57R-3913
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RESOLUTION NO. 3913
A RESOLUTION OF THE OITY COUNCIL OF THE CITY
OF ANAHEIM EMPLOYING ROWLAND & JOHNSTON, FRED
V. JOHNSTON, ARCHITECT, TO RENDER ARCHITECTURAL
AND ENGINEERING SERVICES FOR THE DESIGN AND
CONSTRUCTION OF PUBLIC UTILITIES AND PURCHASING
OFFICES AT 518 SOUTH LOS ~GELES STREET IN THE
CITY OF ANAHEIM; fu~D PROVIOING FOR COl4PENSATION
THEREFOR.
WHEREA:S,'"t1ie City Gouncil finds that wHh the rapid
growth ~d increase in population of the City of Anaheim addi-
tional ~ffice help is necessary, and as a consequence additional
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 architect-
ural and engineerin~ services for design, construction and super-
vision thereof should be provided; and
WHEREAS, the City Council finds that Rowland &
Johnston, Fred V. JohnstQn, Architect, 203 South Claudina
Street, Anaheim, Cal ifornia, are qualified. 2.nd capable of
making filuch studies antt surveys, and that se.id architect is
qualified to render architectural, engineeringland supervi-
sory 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 compensation set forth in
that certain agreement dated May 28, 1957, this day submitted
to the City Council, a copy of which is attached hereto and
made a part hereof.
NOW, THE;EFORE, BE 1'1' 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 &re hereby, employed by the City of
Anaheim to perform the services set forth in that certain
agreement dated May 28, 1957, this day submitted to the City
Council, a copy of which is attached hereto and made a part
hereof, upon the terms and conditions and for the compensa-
tion set forth in said agreement; and that all architectural
work shall be under the direct supervision of Fred V. Johnston,
certified architect, and that 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 rererred to, for and on be-
half of the City of Anaheim.
THE FOREGOING RESOLUTION is signed and approved by me
this 28th day of May, 1957.
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MAYeR OF THE CITY OF ANAHEIM
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ANAHEIH
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STA IE 0' CALIFORNIA )
COUIT'f OF OWGE )ss.
CITY OF ANAHEIM )
I, DENE M. WIu'IAMS, City CluJc:: of the City of Anaheim-t
do hereDy certify that the foregoing Resolution was duly passed and
adopted at a regulaX' meetlag of the City Council of the City of
AnaheirA, held on the 28th day of May, 1957, by the fOllowing vote
of the .mbers thereof I
AYES a COUNCIIJ(ENa Pearson, Coons, Fry, Schutte and Wiaser
NOES a COUXCIIJIEJi a None
ABSEJrrI COUJIJIIJIENa None
AND I FUJtTHER CERTIFY that the Mayor of the City of AnaheiJl
approved aad signed said Resolution on the 28th day of May, 1957.
IN WIlllE$S WHEREOF, I have hereunto set my hand affixed
the seal of the City of Anaheim this 28th day of May, 1957.
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A_~\:..~-k{.-- . - - ;-'( _ ,,;/~''p'~'''r''~ -"!; ~......c J
CITY ct:ERIC OF THE CITY OF AlU.HEDI
(SEAL )
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AGREEMENT
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THIS AGREEMENT made the 28th day of May, in the year
Nineteen Hundred and Fifty Seven 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 ereot
Public Utilities and Purchasing Offioes, hereinafter oalled
the Work,
NOW, THEREFORE, the Owner and the Architect, for the
considerations 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 ser-
vices a fee of seven (7) percent of the cost of the Work,
with other payments and reimbursements as hereinafter pro-
vided, the said percentage being hereinafter called the Basic
Rate.
The parties hereto further agree to the following con-
di tions:
1. THE ARCHITECT'S SERVICES. The Arohitect's professional
services consist of the neoessary conferences, the preparation
of preliminary studies, working drawings, specifications, large
scale and full size detail drawings, for architectural, struc-
tural, plumbing, heating, electrical, and other mechanical work;
assistance in the drafting of forms of proposals and contraots;
the issuance of certificates of payment; the keeping of accounts,
the general administration of the business and supervision of
the Work.
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2. REIMBURSEMENTS. The Owner is to reimburse the Architect for
the oost of all reproduotions of drawings in exoess of the twelve
copies provided; the cost of any special consultants other than
for looating of plumbing, heating, air oonditioning, eleotrical,
and other mechanical work, and other disbursements on his account
approved by the Owner.
3. EXTRA SERVICES AND SPECIAL CASES. If the Arohiteot is
caused extra drafting or other expense due to changes ordered
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by the Owner, after approval of preliminaries, or due to
the delinquency 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. PAYMENTS. Payments to the Architect on account of his
fee shall be made as follows, subjeot to the provisions of
Article 3:
Upon completion of the preliminary studies, a sum equal
to 25% of the basic rate computed upon a reasonable estimated
cost:..
During the period of preparation of ~pecifications and
general working drawings monthly payments aggregating at the
co~letion thereof a sum sufficient to increase payments to
75% of the rate or rates of commdssion arising from this agree-
ment, computed upon a reasonable cost estimated on such com-
pleted specifications and drawings, or if bids have been re-
ceived, then computed upon the lowest bona fide bid or bids.
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 Archi-
tect with the following information: A complete and aocurate
survey of the building site, giving the grades and lines of
streets, and adjoining properties; the rights, restrictions, ease-
ments, boundaries, and oontours of the building site, and full'
information as to sewer, water, gas and electrical service. The
Owner is to pay for borings or test pits and for chemical, mech-
anical, 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 end$avor"'by
general supervision to guard the Owner against defects and de-
ficiencies 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.
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 Architect's monthly statements.
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7. PRELIMINARY ESTIMATES. 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.
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 Consultant's fees.
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When labor or material is furnished by the Owner below
its market cost the cost of the work shall beoomputed upon such
market cost.
9. OWNERSHIP OF DOCUMENTS. Drawings and specifications as
instruments of service are the property of the Architect, whether
the work for which they are made be executed or not and are not
to be used on other work except by agreement with the Architect.
10. SUCCESSORS AND ASSIGNMENTS. 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
&hall 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 per-
formance of the Covenants contained herein.
IN WITNESS WHEREOF they have executed this agreement, the
day and year first written above.
Owner
Atjst:
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ity Clerk
By
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Architect
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