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HomeMy WebLinkAboutItem 4.07 HeritageCtrRenovation (2) e e CITY OF DUBLIN AGENDA STATEMENT v:~ q tf- February 28, ~ CITY COUNCIL MEETING DATE: SUBJECT . . Agreement with Alan R. Dreyfuss AlA and H. Ruth Todd AlA, Associated Architects for Architectural Services Heritage Center Renovation. Report by Diane Lowart, Recreation Director ~Architectural Services Agreement EXHIBITS ATTACHED : RECOMMENDATION fvf ..: Approve Agreement and Authorize Mayor to 'IV Execute Same FINANCIAL STAT~A~$141,718 is available in the ClP for the /\~" Heritage Center Renovation DESCRIPTION : Included in the 1992 - 97 Capital Improvement Program (CIP) are funds for the renovation of the Heritage Center. The proposed project entails the renovation of the Old st. Raymond's Church and the Original Murray Schoolhouse. The preliminary scope of work as identified in the CIP includes the following: 1) Church- dry rot removal/repairs, handicapped modifications, bell tower repairs, electrical upgrade and exterior painting; 2) Schoolhouse - dry rot removal/repairs, handicapped modifications, porch repair/replacement, electrical upgrade and exterior painting. Staff prepared a Request For Proposals to which five firms responded. After a review of the proposals and interviews with qualified firms, Staff determined that Alan R. Dreyfuss AlA and H. Ruth Todd AlA, Associated Architects, were best qualified to perform the work. Alan Dreyfuss has extensive preservation and construction experience and Ruth Todd is an Historic Restoration Architect specializing in projects which involve exterior restoration. The architect has proposed the following scope of services: Phase~: program Planning and Schematic Design ~. Prepare as-built drawings based on site measurements and photographs. 2. Prepare topographic survey of site. 3. Prepare history of construction from available documentation. 4. Perform structural survey and code analysis. 5. Perform ADA compliance analysis. 6. Prepare draft of recommendations, including schematic drawings of proposed improvements and preliminary cost estimate based on above data. 7. Revise recommendations and present to city Parks and Recreation Commission and city Council. Phase 2: Construction Documents 1. Prepare working drawings and technical specifications as necessary to secure approvals and define scope of work. 2. Prepare bid package and assist in selection of contractor. Prepare addenda as necessary. , The proposed fee for architectural services is $22,395. --------/lr-~------------------------------------------------------- ITEM NO.~ COPIES TO: Archi tects ~IL~I~I e . The total available funding $141,718. The project will Park District, Measure AA Fund ($3,380). for the Heritage Center Renovation is be funded through the East Bay Regional Grant ($138,338) and the Park Dedication It is the recommendation of Staff that the City Council approve the attached Agreement with Alan R. Dreyfuss AlA and H. Ruth Todd AlA, Associated Architects and authorize Mayor to execute same. e e AGREEMENT BE'lWEEN CITY OF DUBLIN AND ALAN R. DREYFUSS, AIA & H. RllTH TODD, AIA, FOR ARCHITECTURAL SERVICES HERITAGE CENTER RENOVATION THIS AGREEMENT is made at Dublin, California, as of February 28, 1994 by and between the CITY OF DUBLIN, a municipal corporation ("city"), and ALAN R. DREYFUSS & H. RUTH TODD, ASSOCIATED ARCHITECTS, ("Contractor"), who agree as follows: 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, contractor shall provide to city the services described in Exhibit A. contractor shall provide said services at the time, place and in the manner specified in Exhibit A. 2. PAYMENT. city shall pay Contractor 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 Contractor for services rendered pursuant to this Agreement. Contractor 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 contractor uses for billing clients similar to City. 3. FACILITIES AND EOUIPMENT. Except as set forth in Exhibit C, contractor 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 Contractor 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 provlslons 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 Recreation Director ("Administrator"). All correspondence shall be directed to or through the Administrator or his or her designee. Agreement Page 1 of 2 e e 7. NOTICES. Any written notice to contractor shall be sent to: Alan R. Dreyfuss, AlA & H. Ruth Todd, AlA Associated Architects 1725 Sixth Avenue Oakland, CA 94606 Any written notice to city shall be sent to: Ms. Diane Lowart, Recreation Director City of Dublin P.O. Box 2340 DUblin, CA 94568 Executed as of the day first above stated: CITY OF DUBLIN, a municipal. corporation By "city" Attest: city Clerk ALAN R. DREYFUSS AIA & H. RUTH TODD AIA ASSOCIATED ARCHITECTS By "contractor" By "Contractor" Approved as to form: city Attorney Agreement Page 2 of 2 e e EXHIBIT A SCOPE OF SERVICES Phase~: Program Planning and Schematic Design 1. Prepare as-built based drawings on site measurements and photographs. 2. Prepare topographic survey of site. 3. Prepare history of construction from available documentation. 4. Perform structural survey and code analysis. 5. Perform ADA compliance analysis. 6. Prepare draft of recommendations, including schematic drawings of proposed improvements and preliminary cost estimate based on above data. Review with city staff. 7. Revise recommendations and present to city Parks and Recreation Commission and city council. Phase 2: Construction Documents 1. Prepare working drawings and technical specifications as necessary to secure approvals and define scope of work. 2. Prepare bid package (10 sets of plans and specifications) and assist in selection of contractor. prepare addenda as necessary. Phase 3: Construction Administration 1. Visit site at intervals appropriate to phase of construction and at request of city. 2. Clarify intent of documents as requested by city or contractor including site visits as necessary. 3. prepare documentation for change orders. Exhibit A Page 1 of 1 e e EXHIBIT B PAYMENT SCHEDULE 1. city shall pay Contractor an amount not to exceed the total sum of Twenty Two Thousand, Three Hundred Ninety Five and No/100 Dollars ($22,395) for services to be performed pursuant to this Agreement as follows: a. Phase~: program planning and Schematic Design - $15,195 b. Phase 2: Construction Documents - $7,200 c. Phase 3: Construction Administration - Work pursuant to this phase is in addition to the not to exceed fee amount indicated in paragraph one above. Services provided under this phase will be billed at an hourly rate not to exceed $85.00 per hour. Work pursuant to this phase shall be performed only following written authorization by city. 2. Contractor shall submit invoices during the term of this Agreement based on the cost for services performed. Invoices shall not be submitted more often than once a month. Net payment is 30 (thirty) days. 3. The total sums stated above shall be the total which city shall pay for the services to be rendered by contractor pursuant to this Agreement. city shall not pay any additional sum for any expense or cost whatsoever incurred by contractor in rendering services pursuant to this Agreement. 