HomeMy WebLinkAboutMINUTES - 08081995 - C87 File: PD135-941�-7/A. 1 . 1
TO:- BOARD OF SliPERVISORS E..�
°A Contra
FROM: BARTON J. GILBERT, DIRECTOR OFGENERAL SERVICES i�
��� Costa
DATE: August 8. 1995 ��*'a County
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SUBJECT:APPROVING THE SECOND AMENDMENT TO THE CONSULTING SERVICES AGREEMENT FOR
ARCHITECTURAL SERVICES FOR CENTER FOR HEALTH, NORTH RICHMOND, FOR HEALTH
SERVICES DEPARTMENT (WPE361)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I . RECOMMENDATION
A. APPROVE Second Amendment authorizing extra work under the
Consulting Services Agreement dated September 1, 1994, with The
Ratcliff Architects, for architectural services for Center for
Health, North Richmond for Health Services Department. The Second
Amendment increases the scope of services and increases the Payment
Limit, as modified by the First Amendment, from $15,414 . 00 to
$112, 349 . 00 .
B. AUTHORIZE the Director of General Services to execute the Second
Amendment to the consulting services agreement, and to issue
written authorizations for extra work, in addition to the
authorizations for Amendments 1 and 2, provided that the cumulative
total extra cost for such additional authorizations shall not
exceed $25, 000 . 00 .
II . FINANCIAL IMPACT
Sufficient funds are available in the Plant Acquisition Account' for this
project to cover this increase in the Consultant ' s payment limit.
General Chemical settlement funds have been designated for this project.
CONTINUED ON ATTACHMENT: X YES SIGNATURE: &&ubA&
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
Contact: Barton Gilbert (313-7100)
cry (See Page 2) ATTESTED AAa J
PHIL BATCHE R.CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
13 517 B0 7 .2 6 A �� t��-bQ�
RH:GB: 1 S BY ,DEPUTY
M382 (10188) Page 1 of 2
APPROVING THE SECOND AMENDMENT PD135-9417/A. 1 . 1
TO THE CONSULTING SERVICES AGREEMENT August 8, 1995
FOR ARCHITECTURAL SERVICES FOR
CENTER FOR HEALTH, NORTH RICHMOND,
FOR HEALTH SERVICES DEPARTMENT
III . REASONS FOR RECOMMENDATIONS/BACKGROUND
A. The North Richmond Community Advisory Board and the Health Services
Department conducted an architect search and selection process and
approved The Ratcliff Architects as project architects in August
1994 .
B. On September 1, 1994, the Director of General Services executed an
agreement with The Ratcliff Architects for architectural services
to provide site selection, building program and schematic building
design services for the Center for Health in North Richmond.
C. The Community Advisory Board and the Health Services Department
approved a site in the Redevelopment Area in North Richmond, at the
corner of Chesley Avenue and Third Street. In June 1995, they
approved Ratcliff Architects ' schematic design documents for the
Center for Health. Now, it is necessary to expand the consulting
services agreement scope of services so that the project can
proceed.
D. The First Amendment, issued by the Director of General Services,
increased the scope of services to include attendance at four
meetings in addition to those set forth in the original scope of
services . This Second Amendment increases the scope of services to
include design development, construction documents, bidding and
construction phases of architectural services and changes the
Agreement completion date from July 31, 1995 to completion of
construction.
E. The Ratcliff Architects is a certified minority-owned business and
meets the requirements of the County' s Minority and Woman Owned
Business Enterprise Contract Compliance Program.
13517B07 . 26A
RH:GB: ls
cc: General Services Department- Arch. Div.
Accounting (Via A.D. )
File: PD135-9417/A. 5
County Administrator' s Office
County Counsel
Consultant (Via A.D. )
Health Services Department (Via A.D. )
Redevelopment Agency (Via A.D. )
Page 2 of 2
" File: PD135-9417/A.1.1
,r. ,
SECOND AMENDMENT TO'CONSULTING SERVICES AGREEMENT
FOR ARCHITECTURAL SERVICES
CENTER FOR HEALTH, THIRD ST. 6 CHESLEY AVE., RICHMOND
(WPE361)
1. Effective Date and Parties: Effective June 15, 1995, The Ratcliff Architects (herein called "Consultant"), a
California Corporation, and the County of Contra Costa (herein called "County"), a political subdivision of the State
of California, mutually agree as follows:
2. Purpose: On September 1, 1994, the parties entered into a contract entitled "Consulting Services Agreement," referred
to as the "Agreement," which covers site selection, architectural programming and schematic design services for a new
Center for Health in North Richmond. The Agreement has previously been amended as follows to modify the scope of
services and to increase the payment limit: Amendment No. 1 dated February 17, 1995. The parties desire to further
amend the Agreement to add design development, construction documents, bidding and construction phases of service to
the scope of service and to increase the payment limit accordingly.
