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HomeMy WebLinkAbout7.1 Civic Center Courtyard Art Fountain CITY OF DUBLIN AGENDA 'STATEMENT CITY COUNCIL MEETING DATE: July 10, 1989 SUBJECT Arts Foundation Fountain Revision - Civic Center Courtyard (Report prepared by Paul Rankin, Assistant City Manager) EXHIBITS ATTACHED Proposed Agreement RECOMMENDATION ,ti ; Approve revision to Civic Center fountain and 'n L authorize Mayor to execute Agreement for Design Services FINANCIAL STATEMENT: Cost of Design Services will be funded through credit from deleting the fountain contained in the original Civic Center design. No adjustment to the Civic Center project is required. DESCRIPTION On February 27, 1989, the City Council reviewed a presentation by the Dublin Fine Arts Foundation. The Foundation is an independent non-profit organization which is working to provide the community with original works of art. Their first project is to commission a recognized artist to develop a piece , of artwork to be located within the Civic Center courtyard. The Foundation has worked closely with the cooperation of George Miers & Associates and David L. Gates & Associates . Both of these firms were involved in the design of the Civic Center. The artist' s concept works with a fountain in the central courtyard. The design of the fountain is substantially different than the small recirculating fountain included in the original construction documents . Staff requested that Dickman-Nourse, Inc. , the General Contractor for the Civic Center, provide a cost estimate to construct the new courtyard fountain. In earlier discussions with the Contractor, the Contractor had offered a $17, 500 credit if the City deleted the fountain shown in the original contract drawings. DNI worked with their subcontractor, Pacific Water Art, to obtain pricing for the revised design. In addition, the designers reviewed and modified the drawings to obtain the desired product in the most cost effective manner. The Contractor submitted a proposal to construct the new fountain upon execution of a Change Order in the amount of approximately $86, 600 and providing a contract extension to September 1 , 1989 . The Contractor felt that the extension was required to accommodate the submittal process, material procurement and construction. The City' s Construction Manager completed an independent estimate which estimated the additional cost at $45, 000 . The City made an effort to discuss the pricing discrepancies with Pacific Water Art, however, these attempts were unsuccessful . In addition, Staff felt that the request for a contract extension was unreasonable if applied to the total project. Given the difficulty of pursuing the revised fountain under the current agreement, the Civic Center Advisory Committee (Mayor Moffatt and Councilmember Jeffery) recommended that we delete the original fountain from the current contract with Dickman-Nourse, Inc. This would enhance the City' s options and allow for the City to work towards an economical method of accepting the, artwork from the Foundation. This will also allow an opportunity to competitively bid the work directly to a construction firm without incurring the General Contractor' s overhead costs. /41 COPIES TO: David L. Gates ITEM NO. ^;„ o - —s Ron Nahas, Dublin Fine Arts Sue Hyler, Construction Manager In order to accommodate a fountain at a future date, the City requested that the Contractor install certain underground utilities. This includes empty conduit, junction boxes, and piping located in the approximate location of the proposed fountain. Staff estimates that the cost of this work will not exceed $7, 500 . This work is being performed on a time and material basis. It should be noted that additional underground facilities such as a pump vault will need to be constructed as part of the revised fountain project. In order to competitively bid this work as a separate project, a complete set of Bid Plans and Specifications must be prepared. In part, this will require the Landscape Architect to consolidate information from the following sources : original Civic Center Plans and Specifications; Revised Fountain Drawings; Addendums to the the Revised Drawings; and As Built Drawings, including information on the underground conduit which will be in place. David Gates & Associates has offered to provide these services at a cost not to exceed $7, 385 . This cost includes $1 , 950 for assistance during the construction phase. The agreement has been based on a time and materials basis with a maximum not to exceed cost. The maximum cost includes all reimburseable expenses . The Consultant' s scope of work contains certain items, which are noted to be outside the agreement. Primarily, these deal with administrative tasks during construction. The project would be overseen by the Public Works Department. City personnel from this department would monitor the construction. Mr. Gates has indicated that although his firm would not be involved with the preparation of change orders and progress payments, . the Consultant would assist with the review and approval of these items . In order for the City to obtain the Contractor' s pricing, the City engaged the services of the Civic Center Electrical Engineer to provide the necessary electrical information. At the time that this was required, adequate time was not available to discuss with the Foundation payment for these services . Therefore, the City incurred $3, 000 to design the electrical system necessary to support the revised fountain. As noted above, the City will obtain a $17, 500 credit for the deletion of the original fountain. These costs will approximately cover the costs incurred for electrical design, preparation of bid specifications, and installation of underground facilities . This will allow the City to proceed with this project without committing funds beyond what has already been appropriated to the Civic Center project. The Civic Center Advisory Committee has recommended that the City Council authorize the preparation of bid documents. The