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HomeMy WebLinkAboutResolution No. 0993;• 0 r�L 9 RESOLUTION N0. 9 p A RESOLUTION OF THE BOARD OF TRUSTEES OF THE CITY OF AZUSA AUTHORIZING THE ?RESIDENT OF SAID BOARD AND THE. CITY CLERK OF SAID CITY TO EXECUTE AN AGREEMENT WITH KIBBEY & BATES, ARCHI- TECTS. The Board of Trustees of the City of Azusa do resolve as follows: WHEREAS, the Board of Trustees of the City of Azusa, for and on behalf of said.city, is about to construct a city hall in the City of Azusa and it necessary to employ architects to design the said building, to superintend .the con- struction thereof and do other things necessary and incident to said construction,, and it is the' desire of said Board to employ Kibbey & Bates, Architects, to so design said building, -superin- tend the construction thereof and do other things necessary and incident to said construction; NOW, THEREFORE, BE IT RESOLVED that the President of the Board, of Trustees of the. City of Azusa and the City Clerk of said city be and they are hereby authorized, for and on'behalf of said city, to execute the, following agreement: . e • hereinafter' called the 0wher Sorin R. Kitibey 4nd ,Richard '. Batesi "Jr.., doLig business -ss-co-partners and®r the firm name and stylo.of Kibbey ? Batee`at 660. South Veraront Avenue,. Los AnSeeles, California hereinafter called the Arehiteets VaTunbsiEtHs thgt whoreoa ' the Ownor intends to, erect in the. City of Azusae•,' a. building which wili � bo ifnowu as the City • .tall of . Azusa' end .constructed. cn a` plait of ground now in the possession of the.0wner. NMI, TRPriEME,' the 'Owner and the Ar4hIt©ct, for' the con siderationa'.herdiuRftor �6;tied, afree ass- rolloiess the t1rGi?9tgct agr©es to pierforrA, -for th®••above-nsr!ed work'o' pr6fesr§ipai4 aervloe6. ass ,atpted in tirtIola-: I of the ."conditions �of- Agroe>oent•betereen Owner and Arehlteot;° hereinafter set •forth.: . �. The 0vmer agrees to pay the Architect at the rate of six per cent,..heraiinafter walled the basic rate; computed and payable as stated in, the said "Conditions," and to na'<ke.any other pay "eats andria"J" g "cut of the said "Conditions:° CONDITIOPdS o.F Cs4RF,�,rxa., BI `it=9EN Ov,tta iA]ID 'ARCHITECT . Article b.: T tCRZT CT'a GLRVICRu. The,Architect's profes eiona2 serVIc6ls consist of the necessary coziferencoss the prep aration of'pr6liMnery,stud es, working drswings, specifications,_ largo ocale.,and full size detail drawings,: the drafting of, forma of proposalsand contracts; the is63uance•.of,cortificates of.pay-. ment; the-,keoping o£,- 'aocounts, the general .'�&rAnisatration. of the business mad• supervision cf.the•work. 2. THE AFtCriSTFCT?n'F,r;F3. the for 'payable by the.'owner to the ' Architect, for the 'performance of the above serviaen is the per- centage hereinbefore, defined as the brsle.raetc; computed upon the cost of the work defined of which•such serviees;nave,been ,oarformada subjeot, hovmvcr; 'to, any m,.odif cations growing out of these ,ConditRone.of Agreement.; -2' 3.,'ESTRA-SERVICES AND SPECIAL CASES:- If after a definite scheme, has beenapproved, the Owner maked a decision which, for its pro - per•exeoutionI involvesextra.services-and expense for:changes in , oradditions to the drawinge,.specifications or other documents;.,. . or if A contract be let by cost-of labor and material plus a per- tentage or fixed sum; or if the Architectis put to labor,or ex- pense by.delays caused by the Owner ora contractor', or by the .' delinquency of either,' or by the insolvency of the contractor, or as a result of damage by fire he sliall.be equitably'paid for.suoh `. extra service and. expense.. Should the execution of any work designed or specified by-the Arelliteet, or any part of-such work be abandoned or suspended, the Architect is to be paid in accordance with, or in proportion ,,to the terms of Article Four (4) for,the service rendered on ae- count of it-up to the time of_such abandonment or suspension. 