HomeMy WebLinkAboutMINUTES - 03252003 - C51-C54 TO: BOARD OF SUPERVISORS
FROM: ' Contra
William Walker, M.D. , Health Services Director
By: Ginger Marieiro, Contracts Administrator Costa
DATE: March 12, 2003 ,County
sus.11WCT:
Approval of Contract Amendment Agreement #74-137-2 with
New Connections
SPECIFIC REQUEST(S)OR RECOMMEtNDATtON(S)&BACKGROUND AND JUSTIFICATION
R.ECOBOW, RATION W :
Approve and authorize the Health Services Director, or his designee
(Chuck Deutschman) to execute on behalf of the County, Contract
Amendment Agreement #74-137-2 with New Connections, a non-profit
corporation, effective February 1, 2003, to amend Contract #74-137-
1, to increase the total Contract Payment.- Limit by $32, 361, from
$122, 735 to a new total payment limit of $155, 096 and to increase
the six-month automatic extension by $16, 180, from $61, 368 to a new
extension amount of $77, 548 .
FISCAL IMPACT:
This Contract is funded 100% by State Substance Abuse and Crime
Prevention Act (SACPA) - Prop 36 funds. No County funds are
required.
BACKGROUND LREASON(S) FOR RECOMMNDATI ON(S 3 :
The Substance Abuse and Crime Prevention Act of 2000 (Prop 36) has
mandated and funded Counties to establish Alcohol and ether Drug
MOD) treatment programs for non-violent drug offenders in lieu of
incarceration. On February 6, 2001, the Board of Supervisors
designated the County's Health Services Department, through its
Community Substance Abuse Services Division, as the lead agency in
Contra Costa County responsible for the implementation of Prop 36
treatment efforts.
On January 7, 2003 , the Board of Supervisors approved Contract
#74-137'--1 with New Connections, for the period from September 1,
2002 through June 30, 2003 , (with a six-month automatic extension
through December 31, 2003) , for the provision of substance abuse
intervention and treatment services in East County.
Approval of Contract Amendment Agreement #74-137-2 will allow the
Contractor to provide additional services in Central Contra Costa
County, through June 30, 2003 .
-CONTINUED ON ATTACHMENT: _1h SIGNATURE:.
_.� RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMME TION OF BOARD COMMITTEE
- APPROVE OTHER
SIGN
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ABSENTn ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
AX) k2'CA_CtA,11Z(-
ATTESTED I i � r ✓
JOHN SWEETEN,CLERK of THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
Contact Person: Chuck Deutschman 313-6350
CC: Health Services Dept.(Contracts)
Auditor-Controller
Risk(Management BY 1 � ������ DEPUTY
Contractor
f
To BOARD OF SUPERVISORS
FROM: William Walker,M.D.,Health services Director
Contra
By: Ginger Marieiro,Contracts Administrator Costa
DATE: March 12, 2003 roi iundation County
SUBJECT PpA roval of Contract Cancellation Agreement#74--133-2 with New Bridge `
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
PXCC)M11 FNIlATIOI`d{S):
Approve and authorize the Health Services Director, or his designee(Chuck Deutschman)to execute
on behalf of the County, Contract Cancellation Agreement#74-133--2 with New Bridge Foundation,
a non-profit corporation,effective at the close of business on March 19,2003.
1F`ISCAL LMPA CT':
This Contract was funded by the State Substance Abuse and Crime Prevention Act(SACPA) - Prop
36 funds.
BAC&GROUND/REA ON FOR RECOM1V KDATION :
On December 17, 2002, the Board of Supervisors approved Contract #74-133-1 with New Bridge
Foundation, for the period from July 1, 2042 through June 30 2003 (with a six-month automatic
extension through December 31, 2003) for the provision of substance abuse intervention and
treatment services.
