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HomeMy WebLinkAboutCC Resolution 10766 (Terra Linda Pool Rebuild)RESOLUTION NO. 10766 A RESOLUTION ACCEPTING A PROPOSAL FROM JONES & MADHAVAN FOR THE "TERRA LINDA POOL REBUILD" IN AN AMOUNT NOT TO EXCEED $55,000.00 AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT. WHEREAS, the condition of the existing Terra Linda Pool has deteriorated and does not meet some of the current health code requirements; and WHEREAS, the initial design Proposal did not satisfy most of the community's requests and preferences; and WHEREAS, on January 16, 2001, the City Council approved an option to rebuild and enhance the pool; and WHEREAS, upon review by the City of the Proposal submitted by Jones & Madhavan, it was determined that the Proposal received to redesign the pool was acceptable; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Rafael that the Proposal by Jones & Madhavan is accepted in the amount not exceed $55,000.00; and RESOLVED, FURTHER, that the Council does hereby authorize the Mayor to enter into an Agreement for Professional Services to cover services to redesign plans for the Terra Linda Pool Rebuild. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on the 5"' day of February, 2001, by the following vote, to wit: to NO AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JE -") ON INI, City Berk File No.: AGREEMENT WITH JONES & MADHAVAN FOR ARCHITECTURAL/ENGINEERING CONSULTATION SERVICES - TERRA LINDA POOL REBUILD PROJECT This Agreement is made and entered into this 5th day of February. 2001. by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and Jones & Madhavan. (hereinafter "CONTRACTOR"). RECITALS WHEREAS, CITY desires to renovate existing swimming pool to include the following: replacement of mechanical systems, plumbing systems, pool finishes, underwater lights, pool deck and pool deck equipment, including related support services from CONTRACTOR for the TERRA LINDA POOL REBUILD PROJECT, and, WHEREAS, CITY has determined that CONTRACTOR services best meet the needs of the Public Works Department of CITY. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. DEFINITIONS. CITY and CONTRACTOR have outlined the scope of services to be provided, and related expenses as described in Exhibit "A" attached and incorporated herein. 2. PROJECT COORDINATION. A. CITY. The City Manager shall be the representative of the CITY for all purposes under this Agreement. The Public Works Director, or his designee, is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. CONTRACTOR. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. The CONTRACTOR, represented by Nachi Madhavan, Principal, or his designee, is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR for any reason, the CONTRACTOR shall notify the CITY within ten (10) business days of the substitution. 3. DUTIES OF CONTRACTOR. • CONTRACTOR shall provide complete renovation; schematic design; design development; construction documents of existing aquatic facility; • CONTRACTOR shall provide bidding phase services for the project; • CONTRACTOR shall provide construction administration for the project; CONTRACTOR shall perform the duties and/or provide services as described in Exhibit "A" attached and incorporated herein. 4. DUTIES OF CITY. CITY shall perform the duties as described in Exhibit "A" attached and incorporated herein. 5. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR as described in Exhibit "A" attached and incorporated herein. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. 6. TERM OF AGREEMENT. The term of this Agreement shall be for (1_5) year(s) commencing on 02/05/01 and ending on 08/05/02. Upon mutual agreement of the parties, and subject to the approval of the City Manager (or City Council, if appropriate), the term of this Agreement shall be extended for an additional period of (0_5) year(s). 7. TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. 8. OWNERSIIIP OF DOCUMENTS. The written documents and materials prepared by the CONTRACTOR in connection with the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement. 9. INSPECTION AND AUDIT. Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONTRACTOR in connection with its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in any such audit or inspection. 10. ASSIGNABILITY. The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 11. INSURANCE. A. During the term of this Agreement, CONTRACTOR shall maintain, at no expense to CITY, the following insurance policies: 1. A comprehensive general liability insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence for death, bodily injury, personal injury, or property damage; 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence; 3. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million ($1,000,000) dollars to cover any claims arising out of the CONTRACTOR's performance of services under this Agreement. B. The insurance coverage required of the CONTRACTOR by section 11. A., shall also meet the following requirements: 1. The insurance shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or coverage for any contribution; 2. Except for professional liability insurance, the insurance policies shall be endorsed for contractual liability and personal injury; 3. Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additionally named insureds under the policies. 4. CONTRACTOR shall provide to PROJECT MANAGER, (a) Certificates of Insurance evidencing the insurance coverage required herein, and (b) specific endorsements naming CITY, its officers, agents, employees, and volunteers, as additional named insureds under the policies. 5. The insurance policies shall provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon thirty (30) days written notice to CITY's PROJECT MANAGER; 6. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years; 7. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement; 8. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. C. If it employs any person, CONTRACTOR shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability for injuries to CONTRACTOR's officers and employees. D. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the PROJECT MANAGER and the City Attorney. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. CONTRACTOR shall indemnify, release, defend and hold harmless CITY, its officers, agents, employees, and volunteers, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees and administrative costs, arising out of or resulting in any way, in whole or in part, from any acts or omissions, intentional or negligent, of CONTRACTOR or CONTRACTOR'S officers, agents and employees in the performance of their duties and obligations under this Agreement. 13. NONDISCRIMINATION. CONTRACTOR shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 14. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 15. NO THIRD PARTY BENEFICIARIES. CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 16. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY: Andy Preston (Project Manager) City of San Rafael 1400 Fifth Ave. (P.O. Box 151560) San Rafael, CA 944915-1560 TO CONTRACTOR: Nachi Madhavan (Principal) 25500 Hawthorne Boulevard Suite 2140 Torrance, CA 90505 17. INDEPENDENT CONTRACTOR. For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 18. ENTIRE AGREEMENT -- AMENDMENTS. A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONTRACTOR and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 19. SET-OFF AGAINST DEBTS. CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 20. WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 21. COSTS AND ATTORNEY'S FEES. The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 22. CITY BUSINESS LICENSE / OTHER TAXES. CONTRACTOR shall pay any and all state and federal taxes and any other applicable taxes. CONTRACTOR's taxpayer identification number is 33-039-2774. and CONTRACTOR certifies under penalty of perjury that said taxpayer identification number is correct. 23. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL Mayor ALBERT`d: KORO ATTEST: kClerk JEANNE lel. LEONCINI ANTI CONTRACTOR Jones & Madhavan By: Name:_tje..,,, t.•1�,�,dl Title: Services/Professional Services Contract Form -1 (Revised 4/96) EXHIBIT "A" Scope of Work/Services Statement January 23, 2001 Page 1 A. Scope of Project 1. Replacement of the existing swimming pool and associated mechanical systems, plumbing systems, pool finishes, electrical systems, pool deck and pool deck equipment. The pool will be approximately 75'x 60' with an extension of approximately 900 square feet and have depths ranging from 3' to 13' and include a waterslide. 2. Replacement of the existing wading pool and associated mechanical systems, plumbing systems, pool finishes, electrical systems, pool deck and deck equipment. The pool will have water depths ranging from a zero depth entry to 18" and include interactive play components. 3. Replacement of existing perimeter fencing with a combination of materials including chain link, wood, concrete masonry unit and tubular steel. 5. Replace existing shade structures. 6. Rework landscape areas in and immediately adjacent to the pool area and include enhanced amenities as indicated in the October 11, 2000 plan developed by community representatives. 7. Rework existing equipment rooms to accommodate new pool mechanical equipment. 8. Addition of a new entry kiosk building which will incorporate concessions and check-in services. The previous design will be used in its entirety. B. Schematic Design 1. Meeting with City staff to verify project scope and determine anticipated uses for a renovated facility. 2. Review of "as -built" documentation for proposed site (drawings, specifications, surveys, soils report, etc.). 3. Review of proposed site to verify site conditions. Scope of Work/Services Statement January 23, 2001 Page 2 4. Prepare preliminary design documents to describe the overall project concept and include the following: a. Site plan. b. Floor plan. C. Roof plan. d. Exterior elevations. e. Building section. f. Pool plan. g. Pool sections. h. Narrative of structural, mechanical and electrical systems. i. Product data sheets on major mechanical equipment. i. Construction cost estimate. 5. Submit Schematic Design Documents to City staff for review and comment. 