4. city shall make no payment for any extra, further or additional service pursuant to this Agreement unless such extra service is agreed to in writing executed by the city Manager or other designated official of city authorized to obligate city thereto prior to the time such extra service is rendered and in no event shall such change order exceed twenty- five (25%) of the initial contract price. Extra service, if any, shall be billed at the hourly rates set forth above. 5. 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 Contractor for all outstanding costs incurred as of the date of written notice thereof and shall terminate this Agreement. contractor shall maintain adequate logs and timesheets in order to verify costs incurred to date. 6. The contractor is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of a written notice to proceed from the Recreation Department of the city of Dublin. Exhibit B Page 1 of 1 e e EXHIBIT C city shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for contractor'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. Exhibit C Page 1 of 1 e e EXHIBIT D GENERAL PROVISIONS 1. INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of city. City shall have the right to control Contractor only insofar as the results of contractor's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which contractor accomplishes services rendered pursuant to this Agreement. 2. LICENSES: PERlfITS: ETC. Contractor represents and warrants to city that he has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for contractor to practice his profession. contractor represents and warrants to City that Contractor 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 Contractor to practice his prOfession. 3. TIME. Contractor shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Contractor's obligations pursuant to this Agreement. 4. INSURANCE REOUIREHENTS. Contractor 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 contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Contractor's bid. ( a ) Minimum Scope of Insurance. broad as: coverage shall be at least 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) Hinimu11l Limits of Insurance. contractor 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. Exhibit D Page 1 of 4 e e 2. Automobile Liability: $500,000 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) Deductib~es and Se~f-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 eliminate such deductibles or self-insured retentions as respects the City, its officers, officials and employees; or the Contractor 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 Contractor; products and completed operations of the Contractor, premises owned, occupied or used by the contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations the scope of the protection afforded to the City, its officers, officials, employees and volunteers. b. The Contractor'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 Contractor'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 contractor'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 contractor for the city. 3. Professional Liability. Contractor shall carry professional liability insurance in an amount deemed by the city to adequately protect the contractor against liability caused by negligent acts, errors or omissions on the part of the Contractor 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, cancelled by either party, reduced in coverage or in limits except after thirty (30) days' ~rior written notice by certified mail, return receipt requested, has been glven to the City. Exhibit D Page 2 of 4 e e ( 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. Contractor shall furnish pity 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) SUbcontractors. contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors 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. 5. CONTRACTOR NO AGENT. Except as city may specify in writing, contractor shall have no authority, express or implied, to act on behalf of city in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind city to any obligation whatsoever. 6. ,JjSSIGNMENT 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. contractor 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, Contractor shall, immediately upon receiving notice from city of such desire of city, cause the removal of such person or persons. 8. Sl'ANDARD OF PERFORMANCE. contractor 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 contractor is engaged in the geographical area in which contractor practices his profession. All instruments of service of whatsoever nature which Contractor 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 contractor's profession. Exhibit D Page 3 of 4 - \: 9. HOLD HARMLESS AND INDEMNITY. The contractor agrees to hold harmless and indemnify the city, its officers and employees from and against liabilities, damages, losses and expenses, including reasonable attorney's fees, to the extent caused by an act, error or omission negligently committed by the Contractor in the rendering or failing to render professional services under the terms and conditions of this agreement. This provision shall not apply to any claim, damage, loss or expense arising directly or indirectly out of the negligence or willful conduct on the part of the city of Dublin or any of its officers or employees. Approval of the insurance contracts does not relieve the Contractor or subcontractors from liability under this paragraph. 10. GOVERNMENTAL REGULATIONS. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, contractor 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 shall have full and complete access to Contractors calculations, drawings, specifications and other documents during progress of work. If specifically requested in writing by the City, all such documents prepared by Contractor may become the property of the Ci ty upon completion of the project or termination of this agreement. The Contractor may retain a copy of all material produced by Contractor pursuant to this agreement for use in its general business activities. Should the City desire to use the work completed under this agreement, the City will notify Contractor in writing prior to any other reuse of said documents and will indemnify and hold harmless the Contractor for any such use. 12. ARBITRATION. Any controversy or claim arising out of or relating to this agreement, or the breach thereof, shall be settled by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbi trator (s) may be entered into any court having jurisdiction thereof. As a precedent to any arbitration, Contractor and city agree to enter into good faith mediation under the auspices and rules of the American Arbitration Association. Exhibit D Page 4 of 4