58R-4671
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RESOLUTION ~O. h671
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A HESOLU'.LlIl):LJ ()_~ '.J.1~~ (;J,-,T i,jO';jL.rCTL 01,1 l'lTE CITY
O~' AL;.b EII'1 JWIPLOYIl~G cmvLA1"D 0: JOHNSTON, PRED
V. JCJd:STOi:;, AHC:.Ti'::"C']', 1'0 ii:IGl,;D:E;E AhCHI'fEC'rURAL
A~{L) ~-~1,"GJ~L-E21:{Ll.~:._j SERVICES ~,:lOh JESIGN ltND
C..'l';S_L1F;,UC'.'V'.I()}l OFI j-l:,TDL:LC L.s~:V,:"' R001'1 i.~lACILlrLIES AT
LA PALE..". PARL S'I'A.0IUN IN l'ili, CI'i'Y 'J/ AHAHEIH;
P......(U F l,__OV~Dl..\,~- }iJ01( COl'..IP3}JSATI()1';i '.1'il.C,:'J~J:j10R.
~'IHEREAS, the CiLty Council f'inds that public rest room
facilities should be constructed in tbe La Palma Park i::ltadium at
La Palma Park, in tne City of' Ananeim; and that detailed plans
and specii'ications for saldfacilities should be prepared, and
arcnitectural and en ineerini= services for design, construction
f-lnd superv5-sion t>lereof shOillo. 1-'8 ~r~)vid.ed; and
~J-:EnEA::', t':Je (;i ty 'vouncil finds that HOHland & Johnston,
.ereo V. Johnston, Arc itect, 203 South Claudina Street, Anaheim,
Celif'ornia, are qualified a1)(1 capable of maJdw; such studies and
surveys, and tnat said architect L: qualified to render architect-
ural, engineering and supervisory services, and that he has offered
to make preliminary sketches, prepare Horkin- draHings and specifi-
cations, and provide G,Y'chitectural supervision of construction,
upon tile terms and conditions and for the compensation set forth
in that certain asreement dated July 31, 195e, this day submitted
to the City Council, a COP-," of' w'c.Lch is attached hereto and made
'J parthe:['eof.
N01.V,L'rlEeJ:<::F'ORE, ,{D, I.e' .K.G.:>OLVED by the City Council of
the Oi ty o~c Anal:leim, t'J.at f:oHland 0: Johnston, F'red V. Johnston,
Architect, 203 Soutn Claudina Street, Anaheim, California, be,
ane teley are hereby, el1;ployed by the City of Ana,.lJ.eim to perf'orm
the ser-vices set forth in t;,l.at certain aGreement dated July 31,
19Sr, this day submitted to the City Council, a copy ai' which is
attached her'eto and made a part hereof, upon the terms and coned tions
and faT' the compensation set i'orth in said agreement; and that aLL
architectural work shall be under the direct supervision of Fred V.
,'ohnston, certified architect, and that the said Fired V. Johnston
is to act as architect with regard to all Hork specified in the
contract.
B,~., 1'=' clTn'l'Ei;I ;-iESuLV,"D t1wt the Fayor and the City
Clerk be, and t'.'ey are her'cby, 8'lt:lorized and directed to
execute said a~reement hereinabove referred to, for and on be-
half o~ tne City of Anaheim.
~LiHb' 1~\:;REGOI1\
thi s 29th day 01' J'uly,
RE30LU'l'I01' is sit:nec and approved by me
1958.
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STATE 0,:;' Oi'.LI.L"Oc\hIA
COmr:i:Y 0 OHAiWE
C I T J' 0," .c,j<J1.. JE Ill'!
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I, D:t;~L h. 'dILLIANS, Cit,-,r ~lerk of the City of
Anaheim, do hereby certify that the foregoing resolution
was lntroduced and adopted at an adjourned regular meeting
provided law of -che City Counci.l of the City of Anaheim,
held on the 29th day 0:(' July, 1958, by the .following vote:
AYbS:
COUHGILL.2;N: PEAHSOl, , BORDE\, 1,lRY, SCHU'l'TE
and COOi,::>.
NO~~S :
COUNCILtJIEN: IIJONE.
ABS:B;N'f: COUNCILIJ:EN: NONE.
A.lm I 8'URTHER CEETIFY that the Nayor of the City of
Anaheim approved and signed said resolution on the 29th day of
July, 195,0,.
