Loading...
HomeMy WebLinkAboutCC Resolution 6586 (Pickleweed Center Architectural Services)RESOLUTION NO. 6586 A RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREE1v1EN'f THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, a contract, lease or agreement with JIM RING, A.I.A., for architectural services for Pickleweed Park Community Center a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly intro- duced and adopted at a regular meeting of the City Council of said City held on Monday the eighteenth day of July 1983 ,by the following vote, to wit: AYES: COUNCILMEMBERS:Breiner, Frugoli, Jensen, Miskimen & NOES: COUNCILMEMBERS :None ABSENT: COUNCILME1IDERs:None Mayor Mulryan I ' J ANNE M. LEONCINI, City Clerk AGREEMENT FOR ARCHITECTURAL SERVICES (CONSTRUCTION CONTRACT ADMINISTRATION - PICKLEWEED PARK COMMUNITY CENTER) THIS AGREEMENT, entered into this eighteenth day of July, 1983, between the City of San Rafael, a municipal corporation of the State of California (owner) located at 1400 Fifth Avenue, San Rafael, California 94901, and Andrew James Ring III, AlA Architect, Inc. (Architect) located at 200 Tarnal Vista Boulevard, Building 100, Suite 150, Corte Madera, California 94925. RECITALS The Owner has previously retained the services of another architect to prepare plans for this project (Pickle- weed Community Center, San Rafael) and has subsequently ter- minated that architectural services contract in accordance with the contract terms. The Owner now desires to retain the services of Architect to provide Construction Contract Administration and related services. AGREEMENT OWNER AND ARCHITECr AGREE AS FOLLOWS: , ) ARTICLE 1 1.1 DESIGNATED SERVICES The Architect's Designated Services consist of those services agreed to be performed directly by the Architect, through the Architect by utilization of Outside Services, and by Coordination Services performed by the Architect on services provided by the Owner, for and necessary to the Project, as identified and described in the Scope of Designated Services attached to and made a part of this Agreement. (Exhibit "A") 1.2 CONSTRUCTION CONTRACT ADMINISTRATION PHASE The following terms and conditons shall apply to the relevent Construction Contract Administration Phase services, as included in the Scope of Designated Services attached to and made a part of this Agreement. 1.2.1 The Construction Phase will commence with the award of the Contract for Construction and, together with the Architect's obligation to provide services under this phase of the Agreement, will terminate when final payment to the Contractor is due, or in the absence of a final Certificate for Payment or of such due date, sixty days after the Date of SUbstantial Completion of the Work, whichever occurs first. 1.2.2 Unless otherwise provided in this Agreement and incorporated in the Contract Documents, the Architect shall provide administration of the Contract for Construction as set forth below and in the edition of AlA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. 1.2.3 The Architect shall be a representative of the Owner during the Construction Phase, and shall advise and consult with the Owner. Instructions to the Contractor shall be forwarded through the Architect. The Architect shall have authority to act on behalf of the Owner only to the extent provided in the Contract Documents unless otherwise modified by written instrument in accordance with Subparagraph 1.2.16. 1.2.4 The Architect shall visit the site at intervals appropriate to the stage of construction or as otherwise agreed by the Architect in writing to become generally familiar with the progess and quality of the Work and to determine in general if the Work is proceeding in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of such on-site observations as an architect, the Architect shall keep the O~ner informed of the progress and quality of the Work, and shall endeavor to guard the Owner against defects and defi- ciencies in the Work of the Contractor. - 2 - 1.2.5 The Architect shall not have control or charge of and shall not be responsible for construction means, methods techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, for the acts or omissions of the Contractor, Subcontractors or any other persons performing any of the Work, in or for the failure of any of them to carry out the Work in accordance with the Contract Documents. 1.2.6 The Architect shall at all times have access to the Work wherever it is in preparation or progress. 1.2.7 The Architect shall determine the amounts owing to the Contractor based on observations at the site and on evaluations of the Contractor's Applications for Payment, and shall issue Certificates for Payment in such amounts, as provided in the Contract Documents. 