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HomeMy WebLinkAboutMINUTES - 05091995 - 1.69 TO:. BOARD OF SUPERVISORS ' A E /Open CSA Contra FROM: BARTON J. GILBERT, DIRECTOR OF GENERAL SERVICES ': Costa DATE: MAY 9, 1995 � >` County '., r. SUBJECT: APPROVING CONSULTING SERVICES AGREEMENT FOR ARCHITECTURAL AND PROJECT MANAGEMENT SERVICES FOR VARIOUS BUILDING REMODELING AND CONSTRUCTION PROJECTS SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I . RECOMMENDED ACTION APPROVE a consulting services agreement with Daniel L. Rainey, 5345 Manila Avenue, Oakland, for architectural and project management services for various building remodeling and construction projects . The agreement will be effective May 9, 1995 and will have a payment -limit of $100,000 . 00; AUTHORIZE the Director of General Services to execute the agreement. II . FINANCIAL IMPACT Funds will not be encumbered by the agreement, except when services are ordered on a project by project basis by the County Supervising Architectural Engineer. Such services will be charged to the appropriate capital project fund or to department funds when services are requested by client departments . III . RECOMMENDATIONS/BACKGROUND 1 . Daniel Rainey has been providing architectural services as a consultant for the County since August 1990, when he was recruited on an urgent basis to help with construction administration for the new Forensic Science Facility. Subsequently, he was retained on a project by project basis to provide architectural, project management, and computer aided drafting services for various projects, as a contract employee. This arrangement provided a flexible means of supplementing the Architectural Division staff, which has struggled to keep up with client and contractor needs on a timely basis so that County costs do not escalate due to delays in completing facility remodeling and construction and due to contractor claims for delay ca/u�seed� by the County. CONTINUED ON ATTACHMENT: RYES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON 01 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. Cc Contact: Barton J. Gilbert ( 313-7100), ATTESTED General Services Department PHIL BATCH OR,CLERK OF THE BOARD OF Architectural Division SUPERVISORS AND COUNTY ADMINISTRATOR Accounting County Administrator Auditor-Controller M382C Kftltant (Via A.D. ) BY ,DEPUTY OPCONB04 .25A GB: ls Page 1 of 2 APPROVING CONSULTING SERVICES Alpha/Open CSA AGREEMENT FOR ARCHITECTURAL SERVICES May 9, 1995 AND PROJECT MANAGEMENT SERVICES FOR VARIOUS BUILDING REMODELING AND CONSTRUCTION PROJECTS. 2 . On May 17, 1994, the Board approved an agreement with Mr. Rainey which permitted the Architectural Division to use him as a contract employee and to issue work orders for each assignment, rather than process separate agreements for each assignment. Total payments will reach the limit specified in that agreement soon and the need for Mr. Rainey' s services is still acute. Consequently, the Department has proposed a new agreement with a new payment limit so that the Architectural Division can continue to issue work orders for each assignment. Each work order will include a payment limit and a work authorization number. This agreement will help the Architectural Division keep up with work load and provide service continuity. OPCONB04 .25A GB: ls Page 2 of 2 File: Alpha/Open CSA CONSULTING SERVICES AGRHEMB<iT 1. Special Conditions. These special conditions are incorporated below by reference. (a) Public Agency: CONTRA COSTA COUNTY (b) Consultant's Name & Address: DANIEL L. RAINEY 5345 MANILA AVENUE OAKLAND CA 94618 (c) Project Name, Number & Location: ARCHITECTURAL SERVICES FOR MISCELLANEOUS BUILDING CONSTRUCTION PIU=CTS (d) Effective Date: MAY 9, 1995 (e) Payment Limit: $100,000.00 (f) Completion Date: COMPLETION OF CONSTRUCTION (g) Liquidated Damages: $ NONE per day (h) Federal Taxpayers I.D. or Social Security No. 543-58-9211 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 ACKNOWLEDGEMENT State of California ) as. 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 signatures) 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 l(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. S. 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. 0PCONA04.25A GB:ls Attachments Appendix A Appendix B (Form approved by County Counsel 11/91) Page 3 of 3 Appendix A to Consulting Services Agreement dated May 9, 1995 between Contra Costa County and Daniel L. Rainey. 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. Scope Provide architectural and engineering advice, information, recommendations, calculations, details, drawings, construction cost estimates, specifications and field observation for various projects when ordered in writing with budget authorization numbers by the Architectural Division of the County General Services Department. OPCONA04.25B GB:ls APPENDIX A Page 1 of 1 Appendix B to Consulting Services Agreement dated May 9, 1995 between Contra Costa County and Daniel L. Rainey. PAYMENT A. Payment for services shall not exceed $42.50 per hour. Upon written approval by Public Agency hourly rate may be increased for cost of living expense. Increase shall be equal to comparable cost of living increases received by full time County staff Associate Architectural Engineers. B. The following reimbursable expenses are hereby authorized: Auto expenses incurred in connection with the services described in Appendix A, except auto expenses incurred between Consultant's private residence/office and the Architectural Division Office at 1220 Morello Avenue, Martinez, shall not be reimbursable. Authorized auto expense shall be reimbursable at the rate of $0.28 per mile, not to exceed $250.00. C. Payments for professional services plus the authorized reimbursable expenses listed above shall not exceed the Payment Limit specified in the Agreement. D. No other expenses shall be reimbursable unless they are ordered or approved by the Public Agency in writing before the expenses are incurred. E. Public Agency shall pay Consultant for semi-monthly pay periods of the 1st through 15th and 16th through the last day of the month. Payment will be made on the 10th of the month and the 25th of the month following the pay period if a demand billing is received by the General Services Department on the last County working day of the period. *END OF APPENDIX B* OPCONA04.25C GB:ls APPENDIX B Page 1 of 1