On February 19, 2003,the Contractor notified the Department that it would terminate the Contract in
accordance with General Conditions Paragraph 5. (Termination) due to redaction in the cost
reimbursement for this contract period. Therefore, the Department and Contractor have agreed to a
mutual cancellation of this Contract, effective at the close of business on March 19 2003. Approval
of Cancellation Agreement#74-133--2 will accomplish this termination.
RECOMRAENDATION OF COUNTY ADMINISTRATOR RE M1 l=BOARD COMMITTEE
-~APPROVEOTHER
SJQNATUREfSla. -tex�-
ACTION OF BOARD I # u'=Z APPROVED AS RECOMMENDED ���_ OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ABSENVIAND CORRECT COPY OF AN ACTION TAKEN
APES: NOE AND ENTERED ON THE MINUTES OF THE BOARD
ASSENT: ABSTAIN: _ OF SUPERVISORS ON THE[DATE SHOWN.
ATTESTED I ,' '
JOHN SWEETEN,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
Contact-Person: Chuck'Deutschman 313-6350
CC: Health Services Dept. (Contracts)
Auditor Controller
Risk Management BY Z I/� � �fi` DEPUTY
Contractor
C.53
THE BOARD OF SUPERVISORS OF
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on March 25, 2003 by the following vote:
AYES: Supervisors Gioia, Uilketna, Glover & DeSaulnier
NOES: None
ABSENT: None
ABSTAIN: None
District III is Vacant
SUBJECT: Termination of Contract#27-107 with Tenent Healthsystem Hospital
Inc.
RELISTED to April 1, 2003
I hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
Attested: March 25,2043
John Sweeten,Clerk of the Board
of Supe isors and Co}n} A4 rninist ator
By;
Deputy Clerk
CPM:250--0237IA.1.1
TO: ' BOARD OF SUPERVISORS '. CONTRA
FROM: BARTON J. GILBERT, DIRECTOR OF GENERAL SERVICES COSTA
DATE: MARCH 25, 2003 ,, COUNTY
SUBJECT: APPROVE THE SECOND AMENDMENT To THE CONSULTING SERVICES AGREEMENT WITH
ALTA CONSULTING SERVICES, INC. FOR THE REPLACEMENT OF THE ELECTRONIC
SECURITY AND COMMUNICATIONS SYSTEMS AT THE MARTINEZ DETENTION FACILITY,
1000 WARD STREET,MARTINEZ FOR THE SHERIFF-CORONER DEPARTMENT(WH139D)
SPECIFIC REQUESTS)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION
1. APPROVE the Second Amendment authorizing extra work under the Consulting Services
Agreement dated June 1, 2002, with Alta Consulting Services, Inc., 811 Kirkland Avenue, Suite
300, Kirkland, Washington for the replacement of the electronic security and communications
systems at the Martinez Detention Facility, 1000 Ward Street, Martinez. The Second
Amendment increases the scope of services and increases the Payment Limit, from $22,629 to
$127,129.
2. AUTHORIZE the Director of General Services to execute the Second Amendment to the
Consulting Services Agreement and to Issue written authorizations for extra work, in addition to
the authorization for the Second Amendment, provided that the cumulative total Cost for such
additional authorizations shall not exceed $10,400.
FINANCIAL. IMPACT
The total estimated project cost is $1,267,000 of which $804,148 is currently appropriated in the Plant
Acquisition budget (0111). Additional funding to complete the project will be appropriated as the
project is developed.
BACKGROUND
On June 1, 2002 the Director of General Services executed a Consulting Services Agreement for the
initial study report for the replacement of the electronic security and communications systems at the
Martinez Detention Facility. Alta Consulting Services, Inc. was selected to provide the required
architectural services based on interviews with the County Administrator's Office, Sheriff-Corner
Department and the General Services Department.
The First Amendment extended the Completion Date from October 31 2002 to January 31, 2003.
