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HomeMy WebLinkAboutItem 4.03 DublinSwimCtrDeck '" .' CITY CLERK File # D~[Q][Q)-l3J[Q] " . AGENDA STATEMENT CITY COUNCIL MEETING DATE: July 21, 1998 SUBJECT: Architectural Services for Dublin Swim Center Deck Replacement Report by: Paul McCreary, Recr:eation Coordinator EXHIBITS ATTACHED: Architectural Services Agreement RECOMMENDATION: ~ Approve Architectural Services Agreement and authorize Mayor to execute same. FINANCIAL STATEMENT: The proposed fee for services is $25,000; sufficient funds are available in the 1998-99 budget for this project. DESCRIPTION: The 1998-2003 Capital Improvement Program includes the Dublin Swim Center Deck Replacement project. In November 1997, the City Council approved funds to complete a study of the Swim Center and develop a Master Plan for improvements. The Swim Center Master Plan, which was approved by the City Council in April 1998, identified the deck replacement project as a high priority. That project was funded as part of the 1998-99 Capital Improvement Program. As part of the project, funds were included for architectural services to prepare design and construction . documents. This project will provide for the replacement of the deck and related fixtures at the Dublin Swim Center. The conceptual design approved as part of the Master Plan includes approximately 6,000 square feet of additional deck space. The new deck space will include a group picnic area, bleacher seating, storage for the pool cover and lane line reels, as well as space to better accommodate swim meets. Equipment that will be replaced includes the I-meter diving board stand and the lifeguard stands. New equipment that will be installed as part of the project includes two starting platforms, new stanchions for backstroke pennants, picnic tables, benches, trash/recycling containers, and bleachers. The picnic tables, benches and trash containers will be purchased with grant money received from the Alameda County Recycling program. This equipment is made from recycled product and will improve recycling at the Swim Center. The Fiscal Year 1998-99 Budget contains adequate funding to proceed with the work outlined in the proposal submitted by Arch Pac, Inc. and agreed upon by the City. Staff has prepared the necessary documents to execute an agreement between the City and Arch Pac, Inc. (attached) and recommends that the City Council approve the Architectural Services Agreement and authorize the Mayor to execute the Agreement. . ------------------------------------------------------------------- COPIES TO: Arch Pac, Inc. ITEMNO.~ F:\caprjcts\dscdeck\cc721 agr.doc . AGREEMENT BETWEEN CITY OF DUBLIN AND ARCH PAC, INC. FOR ARCIDTECTURAL SERVICES DUBLIN SWIM CENTER DECK REPLACEMENT THIS AGREEMENT is made at Dublin, California, as of July 21, 1998, by and between the CITY OF DUBLIN, a municipal corporation ("City"), and ARCH PAC, INe., ("Architect"), who agree as follows: 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Architect shall provide to City the services described in Exhibit A. Architect shall provide said services at the time, place and in the manner specified in Exhibit A. 2. PAYMENT. City shall pay Architect for services rendered pursuant to this Agreement at the time and in the manner set forth in Exhibit B. The payments specified in Exhibit B shall be the only payments to be made to Architect for services rendered pursuant to this Agreement. Architect shall submit all billings for said services to City in the manner specified in Exhibit B; or, if no manner be specified in Exhibit B, then according to the usual and customary procedures and practices which Architect uses for billing clients similar to City. 3. FACILITIES AND EOUlPMENT. Except as set forth in Exhibit C, Architect shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. City shall furnish to Architect only the facilities and equipment listed in Exhibit C according to the terms and conditions set forth in Exhibit e. . 4. GENERAL PROVISIONS. The general provisions set forth in Exhibit D are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent with the general provisions. 5. EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein. 6. CONTRACT ADMINISTRATION. This Agreement shall be administered by the City's Parks and Community Services Director ("Administrator"). All correspondence shall be directed to or through the Administrator or his or her designee. 7. NOTICES. Any written notice to Architect shall be sent to: Ken Moeller, Principal Arch Pac, Inc. 1831 A venida J osefa Encinitas, CA 92024-7110 . Any written notice to City shall be sent to: Ms. Diane Lowart, Parks & Community Services Director City of Dublin P.O. Box 2340 Dublin, CA 94568 Agreement Page 1 of2 Executed as of the day first above stated: CITY OF DUBLIN, a municipal corporation By "City" Attest: . City Clerk By "Architect" Approved as to form: City Attorney Agreement Page 2 of2 . . . . . . EXHIBIT A SCOPE OF SERVICES ARCHITECT shall provide services as hereinafter described for the renovation of the aforementioned aquatic complex. 1. Preliminary Design A. ARCHITECT shall review with CITY alternative approaches to renovation and construction of the Project. B. Based upon the mutually agreed upon solution, schedule and construction budget requirements, ARCHITECT shall prepare, for approval by CITY, Preliminary Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components to include the following: 1. Plan views. 