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58R-4481 ,'-'. RESOLUT ION NO. 4481 ,,- A RESOLUTION OF THE CITY' COUNCIL OF THE CITY OF AJWIEIM EMPLOYIl<<1 ROWLAND & JOHNSTON, FRED V. JOHNSTOIi, ARCHITECT, TO RENDER ARCHITECTURAL .AND ENGINEERING SBRVICES FCIl 'mE DESIGN AND CONSTRUCTION OF PUBLIC UTILITIES AND PURCHASIlii OFFICES AT 518 SOUTH LOS AJlGELES STREET IN THE CITY OF ANAHEIM; At1rHORIZING THE EXEC\1l'ION OF .AN AGREEMENT WITH SAID RCM1.AND & JOHNSTON, FRED V. JOHNSTON, ARCHITECT, SUPERSEDING THE AGREE- MENT MADE AND ENTERED INTO ON 'MAy 28, 1957; AND RESCINDING RESOLtrrION NO. 3913. WHEREAS, the City Council finds that with the rapid growth and increase in population of the City of Anaheim addi- tional office help is necessary, and as a consequence addi- tional space is needed for the Public Utilities and Purchasing Offices of the City; and that detailed plans and specifications for a new building for such offices should be prepared, and architectural and engineering services for design, construc- tion and supervision thereof should be provided; and - WHEREAS, the City Council did find and determine that Rowland & Johnston, Fred V. Johnston, Architect, 203 South Claudina Street, Anaheim, California, are qualified and capable of making such studies and surveys, and that said architect is qualified to render architectural, engineering and supervisory services, and did on May 28, 1957 adopt Resolution No. 3913 employing said Rowland & Johnston, Fred V. Johnston, Architect, to render architectural and engineering services for the design and construction of Public Utilities and purchasing Offices and providing for compensation therefor; and WHEREAS, notices were duly published according to law inviting sealed proposals for the construction and comple- tion of said publiC improvement, and at a regular meeting held July 9, 1957, the City Council did find that all bids submitted were in excess of the estimate of the City Engineer of the cost of said public improvement, and did reject said bids and authorize and direct a review of the plans for said public improvement; and WHEREAS, Rowland & Johnston, Fred V. Johnston, Architect, have submitted a new agreement to super.ade the agreement made and entered into on May 28, 1957, and have offered to make preliminary sketches, prepare working drawings and specifications, and provide architectural super- vision of the construction of said public improvement upon the terms and conditions and for the com~ensation set forth in said new agreement dated April 22, 1958 and this day sub- mitted to the City Council, a copy of which agreement is attached hereto and made a part hereof. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that Rowland &. Johnston, Fred V. Johnston, Architect, 203 South Claudina Street, Anaheim, California, be, and they are hereby, employed by the City of Anahei_ to perform the services set forth in that certain agreement dated April 22, 1958, this day submitted to the City Council, a copy of which is attached hereto and aade a part hereof, upon the terms and conditions and for the compensation set forth in said agree_ent; and that all architectural work shall be under the direct supervision of -1- - ,,-. Fred V. Johnston, Certified Architect, and that the said Fred V. Johnston is to act as architect with regard to all work specified in the contract. BE IT FURTHER RESOLVED that the Mayor and the City Clerk be, and they are hereby, authori%ed and directed to execute said agreement hereinabove referred to, for and on behalf of the City of Anaheim. AND BE IT FURTHER RESOLVED that Resolution No. 3913, adopted May 28, 1957, be and the same is hereby rescinded. THE FOREGOING RESOLUTION is signed and approved by me this 22nd day of April, 1958. /1)//7,/~ MAc;jhE~~ ~" ~ k ~G------ , CERK OF THE ~. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SSe CITY OF MAKE 1M ) 1, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certifY that the foregoing r~ution was introduced and adopted at a regular meeting provided by law of the City Council of the City of Anaheim, held on the 22nd day of April, 1958, by the following vote: AYES: COUNCILMEN: Pearson, Borden, Fry, Schutte and Coons NOES: CotJNC ILMEN : None _. ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the Ci ty of Anaheim approved and signed said resolution on the 22nd day of April, 1958. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 22nd day of April, 1958. M;el~1> ~ O?ANElI'. (SEAL) -2- AGREEMENT _. THIS AGREEMENT made the 22nd day of April , in the year Nineteen Hundred and Fifty Eight by and between CITY OF ANAHEIM, California, hereinafter called the Owner, and ROWLAND & JOHNSTON, Fred V. Johnston, Architect, 203 South Claudina Street, Anaheim, California, hereinafter called the Architect, superoedes the Agreement dated May 28, 1957, relating to plans and specifications for the construction of Public Utilities and Purchasing Offioes at 518 South Los Angeles Street, Anaheim, California, WITNESSETH, that whereas the Owner intends to proceed with the erection of the above named building and the original approved plans and specifioations shall be revised so as to include a second floor. NOW, THEREFORE, the Owner and the Architect, for the oonsiderations hereinafter named, agree as follows: The Owner agrees to pay the Architect for such services a fee of seven (7) percent of the cost of the Work, with other payments and reimbursements as hereinafter provided, the said percentage being hereinafter called the Basic Rate. The Owner further agrees to pay the Architect for ad- ditional work at the rate of Six Dollars and Fifty Cents ($6.50) per hour in the event the Owner orders changes involving structur- al revisions to the original plans as approved May 28, 1957. The Architect agrees that all payments