CONTINUED ON ATTACHMENT:--X—YES SIGNATURE: &�i�
A-Rt COMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE
�tPPROVE OTHER
SIGNATURE(S): —4��
ACTION OF BOA � APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
i`- UNANIMOUS(ABSENT �� }
AYES: NOES:
ABSENTS: ABSTAIN:
MEDIA CONTACT:BARTON J.GILBERT(313-7100)
Originating Dept.:General Services Department
1 HEREBY CERTIFY THAT THIS IS A TRUE
cc: General Services Department
Capital Projects Management Division AND CORRECT COPY OF IN ACTION TAKEN
AND ENTERED ON THE MINUTES OF THE BOARD
Accounting OF SUPERVISORS THE DATE SHOWN.
CPM File: 250-02371A.5 /fin } '" � °r >4
County Administrator's Office ATTESTED J �; U�l���� i ;35, Ems'
County Counsel JOHN SWEETEN,CLERK OF THE BOARD OF SUPERVISORS
Auditor Controller AND COUNTIY ADMINISTRATOR
SherIff-Coroner Department(via CPM) }
Alta Consulting Services,Inc.(via CPM) By � DEPUTY
H:\2002\2500237\02L037011b.doo SJ:TB Page 1 of 2 M382(10188)
APPROVE THE SECOND AM'ENDM'ENT TO THE 250-0237/A.1.1
CONSULTING SERVICES AGREEMENT WITH ALTA March 25, 2003
CONSULTING SERVICES, INC. FOR THE
REPLACEMENT OF THE ELECTRONIC SECURITY AND
COMMUNICATIONS SYSTEMS AT THE MARTINEZ
DETENTION FACILITY, 1000 WARD STREET,
MARTINEZ FOR THE SHERIFF-+coRONER DEPARTMENT
The Second Amendment increases the scope of services to provide design and construction
administration services to implement the recommended renovation and upgrade of the electronic
security and communications systems in accordance with the Consultant's proposal dated February
19, 2003, extendthe Completion Date from January 31, 2003 to Completion of Construction, and
increase the reimbursable limit from $2,411 to $12,832.
sJ:tb
H:12002125002371021.037011 bAoc page 2 of 2 M382(10188)
File:250-0237/A.LI
I
SECOND AMENDMENT TO CONSULTING SERVICES AGREEMENT
FOR REMODELING CENTRAL CONTROL,MARTINEZ DETENTION FACILITY,
1000 WARD STREET,MARTINEZ FOR THE SHERIFF-CORONER DEPARTMENT
(WH139D)
I. Effective Date a rid,Parties: Effective March 25,2003, Alta Consulting Services,Inc.(herein called"Consultant"),a Corporation,and the County
of Contra Costa(herein called"County") a political subdivision of the State of California,mutually agree as follows:
2. Pur os On June 1, 2002, the parties entered into a contract entitled "Consulting Services Agreement," referred to as the "Agreement," which
cove initial study report for security and communications system for the Remodeling Central Control,Martinez Detention Facility,1000 Ward
Street,Martinez, The Agreement has previously been amended as follows: First Amendment dated December 5,2002. The parties desire to further
amend the Agreement to expand the scope of service and to increase the payment limit accordingly.
1 Ami ndments to Aare�ement:
A. In the Agreement,Section I(c),change the Payment Limit from$22,619.00 to$127,129.00,an increase of$104,500.00.
B. In Paragraph I(f),extend the Completion Date,as previously amended,from January 31,2003 to Completion of Construction.
C. In accordance with Section 14 of the Agreement provide the following:
Provide additional architectural services to include design and construction administration services to implement the recommended renovation
and upgrade of the electronic security and communications systems at the Martinez Detention Facility, 1000 Ward Street, Martinez in
accordance with attached Consultant's proposal dated February 19,2003.
D. Appendix A is amended and replaced with attached Appendix A which outlines the increased scope of services.
E. Appendix B,Paragraph F is amended to increase reimbursable expenses from$2,411.04 to$12,832.00.
4, Effect:
Subject to the revisions made by this and any prior amendments,the Agreement shall remain in full force and effect.
