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HomeMy WebLinkAbout4.09 ArchPac SwimCtrReno CITY CLERK AGENDA STATEMENT CITY COUNCIL MEETING DATE: July 20, 1999 SUBJECT: Architectural Services for DUblin Swim Center Renovation, Phase II Report by: Paul McCreary, Recreation Supervisor EXHIBITS ATTACItED~ ....................~hiteCtural services Agreement RECOMMENDATION: ,~,,v~,~ Approve Architectural Services Agreement and authorize Mayor to execute same. FINANCIAL STATEMENT: The proposed fee for services is $13,000; sufficient funds are ......... available in the 1999-2000 budget for this project. DESCRIPTION: The I998-2003 Capital Improvement Program includes the Dublin Swim Center Deck Replacement project and the Boiler Replacement and Mechanical Building Modification project. In November 1997, the City Council approved funds to complete a study of the ...... Swim Center and develop a MasterPlan for improvements. The Swim Center Master P1an, which was approved by the City Council in April 1998, identified these projects as a high priOrity-. ~ Phase I of the Deck Replacement project was initiated in Fiscal Year l'998:9~9~"iind-Pi:0Vided 'for~ the ....... replacement of the pool deck and plaster, as well as modifications to the wading po01. Phase II of the deck replacement project, which was funded as part of the FY 1999-2000 budget, provides for the installation of a 100' long double 10Op water Slide. The Boiler Replacement and Mechanical Building Modification project, which was funded as part of the FY 1999-2000 budget, prOvides for the replacement of the existing boiler with six high efficiency pool heaters. Additionally, the project provides funding for renovation and'expanSion of the Mechanical Building to provide additional storage space. Funds were included for architectural services to prepare design and construction documents for each of these projects. Staff requested a proposal from Arch Pac, Inc., who was the architect for phase one of the project. Arch Pac, Inc. has over 15 ~years of experience designing and renovating aquatic facilities. Due to their extensive involvement in phase one, they are familiar with the facility and site. The Fiscal Year 1999- 2000 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: ' ^rch Pac, no. ITEM NO. G:~wimcn~\720ccagr. doc AGREEMENT BETWEEN CITY OF DUBLIN AND ARCH PAC, INC. FOR ARCHITECTURAL SERVICES DUBLIN SWIM CENTER RENOVATION: PHASE II THIS AGREEMENT is made at Dublin, Califomia, as of July 20, 1999, by and between the CITY OF DUBLIN, a municipal corporation ("City"), and ARCH PAC, INC., ("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. PAYME~. 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 EQUIPMENT. 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 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 A~eement, 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 o.r 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 Avenida Josefa 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 of 2 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 of 2 EXHIBIT A SCOPE OF SERVICES ARCHITECT shall provide services as hereinafter described for the renovation of the aforementioned aquatic complex. The renovation project will provide for the following: 1) replacement of the current boiler with six hi-efficiency heaters; 2) renovation and expansion of the mechanical buildin~storage area to accommodate installation of new heaters 'and to provide additional storage space for pool chemicals and equipment; 3) installation of a new 100', double loop, waterslide; and 4) preparation of a Chemical Cost-Effectiveness Study. Following is a detailed scope of services and deliverables. I. Prelim/nary Design A. ARCHITECT shall meet with CITY Parks and Community Services Department Staff to review work pro,am. B. ARCHITECT shall prepare a written study comparing the cost effectiveness of the current Pulsar chlorine system with alternative chlorine systems. If a more cost-effective alternative is discovered, ARCHITECT shall provide a summary of the annual cost savings and capital outlay needed to install the new system for review by CITY. C. ARCHITECT shall review with CITY alternative equipment options for replacement of the boiler. D. ARCHrI]ECT shall review with CITY alternative desigr! and equipment options for installation of a new 100', double loop waterslide. E. ARCHITECT shall review with CITY two (2) alternative approaches to renovation and construction of the mechanical buildin~storage area. F. Based upon the mutually a~eed upon solution, schedule and construction budget requirements, ARCI-IITECT 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.) G. ARCHITECT slSall perform code search to confirm preliminary desig-n is per applicable codes. II. Design Development A. Upon approval of Preliminary Documents and adjustments thereto, the ARCHTi'ECT 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. Elevations 2. plan views. 3. Sections. 4. Details. Exhibit A Page 1 of 3 5. Mechanical schematic with design loads. 6. Electrical schematic with design loads. 7. Outline specification in CSI format. 8. Adjust the estimate as required and provide cost per quantity take-off cost estimate. 111. Construction Documents A. Upon approval of Design Development Documents, Architect shall prepare, for CITY, Construction Documents consisting of Drawings and Specifications clearly delineating recommended materials/products and ensuring proper application, installation and/or construction. Deliverables shall include the following: 1. Layout plan and notes 2. Grading plan and notes 3. Utility plan and notes 4. Irrigation plan, details, and legend 5. Planting plan, details and legend 6. Construction details and drawings 7. Architectural Drawings a) Foundation Plan b) Floor Plan c) Roof Framing Plan d) Building Elevations and Sections e) Interior Elevations f) Plumbing Plan g) Architectural Details h) Miscellaneous Details 8. Mechanical Drawings a) Piping layout. b) Equipment room piping & layout. c) Miscellaneous details. d) Piping schematics. 