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Home My WebLink AboutReso - CC - 035-1948RESOLUTION NO. 35-48 AUTHORIZING EXECUTION OF CONTRACT IffITH ARCHITECT FOR ERECTION Or A DRILL TOW.'.�,R AND FIRE STATION. 1.4HEREAS, the City Council of the City of Burlingame have employed Leo J. Sharps and Irving F. Brovm, Architects Associated, for architectural and professional services in connection with the construction of a Drill mower and Fire Station to be located within the City of Burlingame; and WHEREAS, there is attached hereto the agreement to be entered into between the architects and the city employing, them for the work to be performed and according to the terms therein stated; NOW, THEREFORE, BE IT RESOLVED, that the City of Burlingame be, and through the City Council enter into an Agreement with Leo J. Sharps and Irving F. Brown, Architects Associated, for their architectural and professional services in connection with the construction of a Drill Tower and Fire Station for the Fire Department to be located within the City of Burlingame, all as set -forth and according to the terms of the attached agreement; BE IT FURTHER RESOLVED that the Mayor and he is hereby authorized to execute the aforesaid contract for and in behalf of the City of Burlingame. U. S. Simonds, Jr., - !layor I, Herbert K. White, City Clerk, do hereby certify that the foregoing resolution was regularly introduced and adopted by the City Council on August 16, 1946, by the following vote: AYES: COUNCIL11EA: NOES: COUNCILPIEN: NO ABSENT COUdCIMIEN: Herbert. _ite, 4CI RESOLUTION NO. 35-48 AUTHORIZING EXECUTION OF CONTRACT SITH ARCHITECT FOR ERECTION OF A 'DRILL TOVII:,R AND FIRE STATION. ?:MREAS, the City Council of the City of Burlingame have employed Leo J. Sharps and Irvin.- F. Brown, Architects Associated, for architectural and professional services in connection with the construction of a Drill Tower and Fire Station to be located within the City of Burlingame; and WHEREAS, there is rttached hereto the agreement to be entered into between the architects and the city employing them for the work to be performed and according to the terms therein stated; NOW, THEREFORE, BE IT RESOLVED, that the City of Burlingame be, and throu,h the City Council enter into an Agreement with Leo J. Sharps and Irvin;; F, Brown, Architects Associated, for their architectural and professional services in connection with the construction of a Drill Tower and Fire Station for the Fire Department to be located within the City of Burlingame, all as sett forth and according to the terms of the attached agreement; BE IT FURTHER RESOLVED that the Mayor and he is hereby authorized to execute the aforesaid contract for and in behalf of the City of Burlingame. i _A� • ua.auviturs, Ji'., — j4jayor I, Herbert K. White, City Clerk, do hereby certify that V the foregoing resolution was re;ularly introduced and adopted by the City Council on Au ust 16, 194B9 by the following Note: r1IT's: COUNCILMEN: DAHL-iURPER-IIMTT-LOVE-SIMOIOS NOES: COUNCILMEN: NONE ABSENT COUNCILMEN: NONE Her er, t.ii e, - City`C er AGREEMENT FOR ARCHITECTURAL SERVICES THIS AGREEMXNT made in duplicate in the City of Burlingame, County of San Mateo, State of California, 1948, by and between the CITY OF BURLINGAME, hereinafter called "City" and LEO J, SHARPS and IRVING F. BROWN, co-partners doing business under the firm name of SHARPS and BROWN, architects, of Burlingame, San Mateo County, California, hereinafter called "Architect". GENERAL SCOPE OF EMPLOYMENT, The City hereby employs the Architect to prepare detailed working drawings and specifications for and, the super- vision of the construction of a FIRE DRITLL TOWER to be located at the Headquarters Station of the Burlingame Fire Department and for a new FIRE STATION to be located 1n the northern part of the City of Burlingame. NOW, THEREFORE, IT IS HERBY AGREED AS FOLLOWS: 1, WORK To BE PERFORMED, Architect shall perform for the above -named City, the *pork and professional services as here- inafter set forth, 2, PAYMENT OF ARCHITECT'S FEES, City shall pay architect for such services a fee of eight g per cent (8%) of the cost of all work, with other payments and reimbursements the said percentages bein h as hereinafter provided, g hereinafter referred to as the "Basic rate", From such fee shall be is heretofore deducted the sum of $500o00y which $ of August as having been paid architect under said agreement gust �7 , 1946, 3. ARCHITECT'S SMICES. Architect's professional services consist of the necessary conferences, the preparation of preliminary studies, working drawin.gy, sptici ica inns, lurg� scale and full e;ize) detcil carat - Ags; this draftlnr ; cf fcsrue o: propf;saly and cetitzact-,; the isec>rnce of certificates of paymer('�; the L-eepSin c;_ acc()urte, th;; general 4dW�•!rl=rt 'e,t�se•n of the %Voineea ArC3 SL+per'?