6. J&M will provide and deliver 3 copies of all Schematic Design Documents to the City. Additional copies will be billed as a reimbursable expense. C. Design Development 1. Meeting with City staff to review Schematic Design Documents. 2. Incorporate Schematic Design review comments into Design Development Documents that will include the following: a. Landscape plan. b. Site plan. C. Floor plan. d. Roof plan. e. Reflected ceiling plan. f. Exterior elevations. g. Building section. h. Interior elevations. i. Preliminary door, window and finish schedules. j. Structural plan. k. Mechanical plan. I. Plumbing plan. M. Electrical plan. n. Pool plan. Scope of Work/Services Statement January 23, 2001 Page 3 o. Pool sections. p. Pool mechanical plan. q. Pool plumbing plan. r. Outline specifications. S. Revised construction cost estimate to a detailed component by component level. 3. Submit Design Development Documents to City Staff for review and comment. 4. J&M will provide and deliver 3 copies of all Design Development Documents to the City. Additional copies will be billed as a reimbursable expense. D. Construction Documents Phase Meeting with City staff to review Design Development documents. 2. Incorporate Design Development review comments into Construction Documents that will describe in full detail all components of the project and will include the following: a. Landscape plan and details. b. Irrigation plan and details. C. Site plan and details. d. Floor plan. e. Roof plan. f. Reflected ceiling plan. g. Exterior elevations. h. Building section. i. Interior elevations. j. Building details. k. Door, window and finish schedules. I. Structural plan and details. M. Mechanical plan and details. n. Plumbing plan and details. o. Electrical plan and details. p. Pool plan. q. Pool sections. r. Pool details. S. Pool mechanical plan and details. t. Pool plumbing plan and details. U. Complete specifications. V. Revised construction cost estimate. Scope of Work/Services Statement January 23, 2001 Page 4 3. Submit Construction Documents to City Staff for review and comment. 4. Submit Construction Documents to City Building Department and County Health Department for plan approvals. 5. Revise Construction Documents as necessary to obtain approval from City Building and County Health Department. 6. J&M will provide and deliver 3 copies of all Construction Documents to the City. Additional copies will be billed as a reimbursable expense. E. Bidding Phase 1. Provide a list of possible contractor's for the project. 2. Attend a pre-bid meeting with potential contractors. 3. Respond to contractor's requests for information. 4. Prepare and distribute addendums to construction documents if necessary. 5. J&M will provide and deliver 1 reproducible set of drawings and specifications for use in printing bid sets to the City. F. Construction Administration 1. Attend a pre -construction meeting with the selected contractor. 2. Attend monthly site visits to verify contractor's work is in conformance with approved construction documents. Prepare and distribute meeting notes to all parties in attendance. 3. Respond to contractor's requests for information during construction. 4. Prepare proposal requests and change orders as necessary during the course of construction. 5. Review and authorize Contractors pay requests. 6. Prepare punch list at project substantial completion. Scope of Work/Services Statement January 23, 2001 Page 5 7. Prepare as -built drawings based on information provided by Contractor. 8. J&M will provide and deliver 1 reproducible set of as -built drawings to the City. 9. J&M will provide and deliver as -built drawings and specifications in electronic format to the City. G. Schedule H. Fee Following is an estimated schedule for the various phases of work described above: a. Schematic Design 4 weeks b. Review of Schematic Design 2 weeks C. Design Development 4 weeks d. Review of Design Development 2 weeks e. Construction Documents 6 weeks f. Review of Construction Documents 4 weeks g. Bidding 8 weeks h. Construction 28 weeks Total 58 weeks Following is J&M's proposed fee for the various phases of work described above: a. Schematic Design (Addition) $13,750 b. Design Development (Addition) 13,750 C. Construction Documents (Addition) 27.500 Sub -Total $55,000 d. Bidding (Remaining on Contract) 3,000 e. Construction (Remaining on Contract) 91000 Total $67,000 NOTE: Our fee includes all travel expenses for 12 meetings in San Rafael. If additional meetings are required, they will be billed as a reimbursable expense. The estimated cost for each trip to San Rafael is $350.00 and includes airfare, car rental, airport parking, bridge toll and gas. Scope of Work/Services Statement January 23, 2001 Page 6 1. Additional Services 1. If additional services are requested, they will be agreed to and based on the following hourly rate schedule. Principal Architect $105.00 per hour. Principal Mechanical Engineer $105.00 per hour. CAD Draftsperson $63.00 per hour. Secretary $42.00 per hour. Sub -Consultants Cost plus 15%. Overnight and Messenger Delivery Cost plus 15%. Reproduction Cost plus 15%. Auto Mileage 35¢ per mile. Travel Outside Los Angeles Cost plus 15%. Plan Approval Fees At cost in advance.