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HomeMy WebLinkAboutResolution No. 5124RESOLUTION N0. 5124 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 -� the City of San Rafael a lease or agreement with Backen, Arrigoni & Ross, Inc. (Architectural Services, Civic Center Fire Station) 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 a Regular meeting of the City Council of said City held on fav the --7th-- day of ,lune 19 76 , by the following vote, to wit: AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen MARION A. GRADY - City Clete ORIGINAL z AGREEMENT SAN RAFAEL FIRE STATION AT MARIN COUNTY CIVIC CENTER THIS AGREEMENT, made at San Rafael, California, this .:1 Q /9 day of SefP r e rri 6 e -r--, 1976, by and between the City of San Rafael, a municipal corporation, hereinafter called "City" and Backen Arrigoni & Ross, Inc., 300 Broadway Street, Ste. 20, San Francisco, California, called "Architect"; I.ITTKICCCCTW - WHEREAS, the City of San Rafael intends to construct a fire station located in the vicinity of the Marin County Civic Center, on Civic Center Drive, consisting of approximately 3,000 square feet of building, providing for dormitory facilities, kitchen facilities and bays for parking fire -fighting apparatus, hereinafter called the "Project"; AND WHEREAS, the Architect has signified his willingness to undertake the Architectural work in connection therewith; NOW THEREFORE, the City and Architect, in consideration of their mutual covenants, agree as follows: I. *ARCHITECTS' BASIC SERVICES: The Architect agrees to perform the following services in connection with the design and construction of the project: a. Preliminary Plans and Cost Estimate. The work under this phase shall consist of: (1) Determination of City's Building Requirements. The Architect, by conference and preliminary studies, shall inform himself fully regarding the purpose and requirements to be served by the new structure. (2) Site Requirements. The Architect shall make a recommendation or recommendations as to the precise location and orientation of the structure on the site. In making his recommendation he shall be guided, but not bound, by the suggestions of the City Staff. *Note: Architect will attend within the scope of this contract up to three (3) meetings with the City Council, two (2) meetings with the Fire Commission and two (2) meetings of the Board of Supervisors. The Architect shall meet with the Staff at his discretion, subject to the control of the City Manager. (3) Preliminary Plans. The 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. The Architect shall prepare said Preliminary Plans in such a manner and with sufficient detail and particularly to show, as applicable, the nature, function, size, extent and general appearance of the proposed project. The City will provide the services of its Landscape Architect and Civil Engineer to assist the Architect in the development of the site grading and landscape plan. (4) Preliminary Cost Estimate. The Architect shall present to the Council simultaneously with the Preliminary Plans an estimate of the cost of the Project as proposed. 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 U hereof. b. Construction Documents & Cost Estimate. Upon written approval by the City of the items specified under Preliminary Plans and Preliminary Cost Estimate, the Architect shall proceed with the following: (1) Preparation of final construction documents, consisting of Working Drawings, Specifications and a detailed Cost Estimate for all architectural, structural, mechanical and electrical work, excluding any special communication equipment. Reimbursement for the cost of consultants for structural, mechanical and electrical engineering design and construction documents will be as described under Section IIIb. The City will provide the services of its Civil Engineer and Landscape Architect to prepare necessary construction documents for required civil engineering and landscape architecture. The work of the Civil Engineer and Landscape Architect will be based on the approved Preliminary Plans and their final working drawings, specifications and cost estimates will be prepared in coordination (2) with the Architects' plans and subject to the Architects' review and approval. (2) Selection of finishes, installed equipment, fixtures, paint colors, carpets, drapes or furnishings specified for the building. (3) Preparation of the proposal for bids and other bid documents, including the initial drafting, where necessary, of the appropriate forms and perform services in connection with the award of the contracts. c. Administration of Construction Contract. The Construction Phase will commence with the award of the Construction Contract and will terminate when the final Certificate of Payment is issued to the City. The Architect shall at all times have access to the Work, whenever it is in preparation or progress. The Architect shall perform the following services during this phase: (1) The Architect shall make periodic visits to the site to familiarize himself generally with the progress and quality of the Work and to determine in general if the Work is proceeding in accordance with the Contract Documents. On the basis of his on-site observations as an architect, he shall endeavor to guard the City against defects and deficiencies in the Work of the Contractor. The Architect shall not be required to make exhaustive or continous on-site inspections to check the quality or quantity of the Work. The Architect shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, and he shall not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. (2) Based on such observations at the site the Architect shall determine the amount owing to the Contractor and shall issue Certificates for Payment in such amounts. The issuance of a Certificate for Payment shall constitute a representation by the Archtitect to the City based on the Architects' observations at the site and the data comprising the Application for Payment supplied by the Contractor, that the Work has progressed to the point indicated; that to the best of the Architects' knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (3) (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 