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HomeMy WebLinkAboutItem 4.05 SwimCtrMastrPlnConsultSvs CITY CLERK File # D~[Q][Q-~[Q] . AGENDA STATEMENT CITY COUNCIL MEETING DATE: November 4, 1997 SUBJECT: Consultant Services for Dublin Swim Center Master Plan Report by: Diane Lowart, Parks & Community Services Director EXIllBITS ATTACHED: Consultant Services Agreement RECOMMENDATION: ./7 ^ ~pprove Consultant Services Agreement and authorize Mayor to 0V' '\C/v{f' execute same. FINANCIAL STATEMENT: The proposed fee for services is $10,500; sufficient funds are available in the 1997-98 budget for this project. DESCRIPTION: The 1996-2001 Capital Improvement Program includes the Dublin Swim Center Deck Replacement project. As part of the project, funds were included for consultant services to evaluate not only the deck, but to also evaluate and make recommendations on other repair needs at the Dublin Swim Center. . A Request for Proposals was circulated and two firms submitted proposals by the October 10, 1997 closing date; Water Technology, Inc. and Arch Pac, Inc. After a thorough review of tl:1e proposals and based on the results of the reference checks, Staff recommends that the contract be awarded to Water Technology, Inc. at a cost of$10,500. Water Technology, Inc. is an aquatic design and engineering firm comprised of architects, engineers, landscape architects, designers and planners. Founded in 1983, the firm has engaged in numerous projects throughout the United States and overseas. In California they are currently working for the City of Irvine on the Heritage Park Master Plan. They have completed extensive studies for the City of Concord and the City of Long Beach on the their aging aquatic facilities, making recommendations for repairs and improvements. Purpose The purpose of the study is to identify the necessary mechanical and structural improvements at the Dublin Swim Center and develop a plan for implementation. This plan will assign priorities and describe the financial impact of each phase of work. Water Technology, Inc. will also make recommendations for . other she improvements to enhance revenue and improve the aesthetics of the facility. Scope of Work Site Examination The consultant will ~vestigate the condition of the existing pool to include the deck areas, pool tank, as well as the piping and recirculation system. The consultant will also examine the condition of the . ------------------------------------------------------------------- , COPIES TO: Water Technology, Inc. ITEM NO.--4..5 C:\capIjcts\dscdeck\cc 114agr.doc mechanical and electrical systems including the filtration system, heating systems, circulation system, lighting system and power requirements. Finally the consultant will provide a cursory examination of the condition of the building. Preliminary Report The consultant will document all study findings, conclusions and recommendations in a draft report to . Staff for review and comment. The consultant will work with Staff to develop a plan to divide the repairs into logical projects based on priority and projected financing. Final Report and Master Site Plan Based on their fmdings and meetings with Staff, the consultant will develop a color schematic plan of structural, mechanical and aesthetic recommendations. Detailed design of the various projects (deck replacement, drainage system, site fixtures, etc.) would be developed as part of the construction documents for the various projects and would not be included in this study. .., Conclusion It should be noted that competitive bidding shall not apply to contracts involving the acquisition of professional or specialized services, such as, but not limited to, services rendered by architects, attorneys, engineers, and other specialized consultants (Chapter 2.36, Section 2.36.050 of the Dublin Municipal Code). The Fiscal Year 1997-98 Budget contains adequate funding to proceed with the work outlined in the proposal submitted by Water Technology, Inc. and agreed upon by the City. Staff has prepared the necessary documents to execute an agreement between the City and Water Technology, Inc. (attached) and recommends that the City Council approve the Consultant Services Agreement and authorize the Mayor to execute the Agreement. . . -:-).- . . . AGREEMENT BETWEEN CITY OF DUBLIN AND WATER TECHNOLOGY, INe. FOR CONSULTANT SERVICES DUBLIN SWIM CENTER MASTER PLAN STUDY THIS AGREEMENT is made at Dublin, California, as of November 4, 1997, by and between the CITY OF DUBLIN, a municipal corporation ("City"), and WATER TECHNOLOGY, INC., ("Consultant"), who agree as follows: 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in Exhibit A. Consultant shall provide said services at the time, place and in the manner specified in Exhibit A. 2. PAYMENT. City shall pay Consultant 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 Consultant for services rendered pursuant to this Agreement. Consultant 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 Consultant uses for billing clients similar to City. 3. FACILITIES AND EQillPMENT. Except as set forth in Exhibit C, Consultant 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 Consultant only the facilities and equipment listed in Exhibit C according to the terms and conditions set forth in Exhibit C. 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. EXIllBITS. 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 Consultant shall be sent to: Charles M. Neuman, President Water Technology, Inc. P.O. Box 614 Beaver Dam, WI 53916 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 "Consultant" Approved as to form: City Attorney Agreement Page 2 of2 . . . . . . EXHIBIT A SCOPE OF SERVICES Consultant shall provide the following services to the City for the study of the Dublin Swim Center: 1. EXISTING POOL EVALUATION A. Investigate the condition of the existing pools to include: 1. Pool tank a) condition of the fiberglass shell, specifically determine the cause of the bubbling of the fiberglass b) expansIon seams c) hydrostatic relief valves d) inlets e) gutters f) diving boards g) starting block anchors h) lane hooks i) ladders 2. Deck Areas a) drainage problems b) cracking and rust problems c) tiles d) coping e) signage f) anchors g) lifeguard stands h) storage space i) lighting j) electrical source 3. Piping and recirculation system B. Examine the condition of the mechanical and electrical systems with regard to present adequacy and future use. This will include: 1. Filtration system 2. Pool heating a) natural gas heater b) solar heating system c) condition and efficiency d) replacement schedule 3. Chemical feed and control systems 4. Circulation system a) turnover rate b) surface collection system c) pipes d) flow meters e) pump and pump efficiency Exhibit A Page 1 of2 c. 5. Power requirements and lighting Provide a cursory examination of the condition of all buildings including: 1. Interior / exterior walls 2. Roof 3. Floors 4. Locker room~ / office space 5. Storage space Examine the existing pools and changing facilities with regard to compliance with ADA guidelines, state of California health code requirements, and general safety standards. . D. II. DELIVERABLES A. Document all study fmdings, conclusions and rec,ommendations ill a formal report including: 1. Estimated costs and replacement schedules 2. Necessary mechanical and