HomeMy WebLinkAboutMINUTES - 05061997 - C98 TO: BOARD OF SUPERVISORS 250-9759/A.1.1
FROM: BARTON J. GILBERT, DIRECTOR OF GENERAL SERVICES
1'+E_yE G O
DATE: May 6, 1997 "-' _� Contra
SUBJECT: APPROVING CONSULTING SERVICES AGREEMENT FOR Costa
ARCHITECTURAL SERVICES FOR REMODELING FIRST FLOOR,
1960 MUIR ROAD,MARTINEZ,FOR SHERIFF DISPATCH (WPE027) County
v
SPECIFIC REQUESTS OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. RECOMMENDATION
A. APPROVE a consulting services agreement with Marcy Li Wong,Architect,2251 Fifth Street,Berkeley,
for architectural services for Remodeling First Floor, 1960 Muir Road, Martinez, for Sheriff Dispatch.
The agreement will be effective April 9, 1997 and will provide for construction documents and
construction observation services, with a payment limit of $37,885.00, 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.
11. FINANCIAL IMPACT
Funding for this project has been budgeted.
III. REASONS FOR RECOMMENDATIONS/BACKGROUND
A. On April 8, 1997 the Board accepted a report from the County Administrator and Sheriff-Coroner
regarding various matters pertaining to the Emergency Communications Center and directed the Director
of General Services to proceed with preparation of plans and specifications for the facility remodeling.
CONTINUED ON ATTACHMENT: X YES SIGNATURE: ,� �� Cl�
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON MAY 6 1997 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 DATES N.
CC: County Administrator's Office MAY D io r
General Services Department ATTESTED
Architectural Division PHIL BATCHELOR,CLERK OF THE BOARD OF
File:250-9759/A.5
Auditor-Controller SUPERVISORS AND COUNTY ADMINISTRATOR
Sheriff-Coroner(Via A/D) `
Consultant(Via A/D) :
BY � ,DEPUTY
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APPROVING CONSULTING SERVICES AGREEMENT FOR 250-9759/A.1.1
ARCHITECTURAL SERVICES FOR REMODELING FIRST May 6, 1997
FLOOR, 1960 MUIR ROAD,MARTINEZ,FOR SHERIFF
DISPATCH
B. This agreement involves architectural services related to remodeling on the first floor at 1960 Muir
Road, Martinez to provide for a temporary sheriff dispatch facility. The temporary facility will
allow the dispatchers to continue operations while the existing dispatch facility at 40 Glacier Drive
is remodeled and expanded to accommodate new, expanded dispatch equipment and operations.
C. Marcy Li Wong, Architect was selected to provide architectural services for this project by the
Architectural Selection Committee at interviews held on November 20, 1996.
D. Marcy Li Wong,Architect 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, grant funds
for new dispatch equipment might be jeopardized.
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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: MARCY LI WONG,ARCHITECT
2251 FIFTH STREET
BERKELEY CA 94710
(c) Project Name,Number&Location: REMODELING, FIRST FLOOR, 1960 MUIR RD., MARTINEZ FOR SHERIFF
DISPATCH (WPA027)
(d) Effective Date:APRIL 9,1997 (e) Payment Limit:$37,885.00 (f)Completion Date: COMPLETION OF CONSTRUCTION
(g) Liquidated Damages:$NONE per day
(h) Federal Taxpayers I.D.or Social Security No.94-3084659 (I) License No.C15547
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. EmRlo_yment. 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.
*See Appendix A for additions,changes or deletions to this section.
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*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 I 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 Col2ydyhts. 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.
*See Appendix A for additions,changes or deletions to this section.
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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
*See Appendix A for additions,changes or deletions to this section.
