HomeMy WebLinkAboutMINUTES - 10031995 - C40 .yv
TO: BOARD OF SUPERVISORS PD340-9501/A.1.1
FROM: BARTON J. GILBERT, DIRECTOR OF GENERAL SERVICES
DATE: October 3, 1995L_
��-, -��-°_� Contra
SUBJECT: APPROVING CONSULTING SERVICES AGREEMENT FOR Costa
n
LANDSCAPE ARCHITECTURAL SERVICES FOR LAUREL ROAD "�' ,os
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PARK AND BALLFIELD IMPROVEMENTS,OAKLEY,FOR OAKLEY County
�6'A u s
MUNICIPAL ADVISORY COUNCIL(WPE620)
SPECIFIC REQUESTS OR RECOMMENDATION(S)$BACKGROUND AND JUSTIFICATION
I. RECOMMENDATION
A. APPROVE a consulting services agreement with Site Development Consultants, P.O. Box F, Brentwood,
for landscape architectural services for Laurel Road Park and Ballfield Improvements, Oakley, for Oakley
Municipal Advisory Council. The agreement will be effective August 21, 1995 and will provide for full
design and construction observation services,with a payment limit of$42,400.00, which amount shall not
be exceeded without prior, written authorization by the Director of General Services.
B. AUTHORIZE the Director of General Services to execute the agreement and to issue written
authorizations for extra work, provided that the cumulative total extra cost for all such authorizations shall
not exceed $25,000.00.
II. FINANCIAL IMPACT
Sufficient funds are available in the Countywide Landscape District Zone 16 budget to cover the amount
encumbered by this agreement.
III. REASONS FOR RECOMMENDATIONS/BACKGROUND
A. The Parks Subcommittee of the Oakley Municipal Advisory Council intends to.develop a joint-use park
and ballfield complex, coordinated with the County Flood Control District's Laurel Detention Basin
Project.
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT 1
AYES: NOES:
ABSENT: 'ABSTAIN: I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
MEDIA CONTACT: BARTON J.GILBERT(313-7100) AND ENTERED ON THE MINUTES OF THE BOARD
CC: General Services Department OF SUPERVISORS ON THE DATE SHOWN.
Architectural Division T
Accounting ATTESTED
County Administrator PHIL BATCHELOR,CLERK OF E BOARD OF
Auditor-Controller SUPERVISORS AND COUNTY ADMINISTRATOR
Public Works Dept(Yia A/D)
Consultant(Via A/D)
BY ,DEPUTY
RH:GB:Is 3K01S01B.WPD Page of M382 (10/88)
APPROVING CONSULTING SERVICES AGREEMENT PD340-9501/A.1.1
FOR LANDSCAPE ARCHITECTURAL SERVICES FOR October 3, 1995
LAUREL ROAD PARK AND BALLFIELD IMPROVEMENTS
OAKLEY, FOR OAKLEY MUNICIPAL ADVISORY
COUNCIL (WPE620)
B. The Oakley Municipal Advisory Council conducted its own consultant interview and selection
process, and selected the firm of Site Development Consultants. The Council has asked the General
Services Department to prepare and execute a consulting services agreement with the firm they
selected.
C. The consultant, Site Development Consultants, will use subconsultants to satisfy the County's
MBE/WBE goals for professional services or will show that a good faith effort was made to meet
the goals.
D. The scope of work has been established and negotiations have been completed and an appropriate
agreement is ready to sign. The agreement describes full landscape architectural services, including
Predesign, Schematic Design, Design Development, Construction Documents, and Bidding and
Construction Observation Phases of service.
E. The County must proceed with the agreement for architectural services because it does not have
sufficient staff to provide the services.