3. Amendments to Agreement:
A. In the Agreement, Paragraph 1(e), change the Payment Limit, as modified by Amendment No. 1, from $15,414.00 to
$112,349.00, an increase of $96,935.00.
B. In the Agreement, Paragraph 1(f), change the Completion Date from July 31, 1995 to "Completion of Construction."
C. In Appendix A, Paragraph B "Scope", add the following:
"Also, the Consultant shall provide the services described in Attachment A hereto, labeled "Scope of Services,
Design Development through Construction Phases."
4. Effect:
Subject to the revisions made by this and any prior amendments, the Agreement shall remain in full force and effect.
5. Signature:
These signatures attest the parties' agreement hereto:
PUBLIC AGENCY CONSULTANT
By: Date: By:
Barton J. Gilbert ( esignate of cial capaci y in the inesa)
Director of General Services Type of business (sole proprietorship, government
agency, partnership, corporation, etc.)
If corporation, s ate of /
incorporation: #
. By.
(D ate of is apacity n 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 )
as.
County of -Q-kLti )
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(e) 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 hie/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: ~�
Not P blic
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By APPROVED AS TO FORM:
Deputy County Administrator VICTOR J. WESTMAN
County Counsel
By
Deputy
13517007.05A
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Attachment: Attachment A, "Scope of Services, Design Development through Construction Phases," 13 pages dated June 15,
1995
Page 1 of 1
ATTACHMENT A to Appendix A to Consulting Services Agreement dated September 1, 1994
between Contra Costa Countv and The Ratcliff Architects for Architectural Services
SCOPE OF SERVICES, DESIGN DEVELOPMENT THROUGH
CONSTRUCTION PHASES
ARTICLE I. General Intent of Agreement
The Public Agency intends to erect a building, or to perform other related work as
hereinafter more fully described. Professional architectural and/or engineering
skills and services not available within the organization of the Public Agency are
essential for the proper and satisfactory execution of this project. For that
reason the professional Consultant is hereby retained by the Public Agency. This
Agreement forms the basis of the relationship between the Public Agency and the
Consultant.
ARTICLE II. Description of the Project
t
A. The Project contemplated under this Agreement is Center for Health, Third St. &
Chesley Ave., North Richmond, Authorization No. WPE361.
B. In general the project comprises construction of a new, one story building with
site improvements, as described in a Schematic Design Submittal dated April 26,
1995, supplemented by a letter dated June 23, 1995, by the Consultant.
C. The Project will be further defined as the Consultant proceeds with services, in
written communications from the Public Agency to the Consultant and in the
Consultant's design and construction documents approved by the Public Agency.
D. The Fixed Limit of Initial Construction Contract Cost is hereby declared to be
$955,000.00.
1. The Initial Construction Contract Cost shall be the total cost or estimated
cost to the Public Agency of elements of the Project, including the
building, alarm systems, wiring for telephone systems, conduit for
information and data systems, fixed furnishings and equipment, exterior
identification and directional signs, if any, code required interior signs
(such as exit, handicapped and occupant load signs) , utility extensions,
adjacent street improvements and all other on and off site improvements,
designed or specified by the Consultant.
2. Initial Construction Contract Cost does not include the compensation of the
Consultant and the Consultant's consultants, the cost of the land, rights-
of-way, loose or unattached furniture and equipment, telephone instruments,
wiring for information and data systems, computers, interior signs (except
those required for code compliance) utility connection fees paid by the
Public Agency or other costs which are the responsibility of the Public
Agency as provided in Article VIII, nor does it include the cost of change
orders.
E. Documentation required by the California Environmental Quality Act is being
prepared by the Public Agency. If compliance with the Act imposes mitigation
measures which increase the scope of work and construction cost, the Public
Agency will adjust the project scope of work to accommodate the mitigation
measures within the Fixed Limit, or will increase the Fixed Limit.
ATTACHMENT A to Appendix A
June 15, 1995 Page 1 of 13
ATTACHMENT A to Appendix A to Consulting„ services Agreement dated September 1, 1994
between Contra Costa County and The Ratcliff Architects for Architectural Services
ARTICLE III. Basic Services of Consultant
The Consultant shall render the services and furnish the items described as follows:
A. GENERAL
1. (This Subparagraph adds to Section 19 in the Agreement) .
The Consultant and its subconsultants shall be fully knowledgeable of and
shall perform services in compliance with laws and regulations which are
published or available in written form and which are applicable when this
Agreement is executed. Work shown in reports, drawings and specifications
shall meet requirements of the California Building Standards Code, Title 24,
California Code of Regulations; the Americans With Disabilities Act; other
applicable State and Federal Codes and Regulations; the State Fire Marshal,
the local fire district and utility companies or districts having
jurisdiction.
2. At all reasonable times throughout the various stages of the project the
Consultant agrees to attend meetings and conferences as the Public Agency
deems necessary for the performance of Consultant's services under this
Agreement.
