Loading...
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 '