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HomeMy WebLinkAbout2004 CON Jones & Madhavan - Municipal Pool RenovationAGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND JONES AND MADHAVAN ARCHITECTURE ENGINEERING ORIGINAL THIS AGREEMENT is entered into this 21st day of September, 2004, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Jones and Mad havan Architecture Engineering (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide the City with the architectural design services for the National City Municipal Swimming Pool facility renovation. WHEREAS, the CITY has determined that the CONTRACTOR is a professional Architectural/Engineering consulting firm, and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit "A". The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit "A" to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10% from the base amount. Revised October 2003 3. PROJECT COORDINATION AND SUPERVISION. Din Daneshfar hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRA- CTOR. Mr. Nachi Madhavan thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed the schedule given in Exhibit "A" (the Base amount) without prior written authorization from the City. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A" as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "A". 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CITY's purposes, and the 2 Revised October 2003 CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the. CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subcontractors, as the CONTRACTOR- may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 3 Revised October 2003 10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONTRACTOR warrants to the CITY that itis not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR's professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 4 Revised October 2003 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's negligent performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to 5 Revised October 2003 purchase and maintain throughout the term of this agreement, the following insurance policies: ® A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of CONSULTANT's employees. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agree- ment. H. Any aggregate insurance limits must apply solely to this Agree- ment. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not Tess than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or 6 Revised October 2003 suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60- day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by 7 Revised October 2003 overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: To the CONTRACTOR: Stephen M. Kirkpatrick Accting Director of Public Works/Egineering City of National City 1243 National City Boulevard National City, CA 91950-4301 Nachi Madhavan Principal Jones and Madhavan Architecture Engineering 100 East Toussand oaks Boulevard, suite 211 Thousaand Oaks, CA 91360 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. 8 Revised October 2003 n If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections: of this. Agreementare solely for the: convenience of.the_ parties hereto;: are not a part -.of :this _Agreement, and shall notbe used- for the ;interpretation.: or.; determination of the validity of this Agreement or anyprovision hereof. D. No Obligations to Third ..Parties. Except as otherwise' expressly provided herein, the execution and delivery• of this Agreement shall not :be deemed to. . conferany rights upon, or obligate any of the parties hereto,,,toaany person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached ° r hereto are -hereby incorporated herein by this reference for all. purposes.: Exhibit A — Scope of Services Exhibit B — Fee Schedule Exhibit C — Firm's Biography F. . Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agree- ments, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the 9 Revised October 2003 drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ni6k II zthnz , ayor APPROVED AS TO FORM: NIL George H. Eiser, III City Attorney 10 Jones & Madhavan, Architecture Engineering (Two signatures required for a corporation) By: (Name) 1'L c I+i (Title) (Title) Revised October 2003 EXHIBIT "A" A Scope of Services 1. Preliminary Design Phase a. Meet with City to verify exact scope of work. b. Review of City provided as -built documents: c. Field visits as required to verify and document existing conditions. d. Prepare Preliminary Drawings for all disciplines. Drawings will include: i. Architectural. ii. Structural Engineering. iii. Electrical Engineering. iv. Mechanical Engineering. v. Aquatic Engineering. e. Prepare estimate of probable construction cost. f. Submit 3 copies of Preliminary Drawings to City for review. 2. Construction Documents Phase a. Meet with City to discuss Preliminary Design review comments: b. Make revisions to Preliminary Design in accordance with City's review comments. c. Prepare Construction Drawings for all disciplines. Drawings will include: i. Architectural. ii. Structural Engineering. iii. Electrical Engineering. iv. Mechanical Engineering. v. Aquatic Engineering. d. Prepare Construction Specifications for all disciplines. Specification sections will include: i. Architectural. ii. Structural Engineering. iii. Electrical Engineering. iv. Mechanical Engineering. v. Aquatic Engineering. e. Prepare revised estimate of probable construction cost. f. Submit 3 copies of Construction Documents to City for review. 