4. PAYMENTS ;-,whether the work be executed or whether its execu-.'. tion.be suspended or abandoned in,part or whole, payments to the'Architect on his fee are, subject to the provisions of Arti cle Three (3).and Article Eleven (11),, to be made as follOW69 Upon completion of the preliminary studies, a sum equal to three twentieths. 3/20 of the basic rate eomputed,upon a reasonable • estimated cost. Upon'.completion of specifications and general working drawings (exclusive of details) three twentieths (3/20) the basic rate of commission arising from this agreement, computed upon a reas- onable cost estimated on such completed specifications and drawinga, when.bids have been received and contracts are let, five twen tieths (5/20) of the basic rate then computed upon the lowest _. boria fide bid'or'bids. From time'to time during the 'execution of the work, payment shall be made based upon the sum of the paymehti'due and payable to the Contractor :or Contractors, which payments ih all be the re- maining four twentieths (4/20) of thelbas c rate which shall be made in.-monthly payments upon the sum or; sums' payable to the Contractor 'or.Contractors on the amounts,shown by the Architects Certificates., t Thirty.-five,(35) days after the, notice-of completion has been filed by the'Contractor or Contraotors final payment shall be due the Architect which shall: be the balance of the basic rate 'based on the amounts of all contracts, (except "'furniture -and fixtures) after crediting all previous payments to the Archi . tett.' . No deduction shall be made from the Architect's fee on account, of penalty, liquidated damages,. or other sums withheld from payments to contractors. 5. THE ,,OWNER1S.DECISIOHS:e - The Owner shall give thorough con sid- eration`to all sketches, drawings, specifications, proposals; •' contracts, and other documents laid before him by the Architect and, whenever prompt action.is necessary, he shall inform the Architect ofhi.sdecisions in such reasonable time as not to de- lay the ,work •of•the Architect nor to prevent him from giving drawings or instructions to contractors in:due season. 6. SUPERVISION OF"THE WORK.= The Architect shall guard the Owner. against defects and deficiencies in the work of contractors, but he does not guarantee the performance of their contracts. \ The Arohiteot S"lI esrsloy 4t :hips 6ivpinea c*"competont auperin- tonlent, wht $hall wura, under the dirootions of the Axaniteot and taws will �r6tect the Owners intOreSt during the title. the Architect is tnbaant frog ,*he building; alts. 7.. PRELIMINARY ESTIMATTsS.- Wbon requested to do so, the, Aichi- toot gill make or prooure preligainary estimates on tha cost of the work and he 'will, endeavor to ieop the totuul Cost of the nor).,`.. as low os;a;Uy be ocnoistont ;with, the purpooe,of the building and, 'with z.rope'r ftrr-ma►nehip card MLterial, but no such oatlmiAs can • us 'relirded gas other than.san 4pprotimatioa. .. ..=INITION OF ME COST OP .THE•,-IoR .-The words Ith0 post' Of • ' the work• as.,wed in Artiole a 'hereof sire crdihaxily to be n- terpreted aa%meaning the total; :of the oontreiot .sums.Anourred for the es eoution;.of• the work; not including Arohiteot'e and Engineerb �•Se$, ar the salury of the Clerk-of-the-Aorks,.,but in certain re:re barjos, E.4., when IKbor.or'Mterlal Is furnished by the. Owner be- low its market cost or when-- old, muteriale aro'Te used, 006.00&t of the.,wtsi is to be intarproted pili' the cost of all u4terials and labor neceequry'to compileto the stork, as nuab coot would UVs been if all "teriaals hud beell new' ana if ull labor had been fully paid' Lt market pricea current, when: the, .e'orh was ordered, •plus oo.rttra,o tor's profits tend ezpenses. 