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HomeMy WebLinkAboutMINUTES - 11051996 - C48 TO: BOARD OF SUPERVISORS 250-9641/A.1.1 FROM: BARTON J. GILBERT, DIRECTOR OF GENERAL SERVICES DATE: November 5, 1996 f Contra SUBJECT: APPROVING CONSULTING SERVICES AGREEMENT FOR - Costa ARCHITECTURAL SERVICES FOR PHASE II REMODELING, 100 GLACIER DRIVE, MARTINEZ (WH133B), FOR JUVENILE County q coux� COURT SPECIFIC REQUESTS OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. RECOMMENDATION A. APPROVE a consulting services agreement with James Miller & Associates, 110 East Third Street, Pittsburg, for architectural services for Phase II Remodeling, 100 Glacier Drive, Martinez, for Juvenile Court. The agreement will be effective September 20, 1996 and will provide for full architectural services, with a payment limit of $118,335.00, 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. IL FINANCIAL IMPACT Insurance funds received for replacement of the courts destroyed by fire at 1950 Parkside Drive in Concord are sufficient to cover the amount encumbered by this agreement. III. REASONS FOR RECOMMENDATIONSBACKGROUND A. The project involves remodeling at 100 Glacier Drive, Martinez to suit the requirements of the Superior Court as described in the Architectural Program for Contra Costa County Juvenile Count Facilities Renovation at Lion's Gate, prepared by James Miller & Associates and dated July 23, 1996. The remodeling will provide one new courtroom, two hearing rooms and ancillary rooms. The new courtroom will, in effect, replace one of the courtrooms destroyed by fire in Concord by releasing a Superior Court courtroom in downtown Martinez for use by the Mt. Diablo Municipal Court. CONTINUED ON ATTACHMENT: X YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON LS� 9 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS UNANIMOUS(ABSENT ) 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 OF SUPERVISORS ON THE DATE SHOWN. CC: County Administrator's Office ATTESTED �Vp-1,..o. - -'_9' W6 General Services Department PHIL BATCHELOR,CLERK OF THE BOARD OF Architectural Division Auditor-Controller SUPERVISORS AND COUNTY ADMINISTRATOR Superior Court(Via A/D) Consultant(Via A/D) BY ,DEPUTY 2L41 S08B.WPD RDH:PLP:ls Page 1 of 2 M382 (10/88) APPROVING CONSULTING SERVICES AGREEMENT FOR 250-9641/A.1.1 ARCHITECTURAL SERVICES FOR PHASE 11 November 5, 1996 REMODELING, 100 GLACIER DRIVE,MARTINEZ FOR JUVENILE COURT B. James Miller & Associates was selected to provide architectural services for this project by the Architectural Selection Committee at interviews held on December 20, 1995. C. James Miller& Associates will use subconsultants to satisfy the goals of the County's Minority and Women Business Enterprise Contract Compliance Program or will show that a good faith effort was made to meet the goals. D. Negotiations have been completed and an appropriate agreement is ready to sign. E. The County must proceed with this agreement for architectural services because it does not have sufficient staff to provide the services. NAIs08B.VvTD RDI HILRIs Page 2 of 2 • File:PD250-964 I/A.1.1 CONSULTING SERVICES AGREEMENT 1. Special Conditions. These special conditions are incorporated below by reference. (a) Public Agency: CONTRA COSTA COUNTY 1220 MORELLO AVENUE. SUITE 100 MARTINEZ CA 94553 (b) Consultant's Name&Address: JAMES MILLER&ASSOCIATES 110 EAST THIRD STREET PITTSBURG,CA 94565 (c) Project Name,Number&Location: PHASE II REMODELING FOR JUVENILE COURT, 100 GLACIER DRIVE, MARTINEZ(WH13313) (d) Effective Date:September 20, 1996 (c) Payment Limit:$118,335.00 (f) Completion Date:Completion of Construction (g) liquidated Damages: None (h) Federal Taxpayers I.D.or Social Security No.94-2660498 (i) License N .C-10202 2. Signatures. These signatures attest the parties•'agreement hereto: PU13LIC AGENCY CO I. T By: Dale: By: Director of General Services Purchasing Agent (1 nat official ca acit in the business) Type of business s e roprietors r , govemment agency, partnership.corporation.etc. If corporation.state of incorporation: 13y: (Designate official capacity in the business) Note to Consultant:For corporations.the contract must be signed by two officers. The first signatnrc 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 olliecr or assistant treasurer.(Civ.Code,See. 1 190 and Corps.Code.Sec.313.) The acknowledgment below must be signed by a Notary Public. CERTIFICATE OF ACKNOWLEDGMENT Stale of California ) (� ) ss. County oN_—L.2 On the date written below,before mc.the undersigned Notary_ Public,personally appeared the person(s)signing above for Consultant,personally known to 111e( )to be the person(s4'vhose mm11o(y}is/mc-suhscnbed to the within instrument and acknowledged to me that he/ske4hoy-executed the same in his%her-4wi;authorized capacity(ios),and that by hisrhertlseir signaturej,4on the instrument the personl,aj;or the entity upon behalf of which the person( rcted.executed the instrument. ent. WITNESS my,hand and official sc .