1 EXHIBIT "A" (continued) 3. Jurisdictional Review Phase a. Submit Construction Documents to County Environmental Health Department for review. Plan review fee and printing costs will be paid by City. b. Submit Construction Documents to City Building Department for review. Plan review fee and printing costs will be paid by City. c. Make revisions to Construction Documents as necessary to obtain approval for County Environmental Health and City Building Departments. 4. Bidding & Construction Phase a. Provide City with list of potential contractors. b. Attend Preconstruction meeting at site. c. Answer questions from bidders and assist in the preparation of addendums if necessary. d. Attend preconstruction conference. e. Attend 8 site visits during construction to verify contractor's work is in conformance with Contract Documents. f. Attend site visit at substantial completion and prepare punch -list of items to be completed. g. Respond to contractor's RFIs (Request for Information). h. Review contractor's submittals. i. Review contractor's CORs (Change Order Request). B Scope of Work Services will be provided for preparation of design documents for the following construction work: 1. Remove existing Wading Pool complete. Work to include: a. Remove associated concrete structure. b. Remove associated buried piping from pool to equipment room. c. Remove associated electrical conduit from pool to equipment room. d. Remove associated mechanical equipment (filters, pumps, heater and water sanitation system). 2. Construct new Play Feature Pool with a surface area between 1,500 and 2,000 square feet. Specific components to include: a. Zero depth entry on one side. b. Maximum water depth of 18 inches. c. Three to five water spray features. d. Reinforced shotcrete structure. e. Associated buried plumbing system from pool to equipment room. f. Associated mechanical equipment (filters, pumps, heater and water sanitation system). g. Electrical connections to mechanical equipment. 2 EXHIBIT "A" (continued) 3. Remove plaster and tile finishes in Swimming Pool: 4. Install new plaster and tile finishes in Swimming Pool: 5. Remove existing main drains in Swimming Pool. Work to include: a. Remove drain grates. b. Remove concrete basin in pool structure. c. Remove concrete pool floor to expose piping. d. Remove main drain piping from pool to equipment room. 6. Install new main drains in Swimming Pool. Work to include: a. Install new drain grates. b. Construct new reinforced concrete basin. c. Construct new reinforced concrete floor over pipe trenches. d. Install new main drain piping from pool to equipment room. 7. Install new rope anchors in pool wall at 4'-6" depth of Swimming Pool. 8. Install new tile band on pool floor at 4'-6" depth of Swimming Pool. 9. Remove Swimming Pool mechanical equipment to include above ground plumbing, filters, pump, heaters and water sanitation system. 10. Install new Swimming Pool mechanical equipment to include above ground plumbing, filters, pump, heaters and water sanitation system. 11. Remove buried Swimming Pool plumbing from pool to equipment room. 12. Install new buried Swimming Pool plumbing from pool to equipment room. 13. Remove floor return inlets. 14. Install new floor return inlets. 15. Remove reinforced concrete pool deck complete. 16. Install new reinforced pool deck. 17. Install new pool deck drainage system to include: a. Area drains. b. Piping from area drains to approved point of discharge. 18. Install new tile deck signage. 19. Install new grab rails, handrails and deck anchors. 20. Install new starting block anchors, water polo goal anchors and stanchion sockets. 3 21. Install new disabled access lift and deck anchors. 22. Install new diving stand, board and anchors. 23. Reinstall existing waterslide. 24. Remove perimeter fencing. 25. Install new tubular steel fencing. 26. Remove overhead pool lighting to include: a. Light standards. b. Light heads. c. Conduit from light standards to equipment room. 27. Install new overhead pool lighting to include. a. Light standards. b. Light heads. c. Conduit from light standards to equipment room. 28. Remove sealant in floor of Swimming Pool. 29. Install new sealant in floor of Swimming Pool. Attachment: Exhibit "B" Exhibit "C" EXHIBIT "B" C Design Fee Our Design Fee will be $95,000.00 and apportioned as follows: Preliminary Design Construction Documents Jurisdictional Review Bidding & Construction Total $33,250 $47,500 $4,750 $9,500 $95,000 A complete breakdown of our fee as it correlates to the Scope of Services outlined previously is as follows: 1. Design Development Phase a. b. c. d. e. f. 2. Principal Architect Principal Architect Principal Engineer Principal Architect Principal Engineer Principal Architect 5 hours x $120/hour 4 hours x $120/hour 4 hours x $120/hour 4 hours x $120/hour 4 hours x $120/hour 70 hours x $120/hour Principal Engineer 40 hours x $120/hour CAD Drafter 140 hours x $66/hour Electrical Engineer — Consultant Structural Engineer — Consultant Principal