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58R-4910 - ""'~ RESOLUTION NO. 4910 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM EMPLOYING SMITH, POWELL & MORGRIDGE, ARCHITECTS, TO RENDER ARCHITECTIJRAL AND ENGI- NEERING SERVICES FOR THE DESIGN AND CONSTRUCTION OF A NEW CIVIC CENTER IN THE CITY OF ANAHEIM; AND PROVIDING FOR COMPENSATION THEREFOR. WHEREAS, the City Council finds that the City of Anaheim is rapidly expanding in area and population, and that in order to best serve the citizens and residents thereof, and provide suitable and sufficient offices and working space for the employees of the City, it is necessary to erect ~ new civic center consisting of a library building, police facilities building, city hall, and appurtenant work, including site develop- ment; and that detailed plans and specifications for said new civic center should be prepared and architectural and engineer- ing services for design, construction and supervision thereof should be provided; and WHEREAS, the City Council further finds that Smith, Powell & Morgridge, a Co-partnership composed of David D. Smith, Herbert J. Powell, Howard H. Morgridge, Albert A. Richards and R. Redmond Coghlan, Architects, 208 West 8th Street, Los Angeles 14, California, are qualified and capable of making such studies and surveys, and that said architects are qualified to rerider architectural, engineering and supervisory services, and that they have offered to consult with the representatives of the City, prepare an analysis of the site location, prepare a master plan showing the various buildings, and relation to one another, the development of the grounds, etc., prepare the preliminary structural and architectural studies and/or sketches of the individual buildings, and all revisions thereof, prepare complete structural, architectural, mechanical and electrical working drawings and specifications, including the necessary large scale and full size detail drawings, and to provide architectural supervision of the construction, upon the terms. and conditions and for a fee equal to eight per cent (8%) of the total cost of the Project, together with such other payments and reimburse- ments as set forth in that certain agreement dated December 9, 1958, this day submitted to the City Council, a copy of which is attached hereto and made a part hereof. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that Smith, Powell & Morgridge, Architects, 208 West 8th Street, Los Angeles 14, California, be, and they are hereby, employed by the City of Anaheim to perform the services specified in that certain agreement dated December 9, 1958, hereinabove referred to, and this day submitted to the City Council, a copy of which is attached hereto and made a part hereof, and upon the terms and conditions and for the compensation set forth in said agreement. ~.,......., AND BE IT FURTHER RESOLVED that the Mayor and City Clerk be, and they are hereby, authorized and directed to execute said agreement for and on behalf of the City of Anaheim. -1- AGREEMENT BETWEEN OWNER AND ARCHITECT THIS AGREEMENT made and entered into this 9th day of December , 1958, by and between CITY OF ANAHEIM ORANGE COUNTY, CALIFORNIA, hereinafter referred to as the &awner," and SMITH, POWELL & MORGRIDGE (a co-partnership composed of David D. Smith, Herbert J. Powell, Howard H. Morgridge, Albert A. Richards and R. Redmond Coghlan) herein- after referred to as the "Architect." WITNESSETH: That, Wherea. the OWner intends to erect a CIVIC CENTER, consisting of a LIBRARY BUILDING, POLICE FACI- LITIES BUILDING, CITY HALL, and appurtenant work, including site development, And, Whereas the Architect is regularly licensed by law to practice architecture in the State of California, NOW THEREFORE, The OWner and the Architect, for the considerations hereinafter named, agree as folloV$: FIRST: The Architect agrees to perform, for the above-named work, professional services as hereinafter set forth; and SECOND: The OWner agrees to pay the Architect a fee equal to eight per cent (8%) of the total cost of said "Project," together with such other payments and reimbursements as are hereinafter provided. It is understood that when the program has been developed to the point that accurate estimates of areas and costs can be determined, then by mutual agreement a fixed amount may be substituted for the eight per cent (8%) fee; pro- gressive payment percentages on the fee shall remain unchanged. The Architect shall endeavor to prepare the working drawings and specifications in such manner that the total con- struction cost of the "Project" shall not exceed the amount of said "estimated cost" by more than ten per cent (10%), and if required by the OWner, after competitive bids have been received, based on said working drawinis and specifications, and the lowest acceptable bid exceeds said estimated cost" by more than ten per cent (10%), the Architect shall revise said working drawings and specifications in such manner as will rermit the securing of new bids thereon which do not exceed said estimated cost," without additional compensation to said Architect, unless the program or preliminary drawings for the "Project" have been materially changed or added to b~ the OWner in such manner as would increase the cost of said Project" to an amount in excess of said "estimated cost," and/or unless the market value of labor and/or material shall have been materially increased after the establishment of the said "estimated cost." The parties hereto further agree to the following con- ditions: ARTICLE I. The Architect's Services. The services to be performed or provided by the Architect for the OWner under this Agreement shall include the following: -1- .