1.2.8 The issuance of a Certificate for Payment shall constitute a representation by the Architect to the Owner, based on the Architect's observations at the site as provided in Subparagraph 1.2.4 and the data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated; that, to the best of the Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to the results of any subsequent tests required by or performed under the Contract Documents, to minor deviations from the Contract Documents correctable prior to completion, and to any specific qualifi- cations stated in the Certificate for Payment); and that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment shall not be a representation that the Architect has made any examination to ascertain how and for what purpose the Contractor has used the moneys paid on account of the Contract Sum. 1.2.9 The Architect shall be the interpreter of the require- ments of the Contract Documents and the judge of the performance thereunder by both the Owner and Contractor. The Architect shall render interpretations necessary for the proper execution or progress of the Work with reasonable promptness on written request of either the Owner or the Contractor, and shall render written decisions, within a reasonable time, on all claims, disputes and other matters in question between the Owner and the Contractor relating to the execution or progress of the Work or the interpretation of the Contract Documents. 1.2.10 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in written or graphic fo~m. In the capacity of interpreter and judge, the Architect shall endeavor to secure faithful performance by both the Owner and the Contractor, shall not show partiality to either, and shall not be liable for the result of any interpretation or decision rendered in good faith in such capacity. - 3 - 1.2.11 The Architect's decisions in matters relating to artistic effect shall be final if consistent with the intent of the Contract Documents. The Architect's decisions on any other claims, disputes or other matters, including those in question between the Owner and the Contractor, shall be subject to arbitration as provided in this Agreement and in the Contract Documents. 1.2.12 The Architect shall have authority to reject Work which does not conform to the Contract Documents. Whenever, in the Architect's reasonable opinion, it is necessary or advisable for the implementation of the intent of the Contract Documents, the Architect will have authority to require special inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work be then fabricated, installed or completed. 1.2.13 The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data, and Samples, but only for conformance with the design concept of the Work and with the information given in the Contract Documents. Such action shall be taken with reasonable promptness so as to cause no delay. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 1.2.14 The Architect shall prepare Change Orders for the Owner's approval and execution in accordance with the Contract Documents, and shall have authority to order minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. 1.2.15 The Architect shall conduct inspections to deter- mine the Dates of Substantial Completion and final completion, shall receive and forward to the Owner for the Owner's review written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a final Certificate for Payment. 1.2.16 The extent of the duties, responsibilities, and limiations of authority of the Architect as the Owner's representative during construction shall not be modified or extended without written consent of the Owner, the Contractor and the Architect. 1.4 ADDITIONAL SERVICES The following Services are not included as Designat- ed Services unless so identified in Article 15. These Services and any other services identified as Additional Services in the Scope of Designated Ser- vices attached to and made a part of this Agreement shall be provided if authorized or confirmed in writing by the Owner, and they shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Designated Services. - 4 - 1.4.1 Providing services in connection with the work of a construction manager or separate consultants retained by the Owner. 1.4.2 Making revisions in Drawings, Specifications or other documents when such revisions are inconsistent with written approvals or instructions previously given, are required by the enactment or revision of codes, laws or regulations subsequent to the prepartion of such documents or are due to other causes not solely within the control of the Architect. 