RI-1:GB:ls
3K01501 B.WPD Page 2 of 2
File: PD340-9501(5)/A.1
CONSULTING SERVICES AGREE14ENT
1. Special Conditions. These special conditions are incorporated below by reference.
(a) Public Agency: CONTRA COSTA COUNTY
(b) Consultant's Name a Address: SITE DEVELOPMENT CONSULTANTS
PO BOX F
BREN'T'WOOD, CA 94513
(c) Project Name, Number & Location: LAUREL ROAD PARK a BALLFIffi.D IMPROVBNE TS, LAUREL ROAD, OAKLEY, FOR PUBLIC WORKS
DEPAFM4ENT (WPE620)
(d) Effective Date: AUGUST 21, 1995 (e) Payment Limit: $42,400.00 (f) Completion Date: See Appendix A
(g) Liquidated Damages: $ NONE per day
(h) Federal Taxpayers I.D. or Social Security No. 94-1603874
2. Signatures. These signatures attest the parties' agreement hereto:
PUBLIC AGENCY CONSULT
By: Date: By:
Director of General Services/Purchasing Agent a gnate o a ac y iffi the business)
e of business o s ip government
agency, partnership, corpora ion, etc.)
If corporation, state of incorporation:
By:
(Designate official capacity in the business)
Note to Consultant: For corporations, the contract must be signed by two officers. The first signature must be that of the chairman
of the board, president or vice-president; the second signature must be that of the secretary, assistant secretary, chief financial
officer or assistant treasurer. (Civ. Code, Sec. 1190 and Corps. Code, Sec. 313.) The acknowledgment below must be signed by a
Notary Public.
------------------------------------------------------------------------------------------------------------------------------------
CERTIFICATE OF ACIMOWLEDGEMENT
State of California )
ss.
County of Contra Costa )
On the date written below, before me, the undersigned Notary Public, personally appeared the person(s) signing above for Consultant,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official F( FAL
Dated: 9/19/95 a CAROLE A.SILAGI
® NOTARY PUBLIC-CALIFORNIA
[Notary's Seal] CONTRA COSTA COUNTY
uFoaN`a My Comm.Expires Noi'.14,i__M Notary Public
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 Section 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, and (b) Comprehensive Liability Insurance, including coverage for owned and non-owned
automobiles,. 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. Consultant shall furnish evidence of such coverage, naming Public Agency, its officers and employees as additional
insureds, and requiring 30 days' written notice of policy lapse or cancellation.
8. Payment. Public Agency shall pay Consultant for professional services performed at the rates shown in Appendix B attached
hereto, which include all overhead and incidental expenses, for which no additional compensation shall be allowed.
Notwithstanding the foregoing, those incidental expenses specifically itemized in Appendix B shall be reimbursable by Public
Agency to Consultant, provided that Consultant submits copies of receipts and, if applicable, a detailed mileage log to Public
Agency. In no event shall the total amount paid to Consultant exceed the payment limit specified in Sec. 1(e) without prior
written approval of 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. Payment will be made within
thirty (30) days after receipt of each statement.
Page 1 of 3
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 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. Liquidated Damages. The parties to this Agreement agree that, in the event that the services described in this Agreement
are not completed on time, Public Agency will sustain damage and that it will be impracticable and extremely difficult to
ascertain the actual damage which Public Agency will sustain. In the event that Consultant fails to complete all of the
services described in this Agreement on or before the Completion Date listed in Section 1 above, or within the period of
any authorized extension, Consultant shall pay as and for liquidated damages, the sum listed in Section 1 above for each
calendar day that completion is delayed.
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 that Consultant ceases performing service under this Agreement or otherwise
abandons the project prior to completing all of the services described in this Agreement, Consultant shall, without delay,
deliver to Public Agency all materials and records prepared or obtained in the performance of this Agreement, and shall be
paid for the reasonable value of the services performed up to the time of cessation or abandonment, less a deduction for
any damages or additional expenses which Public Agency incurs as a result of such cessation or abandonment.
