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HomeMy WebLinkAboutCC Resolution 4661RESOLUTION NO. 4661 A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael a lease or agreement with Wagstaff and McDonald (Community Recreation Center) A copy of which is hereby attached and by this reference made a part hereof. I, MARION A. GRADY, City Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at an adjourned regular meeting of the City Council of said City held on Monday the 28th day of January 19 74 by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon MARION A. GRADY City Clerk CONTRACT SAN RAFAEL RECREATION CENTER (Albert Field) THIS CONTRACT, rmde at San Rafael, California, this 41-17-1 day of M/a/ec H , 1974, by and between the City of San Rafael, a municipal corporation, hereinafter called "City," and Wagstaff and McDonald, Architect, 292 Redhill Avenue, San Anselmo, California, hereinafter called "Archi- tect; " lows: WITNESSETH: In consideration of their mutual covenants, the parties hereto agree as fol- 1. ARCHITECT'S SERVICES. Architect agrees to perform the following services in connection with the design and construction of a Recreation Center in Albert Park in the City of San Rafael. a. ' Preliminary Plans and Cost Estimate. The work under this phase shall consist of: (1) Determination of City's Building Requirements. Architect, by conference and preliminary studies, shall inform himself fully regarding the purpose and requirements to be served by the new, structure, and par- ticularly he shall refer for this purpose to the Report on a Proposed Recrea- tion Center for the City of San Rafael, dated September, 1973. (2) Site Requirements. Architect shall make a recommendation or recommendations as to the precise location and orientation of the struc- ture on the site. In making his recommendation he shall be guided, but not bound, by the suggestions of the City Staff. Architect to meet with the Staff at his discretion, subject to the control of the City Manager. (3) Preliminary Plans. Architect shall prepare Preliminary Plans of the structure for approval by the City Council. Said plans shall consist of a site, grading and landscape plan, schematic drawings, floor plans, elevations and a brief description in writing of the type of construction and character of materials to be used. Architect shall prepare said Pre- liminary Plans in such a manner and with sufficient detail and particularly -1- to show, as applicable, the nature, function, size, extent, and general appearance of the proposed project. (4) Preliminary Cost Estimate. Architect shall present to the Council simultaneously with the Preliminary Plans his estimate of the cost of the project proposed by him. The City Council shall approve said cost estimate or establish a different figure as the construction budget for the project. The figure set by the Council shall constitute the limitation on cost of the work specified in paragraph 2.e hereof and the basis for Architect's maximum fee as set forth in paragraph 2.b. hereof. b. Plans and Specifications; Cost Estimate. Upon written approval by City of the items specified under Preliminary Plans and Cost Estimate, Architect shall proceed to the following: (1) Preparation of final working drawings and detailed plans for the structure and site landscaping, including all architectural, structural , mechanical and electrical work. The City is to provide Civil Engineer. (2) Preparation of detailed cost estimates, specifications for the construction of the building and site landscaping and all contract oS S � 3 documents, including specifications for biddi g �urrpos ' and all work- RTOOSILIC ;M- ing drawings. Architect to be selection of colors and furnish - A ings, drapes and carpets. Architect is expected to assist in the prepara- tion of the proposal for bids and other bid documents, including the ini- tial drafting, where necessary, of appropriate forms. c. Supervision of Construction. Architect shall perform the follow- ing work of supervision: tracts. (1) Performance of services in connection with the award of con- (2) Verification of construction accounts and issuance of cer- tificates of payment. (3) Making of reports and inspections as required by any public agencies having jurisdiction. Wa (4) Checking and approving all shop drawings. (5) Direction and general supervision to assure conformance with the approved drawings and specifications from beginning of the project until acceptance of the building by City. (6) Ordering the corrections or removal of all defective work and materials which do not conform to the approved drawings and speci- fications. (7) Architect does not guarantee the performance of the con- tractor's work. 2. PAYMENT OF ARCHITECT. In consideration for such services, City agrees to pay sums in the following amount and manner: a. Payment for Work on Preliminary Plan. City agreets to pay Archi- tect for the preliminary planning and cost estimating work a sum equal to two and one-half (22) times payroll, - but not to exceed $10, 000 in the aggregate. For the purpose of this provision "payroll" shall mean the sum of money payable as wages or salary to technical personnel within the organization of Architect based on their respective current and normal rates of pay for a normal pay period exclusive of fringe benefits, and apportioned to the job on an hourly basis in accordance with the time actually spent on the job by such personnel. Payments within said $10,000 amount are to be made on a monthly basis and all such payments shall be charged against Architect's basic fee. b. Basic Fee. City agrees to pay Architect a basic fee of eight per- cent (8%) of the actual cost of the work as defined in paragraph 3, provided that in no event shall said basic fee exceed eight percent (8%) of the