IN WI'I'NE,sS '/llKlEOF, I have hereunto set my hand and
affixed the official seal of the Ci ty OI~ Anaheim this 29th day of
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J U ~r, - _:J-- .
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C~ CLERK O:B'7JiE" CITY OF ANAHEIM
(SlLAL)
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ALlE.sJ2:I~I.6j\T
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'ELIS Ali;EEl'lE;;!:' maae the 31st day of ,July, in the year
lIineteen I-iundre-a. and F'if't'T ~ight by and between
CITY u~<' ANAEEIIvr, California, hereinafter called the Owner,
ana RO\:JLAIW &; J0:~NSI'O;~, .F'red V. Johnston, Architect, 203 South
Claudina Street, Anaheim, California. hereinafter call the Archi-
teet.
VJTI'l'i:.i:SSErrH, that whereas t,::ce OHner intends to erect ?ublic
""est Hoom i,'acilities in La Palma Stadium at La Palma Park in the
Gi ty of Ananeim, Cal iforni,a, here; nafter called the 1iork
NOW, '-,-'"1,,,, ,"'OEE, the O\vner iUlU tne Architect, for the consid-
erations hereinafter named, a~ree as f'ollows:
Tne Architect a,,;rees to perform, for the above named Hork,
professional services as hereinaf'ter set forth.
The OHner a~rees to pay the Architect for such services a
fee of seven (7l percent of 'ens cost of tile 1vork, Hith other pay-
ments ano reimbursemen s as here5_nafter provided, the said per-
centage being hsreinafter called tne Basic 2ate.
The parties [lSreto i'urtder ac:ree to the followin: conditions:
1. I'dB ALC;,IT.tJCrl'IS ::,2RVi'CES. - The Architect's professional ser-
vices consist of the necessary conferences, the preparation of pre-
liminary studies, 'workir. C' draHiw:s, specifications, large scale and
['1)11 size detail draH1Yl';'s, Cor arcrlitectural, structural, plwnbing,
heatin~, electrical, and other mechanical Hark; assistance in the
draftin of fOf'ms of pl'oposals an:J, con erects; the issuance of cer-
tificates 0[' payment; the keeping of accounts, the ';sneral adminis-
tration o'~ the businss,: 8.nd 3'.'.pervlsLm otGL-18 i'lork.
2. ~iSJ~l._.j r':0__~, i-..J-iI;lS. - r:i.1:>-18 Owner is to reimburse the Architect .for
the cost 0 all repro~uction~ of drawings and/or specifications in
excess 00 ~~c twelve (12) copies rovide6; the cost of any special
CODS1.1.lt8TGS otCJBl' tnan:'or locat"CJ of pluillrJin:;;, heating and/or air
conc~:Ltio:}ln.~:~, electrical, anc O-IJ1l8l" lE6cfiacical vlorL:::, and other dis-
~)DrSemel:ts on 1-.2.1. ~~ aCCOl),.nG a ;-rovec:: t:18 Ol,1ner.
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.t<:Xl.l-cA wl!;nV1VH) Ii",) ..;P.c,C::ii..L",:,.,SE;;j. - If' the ArchHect is
dre.ftin - 01' Oeliel' expense due to chanr2es ordered by the
a'}JI'oval of preliminaries, or ,:me to the delinquency or
of te 01t1ner, he shall be equitably paid i'or such extra
a~ service involved.
caused
Owner,
insol-
ex-
eXT,ra
after
-iTency
pense
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Ii' the HOy'i{ :t3 atcanQoneu or' suspended, in "ihole or in part,
tr-:e Arcr'>i:ecl; .:5 to bo oaidf'or t-l.S services as rendered.
::. PAYj'_}:;NTS. - Payment S GO Lie i.rcli tect on account of his fee
shall be paid as foliows, s~bject ~o the provisions before mention-
ea:
Upon completion of the ureliminaries t"lO OHner s'1.all pay the
AY'cnlteci: a sum equal to 25;0- of t:le:asic Rate.
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Upon completion and approval 01' Harkin
fi_cation,_ the Owner shall pay the ,~l'chitect
increase payments to 75;& of' the asic l:a te.
drawings and speci-
a sum sufficient to
for the purpose at \;.'.le ac,ove p8.yments, the parties to this
contrD.ct s:mll B,,'ree on an eq1.dtable estimated cost of tne project.