18. Breach. In the event that Consultant fails to perform any of the services described in this Agreement or otherwise breaches
this Agreement, Public Agency shall have the right to pursue all remedies provided by law or equity. Any disputes relating
to the performance of this Agreement shall not be subject to non-judicial arbitration. Any litigation involving this
Agreement or relating to the work shall be brought in Contra Costa County, and Consultant hereby waives the removal
provisions of Code of Civil Procedure Section 394.
19. Compliance with Laws. In performing this Agreement, Consultant shall comply with all applicable laws, statutes,
ordinances, rules and regulations, whether federal, state or local in origin.
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. 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.
22. 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.
23. Indemnification. Consultant shall defend, indemnify, save and hold harmless Public Agency, its governing bodies, officers
and employees from any and all claims, costs and liability for any damages, injury or death arising directly or indirectly
from or connected with, the services provided hereunder and due to, or claimed or alleged to be due to, negligence or
willful misconduct of Consultant, its officers, employees, agents, subconsultants, or any person under its direction or
control, save and except claims or litigation arising through the sole negligence or sole willful misconduct of Public
Agency, and will make good to and reimburse the indemnitees for any expenditures, including reasonable attorney's fees, the
indemnitees may make by reason of such matters and, if requested by any of the indemnitees, will defend any such suits at
the sole cost and expense of Consultant.
Page 2 of 3
24. 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.
25. Endorsements. Consultant shall not in its capacity as a consultant 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 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 Board of Supervisors. In its County 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 Contra Costa County. Notwithstanding the
foregoing, Consultant may express its views on products to other consultants, the Board of Supervisors, County officers, or
others who may be authorized by the Board of Supervisors or by law to receive such views.
34001A08.23A
PP:bg
Attachments
Appendix A
Appendix B
(Form approved by County Counsel 11/91)
Page 3 of 3
APPENDIX A to Consulting Services Agreement dated August 21, 1995 between Contra
Costa County and Site Development Consultants, for Architectural Services
SCOPE OF SERVICES
TABLE OF CONTENTS
Page
ARTICLE I General Intent 2
ARTICLE II Description of the Project 2
ARTICLE III Basic Services of Consultant 2
A. General 2
B. Predesign Phase 3
C. Schematic Design Phase 3
D. Design Development Phase 3
E. Construction Documents Phase 4
F. Bidding and Construction Phase 6
G. Copies of Documents 7
H. Time Periods 7
ARTICLE IV Extra Work By The Consultant 8
ARTICLE V Consultant's Fee 8
ARTICLE VI Ownership and Use of Documents 9
ARTICLE VII Duties of Consultant 9
A. Responsibility for Construction Cost 9
B. Subconsultants 9
C. Approvals 10
ARTICLE VIII Duties of Public Agency 10
ARTICLE IX Non Discrimination & MBE/WBE Requirements 11
ARTICLE X Records 11
ARTICLE XI Notices 11
34001008.24A
PP:bg
Appendix A
Page 1 of 11
APPENDIX A to Consulting Services Agreement dated August 21, 1995 between Contra
Costa County and Site Development Consultants for Architectural Services
SCOPE OF SERVICES
ARTICLE I. General Intent of Agreement
The Public Agency intends to develop baseball fields and park improvements, 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
A. The Project contemplated under this Agreement is Laurel Road Park & Ballfields
Improvements, Laurel Road, Oakley, for Public Works Department, Authorization
No. WPE620.
B. In general, the Project comprises preparing conceptual plans and design and
construction documents for the baseball fields and park improvements consistent
with defined goals of the community; and assisting the County with budgeting,
bidding, and construction observation.
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. 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.
ARTICLE III. Basic Services of Consultant
The Consultant shall render the services and furnish the items described as follows:
A. GENERAL
1. A partner or directing officer shall be in charge of the project for the
Consultant, shall hold current registration as a Landscape Architect in the
State of California and, by entering into this Agreement, shall declare that
he/she is professionally competent and able to provide the professional
services outlined herein by reason of his/her personal knowledge and skill
and that of his/her staff of consultants retained and paid by him/her.