1.4.3 Preparing Drawings, Specifications, supporting data and providing other services in connection with Change Orders to the extent that the adjustment in the Basic Compensation resulting from the adjusted Construction Cost is not commen- surate with the services required of the Architect, provided such Change Orders are required by causes not solely within the control of the Architect. 1.4.4 Providing consultation concerning replacement of any Work damaged by fire or other cause during construction, and furnishing services as may be required in connection with the replacement of such Work. 1.4.5 Providing services made necessary by the default of the Contractor, or by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Con- struction. 1.4.6 Providing services, other than those identified in the Scope of Designated Services, after issuance to the Owner of the final Certificate for Payment, or in the absence of a final Certificate for Payment, more than sixty days after the Date of Substantial Completion of the Work. 1.4.7 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. 1.5 TIME 1.5.1 The Architect shall perform Designated and Additional Services as expenditiously as is consistent with professional skill and care and the orderly progress of the Work. ARTICLE 2 THE OWNER'S RESPONSIBILITIES The following responsibilities will be undertaken by the Owner, in addition to those Services desig- nated to be performed by the Owner and described in the Scope of Designated Services attached to and made a part of this Agreement. -~ - 2.1 The Owner shall provide full information regarding requirements for the Project. 2.2 If the Owner provides a budget for the Project it shall include contingencies for bidding, changes in the Work during construction, and other costs which are the responsibility of the Owner, including those described in this Article 2 and in Subparagraph 3.1.2. 2.3 The Owner shall designate David Bernardi, Director of Public Works, a representative authorized to act in the Owner's behalf with respect to the Project. The Owner or such authorized representative shall examine the documents submitted by the Architect and shall render decisions pertaining thereto promptly, to avoid unreason- able delay in the progress of the Architect's services. 2.4 The Owner shall furnish a legal description and a certified land survey of the site, giving, as applicable, grades and lines of streets, alleys, pavements and adjoining property; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; loca- tions, dimensions and complete data pertaining to existing buildings, other improvements and trees; and full information concerning available service and utility lines both public and private, above and below grade, including inverts and depths. 2.5 The Owner shall furnish the services of soil engineers or other consultants when such services are deemed necessary by the Architect. Such services shall include test borings, test pits, soil bearing values, percolations tests, air and water pollution tests, ground corrosion and resistivity tests, including necessary operations for determining subsoil, air and water conditions, with reports and appropriate professional r -ecommenda tions. 2.6 The Owner shall furnish structural, mechanical, chemical and other laboratory tests, inspections and reports as required by law or the Contract Documents. 2.7 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including such auditing services as the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor uses the moneys paid by or on behalf of the Owner. 2.8 The services, information, surveys and reports required by Paragraphs 2.4 through 2.7 inclusive shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. - 6 - 2.9 If the Owner observes or otherwise becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents, prompt written notice thereof shall be given by the Owner to the Architect. 2.10 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Architect's services and of the Work. ARTICLE 3 CONSTRUCTION COST 3.1 Definition 3.1.1 The Construction Cost ($949,200) shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Architect. 3.1.2 The Construction Cost shall include at current market rates, including a reasonable allowance for overhead and profit, the cost of labor and materials furnished by the Owner and any equipment which has been designed, specified, selected or specially provided for by the Architect. 3.1.3 Construction Cost does not include the compensation of the Architect and the Architect's consultants, the cost of the land, rights-of-way, or other costs which are the ·responsibility of the Owner as provided in Article 2. 