Consultant will prepare a final cost estimate prior to requesting bids. Staff will return to the City Council with the final plans and specifications for authorization to solicit bids . It is estimated that the project could be ready for bidding in August if the Design Services contract is approved. The Committee recommended that the City proceed with funding discussions with the Fine Arts Foundation after construction costs are determined through a competitive bid. Staff recommends that the City Council approve the recommendations by the Civic Center Advisory Committee and authorize the Mayor to execute the agreement with David Gates & Associates . CONSULTANT SERVICES AGREEMENT THIS AGREEMENT is made at Dublin, California, as of July 10, 1989, by and between the CITY OF DUBLIN, a municipal corporation ("City") , and David . L. Gates & Associates, ( "Consultant" ) , who agree as follows: 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, consultant- shall provide 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 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 EQUIPMENT. . 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 . EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein. Executed as of the day first above stated. CITY OF DUBLIN, a municipal corporation . By "Mayor" Attest: - City Clerk By "Consultant" EXHIBIT A SCOPE OF. SERVICES The project involves the preparation, of construction documents and related supervision for the construction of a fountain at the Dublin Civic Center, Dublin, California. The fountain will be designed to accommodate artwork which is being commissioned by the Dublin Fine Arts foundation. David L. Gates & Associates (CONSULTANT) are not responsible for the design or installation of the artwork. The design and preparation of the construction documents shall be based upon drawings previously prepared by CONSULTANT, on Sheet L-24 of the Civic Center plans. In addition, all subsequent revisions and amendments to the drawings shall be incorporated. City shall provide General Conditions and background material for . the specifications. CONSULTANT shall utilize pertinent sections of the existing Civic Center specifications to minimize the need to develop original specifications. When necessary, the documents shall be modified to reflect the scope of work anticipated under this project. The maximum cost shown in the agreement shall include both professional services and. reimburseable expenses Attachment A. 1 (attached hereto and by reference made a part hereof) shall outline the general scope of services. The City has already - obtained electrical drawings, which will be coordinated with the work prepared by CONSULTANT. CONSULTANT estimates completion of contract documents within 10 days. The construction period is estimated to take 60 days. • ATTACHMENT "A".1- Dublin Civic Center Courtyard Fountain Scope of Services June 15, 1989 1. Construction Documents $4,660.00 a. Reassemble current Construction Drawings of fountain and,fountain area into separate bid package including: - Synthesize drawing(s) to include layout and grading plans for surrounding paving, trench drain installation detail, concrete paving detail, and fountain notes. b. Revise current fountain drawings to reflect as-built conditions and latest redesign. . c. Supply information to Electrical Engineer. 2. Bidding Phase $775.00 a. Supply package of technical specifications sections from current specifications. b. Prepare final cost estimate. . c. Prepare bid proposal form with input from City. d. Prepare addendum as needed. 3. Construction Phase $1,950.00 a. Provide clarifications as needed. . b. Coordinate with City and Contractor. c. Review submittals. d. Site visits. TOTAL $7,385.00 To t.i a. Work Not Included: 1. Provision of non-technical specification sections, e.g., General Conditions, Supplemental Conditions, etc. 2. Provision of electrical drawings or specifications. 3. Provision of bid documents, other than bid form, and administration of bidding process. 4. . Preparation of change orders. 5. Preparation of payment schedules and issuing of progress payments. 6. Provision of constant inspection and provision of technical inspections. 7. Coordination of installation of globe,sculpture. Time of Completion: 10 working days 40.1 ■MQ IT.1- ?cx e. a -Fa- ,A _ 4 \. EXHIBIT B City shall pay Consultant on an hourly basis a total sum not to exceed $7, 385 for services required pursuant to this Agreement. The above sum is based upon established hourly rates and estimates of time and expenses. Total project cost shall include all reimburseables . Hourly rates shall be billed in accordance with attachment B. 1 - (Schedule of Fees - effective January 1989 ) attached hereto and by reference made a part hereof. Consultant shall submit an invoice indicating services provided during the month. Said invoice shall clearly identify the hours by position and a breakdown of the type of work performed. Reimburseable expenses shall be billed at one times the amount expended by the Consultant. The total sum stated above shall be the maximum amount which 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. City shall make no payment for any extra, further or additional service pursuant to this Agreement unless such extra service and the price therefore is agreed to in writing executed by an official of City authorized to obligate City thereto prior to the time such extra service is rendered. The services to be provided under this Agreement may be halted or postponed at any point in time at the sole and exclusive discretion of City. In this event, City shall compensate the Consultant for all outstanding costs incurred to date of written notice thereof and terminate this Agreement. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to date. SCHEDULE OF FEES EFFECTIVE JANUARY 1989 . I. Hourly Fees for Services of: Rate Per Hour , FAre A. Principals $85.00 f '' tit B. Senior Associates $55.00 C. Associates $50.00 D. Senior Draftsperson $40.00 E. _ Junior Draftsperson $30.00 F. Clerical $20.00 II. Expenses (Reimbursables) A. Consultants at approximately the same rates indicated above. B. Other direct expenses at cost which may include: 1. Printing and reproduction costs. 