Wherever, the word "Architect" appears in this Agreement, it shall mean
"Landscape Architect."
2. (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 Ordinance Code of Contra Costa County; the
Americans With Disabilities Act; other applicable State and Federal Codes
and Regulations; the local fire district and utility companies or districts
having jurisdiction.
Appendix A
Page 2 of 11
APPENDIX A to Consulting Services Agreement dated August 21, 1995 between Contra
Costa County and Site Development Consultants for Architectural Services
3. 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. After completion of the Predesign Phase, services shall include
a maximum total of six meetings with Public Agency staff and a maximum of
fourpublic meetings.
4. 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.
5. The Project shall be designed to (1) provide a park with the lowest
reasonable construction costs and (2) minimize the maintenance and
operational costs of the park, each consistent with the Public Agency
requirements set forth in Article II B above, and in written communications
from the Public Agency.
B. PREDESIGN PHASE
1. The Consultant shall assist with one special public hearing to gather
information regarding the communities ideas, concerns, and goals for the
proposed park.
2. The Consultant shall prepare one or more conceptual plans and present them
to the community at a special public hearing for review and comment. The
Public Agency shall direct the Consultant which concept, or combination of
elements to be integrated into the refined Schematic Plan.
C. SCHEMATIC DESIGN PHASE
The Consultant shall prepare a Schematic Plan including the appropriate elements
and features as directed by the Public Agency, prepare a preliminary order-of-
magnitude construction cost estimate of the refined schematic plan, and present
the plan and cost estimate at a special public meeting for discussion, comment,
and approval (or approval with modifications) in order to initiate the design
development phase.
D. DESIGN DEVELOPMENT PHASE
The Consultant will work with the Public Agency in preparing a refined grading
and utility plan for the project site.
Design Development Phase Documents shall be prepared by the Consultant and shall
be based on the approved Predesign and Schematic Design Phase 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,
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.
2. A lab analysis of soils and water to determine soil amendment and fertilizer
requirements and water quality.
3. A lab analysis of soils to determine structural requirements for restroom
facilities and parking/paving features unless a soils structural report is
available from the Public Agency.
Appendix A
Page 3 of 11
APPENDIX A to Consulting Services Agreement dated August 21, 1995 between Contra
Costa County and Site Development Consultants for Architectural Services
4. For structures:
(a) Floor plans, with room sizes dimensioned or noted. The floor plans
shall show furnishings and equipment in each room. 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 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 systems.
(b) Calculations and outline specifications which clearly describe
engineering and architectural character and materials.
(c) Presentation of the structural system, if any, and all its essential
features.
(d) Presentation of the electrical and mechanical systems, refined to fix
and describe their characteristics .and the quality and control of
environment they will provide.
(e) Building interior elevations and sections, including material
designations.
(f) Room finish schedules.
(g) 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.
(h) Interior design elements including selection of room finishes and
colors; finishes and colors for casework and/or millwork; specific items
of equipment and furnishings; and basic directional and code-required
signage.
5. A further statement of probable construction cost for review and approval by
the Public Agency.
6. Recommended construction staging areas and phasing.
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 Specification Book.
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.
Appendix A
Page 4 of 11
APPENDIX A to Consulting Services Agreement dated August 21, 1995 between Contra
Costa County and Site Development Consultants for Architectural Services
3. The construction documents shall include:
a. Rough grading, soil preparation and fine grading
b. On-site drainage
c. On-site utilities
d. Walks and paths
e. Fencing and entrances
f. Play area with play structures
g. Ballfields & backstops
h. Benches and picnic areas (group and individual)
i. Trash enclosure and litter receptacles
j. Drinking fountain(s)
k. Restroom
1. Storage & service facility
m. On-site parking facilities
n. Security lighting
o. Irrigation system w/irrigation well
p. Landscape planting
q. Signage
4. Working drawings shall be prepared on 3 mil polyester drafting film with ink
or lead formulated for smudge free drawing and long wear. 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 30x42 in. unless otherwise
approved by the County. Details shall be shown on the working drawings and
shall not be on 81,x11 in. drawings bound separate from the working drawings.