9. Electrical Drawings a) Conduit/wiring layout. b) Equipment wiring diagrams. c) Miscellaneous details. d) Wiring schematics. e) Lighting and fixture details and schedule 10. Specifications a) Plans and specifications shall meet all applicable Federal, State, County and City codes and T-24 and ADA. The plans shall be capable of being attached to the CITY'S standard bid documents. b) Plans and specifications shall allow prospective bidders and the selected contractor to be capable of supplying all required materials, supplies, labor and equipment as required to complete the renovation project as desig-ned and specified. ~rhibit A Page 2 of 3 B. ARCHITECT shall assist CITY in the preparation of bidding. C. ARCHITECT shalI assist CITY with the filing documents required to receive the approval of government aUthOrities having jUrisdiction. IV. Bidding or Negotiation Phase: A. ARCHITECT 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. V. 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: i. 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. B. ARCH/TECT shall visit the site at intervals appropriate to the stage of construction to become generally familiar with the pro~ess 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, ARCH/TECT shall keep CITY informed of the pro~ess and quality of the Work. VI. 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. Pre-Bid Meeting: One (1) site visit 3. Construction: Two (2) site visits VII. Exclusions to Scope of Services A. CITY shall provide full information regarding requirements for the project, including a pro,am which shall set forth CITY'S desig-n 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 testin~engineering, including finalized geo-technical investigation report. 2. Miscellaneous: a) Plan check fees required by local and state regulatory agencies. Exhibit A Page 3 of 3 EXHIBIT B PAYMENT SCHEDULE A. City shall pay Architect an amount not to exceed the total sum of $13,000 (Thirteen Thousand) 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 EXIq~IT A "Scope of Services". B. Reimbursable Expenses are in addition to the compensation for services above and include actual expenditures made by the employees and consultants of Arch Pac, Inc. in the interest of the project including reproduction, special delivery and travel expenses. City shall reimburse expenses at cost plus 20%. C. Any required extra services, in addition to those indicated above as authorized by the City, shall be billed at the hourly rates listed below. HOURLY RATES: Principal - Architect or Engineer $115.00 per hour Associates $ 90.00 per hour CAD Operator $ 75.00 per hour Secretarial $ 50.00 per hour D. City shall retain 10% of all billings for each task, until the City has determined that the scope of services pursuant to this Agreement have been satisfactorily performed. E. The total sum stated in Section A above, in addition to reimbursable expenses, shall be the total which the CITY shall pay for the services to be rendered by ARCHITECT pursuant to this Agreement. CITY shall not pay any additional sum for any expense or cost whatsoever incurred by ARCHITECT in rendering services pursuant to this Agreement. F. 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. G. 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 ARCHITECT for all outstanding costs incurred as of the date of written notice thereof and shalI terminate this Agreement. ARCHITECT shall maintain adequate logs and timesheets in order to verify costs incurred to date. H. The ARCHITECT 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 I of 1 EXHIBIT C FACILITIES AND EQUIPMENT City shall fumish 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 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 I of l EXHIBIT D GENERAL PROVISIONS 1. INDEPENDENT ARCHITECT. 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 tight to control the means by which Amhitect 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 Ag-reement any licenses, permits, and approvals which are legally required for Architect to practice his profession. 3. TIME. Architect shall devote such time to ihe 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 REQUIR_E~NTS. 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 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 coveting 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: 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 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 of 3 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 Amhitect. 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 ag-ree 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 t° adequatelY protect the ~Chltect 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 A~eement. 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. Architect shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsem~ents 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 ~vork commences. The City reserves~the right to require complete, certified copies of all required insurance policies, at any time. (g) Subconsuttants. Architect 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 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 of 3 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 A~eement, desires the removal of any such persons, Architect shall, immediately upon receiving notice from City of such desire of City, cause the removal 6f 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 HARMI.ESS 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 a~ees 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. 10. GOVERNMENTAL REGULATIONS. To the extent that this A~eement 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 of 3