••,;; •., DORIS J.BEDFORD Dated: L� Q_'` COMM. 1003782 z X Notary Public—California i z " CONTRA COSTA COIJNTy [Notary's Sear - - - --- - — - -- - - ---- My Comm.Expires DEC-25-1997- — Not P 66 3. Panics. 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 perforin 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 pan 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 irtiury, 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. *Sec Appendix A for changes,deletions or additions to this Section. Page 1 of 3 File:PD250-9641/A.1.1 *R. Pa inert. 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 shalt be allowed. Notwithstanding the foregoing, those incidental expenses specifically itemized in Appendix 13 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(c)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 tern of services,the employee categories,hours and rates. Payment will be made within thirty (30)days after receipt of each statement. 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 Agcncy,Consultant shall complete all services covered by this Agreement no later than the Completion Date listed above. *1 1. Record Retention and Auditing. Except lir materials and records delivered to Public Agency, Consultant shall retain all materials and records prepared or obtained in the perfbrmance of This Agreement,including financial records,fora period ofat least five years alter Consultant's receipt of the final payment under this Agreement. iJpon 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 tiunish 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 Agcncy 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 rale 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(lie work and payment terns Ila-,been executed by Public Agency prior to tine 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 oil lime, 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 i above for each calendar day Thal completion is delayed. *16. 'Termination by Public Acv. 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 delhult. Upon such termination,Consultant shall,without delay, deliver to Public Agency all materials and records prepared or obtained in the perfornance 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. lin the event that Consultant ceases performing service under this Agreement or otherwise abandons file 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 reasonahlc 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 perforin any of the services described in this Agreement or otherwise breaches this Agreement,Public Agency slhall 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 tike 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. 'file 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 file pertirmanec of this Agreement. Public Agency reserves a license to use such materials and records without restriction or limitation,and Public Agency shall not he 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. *See Appendix A for changes,deletions or additions to this Section. Page 2 of 3 File:PD250-9641/A.1.1 *23. Indenuiification. 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, subconsullants,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 Agcocy,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. 24. klcirs,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. Consullnnl shall not in its capacity as a consultant with Contra Costa County publicly endorse or oppose the use orally 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 dualities or lack of qualities to a particular brand nanic or commercial prodttct in file 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 Counly 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 tits Consultant's presence in the advertisement can reasonably be interpreted as an endorsement of the product by or on behalf of Confra Costa County. Notwithstanding the foregoing,Consultant may express its views on products to other consultants, life Board ol'Supervisors,County officers,or others who may be authorized by the Board of Supervisors or by law to receive such views. 21A i B07A.WPD PI.P:tb Attachments Appendix A Appendix B (Form approved by County Counsel 11/91) 12/11/95 *See Appendix A for changes,deletions or additions to this Section. Page 3 of 3