3. Consultant shall perform such duties as may 'be necessary and which are
usually performed as basic services by an Architect or Engineer and which
are necessary for the successful completion of the project, even though not
specifically called for herein.
4. The Project shall be designed to (1) provide a facility with the lowest
reasonable construction costs and (2) minimize the maintenance and
operational costs of the facility , each consistent with the Public Agency
requirements set forth in the documents given in Article II B above, and in
written communications from the Public Agency.
B. PREDESIGN PHASE (This Paragraph Not Used)
C. SCHEMATIC DESIGN PHASE (This Paragraph Not Used)
D. DESIGN DEVELOPMENT PHASE
Design Development Phase Documents shall be prepared by the Consultant and shall
be based on the approved Schematic Design Documents and Project Description set
forth above, and any adjustments or changes authorized by the Public Agency.
The Design Development Documents shall be submitted to the Public Agency for
approval and shall include the following:
1. A summary of the Public Agency's basic requirements, including maintenance,
staffing and other operational cost factors, which are different from or in
addition to those set forth in the Documents approved on conclusion of prior
phases of service or in the documents given in Article II.B. above.
2. Floor plans, with room sizes dimensioned or noted. The floor plans shall
show furniture and equipment in each room, based on inventory lists provided
by the Public Agency. The purpose of the room layouts is to show that the
room sizes and configurations are appropriate for their intended uses.
Also, the plans shall show power and telephone/data outlet locations. The
purpose of showing outlet locations is to demonstrate that initial and
future room layouts will have adequate outlets and to provide a basis for
estimating costs for the electrical and telephone/data systems.
ATTACHMENT A to Appendix A
June 15, 1995 Page 2 of 13
ATTACHMENT A to Appendix A to Consulting Services Agreement dated September 1, 1994
between Contra Costa County and The Ratcliff Architects for Architectural Services
3. Calculations and outline specifications which clearly describe engineering
and architectural character and materials.
4. Presentation of the structural system and its essential features.
5. Presentation of the electrical and mechanical systems, refined to fix and
describe their characteristics and the quality and control of environment
they will provide.
6. Landscaping and site work, showing general plant types and paving materials.
7. Exterior building elevations and building sections, including material
designations.
8. Room finish schedules.
9. A detailed statement of probable construction cost, including an estimate
for interior design elements noted in Sub-Paragraph 11 below. The estimate
organization shall facilitate the determination of base bid and additive
alternates to be shown and specified in the Construction Documents.
10. A description of the energy conservation systems and strategies recommended
and incorporated in the Design Development Documents. If the systems differ
from those described in the Schematic Design Documents, explain why.
11. Interior design elements including selection of room finishes and colors;
finishes and colors for casework and/or millwork; and specific items of
equipment and furnishings limited to cubicle curtains if any, window
treatments, and basic directional and code-required signage. Interior
design services will not include selection of moveable medical equipment,
moveable desks and tables, bedding, accessories, service carts, computers,
terminals, TV's, plants, art work, or graphics.
12. Recommended construction staging areas and phasing, if any.
E. CONSTRUCTION DOCUMENTS PHASE
The Construction Documents Phase Documents shall be prepared by the Consultant
and shall be based on approved Design Development Documents described above, and
adjustments or changes authorized by the Public Agency. The Construction
Documents shall include working drawings and specifications suitable for open,
competitive bidding and for construction, with scope and details of the
architectural, mechanical, electrical, structural, and general engineering work
to be performed by the Construction Contractor.
1. All construction contract documents shall be prepared by the Consultant
except General Conditions, Bid Forms, Instructions to Bidders and other
standard County items which will be provided by the Public Agency to the
Consultant for approval and modification as necessary for consistency with
the terms of this Agreement and for inclusion with the Project Manual.
2. The Consultant may include provisions to receive alternate bids in the bid
documents. The alternates shall be additive to the base bid and shall be
approved by the Public Agency.
3. The Consultant shall, as necessary, furnish or cause to be furnished to the
Public Agency, adequate description of heating, ventilating, or other
machinery or motors, etc. to be installed denoting among other things the
configuration, location of fastenings, as well as access and requirements
for inspecting and servicing.
ATTACHMENT A to Appendix A
June 15, 1995 Page 3 of 13
ATTACHMENT A to Appendix A to Consulting Services Agreement dated September 1, 1994
between Contra Costa County and The Ratcliff Architects for Architectural Services
4. Consultant shall prepare a new detailed statement of Probable Initial
Construction Contract Cost and advise the Public Agency of any adjustments
indicated by changes in requirements or general market conditions.
5. Consultant shall attend meetings with the County Building Inspection
Department in Martinez and shall revise documents as required to obtain
approval of the Construction Documents from that Department and the Fire
Protection District having jurisdiction before the bidding process begins.
Such revisions shall be those which could have been anticipated through
knowledge of applicable codes and regulations, and those which are not
contrary to earlier review comments or directions by the Building Inspection
Department or fire district.