2. Long distance telephone and telegraph. 3. Miscellaneous. DAVID L.GATES&ASSOCIATES LAND PLANNING•LANDSCAPE ARCHITECTURE•URBAN DESIGN 2440 TASSAJARA LN.,DANVILLE,CA.94526,415•837•6 EXHIBIT C City shall furnish physical conference space facilities 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 quality, 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 no limiting the generality of this exclusion, long-distance ' telephone or other communication charges, vehicles, and reproduction facilities. • EXHIBIT D GENERAL PROVISIONS 1. INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, Consultant shall be an independent contractor 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. Time is the essence of this Agreement. 4 . INSURANCE. (a) Public Liability And Property Damage. The Consultant shall take out and maintain in the name of the Consultant and the City during the life of the Agreement, such public liability insurance as shall protect himself,, the City, its officials, officers, directors, employees and agents from claims which may arise from operations under the Agreement, whether such operations be by himself, by subcontractors, or by anyone directly or indirectly employed by either of them. This liability insurance shall include, but shall not be limited to, protection against claims arising from bodily and personal injury and damage to property resulting from the Consultant' s, City' s or subcontractor' s operations, use of owned or nonowned automobiles, products, and completed operations. The amounts of insurance shall not be less than the following: Single limit coverage applying to bodily and personal injury liability and property damage: $1, 000, 000 . 00 or a lesser amount deemed sufficient by the City Manager The following endorsements must be attached to the policy, unless modifications are otherwise approved by the City Attorney: Exhibit D Page 1 (1) If the insurance policy covers on an "accident" basis, it,must be changed to "occurrence" . ( 2) The policy must cover personal injury as well as bodily injury. (3) The policy must cover complete contractual liability. Exclusions of contractual liability as to bodily injuries, personal injuries and property damage must be eliminated from the basic policy endorsements. (4) Broad from property damage liability must be provided. Deductible shall not exceed $500 without special approval of the City. (5 ) The City must be named as an additional named insured under the coverage afforded with respect to the work being , performed under the Agreement. ( 6) An endorsement shall be provided which states the coverage is primary insurance and that no other insurance effected by the City will be called upon to contribute to a loss under this coverage. (7 ) The insurance policy shall contain a standard form of cross-liability. (8) The insurance policy shall provide for an unconditional notice of cancellation. Should the policy or policies be cancelled before the expiration date thereof, the issuing company will mail 30 days written notice to the City. b) Worker' s Compensation. During the term of this Agreement, Consultant shall fully comply with the terms of the law of California concerning worker's compensation. Said compliance shall include, but not be limited to, maintaining in full force and effect one or more policies of insurance insuring against any liability Consultant may have for worker's compensation. (c) Professional Liability. Consultant shall carry professional liability insurance in an amount deemed by the City 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. Exhibit D Page 2 (d) Certificate of Insurance: Consultant shall take out keep policies of public liability, property, damage, worker's compensation and professional liability insurance in full force and effect during the term of" this Agreement and shall submit to City a policy, certificate or certificates of insurance evidencing such coverage prior to commencement of work. 5 . CONSULTANT NO AGENT. Except as City may specify in wiring, 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 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 subcontractor, to the City, to City employees, or to parties designated in any. Special Provisions, 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 subcontractor. Consultant shall indemnify and hold harmless the City, its officers, officials, directors, employees and agents from and against any or all loss, liability, expense, claim, costs (including costs of defense) , suits, and damages of every kind, nature and description directly or indirectly arising from the performance of the work. . Approval of the insurance contracts does not relieve the. Consultant or subcontractors from liability . under this Hold Harmless and Responsibility of Consultants clause.. Exhibit D Page 3 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 . INTEREST OF CONSULTANT. In accepting this Agreement, Consultant covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. Consultant further covenants that, in the performance of this Agreement, no subcontractor or person having such an interest shall be employed. Consultant certifies that no one who has or will have any financial interest under this Agreement is an officer, or employee of City. 12 . OWNERSHIP OF WORK PRODUCT. If requested in writing by the City, all documents prepared by, Consultant shall become the property of the City upon completion of the project or termination of this Agreement. The Consultant may retain a copy of all material produced by Consultant pursuant to this Agreement for use in its general business activities. Should the City desire to use the work completed under this Agreement for purposes other than those intended under this Agreement, the City will notify Consultant in wiring prior to any other reuse of said documents and obtain Consultant's written authorization. Exhibit D Page 4