HomeMy WebLinkAboutMINUTES - 09091997 - C98 _ c 91
TO: BOARD OF SUPERVISORS 345-9709/A.1.1
FROM: BARTON J. GILBERT, DIRECTOR OF GENERAL SERVICES
DATE: August 12, 1997 Contra
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SUBJECT: APPROVING CONSULTING SERVICES AGREEMENT FOR - ' Costa
ARCHITECTURAL SERVICES FOR PITTSBURG HEALTH CENTER County
MASTER PLAN, FOR HEALTH SERVICES DEPARTMENT (WPA031) °�sT y�4o
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SPECIFIC REQUESTS OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
1. RECOMMENDATION
A. APPROVE a consulting services agreement with Fong & Chan Architects, 1361 Bush Street, San
Francisco, for architectural services for Pittsburg Health Center Master Plan, for Health Services
Department. The agreement will be effective July 15, 1997 and will provide for architectural predesign
services for a new health center clinic, with a payment limit of$45,045.00, 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 has been budgeted.
III. REASONS FOR RECOMMENDATIONS/BACKGROUND
A. On March 28, 1997, the Health Services Department asked the General Services Department to provide
a comprehensive evaluation of the 550 School Street facility and to develop a master plan for future space
needs applicable to the existing facility or to a hypothetical facility at an undetermined,Pittsburg location.
CONTINUED ON ATTACHMENT: X YES SIGNATURE: J���^�K�(
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON 91f 7 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
J 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 Q ,9
General Services Department ATTESTED A � 7 97'
Architectural Division PHIL BlkTCHELOR,CLERK OF fFA BOARD OF
File:345-9709/A.5
Auditor-Controller
SUPERVISORS AND COUNTY ADMINISTRATOR
Health Services Department(Via A/D)
Consultant(Via A/D)
BY DEPUTY
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APPROVING CONSULTING SERVICES AGREEMENT FOR 345-9709/A.1.1
ARCHITECTURAL SERVICES FOR MASTER PLAN FOR August 12, 1997
PITTSBURG HEALTH CENTER,PITTSBURG,FOR
HEALTH SERVICES DEPARTMENT
B. This agreement involves architectural services related to master planning and programming for a
health care clinic, either at the existing clinic site or at an undetermined new location in the Pittsburg
area. The master plan and program will address five and ten year projected operation needs and will
include construction cost estimates.
C. Fong&Chan Architects was selected to provide architectural services for a deferred clinic project
at 550 School Street, Pittsburg by the Architectural Selection Committee, at interviews held on
February 16, 1996. This master planning and programming project is an expansion of the outpatient
clinic project. Fong & Chan Architects will provide continuity and coordination between the
deferred project and this master planning project.
D. Fong & Chan Architects 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.
E. 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, future
construction projects at this facility will occur on a piecemeal basis without the benefit of proper
programming and long range planning.
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Office of the County Administrator
Contra Costa County -
Affirmative Action Office
651 Pine Street, Martinez, CA 94553
(510) 335-1006 fax: (510) 646-1353
Memorandum
Date: August 1, 1997
To: Board of Supervisors
From: Emma Kuevor `�
Contract Comp iance Officer
Subject : Master Plan for Pittsburg
Health Center Clinic
Contra Costa County Health
Services Department
(WPA031)
The bid was reviewed for the Master Plan for Pittsburg Health
Center Clinic Contra Costa County Health Services Department
project . The sub consultant exceeded the 5o MBE goal and loo WBE
goal . Fong & Chan Architects attained 15% MBE participation and
15% WBE participation.
My recommendation is to award to Fong & Chan Architects .
a:bdmastpitts
CONTRA COSTA COUNTY
BID REVIEW
SUMMARY SHEET -
Date: August 1, 1997
Project
Name: Master Plan for Pittsburg
Health Center for Health
Services Department, Pittsburg
Project
Number: WPA031
Prime
Bidder
Name: Fong & Chan Architects
1361 Bush Street
San Francisco, CA 94109
Chiu Lin Tse-Chan
(415) 931-8600
Bid Due
Date :
Bid Amount: $45, 045
Planned County Project Goal : MBE: 5%
WBE 100
Amount Percentage
Bidder' s Participation: MBE $6, 800 150
WBE $6, 800 150
MBE/WBE Participation:
Type of
Company MBEfWBE Business Amount Percentage
Fong & Chan Chinese Architect $6, 800 15%
Architects WBE
Approved by:
Emma Kkievor
Contract Compliance Officer
a:fongchan
File:PD345-9709/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: FONG&CHAN ARCHITECTS
1361 BUSH STREET
SAN FRANCISCO,CA 94109
(c) Project Name,Number&Location: MASTER PLAN FOR PITTSBURG HEALTH CENTER, PITTSBURG FOR HEALTH
SERVICES DEPARTMENT(WPA031)
(d) Effective Date:JULY 15,1997 (e) Payment Limit:$45,045.00 (f) Completion Date:JANUARY 1,1998
(g) Liquidated Damages:$NONE per day
(h) Federal Taxpayers I.D.or Social Security No.94-2901606 (i) License No.C-12739
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 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.
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File:PD345-9709/A.1.1
8. Pam. 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 perfonning 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.
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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 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.
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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. The Consultant shall certify by entering into this Agreement that he is professionally
competent and able to provide the professional services outlined herein by reason of his
personal knowledge and skill and that of his subconsultants. Each person who will render
professional services shall hold current registration in the State of California to practice the
profession involved.
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 architectural predesign services for a new Health Center Clinic to be located at an unknown
location in Pittsburg, California as described in the attached Fong & Chan letter of June 19, 1997 to
Contra Costa County Architectural Division, as annotated by County. Also, include a projected
program to meet five and ten years projected operation needs and a construction cost estimate
without an escalation contingency. Attendance at meetings shall be as noted in the attachment to the
Fong & Chan letter.
Provide one bound copy of a program report and one unbound master suitable for black and white
copying. Report shall be 8'/2x11 in. format, but fold-out pages where desirable for plans or
illustrations will be acceptable.
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*
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APPENDIX A
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PAYMENT
A. Payment for services shall not exceed the following rates:
Principal in Charge . . . . . . . . . . . . . . . . . . . . . . . $ 155.00 per hour
Draftsperson. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 65.00 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 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.
b) Other reasonable travel and subsistence expenses: Actual out-of-pocket costs,
documented with receipts.
Appendix B to Consulting Services Agreement dated July 15. 1997 between Contra Costa County and
Fong & Chan Architects.
APPENDIX B
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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. 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,
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*
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APPENDIX B
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