preliminary esti- mate that may be approved by the City Council pursuant to paragraph l.a. hereof. In no event shall the basic fee exceed $40,000. Said fee shall be payable in in- stallments as follows: (1) For preliminary planning and estimating services City shall pay Architect a sum equal to twenty-five percent (25%) of the basic fee predicated upon the preliminary estimate approved by the City Council pursuant to paragraph l.a, hereof. In payment of this portion of the basic fee City shall receive credit of one hundred percent (100%) of the fee paid under 2.a. above . (2) For preparation of plans and specifications City shall pay Architect a sum equal to fifty-five percent (55%) of the basic fee, payable upon delivery of the completed plans and specifications. (3) During the supervision of construction stage, monthly payments shall be made in proportion to the amount of work completed. Upon completion of supervision of construction (notice of completion) and acceptance of the building by City, a sum shall be paid sufficient to increase the total payments to one hundred percent (100%) of the basic fee. C, Reimbursement of Architect. In addition to the foregoing, Archi- tect is to be reimbursed for his expenses on a monthly basis as follows: (1) Cost of blueprinting, reproducing drawings, printings, or mimeographing of plans and specifications which Architect is required to furnish City under this contract (excluding the 25 sets mentioned in paragraph 6 on page 5) . (2) Any other out-of-pocket expenses specifically authorized in advance by City. d.- Financial Records. Architect shall maintain an efficient and ac - curage record as to all costs and expenses incurred by him in connection with the subject of this agreement and his accounts, at all reasonable times, shall be open to inspection of City. c. Limitation on Cost of the Work. If the lowest responsible bid for such work exceeds 10% of the amount of the preliminary estimate approved by the Council pursuant to l .a. hereof, City may require Architect to redo the plans and specifications without cost to City td the end that City will receive an acceptable bid within said limitation. -4- 3. DEFINITION OF "ACTUAL COST OF THE WORK, " For the pur- pose of computing Architect's fee hereunder, "actual cost of the work" shall mean the total of all sums actually paid by City to the contractor for the con- struction of the building designed by Architect, but shall not include any of the following items: a. Architect's fee. b. Any other payment to Architect . C, The cost to City of furnishing any data or making any tests under paragraph 4 below. d. The cost of the services of any of City's employees, attorneys, or administrative officers. e. Any overhead expenses of City. f. The cost of movable equipment, interior decorating, or other work not a part of the project itself. 4. SURVEYS, BORINGS AND TESTS. City shall furnish Architect with complete and accurate surveys of the building site, the rights, restrictions, easements, boundaries and contours of the site, and full information as to sewer, water, gas and electrical services. City shall pay for 1) all soil tests and borings necessary for determining subsoil conditions and 2) paving. S. CONSULTANTS. Architect shall retain as necessary consultants, who shall be approved by City, to work with Architect on specified phases of the work. Prior to any such consultant's rendering any services to City, he shall prepare and submit a written estimate of all costs, including materials, labor and services, and no services shall be rendered until the estimate is approved by City Manager. City shall reimburse Architect for any sums billed by such consultants, provided that any sum in excess of $5, 000 to be paid to any one consultant must be submitted to the City Council for approval. 6. PLAN OWNERSHIP. Architect shall, at his own expense, pre- pare and furnish to City twenty-five (25) sets of Preliminary Plans and Cost Estimates, reproducible tracings, and eight (8) sets of final working drawings and specifications. Architect shall furnish to City at cost any additional prints requested by City. Upon completion of the project, Architect shall provide City with a complete set of reproducible drawings in form suitable for retention as a permanent record of the project as actually constructed, for which City shall pay Architect two and one-half (22) times payroll as that term is defined in paragraph 2.a. hereof. All documents furnished City under this contract shall become the property of City, but may not be used elsewhere after completion of the project without agreement of the Architect. 7. CITY'S AGENT. Unless otherwise provided in this contract, the City Manager or his delegate is the agent authorized to act for City. 8. PROGRESS OF WORK. Architect shall commence performance of this contract immediately upon execution thereof and shall prosecute the same to completion. without delay. 9. INSURANCE; ARCHITECT TO HOLD CITY HARMLESS. Architect hereby agrees to hold harmless the City of San Rafael, its officers, agents and employees, from any and all liability arising out of the performance of the work described herein, including cost of defense, which is the result of errors, omis- sion or negligent performance by Architect, his agents or employees. Architect shall maintain insurance satisfactory to the City Attorney covering his liability under this contract. 10. ARCHITECT INDEPENDENT OF CITY. In accepting this contract, Architect certifies that no member or officer of .the firm or corporation is an offi- cer or employee of the City of San Rafael. IN WITNESS WHEREOF, the parties hereto have cause this contract to be executive the day and year first above written. ATTEST: City Clerk CITY OF SAN RAFAEL BY O� Mayor WAGSTAFF AND M CDONALD Architect ,.!