5. Sigagure:
These signatures attest the parties'agreement hereto:
PUBLIC AGENCY CONSULTANT
By: Date: Type of business:
Barton J.Gilbert (Designate type—corporation,sole proprietorship,partnership,
Director of General Services/Purchasing Agent partnership,government agency,limited liability company,etc.)
If corporation,state of incorporation:
By:
Title:
(Designate official capacity in the business)
By:
Title:
(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.311) The acknowledgment below must be signed by a Notary Public.
..................................................................................................................................................................................................
CERTIFICATE OF ACKNOWLEDGMENT
State of California )
ss
County of 7
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 Public
[Notary's Seal)
RECOMMENDED FOR APPROVAL:
By: APPROVED AS TO FORM:
Director,Capital Facilities&Debt Management SILVANO B.MARCHESI
County Counsel
By:
Deputy
tb
Attachment
H:1200Z2500237\02LA37012a.doc Page I of I
File: 250-0237/A.1.1
SCOPE OF SERVICES
TABLE OF CONTENTS
Paye
ARTICLE I General Intent of Agreement........................................................................ 2
ARTICLE II Description of the Project............................................................................ 2
ARTICLE III Basic Services of Consultant ....................................................................... 3
A. General................................................................................................... 3
B. Predesign Phase (not used) .................................................................... 3
C. Schematic Design Phase(not used)....................................................... 3
D. Design Development Phase................................................................... 4
E. Construction Documents Phase ............................................................. 4
F. Bidding and Construction Phases .......................................................... 6
G. Documents and Drawings...................................................................... 7
H. Time Periods.......................................................................................... 8
ARTICLE IV Extra Work By The Consultant.................................................................... 8
ARTICLE V Consultant's Fee........................................................................................... 9
ARTICLE VI Ownership and Use of Documents............................................................... 10
ARTICLE VII Payments Under This Agreement................................................................ 10
ARTICLE VIII Duties of Consultant.................................................................................... 10
A. Responsibility for Construction Cost..................................................... 10
B. Subconsultants....................................................................................... 11
C. Indernnification...................................................................................... 11
D. Insurance................................................................................................ 11
E. Approvals............................................................................................... 12
ARTICLE IX Duties of Public Agency............................................... .. 12
.............................
ARTICLE X Nan Discrimination...................................................................................... 12
ARTICLEXI Records ........................................................................................................ 12
ARTICLEXII Notices ......................................................................................................... 13
APPENDIX A to Consulting Services Agreement dated March 25 2003 between Public Agency
and Alta Consulting Services,Inc. for Professional Engineering Services
H:1200212500237102LO37013o.doc. APPENDIX A
Page 1 of 13
File: 250-0237/A.1.1
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 Il. Description of the Project
A. The Project involves remodeling of the central control at the Martinez Detention Facility,
Martinez, as required to suit the requirements of the Sheriff-Coroner(WH 139C,D).
B. A preliminary descriptionithe project is outlined in the Program Verification Report entitled
"Study Report Sec
unty tems at the Martinez Detention Facility, Contra Costa County,
California' prepared by nsultantanddatedDecember23, 2002. The scope of work
includestheolowingrecmendations from that report:
1. Replacement of security panels.
2. Replacement of security control system.
3. Replacement of movement intercom system.
4. Replacement of CCTV switcher.
5. Upgrading of CCTV to color operation.
6. Adding of rooftop security coverage.
7. Replacement of duress alarm system.
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 $726,000.00.
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 improvements, 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
County. 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 wilt increase the Fixed Limit.