structural improvements and a plan for implementation assigning priorities and fmancial impact of each phase of work. B. Provide two or three orientation meetings with staff to tour the facility and interview staff regarding study issues. C. Provide the Parks and Community Services Director, Public Works Director, and Recreation Coordinator with draft copies of the report for review and comment. D. Provide recommendations for other amenities including but not limited to storage, picnic areas, bleachers, starting blocks, a slide to replace the 3-meter diving board, planter boxes and benches; E. Make an oral presentation to the Parks and Community Services Commission. . F. Provide a color schematic plan of structural, mechanical and aesthetic recommendations to present to the Parks and Community Services Commission. G. Provide six copies of the final report and one copy on diskette to the City. . Exhibit A Page 2 of2 . . . EXHIBIT B PAYMENT SCHEDULE A. CITY shall pay CONSULTANT an amount not to exceed the total sum of $10,500.00 (Ten thousand, five hundred dollars and no cents) for services to be performed pursuant to this agreement. The fee includes three (3) site visits and reimbursables. CONSULTANT shall submit invoices, not more often than once per month, based upon the work completed on each task identified in EXHIBIT A "Scope of Work". B. Reimbursables consist of normal business costs including printing/reproduction costs, shipping charges (express mail, etc.) and travel for additional visits not included in the basic fee. .., C. Any additional trips or services beyond those outlined in EXHIBIT A "Scope of Work" will be billed at the hourly rates listed below. HOURLY RATES: Principal Senior Designers Associates CAD Operator Secretarial Operations $124.00 per hour $ 85.00 per hour $ 75.00 per hour $ 51.00 per hour $ 40.00 per hour $ 55.00 per hour D. The total sum stated in Section A above, shall be the total which the CITY shall pay for the services to be rendered by CONSULTANT pursuant to this Agreement. CITY shall not pay any additional sum for any expense or cost whatsoever incurred by CONSULTANT in rendering services pursuant to this Agreement. E. CITY shall make no payment for any extra, further or additional service pursuant to this Agreement unless such extra service and the price therefor is agreed to in a written Change Order executed by the City Manager, or other designated official of the CITY, authorized to obligate CITY thereto. Said Change Order shall be executed prior to the time such extra service is rendered and in no event shall such change order exceed twenty-five percent (25%) of the initial Contract price stated in Section A. In the event the Change Order exceeds this limitation, City Council approval shall be required. F. The services to be provided under this Agreement may be terminated without cause at any point in time in the sole and exclusive discretion of CITY. In this event, CITY shall compensate the CONSULTANT for all outstanding costs incurred as of the date of written notice thereof and shall terminate this Agreement. CONSULTANT shall maintain adequate logs and timesheets in order to verify costs incurred to date. G.The CONSULTANT is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of a fully executed copy of this Agreement. Exhibit B Page 1 of1 EXHIBIT C City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant's use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing 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. ExhihitC Page 1 of1 . . . . . . EXHIBIT D GENERAL PROVISIONS 1. INDEPENDENT CONSULTANT. At all times during the term of this Agreement, Consultant shall be an independent Consultant -and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. 2. LICENSES: PERMITS: ETC. Consultant represents and warrants to City that he has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice his profession. Consultant represents and warrants to City that Consultant 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 Consultant to practice his profession. 3. TIME. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Consultant's obligations pursuant to this Agreement. 4. INSURANCE REQUIREMENTS. Consultant 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 Consultant, his agents, representatives, employees or Subconsultants. The cost of such insurance shall be included in the Consultant's bid. (a) Minimum Scope ofInsurance. Coverage shall be at least as broad as: 1. 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. Consultant shall maintain limits no less than: . 1. 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 projectllocation 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 Consultant 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 Consultant; products and completed operations of the Consultant, premises owned, occupied or used by the Consultant, or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations the scope of the protection afforded to the City, its officers, officials, employees and volunteers. b. The Consultant'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 Consultant'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 Consultant'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 Consultant for the City. 3. Professional Liability. Consultant shall carry professional liability insurance in an amount deemed by the City to adequately protect the Consultant against liability caused by negligent acts, errors or omissions . on the part of the Consultant 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. Insurance is to be placed with insurers with a Bests' rating of no less than A: VII. (f) Verification ofCovera~e. Consultant 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. Consultant shall include all Sub consultants as insured under its policies or shall furnish separate certificates and endorsements for each Sub consultant. 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. CONSUL T ANT NO AGENT. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant 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. Consultant 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, Consultant shall, immediately upon receiving notice from City of such desire of City, cause the removal of such person or persons. .., 8. STANDARD OF PERFORMANCE. Consultant 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 Consultant is engaged in the geographical area in which Consultant practices his profession. All instruments of service of whatsoever nature which Consultant 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 Consultant's profession. 9. HOLD HARMLESS AND RESPONSIBILITY OF CONSULTANTS. Consultant 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 Consultant or of any Sub consultant. Consultant 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 Consultant 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 Consultant or Subconsultants from liability under this paragraph. 10. GOVERNMENTAL REGULATIONS. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant 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 Water Technology'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 Water Technology. The City shall not reuse or make any modifications to the plans and specifications without the prior written authorization of Water Technology. Exhibit D Page 3 of3