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HomeMy WebLinkAboutMINUTES - 05201997 - C53 'ra BOARD OF SUPERVISORS Alpha/Open CSA FROM: BARTON J. GILBERT,DIRECTOR OF GENERAL SERVICES DATE: MAY 20, 1997 Contra SUBJECT: APPROVING CONSULTING SERVICES AGREEMENT FOR Costa ARCHITECTURAL AND PROJECT MANAGEMENT SERVICES FOR - o� VARIOUS BUILDING REMODELING AND CONSTRUCTION PROJECTS `` County srq-coon`'{ SPECIFIC REQUESTS OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. RECOMMENDATION 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, effective June 1, 1997,with 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. RECOMMENDATIONSBACKGROUND 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. The Architectural Division must keep up with client and contractor needs on a timely basis to reduce delays in designing, remodeling and building County facilities and to avoid contractor claims for delay damages. This contract employee arrangement has provided a flexible means of supplementing the Architectural Division staff. 2. The Architectural Division,under this Agreement,will be able to issue work orders to the Consultant for each assignment. Each order will include a payment limit and a work authorization charge number. This Agreement will help the Architectural Division perform its professional services with continuity and with improved efficiency. CONTINUED ON ATTACHMENT: YES SIGNATURE: &k4)WJ&_ RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): / ACTION OF BOARD ON 7 APPROVED AS RECOMMENDED ✓ OTHER VOTE OF SUPERVISORS V/ UNANIMOUS(ABSENT t 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: General Services Department ATTESTED 9 Architectural Division PHIL BA HELOR, LERK OF THE BOARD OF Accounting SUPERVISORS AND COUNTY ADMINISTRATOR County Administrator's Office County Counsel Consultant(Via A.D.) BY DEPUTY GB:Is H:\_ALPHA\RAIN9706\0507701B.WPD Page 1 of 1 M382 (10/88) r • RECEIVED GENERAL SERVICES DEPARTMEN MAY 2 7 1997 Architectural Division 1220 Morello Avenue, Suite 100 Martinez, California 94553-4711 CLERK BOARD OF SUPERVISORS (510) 313-7200 FAX: (510) 313-7299 1 CONTRA COSTA CO. LETTER OF TRANSMITTAL Date: May 22, 1997 File: Alpha/Open CSA TO: DANIEL L. RAINEY 5345 MANILA AVENUE OAKLAND CA 94618 C, FROM: LINDA STEELE, LEAD SPECIALIS SUBJECT: ARCHITECTURAL SERVICED FOR MISCELLANEOUS BUILDING CONSTRUCTION PROJECTS 0 We are sending you attached via HAND DELIVERY the following item: Item Copies Dated Description 1 1 6/1/97 Fully executed Consulting Services Agreement COMMENTS: For your files. H:\_ALPHA\RAIN9706\0522701 S.WPD Is cc w/encl.: Clerk of the Board(Board Date: May 20, 1997/Item No.: C-53) County Administrator's Office D. Bell P. Young Auditor-Controller General Services Department Accounting File:Alpha/Open CSA CONSULTING SERVICES AGREEMENT I. 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: DANIEL L.RAINEY 5345 MANILA AVENUE OAKLAND CA 94618 (c) Project Name,Number&Location: ARCHITECTURAL SERVICES FOR MISCELLANEOUS BUILDING CONSTRUCTION PROJECTS (d) Effective Date:JUNE 1,1997 (e) Payment Limit:$100,000.00 (f) Completion Date:COMPLETION OF ASSIGNED PROJECTS (g) Liquidated Damages: NONE (h) Federal Taxpayers I.D.or Social Security No.543-58-9211 (i) License No.C11962 2. Sienatures. These signatures attest the parties'agreement hereto: PUBLW,AGENC G CONSUL` NT By: DatZ-21A By: , ` ! Director of en, ervices/Purchasing Agent (De" ate official capacity in the busine s) Type of business Osole proprictorshil, overnment agency, partnership,corporation,e . 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,See.313.) The acknowledgment below must be signed by a Notary Public. CERTIFICATE OF ACICCi IOWLEDGMENT State of California ) ss. County of o Ate-, �.��} ) On the date written below,before me,the undersigned Notary Public, personally appeared the perso 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(Qsare subs9ribu4 to the within instrument and acknowledged to me that J_ia§he/they executed the same ir(�ier/their authorized capacity(ies), and that hi er/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:_ '�Z`�� [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. Scone 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. *See Appendix A for modifications to this section. ease+esse+ss++o*+sss+essss+e+++� MICHAEL S. GRIFFIN Z S COMM. #1005792 S P NOTARY PUBLIC-CALIFORNIA P l CONTRA COSTA COUNTY + My Comm.Exp.Sep.30, 1997 0 esesessessssso+osae+++esesseeess Page ] of 3 File: Alpha/Open CSA 8. EUment. 