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.
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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.
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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.
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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.
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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
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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