6. The Bidding process shall not begin until after the Governing Board of the
Public Agency has approved the Construction Documents and has authorized
solicitation of bids.
7. Working drawings shall be prepared on 3 mil polyester drafting film with ink
or lead formulated for smudge free drawing and long wear on polyester
drafting film. If reprographics are used, techniques shall be photographic,
not diazo. Each door shown shall have a separate, unique number; each room
shall have a name and a separate, unique number, and shall be listed
separately on the room finish schedule. Door hardware functions and keying
shall be scheduled or specified. Drawing size shall not exceed 24 x 36 in.
unless otherwise approved by the County. Details shall be shown on the
working drawings and shall not be on 81 x 11 in. drawings bound separate
from the working drawings. Architectural floor plans shall be prepared with
AutoCAD Computer Aided Drafting (CAD) . Architect shall submit diskettes to
Public Agency on completion of Project.
8. Consultant shall submit structural, mechanical and electrical engineering
calculations to the Public Agency, which will retain such calculations for
record purposes, but shall not be responsible for checking or for adequacy,
fitness or correctness of calculations.
9. The Consultant shall include in the specifications a requirement for
construction Contractor to maintain a set of current detailed field record
drawings and other documents, in form satisfactory to the Public Agency
indicating significant deviations from the construction contract documents,
shop drawings or installation drawings, and exact locations of work,
including underground utilities. Where deviations are accomplished by
change order or field order, the field record drawings shall be annotated
to indicate the change orders or field orders by date and number.
10. Consultant shall provide room finish and color schedules, and specifications
for items listed under Article III, Paragraph D, Sub-Paragraph 11 above.
F. BIDDING AND CONSTRUCTION PHASE
1. Bidding Procedure shall be administered by the Public Agency with assistance
from the Consultant. Public Agency will handle printing and distribution of
the bid and construction documents to prospective bidders, building
exchanges and Contractor associations. The Consultant shall do the
following:
a. Prepare and furnish draft addenda to the contract documents, for typing
and distribution by Public Agency.
ATTACHMENT A to Appendix A
June 15, 1995 Page 4 of 13
ATTACHMENT A to Appendix A to Consulting Services Agreement dated September 1, 1994
between Contra Costa County and The Rat6liff Architects for Architectural Services
b. Answer questions and provide clarification concerning the contract
documents:
c. If requested, assist the Public Agency in reviewing the submitted bids
and advise the Public Agency concerning acceptance or rejection of bids.
2. During the construction phase, after the Public Agency executes a
construction contract for the project, the Consultant's duties shall
include, but not be limited to, the following:
a. Prepare drawings and provide technical direction as needed to clarify
intent of construction documents prepared by Consultant.
b. The Consultant shall render written or graphic interpretations as
necessary for the proper execution or progress of the work with
reasonable promptness so as not to delay progress of the Work on written
request of either the Public Agency or the Contractor, and shall render
written decisions, to the extent required by the Contract Documents,
within a reasonable time, on all claims, disputes and other matters in
question between the Public Agency and the Contractor relating to the
execution or progress of the Work shown or specified by the Consultant.
However, the Consultant shall not commit the Public Agency to extra
expense or otherwise modify the construction contract without first
obtaining written approval from the Public Agency.
1) The Consultant shall respond to Contractor Requests for
Information ("RFI") within seven working days if a subconsultant
is involved and within five working days if a subconsultant is
not involved, not including mailing time, from receipt of the
written requests. The Consultant shall use FAX or overnight
delivery service (such as Federal Express) to transmit RFI
responses to the Contractor and the Public Agency.
2) If the Contractor requests a change or claim, the Consultant
shall review and recommend appropriate action on such requests
and the time or price requested. If the Consultant does not
agree with the request for a claim or change, the Consultant
will immediately prepare a findings, determination, and
recommendation setting forth the facts, and provide an. analysis
upon which the recommendation is made.
C. Approve Contractor's payment requests. Before issuance of the initial
Certificate of Payment the Consultant shall have reviewed and approved
for reasonableness the Contractor's Schedule of Values. Such approval
shall constitute a certification by the Consultant that he has reviewed
and considered the Schedule of Values, has found the Schedule of Values
to be in adequate detail to give this certification, and that to the
best of his knowledge, information, and belief, the values allocated by
the Contractor to the various portions of the Work are, or reasonably
appear to be, accurate and balanced in relation to each other.
1) The Consultant shall determine what amounts are owing to the
Contractor based on inspections at the site, on quantity and
timeliness of his performance as measured against the approved
Schedule of Values, including any other relevant facts or
circumstances known to the Consultant, and shall issue
Certificates for Payment in such amounts, as provided in the
Contract Documents.