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. 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. Page 2 of 3 • • File:Alpha/Open CSA 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:\ ALPHA\RAIN9706\0508704A.WPD DR: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 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. B. Scope Assist the Architectural Division in drawing and specification preparation, observation of construction, project management, and administration of construction contracts and other consultant agreements for various projects when ordered in writing with budget authorization numbers by the Architectural Division of the County General Services Department. C. Insurance Section 7, Insurance, item (b) is changed to delete the requirement to obtain and maintain Comprehensive Liability Insurance for all projects except those with an authorization for services limit exceeding $25,000. The requirement for automobile insurance in the amount of$500,000 remains unchanged. H:\—ALPHA\RA1N9706\05087050.WPD DR:tb A1212endix A to Consulting Services Agreement dated June 1. 1997 between Contra Costa County and Daniel L. Rainey APPENDIX A Page 1 of 1 PAYMENT A. Payment for services shall not exceed$44.77 per hour. B. Travel between Consultant's private residence/office and the Architectural Division Office at 1220 Morello Avenue, Suite 100, Martinez, California, shall not be reimbursable. All other travel performed in connection with the service described in Appendix A shall be reimbursable at the rate of$.29 per mile. The Payment Limit set forth in Agreement Section I(e), includes an allowance of$250.00 for such travel. C. Other expenses shall not be reimbursable unless they are ordered or approved by the Public Agency in writingbefore the expenses are incurred. D. Consultant will be paid once per month through the County payroll system for services rendered based on semi-monthly submittal of a demand form. If earnings are at least $100.00 during the first 15 days of each month, an advance check will be issued on the 25th, for 50%of the value of all money earned during the first 15 days of the month and will have no deductions for taxes or FICA. If earnings are less than$100.00 during the first 15 days of the month,no advance will be issued. On the 10th of the month, Consultant will be paid for all hours worked in the preceding month and will have the previously issued advance amount deducted, along with other appropriate deductions. E. Withholding and FICA Deductions. Notwithstanding Section 9 in the Agreement, for purposes of withholding state and federal taxes and Social Security only from payments due, the Contractor will be treated as an employee and the Auditor-Controller will make deductions for these purposes as if Contractor was an employee. Contractor agrees that for all other purposes, Contractor is not a County employee and remains an independent contractor. Contractor further agrees that the County has no obligation to provide, and Contractor will not be provided with workers' compensation insurance or fringe benefits, including but not limited to, vacation, sick leave, retirement, and health plan coverage. H:\ ALPHA\RAIN9706\05087060.WPD DR:tb Appendix B to Consulting Services A-Teement dated June 1 1997 between Contra Costa Countv and Daniel L. Rainey APPENDIX B Page 1 of 1 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 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 thev are working for me? ( ) (xf d. Do I or other departments have employees with similar duties as the independent contractor? ( ( ) e. Does the County supply assistants to the contracto=? ()(} ( } 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? Dq ( } A "yes" answer to any of the questions "a" through "g" will constitute justification for paying the contractor through the payroll system. CONTRACTOR CERTIFICATION: -EB BY: I certify that the answers to the - above questions accurately reflect the anticipated working relationship. REVIEWED AND APPROVED BY: (WCTIOM SI NATURE QUESTION.FRM 8-9-93 Is