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SCOPE OF SERVICES
TABLE OF CONTENTS
Page
ARTICLE I General Intent 2
ARTICLE II Description of the Project 2
ARTICLE III Basic Services of Consultant 2
A. General 2
B. Predesign Phase (This section not used.) 3
C. Schematic Design Phase (This section not used) 3
D. Design Development Phase (This section not used) 3
E. Construction Documents Phase 3
F. Bidding and Construction Phase 5
G. Copies of Documents 6
H. Time Periods 6
ARTICLE IV Extra Work By The Consultant 7
ARTICLE V Consultant's Fee 8
ARTICLE VI Payments Under This Agreement 8
ARTICLE VII Duties of Consultant 8
A. Responsibility for Construction Cost 8
B. Subconsultants 9
C. Indemnification 10
D. Insurance 10
E. Approvals 10
ARTICLE VIII Duties of Public Agency 10
ARTICLE IX Non Discrimination and MBE/WBE Requirements 11
ARTICLE X Records 11
ARTICLE XI Notices 11
APPENDIX A to Consulting Services Agreement dated April 9, 1997 between Public Agency and
Marcy Li Wong, Architect for Architectural Services.
APPENDIX A
Page 1 of 11
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SCOPE OF SERVICES
ARTICLE 1. General Intent of Agreement
The Public Agency intends to remodel part of a building, or to perform other related work as
hereinafter more fully described. Professional architectural and/or engineering skills and services
not available within the organization of the Public Agency are essential for the proper and
satisfactory execution of this project. For that reason the professional Consultant is hereby retained
by the Public Agency. This Agreement forms the basis of the relationship between the Public
Agency and the Consultant.
ARTICLE II. Description of the Project
A. The Project contemplated under this Agreement is Remodeling, First Floor, 1960 Muir Road,
Martinez for Sheriff Dispatch.
B. A preliminary description of the project is as follows:
This project involves improvements for approximately 1,300 square feet of unfinished "shell"
space for temporary use by sheriff dispatchers. The project is described in more detail on the
attached floor plan titled "Shell Space, 1960 Muir Road: New Dispatch Console Layout" dated
January 23, 1997, and annotated March 6, 1997 and April 9, 1997, one page, 8'/2x11 inches.
C. The Project will be further defined as the Consultant proceeds with services, in written
communications from the Public Agency to the Consultant and in the Consultant's design and
construction documents approved by the Public Agency.
D. The Fixed Limit of Initial Construction Contract Cost is hereby declared to be $136,000.00.
1. The Initial Construction Contract Cost shall be the total cost or estimated cost to the
County of elements of the Project, including the building, fixed furnishings and
equipment, utility extensions, adjacent street improvements and all other on and off site
improvements, designed or specified by the Consultant.
2. Initial Construction Contract does not include the compensation of the Consultant and the
Consultant's consultants, the cost of the land, rights-of-way, loose or unattached furniture
and equipment, utility connection fees paid by the Public Agency or other costs which are
the responsibility of the Public Agency as provided in Article VIII, nor does it include the
cost of change orders.
E. Documentation required by the California Environmental Quality Act is being prepared by the
Public Agency. If compliance with the Act imposes mitigation measures which increase the
scope of work and construction cost, the Public Agency will adjust the project scope of work
to accommodate the mitigation measures within the Fixed Limit, or will increase the Fixed
Limit.
ARTICLE III. Basic Services of Consultant
The Consultant shall render the services and furnish the items described as follows:
A. GENERAL
1. A partner or directing officer shall be in charge of the project for the Consultant, shall
hold current registration as an architect in the State of California and,by entering into this
APPENDIX A
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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.
2. (This Subparagraph adds to Section 19 in the Agreement.)
The Consultant and its subconsultants shall be fully knowledgeable of and shall perform
services in compliance with laws and regulations which are published or available in
written form and which are applicable when this Agreement is executed. Work shown in
reports, drawings and specifications shall meet requirements of the Ordinance Code of
Contra Costa County; the California Building Standards Code, Title 24, California Code
of Regulations; the Americans With Disabilities Act; other applicable State and Federal
Codes and Regulations; the State Fire Marshal, the local fire district and utility
companies or districts having jurisdiction.