-. - 1"""""'-. (a) The necessary consultations and conferences with employees and/or representatives of the OWner. (b) The necessary services required to prepare an analysis of the site location; to prepare a master plan show- ing the various buildings, their relation to one another, the development of the grounds, with parking, planting, walks, drives, and other landscape features; to prepare up to three architectural renderings suitable for publicity and display purposes. (c) The necessary services required to pre,are the preliminary structural and architectural studies and/or sketches of the individual buildings, and all revisions thereof, and incorporating therein also any changes in the "Master" plan required by the OWner. (d) Upon approval and acceptance of said preliminary studies and/or sketches by the OWner, the preparation of com- plete structural, architectural, mechanical and electrical working drawings and specifications, including the necessary large scale and full size detail drawings, all changes necessary to comply with the requirements of, and to secure the necessary approvals thereof, and relevant permits for the "Project" from the proper State, County, City and/or other Governmental authorities having jurisdiction. (e) The checking and approving of all shop drawings. (f) Consul ting with the OVner's representative, if such consultation is requested in the preparation of bid forms and the contract or contracts awarded by the OVner for said work. (9) The general supervision and direction of all work on the "Project." (h) Preparing estimates of costs of the "Project." (i) Making reports, when requested by the OWner, as to the progress of the work on the preliminary studies and/or sketches, and/or working drawings and specifications. (J) App,roving certificates of r,ayment a. stipulated in ARTICLE XIII, Certificate of Payment.' ARTICLE II. Labor and Material furnished below Coat. When labor and/or material is furnished by, or to, the owner, below its market cost, the cost of the work shall be computed upon the basis of such market cost. ARTICLE Ill. Extra Services. No extra services shall be rendered by the Architect under this Agreement unless such extra services shall first be authorized by the OWner. .,- ARTICLE IV. pa~ents. Payments to the Architect r on account of his fee sha be made as follows: (a) On completion of the architectural services .et forth in ARTICLE I (b) and the approval and adoption thereof by the OWner, a .um which shall amount to two and one half (2-1/2) -2- ~ -- ---.. -- ..--.. ...w ....,.,.a ___.~ ,-,I'". \'U"..L ....1I11~. palQ too ..Id architect to torty per cent (40*) of the te. .tipulat.d in Paragraph SECORD of tbil Agr....nt. (d) .pec if icaUona th.reof bv the Upon completion of the working drawinga and (excI.aive of tull-aized d.taila), the approval OWn.r. and the s.bmi..ian thereat to the Gavern_ times drafting time plus actual cost of archItectural render- ings at not to exceed two hundred fifty dollars ($250.00) per rendering. (b) Upon the completion of the preliminary structur- al and architectural studies and/or sketches, estimate of costs, and the approval and/or adoption thereof by the OWner, a sum sufficient to increa.e the total amounts paid to said Architect to twenty per cent (20%) of the fee stipulated in Paragraph SECOND of this Agreement and based on the "estimated cost." (c) When the working drawings are fifty per cent (50%) complete as certified by the Architect and such certi- fication approved by a qua~ified representative of the OWner, a sum sufficient to increase the total amounts paid to said architect to forty per cent (40%) of the fee stipulated in Paragraph SECOND of this Agreement. (d) Upon completion of the working drawings and specifications (exclusive of full-si&ed details), the approval thereof by the Owner, and the submission thereof to the Govern- meatal Authorities having Jurisdiction for the necessary approvals and relevant permits for the "ProJect," a sum suffi- cient to increase the total amounts paid to said Architect to sixty per cent (60%) of the fee stipulated in Paragraph SECOND of this Agreement. (e) Upon receipt of the necessary approvals and relevant permits referred to in Sub-division (d) of this Article, a sum sufficient to increase the total amount paid to