HomeMy WebLinkAboutCC Resolution 10529 (Terra Linda Pool Renovation)RESOLUTION NO. 10529
RESOLUTION ACCEPTING A PROPOSAL FROM JONES & MADHAVAN TO
DESIGN PLANS FOR THE "TERRA LINDA POOL RENOVATION" IN AN
AMOUNT NOT TO EXCEED $60,000.00, AND AUTHORIZING THE MAYOR
TO EXECUTE THE AGREEMENT (COMMENCING ON 11/15/99 AND ENDING
ON 05/15/2001)
WHEREAS, the existing swimming pool at Terra Linda is over 38 years old and
its condition is deteriorating; and
WHEREAS, a request for Letters of Interest (LOI) and Statement of
Qualifications (SOQ) for professional, and contractual services to design and prepare
plans to renovate the Terra Linda Pool was advertised; and
WHEREAS, upon review by the City of the Proposal submitted by Jones &
Madhavan, it was determined that the Proposal received was acceptable and that their
background, experience and qualifications have satisfied the City's requirements; and
WHEREAS, the Mayor is hereby authorized to execute, on behalf of the City of
San Rafael, a Professional Services Agreement between the City of San Rafael and Jones
& Madhavan to cover services to complete renovation design plans for Terra Linda Pool
Renovation, a copy of which is attached hereto and incorporated herein; and,
WHEREAS, $578,000 shall be funded by the Capital Projects budget to design
and construct this project.
NOW, THEREFORE, IT IS HEREBY ORDERED AND RESOLVED;
ORIGINAL `o�
that the Council of the City of San Rafael hereby authorizes the Mayor to enter into an
agreement for professional services with Jones & Madhavan to cover services to
complete design plans to renovate the existing Terra Linda Pool.
I, JEANNE M. LEONCINI, City 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 held on the 15`h day of November, 1999, by the
following vote, to wit:
AYES: COUNCIL MEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
JEANN LEONCINI, City Clerk
AGREEMENT
FOR PROPOSAL FOR ARCHITECTURAL/ENGINEERING CONSULTATION
SERVICES - TERRA LINDA POOL RENOVATION
This Agreement is made and entered into this 15th day of November, 1999, 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 RENOVATION 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 property to be acquired, 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 11/15/99 and
ending on 05/15/01. 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.
OWNERSHIP OF DOCUMENTS.
The written documents and ma
terials 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.
12. INDEMNIFICATION.
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: Andv 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
Ma' or J
ATTEST:
CONTRACTOR
Jones & Madhavan
By: �.—
Name:_bLV-A; t "AC2k:k6YAA
Title: f : t?,qC_A �
Services/Professional Services
Contract Form -I (Revised 4/96)
EXHIBIT 6 99
Scope of Work/Services Statement
November 9. 1999
Page 1
A. Scope of Project
1.
Complete renovation of the existing swimming pool to
Include: replacement of mechanical systems, plumbing
systems, pool finishes, underwater lights, pool deck and pool
deck equipment.
2.
Replacement of existing wading pool with a new water
feature pool containing zero depth entry and interactive play
components.
3.
Addition of a watersiide to the existing swimming pool.
4.
Replacement of existing perimeter fencing.
5.
Replace existing shade structures.
6.
Rework landscape areas in and immediately adjacent to the
pool area.
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.
9. Renovations to the existing locker building for purposes of
providing handicap accessibility is specifically excluded from
the project The City has stated that 4 will provide those
design services if required.
B. Schematic Design
1. Meeting with City staff to ve* project scope and determine
anticipated uses for a renovated facility.
2. Review of "as -bulb documentation for proposed site
(drawings, specifications, surveys, soils report, etc.).
3. Review of proposed site to verify site conditions.
4. Prepare preliminary design documents to describe the
overall project concept and include the following:
a. Site plan.
b. Floor plan.
Scope of WorklServices Statement
November 9, 1999
Page 2
C. Roof plan.
d. (Exterior elevations.
e. Building section.
f. Pool plan.
g. Pool sections.
h. Narrative of structural, mechanical and electrical
systems.
1. Product data sheets on major mechanical
equipment
j. Construction cost estimate.
S. Submit Schematic Design Documents to City staff for review
and comment.
8. AM 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
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.