3. At all reasonable times throughout the various stages of the project the Consultant agrees
to attend meetings and conferences as the Public Agency deems necessary for the
performance of Consultant's services under this Agreement.
4. Consultant shall perform such duties as may be necessary and which are usually
performed as basic services by an Architect or Engineer and which are necessary for the
successful completion of the project, even though not specifically called for herein.
5. The Project shall be designed (1) to provide remodeling with the lowest reasonable
construction costs and (2) to minimize the maintenance and operational costs of the
facility, each consistent with the Public Agency requirements set forth in the project
description above, and in written communications from the Public Agency.
B. PREDESIGN PHASE
(This section not used.)
C. SCHEMATIC DESIGN PHASE
(This section not used.)
D. DESIGN DEVELOPMENT PHASE
(This section not used.)
E. CONSTRUCTION DOCUMENTS PHASE
1. Construction Documents shall be prepared by the Consultant and shall be based on the
project description above, and adjustments or changes authorized by the Public Agency.
The Construction Documents shall include working drawings and specifications suitable
for open, competitive bidding and for construction, with scope and details of the
architectural, mechanical, electrical, and structural work to be performed by the
Construction Contractor.
2. All construction contract documents shall be prepared by the Consultant except General
Conditions, Bid Forms, Instructions to Bidders and other standard County items which
will be provided by the Public Agency to the Consultant for approval and modification as
necessary to insure consistency with the terms of this Agreement and for inclusion with
the Specification Book.
APPENDIX A
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3. The Consultant may include provisions to receive alternate bids in the bid documents.
The alternates shall be additive to the base bid and shall be approved by the Public
Agency.
4. The Consultant shall, as necessary, furnish or cause to be furnished to the Public Agency,
adequate description of heating, ventilating, or other machinery or motors, etc. to be
installed denoting among other things the configuration, location of fastenings, as well as
access and requirements for inspecting and servicing.
5. Consultant shall provide a statement of Probable Initial Construction Contract Cost based
on current area, volume or other unit costs and the Consultant's judgment.
6. Consultant shall attend meetings with the County Building Inspection Department in
Martinez and shall revise documents as required to obtain approval of the Construction
Documents from that Department and the Fire Protection District having jurisdiction
before the bidding process begins. Such revisions shall be those which could have been
anticipated through knowledge of applicable codes and regulations, and those which are
not contrary to earlier review comments or directions by the Building Inspection
Department or fire district.
7. The Bidding process shall not begin until after the Governing Board of the Public Agency
has approved the Construction Documents and has authorized solicitation of bids.
8. Working drawings shall be prepared on 3 mil polyester drafting film with ink or lead
formulated for smudge free drawing and long wear on polyester drafting film. If
reprographics are used, techniques shall be photographic, not diazo. Each door shown
shall have a separate,unique number; each room shall have a name and a separate, unique
number, and shall be listed separately on the room finish schedule. For remodeling
projects, door and room numbers shall be coordinated with existing door and room
numbers maintained by the Building Maintenance Division of Public Agency. .Door
hardware functions and keying shall be scheduled or specified. Drawing size shall not
exceed 24 x 36 in. unless otherwise approved by the County. Details shall be shown on
the working drawings and shall not be on 8% x 11 in. drawings bound separate from the
working drawings. Architectural floor plans shall be prepared with AutoCad Computer
Aided Drafting (CAD). Architect shall submit diskettes to Public Agency on completion
of Project.
9. Consultant shall submit building systems calculations, if any, such as civil, structural,
mechanical and electrical engineering calculations to the Public Agency, which will
retain such calculations for record purposes, but shall not be responsible for checking or
for adequacy, fitness or correctness of calculations.