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. By issuing a Certificate for Payment, the Architect shall not be deemed to represent that he has made any examination to ascertain how and for what purpose the Contractor has used the moneys paid on account of the Contract Sum. (3) The Architect shall be, in the first instance, the interpreter of the requirements of the Contract Documents and the impartial judge of the performance thereunder by both the City and Contractor. The Architect shall make decisions on all claims of the City or Contractor relating to the execution and progress of the Work and on all other matters or questions related thereto. The Architects' decisions in matters relating to artistic effect shall be final if consistent with the intent of the Contract Documents. (4) The Architect shall have authority to reject Work which does not conform to the Contract Documents. Whenever, in his reasonable opinion, he considers it necessary or advisable to insure the proper implementation of the intent of the Contract Documents, he will have authority to require special inspection or testing of any Work in accordance with the provisions of the Contract Documents whether or not such Work be then fabricated, installed or completed. (5) The Architect shall review and approve shop drawings, samples, and other submissions of the Contractor only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents. (6) The Architect shall prepare Change Orders. (7) The Architect shall not be responsible for the acts or omissions of the Contractor, or any Subcontractors, or any of the Contractor's or Subcontractor's agents or employees, or any other persons performinc any of the Work. (8) If more extensive representation at the site than is herein described (4) is required and if the City and Architect agree, the Architect will provide such service and be compensated as set forth under Section IV.b. Reimbursable Expenses. (9) The Architect shall conduct one overall inspection to determine the Dates of Substantial Completion and Final Completion and shall issue a Final Certificate for Payment. d. Additional Services. The following services will be provided when authorized in writing by the City, and they shall be paid for by the City as herein provided; (1) Preparing documents for alternate bids or out -of -sequence services requested by the City. (2) Making revisions ire Drawings, Specifications, or other documents when such revisions are inconsistent with written approvals or instructions previously given and are due to causes beyond the control of the Architect. (3) Providing professional services made necessary by the default of the Contractor. (4) Preparation of a set of reproducible as -built drawings on polyester film bases showing significant changes in the Work made during the Construction process, based on marked -up prints, drawings and other data furnished by the Contractor to the Architect. (5) Preparing to serve or serving as an expert witness in connection with any public hearing, arbitration proceeding or legal proceeding. (6) Providing services of Professional Consultants for other than the normal structural, mechanical and electrical services for the Building. (7) Providing any other services not otherwise included in the Agreement or not customarily furnished in accordance with generally accepted architectural practice. (8) Providing services after issuance to the City of the Final Certificate for Payment. II. CITY'S RESPONSIBILITIES. The City agrees to provide for the following: a. Furnish a certified land survey of the site giving, grades and land lines of streets, alleys, pavements, and adjoining property; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of site; vicinity map showing building improvements (5) on adjacent property such as Marin County Civic Center, Post Office and development of adjacent property on Civic Center Drive and Jefferson Avenue; location and dimensions of existing improvements or trees on site; full information concerning available service and utility lines both public and private, above and below grade, including inverts and depths. b. Furnish the services of a Soils Engineer and other consultant when such services are deemed necessary by the Architect, including reports, test borings, test pits, soil bearing values, percolation tests, air and water pollution tests, ground corrosion and resistivity tests and other necessary operations for determining subsoil, air and water conditions, with appropriate professional recommendations. c. Furnish structural, mechanical, chemical and other laboratory tests, inspections and reports as required by law or the Contract Documents. d. Furnish such legal, accounting and insurance counseling services as may be necessary for the Project, and such auditing services as the City may require to ascertain how or for what purposes the Contractor has used the moneys paid to him under the Construction Contract. e. The services, information, surveys and reports, required herein shall be furnished at the City's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. f. The City shall furnish information required of it as expeditiously as necessary for the orderly progress of the Work, III. CONSULTANTS. a. The City shall provide the services of the City Civil Engineer and City Landscape Architect as described in Section I, paragraph a. (3) and Section II, paragraph b. b. The Architect shall retain, as necessary, consultants, who shall be approved by the City, to work with the Architect on specific phases of the Work. Prior to any such Consultants' rendering any services to the 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 the City Manager. Payments to the retained Consultants will be made directly by the City to the Consultant, upon approval by the Architect of the Consultants' statement of services and request for payment. Payments to Consultants sflall not be deducted (6) from the Architects' Basic Fee as described in Section IV, paragraph a. IV. PAYMENTS TO THE ARCHITECT. Payments on account of the Architects' Fee for Basic Services shall be paid by the City in the following amounts and manner: a. Basic Fee. The City agrees to pay the Architect a Basic Fee of $9,000.00. Said Fee shall be payable in installments as follows: (1) An initial payment of $500.00 shall be made upon execution of this Agreement and credited to the City's account. (2) Subsequent payments for ARCHITECT'S BASIC SERVICES shall be made in proportion to services performed so that compensation for each phase shall equal the following percentages of the total Basic Fee. Preliminary Plan and Cost Estimate 35% Construction Documents and Cost Estimate 45% Administration of Construction Contract 20% b. Additional Services. As described in Section I.d., compensation shall be as follows: Principals' time at $35.00 per hour. For the purposes of this contract the principals are Howard J. Backen, Robert V. Arrigoni and Edgar B. Ross. Employees' time at a multiple of 2.75 times their salaries and the cost of mandatory and customary benefits such as statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar benefits. c. Reimbursable Expenses. Reimbursable expenses are in addition to the Basic Fee and Additional Services and include expenditures made by the Architect, his employees, his Professional Consultants in the interest of the Project for the expenses listed in the following subparagraphs: (1) Long distance telephone calls or telegrams. (2) Expense of reproductions, postage and handling of Drawings and Specifications excluding 10 sets of preliminary plans and cost estimates, and one set of reproducible tracings of the final construction drawings. (3) If authorized in advance by the City, expense of overtime work requiring higher than regular rates and expense of renderings or models for the City's use. (7) (4) Payments of Reimbursable Expense shall be made monthly upon presentation of the Architects' statement of services rendered. d. Payments to the Architect. Under the Agreement, payment shall bear interest at the legal rate commencing sixty days after the date of billing. e. Terms and Conditions. If the scope of the Project, as herein described is changed materially, or if the services covered by this Agreement have not been completed within twelve months of the date hereof, the compensation shall be renegotiable. f. Architects' Financial Records. Records of Reimbursable Expenses and expenses pertaining to Additional Services on the Project and for services performed on the basis of a Multiple of Direct Personnel Expense shall be kept on a generally recognized accounting basis and shall be available to the City or its authorized representative at mutually convenient times. V. LIMITATION ON COST OF PROJECT. If the lowest responsible bid for this Building exceeds 12.5% of the amount of the Preliminary Cost Estimate approved by the Council pursuant to I.a.(4) hereof, the City may require the Architect to revise the Construction Documents without cost to the City, in such a manner to secure a Construction Cost within the limits herein specified. VI. OWNERSHIP OF DOCUMENTS. All documents furnished the City under this contract shall become the property of the City, but may not be used elsewhere after completion of the Project unless agreed to by the Architect. VII. PROGRESS OF WORK. The Architect will commence performance of this contract upon execution thereof and shall prosecute the same to completion without delay. VIII. TERMINATION OF AGREEMENT. a. This Agreement may be terminated by either party upon seven days written notice, should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. b. In the event of termination, due to the fault of parties other than the Architect, the Architect shall be paid his compensation for services performed to termination date, including Reimbursable Expenses then due and all termination expenses. c. Termination Expenses are defined as Reimbursable Expenses directly attributable to termination, plus an amount computed as a percentage of the total compensation earned to the time of termination, as follows: (8) IX. II XI. XII. XIII. 20 if termination occurs during the Schematic Design Phase; or 10% if termination occurs during the Design Development Phase; or 5% if termination occurs during the subsequent phase. d. "City may, at its sole discretion, terminate this Agreement by written notice to Architect. In the event of such termination, Architect shall forthwith discontinue further services. Architect shall be paid all sums due him at the time of termination, and a reasonable value of services then due and rendered, up to the time of termination. Reasonable value shall be based on the Contract rates as described in Section IU, paragraph b. In the event of such termination, Architect shall turn over copies of all plans, drawings, sketches, calculation, specifications, and contract documents, whether completed or in the course of preparation, as the permanent property of the City." EXTENT OF AGREEMENT. This Agreement represents the entire and integrated agreement between the City and the Architect and superseded all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument, signed by both the City and the Architect. ARCHITECT INDEPENDENT CONTRACTOR. In accepting this Contract, the Architect certifies that no member or officer of the firm or corporation is an officer or employee of the City of San Rafael. In the performance of the services referred to herein, Architect shall act as an independent contractor and not as an agent of the City of San Rafael. 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 defence, which is the result of errors, omission or negligent performance by the Architect, his agents or employees. The Architect shall maintain insurance satisfactory to the City Attorney covering his liability under this contract. CITY AGENT. Unless otherwise provided in this contract, the City Manager or his delegate is the agent authorized to act for the City. LEGAL FEES. If it is necessary for either party to this contract to bring an action against the other to collect any money due hereunder• or to enforce any of the terms or provisions hereof, the prevailing party in such action (9) shall be entitled to reasonable attorneys fees to be awarded by the court in such action— the S WHEREOF, the parties hereto have executed this Agreement on the day and IN WITNES . year first above written. Attest: MARION A. GRADY, City C1 k Approved as CITY OF SAN RAFAEL BR—Mayor BACKEN ARRIGONI & ROSS, INC. By (10)