Architect 5 hours x $120/hour Principal Engineer 5 hours x $120/hour Administrative 2 hour x $44/hour Construction Documents Phase a. b. c. d. e. f. Principal Architect 4 hours x $120/hour Principal Architect 8 hours x $120/hour CAD Drafter 20 hours x $66/hour Principal Architect 80 hours x $120/hour Principal Engineer 60 hours x $120/hour CAD Drafter 180 hours x $66/hour Electrical Engineer — Consultant Structural Engineer — Consultant Principal Architect 40 hours x $120/hour Principal Engineer 8 hours x $120/hour Principal Architect 5 hours x $120/hour Principal Engineer 5 hours x $120/hour Administrative 2 hour x $44/hour 3. Jurisdictional Review Phase a. Administrative 2 hour x $44/hour b. Administrative 2 hour x $44/hour c. Principal Architect 20 hours x $120/hour CAD Drafter 33 hours x $66/hour 5 $600.00 $480.00 $480.00 $480.00 $480.00 $8,400.00 $4,800.00 $9,240.00 $3,000.00 $4,000.00 $600.00 $600.00 $88.00 $480.00 $960.00 $1,320.00 $9,600.00 $7,200.00 $11,880.00 $4,000.00 $5,000.00 $4,800.00 $960.00 $600.00 $600.00 $88.00 $88.00 $88.00 $2,400.00 $2,178.00 EXHIBIT "B" (continued) • 4. Bidding & Construction Phase a. b. c. d. e. f. 9- h. Administrative Principal Architect Principal Architect Principal Architect Principal Architect Principal Architect Principal Architect Principal Architect Principal Architect D Schedule 1 hour x $44/hour 4 hours x $120/hour 8 hours x $120/hour 4 hours x $120/hour 32 hours x $120/hour 5. hours x $120/hour 12 hours x $120/hour 12 hours x $120/hour 2 hours x $120/hour $44.00 $480.00 $960.00 $480.00 $3,840.00 $600.00 $1,440.00 $1,440.00 $240.00 A schedule for the scope of services outlined in Exhibit "A" is as follows: 1. Preliminary Design 2. City Review of Preliminary Design 3. Construction Documents 4. Jurisdictional Review 5. Bidding 6. Construction 9/27/04 to 11/5/04 (6 weeks) 11/8/04 to 11/19/04 (2 weeks)* 11/22/04 to 1/14/05 (8 weeks) 1/17/04 to 2/11/05 (4 weeks)* 2/14/05 to 3/25/05 (6 weeks) 3/28/05 to 8/12/05 (20 weeks) The review period indicated is an estimation. The schedule can be compressed or lengthened depending on the City and other regulating agencies availability to review documents. INTRODUCTION Exhibit "C" Catalina Island Aquatic Center Los Angeles Southwest College Physical Education Facility Pasadena City College Pool Jones & Madhavan Architecture Engineering is a multi- disciplinary design firm dedicated to providing the highest quality architecture and engineering services for public aquatic facilities. Since being founded in 1990, JMAE has repeatedly demonstrated its ability to design modern aquatic facilities that meet the ever changing needs of its users. JMAE's aquatic experience is varied in scope and includes a wide range of services However, there is one constant, the firm's dedication to placing the needs of their client at the forefront of every design. To ensure this, JMAE has adopted a hands-on project management style by assigning one of the firm's principals as the main point of contact between the client and all other individuals involved with the project. This management approach has proven to be the key reason for JMAE's success in a very competitive market. In working for public agencies throughout California, JMAE has developed an impressive list of repeat clients. JMAE intends to provide the highest level of professional design services available to its clients. In order to facilitate this goal, a design team that complements the capabilities of JMAE has been compiled. Each consultant is highly accomplished in their respective discipline and has experience with aquatic facilities. Since its inception, JMAE has evolved into a full -service firm that is capable of being the single source for all design services necessary for an aquatic facility. Some of the in-house services provided by JMAE include: Renovation Analysis Programming Architecture Mechanical Engineering Aquatic Facility Design Aquatic Engineering - Construction Management JMAE's commitment to design excellence and furthering the advancement of the aquatic industry is proven and has been recognized by industry publications such as AQUATICS INTERNATIONAL magazine where several of JMAE's projects have received recognition. Particulars of JMAE include: Organization General Partnership Doug Jones, PE, Partner Nachi Madhavan, AIA, Partner Insurance $1,000,000 - Professional Liability $2,000,000 - General Liability $1,000,000 - Automobile Liability $1,000,000 - Workers Compensation Date of Inception February 1990 Address 100 East Thousand Oaks Boulevard, Suite 211 Thousand Oaks, California 91360 Telephone (805) 777-8449 Facsimile (805) 777-8489 Web Address http://www. jmae.com E-Mail Address info@jmae.com 91 JONES & MADHAVAN ARCHITECTURE ENGINEEN G City of National City, California COUNCIL AGENDA STATEMENT iIEETING DATE September 21, 2004 16 AGENDA ITEM NO. / ITEM TITLE A Resolution of the City Council of National City approving an agreement with Jones and Madhavan Architecture Engineering for $95,000 to provide architectural services for the National City Municipal Swimming Pool facility renovation project Din Daneshfar Public Works/Engineering PREPARED BY 336-4387 DEPARTMENT EXPLANATION See attached explanation. Environmental Review X N/A Financial Statement Approved By The amount for the Contract Agreement is $95,000. Funding is available through Account No. 243-409-500-598-4097. Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 200(11-ia y 1. Resolution 2. Three Proposed Contract Agreements A-200 (9/99) RE: A Resolution of the City Council of National City approving an agreement with Jones and Madhavan Architecture Engineering for $95,000 to provide architectural services for the National City Municipal Swimming Pool facility renovation project. On February 22, 2000, a contract was awarded to Jones and Madhavan Architecture Engineering to develop a Master Plan for the upgrade/maintenance of the National City Municipal Swimming Pool. On November 29, 2000, the final review of the Master Plan was completed. The Master Plan was submitted to the City Council and approved. Based upon the Master Plan the total estimated cost of the complete improvements was $2,000,000. The funds were not available for the completion of the entire project. Staff requested the Consultant to review the proposed work and the cost, and propose the minimum required work. The Consultant has reviewed the proposed Master Plan and submitted a revised proposal with the following recommendations: As of this date, the City has received State Parks and Recreation grants, and CDBG funds in the amount of $880,000, and general funds budgeted in the amount of $245,000, for a total amount of $1,125,000. The total estimated cost to complete the project is $2,000,000. However, the City is required to proceed with the project design and construction in order not to lose a major portion of the Parks and Recreation grants (approximately $500,000). In order to proceed with the project it is proposed to complete the project in two phases. The total cost for the first phase of the project is estimated at $1,045,000 which includes the design cost ($95,000) and construction cost ($950,000). The first phase of the project will include the following general construction improvements: 1. Remove and replace main swimming pool including pumping and filtering equipment and associated piping/plumbing system. 2. Remove existing Wading Pool. 3. Construct new Play Feature Pool with a surface area between 1,500 and 2,000 square feet including pumping equipment, filtering, and piping system. 4. Remove and replace pool deck. 5. Install new fencing. The detailed scope of work is described in Exhibit "A". The staff's recommendation is to proceed with the first phase of the project, and then move to the next phase based upon the availability of the funds. We will continue to seek funding through State Grants. In order to proceed to the design phase, staff has recommended the Jones and Madhavan firm to provide the consulting services for the preparation of the plans and specifications. Jones & Madhavan firm is familiar with the proposed work, and has demonstrated high competency during the preparation of the Master Plan. Staff is confident that this firm will provide quality design services for the project. 1 RESOLUTION NO. 2004 —184 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH JONES AND MADHAVAN ARCHITECTURE ENGINEERING FOR THE NATIONAL CITY MUNICIPAL SWIMMING POOL RENOVATION WHEREAS, the City desires to employ a Contractor to provide the City with the architectural design services for the National City Municipal Swimming Pool facility renovation; and WHEREAS, the City has determined that Jones and Madhavan Architecture Engineering is a professional Architectural/Engineering consulting firm, and is qualified by experience and ability to perform the services desired by the City, and is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with Jones and Madhavan Architecture Engineering for the National City Swimming Pool renovation. Said agreement is on file in the office of the City Clerk. PASSED AND ADOPTED this 21stday of September, 2004. Nick Inzun a, yor ATTEST: Mic el Dalla, Cit Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on September 21, 2004, by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Parra, Ungab. Nays: None. Absent: Councilmember Inzunza. Abstain: None. AUTHENTICATED BY: NICK INZUNZA 5 CityClerk of tKe of National City, California y ty, By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2004-184 of the City of National City, California, passed and adopted by the Council of said City on September 21, 2004. City Clerk of the City of National City, California By: Deputy City of National City Office of the City Clerk 1243 National City Boulevard, National City, California 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 September 28, 2004 Nachi Madhavan, Principal Jones and Madhavan Architecture Engineering 100 East Tousand Oaks Boulevard Suite 211 Thousand Oaks CA 91360 Dear Nachi Madhavan, On September 21, 2004, Resolution No. 2004-184 was passed and adopted by the City Council of the City of National City, authorizing the Mayor to execute an agreement with Jones and Madhavan Architecture Engineering for the National City Municipal Swimming Pool Renovation. We are forwarding a certified copy of the above Resolution and one fully executed original agreement. Sincerely, �VvtLio Martha L Alvarez, CMC Deputy City Clerk /mla Enclosure cc: Public Works / Engineering FileNo. C2004-46 ® Recycled Paper