I). Site plan.
G. Floor plan.
d. Roof plats.
e. Reflected tailing plan.
f. Exterior elevations.
g. Building section.
h. Interior elevations.
L Preliminary door, window and finish schedules.
I. Structural plan.
k. Mechanical plan.
I. Plumbing plan.
M. Electrical plan.
n. Pool plan.
o. Pool sections.
p. Pod mechanical plan.
q. Pod plumbing plan.
r. Outline specifications.
S. Revised construction cost estimate to a detailed
component by component level.
Scope of WorWServices Statement
November 9. 1999
Page 3
3. Submit Design Development Documents to City Staff for
review and comment.
4. AM will provide and deliver 3 copies of all Design
Development Documents to the City. Additional copies wit
be billed as a relmbursable expense.
a. Construction Documents (Phase
1. 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.
I).
Irrigation plan and details.
Q
Site plan and details.
d.
Floor plan.
e.
Roof plan.
f.
Reflected ceiling plan.
g.
Exterior elevations.
h.
Building section.
L
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.
Oect ical plan and details.
P.
Pool plan.
q.
Pool sections.
r.
Pod details.
S.
Pool mechanical plan and details.
t.
Pod plumbing pian and details.
U.
Complete specifications.
V.
Revised construction oost estimate.
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.
Scope of Work/Services Statement
November 9, 1999
Page 4
5. Revise Construction Documents as necessary to obtain
approval from City Building and County Health Department.
6. JIM 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
Attend a pro -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 partes 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.
G. Review and authorize Contractors pay requests.
S. Prepare punct list at project substantial completion.
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. A
Scope of Work/Services Statement
November 9,1999
Page 5
9. AM will provide and deliver as -built drawings and
specifications in electronic format to the City.
G. Schedule
Following is an estimated schedule for the various phases of
work described above:
a. Schematic Design
5 weeks
b. Review of Schematic Design
2 weeks
C. Design Development
5 weeks
d. Review of Design Development
2 weeks
e. Construction Documents
10 weeks
L Review of Construction Documents'
5 weeks
g. Bidding
8 weeks
h. Constriction
20 weeks
Total 58 weeks
H. Fee
1. Following is AM proposed fee for the various phases of
work described above:
a. Schematic Design
$12,000
b. Design Development
12.000
c. Construction Documents
24,000
d. Bidding
3.000
e. Construction
9.000
Total $50,000
NOTE: Our fee includes all travel expenses for 10 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 airilar% car
rental, airport parking, bridge toll and gas.
Scope of Work/Services Statement
November. 9. 1999
Page 6
t. Additional Services
1. If additional services are requested, they will be agreed to
and based on the following hourly rate schedule.
Principal Architect
$400.00 per hour.
Principal Mechanical Engineer
$100.00 per hour.
CAD Draftsperson
$60.00 per hour.
Secretary
$40.00 per hour.
Sub -Consultants
Cost plus 15%.
Overnight and Messenger Delivery
Reproduction
Auto Mileage
Travel Outside Los Angeles
Plan Approval Fees
Cost plus 15%.
Cost plus 15%.
35¢ per mile.
Cost plus 15%.
At cost in advance.
A CORDTM
PRODUCER 3i Q9 i 4-83pO
Speare & Company
CA License #0697201
POSt Office Box 254024
Los Angeles, CA 90025-9524
INSURED
Jones & Madhavan
Attn: Nachi MadhaVan
25 500 Hawthorne Blvd., #2140
Torrence CA 94545
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10 DAY NOTICE OF CANCELLATION FOR NON-PAYMENT OF PREMIUM.
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CITY OF SAN RAFAEL SHOULD ANY OF rHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
"I'MRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
ATTN; JUDE ANTHONY DI CTA D O *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.
1400 5TH AVENUE BUT FAILURE TO MA( H NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
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RE: TERRA LINDA POOL RENOVATION
10 DAY NOTICE OF CANCELLATION FOR NON-PAYMENT OF PREMIUM.
CEi nFICATE.HQLDER.:::_-:;'
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..
CITY OF SAN RAFAEL SHOULD ANY OF rHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
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ATTN; JUDE ANTHONY DI CTA D O *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.
1400 5TH AVENUE BUT FAILURE TO MA( H NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
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