_s_Ctj cf the I!crk, 4. TCTRA 02TVI.0 S ND SPEC=A_?: Ci>SFS. I; uz•ct:ltec- ie cauaF%, e:-trf( or othe.: fiix finoe eue to chpr.g•es ordered by City, or due to the delinquency or insolvency of tt_e Ci0,71 Cr, contractor, Or ac a. reedt cf dttmage by :ire, tb!ey zhall Le equitably gain for r.uel; extra expense, and the service involved. If any work decetgrcd or specizled by architect iu abandoned or suspended architect is to be praild for the servioec rendered on account of it, b. PAYMENTS Of! ACCOUNT. Paymente to architect, on account of his fee eha.11 be made! ae folloae, subject to the pro- vicion(; of paragraphs n, 3, 4 er_e ? hereof: Upon oamT>2etion of opeeifi.catione Lnd Evnerat, working drawings (exclusive of details) a sum equal to 75% of the rate or rates of commis(aion arising from this agreement, computed - upon a reasonable cost estimates. on such completed epeoifioati.etts and: dr•awinEe, or if b1de 1mve been rece_ved, then computed upon the ioweet bona fine bid or bide. From time to time during the exe:cuti_n of the work, Eald. In proportion to the amount of serv,ee rendered by the architect Payments ehali be made until the aggregate of all payments made on account of the fee under this paragraph shall be a sum equal to the rate or rates of commission arising from this agreement, computed upon the final cost of the work. No deductions shall be made from architect's fee on account of penalty, liquidated damages, or other sums witheld from payments to contractors. 6. SURVEY, BOR114GS IUM TESTS. City 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 sites, giving the grades and lines of streets, pavements, and adjoining prop--rties; the rights, restrictions, easements, boundaries, and contours of the building sites, and full information as to sewer, water, gas and electrical service. 7. SUPERVIS_;ON OF THE WORK. Architect will endeavor to guard City against :iefects and deficiencies in the work of con- tractors, but he does not guaranty the performance of their con- tracts. The supervisie:n of architect is to be distinguished from the continuous persons I. superintendence to be obtained by the em- ployment of a clerk-ol'-the---works. When authorizes; by City, a clerk -of -the -works acceptable to both city and architect shall be engaged by architect at a salary satisfactory to tr,e city and paid by city, upon presentation of architect's monthly statements, 8. PRELIMINAR.' ESTIMATES When requested to do so the architect will furnish preliminary estimates on the cost of the work, but he does not gu&,.antee the accuracy of such estimates. 9, DEFINITION C _7.'HE COST Of THE WORK. The cost of ti,e work, as herein referred tit, rncans the cost to city, but such cost shall not include any archI_tec.v,.3 or engineer's fees or reimburse- ments of the cost ox a cleric -of -the -works. When labo.- or material. is furnished by city below its market cost, the cost of the fora, shall be computed upon such market cost. 10. OWNERSHIP OF DOCUMENTS. Drawings and specifi- cations as instruments of service are the property of architect, except as otherwise provided, whether the woriv. for which they are made be executed or not. 11. SUCCESSORS AND ASSIGNS. Architect binds himself, his successors, executors, administrators, and assigns, to city in respect Of .all covenants of this agreement. Except as above, neither the city nor the architect shall assign, sublet or transfer his or its interest in this agreement without the written consent of the other party. 3.2. PMITRATION. In the event that any dispute shall have arisen between City and Architect as to any matter contained In this agreement, architect shall choose one person as arbitrator, city shall choose one person as arbitrator, and such two arbitrators shall choose a third person as arbitrator. Such three persons shall constitute a board of arbitration, and the decision of two out of three of such persons shall be final and binding upon the parties hereto. IN WITNESS WHEREOF, the city has hereunto set its hand and affixed its official seal by and through its officers duly authorized thereunto, and the architect has hereunto set his hand the day and year first hereinabove written. CITY OF BURLINGA_ ME -City of Burl2ngame -___. -� Mayor - Are .eot -rchitect