10. The Consultant shall include in the specifications a requirement for construction
Contractor to maintain a set of current detailed field record drawings and other
documents, in form satisfactory to the Public Agency indicating significant deviations
from the construction contract documents, shop drawings or installation drawings, and
exact locations of work, including underground utilities. Where deviations are
accomplished by change order or field order, the field record drawings shall be annotated
to indicate the change orders or field orders by date and number.
11. Consultant shall provide room finish and color schedules, and specifications for items
listed under Article III, Paragraph D, Sub-Paragraph 11 above. It is understood that
colors for manufactured finishes and assemblies will be for guidance during construction
and will need to be verified when the construction contractor submits materials for
approval.
APPENDIX A
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F. BIDDING AND CONSTRUCTION PHASE
1. Bidding Procedure shall be administered by the Public Agency with assistance from the
Consultant. Public Agency will handle arrangements and distribution of the bid and
construction documents to prospective bidders, building exchanges and contractor
associations. The Consultant shall do the following:
a. Prepare and furnish draft addenda to the contract documents, for typing and
distribution by Public Agency.
b. Answer questions and provide clarification concerning the contract documents.
c. Assist the Public Agency in reviewing the submitted bids and advise the Public
Agency concerning acceptance or refection of bids.
2. Construction administration will be provided by the Public Agency with the Consultant
assisting in the general administration of the construction contract. The Consultant's
duties shall include,but not be limited to, the following:
a. Advise as to the true intent of the contract documents and notify the contractors of
such intent in writing with Supplemental Instructions, Field Reports, sketches,
reports, or other memoranda in such form as approved by the County Architectural
Division. However, the Consultant shall not commit the Public Agency to extra
expense or otherwise modify the construction contract without first obtaining written
approval from the Public Agency.
b. Approve contractor's payment requests.
c. Review submittals and shop drawings. Such checking shall be performed by or
supervised by individuals responsible for making periodic observations of the work.
d. Prepare contract change orders as required to correct deficiencies in the construction
documents prepared by the Consultant or as required to correct erroneous
information issued by the Consultant.
e. Make four site visits for periodic observations of the work and conduct job meetings
with his/her consultants, the contractor and Public Agency representatives in
attendance as maybe required. Said,observations and job meetings shall occur when
necessary to satisfy requirements of the building code enforcement agency, to
determine in general if the Work is being performed in a manner indicating that the
Work when completed will be in accordance with the Contract Documents, and as
necessary to avoid causing delay in the project. The Consultant shall report observed
material deviations from the construction contract documents. Consultant shall
render decisions and interpretations pertaining to design or to the construction
documents promptly and as necessary for the progress of the construction work. The
Consultant shall prepare minutes of the job meetings and deliver them promptly to
the Public Agency. The Consultant shall not delegate this task to the construction
contractor.
f. Prepare drawings and provide technical direction as needed to clarify intent of
construction documents prepared by Consultant.
g. Review and furnish to the Public Agency, submittals prepared by the Contractor,
such as drawings, catalogs or descriptions of heating, ventilating, or other machinery
or motors to be installed, with sufficient and adequate detail to allow the Public
Agency to know in advance the facts concerning the installation thereof, e.g., the
APPENDIX A
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size and configuration, the location, the method of fastening or securing, the
methods for servicing and inspection, etc.
h. Endeavor to secure compliance by the contractor with the contract documents,
making reasonable effort to see that the contractor avoids errors and omissions. The
Consultant, however, shall not be responsible for the performance of contractors nor
for construction means,methods or sequences.
I. Receive and review for general compliance with the Construction Documents all
Contractor guarantees, operating instructions, equipment lists, equipment manuals,
etc. and deliver them to Public Agency on completion of the work.
j. Review field record drawings prepared by the Contractor, or Contractors, and report
to the Public Agency any observed errors or omissions in the Field Record Drawings
as maintained by the Contractor. However, the Consultant is not responsible for the
accuracy or completeness of record drawings prepared by the Contractor or
Contractors. On completion of the construction work, the Consultant shall obtain
from the Contractor or Contractors, all field record drawings, shall review the field
drawings for consistency with Field Reports, Supplemental Instructions,
Clarifications, Change Orders, and other written documentation of changes and for
legibility of the field record information shown on the drawings, shall report any
observed discrepancies to Public Agency, and shall deliver the drawings to the
Public Agency.
