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To: BOARD OF SUPERVISORS Alpha/Open CSA
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FROM: BARTON J. GILBERT, DIRECTOR OF GENERAL SERVICES
DATE: JULY 15, 1997E s L
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SUBJECT: APPROVING CONSULTING SERVICES AGREEMENT FOR a:� 's Costa
ARCHITECTURAL AND PROJECT MANAGEMENT .; 4o County
SERVICES FOR VARIOUS BUILDING REMODELING AND --------
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CONSTRUCTION PROJECTS
SPECIFIC REQUESTS OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION
APPROVE a consulting services agreement with Leslie D. Richardson, 600 Balra Drive, El Cerrito, for
architectural and project management services for various building remodeling and construction projects.
The agreement will be effective July 1, 1997 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. RECOMMENDATIONSBACKGROUND
1. Leslie D. Richardson has been providing architectural services as a consultant for the County since
July 1988,when he was recruited to help with construction administration for the new Public Works
office addition on Glacier Drive. Subsequently, he was retained to provide architectural, project
management, and inspection services for the new Public Works Corporation Yard and various other
projects at Merrithew Hospital, 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: &6tho*
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON — 16 1 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT 1
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 B
CC: General Services Department
OF SUPERVISORS ON THE DATE SHO
Architectural Division
Accounting ATTESTED
County Administrator P L AT OR, L K OF THE BOARD OF
Auditor-Controller SUP9RV1S S A COUNTY ADMINISTRATOR
Consultant(Via A.D.)
BY • ,DEPUTY
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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: LESLIE D.RICHARDSON
600 BALRA DRIVE
EL CERRITO,CA 94530
(c) Project Name,Number&Location: ARCHITECTURAL SERVICES FOR MISCELLANEOUS BUILDING
CONSTRUCTION PROJECTS
(d) Effective Date:JULY 1,1997 (e) Payment Limit:$100,000.00
(f) Completion Date:THROUGH COMPLETION OF CONSTRUCTION OF ASSIGNED PROJECTS
(g) Liquidated Damages: $NONE per day
(h) Federal Taxpayers I.D.or Social Security No.502-52-8356 (i) License No.C7884
2. Signatures. These signatures attest the parties'agreement hereto:
PUBLIC AGENCY CONSULTANT
By: Date: By:
Director of General Services/Purchasing Agent (Designate official capacity in the business)
Type of business (sole proprietorship, government agency,
partnership,corporation,etc.)
If corporation,state of incorporation:
By:
(Designate official capacity in the business)
Note to Consultant: For corporations, the contract must be signed by two officers. The first signature must be that of the chairman of the board,
president or vice-president;the second signature must be that of the secretary,assistant secretary,chief financial officer or assistant treasurer. (Civ.
Code,Sec. 1190 and Corps.Code,Sec.313.) The acknowledgment below must be signed by a Notary Public.
CERTIFICATE OF ACKNOWLEDGMENT
State of California )
ss.
County of )
On the date written below, before me,the undersigned Notary Public, personally appeared the person(s) signing above for Consultant, personally
known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument.
WITNESS my hand and official seal.
Dated:
[Notary's Seal]
Notary Public
3. Parties. Effective on the above date,the above-named Public Agency and Consultant mutually agree and promise as follows:
4. Employment. Public Agency hereby employs Consultant, and Consultant accepts such employment, to perform the professional services
described herein,upon the terms and in consideration of the payments stated herein.
5. Scope of Service. Scope of service shall be as described in Appendix A,attached hereto and made a part hereof by this reference.
6. Report Disclosure Section. Any document or written report prepared hereunder by Consultant, or a subcontractor, for Public Agency shall
contain, in a separate section, the numbers and dollar amounts of this contract and all subcontracts relating to the preparation of such
document or written report,provided that the payment limit specified in Section 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.
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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 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 Cop,nights. 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 B for modifications or additions 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 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.
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Attachments
Appendix A
Appendix B
(Form approved by County Counsel 11/91)
12/11/95
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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. Scone
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.
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Appendix A to Consulting Services Agreement dated July 1, 1997, between Contra Costa County and
Leslie Dean Richardson.
APPENDIX A
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PAYMENT
A. Payment for services shall not exceed $46.91 per hour.
B. Travel between Consultant's private residence/office and the Architectural Division Office at
1220 Morello Avenue, Suite 100, Martinez, California, shall not be reimbursable. All other
travel performed in connection with the service described in Appendix A shall be reimbursable
at the rate of$.315 per mile. The Payment Limit set forth in Agreement Section 1(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 efore 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.
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Appendix B to Consulting Services Agreement dated July 2, 1997, between Contra Costa County and
Leslie Dean Richardson.
APPENDIX B
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