said Architect to seventy per cent (70%) of the fee stipulated in Paragraph SECOND of this Agreement. (f) Upon award of contract(s), a sum sufficient to increase the total amount paid to said Architect to seventy-five per cent (75%) of the fee stipulated in Paragraph SECOND of this Agreement, and based on the contract price, or, if by mutual agreement, a fixed fee has been substituted for the eight per cent fee, then based on the fixed fee. (g) Upon completion and acceptance by the OWner of the work specified in the contract(s) that are based upon the Working drawings and specifications of the Architect, a sum sufficient to increase the total amounts paid to said Architect to one hundred per cent (100%) of the fee stipulated in Para- graph SECOND of this Agreement. (h) Payments to the Architect for extra costs and/or services shall be made as such extra costs are incurred and/or when such extra services are approved by the proper State, County, City and/or other Governmental authorities and/or by the OWner. ARTICLE V. Surveys and Tests. The OWner shall fur- nish the Architect with a complete and accurate survey of the "Project" Site, shoving the location of the building, or build- ings, elevations of first floor of any buildings, grades around any buildings, grades and lines of streets, pavements, bounda- ries of adjoining properties and contours of the site, and full information as to sever, vater, gas and electrical services. -3- - The OWner shall furnish the Architect with soil tests, field and/or laboratory tests of materials and geologicalsur- vey. made by a Testing Laboratory or expert qualified to make such tests and/or surveys acceptable to said Architect, if such technical information is required. The said information shan be furnished to the Architect in ample time so as not to delay the progress of his work. ARTICLE VI. Fees. The Owner shall pay all fees re- quired to obtain approv.,-of the drawings and specifications for the construction of the "Project" from State, County, City, and/or Governmental authorities having Jurisdiction. ARTICLE VII. Segregated Contracts. In the event that the OWner shall desire any of the work to be done as segregated contracts, the Architect shall be notified in writing to make such segregations, otherwise the working drawings and .pecifi- cations, including those for architectural, structural, mechani- cal and electrical work, shall be prepared so that the work will be executed under one contract. Studies (a) It is understood and agreed that time is the essence of this Agreement, and that the Architect shall prose- cute diligently to completion all of the services required of him by this agreement. (b) The time during which said Architect is delayed in his work by the acts or neglect of the Owner, or its employees or those under it by contract or otherwise, or by the Acts of God which said Architect could not reasonably have foreseen and pro- vided for, and which are not caused by, or the continuance of which is not due to any fault or negligence on the part of .aid Architect, shall not be construed as lack of diligence on the part of the Architect to complete the services required of him by this Agreement. (c) The Architect shall not be held responsible for the time required by the State, County, City and/or other Govern- mental authorities having Jurisdiction to act in the issuance of approvals and relevant permits. ARTICLE IX. Postponement of Construction. If, after the Architect shall have completed the services as called for in Paragraph (d) Article I of this Agreement, the OWner deter- mines to postpone construction of the "Project" or any part thereof, there shall be due and payable to the Architect for his services for that part of the "Project" on which construction is postponed, a sum sufficient to increase the total amount paid to said Architect to seventy-five per cent (75%) of the fee stipulated in Paragraph SECOND of this Agreement and based upon the lowest bona fide bid for said part of the "Project," the construction of which is postponed. If no bona fide bid is received, said payment shall be based on an estimated cost .s shall be mutually agreed upon between the parties to this Agree- ment. ARTICLE X. of Agreement. If the -4- it necessary or desirable to abandon the prosecution of the "Project" for which the professional services described in this Agreement are to be rendered. the owner may terminate this Agreement by giving the Architect written notice of such abandonment and of the termination of this Agreement. In the event of such termination, the OWner shall pay to the Archi- tect as full payment for all services performed and all expenses incurred under this Agreement, an amount which bears the same ratio to the total fee otherwise payable under this Agreement as the services actually rendered hereunder by the Architect bear to the total services necessary for the full performance of this Agreement. There shall be deducted from such amount. however. all payments theretofore made