director/ By
Chief Engineer, or.Designee (D a official capacity in the business Type of Business:
(sole proprietorship, government agency, partnership, corporation, etc.)
If Corporation, State of Incorporation:
By: By:
(Designate official capacity in the business)
FORMAPPROVED
SILVAI io B.MA. E unty
By Uepu 2
Note to Consultant: For corporations, the contra o offic rs. a first signature must be that of the
chairman of the board, president, or vice-presid second signature must be that of the secretary, assistant secretary,
chief financial officer, or assistant treasurer. (Civ.Co e,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 )
On before me, personally e who
proved to me on the basis of satisfactory evidenc be the p rson(s) o e (s) is/are subscribed to the within
instrument and acknowledged to me that he a/they exe t the sam i /her/their authorized capacity(ies), and that
by his/her/their signature(s)on the Inst ent the person(V, t entity on behalf of which the person(s)acted,
executed the instrument.
WITNESS my hand a fficia seal.
Dated:
Notary Public
(Notary's Seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF CONTRA COSTA
On f4Lr(4g 3 before me, 30ELLEN CHRISTINE WATERS, Notary
Public, personally appeared LWrmcL V. &Q ,bf ,
who proved to me on the basis of satisfactory evidence to be the persorome
whose
name�is/ar*subscribed to the within instrument and acknowledged that
he/ xecuted the same in his/her authorized capacitykies% and that by
his/ber�tFt�r~signature(*Kon the instrument the person(p Kor the entity upon behalf of
which the persoa(s)acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
forgoing paragraph is true and 'correct.
WITNESS my hand and official seal. .
.-
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i CoiemNalon• 170i1�� i
*iature of Notary Public fUOft.CaWprrdp ;
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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 subcontracts
relating to the preparation of such document or written report, provided that the payment limit specified in Sec. 1(e)
exceeds $5,000. When multiple documents or written reports are the subject or products of this agreement, the
disclosure section may also contain a statement indicating that the total contract amount represents compensation for
multiple documents or written reports.
7. Insurance. Consultant shall, at no cost to Public Agency, obtain and maintain during the term hereof: (a)Workers'
Compensation Insurance pursuant to state law; (b) Professional Liability Insurance with minimum coverage of
$1,000,00.0 and a maximum deductible of$50,000; and (c) Comprehensive General Liability Insurance, including
blanket contractual(or contractual liability)coverage,broad form property damage coverage,and coverage for owned
and non-owned vehicles, with a minimum combined single limit coverage of$500,000 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/their governing bodies,
officers and employees as additional insureds. Consultant shall promptly furnish to Public Agency certificates of
insurance evidencing such coverage and requiring 30 days'written notice to Public Agency of policy lapse,cancellation
or material change in coverage.
8. Payment. Public Agency shall pay Consultant for professional services performed at the rates shown in Appendix B
attached hereto, which include all overhead and incidental expenses, for which no additional compensation shall be
allowed. Notwithstanding the foregoing, those incidental expenses specifically itemized in Appendix,B shall be
reimbursable by Public Agency to Consultant, provided that Consultant submits copies of receipts and,if applicable,a
detailed mileage log to Public Agency. The Consultant shall be allowed to update Appendix B to rates not exceeding
15% of previous rates on an annual basis with no change to the contract payment limit. 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 rem oval.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("Indemnities")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 Indemnities for any expenditures,
including reasonable attorneys'fees and costs,the Indemnities may make by reason of such matters and,if requested
by any of the Indemnities, 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 Indemnities
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. 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.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),
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Appendix A
Scope of Services
I. Provide Plan Check Services
A. Review improvement plans for projects throughout the County for conformance to the following
standards:
1. Ordinance Code Provisions
2. Conditions of Approval
3. Caltrans Highway Design Manual
4. Accepted engineering practice
B. Review hydrology map/calculations, hydraulic calculations, structural calculations, traffic studies,
engineer's estimates, etc.
C. Review legal documents and dedications necessary for conformance to conditions of approval.
D. Coordinate with Public Works Department staff in responding to the developer, the developer's
engineer, and the public.
ll. Prepare Conditions of Approval
A. Review applications and prepare comments, which encompass road, drainage, landscaping,
undergrounding and pollution issues.
B. Prepare conditions of approval to address/mitigate the impacts of these issues using accepted
County conditions or some facsimile of same.
C. Review traffic studies, drainage calculation, noise studies, and other pertinent studies to help in
assessing issues and developing conditions of approval.
III. Review Parcel and Final Map, Records of Survey, Corner Records
A. Review parcel maps for: legal conformance to existing records, closure, conformance to the
conditions of approval, and consistency with the subdivision map act.
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GAEngSvc\Slava\2008\L Gossett 08-10.doc
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Appendix B
Lawrence V. Gossett $85.00/hour
Appendix C
Lawrence V. Gossett
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GAEngSvclSlava120081L Gossett 08-t0.doc