HA2002\2500237\02LO37013o,doc. APPENDIX A
Page 2 of 13
e
File: 250-0237/A.1.1
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 in the State of California and, by entering into this 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 phases 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, except where such meetings
and conferences are specified as extra work under Article IV. For the Design
Development and Construction Documents Phases of service the Consultant shall attend
up to three meetings (refer to Consultant's proposal dated February 19, 2403, Phase I
Items 1, 8, and 10), for the Bidding and Construction Phases of service the Consultant
shall attend up to nine meetings (refer to Consultant's proposal dated February 19, 2003,
Phase II Item 1 and Phase III Items 1, 6, 7, and 8). The Consultant shall be paid on the
basis of extra work for attending such meetings in excess of the amounts stated above in
accordance with Section 14 in the Agreement, providing the excess meetings are
authorized in advance and in writing by the Public Agency, except meetings which are
required to correct errors or omissions by the Consultant or which are needed due to the
Consultant's inefficiencies shall not be counted in determining the number of meetings
covered under this agreement nor shall they be reimbursable as extra work.
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 Program
Verification Report referred to above, and in written communications from the Public
Agency.
B. PREDESIGN PHASE(not used)
C. SCHEMATIC DESIGN PHASE (not used)
HA200212500237102L037023o.doc. APPENDIX A
Page 3 of 13
............I.........................................................................................................................................................................
............I.............................................................................
File: 250-0237/A.1.1
D. DESIGN DEVELOPMENT PHASE
The Design Development Phase Documents shall be prepared by the Consultant and shall be
based on the Program Verification Report described above, and any adjustments or changes
authorized by the County. The Design Development Documents shall be presented to the
Public Agency for approval and shall include the following(refer to the Consultant's proposal
dated February 19, 2003,"Phase I Services—Design", Items I through 8):
1. A summary of the Public Agency's basic requirements, including maintenance, staffing
and other operational cost factors, which are different from or in addition to those set forth
in the Program Verification Report,
2. Two line floor plans, with room sizes dimensioned or noted. The floor plans shall show
furniture, apparatus, and equipment in each room, based on inventory lists provided by the
Public Agency. The purpose of the room layouts is to show that the room sizes and
configurations are appropriate for their intended uses. Also, the plans shall show power
and telephone/data outlet locations. The purpose of showing outlet locations is to
demonstrate that initial and future room layouts will have adequate outlets and to provide
a basis for estimating costs for the electrical and telephone/data systems.
3. Calculations and outline specifications which clearly describe the design's character and
materials.
4. Presentation of the systems' designs and essential features.
5. (Not used.)
6. (Not used.)
7. (Not used.)
8. (Not used.)
9. A further statement of probable construction cost.
10. A description of the energy conservation systems and strategies used.
11. (Not used.)
12. Recommended construction phasing and staging.
E. CONSTRUCTION DOCUMENTS PHASE
(Refer to the Consultant's proposal dated February 19, 2003, "Phase I Services — Design",
Items 9 through 11.)
1. Construction Documents shall be prepared by the Consultant and shall be based on the
approved Design Development Documents described above, and adjustments or changes
authorized by the Public Agency. The Construction Documents stiall include working
drawings and specifications suitable for open, competitive bidding and for construction,
with scope and details of the architectural, mechanical, electrical, structural and site 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.
HA2002\2500237\02L037013o.doc, APPENDIX A
Page 4 of 13
File: 250-0237/A.1.1
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 review the previous statement of Probable Initial Construction Contract
Cost and advise the Public Agency of any adjustments indicated by changes in
requirements or general market conditions.
6. Consultant shall attend meetings with the County Building Inspection Deeppartment 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 or electrostatic, 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 orspecified. Drawing size shall
not be smaller than 24 x 36 in. nor larger than 30 x 42 in. unless otherwise approved by
the County. Details shall be shown on the working drawings and shall not be on 8'1x x 11
inch drawings bound separate from the working drawings. Working drawings shall be
prepared with Autocad Computer Aided Drafting (CAD). Consultant shall submit
diskettes of working drawings and specifications to Public Agency on completion of
Project.