ATTACHMENT A to Appendix A
June 15, 1995 Page 5 of 13
ATTACHMENT A to Appendix A to Consulting Services Agreement dated September 1, 1994
between Contra Costa County and The Ratcliff Architects for Architectural Services
2) The issue of a Certificate for Payment shall constitute a
representation by the Consultant to the Public Agency, upon the
criteria set forth in Subparagraph (1) above that the work has
progressed to the point indicated; that to the best of the
Consultant's knowledge, information and belief, the quality of
the Work is in accordance with the Contract Documents (subject
to any specific qualifications stated in the Certificate for
Payment) and that the Contractor is entitled to payment in the
amount certified.
d. Review contractor submittals and shop drawings. Such checking shall be
performed by or supervised by individuals responsible for making
periodic observations of the work.
1) The Consultant shall process submittals within no more than
eight working days, not including mailing time.
2) The Consultant shall review and recommend appropriate action on
all requests for substitutions submitted by the Contractor based
on supporting data, and shall advise the Public Agency as to the
characteristics to be measured, and whether such requests are in
fact equal products to those specified.
e. Prepare contract change orders as required to correct discrepancies in
the construction documents prepared by the Consultant or as required to
correct erroneous information issued by the Consultant.
f. Make periodic observations of the work and attend job meetings with
subconsultants, the Contractor and Public Agency representatives in
attendance as may be required. Said observations and job meetings shall
be scheduled to coincide whenever possible and shall occur with such
frequency as necessary to avoid causing delay in the project. The
Consultant shall report observed material deviations from the
construction contract documents and keep the Public Agency informed of
the progress and quality of the work.
g. The Consultant shall recommend that the Public Agency reject Work which
does not conform to the Contract Documents, and, absent clear and
compelling reasons or the Public Agency's written direction not to do
so, will recommend the rejecting of such non-conforming work if known to
the Consultant.
h. Endeavor to secure compliance by the Contractor with the contract
documents, making reasonable effort to see that the Contractor avoids
errors and omissions. The Consultant, however, shall not be responsible
for the performance of Contractors nor for construction means, methods
or sequences.
i. Receive and review for general compliance with the Construction
Documents all Contractor guarantees, operating instructions, equipment
lists, equipment manuals, etc. and deliver them to Public Agency on
completion of the work.
ATTACHMENT A to Appendix A
June 15, 1995 Page 6 of 13
ATTACHMENT A to Appendix A to Consulting Services Agreement dated September 1, 1994
between Contra Costa County and The Ratcliff Architects for Architectural Services
j. Review field record drawings prepared by the Contractor, or Contractors,
and report to the Public Agency any observed errors or omissions in the
Field Record Drawings as maintained by the Contractor. However, the
Consultant is not responsible for the accuracy or completeness of record
drawings prepared by the Contractor or Contractors. On completion of
the construction work, the Consultant shall obtain from the Contractor
or Contractors, all field record drawings, shall review the field
drawings for consistency with Field Reports, Supplemental Instructions,
Clarifications, Change Orders, and other written documentation of
changes and for legibility of the field record information shown on the
drawings, shall report any observed discrepancies to Public Agency, and
shall deliver the drawings to the Public Agency.
G. COPIES OF DOCUMENTS
The following documents shall be furnished to the Public Agency:
1. One set of reproducible copies of drawings and one copy of any outline
specifications of the Design Development Phase for review purposes.
2. One copy of Consultant's statements of probable initial construction
contract cost.
3. One set of reproducible copies of construction drawings and one copy_ of the
Specifications for final review purposes.
4. Original tracings and master specifications, upon final approval of the
above-mentioned construction drawings and specifications, in accordance with
Section 13 in the Agreement.
S. The Public Agency reserves the right to request additional copies of plans
and specifications as may be required, and only their direct printing costs
will be at additional Public Agency expense.
H. TIME PERIODS (This Paragraph adds to Sections 1(f) and 10 in the Agreement) .
The Consultant shall proceed with all due diligence to complete the Construction
Documents Phase. The working Drawings and Specifications shall be ready for
printing within 80 calendar days after the date authorization is given to the
Consultant to proceed with the Construction Documents Phase, subject to delays
beyond the control of the Consultant or its Subconsultants. Work on each item
of service as specified in this Article shall proceed by steps as provided by
this Agreement upon approval by the County Administrator or the governing Board
of the Public Agency as specified, and until such approval, subconsultant shall
not proceed with any subsequent item of service.
ARTICLE IV. Extra Work by the Consultant
(This Article adds to Section 14 in the Agreement)
The following services shall not be considered basic services unless so designated
in Article III, and insofar as they cause the Consultant extra expense and if
authorized in writing by the Public Agency in advance, shall be paid for by the
Public Agency as provided in Agreement Section 14.
A. Revisions or changes in plans or in instructions previously given which are
requested by the Public Agency after approval of the Design Development Phase
documents, as provided in Article V. Note, however, that changes which are due
to Consultant's errors or omissions shall not be extra services.
