Loading...
HomeMy WebLinkAboutCC Resolution 6386 (Pickleweed Community Center Development)RESOLUTION NO. 6386 A RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT 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 MILTON W. CHAMBERS, ARCHITECT, FOR PREPARATION OF THE DEVELOPMENT OF THE 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 introduced and adopted at a regular meeting of the City Council of said City held on Tuesday the 7th day of September il 1982, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None J E M. LEONCINI, CITY CLERK 0"7,GINAL 34d AGREEMENT FOR ARCHITECTURAL SERVICES THIS AGREEMENT, made and entered into this seventh day of September , 1982, by and between the CITY OF SAN RAFAEL, a municipal corporation of the State of California, hereinafter called "City", and MILTON W. CHAMBERS, INC., hereinafter called "Architect", witnesseth. DVOTMAT.0 City desires to employ the services of said Architect for preparation of the development of the Pickleweed Park Community Center. AGREEMENT 1. General City engages Architect to furnish the services hereinafter mentioned, at and for the compensation herein stipulated, and Architect accepts said engagement upon said terms. This contract supercedes the contract of March 1, 1982 with Architect. 2. Work Tasks of Architect: Architect shall: Phase I: a. Attend meetings and conferences as required to assist in program development. b. Prepare preliminary budget estimates of project cost. C. Develop schematic and preliminary design drawings as required. d. Presentation to all agencies as required. Phase II: a. Architect's Services and Responsibilities: 1. Basic services include normal structural, mechanical and electrical engineering services and landscape services. b. Construction Documents Phase: 1. Based on the approved Design Development Documents (Phase I) and any further adjustments in the scope or quality of the project or in the project budget authorized by the City, the Architect shall prepare, for approval by the City, construction: documents consisting of drawings and specifications setting forth in detail the requirements for the construction of the project. -/-.3-8 7 2. The Architect shall assist the City in the preparation of the necessary bidding information, bidding forms, the condi- tions of the contract, and the form of agreement between the City and the Contractor. 3. The Architect shall advise the City of any adjustments to previous Statements of Probable Construction Cost indicated by changes in requirements or general market conditions. 4. The Architect shall assist the City in connection with the City's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the project. C. Bidding or Negotiation Phase: 1. The Architect, following the City's approval of the construc- tion documents and of the latest Statement of Probable Construction Cost, shall assist the City in obtaining bids or negotiated proposals, and assist in awarding and preparing contracts for construction. Phase III: a. Construction Phase - Administration of the Construction Contract: 1. The construction phase will commence with the award of the contract for construction and, together with the Architect's obligation to provide basic services under this agreement, will terminate when final payment to the contractor is due, or in the absence of a final Certificate for Payment of such due date, sixty days after the Date of Substantial Completion of the Work, whichever occurs first. 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. 3. The Architect shall be a representative of the City during the construction phase, and shall advise and consult with the City. Instructions to the contractor shall be forwarded through the Architect. The Architect shall have authority to act on behalf of the City only to the extent provided in the contract documents unless otherwise modified by written instrument. -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 progress 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 kOep the City informed of the progress and quality of the work, and shall endeavor to guard the City against defects and deficiencies in the work of the contractor. 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, or for the failure of any of them to carry out the work in accordance with the contract documents. 6. The Architect shall at all times have access to the work wherever it is in preparation or progress. 7. The Architect shall determine the amounts owing to the contractor based on observations at the site and on evaluation. of the contractor's Applications for Payment, and shall issue Certificates for Payment in such amounts, as provided in the contract documents. 8. The issuance of a Certificate for Payment shall constitute a representation by the Architect to the City, based on the Architect's observations at the site as provided in Subparagraph 4 and on 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 110 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 qualifications 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. 9. The Architect shall be the interpreter of the requirements of the contract documents and the judge of the performance thereunder by both the City 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 City or the contractor, and shall render written decisions, within a reasonable time, on all claims, disputes and other matters in question between the City and the contractor relating to the execution or progress of the work or the interpretation of the contract documents. 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 form. In the capacity of interpreter and judge the Architect shall endeavor to secure faithful performance by both the City 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. 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 City and the contractor, shall be subject to arbitration as provided in this agreement and in the contract documents. -4- 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. 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. 14. The Architect shall prepare change orders for the City'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. 15. The Architect shall conduct inspections to determine the dates of substantial completion and final completion, shall receive and forward to the City for the City'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. 16. The extent of the duties, responsibilities and limitations of authority of the Architect as the City's representative during construction shall not be modified or extended without written consent of the City, the contractor and the Architect. -5- 3. Compensation Phase II and Phase III: a) Payments for Basic Services shall be made monthly and shall be in proportion to services performed within each phase of services, on the following basis: 1) Basic Services as described in Phase II and III compensation shall be computed based on a fixed sum not to exceed $54,000. 2) Payments for Basic Services shall be made so that Basic Compensation for each phase shall equal the following percentage of the total Basic Compensation payable: Contruction Documents Phase: 75% Bidding or Negotiation Phase: 5% Construction Phase: 20% IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. APPROVED AS TO FORM: B W QM -A . Edmund A. Dugga City Attorney APPROVED AS TO CONTENT: By Robert F. Beyer, City Manager -6- ARCHITECT: Milton W. Chambers, Inc. By Milton W. Chambers CITY OF SAN RAFAEL awrence E. Mulryan,May r ATTEST: By J anne M. Leoncin , City Clerk