by the OWner under this Agreement to the Architect. In ascertaining the services actually rendered hereunder up to the date of the termination of this Agreement. consideration shall be given to both completed work and work in the process of completion and to complete and incomplete drawings and other documents whether delivered to the OWner or in the possession of the Architect. Provisions for the payment of the total fee through install- ment payments shall not be controlling in computing the amount payable hereunder upon the termination of this Agreement. If, at any time following the termination of this Agreement, the OWner thereafter should determine to complete the original project or substantially the same project. the OWner for such purpose shall have the privilege of: <a) Utilizing any and all cOiEleted drawings. speci- fications. estimates and other complete contract documents prepared under this Agreement by the Architect. who shall make them available to the OWner upon request without additional compensation, and (b) Requiring the completion by the Architect of any and all partially comileted drawings. specifications, e.timates, and other part ally completed contract documents and the delivery of such documents to the OWner, in consider- ation of which the Architect shall be paid by the OWner an amount representing the value of the additional services per- formed, computed in the same manner as above provided for the computation of the Architect's compensation upon the termination of this Agreement. ARTICLE XI. Failure of the owner to Act. If the OWner does not act upon the approval and adoption of the pre- liminary studies and/or sketches submitted by the Architect, by acceptance. rejection or suggested modification. or does not act upon the approval and adoption of the working drawings and specifications submitted by the Architect, by acce~tance, rejection or suggested modification. within thirty (30) days after such submission and recommendation. as the case may be. there shall be due and payable to the Architect corresponding payments on the fee, as set forth in ARTICLE IV. plus the amounts. if any, still due the Architect under the provisions of ARTICLE III. ARTICLE XII. Supervision and sultrintendence of the Work. The OWner shall provide and pay for he service. of an inspector satisfactory to the Architect, to provide competent, adequate and continuous inspection and/or superintendence of -$- - the work during construction. Said Inspector shall act under the direction of, and shall be responsible to the Architect and shall represent the Owner and the Architect on the work. The Architect shall provide general supervision of the work and shall be in responsible charge. The Architect shall inspect the work from time to time as the magnitude and progress thereof may require, and shall visit the work promptly whenever requested to do so by the OWner. The supervision of the Architect is to be in addition to the continuous personal supervision of the Inspector. ARTICLE XIII. Certificates of Payment. Accounts of the construction contract{s) for the construction of the .ProJect" will be kept by the Owner. The Architect shall examine each application for payment of the Contractor(s), and when such application is found correct and satisfactory, the Architect shall sign the certificate of payment. ARTICLE XIV. The Architect agrees to furnish twelye (12) copies of drawings and specifications except two (2) copi..s only shall be furnished for any full si%ed details. The origi- nal drawings and specifications for the project shall be and remain the property of the Architect as instruments of service. After completion, the Architect shall furnish the OWner with two complete sets of "as-built" prints. ARTICLE XV. Compensation Insurance. The Architect shall carry and pay for such compensation insurance as is neces- sary fully to protect himself and his employees under the Work- men's Compensation Insurance and Safety Act and to relieve the OWner from all responsibility thereunder in connection with the performance of this Agreement, and upon request shall file with the OWner a suitable statement certifying to said protection. IN WITNESS WHEREOF, the parties to this Agreement have hereunto caused the same to be executed the day and year first above written. CITY OF ANAHEIM OWNER BY l"Iay 0 r Attest: Ci ty Clerk SMITH, POWELL & MORGRIDGE, Architects BY BY -6- ,~ THE FOREGOING RESOLUTION is approved and signed by me this 9th day of December, 1958. ./ / ..) ff ~ "~.\?t/,= ~.=m MAY; F THE CI'ff 81 . E ATTEST: ~ ..... .... ~.> 1.. ' / . ~ ~ ~~ - 'CCERK 6r ~I~ OF AJ'AHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 9th day of December, 1958, by the following vote: AYES: COUNCILMEN: Pearson, Borden, Fry, Schutte and Coons NOES: COUNC ILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 9th day of December, 1958. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 9th day of December, 1958. ~ --. ~~.... ... , //1: / . .. RKOF.T f~F~ (SEAL) _. -2-