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56R-3353 - - RESOLUTION NO. 3353 ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM EMPLOYING ROWLAND AND JOHNSTON, AS ARCHI- TECTS, TO RENDER ARCHITECTURAL AND ENGINEERING SERVICES FOR THE DESIGN AND CONSTRUCTION OF FIRE STATION NO. 3 AND PROVIDING FOR COMPENSATION THEREFOR. WHEREAS, toe 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 WHEREAS, the growins 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 architeotural 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 arohitectural supervision of construction, upon the terms and conditions and for the oompen- sation set forth in that certain agreement dated June 27, 1956, this day submitted to the City Council, a copy of which is attached hereto and made a part hereof. NOW,rHEHEFORE, BE I'r 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 datedJune 27, 1956, 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 direot supervision of F'red 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 ?JRTHER RESOLVED THAT the Mayor and the City Clerk be, and they are hereby, authorized and direoted, to execute said agreement hereinabove referred to, for and on behalf of the City of Anaheim. THE POREGOING RESOLUTION is approved and signed by me this 26th day of June, 1956.... ..../ .~.... . 1) // ^.j/~.. ~ ~of6F4T .. ITY OF ANAHEIM ~ ~ y c~oA~6iv'~HEIM -1- .- - A Gi'LE.i:::NENT THIS AJREci1ENT made the 27th day of June, in the year Nineteen Hundred and Fifty Six by and between r'- CITl OF A~Af~IM, California, hereinafter called the Owner, and Rowland & Jorillston, ,"'red V. ,Johnston, Architect, 203 South Claudina Street, Anaheim, California, hereinafter called the Architect. WITNESSETH, that whereas the Owner intends to erect Fire Station #3, hereinafter called 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 services a fee of seven (7) percent of the cost of the Work. with other pay- ments and reimbursements as hereinafter provided, the said percentage being hereinafter called the Basic Rate. The Architect agrees to complete all preliminary studies, working drawings, specifications, large scale and full-size detail drawings, for architectural, structural, plumbing, heating, electrical. and other mechanical work, and to have forms of pro- posals and contraots prepared, and to perform all work, with the exception of supel'vision and general administration, on or before thirty (30) working days from date hereof. It is agreed that the plans and specifications may be used by the Owner for other fire stations, and the Owner is granted the option, if said plans are suitable for other fire stations, of engaging Architect to revise the plans and specifications and make necessary changes at an hourly rate of $6.50, and Arohitect agrees to supervise any future fire station constructions where said plans are used, at a supervision rate of two (2) percent of the cost of the ..Jork should Owner desire such supervision. The parties hereto further agree to the following conditions: 1. THE ARCHITECT'S SERVICES. - The Architeot's professional services consist of the necessary conferences, the preparation of preliminary studies, workin~ 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 copies provided; the cost of any special consultants other tClan for locating of plumbing, heating, electrical, and other mech- anical work, and otner disbursements on his account approved by the Owner. --- 3. ExrRA SERVIC.2:S AND SPECIAL CASES. - If the Architect is caused extra draftinE; or other expense due to changes ordered by the Owner, after approval of preliminaries, or due to the delinquency or insol- vency 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. -1- - Lf. PA~1ENTS. - Pa~nents to the Architect on account of his fee shall be made as follows, subject 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. ...-- Durins the period of preparation of specifications and general workin~ drawings monthly payments aggregating at the completion thereof a sum sufficient to increase payments to 75% of the rate or rates of commission arising from this agreement, computed upon a reasonable cost estimated on such completed specifications and drawings, or if bids have been received, 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 deduct~ons 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 Arohiteot with the following information: A complete and aocurate survey of the building site, giving the grades and lines of streets, pave- ments, and adjoining properties; the rights, restrictions, easements, boundaries, and contours 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, mechanical, or other tests when required. The Owner shall provide all legal advice and services required for the operation. 6. SUPERVISION OF Tfffi WORK. - The Architect will endeavor by general supervision to guard the Owner against defects and defic- iencies 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 acceptable to both Owner and Architect shall be engaged by the Arohitect at a salary satisfactory to the Owner and paid by the Owner, upon presentation of the Architect's monthly statements. 7. PRELIMINARY ESTII1ATES. - When requested to do so the Arohitect will furnish preliminary estimates on the cost of the Work, but he does not guarantee such estimates. 8. DEFINITION OF 'rHE 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 Arohitect's or Speciul Consultants' fees. When labor or material is furnished by the Owner below its market cost the cost of the work shall be computed upon suoh market cost. ,.-. , 9. OWNERSHIP OF DOCU1vJ:ENTS. - Drawings and specificati:Jns as instruments of service are the property of the Architeot, whether the work for which they are made be executedor not and are not to be used on other work except by agreement with the Architect. 10. SUCCESSORS Al~D ASSIGNMENTS. - 'rhe Owner and the Architeot, 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. -2- - -~ f Except as above, neither the Owner nor the Architect shall assign, sublet or transfer his interest in this agreement without the wr i tten consent of the other. It is understood and agreed that all architectural work shall be under the direct supervision 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 this contract. The Owner and the Architect hereby agree to the full performance of the covenants contained herein. IN WITNESS WHEREOf they have executed this agreement, the day and year first written above. Owner By l CITY Of ANAHEIM /) ..-~;~a~~ Mayo r 21st: ?u h )Y;~~-'~~ City Clerk Arch! tec t Fred V. Johnston (SEAL) r- ') -;J- .'........ -. ~ c STATE OF CALIFORNIA COUNTY () ,;' OHANGE CITY OF ANAHEIM ) ) ss. ) I, DENE M. WILLlill'JS, City Clerk of the City of Anaheim do hereby oertify that the foregoing resolution was passed and adopted at a regular meeting of the City Council held on the 26th day of June, 1956, by the following vote of the members thereof: AYES: :;OUNCILNEK: Pearson, Coons, Fry, Schutte and Wisser. IliOES : COUNCIU1EN: None. ABSENT: COUNCILMEN: None. AND I .F'URTEER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 26th day of June, 1956. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 26th day of June, 1956. ~p h ~)~i1~-'~ ITY CLERK OF THE CI OF ANAHEIM (SEAL) .,..,. -2-