Loading...
HomeMy WebLinkAbout4.06 SrCntrFeasibilityStudCITY CLERK FILE #600-30 AGENDA STATEMENT CITY COUNCIL MEETING DATE: August 21, 2001 SUBJECT: Consultant Services for Feasibility Study, Senior Center Report prepared by: Herma Lichtenstein, Parks & Development Manager Facilities ATTACHMENTS: 1. Consultant Services Agreement RECOMMENDATION.~~.. Approve Agreement and authorize Mayor to execute same FINANCIAL STATEMENT: The proposed fee for services is $32,000. Sufficient funds are available in the Fiscal-Year 2001-2002 Budget to execute the Agreement. DESCRIPTION: In May of 2001 City Staff solicited a Request for Proposals for a feasibility study to determine the possibility of reusing the existing Dublin Library building as a Senior Center. The original Senior Center Programming Study prepared by Group 4 in 1998 identified that the existing Library Building could be renovated for the new Senior Center but a cost benefit analysis was not included as part of the study. The proposed Feasibility Study will examine the program in relationship to the existing structure and determine if the proposed renovation changes can be made to the existing structure in a cost effective manner. The City received three proposals for the study. The architectural firms that submitted proposals were; Field Paoli Architects, BSA Architects and Noll&Tam architects. Noll&Tam Architects prepared the most comprehensive proposal and most closely met the City's requirements. Noll&Tam has successfully completed feasibility studies for several other projects including the Santa Clara Community Center and the Moraga Town Center. Staff has reviewed references for the architect. Consultant Services Agreement The proposed Consultant Services Agreement is shown in Attachment 1. work under the Agreement is shown below. A summary of the scope of TASKS la. Kick-off meeting: * Review project goals, discuss building budget expectations lb. Existing building / site evaluation: · Review existing library drawings · Site visit to observe existing library building conditions, including general structural, civil, HVAC, plumbing electrical, architectural finishes, ADA and building code compliance. N&T contract (2).doc COPIES TO: Non&~r~ ITEM NO. 2a. Program Confirmation · Review existing senior center building program · Meet with City and Senior Center staffto discuss and confirm program 2b. Code Review · Gather pertinent zoning code requirements for proposed new and renovated senior center building · Code review for proposed senior center use (both new and renovation scenarios), including ADA compliance check for new use Concept designs for reuse of existing library · 2-3 Alternative concept site and building plans for conversion of existing library into a senior center, meeting the proposed program requirements. · 1-2 Alternate site concept plans for a new senior center building and potential senior housing, (senior housing parameters provided by City) Cost Analysis: · (1) conceptual cost estimate for one selected renovated building scheme · (1) conceptual cost estimate for one new building scheme · Cost comparison of renovation scheme to a new building scheme. 5.. (2) Meetings with City Staffto discuss/review concept designs and cost comparisons 6. (1) Public presentation to City Council o Feasibility Study Report Summary to include: · Executive Summary · Building evaluation summary, including written consultant summaries · Program tabulation summary · · Code check review · Freehand presentation plan drawings of renovation and new schemes · Cost Estimate SUB-CONSULTANTS 8. 9. 10. 11. Structural/Civil Engineer: Forell Elsesser Electrical Engineer: O'Mahony & Myer Mechanical Engineer: Taylor Engineering Plumbing and Fire Prevention allowance Cost Estimating: Oppenheim Lewis It is anticipated that the feasibility study will be completedby November 2001. Once the feasibility Study is complete and if the findings show that there will be a benefit to replacing the existing building in lieu of renovation then the City will begin the Senior Housing Study for the site. Recommendation: It is the recommendation of Staff that the City Council take the following action: 1) Approve the Consultant Services Agreement in the final form attached and authorize the Mayor to execute same (Attachment 1) AGREEMENT BETWEEN CITY OF DUBLIN AND NOLL & TAM ARCHITECTS FOR CONSULTANT SERVICES SENIOR CENTER FEASIBILITY STUDY THIS AGREEMENT is made at Dublin, California, as of , 2001, by and between the CITY OF DUBLIN, a municipal corporation ("City"), and Noli & Tam, Architects, ("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. Consultafit 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 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. 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: Christopher Noll Principal, Noll &-Tam, Architects 729 Heinz Ave. Berkeley, CA 94710 Any written notice to City shall be sent to: Agreement Page 1 of 2 Herma Lichtenstein, Parks & Facilities Development Manager City of Dublin 100 Civic Plaza Dublin; CA 94568 ATTACHMENT 1 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 of 2 EXHIBIT ,4 SCOPE OF SERVICES TASKS la. Kick-off meeting: $1,800 * Review project goals, discuss building budget expectations lb. Existing building / site evaluation: $1,000 Review existing library draWings Site visit to observe existing library building conditions, including general structural, civil, HVAC, plumbing electrical, architecmm~ finishes, ADA and building code compliance. 