3.2 Responsibility for Construction Cost 3.2.1 Evaluations of the Owner's Project budget, Statements of Probable Construction Cost and Detailed Estimates of Con- struction Cost, if any, prepared by the Architect, represent the Architect's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Project budget proposed, established or approved by the Owner, if any, or from any Statement of Probable Construction Cost or other cost estimate or evaluation prepared by the Architect. 3.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget under Paragraph 2.2 or otherwise. - 7 - 3.2.3 If a Pr .Ject budget or fixed limit of Construction Cost is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall (1) give written approval of an increase in such fixed limit, (2) authorize rebidding or renegotiating of the Project within a reasonable time, (3) if the Project is abandoned, terminate in accordance with Paragraph 10.2, or (4) cooperate in revising the Project scope and quality as required to reduce the Construction Cost. ARTICLE 4 DIRECT SALARY AND DIRECT PERSONNEL EXPENSE 4.1 Direct Salary Expense is defined as the direct salaries of all the Architect's personnel engaged on the Project, but does not include the cost of contributions and benefits related thereto, whether mandatory or customary, as described in Paragraph 4.2 and included in Direct Personnel Expense. 4.2 Direct Personnel Expense is defined as the direct salaries of all the Architect's personnel engaged on the Project, and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. ARTICLE 5 REIMBURSABLE EXPENSES 5.1 Reimbursable Expenses are in addition to the Compensation for Designated and Additional Services and include actual expenditures made by the Architect and the Architect's employees and conSUltants in the interest of the Project for the expenses listed in the following Subparagraphs: 5.1.1 Expense of transportation in connection with the Project; living expenses in connection with out-of-town travel; long distance communications, and fees paid for securing approval of authorities having jurisdiction over the Project. 5.1.2 Expense of reproductions, postage and handling of Drawings, Specification and other documents. 5.1.3 Expense of data processing and photographic production techniques when used in connection with Additional Services. 5.1.4 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. 5.1.5 Expense of any additional insurance coverage or limits, including profeSSional liability insurance, requested by the Owner in excess of that normally carried by the Architect and the Architect's conSUltants. - 8 - ARTICLE 6 PAYMENTS TO THE ARCHITECT 6.1 Payments on Account of Designated Services 6.1.1 An initial payment as set forth in Paragraph 14.1 is the minimum payment under this Agreement. 6.1.2 Subsequent payments for Designated Services shall be made monthly and shall be in proportion to services performed within each Phase of Services, on the basis set forth in Article 14. 6.1.3 If and to the extent that the Contract Time initially established in the Contract for Construction is exceeded or extended through no fault of the Architect, compensation for any Designated Services required for such extended period of Administration of the Construction Contract shall be computed as set forth in Paragraph 14.4 for Additional Services. 6.2 Payments on Account of Additional Services 6.2.1 Payments on account of the Architect's Additional Services as defined in Paragraph 1.4 and for Reimbursable Expenses as defined in Article 5 shall be made monthly upon presentation of the Architect's statement of services rendered or expenses incurred. 6.3 Payments Withheld 6.3.1 No deductions shall be made from the Architect's compen- sation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect is held legally liable. 6.4 Project Suspension or Termination 6.4.1 If the Project is suspended or abandoned in whole or in part for more than three months the Architect shall be compen- sated for all services performed prior to receipt of written notice from the Owner of such suspension or abandonment, together with Reimbursable Expenses then due and all reasonable expenses associated with Termination. If the Project is resumed after being suspended for more than three months, the Architect's compensation shall be equitably adjusted. ARTICLE 7 ARCHITECT'S ACCOUNTING RECORDS 7.1 Records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of a Multiple of Direct Personnel Expense shall be kept on the basis of generally accepted accounting principles and shall be available to the Owner or the Owner's authorized representative at mutually convenient times. - 9 - ARTICLE 8 OWNERSHIP AND USE OF DOCUMENTS 8.1 Drawings and Specifications as instruments of service are and shall remain the property of the Owner. The Drawings and Specifications shall not be used by the Owner on other projects, for additions to this Project or for completion of this Project by others provided the Architect is not in default under this Agreement, except by agreement in writing and with appropriate compensation to the Architect. 