8. SUCOESGORS, AND'ASSIGgAMT.- Th6-.Aralaiteot binds himself, hie` suooeesorts,,exeeutoro, administrttors•said aseigns to, the.Owner to keep and perform all the ovaditions and covenanto of this gree- went. The Architect shill the right to john with him in.the per tormance of this-6greememt uny aarohitect or architects with Whom , he may in good fsaith enter into partnersthip rolntions. In base " of the douth or disability of Qne,or move partners Or in the eve lit of cienolution-of theoo-partnership now doing busaincas under the firm name and style,of.Xibbsy and Sates, the rights and duties of the Architect shall -devolve .upon the remaining partnor°or. partners or auoh of said paitnero of Kibbey and Butaa to whom this agreement, shall'havebeen; aesigned, and he or they. or it shu11'be recognieed as "Sucosesorn.of the Architect and so on un411 the service covered by this L4gq", nt has, been performed.. l othing heroin contrained.-aiwill however .to gonstrued to operate to the. rojudice of the said Owner. , Neither'the Owner nor the Architect shall assign; sublet or trtnofsr his interast.n this.aSreement without the written oynseat.:ot the• other. 10. ARBITRATION.- All questions in .dispute under this cgrooment.. shall be gubmitted to 4rbitration at the choice of either yarty.,, No ono•_ahall be noi4inated or set ail an arbitrator who is tri "AY ` -way financitally.intereated in this contrabt-or in the business. affairs of either pstirty. The geinert4 procedure.*h ll conform to the'•lawe of the State in whioh the• work.iq .vu be erected. nnlees otherwise .Wrovided by such lath,' thy 'Puwtiea "y agree uvon one urbltrator; 'otherwise there ,ehall be'Ahres, one named in writing by esbh party �4nd the third chosen -by thebe two arbitrc°°.tors, or if they fall to-ssloct c. third within tan°d4ye, then he iahall be chosen by the prsoiding, officer pf the' Bar.•Associstti.on nearest to the location of the work Sbould.the.;;arty demanding arbitration mail to name "n. s»rbitrator within, ten. dr ys of; his demand, his right to a bitrAtiori shall lapse.. Should the other gLrty fall to choose an "roitrator within said ten dye, then such presiding officer shall c appoint such arbitrator. Should either party refuse or neglect to -supply the.arbitrators with any papers or information demanded r in writings the arbitrators are empowered by both parties.to.pro �! teed ex parte.. C� J i The arbitrators shall act with,promptness. If there be cne aibi- trator his decision shall be binding; if three, the decision of any two'shall•be binding. $uoh decision shall be a oondition.pre cedent.to any right of legal action,.and wherever permitted by law it'may be filed in Court.to carry it into effect, The arbitrators..shah fix their own-comnensation, unless otherwise provided by,agreement, and shall assess the costa and charges of. the arbitration upon either or:both parties, The award of..the arbitrators must be in writing and, if.in writing, it shall not be'open to objection on account of the form of the pro- eeedingsoor'the award,.unless'otherwise provided by the laws tithe State in which the work is to be erected, ' The owner and.the Architect hereby agree to the full performanoe.of the covenants contained herein. ARTICLE 11' It is further.understood and agreed that should the Owner tie unable.to raise the necessary funds or finances from bonds authorised at election held March 15th, 1927, to build and construct the building 'as herein described#'the ,ar.chitect` ' " will not be -compensated for the service rendered nor will he hold the Owner liable for the payment of such indebtedness, IN WITNESS VnIEREOF they have executod.this.agreement, the day and year first above written. CITY O':AZUSA In Presence of Byre s 1aen T o e Trus ees as to 'And City Clerk. Owner as to