received to date for architectural work completed under the Agreement dated May 28, 1957, in the sum of One Thousand Seven Hundred and Eighty Five Dollars ($1,785.00) shall be ful~credited to the City of Anaheim as payment on account of the total fee arising from this Agreement. The parties hereto further agree to the following con- -- ditions: 1. THE ARCHITECTtS SERVICES. - The Architectts professional services consist of the necessary conferences, the preparation of preliminary studies, working drawings, specifications, large scale and full size detail drawings, for architectural, structural, plumbing, heating, electrical, and other mechanioal work; assist- ance in the drafting of forms of proposals and contractsj the issuance of certificates of payment; the keeping of acoounts, the general administration of the business and superVision of the Work. 2. REIMBURSEMENTS. - The Owner 18 to re1mburee the Archltect for the cost of all reproductions of drawings in excess of the twelve (12) copies providedj the cost of any special consultants other than for locating of plumbing, heating, air conditioning, electrical, and other mechanical work, and other disbursements on his account approved by the Owner. -1- - - 3. EXTRA SERVICES AND SPECIAL CASES. - If the Architect is caused extra drafting or other expense due to changes ordered by the Owner, after approval of preliminaries, or due to the delin- quenoy or insolvency of the Owner, he shall be equitably Paid for such extra expense and service involved. If the work is abandoned or suspended, in whole or in part, the Architect is to be paid for the servioes as rendered. 4. PAYMENTS. - Payments to the Architect on account of hie fee shall be made as follows, subject to the provisions before mentioned: Upon completion of the preliminary studies the Owner shall pay the Architect a sum equal to 25% of the Basic Rate. Upon completion and approval of working drawings and speoifications the Owner shall Pay the Arohitect a sum suffioient to increase payments to 75% of the Basic Rate. For the purpose of the above payments, the parties to this contraot shall agree on an equitable estimated oost of the project. During the course of construction the Owner shall pay the Architect for supervision of the Work. Payments for super- vision shall be made monthly and in amounts proportionate to the Work completed. Upon final completion and acceptance of the Work by the Owner, the aggregate of all payments to the Architect shall be equal to the Basic Rate computed on the final cost of the Work. Payments to the Architect, other than those on his fee, fall due as his work is done or as costs are incurred. No deductions shall be made from the Architect's fee on account of penalty, liquidated damages, or other sums withheld from payments to contractors. 5. INFORMATION FURNISHED BY OWNER. - The Owner shall, SO far as the work under this Agreement may require, furnish the Architect with the following information: A complete and accu- rate survey of the building site, giving the grades and lines Of streets, and adjoining properties; the rights, restrictions, easements, boundaries, and contours of the building site, and full information as to sewer, water, gas and electrical services. The Owner is to pay for borings or test pits and for chemioal, mechanical, or other tests when required. ,'- The Owner shall provide all legal advice and services required for the operation. 6. SUPERVISION OF THE WORK. - The Architect will endeavor by general supervision to guard the Owner against defects and defioiencies in the work of the oontraotors, but he does not guarantee the performance of their contracts. The general super- vision of the Arohitect is to be distinguished from the continuous on-site inspeotion of a clerk-of-the-works. When authorized by the Owner, a clerk-of-the-works acceptable to both Owner and Architect shall be engaged by the Architect at a salary satisfactory to the Owner and paid by the Owner, upon presentation of the Architect1s monthly statements. -2- ..-""'" - ,-- 7. Architect Work, but PRELIMINARY ESTIMATES. - When requested to do so the will furnish preliminary estimates on the cost of the he does not guarantee such estimates. 8. DEFINITION OF THE COST OF THE WORK. - The cost of the Work, as herein referred to, means the cost to the Owner, but such cost shall not include any Architect's or Special Consultants' fees. When labor or material is furnished by the Owner below its market cost the cOlt of the Work shall be computed upon such market cost. 9. OWNERSHIP OF DOCUMENTS. - Original drawings as completed shall become the property of the Owner, whether the Work for which drawn be executed or not, but it is agreed that the drawings shall not be reused for other work except by agreement with the Arch! teet. 10. SUCCESSORS AND ASSIGNMENTS. - The Owner and the Architect, each binds himself, his partners, successors, legal representatives, amd assigns to the other party to this .Agreement, and to the part- ners, successors, legal representatives and assigns of such other party in respect of all Covenants of this Agreement. Except as above, neither the Owner nor the Architeot shall assign, sublet Or transfer his interest in this Agreement without the written consent of the other. It is understood and agreed that all architectural work shall be under the direct supervision of Fred V. Johnston, oertt- fied architect, and that the said Fred V. Johnston is to act as architect with regard to all work speoified in the contraot. The Owner and the Architeot hereby agree to the full per- formance of the Covenants contained herein. IN WITNESS WHEREOF they have executed this Agreement, the day and year first written above. Attest: ~J -- , /;r.W~ Oity Olerk Owner CITY OF ANAHEIM ~~ By ~~ M8.'YOr \ Architeot ,-- -3-