HomeMy WebLinkAboutCC Resolution 4427RESOLUTION NO. 4427
A RESOLUTION AUTHORIZING THE SIGNING
OF A LEASE OR AGREEMENT
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RE-
SOLVES as follows:
The MAYOR and CITY CLERIC are authorized to execute,
on behalf of the City of San Rafael a lease or agreement with
Enomoto and Ring, AIA Architect, 818 Fifth Ave., San Rafael
"Library Project"
a copy of which is hereby attached and by this reference made
a part hereof.
I, MARION A. GRADY, Clerk of the City of San Rafael,
hereby certify that the foregoing resolution was duly and re-
gularly introduced and adopted at a regular meeting
of the Council of said City held on Monday the 29th
day of February 19 73 , by the following vote, to -
with.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
MARION A. GRADY - City Ct rk
A G R E E M E N T
THIS AGREEMENT is made and entered into by and between the City of
San Rafael, hereinafter referred to as "City", and Enomoto and Ring, AIA Architect,
with offices at 818 Fifth Avenue, San Rafael, California, hereinafter referred to
as "Architect"
Whereas City contealplates certain remodeling and/or additions to the
City Library facilities located at 1100 "E" Street, San Rafael, California;
hereinafter referred to as "Library Project'!, and
Whereas City contemplates proposing to the residents of San Rafael a
general bond issue to fund said Library Project; and
Whereas City desires to engage Architect to provide preliminary design
plans and cost estimates to properly present the proposed bond issue to the
residents; and
Whereas Architect has expended money and spent numerous hours of tine
with the Library Board, Library Staff and City discussing this Library Project and
desires to render his architectural services to the City on the terns and conditicr.s
provided herein;
NOW THEREFORE, City hereby engages the services of Architect, and in
consideration of the mutual promises herein contained, the parties agree as follo-yrs:
I. TERM
This agreement shall be effective commencing on the date of signing by
City and shall continue in effect until completion of the services set out in
ARTICLE II - SERVICES - of this Agreement or until it has been terminated.
II. SERVICES
Architect shall ��t'1'!O1•Ill PI'OfC'S��iO11ill SLI-\'iC('� C011Si'ti►h(j 0i "�uSfC'1'
planning of the Library to determine a design concept for the 1100 "E" Stre:_;_ S'
and passible inclusion ur a branch library site to give the City and the Library
Board a design concept and cost estimates to adequately inform the public on any
prop6sed bond issue to finance the Library Project. Itenis to be included in this
master planning of the Library are specifically set out on the Critical Path Fly,
Chart attached hereto as EXHIBIT "A" and made a part hereof by reference. The final
presentation to the City and the Library Board shall include a set of Design
Development Drawings prepared according to current standards of the Architectural
profession. More specifically, the Design Development Drawings shall include:
A. Site plan with a sketch model.
B. Floor plans with furniture shown.
C. Cross sections and elevations.
D. A 30 -inch by 40 -inch color rendering of the buildings (exterior)
with landscaping and environmental setting, illustrating at
street level the City Hall and Library Properties.
E. T% -.,o 30 -inch by 20 -inch colored renderings of the libr,.ry interior
taken from vie'vipoints to graphically explain the spacial relationships
of the buildi►ig's interior.
In addition to the above, Architect will provide to the City and Library Board a
cost estimate of the project based upon a square foot cost analysis for the type
of construction contemplated at the time of final presentation of ti;e Design
Development Drawings to the City and/or the Library Board. -It is expressly
understood by the City that the cost estimates to be provided by Architect represent
his best judgment as a design profes'sional familiar with the construction industry.
It is recognized, however, that neither the Architect or City have any control over
the contractor's r;rethod of determining bid prices, or over competitive bidding or
market conditions. Accordingly Architect cannot and does not guarantee that bids
will not vary from any.estimate of probable construction cost prepared by him or
at his direction. Due to the coMplex.ities of the type of building including possible
alterations to the existin, Rlildi►►(l th.►l (IL:;ic,nr;i, A1'C.1)it(' t. rect'nk<"
(2.)
that a design cost engineer be retained by the City prior to the submission of any
bond proposal to the residents.
In completing the master planning of the Library Project as set out
above, Architect agrees to spend reasonable time with the City and Library Board
as contemplated by the Critical Patin Flow Chart, EXHIBIT "A".
At such time as the City obtains the necessary financing for the Library
Project it is contemplated that Architect i,rill be retained by City to perform
complete Architectural Services for the Library Project.
III. CITY'S RESPONSIBILITIES
A. City shall provide to Architect full information regarding its
requirements and program for the Library Project.
B. City shall provide to Architect drawings of the existing Library
building and/or other possible sites for a branch library.
C. Normally a site survey and soils test would be provided by a
client to assist the Architect in the Design Development Phase.
In the event City elects not to provide Architect with these
items, City understands that estimated costs for foundations
and structural components cannot be substantiated accurately.
D.' City shall furnish information required as expeditiously as
necessary for the orderly progress of the work.
IV. TERMINATION OF AG^EEP ENT
City shall have the right to terminate this agreement at any time upon
written notice to Architect. Architect shall be entitled to all remuneration
received to the date of termination by City and payment for work completed to date
of termination.
(3.)
V. FIXED FEE REMUNERATION TO ARCHITECT
City agrees to pay Architect a fixed fee of seven thousand and
seven hundred dollars ($7,700.00) [or the arc.h.i_tccLur_a1 ,icTrced
to herein. Payment of this fee shall be as follows:
$3,000 Date of signing of this agreement by City.
$4,700 Balance to be paid according to monthly progress
billings submitted to City by Architect, due ten
days after submission.
$7,700 TOTAL
VI. OWNERSHIP OF DOCUMENTS
Upon payment by City of the fees and charges as set forth in
paragraph V above, all documents, plans, specifications, renderings
and any and all materials developed in connection with the within
project shall be the property of. City.
VII. SUCCESSORS AND ASSIGNS
Architect shall not assign, sublet or transfer his interest in
this Agreement without the written consent of City.
IX. ATTORNEYS FEES
If any action at law or in equity is brought to enforce or in-
terpret the provisions of this agreement, the prevailing party shall
be entitled to reasonable attorneys fees in addition to any other re-
lief to which he may be entitled.
X. GOVERNING LAW
This agreement shall be governed by the law of the State of
California.
XI. ENTIRE AGREEMENT
This Agreement represents the entire and integrated agreement
between the City and the Architect and supersedes all prior neaotiatiens,
representations or agreements, either written or oral. This a7reement
may be amended only by written instrument signed by both City and Archite
ATTE�T:
G-ity Clerk
Approved as to Form this q'�' day
of CNA" ►_'_ o_ , 1972.
City Attorney
(5.)
DATED: tv %13
CITY OF SAN RAFAEL
C. Paul Bettini, Mayor
DATED: f '