5. The 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.
6. 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.
7. 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.
8. Consultant shall provide room finish and color schedules, and specifications
for items listed under Article III, Paragraph D, Sub-Paragraph 4(h) above.
9. A final construction cost estimate covering the base bid and additive
alternates will be prepared.
10. Final construction documents will be submitted for review and approval.
11. 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.
Appendix A
Page 5 of 11
APPENDIX A to Consulting Services Agreement dated August 21, 1995 between Contra
Costa County and Site Development Consultants for Architectural Services
F. BIDDING AND CONSTRUCTION PHASE
1. Bidding Procedure shall be administered by the Public Agency with assistance
from the Consultant. Public Agency will handle arrangements 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.
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. Advise as to the true intent of the contract documents and notify the
Contractors of such intent in writing with Supplemental Instructions,
Field Reports, sketches, reports, or other memoranda in such form as
approved by the County Architectural Division. 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.
b. Approve Contractor's payment requests.
C. Review contractor submittals and shop drawings. Such checking shall be
performed by or supervised by individuals responsible for making
periodic observations of the work.
d. 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.
e. Make periodic observations of the work as required by California
Building Code, and attend job meetings with his consultants, 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. Consultant shall render decisions and interpretations
pertaining to design or to the construction documents promptly and as
necessary for the progress of the construction work.
f. Prepare drawings and provide technical direction as needed to clarify
intent of construction documents prepared by Consultant.
g. 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.
h. 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.
Appendix A
Page 6 of 11
APPENDIX A to Consulting Services Agreement dated August 21, 1995 between Contra
Costa County and Site Development Consultants for Architectural Services
i. 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 prepare and deliver as-built drawings from Contractor supplied
measurements to the Public Agency.
j. Specifically omitted from this Agreement are all design and construction
review services related to the Contractor's safety precautions or to
means, methods, techniques, sequences or procedures required for the
Contractor to perform his work but not relating to the final or
completed structure; omitted services include but are not limited to
site barricades, shoring, scaffolding, underpinning, temporary
retainment of excavations and any erection methods or bracing, except
when such items are designed by the Consultant.
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.
5. 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)
Predesign Phase of the work shall start as soon as this Agreement is executed.
It is agreed that it is impractical to set up a time schedule for Schematic
Design Phase and the Design Development Phase because during these phases there
is an inter-related exchange of information between the Public Agency's various
departments and the Consultant. After the Design Development Phase of the work
has been approved by the Public Agency, 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 45 calendar days
after the Design Development Documents are approved and 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.
Appendix A
Page 7 of 11
APPENDIX A to Consulting Services Agreement dated August 21, 1995 between Contra
Costa County and Site Development Consultants for Architectural Services
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.
B. 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.
C. Assisting the Public Agency in arranging for the work to proceed should the
Contractor default due to delinquency or insolvency.
D. 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.
E. Providing services during suspension of construction when requested by Public
Agency.
F. 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.
G. 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.
H. 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.
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.
Appendix A
Page 8 of 11
APPENDIX A to Consulting Services Agreement dated August 21, 1995 between Contra
Costa Countv and Site Development Consultants for Architectural Services
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 uses 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
Cost considerations shall not justify breaching principles of sound
architectural and engineering design. If the cost of the work is increased
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.
B. SUBCONSULTANTS (This Paragraph adds to Section 20 in the Agreement)
Consultant shall employ structural, geotechnical, mechanical and electrical
engineers; cost estimators; agricultural soils and water quality specialists and
other specialists as required by law or 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.