ATTACHMENT A to Appendix A
June 15, 2995 Page 7 of 13
ATTACHMENT A to Appendix A to Consulting Services Agreement dated September 1, 1994
between Contra Costa County and The Ratciff,Architects for Architectural Services
B. Services in excess of those which would be required for the number of segregated
contracts, if any, specified in Article III, when the Architect has been
directed by the Public Agency to prepare more segregated contracts than
specified in Article III.
C. Preparation of change orders. Exception: Public Agency shall not pay for
preparation of change orders issued to correct errors or omissions by the
Consultant, regardless of whether the correction is beneficial or non-beneficial
to the project.
D. Design and construction documents and construction administration for repair of
damage to the structure, when so directed by the Public Agency.
E. The selection by the Consultant, at the Public Agency's request, of loose or
unattached furniture and equipment or articles which are not included in the
construction documents prepared by the Consultant under Article III.
F. Assisting the Pubhic Agency in arranging for the work to proceed should the
Contractor default due to delinquency or insolvency.
G. Providing prolonged contract administration and observation of construction when
the initial construction contract time is exceeded by more than 90 days due to
no fault of the Consultant. If separate, phased contracts are used, the period
for extra services shall begin 90 days after the original time for completion of
the construction contract with the latest initial completion date. In the event
that the construction contract time is extended as a result of suspension of the
construction activities due to labor strikes, court orders, natural disasters,
Contractor default, or any other cause beyond the control of the Public Agency
or Consultant, the time period of such suspension shall not be considered
construction time for the purpose of determining the period for Extra Services.
The original times for completion specified in construction contracts shall be
determined by the Public Agency and approved by Consultant.
H. Providing services during suspension of construction when requested by Public
Agency.
I. Providing and accommodating code and regulatory requirements of any applicable
governing agency which become newly effective after application date for
Building Inspection Department review.
J. Assisting the Public Agency in obtaining the Contractor's compliance with the
guarantees and warranties for a period of one year following the filing of the
Notice of Completion.
K. Providing presentation models requested in writing by the Public Agency.
Notice, however, that working or study models constructed by the Consultant for
his own use or by his own choice to communicate design and construction concepts
to the Public Agency shall not be extra services.
L. Preparing final record drawings from the Field Record Drawings specified under
Article III. Final record drawings are the original tracings revised to reflect
the changes accomplished during construction and changes shown or noted on the
Field Record Drawings.
M. Revising documents as directed by the Building Inspection Department and Fire
Protection District, when the directions could not have been anticipated through
knowledge of applicable codes and regulations, or when the directions are
contrary to earlier review comments or directions by the agency involved.
ATTACHMENT A to Appendix A
June 15, 1995 Page 8 of 13
ATTACHMENT A to Appendix A to Consulting Services Agreement dated September 1, 1994
between Contra Costa County and The Ratcliff Architects for Architectural Services
ARTICLE V. Consultant's Fee
(This Article adds to Section 8 in the Agreement) .
A. The Public Agency agrees to pay the Consultant for full performance of the basic
architectural services described herein on an hourly basis with a Payment Limit,
in accordance with Sections 1(e) and 8 in the Agreement.
B. Errors and omissions in documents prepared by the Consultant shall be corrected
by the Consultant without cost to the Public Agency. Architectural and
engineering services required to make changes in construction resulting from
errors and omissions in construction documents which are prepared by the
Consultant shall be performed by the Consultant without cost to the Public
Agency.
C. The Consultant's fee specified in subheading A above, except as otherwise
expressly provided in this Agreement, shall constitute full compensation to the
Consultant for the basic services under this Agreement.
ARTICLE VI. Ownership and Use of Documents
(This Article adds to Sections 13, 16, and 17 in the Agreement)
A. Drawings and Specifications and any and all other documents and instruments
prepared by the Consultant, shall, upon receipt and approval by the Public
Agency, become and remain the property of the Public Agency whether the Project
for which they are made is executed or not.
B. In the event this Agreement is terminated for any reason whatever, before
completion, all the original drawings, tracings and specifications and other
pertinent documents shall be turned over to the Public Agency and shall become
the property of the Public Agency, in accordance with Agreement Sections 16 and
17. Liability for damages caused by subsequent unapproved changes or use of
plans, specifications, reports or documents shall be as specified in Section
5536.25(a) of the State Architectural Practice Act, i.e. :
"A licensed architect who signs plans, specifications, reports, or documents
shall not be responsible for damage caused by subsequent changes to or uses
of those plans, specifications, reports, or documents, where the subsequent
changes or uses, including. changes or used made by state or local
governmental agencies, are not authorized or approved by the licensed
architect who originally signed the plans, specifications, reports, or
documents, provided that the architectural service rendered by the architect
who signed the plans, specifications, reports, or documents was not also a
proximate cause of the damage."