2a. Program Confn-mation $1.,000 Review existing senior center building program Meet with City and Senior Center staffto discuss and confn-m program 2b. Code Review $1,300 Gather pertinent zoning code requirements for proposed new and renovated senior center building Code review for proposed senior center use (both new and renovation scenarios), including ADA compliance check for new use Concept designs for reuse of existing library $6,000 2-3 Alternative concept site and building plans for conversion of existing library into a senior center, meeting the proposed program requirements. (based on existing drawings, survey, &soils information provided by the City) 1-2 Alternate site concept plans for a new senior center building and potential senior housing, (senior housing parameters provided by City) o Cost Analysis: $2,500 (1) conceptual cost estimate for one selected renovated building scheme · (1) conceptual cost estimate for one new building scheme Cost comparison of renovation scheme to a new building scheme. (2) Meetings with ~ity Staffto discuss/review concept designs and cost comparisons $1,300 6. (1) Public presentation to City Council $800 Feasibility Study Report Summary to include: $2,900 · Executive Summary · Building evaluation summary, including written consukant summaries - · Program tabulation summary · Code check review · Freehand presentation plan drawings of renovation and new schemes · Cost Estimate SUB-CONSULTANT FEES 8. Structural/Civil Engineer: Forell Elsesser $4,000 "~ 9. Electrical Engineer: O'Mahony & Myer $1,800 10. Mechanical Engineer: Taylor Engineering $2,500 11. Plumbing and Fire Prevention allowance $600 12. Cost Estimating: Oppenheim Lewis $2,500 TOTAL PROPOSED FEE $30,000 Normal reimbursable expenses will be billed in addition at I. 15 times actual costs. Exhibff A Page 1 of l EXttlBIT B PAYMENT SCHEDULE Ao Bo Do Fo Go CITY shall pay CONSULTANT an amount not to exceed the total sum of $30,000 (Thirty thousand dollars) for services to be performed pursuant to this agreement. 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". The corresponding not to exceed fee for all tasks described in the "Scope of Work" shall be as follows: Design Services: $30,000 Reimbursable costs: $2,000 TOTAL FIXED FEE' $32,000 Task 4 "extra services" are to be billed on a time and material basis using the hourly rates shown below. HOURLY RATES: Principal: $125, Project Architect: $100, Draftsperson: $75. City shall review all billings for each task with the consultant, until the City has determined that the scope of services pursuant to this Agreement have been satisfactorily performed. 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. CITY shall make no payment for any extra, further or additional service pursuant to this Agreement unless such extra service and the price there for is agreed to in a written Change Order executed by the City Manager, or other designated official of the CITY, authorized to obligate CITY fi~ereto. 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. 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. The CONSULTANT is not authorized to perform any services or incur any costs whatsoever under the terms of this/Xgreement until receipt of a fully executed copy of this Agreement. Exhibff B Page 1 of 1 EXHIBIT C City shall furnish physical 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 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. Exhibff C Page 1 of 1 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 tight 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. The duration of the project is anticipated to be three months (3months) maximum. ' ' 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 fi.om 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 of Insurance. Coverage shall be at least as broad as: 1. Insurance Services Office form number GL 0002 (Ed. 1/73) coveting 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 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 EmPloye~rs 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 of 3 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 additional 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 of Coverage. 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 Subconsultants as insured under its policies or shall furnish separate certificates and endorsements for each Subconsultant. All coverages for Subconsultants shall be subject to all of the requirem6nts 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 of 3 5. CONSULTANT 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 workmanlil~e 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 alt responsibility for the work, shall bear all losses and damages '~;"'~"*~ .... ;~.4;~,1,, 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 the negligent acts errors or omissions of the Consultant or of any SubConsultant. Consultant shall indemnify, defend and hold harmless the City, its officers, officials, directors, employees and agents from and against liability, expense, claim, costs (including reasonable costs of defense), suits, and damages arising from Consultants negligent acts errors or omissions. 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. All reports, data, maps, models, charts, studies, surveys, photOgraphs, memoranda or other written documents or materials prepared by Consultant pursuant to this Agreement shall become the property of the City upon completion of the work to be performed hereunder or upon termination of the Agreement~ ~ Exhibit Page 3 of