Appendix A
Page 9 of 11
APPENDIX A to Consulting Services Agreement dated August 21, 1995 between Contra
Costa County and Site Development Consultants for Architectural Services
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 prior to the execution of any Agreement 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.
C. APPROVALS
The Consultant agrees that approval of plans and specifications by the Public
Agency shall not relieve the Consultant of the responsibility to prepare the
plans and specifications in a skillful and careful manner, in accordance with
the competence and care ordinarily exercised in like cases by reputable members
of the Consultant's profession practicing in the same locality or similar
localities.
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, 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 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 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.
Appendix A
Page 10 of 11
APPENDIX A to Consulting Services Agreement dated August 21, 1995 between Contra
Costa County and Site Development Consultants for Architectural Services
6. Prepare documents required to meet requirements of California Environmental
Quality Act (CEQA) :
7. Provide information regarding requirements for the Project, including design
objectives, constraints and criteria, space requirements and relationships,
flexibility and expandability, special equipment and systems and site
requirements.
8. Designate a project manager to serve as a single point of communication
between the Public Agency and the Consultant.
9. Provide any inspection required by the Ordinance Code.
ARTICLE IX. Non Discrimination and MBB/WBE Requirements
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.
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.
ARTICLE XI. 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.
34001O08.24A
PP:bg
Appendix A
Page 11 of 11
Appendix B to Consulting Services Agreement dated August 21, 1995 between
Contra Costa County and Site Development Consultants, for Architectural
Services.
PAYMENT
A. Payment for services shall not exceed the following rates:
Principal . . . . . . . . . . . . . . . . $65.00 per hour
Designer/Draftpersons . . . . . . . . . $45.00 per hour
Clerical. . . . . . . . . . . . . . . $35.00 per hour
All others . . . . . . . . . . . . . . 2.5 time D.P.E.
In no case shall the 2.5 times A.P.E. exceed 'the Principal's hourly rate.
D.P.E. is defined as direct salaries of personnel engaged on the project
and the portion of the cost of their mandatory and customary benefits
related to such direct salaries. Examples of mandatory and customary
benefits are mandatory employer's payroll taxes (as employer's share of
Social Security contributions, unemployment taxes, Workers' Compensation
insurance) , and customary employer's contributions to insurance and
pension programs, as well as paid time off for vacations, holidays and
sick leave.
B. Payment to the Consultant for subconsultants authorized by the Public
Agency shall be an : amount equal to Consultant's direct costs, without
handling mark ups. subconsultants' invoices shall be submitted as part of
Consultant's bill for services.
C. Payments for the Extra Work specified in Section 14 of the Agreement shall
be computed separately and such payments shall not exceed any limits
specified in the Public Agency's written order or authorization to provide
such Extra Work.
D. Actual expenditures by the Consultant and its employees and
subconsultants, for the items listed in the subparagraphs below, shall be
reimbursable when made in the interest of the project and either
authorized in writing by the Public Agency or authorized under Paragraph
F.
1. Expense of long idistance communications to locations outside the Bay
Region Counties,) ordered or approved in advance by the Public Agency.
The Bay Region counties are Contra Costa, San Francisco, Sacramento,
Napa, Sonoma, Alameda, Solano, San Mateo, San Joaquin, Santa Clara and ,
Marin.
2. Fees paid to authorities having jurisdiction over the Project for
securing their approval.
3. Expense of reproductions and postage for Drawings, Schedules,
Specifications and other documents related to the Project.
4. Expense of data processing and photographic reproduction techniques
related to the Project.
5. Expense of renderings, models and mock-ups requested by the Public
Agency.
6. Expense of travel outside the Bay Region Counties ordered or approved
in advance in writing by the Public Agency. Such expenses shall be
paid as follows:
a) Travel Time: At the hourly rates specified under Paragraph A
above, not to exceed eight hours per day per person.