2. Sections. 3. Details. 4. Probable cost. (based on area, volume, or other unit costs.) Design Development A. Upon approval of Preliminary Documents and adjustments thereto, the ARCHITECT shall prepare, for approval by CITY, more developed documents consisting of drawings and other documents to fix and describe the size and character of the project. Deliverables shall include the following: 1. Plan views. 2. Sections. 3. Details. 4. Mechanical schematic with design loads. 5. Electrical schematic with design loads. 6. Outline specification in CSI format. 7. Adjust the estimate as required. Construction Documents A. Upon approval of Design Development Documents, Architect shall prepare, for CITY, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for construction. Deliverables shall include the following: 1. Architectural Drawings 2. Structural Drawings and Calculations a) Structural sections. b) Reinforcement schedules. c) Miscellaneous details 3. Mechanical Drawings a) Piping layout. b) Equipment room piping & layout. c) Miscellaneous details. d) Piping schematics. II. Ill. Exhibit A Page 1 of2 1. Electrical Drawings a) Conduit/wiring layout. b) Equipment wiring diagrams. . c) Miscellaneous details. d) Wiring schematics. 2. Specifications a) Final form technical specifications in CSI format. E. ARCIDTECT shall assist CITY in the preparation of bidding. C. ARCIDTECT shall assist CITY with the filing documents required to receIve the approval of governments authorities having jUrisdiction. n. Bidding or Negotiation Phase: A. ARCIDTECT shall assist CITY in obtaining bids or negotiated proposals, servIces included are: 1. Preparation of addenda if required. 2. Respond to Contractor requests for clarification. 3. Review of bids to determine the lowest responsive bidder. ITL Contract Administration A. ARCHITECT shall be a representative shall advise and consult with CITY during construction. ARCHITECT shall have authority to act on behalf of CITY only to the extent provided herein and shall provide the following support services: 1. Provide clarification and respond to requests for information. 2. Review of shop drawings and samples. 3. Assist with the issuance and negotiation of change orders. 4. Review of contractor's "as-built" documents. . E. ARCHITECT shall visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the Work. ARCHITECT shall determine if the work is in conformance with Contract Documents. However, ARCHITECT shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of on-site observations, ARCHITECT shall keep CITY informed of the progress and quality of the Work. IV. Visits to the Project Site . A. ARCHITECT shall visit the Project Site in conformance with the following schedule: 1. Preliminary Design: One (1) site visit 2. Construction: Three (3) site visits V. Exclusions to Scope of Services A. CITY shall provide full information regarding requirements for the project, including a program which shall set forth CITY'S design objectives, constraints and criteria, including space requirements and relationships, flexibility and expandability, special equipment, systems and site requirements. Additional information that may be required by ARCHITECT may include. 1. Civil/Site Work: a) As-built drawings. b) Soils testing/engineering, including finalized geo-technical investigation report. 2. Miscellaneous: . a) Plan check fees required by local and state regulatory agencies. Exhibit A Page 2 of2 EXHIBIT C . FACILITIES AND EQUIPMENT City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Architect's use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of fwnishing said physical facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility which may involve incurring any direct expense, including, but not limiting the generality of this exclusion, long-distance telephone or other communication charges, vehicles, and reproduction facilities. . . Exhibit C Page 1 ofl EXHIBIT D GENERAL PROVISIONS . L INDEPENDENT ARCmTECT. At all times during the term of this Agreement, Architect shall be an independent Architect and shall not be an employee of City. City shall have the right to control Architect only insofar as the results of Architect's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by.which Architect accomplishes services rendered pursuant to this Agreement. 2. LICENSES: PERMITS: ETC. Architect represents and warrants to City that he has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Architect to practice his profession. Architect represents and warrants to City that Architect shall, at his sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Architect to practice his profession. 3. TIME. Architect shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Architect's obligations pursuant to this Agreement. 4. INSURANCE REQUIREMENTS. Architect shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Architect, his agents, representatives, employees or Subconsultants. The cost of such insurance shall be included in the Architect's bid. (a) Minimum Scope ofInsurance. Coverage shall be at least as broad as: . L Insurance Services Office form number GL 0002 (Ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. 3. Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability Insurance. (b) Minimum Limits of Insurance. Architect shall maintain limits no less than: L General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3. Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. (c) Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or . Exhibit D Page 1 of3 . eliminate such deductibles or self-insured retentions as respects the City, its officers, officials and employees; or the Architect shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. . (d) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages. a. The City, its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising -out of activities performed by or on behalf of the Architect; products and completed operations of the Architect, premises owned, occupied or used by the Architect, or automobiles owned, leased, hired or borrowed by the Architect. The coverage shall contain no special limitations the scope of the protection afforded to the City, its officers, officials, employees and volunteers. b. The Architect's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Architect's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. d. The Architect's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Worker's Compensation and Employees Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Architect for the City. 3. Professional Liability. Architect shall carry professional liability insurance in an amount deemed by the City to adequately protect the Architect against liability caused by negligent acts, errors or omissions on the part of the Architect in the course of performance of the services specified in this Agreement. 4. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. (e) Acceptability of Insurers. Ipsurance is to be placed with insurers with a Bests' rating of no less than A:VII. (f) Verification of Covera~e. Architect shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. (g) Subconsultants. Architect shall include all Subconsultants as insured under its policies or shall furnish separate certificates and endorsements for each Subconsultant. All coverages for Sub consultants shall be subject to all of the requirements stated herein. (h) The Risk Manager of City may approve a variation in those insurance requirements upon a determination that the coverages, scope, limits and forms of such insurance are either not commercially available or that the City's interests are otherwise fully protected. . Exhibit D Page 2 of3 5. ARCHITECT NO AGENT. Except as City may specify in writing, Architect shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Architect shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation . whatsoever. 6. ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. 7. PERSONNEL. Architect shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any such persons, Architect shall, inuriediately upon receiving notice from City of such desire of City, cause the removal of such person or persons. 8. STANDARD OF PERFORMANCE. Architect shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Architect is engaged in the geographical area in which Architect practices his profession. All instruments of service of whatsoever nature which Architect delivers to City pursuant to this Agreement shall be prepared in a substantial, first class and workmanlike manner and conform to the standards of quality normally observed by a person practicing in Architect's profession. 9. HOLD HARMLESS AND RESPONSIBILITY OF ARCHITECTS. Architect shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to him, to any Subconsultant, to the City, to City officers and employees, or to parties designated by the City, on account of the performance or character of the work, unforeseen difficulties, accidents, occurrences or other causes predicated on active or passive negligence of the Architect or of any Subconsultant. . Architect shall indemnify, defend and hold harmless the City, its officers, officials, directors, employees and agents from and against loss, liability, expense, claim, costs (including costs of defense), suits, and damages of every kind, nature and description directly arising from the performance of the work. This paragraph shall not be construed to exempt the City, its employees and officers from its own fraud, willful injury or violation of law whether willful or negligent. For purposes of Section 2782 of the Civil Code the parties hereto recognize and agree that this agreement is not a construction contract. By execution of this agreement Architect acknowledges and agrees that he has read and understands the provisions hereof and that this paragraph is a material element of consideration. Approval of the insurance contracts does not relieve the Architect or Subconsultants from liability under this paragraph. 1 O. GOVERNMENTAL REGULA nONS. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Architect shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 11. DOCUMENTS. The City acknowledges that Arch Pac's construction documents as instruments of professional service. Nevertheless, the plans and specifications prepared under this Agreement shall become the property of the City upon completion of the work and payment in full of all monies due to Arch Pac, Inc. The City shall not reuse or make any modifications to the plans and specifications without the prior written authorization of Arch Pac, Inc. . Exhibit D Page 3 of3