G. COPIES OF DOCUMENTS
The following documents shall be furnished to the Public Agency:
1. One set of reproducible copies of drawings and one copy of any outline specifications of''
the Design Development Phase for review purposes.
2. One copy of Consultant's statements of probable initial construction contract cost.
3. One set of reproducible copies of construction drawings and one copy of the
Specifications for final review purposes.
4. Original tracings and master specifications, upon final approval of the above-mentioned
construction drawings and specifications, in accordance with Section 13 in the
Agreement.
5. The Public Agency reserves the right to request additional copies of plans and
specifications as may be required, and only their direct printing costs will be at additional
Public Agency expense.
H. TIME PERIODS (This Paragraph adds to Sections 1(f) and 10 in the Agreement).
Services shall begin on the effective date (from Section 1(d) in the Agreement) of this
Agreement and shall proceed immediately, subject to delays beyond the control of the
Consultant. The project must be complete and in use for its intended purpose by. October 1,
1997, or the public agency will lose the.project funds. Consequently, the Consultant shall
provide services in accordance with Attachment 2, the 8'/2x11 inch schedule titled "Contra
Costa County Temporary Sheriff Dispatch Center Renovation,"dated 9 April 1996 (sic)by the
Consultant
APPENDIX A
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ARTICLE IV. Extra Work by the Consultant
(This Article adds to Section 14 in the Agreement.)
The following services shall not be considered basic services unless so designated in Article III, and
insofar as they cause the Consultant extra expense and if authorized in writing_by the Public
Agency in advance, shall be paid for by the Public Agency as provided in Agreement Section 14.
A. Revisions or changes in plans or in instructions previously given which are requested by the
Public Agency after approval of the Design Development Phase documents. Note, however,
that changes which are due to Consultant's errors or omissions shall not be extra services.
B. Preparation of change orders. Exception: Public Agency shall not pay for preparation of
change orders issued to correct errors or omissions by the Consultant, regardless of whether
the correction is beneficial or non-beneficial to the project.
C. Design and construction documents and construction administration for repair of damage to
the structure,when so directed by the Public Agency.
D. The selection by the Consultant, at the Public Agency's request, of loose or unattached
furniture and equipment or articles which are not included in the construction documents
prepared by the Consultant under Article III. -
E. Assisting the Public Agency in arranging for the work to proceed should the Contractor default
due to delinquency or insolvency.
F. Providing prolonged contract administration and observation of construction when the initial
construction contract time is exceeded by more than 90 days due to no fault of the Consultant.
In the event that the construction contract time is extended as a result of suspension of the
construction activities due to labor strikes, court orders, natural disasters, Contractor default,
or any other cause beyond the control of the Public Agency or Consultant, the time period of
such suspension shall not be considered construction time for the purpose of determining the
period for Extra Services. The original times for completion specified in construction
contracts shall be determined by the Public Agency and approved by Consultant.
G. Providing services during suspension of construction when requested by Public Agency.
H. Providing and accommodating code and regulatory requirements of any applicable governing
agency which become newly effective after the date of this Agreement.
I. Assisting the Public Agency in obtaining the Contractor's compliance with the guarantees and
warranties for a period of one year following the filing of the Notice of Completion.
J. Providing presentation models requested in writing by the Public Agency. Notice, however,
that working or study models constructed by the Consultant for his/her own use or by his/her
own choice to communicate design and construction concepts to the Public Agency shall not
be extra services.
K. Preparing final record drawings from the Field Record Drawings specified under Article III.
Final record drawings shall be the original tracings revised to reflect the changes shown or
noted on the Field Record Drawings. Deleted, changed and added items shall be "clouded"
and identified with a "delta" revision symbol. Each revised sheet ,shall be labeled "Field
Record".
