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HomeMy WebLinkAboutMINUTES - 12021997 - C119 P9 TO: r BOARD OF SUPERVISORS 000-9708/A.1.1 FROM: BARTON J. GILBERT, DIRECTOR OF GENERAL SERVICES E SE L DATE: December 2, 1997 Contra SUBJECT: APPROVING CONSULTING SERVICES AGREEMENT FOR Costa LANDSCAPE ARCHITECTURAL SERVICES FOR PLAYGROUND Co`u rlty EQUIPMENT REPLACEMENT AT COUNTYWIDE HEAD START ti CENTERS FOR COMMUNITY SERVICES DEPARTMENT(WPA040) �OSTd'couK`�'�c3' SPECIFIC REQUESTS OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION 1. RECOMMENDATION A. APPROVE a consulting services agreement with Amphion, 1330 Broadway, Suite 300, Oakland, for landscape architectural services for Playground Equipment Replacement at Countywide Head Start Centers for Community Services Department. The agreement will be effective October 30, 1997, with a payment limit of$39,300.00, 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 Funding for this project is a Federal Program Improvement Grant. III. REASONS FOR RECOMMENDATIONSBACKGROUND A. The Community Services Department has obtained a grant to replace play equipment at thirteen head start. sites in the County. The project will remove obsolete equipment and replace it with new equipment and related site work to comply with the current American with Disabilities Act and current safety standards. 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 ) 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 General Services Department ATTESTED A Z 997 Architectural Division File:000-9708/A.5 PHIL BATCHELOR,CLERK OFT E BOARD OF Auditor-Controller SUPERVISORS AND COUNTY ADMINISTRATOR Community Services Department(Via AID) Consultant(Via A/D) BY ,o,w� A. ,DEPUTY H:\1997\0009708\7A00806B.WPD GB:tb Page 1 of 2 !J M382 (10/88) APPROVING CONSULTING SERVICES AGREEMENT FOR 000-9708/A.1.1 LANDSCAPE ARCHITECTURAL SERVICES FOR December 2, 1997 PLAYGROUND EQUIPMENT REPLACEMENT AT COUNTYWIDE HEAD START CENTERS FOR COMMUNITY SERVICES DEPARTMENT B. Amphion was selected to provide landscape architectural services for this project based on interviews by the Architectural Selection Committee held on February 8, 1996 and a recent interview by the Community Services Department. C. Negotiations have been completed and an appropriate agreement is ready to sign. The County must proceed with this agreement for architectural services because it does not have sufficient staff to provide the services. IV. CONSEQUENCES OF NEGATIVE ACTION If the services under this consulting services agreement are not pursued in a timely manner, the County will not be able to meet the requirements of the grant. HAI 997\0009708\7AO0806B.WPD GB:tb Page 2 of 2 File:PD000-9708/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: AMPHION 1330 BROADWAY,SUITE 300 OAKLAND,CA 94612 (c) Project Name,Number&Location: PLAYGROUND EQUIPMENT REPLACEMENT AT COUNTYWIDE HEAD START CENTERS FOR COMMUNITY SERVICES DEPARTMENT(WPA040) (d) Effective Date: October 30,1997 (e) Payment Limit: $39,300.00 (f) Completion Date:Completion of Construction (g) Liquidated Damages: None (h) Federal Taxpayers I.D.or Social Security No.94-2972872 (i) License No.2560 2. Signatures. These signatures attest the parties'agreement hereto: PUBLIC AGENCY CONSULTANT By: Date: By: Director of General Services/Purchasing Agent (Designate official capacity in the business) Type of business (sole proprietorship, government agency, partnership,corporation,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 ACKNOWLEDGMENT State of California ) ss. County of ) 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 seal. Dated: [Notary's Seal] 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 servides 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. Page 1 of 3 File: PD000-9708/A.1.1 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. 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. Assi_nment. 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. Page 2 of 3 File:PD000-9708/A.1.1 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. 24. Heirs. Successors and Assiens. 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. H:\1997\0009708\7A00802A.WPD PLP:tb Attachments Appendix A Appendix B (Form approved by County Counsel 11/91) 12/11/95 Page 3 of 3 SCOPE OF SERVICES A. General Requirements 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. Subconsultants.retained by the Consultant shall be approved by the Public Agency. 3. The Consultant shall attend meetings and conferences as specified below and provide written minutes thereof. 4. Cost considerations shall not to be considered justification for breach of sound principles of architectural and engineering design. If the cost of the work is increased by changes involving quality or quantity, the Consultant shall give written notice within seven days to the Public Agency. 5. The Consultant agrees that approval by Public Agency of reports, plans and specifications shall not relieve the Consultant of the responsibility for the adequacy, fitness and correctness of design and for designing work in accordance with sound and accepted architectural and engineering principles. 6. Work shown or specified in reports, drawings and specifications shall meet requirements of the Ordinance Code of Contra Costa County, applicable State and Federal Codes and Regulations, the local fire district and utility companies or districts having jurisdiction. 7. The Public Agency shall own the completed original tracings. These tracings ,shall be delivered to the Public Agency on completion of the project, as specified in the Agreement. B. Scone Provide landscape architectural services for site improvements and playground equipment replacement at thirteen Head Start Centers at various locations throughout Contra Costa County. Services shall include Construction Documents (drawings and specifications) suitable for competitive bidding. Non-technical sections of the specifications will be prepared by the Public Agency. The project scope shall include those items described in the attached letter from Consultant to Public Agency dated October 23, 1997 as annotated by County. C. Time It is understood and agreed that time is of the essence in this Agreement and the services shall start immediately on execution of the Agreement. The Consultant shall carry the services forward expeditiously and with adequate forces and shall complete the services within the time specified in the Agreement. *END OF APPENDIX A* HAI 997\0009708\7A008030.WPD PLP:tb Appendix A to Consulting Services Agreement dated October 30, 1997 between Contra Costa County and A=hion. APPENDIX A Page 1 of 1 PAYMENT A. Payment for services shall not exceed the following rates: Principal in Charge . . . . . . . . . . ... . . . . . . . . . . . $ 110.00 per hour Project Manager . . . . . . . . . . . . . . . . . . . . . . . . . . $ 87.00 per hour All others . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . 2.5 time D.P.E. In no case shall the 2.5 times D.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 following subparagraphs 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 below. 1. Expense of long distance 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, postage, and delivery costs 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. b) Other reasonable travel and subsistence expenses: Actual out-of-pocket costs, documented with receipts. Appendix B to Consulting Services Agreement dated October 30. 1997 between Contra Costa County and Amphion. APPENDIX B Page I of 2 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 under 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. Expenses for the following shall be reimbursable and shall not exceed the limit(s) indicated. Such limits are included within the Payment Limit specified in Section 1(e) of the Agreement, i.e., reimbursement shall not be in addition to the Payment Limit specified in the Agreement. Description Reimbursement Limit Items listed above in subparagraphs D.3 and DA $3,500.00 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, if any, on the basis of the rates set forth in Paragraph A above. The monthly statements shall include a breakdown of expenses and hours by classification and rate. *END OF APPENDIX B* H:\l 997\0009708\7A008040.W PD PLP:tb APPENDIX B Page 2 of 2