ARTICLE VII. Duties of Consultant
A. RESPONSIBILITY FOR CONSTRUCTION COST
1. Cost considerations shall not justify breaching principles of sound
architectural and engineering design. If the cost of the work is increased
beyond the Fixed Limit of Initial Construction Contract Cost, or beyond the
latest approved estimate by any changes involving quality or quantity, the
Consultant shall give written notice in a timely manner to the Public
Agency, whether such increase is initiated by the Public Agency or the
Consultant.
ATTACHMENT A to Appendix A
June 15, 1995 Page 9 of 13
ATTACHMENT A to Appendix A to Consulting Services Agreement dated September 1, 1994 "
between Contra Costa County and The Ratckiff`Architects for Architectural Services
2. Since a Fixed Limit of Initial Construction Contract Cost has been
established as a condition of this Agreement, the Consultant shall be
permitted, subject to approval by the Public Agency, (a) to include
contingencies for design, bidding and price escalation, (b) to determine
what materials, equipment, component systems and types of construction are
to be included in the Contract Documents, (c) to make reasonable adjustments
in the scope of the Project and (d) to include in the Contract Documents
additive alternate bids approved by the Public Agency to adjust the Initial
Construction Contract Cost to the Fixed Limit.
3. If the Bidding has not started within three months after the Consultant
submits the final Construction Documents to the Public Agency for bidding,
the Fixed Limit of Initial construction Contract Cost shall be adjusted to
reflect any change in the general level of prices in the construction
industry between the date of submission of the Construction Documents to the
Public Agency and the date on which proposals are sought. Adjustments shall
be based on the ENR 20-cities Building-Cost Index, published by McGraw-Hill,
Inc.
4. If the Fixed Limit of Initial Construction Contract Cost (adjusted as
provided in Subparagraph 3 above) is exceeded by the lowest bona fide bid,
the Public Agency at its option shall do one of the following: (a) award
the Construction Contract if additional funds are available, (b) authorize
rebidding or renegotiating of the Project within a reasonable time, (c) if
the Project is abandoned, cancel in accordance with the Agreement, Section
16, or (d) , require the Consultant to modify the Drawings and Specifications
as necessary to comply with the Fixed Limit. If the Consultant is required
to make such modifications, he shall furnish without cost to the Public
Agency, the modified drawings and specifications in the number required by
the Public Agency for rebidding. When separate Phased Construction
Contracts are used, the foregoing options shall apply to the largest general
construction contract, when the lowest bona fide bid, together with the sum
of the prices or estimates for all other separate construction or
procurement contracts, exceed the Fixed Limit of Initial Construction
Contract Cost.
5. If the base bid is less than the Fixed Limit of Initial Construction
Contract Cost, the Public Agency will endeavor to award additive alternates,
if any, as required to bring the Initial Construction Contract Cost as close
to the Fixed Limit as possible. However, the Public Agency may select any
additive alternates in any order or combination, depending on the priority
the Public Agency assigns to each additive alternate after bid opening, and
such order or combination will not necessarily produce the Initial
Construction Contract Cost closest to the Fixed Limit, but will produce the
closest of all the highest priority additive alternates.
B. INDEMNIFICATION (This Paragraph replaces Section 23 in the Agreement)
Indemnification. The Consultant shall defend, indemnify, save and hold harmless
the County, its boards, officers and employees from any and all claims, demands,
suits, judgments, liability, expenses and costs, including, but not limited to,
reasonable attorney's fees and other costs of defense, for any damages, injury,
sickness or death arising directly or indirectly from, or in any way connected
with, the services provided hereunder, and due to willful misconduct or
negligent acts, errors or omissions of the Consultant or any person under the
Consultant's control. The Consultant's obligations under this section shall
exist regardless of concurrent negligence or willful misconduct on the part of
the County or any other person; provided, however, that the Consultant's
obligation to indemnify shall be limited to the proportion of willful misconduct
or negligence attributable to the Consultant or any person under . the
Consultant's control.
ATTACHMENT A to Appendix A
June 15, 1995 Page 10 of 13
ATTACHMENT A to Appendix A to consulting Services Agreement dated September 1, 1994
between Contra Costa County and The Ratcliff Architects for Architectural Services
C. SUBCONSULTANTS (This Paragraph adds to Section 20 in the Agreement)
Consultant shall employ a landscape architect and structural, mechanical,
electrical and civil engineers; cost estimators; and specialists as necessary in
the opinion of the Consultant to prepare any item of service listed in Article
III. Said consultants shall be licensed by the State of California to perform
their special services, when such licensing is required by law. All completed
drawings prepared by subconsultants and included in the Contract Documents shall
bear the signature of the appropriate subconsultant.
1. Each subconsultant being considered shall receive a copy of the Agreement
and shall acknowledge to the prime consultant in writing, with copy to the
Public Agency, that he has read and understands the Agreement and
furthermore, that he agrees to assist the prime consultant with all the
services and duties mentioned herein as they apply to the specialties for
which he is retained as a subconsultant.