During the course of CODst~lction the Owner shall pay the
Architect for supervision of the Work. Payments for supervision
shall be,nade monthly and in amount:J proportionate to the Work com-
pleted. 'Jpon .final completion ana acceptance of tile Work by the
vHner, t ,'3cl";C'reiate or all pa'me.nts to trle Architect shall be
equal to the 'Basic [(ate cOlrllmted on the final cost of the Work.
Fayc)()nts to the .tu'cnitect, other" than tteose on his fee, fall
Que as his work is done or as costs are incurred.
"!o Geductions shell be made from the Architect I s fee on
account or oer181ty, liquidated dama'::es, or- other sums Hithheld
from paY12ent s to contractors.
5. il.l~IOPJvLAT=Gl.< ;JTrJ-(L\~;:)l-iliD i;~{ (i~vI~-Ei'~. - rrlle Ulmer shall, so far
as the WQY'k under this agreement maJ require,furnish the Architect
witr- the folLOW n' information: A complete and accurate survey of
the buildln~ site,givinC the .raaes and lines of streets, and ad-
joininc proLJerti es; tne 1'i ::hts, rest:r'ictions, easements, boundaries,
snd contours of tae building site, and full informatiQn as to sewer,
Hater, gas ~lDd elec;rical serv:iees. The Owner is to pay for borings
or test ~Ji ts ana 1"01' cnemical, rcec'lanical, or other- tests when re-
Guiped.
rj~e Olrmer s' 'all provide all lei!;al advice and services required
for the operatiOI).
(" J'Tt.LV,:SIG", OH' _L": WORK. - The Architect Hill endeavor by
en era 1 s~p8rvision to guard tile OHner against defects and deficien-
cies in tIe HQr-k of' tno conl;l'a'~tor-s, but he does not guarantee the
)er.L'OJ:'ly[1H~ce of t"ceil' contracts. '['he general supervision of the
hrcl'itoct is to oe Qlstinsuishec fron the continuous on-site inspect-
ion of p clerlc-of-the-works.
\J"en authorized by the 01inOY', a clerk-of-the-Horks acceptable
to bot'l OHner and j,rCili teet snall:)e eYl'-saged by the Architect at a
salary satisfactory to tne 01-mer ana. paid by the OHner, upon pre-
sentation 00 the Archi~ectls monthly statements.
: . PHELIEH:Ah); ES'rIkhl'ES. - 1,1Tnen requested to do so the Archi-
tect will f~rnish preliminary estimates on the cost of the Work,
bu\; he does not ~uarantee such estimates.
f D.GJi'IlnnOL 0.' E ..c:';O::iT O.L l'l.l:,,~OmL -i'he cost of the work,
as herein referred to, means t18 cost to the ON"Der, but such cost
shall not include any Architect1s or Special Consultantsl fees.
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-Afh.en labol) aI' material is i\u'nished :)y the OHnel' below its
market cost the cost of the Work shall be computed upon such mar-
ket cost.
(). ,Y,'l1'-DRSl'lIP OP DOCiJl-,,,,lH'S. - OrL;inal cirawln~;s as completed
shall become tne property of' the aHner, w')ether the work for which
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arawn be executed or Dot, but it is a~re8d that the draHings shall
not he reused for othor Hor~ except by afreernent Hith the Archi-
tect.
lC. SUC;ESSORS AND A0;"IGNl{c;I~'rS. - The Owner and the Architect,
eacn bines ':limself, his ;artners, sU.ccessors, legal representatives,
and assir~ns to tne other oart~T to this Agreement, and to the partners,
successors, le:al y'epresentatives ano. assigns at' such other party in
resgect Of all Covenants of this Agreement.
Except as a.bove, neither' tne Olmer nor' tne Architect shall
ass,ir;D, sui-;let or traDsi'er clis 1nte,est in th1s Agreement Hithout
the written consent of tue 0~n8r.
It ... S .mderstood and a;;reed tuae all architectural work shall
be under Le d1rect ;upervisicn of Fred V. Johnston, certiI~ied archi-
tect, ami LIat tlJe said. 1"red V. ,Johnston is to act as architect with
Ilesard to all work specified in tIle contract.
Tne Owner and the Arcb"c tect hereby agree to the f'ull peri'orm-
unce of ;~e Covenants contained herein.
1;', ilI'i\i.E;3S HlllircSOJ" they have executed this Agreement, the day
aria year Hritten above.
Owner CIT'( OP ANAhEnI
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By
Attest:
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f.??'~
Mayor
Architect
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