APPENDIX B
Page 1 of 2
Appendix B to Consulting Services Agreement dated August 21, 1995 between
Contra Costa County and Site Development Consultants, for Architectural
Services.
b) Other reasonable travel and subsistence expenses: Actual out-of-
pocket costs-, documented with receipts.
E. All other expenses, i.e. those not listed under Paragraph D above, shall
not be reimbursable and shall be considered covered by the hourly rates
set forth in Paragraph A.
1. When any of the, items listed in Paragraph D above are specified in
Appendix A but are not identified as reimbursable with a reimbursement
limit or allowance, or when any of the items are provided for the
Consultant's own use and not at the request of the Public Agency,
expenses therefor shall not be reimbursable and shall be considered
covered by the hourly rates specified in Paragraph A above.
2. The Public Agency shall not pay for the Consultant's and .the
Consultant's subconsultants' time and expenses for transportation
between the Consultant's and its subconsultants' various offices and
Contra Costa County. Cost to Consultant and its subconsultants for
such transportation shall be considered included in the hourly rates
specified above.
F. There are no reimbursable expenses specified in this Agreement.
G. Payments shall be in accordance with Section 8 in the Agreement and shall
be made monthly on presentation of the Consultant's statement of services
rendered or reimbursable expenses incurred, on the basis of the rates set
forth in Paragraph A above, except such payments shall not exceed the
following limits. The total of the monthly payments, on completion and
approval of each phase of service, shall not exceed the percentage of
Payment Limit (excluding reimbursables and Extra Work, which shall be paid
as invoiced in accordance with this Appendix B) indicated below. The
monthly statements shall include a breakdown of expenses and hours by
classification and rate.
Percentage of
Milestone Description Payment Limit
1 Completion of Predesign and
Design Development Phases 35
2 50% completion of Construction 55
Documents Phase*
3 Completion of Construction Documents, 75
all stages.
4 Board of Supervisors acceptance of 100
Construction and completion
*50% completion of Construction Documents phase shall be as determined by
Public Agency, based on a status evaluation of each drawing sheet and each
specification section.
- END OF APPENDIX B -
34001008.24B
PP:bg
APPENDIX B
Page 2 of 2
QUESTIONNAIRE FOR DETERMINING PAYMENT METHOD FOR CONTRACTORS
All new or renewal independent contractor agreements that do not meet IRS
criteria for independent contract status must be paid through the payroll system
so that withholding taxes and •Social Security can be deducted (note: this does
not apply in the case of; contracts with corporations, temporary help agencies,
partnerships or established businesses with Taxpayer Identification Number) .
For completion by Department Personnel for ALL contracts:
Is this contractor a corporation or partnership? YES NO D
Does the contract have a taxpayer identification number? YES NO
If yes, I.D. #
If above are "yes", please sign, have contractor sign below and have an
authorized department signature review and sign, and submit with contract.
If above are "no," please complete following questions, sign, have contractor
sign, and submit for review and approval to an authorized signature.
YES NO
a. Do I, as the employer, have the right to control not
only the result of the work, but also the way in which
it is done?
b. Am I setting the independent contractor's hours? ( }
C. Is the independent; contractor restricted from taking
jobs from other businesses at the same time they are
working for me? ( ) (✓�
d. Do I or other departments have employees with similar
duties as the independent contractor? ( )
e. Does the County supply assistants to the contractor? ( )
f. Is the duration of employment for a specific period
of time rather than a specific job?
g. Does the County furnish training, tools, or equipment
to the contractor?" ( )
A "yes" answer to any of the questions "a" through "g" will constitute
justification for paying the contractor through the payroll system.
CONTRACTOR CERTIFICATION: PREPARED BY:
I certify that the answers to the
above questions accurately reflect 6.7
1�c.c:� ,
the anticipated workin relationship.
REVIEWED AND APPROVED BY:
W�/Ox/l 41�
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ATURE
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