58R-4772
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RESOLUTION NO. 4772
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AN.Al-IElf'1 EMPLOYING ROWLAND & JOHNSTON, FRED
V. JOHNSTON, ARCHITECT, TO RENDER ARCHITECTURAL
AND ENGINEERING SERVICES FOR THE DESIGN AND CON-
STRUCTION OF FIRE STATION NO. 4 AT 2736 WEST
ORANGE AVENUE, IN THE CITY OF ANAHEIH; AND PRO-
VIDING FOR COMPENSATION THEREFOR.
WHEREAS, the City Council finds that the City of
Anaheim is rapidly expanding in area and population, and that
the need for additional fire protection is imperative; and
l~REAS, the growing demand for fire protection and
anticipated future demand will tax the facilities of the present
Fire Department to adequately supply such protection and demands
in territories that have been, and which it is anticipated will
be, annexed to and become a part of the City, and detailed plans
and specifications for a new fire station should be prepared and
architectural and engineering services for design, construction
and supervision thereof should be provided; and
WHEREAS, the City Council finds 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 archi-
tectural, engineering and supervisory services, and that he has
offered to make preliminary sketches, prepare working drawings
and specifications, and provide architectural supervision of
construction, upon the terms and conditions and for the compen-
sation set forth in that certain agreement dated September 16,
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 Rowland & Johnston, Fred V. Johnston,
Architect, 203 South Claudina Street, Anaheim, California, be,
and they are hereby, employed by the City of Anaheim to perform
the services set forth in that certain agreement dated September 16,
1958, this day submitted to the City Council, a copy of which is
attached hereto and made a part hereof, upon the terms and con-
ditions and for the compensation set forth in said agreement; and
that all architectural work shall be under the direct supervis ion
of 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, authorized and directed to execute said
agreement hereinabove referred to, for and on behalf of the City
of Anaheim.
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THE FOREGOING RESOLUTION is approved and signed by me
this 16th day of September, 1958.
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ATlfST:
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~tLE~ OF
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STATE OF CALIFOJUiIA)
counr 01' Cti& )u.
CITY OF ,UtUtEDl ~
I, .DEE M. WILLLU&St City Cle:t'tof the Ci.ty of Anaheill.,
do hereby certify that the foregoing Resolution was introdu.ced and
ad.Ocpted at an adj8Urllad regular JlllHtbgof tuCity COWlcil of the
City of ballet., hda en tlIe 16th day of Sep"'rt 195&, by.the
followiag yete I
AYES I COUMCILMElh pearsont BoJ;den, Fry, Schutte and Coons
NOlaI COlIJICIlNElh None
ABSElilTl COUIC!I.IENI Newt
IJIDI FUIlnlEJl CERTIFY that the -*,y.r of the City of
Aaaheim approved and sitneduid Resolution on the lO:thdayof
SepteJlh&t't 1958. .
IN WITNESS WHEREOF, I have herewlto set Jay hand and
affixed the officia.l seal of the City of Ailab,eia thi& 16th day of
S4tptember, 1958.
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CITY. CLUJ( OF'"!HE CIn QF ANAHEIM' ,
. (SBAL)
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AGREEMENT
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THIS AGREEMENT made the 16th day of September, 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.
WITNESSETH, that whereas the OWner intends to erect FIRE
STATION No.4 at 2736 West Orange Avenue in the City of Anaheim,
California, hereinafter called the Work,
NOW, THEREFORE, The Owner and the Architect, for the con-
siderations hereinafter named, agree as follows:
The Architect agrees to perform, for the above named work,
professional services as hereinafter set forth.
The OWner agrees to pay the Architect for such services a
fee of seven (7) percent of the cost of the Work, with other pay-
ments and reimbursements as hereinafter provided, the said per-
centage being hereinafter called the Basic Rate.
The parties hereto further agree to the following conditions:
1. THE ARCHITECTIS SERVICES. - The Architect's 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 mechanical work; assist-
ance in the drafting of forms of proposals and contracts; the
issuance of certificates of payment; the keeping of accounts,
the general administration of the business and supervision of the
Work.
2. REIMBURSEMENTS. - The Owner is to reimburse the Architect
for the cost of all reproductions of drawings in excess of the
twelve (12) copies provided; the cost of any special consultants
other than for locating of plumbing, heating, and/or air con-
ditioning, electrical, and other mechanical work, and other dis-
bursements on his account approved by the Owner.
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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 de-
linquency 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 services as rendered.
4. PAY}ffiNTS. - Payments to the Architect on account of his fee
shall be paid as follows, subject to the provisions before
mentioned:
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Upon completion and approval of the preliminary floor plan,
elevations, and site plan, the Owner shall pay the Architect a
sum equal to 25% of the Basic Rate, computed upon an estimated
cost of $32,000.
Upon completion and approval of working drawings and speci-
fications and the acceptance of a bid and award of contract for
the construction and completion of said FIRE STATION No.4, the
OWner shall pay the Architect a sum sufficient to increase the
payments to 75% of the cost of said Fire Station, as shown by the
accepted bid. The City agrees to award the contract for the
construction and erection of said Fire Station promptly following
the preparation and approval of the working drawings and specifi-
cations.
During the course of construction the Owner shall pay the
Architect for supervision of the Work, which payments shall be a
part of the total fee hereinabove provided for and not in addition
thereto. Payments for supervision shall be made monthly in
amounts proportionate to the Work completed. Upon final com-
pletion 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 for services provided for in
Paragraphs 2 and 3 hereof, shall become due and payable when such
work is done or such 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. INFORJVlA..TION 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 accurate
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 chemical,
mechanical, or other tests when required.
The Owner shall provide all legal advice and services re-
quired for the operation.
6. SUPERVISION OF THE WORK. - The Architect will endeavor by
general supervision to guard the Owner against defects and defi-
ciencies in the work of the contractors, but he does not guarantee
the performance of their contracts. The general supervision of
the Architect is to be distinguished from the continuous on-site
inspection of a clerk-of-the-works.
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When authorized by the Owner, a clerk-of-the-works accept-
able 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 Architectls monthly statements.
7. PRELIMINARY ESTIY~TES. - When requested to do so the Archi-
tect will furnish preliminary estimates on the cost of the Work,
but he does not guarantee such estimates.
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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 cost of the Work shall be computed upon such
market cost.
9. OWl~RSHIP 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
Architect.
10. SUCCESSORS AND ASSIGN~ffiNTS. - The Owner and the Architect,
each binds himself, his partners, successors, legal representa-
tives, and assigns to the other party to this Agreement, and to
the partners, 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 Architect 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, certi-
fied architect, and that the said Fred V. Johnston is to act as
architect with regard to all work specified in the contract.
The OWner and the Architect hereby agree to the full perform-
ance of the Covenants contained herein.
IN WITNESS WHEREOF they have executed this Agreement, the
day and year written above.
OWner
CITY OF ANAHEIM
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Attest:
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By~_. u,/
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Architect
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