63-0330ATTEST: DENE M. WILLIAMS, CITY C
RESOLUTION NO. 63R- 330
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM EMPLOYING DAN L. ROWLAND,
ARCHITECT, TO RENDER ARCHITECTURAL AND
ENGINEERING SERVICES FOR THE DESIGN AND
CONSTRUCTION OF FIRE STATION NO. 6 AT
EUCLID STREET AND PALM LANE, 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 the need for additional fire protection is imperative;
and
BY oG_4 t-� ��PUTY
CITY CLERK OF THE CITY OF ANAHEIM
Engineering
Accounting Office
WHEREAS, the growing demand for fire protection
and anticipated future demand will tax the facilities of
the present Fire Department to adequately supply such pro-
tection 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 super-
vision thereof should be provided; and
WHEREAS, the City Council finds that DAN L. ROWLAND,
ARCHITECT, 617 South Harbor Boulevard, Anaheim, California, is
qualified and capable of making such studies and surveys, and
that said architect is qualified to render architectural, en-
gineering and supervisory services, and that he has offered
to make preliminary sketches, prepare working drawings and
specifications, and provide architectural supervision of con-
struction, upon the terms and conditions and for the compen-
sation set forth in that certain agreement dated April 23,
1963, 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 DAN L. ROWLAND, ARCHITECT,
617 South Harbor Boulevard, Anaheim, California, be, and he
is hereby, employed by the City of Anaheim to perform the
services set forth in that certain agreement dated April 23,
1963, 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 compensation set forth in
said agreement.
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.
THE FOREGOING RESOLUTION is approved and signed by
me this 23rd day of April, 1963.
YOR OF THE CI OF ANAHEIM
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 No. 63R -330 was
introduced and adopted at a regular meeting provided by law, of
the City Council of the City of Anaheim, held on the 23rd day of
April, 1963, by the following vote of the members thereof:
AYES: COUNCILMEN: Dutton, Chandler, Schutte, Krein and Coons
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said Resolution No. 63R -330 on the
23rd day of April, 1963.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of Anaheim, this 23rd day
of April, 1963.
(S
DENE M. WILLIAMS
CITY CLERK OF THE CITY OF ANAHEIM
DEPUTY CITY CLERK
AGRE EMEti T
THIS AGREEMENT made the 23rd
day of April
in the year Nineteen Hundred and Sixty Three by and between
CITY OF ANAHEIM, CALIFOR IA, hereinafter called the Owner, and
DAN L. ROWLAND, A.I.A., 617 South Harbor Boulevard, Anaheim,
California, hereinafter called the ARCHITECT.
WITNESS. `I'H, that whereas the Owner intends to erect FIRE
STRATI(�l NO, 6 at and Palm Lane
Euclid Street/.n the City of Anaheim,
California, hereinafter called the Work,
NOW, THEREFORE, the Owner and the Architect, for the consid-
erations 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 Four (4) Percent of the cost of the Work.
The parties hereto further agree to the following conditions;
1 THE ARCHITECT'S SERVII S. The Architect's professional ser-
vices consist of the necessary conferences, the preparation cf pre-
liminary studies, working drawings, specifications, iar.re scale and
full size detail drawings, for architectural, structural, pl:_;:bing,
heating, electrical, and other mechanical work; assistance in the
drafting of forms of proposals and contracts; the issuance of cer-
tificates of payment; the keeping of accounts, the general adminis-
tration of the business and supervision of the Work.
2 REIMBURSEUENTS. The Owner is to reimburse the nr:h tect for
the cost of all reproductions of drawings and specif icyat .on8 in
excess of the three (3) copies provided; the cost of any speial
consultants other than for locating of plumbing, treating, anU /rr
air conditioning, electrical, &.nd other mechanical w.ra, and ether
disbursements on his account approved by the Owner.
3. EXTRA SERVICES AND ST EOlA1, CASES, If the ,,.architect is caused
extra drafting or other expense due tc changes ordered by t:,e owner
after approval of the preliminaries, or nor arc hitecto:.'; services
required to accommodate the use of tt:e drawings for not ._re s. es
he shall be paid extra for such services on an hourly ..te at t hri
hourly rate prevailing at the time such services ere ordered ;y
the City of Anaheim,
-1-
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, subject to the provisions of Article
3:
Upon completion and approval of working drawings, the sum of
One Thousand Dollars (41,000.00).
Upon award of contract for construction, a sum sufficient to
increase payments to seventy -five (75) percent of the fee.
Payments to the Architect for Supervision of the Work shall
fall due as the Architect's 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 O NCR. 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 ad-
joining properties; the rights, restrictions, easements, boundaries,
and contours of the building sites, and full information as to sewer,
water, gas and electrical services. The Gunner is to pay for borings
or test pits and for ohemical, mechanical, or other tests if required.
The Owner shall provide all legal advice and services required
fcr the operation.
6. SUPERVISION OF THE WORK. The Architect will endeavor by general
supervision to guard the Owner against defects and defieienoies in
the work of the contractors, but he does not guarantee the perform-
ance 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.
7. PRELIMINARY ESTIMATES. When requested to do so the Architect
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 shuch cost
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.
2-
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
re -used for other work except by agreement with the Architect.
10. SUCCESSORS AND ASSIGNMENTS. The Owner and the Architect each
binds himself, his partners, successors, legal representatives, 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.
The Owner and the Architect hereby agree to the full perform-
ance of the covenants contained herein.
IN WITNBSS WHEREOF they have executed this Agreement, the day
and year written above.
BY:
A.TTBST: DENE M. WILLIAMS, CITY CLERK ,ARCHITECT:
By
CITY CLERK
OWNER: CITY OF ANAHEIM
MAYOR