8.2 Submission or distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be contrued as publication in derogation of the Architect's rights. ARTICLE 9 ARBITRATION 9.1 All claims, disputes and other matters in question between the parties to this Agreement, arising out of or relating to this Agreement or the breach thereof, may be decided by arbit- ration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining unless the parties mutually agree otherwise. No arbitration, arising out of or relating to this Agreement, shall include, by consolidation, joinder or in any manner, any additional person not a party to this Agreement except by written consent con- taining a specific reference to this Agreement and signed by the Architect, the Owner, and any other person sought to be joined. Any consent to arbitration involving an additional person or persons shall not constitute consent to arbitration of any dispute not described therein or with any person not named or described therein. This Agreement to arbitrate and any agreement to arbitrate with an additional person or persons duly consented to by the parties to this Agreement shall be specifically enforceable under the prevailing arbitration law. 9.2 Notice of the demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The demand shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicant statute of limitations. 9.3 The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. -10 - ARTICLE 10 TERMINATION OF AGREEMENT 10.1 This Agreement may be terminated by either party upon seven days' written notice should the other party fail sub- stantially to perform in accordance with its terms through no fault of the party initiating the termination. 10.2 This Agreement may be terminated by the Owner upon at least seven days' written notice to the Architect in the event that the Project is permanently abandoned. 10.3 In the event of termination not the fault of the Arch- itect, the Architect shall be compensated for all services performed to termination date, together with other reasonable expenses associated with termination. ARTICLE 11 MISCELLANEOUS PROVISIONS 11.1 Unless otherwise specified, this Agreement shall be governed by the law of the principal place of business of the Architect. 11.2 Terms in this Agreement shall have the same meaning as those in AlA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. 11.3 As between the parties to this Agreement: as to all acts or failures to act by either party to this Agreement, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the relevant Date of SUbstantial Completion of the Work, and as to any acts or failures to act occurring after the relevant Date of Substantial Completion, not later than the date of issuance of the final Certificate for Payment. 11.4 The Owner and the Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages covered by any property insurance during construction as set forth in the edition of AlA Document A201, General Conditions, current as of the date of this Agreement. The Owner and the Architect each shall require appropriate similar waivers from their contractors, consultants and agents. ARTICLE 12 SUCCESSORS AND ASSIGNS 12.1 The Owner and the Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives -11 - to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign, sublet or transfer any interest in this Agreement without the written consent of the other. ARTICLE 13 EXTENT OF AGREEMENT 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. ARTICLE 14 BASIS OF COMPENSATION The Owner shall compensate the Architect for the Scope of Services provided, in accordance with Article 6, Payments to the Architect, and the other Terms and Conditions of this Agreement, as follows: 14.1 An initial payment of three thousand dollars ($3,000) shall be made upon execution of this Agreement and credited to the Owner's account as follows: At the Architect's final billing to the Owner. 