9. Consultant shall submit building systems calculations, if any, such as civil, structural, fire
protection mechanical and electrical engineering calculations to the Public Agency,
which will retain such calculations for record purposes, but Public Agency 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. (Not used.)
HA2042\2500237t02U37013o.aoc. APPENDIX A
Page 5 of 13
File: 250-02371A.1.1
F. BIDDING AND CONSTRUCTION PHASES
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 (refer to the Consultant's proposal
dated February 19, 2003, "Phase II Services — Procurement Assistance", Items i through
4);
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 rejection of bids.
d. Attend one pre-bid site tour.
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 (refer to the Consultant's proposal
dated February 19, 2003, "Phase III Services — Construction Administration", Items 1
through 8):
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 Capital Projects
Management 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. Review contractor's payment requests and make written recommendations to the
Public Agency regarding payment.
c. Review and respond to contractor's 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 periodic observations of the work and conduct job meetings with his
consultants, the contractor and Public Agency representatives in attendance as may be
required, in accordance with Article III, paragraph A, subparagraph 3. Said
observations and job meetings shall occur with such frequency as necessary to satisfy
requirements of te 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 'ob meetings and deliver them promptly to the Public Agency. The
Consultant shah not delegate this task to the construction contractor.
HA2002\2500237\02LO37013d.aac. APPENDIX A
Page 6 of 13
. csy
File: 250-0237/A.1.1
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 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.
G. DOCUMENTS AND DRAWINGS
1. 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.
2. The following documents shall be furnished to the Public Agency:
a. One set of reproducible copies of drawings and one copy of any outline specifications
of the Design Development Phase for review purposes.
b. One copy of Consultant's statements of probable initial construction contract cost.
c. One set of reproducible copies of construction drawings and one copy of the
Specifications for final review purposes.
d. Original tracings and master specifications, upon final approval of the above-
mentioned construction drawings and specifications, in accorduice with Section 13 in
the Agreement.
e. 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.
3. Record Drawings and Final Documentation.
(Refer to the Consultant's proposal dated February 19, 2003, "Phase IV Services — Final
Documentation", Items 1 through 3.)
a. 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 number.
HA2002\2500237\02L037013o.doc. APPENDIX A
Page 7 of 13
File: 250-0237/A.1.1
b. During the construction work, the Consultant shall review field record drawings
prepared by the Contractor, or Contractors, and shalt promptly report to the Public
Agency any observed errors or omissions in the Field Record I3rawtngs as maintained
by the Contractor. However, the Consultant is not responsible far the accuracy or
completeness of record drawings prepared by the Contractor ar Contractors.
c. Can 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.
d. Consultant shall modify consultant's drawings and specifications to reflect the
information contained in the contractors' record drawings submittal. Drawing
modifications shall be made using AutoCAD Computer Aided Drafting (CAD).
Deleted, changed and added items shall be "clouded' and identified with a "delta"
revision symbol. Each revised sheet shall be labeled."Field Record". Consultant shall
submit one set of the modified, "as-built" record drawings to the Public Agency for
review and approval before making the final submission.
4. In the event this Agreement is terminated for any reason whatever,prior to completion, all
the original 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. The Consultant shall be held harmless by the Public
Agency for liabilities resulting from the use of the aforementioned Documents by the
Public Agency, following the termination of this Agreement.
H. TIME PERIODS (This Paragraph adds to Sections 1(f)and 10 in the Agreement.)
Services shall be#in 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, except work on each item of service as specified ;n this Article shall proceed by
steps as provided by this Agreement, upon approval by the County Capital Projects
Management Division as speciferd, and until such approval, Consultant shall not proceed with
any subsequent item of service.
ARTICLE IV. Extra Werk 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 protect.
C. Design and construction documents and construction administration for repair of damage to
the structure,when so directed by the Public Agency.