L. Preparing exhibits or attending meetings exclusively for purposes of CEQA processing.
APPENDIX A
Page 7 of 11
File: PD250-9759/A.1.1
M. Reviewing any Contractor submittal beyond the initial submittal and one resubmittal, provided
additional resubmittals are required through no fault of the Consultant.
ARTICLE V. Consultant's Fee
(This Article adds to Section 8 in the Agreement.)
A. The Public Agency agrees to pay the Consultant for full performance of the basic architectural
services described herein on an hourly basis with a Payment Limit, in accordance with
Sections 1(e) and 8 in the Agreement.
B. Errors and omissions in documents prepared by the Consultant which are discovered before
the construction contract is awarded shall be corrected by the Consultant without cost to the
Public Agency. Also, architectural and engineering services required to make changes in
construction resulting from errors and omissions in the Contract Documents which are
discovered after a contract is awarded shall be performed by the Consultant without cost to the
Public Agency.
C. The Consultant's fee specified in subheading A above, except as otherwise expressly provided
in this Agreement, shall constitute full compensation to the Consultant for the basic services
under this Agreement.
ARTICLE VI. Ownership and Use of Documents
(This Article adds to Sections 13, 16, and 17 in the Agreement.)
A. Drawings and Specifications and any and all other documents and instruments prepared by the
Consultant, shall, upon receipt and approval by the Public Agency, become and remain the
property of the Public Agency whether the Project for which they are made is executed or not.
B. In the event this Agreement is terminated for any reason whatever, before completion, all the
original drawings, tracings and specifications and other pertinent documents shall be turned
over to the Public Agency and shall become the property of the Public Agency, in accordance
with Agreement Sections 16 and 17. Liability for damages caused by subsequent unapproved
changes or use of plans, specifications, reports or documents shall be as specified in Section
5536.25(a) of the State Architectural Practice Act, i.e.:
"A licensed architect who signs plans, specifications, reports, or documents shall not be
responsible for damage caused by subsequent changes to or uses of those plans,
specifications, reports, or documents;-where the subsequent changes or uses, including
changes or uses made by state or local governmental agencies, are not authorized or
approved by the licensed architect who originally signed the plans, specifications,reports,
or documents, provided that the architectural service rendered by the architect who signed
the plans, specifications, reports, or documents was not also a proximate cause of the
damage."
ARTICLE VII. Duties of Consultant
A. RESPONSIBILITY FOR CONSTRUCTION COST
1. Cost considerations shall not justify breaching principles of sound architectural and
engineering design. If the cost of the work is increased beyond the Fixed Limit of Initial
Construction Contract Cost, or beyond the latest approved estimate by any changes
involving quality or quantity, the Consultant shall give written notice in a timely manner
to the Public Agency, whether such increase is initiated by the Public Agency or the
Consultant.
APPENDIX A
Page 8 of 11
I,
File: PD250-9759/A.1.1
2. Since a Fixed Limit of Initial Construction Contract Cost has been established as a
condition of this Agreement, the Consultant shall be permitted, subject to approval by the
Public Agency, (a) to include contingencies for design, bidding and price escalation, (b)
to determine what materials, equipment, component systems and types of construction are
to be included in the Contract Documents, (c) to make reasonable adjustments in the
scope of the Project and(d) to include in the Contract Documents alternate bids approved
by the Public Agency to adjust the Initial Construction Contract Cost to the Fixed Limit.
3. If the Bidding has not commenced within three months after the Consultant submits the
Construction Documents to the Public Agency, the Fixed Limit of Initial construction
Contract Cost shall be adjusted to reflect any change in the general level of prices in the
construction industry between the date of submission of the Construction Documents to
the Public Agency and the date on which proposals are sought. Adjustments shall be
based on the ENR 20-cities Building-Cost Index,published by McGraw-Hill, Inc.