2. All subconsultants retained by the Consultant shall be approved in writing
by the Public Agency before an agreement is executed with a subconsultant.
However, Public Agency's approval shall not create any contractual relation
between Public Agency and the subconsultants employed by Consultant.
3. The Consultant shall enter into a written agreement with each such
subconsultant or subcontractor and shall include in the agreement provisions
requiring the subconsultant or subcontractor to indemnify, save and hold
harmless the Public Agency, its boards, officers and employees to the same
extent as the prime Consultant is required to do so.
D. INSURANCE (This Paragraph adds to Section 7 in the Agreement)
1. During the period of this Agreement, the Consultant shall maintain in effect
a policy of professional liability insurance covering errors and omissions
of the Consultant and his subconsultants in an amount not less than
$1,000,000.00 in the aggregate on a claims made basis. Said insurance shall
require at least 30 days' written notice to the Public Agency of
cancellation or modification. The insurance furnished pursuant to this
paragraph may contain a deductible clause of not more than $50,000.00.
2. The Consultant shall file with the Public Agency a certificate or
certificates showing that the insurance specified above and in the agreement
is in effect. The certificate(s) shall be submitted before signing the
Agreement.
E. APPROVALS (See Paragraph A.5 in Appendix A to the Agreement)
ARTICLE VIII. Duties of Public Agency
A. The overall administration of the project will be accomplished by the Public
Agency.
B. The following will be accomplished by the Public Agency.
1. Obtain and deliver to the Consultant all necessary site information, e.g. ,
topographic surveys and related information, geotechnical studies and
testing, containing information required by the Consultant to perform its
services, as ordered by the Consultant in writing prior to completion of
Design Development Documents. While the Consultant has the right to rely on
the accuracy and completeness of such topographic and soils information, the
Public Agency shall not guarantee the accuracy and completeness of any
information it provides on existing buildings or site improvements. If the
Public Agency provides any drawings or information in any other form on such
ATTACHMENT A to Appendix A
June 15, 1995 Page 11 of 13
ATTACHMENT A to Appendix A to Consulting Services Agreement dated September 1, 1994 `
between Contra Costa County and The Ratcliff Architects for Architectural Services
existing facilities, it will be to give the Consultant benefit of the same
information available to the Public Agency: the Consultant shall verify
existing conditions at the site which are visible and accessible without
demolition of existing finishes or other components of facilities.
2. Review all sketches, drawings, specifications, proposals, contracts and
other documents presented to it by the consultant and act promptly thereon,
notifying the Consultant of any and all decisions thereon.
3. Act promptly in all matters requiring its attention so as not to
unreasonably delay the work of the Consultant in the design and construction
of the project.
4. Provide all necessary construction testing services.
5. Pay all fees required by any division or department of the State of
California, or other authorities having jurisdiction, for filing and
checking of any item of service prepared by Consultant.
6. Prepare documents required to meet requirements of California Environmental
Quality Act (CEQA) .
7. Designate a project manager to serve as a single point of communication
between the Public Agency and the Consultant.
8. Provide any special inspection required by the California Building Code.
ARTICLE IX. Non Discrimination and MBE/WBE Requirements
A. Consultant shall not discriminate against any employee who is employed in the
Project work or against any applicant for such employment because of ethnic
group identification, religion, age, sex, color, national origin, or physical or
mental disability.
B. Consultant shall meet the MBE/WBE Requirements set forth in the Public Agency's
letter dated October 17, 1994, with attachments. Such requirements are
incorporated herein by reference.
ARTICLE X. Records
(This Article adds to Section 11 in the Agreement)
A. The Consultant shall establish an official file for this Project. The file
shall contain adequate documentation of all actions taken by the Consultant with
respect to the Project.
B. Consultant shall maintain books, records, documents and other evidence pertinent
to the Consultant's services on the Project in accordance with generally
accepted accounting, engineering and architectural principles and practices, and
retain such matter as specified in Section 11 of the Agreement.
C. Consultant shall make such books, records, documents, and other evidence
available to the Public Agency, or any authorized representative, as specified
in Section 11 of the Agreement, and shall provide suitable facilities for
access, inspection and copying thereof.
ATTACHMENT A to Appendix A
June 15, 1995 Page 12 of 13
ATTACHMENT A to Appendix A to Consulting Services Agreement dated September 1, 1994
between Contra Costa County and The Ratcliff *Architects for Architectural Services
ARTICLE %I. Notices
Any notice that either party hereto desires or is required to give to the other,
shall be in writing and shall be effected by personal delivery or by mail. In
either event, notice to the Public Agency shall be at The Contra Costa County
Architectural Division Office, 1220 Morello Avenue, Suite 100, Martinez, California
94553-4711.
13517O07.06A
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ATTACHMENT A to Appendix A
June 15, 1995 Page 13 of 13