14.2 Compensation for Designated Services 14.2.1 For designated services, as identified and described in the Scope of Designated Services attached to and made a part of this Agreement, and any other services included in Article 15 as part of Designated Services, compensation shall be computed by the following methods for the particular Services so indicated in the Scope of Designated Services: Method "E": Basic Service -Construction Contract Adminis- tration: compensation shall be a fixed sum of $2,500 per month for 9 months (8 month construction period plus 1 month close- out) = ~22,500, a stipulated sum. Method "H": For Additional Services: compensation shall be based on Architect's Time and Material rates set forth below, but shall not exceed fixed sum of $8,000. (1) Time: a. Principal's time at the fixed rate of Seventy Dollars (~70) per hour. For purposes of this Agreement, the Principal is: Andrew James Ring III. -12 - b. Employ, 3 time at a multiple of T1. ce Point Zero (3.0) times the employees' Direct Personnel Expense as defined in Article 4.2, above. c. Consultants: Structural, Mechanical and Electrical professional Engineers and Landscape Architect at a multiple of One Point One-Five (1.15) times the amount billed to the Architect for such services. (2) MATERIAL: Costs of all materials used directly attributable to the Architect or consultants services including amounts expended as defined in Article 5. 14.6 Owner will pay architect's bills within 30 days after receipt, unless there is a question regarding the billing. In that event, the portion of the bill that is admittedly due shall be paid and the balance retained by owner until the question is resolved. Payments undisputed and unpaid shall, after 30 days, bear interest at the legal rate in the State of California. 14.7 The Owner and the Architect agree in accordance with the Terms and Conditions of this Agreement that: 14.7.1 If the scope of the Project or of the Architect's Services is changed materially, the amounts of compensation shall be equitably adjusted. 14.7.2 If the services covered by this Agreement have not been completed within nine (9) months of the date hereof, through no fault of the Architect, the amounts of compensation, rates and multiples set forth herein shall be equitably adjusted. ARTICLE 15 OTHER CONDITIONS OR SERVICES 15.1 Description of Architect's Basic and Additional Services: See Exhibit "A". 15.2 The Architect shall engage and coordinate as a Basic Service normal structural, mechanical and electrical engineers including landscape architect. 15.3 The Architect shall coordinate on behalf of the Owner the customary services of surveyor, soils and civil engineers, manufacturer representatives, and Project General Contractor. 15.4 It is agreed that the professional services of the Architect are limited to a review and observation of the Work of the Contractor to ascertain that such Work substantially conforms to the design intent and the Contract Documents p~epared by others. It is further agreed that the Owner will defend, indemnify and hold harmless the Architect and his consultants from any claim or suit whatsoever, including all -13 - P~3W~ll~D, ~Ap~u~es or cos~s, ar1s1ng from or alleged to have risen from an r --or or omission in the pb " specifications or ·Contract Documc .. cs prior to the Architect'b taking responsibility for this project. However, the Architect agrees to be respon- sible for his own negligent acts, errors or omissions in the performance of his professional services. 15.5 Owner hereby agrees to indemnify and hold harmless Architect for any liability for any and all claims, loss, damage or expense on account of (a) the death of or injury or damage to any person, or (b) damage or destruction of any property, nc oatter to who belonging arising in whole or in part out of the wrongful or negligent acts, errors, or omissions of the Owner, its employees, agents, servants or other parties who have performed or may perform any service to the Project or who have supplied or may supply materials to the Project, excluding the Architect, his employees or agents. 15.6 Architect makes no representations, guarantees or warran- ties either expressed or implied, as to his findings, recom- mendations, timing, cost analysis, or professional advice, other than that his services were performed in accordance with the generally accepted standards or practice in Marin County at the time of performance. 15.7 If any action at law or equity or arbitration proceeding is brought to enforce or interpret the provi~~ons of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, which fees may be set by the arbitrators or court in the same action or in a separate action brought for that purpose, in addition to any other relief to which he may be entitled. This Agreement entered into as of the day and year first written above. APPROVED AS TO FORM: By : A.t:..