4. If the Fixed Limit of Initial Construction Contract Cost (adjusted as provided in
Subparagraph 3 above) is exceeded by the lowest bona fide bid, the Public Agency at its
option shall do one of the following: (a) award the Construction Contract if additional
funds are available, (b) authorize rebidding or renegotiating of the Project within a
reasonable time, (c) if the Project is abandoned, cancel in accordance with the
Agreement, Section 16, or (d), require the Consultant to modify the Drawings and
Specifications as necessary to comply with the Fixed Limit. if the Consultant is required
to make such modifications, he shall furnish without cost to the Public Agency, the
modified drawings and specifications in the number required by the Public Agency for
rebidding. When separate, Phased Construction Contracts are used, the foregoing options
shall apply to the largest general construction contract, when the lowest bona fide bid,
together with the sum of the prices or estimates for all other separate construction or
procurement contracts, exceed the Fixed Limit of Initial Construction Contract Cost.
B. SUBCONSULTANTS (This Paragraph adds to Section 20 in the Agreement)
Consultant shall employ all civil, mechanical, fire sprinkler, electrical, acoustical, cost,
communications engineers; landscape architects, and other subconsultants as necessary in the
opinion of the Consultant to prepare any item of service listed in Article III. Said consultants
shall be licensed by the State of California to perform their special services, when such
licensing is required by law. All drawings prepared by subconsultants and included in the
Contract Documents shall bear the signature of the appropriate subconsultant.
a. Each subconsultant being considered shall receive a copy of the Agreement and shall
acknowledge to the prime consultant, in writing, that he has read and understands
the Agreement and, furthermore, that he agrees to assist the prime consultant with all
the services and duties mentioned herein as they apply to the specialties for which he
is retained as a subconsultant.
b. All subconsultants retained by the Consultant shall be approved in writing by the
Public Agency prior to the execution of any Agreement with a subconsultant.
However, Public Agency's approval shall not create any contractual relation between
Public Agency and the subconsultants employed by Consultant.
c. In the event that the Consultant retains or uses the services of subconsultants or
subcontractors in connection with the Project described in this Agreement, the
Consultant shall enter into a written agreement with each such subconsultant or
subcontractor and shall include in the agreement provisions requiring the
subconsultant or subcontractor to indemnify, save and hold harmless the Public
Agency, its boards, officers and employees to the same extent as the prime
Consultant is required to do so.
APPENDIX A
Page 9of11
File: PD250-9759/A.1.1
C. INDEMNIFICATION(This Paragraph replaces Section 23 in the Agreement)
Consultant shall defend, indemnify, save and hold harmless Public Agency and its 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, due to negligent
or wrongful acts, errors or omissions of Consultant or any person under its 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 Public Agency for any expenditures,
including reasonable attorney's fees, Public Agency may make by reason of such matters.
D. INSURANCE (This Paragraph replaces Section 7 in the Agreement)
1. Consultant shall, at no cost to Public Agency, obtain and maintain during the term hereof
(a) Worker's Compensation Insurance pursuant to state law, and (b) Commercial General
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, and a general aggregate
policy limit of$2,000,000, and (c) Professional Liability Insurance covering errors and
omissions of the Consultant and his/her subconsultants in an amount not less than
$250,000 in the aggregate on a claims made basis. Said Professional Liability Insurance
may contain a deductible clause of not more than$25,000.
2. 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
revision or cancellation. The certificate(s) shall be submitted before signing the
Agreement.
E. APPROVALS
The Consultant agrees that approval of plans and specifications by the Public Agency shall not
relieve the Consultant of the responsibility to prepare the plans and specifications in a skillful
and careful manner, in accordance with the competence and care ordinarily exercised in like
cases by reputable members of the Consultant's profession practicing in the same locality or
similar localities.