HA2002\2500237102L037013o.aoc. APPENDIX A
Page 8 of 13
...................................................................................................................................................................................................................
ell
File: 250-0237/A.1.1
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. Providin& 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 A&ency 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 ori ral times for completion specified in construction
contracts shall be determined by the Pub ic 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 writ by the Public Agency. Notice, however,
13�
that working or study models constructed by the onsultant 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. (Not used.)
L. Preparing exhibits or attending meetings exclusively for purposes of CEQA processing.
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.
H;12002\2500237102LO37013o.doc. APPENDIX A
Page 9 of 13
..........................
.,................................................................................................................................................................................................................................
. . . .................................... ........... .............................
File: 250-0237/A.1.1
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 A&ency 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
subsequentresponsible for damage caused by changes to or uses of thoseIans
s ecifications, reports, or documents, where the subsequent changes or uses, including
thanges or uses made by state or local I agencies, are not authorized or approved
shiedby the licensed architect vvho originally the plans, specifications, reports, or
documents, provided that the architectural service rendered by the architect who signed the
plans, specifications, reports,or documents was t also a proximate cause of the damage."
ARTICLE VII. Payments Under this Agreement
It is agreed that payments to the Consultant for basic services, shall be made monthly on an hourly
basis, in proportion to work performed, as specified in the Agreement, Section 8, and in Appendix
B.
ARTICLE VIII. 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 yond the Fixed Limit of Initial
Construction Contract Cost, or beyond the latest approved estimate by any changes
involving quality or quantity, the Consultant shalltten notice in a timely manner
to the Public Agency, whether such increase is =by the Public Agency or the
Consultant.
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 chan&e 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.
H,.1200212500237�02LO37013o.doc. APPENDIX A
Page 10 of 13
...................I....................................................................................................................................................................................
File: 250-0237/A.1.1
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
s earp mte" Phased Construction Contracts are used, the foregoing options shall apply to the
est general cons
o h prices
s or estimates for all other separate construction or procurement contracts,
exceed f the
pn i Limit of Initial Construction Contract Cast.
the Fixed
B. SUBCONSULTANTS
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 111. 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.
1. 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.
2. 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 s approval shall not create any contractual relation between Public Agency and the
u consultants employed by Consultant.
C. INDEMNIFICATION
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.
D. INSURANCE (This Paragraph adds to or modifies Section 7 in the Agreement.)
1. During the period of this Agreement, the Consultant shall maintain in effect a policy of
professional liability insurance covering errors and omissions of the Consultant and
his/her subconsultants in an amount not less than $1,000,000.00 in the aggregate on a
claims made basis. Said insurance shall require at least 30 days' written notice to the
Public Agency of policy lapse, cancellation or modification. The insurance furnished
pursuant to this paragraph may contain a deductible clause of not more than$25,000.00.
2. The comprehensive liability insurance specified in Section 7 of the Agreement shall
include coverage for blanket contractual liability. Also, the limit for the comprehensive
liability insurance is hereby increased from $500,000.00 to $1,000,000.00, except
automobile liability may remain at$500,000.00.
HA2002\2500237\02L037013o.doc. APPENDIX A
Page 11 of 13
..........................................................................................................................................................................................................
.......... ...........................................................................
File: 250-0237/A.1.1
3. The Consultant shall file with the Public Agency a certificate or certificates, and/or a copy
of the policy, showing that the insurance specified above and in the agreement is in effect.
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 IX Duties of Public Aeency
A. The overall administration 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.
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 X. Non Discrimination
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.
ARTICLE X1. Records
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.
HA20=500237\02LO37013o.doc. APPENDIX A
Page 12 of 13
................... .............................................................................................................................................................................
...........................................................................
File: 250-0237/A.1.1
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 pninciples 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 X11. 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 Capital Projects Management Division Office, 1220 Morello
Avenue, Suite 100, Martinez, California 94553-4711.
SJ:tb
HA20021250023-A02L437013o.doc. APPENDIX A
Page 13 of 13
...........
............