-L. 1\ , C-L. STEWART R. ANDREW, ASSISTANT CITY ATTORNEY APPRO BY , ROBER CITY MANAGER 11 A/25 ARCHITECT ANDREW JAMES RING III, AlA Architect, Inc. By: DATE: OWNER ~~ OF SAN ~AEL: ~ ~~t-~c.O ~ L~ LAWRENCE E y MULR:YAN,itYoR DA TE : -, I gIg 3 " ATTEST: h,.~ JEA ~CINI, CrTY CLERK -14 - l'sco-pe of Designated Services Page 1 of 2 VI PROJECT: P ICKLH/EED cor U1U rI ITY CENTER ~ n:l +> DATE: 07July83 r-. :J III y l The Owner <mel the Archilect, respectively, shall c 0 I rirovicle lor this Phase of the Project those services u c: • 11 aJ -0 .. U u JJ1Propriately designated and assigned below and Q.i .... <lJ ~ .~ -0 u o .. .> c: descrihl'd subsequently. ..... ~ o .-• C1I 0 ... u..t:: u V1 .... 0 u ~ C.J u 0. ....... .,i:j aJ . .... "-aJ-... .-= U1 w< Q) ... nl aJ C rn .-c: O\Vf\:II~ (.,igned) ..t:: ..t:: aJ c: > c: .r: 0 .0 -0 c: . u u-o 6.0 <5 u_ 0 o aJ .... ..... -....... ..t:: 0. ,tJffi? « «!1 <:.0 ... >11 .... ... E > > :J > >-0 0 aJ 0 AI~CIIITECT (signed) f-rco ~O coiij co co« z ~u - A.BASIC SERVICE: COtISTRU'G116t.1 COtlTRACT ADMItlISTRATION,per Article 1.2 of the Aareement--- ~ I.ADMINISTRATION: a.Periodic On-Site Observations X . E b.Progress Reports to O\'mer(City) X E c. Shop Dra\'Ji ng & Submittal Processing E x x d.Construction Schedule Monitoring .L E e.Customary Coordination with X E - Contractor,Public Agenci es ,Ovmer 2. PROGRESS PAYt1ENTS TO CONTRACTOR: • a.Evaluate,recommend & process Con-X E tractor's Application for Payment monthl v to O\·mer per Contract b.Advise Owner of Costs -L-~ E 3. PROJECT "CLOSE-OUT": --------------I- a.On-site review with Contractor & l-X-E 1'\, +~ ,l~+~""".,; ... ,., "0 Inrh l';e,,"11 nf' 1- ~, ,~ Work needing attention. h lIee';e+ rnntr;:!rtnr tn rlc:c:pmhlp finrll -X--'=- Project guarantees,warranties,oper-1\ ~ =>+';nn ;netrllrt;nnc: ?, II rl c:-hIJiltc; " ---- c.Provide final on-site review ~ base [- thprpnn ic:c;IIP finCll Pa'lm~nt Reauest X X METHODS OF CO,\1PENSATION (continued) A = "'1ultiple of Direct S<llary Expense E =Stipulated Sum B = Multiple of Direct Per~onn~[ [xrense F =llourly Oillin~ J~atcs . C = Professional Fee Plus Expemes C =Multiple of Amounts Oilled to Architect 0= Percentage of Construction (nst II=Other:Time & Materials fl, ,y • f{cqlJircs sepiHillC ilulhoriliJlioll alld ((IIIlPCIl5<1IIUn F"'I\P'i, . I I . , . n • r. I AlA DO(llMFNT nlli2 KOI F nr nrSIr.N'\nn 'irf(\ Ins tln\f/.lllril 11)77 fnlTlnN I\It\rm ©1177 '''1 .. 111! \'11,'1. '111:1'1111111 C 'I '1.llflll" "", t'I '!"""'1 ,III"'t "'" \-"',111111 .11111 I" "I /4t l l I S.cope of Designated Services PROJECT: PICKLEHEED COt1t'lUNITY CENTER DATE: 07July83 The Owner and the Archilect. respectively, slltlll '-irovicle tor this Phase of the Project those services appropriately designated and assigned below and descrilwd subsequently. O\,VI"I I~ {~i~ned) ___ .r--_____ ....-___ _ (;~ ARCI -lllECT (signed) Ti B.ADDITIONAL SERVICES: Not~thstanding provisions set forth in Article 1.4, the Owner authorizes the following Additional Services: .... u ClJ .... . -...c u ... < >-co a.i u tf .~ ClJ ClJ .~ v, ..c ClJ U -0 ... < '" -' >-:J coO Page 2 of 2 I c: o ......... o ~ -0 c: o ClJ ..c: 0. .... E ~ 0 ..::U 1. Ass i st Owner in determi ni ng revi s i or s 1---4---+---I---~--~--4---+---+---+---~~ x H or what changes might be desired. 2. Prepare,reproduce,and distribute x H Quotation Requests and Change Order~ 3. Coordinate out-of-normal sequence x H of operations. f-------------------------~--I--__l----------1---+---'-- 4. Review and check for Code and Progran x H compliance thosB documents prepared by others, as reques ted by O\'mer. 5. Assist O\'mer to maintain liason \'lit)-X H ~--~~~-~~~~-~-~--~------~---~---~--I·-_1·-_1·--_+~_1·---­the Executive Director Community Alliance,BUCK Foundation,& HUD. I---~..:...:-~:..:..:..::~=-=...::..:..;=--:.....::...::.~-=--=-.:..-.::..:~--.;..:..::...:-=--------------~ ------I----I---+-~ 6. Attend necessary conferences & X H ~-------------------------------·I----------I--_+---r---!---_+--_+-_+---~-~ provide public presentations. 7. Provide review & coordination of u~'mer TUrnlSnea aa-ca, aellverer'y tt --1---- installation of Owner supplied eqpt., I UIIlll..ure ,OIlU/ ur lurfll ::'111 fly::' METHODS OF COMPENSI\TION A =:=Mlliliple of Direct Salary EX[lcnse E ==Stipulated Sum x . 13 =Multiple of Direct Personnel Expense C = Professional Fee Plus Exr>enses F ==Hourly Billinl: Rates • G =Mulliple of Amounts Billed to Architect • o = PerLt!l\lil~e of Consl ruction Cnsl H =Other: nt·1E & r·1ATERIAL 'HeqlJire~ selliHale .IIIIi1orilaliol1 and cO"IpellS<llion AlA DOCUMENT D162 • SCOf'E OF DESIGNATED SERVICES' NOVfMOER 1977 EDITION' AIA® • @1977 TIIF ·'~\rr!r·\N It!qlTIITF ()f "I:f"llIlF('l~ 171~ tlF\I! ynp.1" "'I ~I"f II '" \·'I\~IIIIIr.ln·1 (") r "flnn.