ARTICLE VIII. Duties of Public Agency
A. The overalladministration of the project will be accomplished by the Public Agency.
B. The following will be accomplished by the Public Agency.
1. Obtain and deliver to the Consultant all necessary site information, e.g., topographic
surveys and related information, soils studies and soils testing of whatever kind, etc.,
containing information required by the Consultant to perform its services, as ordered by
the Consultant in writing prior to completion of Design Development Documents.
2. Review all sketches, drawings, specifications, proposals, contracts and other documents
presented to it by the Consultant and act promptly thereon, notifying the Consultant of
any and all decisions thereon.
3. Act promptly in all matters requiring its attention so as not to unreasonably delay the
work of the Consultant in the design and construction of the project.
4. Provide all necessary construction testing services.
APPENDIX A
Page 10 of 11
File: PD250-9759/A.1.1
5. Pay all fees required by any division or department of the State of California, utility
company, or other authorities having jurisdiction, for filing, processing and checking of
any item of service prepared by Consultant.
6. Provide information regarding requirements for the Project, including design objectives,
constraints and criteria, space requirements and relationships, flexibility and
expandability, special equipment and systems and site requirements.
7. Designate a project manager to serve as a single point of communication between the
Public Agency and the Consultant.
ARTICLE IX. Non Discrimination and MBE/WBE Requirements
A. Consultant shall not discriminate against any employee who is employed in the Project work
or against any applicant for such employment because of ethnic group identification, religion,
age, sex, color, national origin, or physical or mental disability.
B. Consultant shall meet the MBE/WBE requirements set forth in the Contra Costa County
General Services Department MBE/WBE Professional Services Requirements incorporated
herein by reference.
ARTICLE X. Records (This Article adds to Section 11 of the Agreement)
A. The Consultant shall establish an official file for this Project. The file shall contain adequate
documentation of all actions taken by the Consultant with respect to the Project.
B. Consultant shall maintain books, records, documents and other evidence pertinent to the
Consultant's services on the Project in accordance with generally accepted accounting,
engineering and architectural principles and practices, and retain such matter for at least four
years after the date of completion of the Project.
C. Consultant shall make such books, records, documents, and other evidence available to the
Public Agency, or any authorized representative, during the course of construction and for at
least four years after completion of the Project and provide suitable facilities for access,
inspection and copying thereof.
ARTICLE XI. Notices
Any notice that either party hereto desires or is required to give to the other, shall be in writing and
shall be effected by personal delivery or by mail. In either event, notice to the Public Agency shall
be at The Contra Costa County Architectural Division Office, 1220 Morello Avenue, Suite 100,
Martinez, California 94553-4711.
HAI 997\2509759\059003SO.WPD
PLPAs
Attachments
APPENDIX A
Page 11 of 11
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Attachment Ito Appendix A of Consulting
—40 Services Agreement dated April 9, 1997 -
between Contra Costa County and Marcy
Li Wong, Architect.
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PAYMENT
A. Payment for services shall not exceed the following rates:
Principal in Charge . . . . . . . . . . . . . . . . . . . . . . . $ 100.00 per hour
Project Manager . . . . . . . . . . . . . . . . . . . . . . . . . . $ 70.00 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 April 9. 1997 between Contra Costa County and
Marcy Li Wong, Architect.
APPENDIX B
Page 1 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
Those items listed above in Paragraph D, $500.00
subparagraphs 3 and 4
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*
HAI 997\2509759\059004SO.WPD
PLP:Is
1
APPENDIX B
Page 2 of 2
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 they are
working for me?
d. Do I or other departments have employees with similar
duties as the independent contractor? ( ) ( �-
e. Does the County supply assistants to the contractor?
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?
A "yes" answer to any of the questions "a" through "g" will constitute
justification for paying the contractor through the payroll system.
CONT CTOR CERT ICATION: PREPARED BY:
I certify that the answers to the
above questions accurately reflect
the anticipated working relationship. / d
REVIEWED AND APPROVED BY:
CONTRACTOR'S SIGNATURE
QUESTION.FRM
8-9-93 is