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HomeMy WebLinkAboutReso 1949-1043 4 , RESOLUTION NO. 1043 RESOLUTION OF, THE CITY COUNCIL. APPROVING. AGREEMENT.BETWEEN THE CITY OF CHULA VISTA AND P. E.. . BURNHAM THE CITY COUNCIL OF THE CITY OF CHULA VISTA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That certain agreement between P. E. Burnham and the City of Chula Vista, a municipal corporation, dated June 21st, 1919, a copy of which is attached hereto, and in- corporated herein, the same as though fully set forth herein, be, and the same is, hereby approved. the SECTION 2. That/Mayor Pro Tem of the City of Chula Vista, be, and he is hereby, authorized and directed to execute the same for and upon behalf of the said City. ADOPTED, SIGNED AND APPROVED this 1st day of June, 1949. .�� Al A---L!_ Mayor •Pro Tem-of th- City of Chula Vista, California. ATE . Ci -! � y -Clerk -of the Chula Vista, California. STATE :OF CALIFORNIA) . COUNTY (OF SAN-DIEGO) ss. • . CITY. OF 'CHULA VISTA) . I, HERBERT V. BRYANT, City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of said , ity and was approved by the City Council of said City and was approved by the Mayor Pro Tem 'of said City at a regular meeting of said Council held on the 21st ,day of June, 1919, and' that it was so adopted by the following votes: -1- AYES: Councilmen Riesland, Nashold, Dyson NOES: Councilmen None. ABSENT: Councilmen „Koester, Kidder. City Clerk of t o :ty of Chula Vista, California. STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) I, HERBERT V. BRYANT, City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and afore- going is a full, true and correct copy of Resolution No. , and that the same has not been amended or repealed. DATED: June 21st, 1949. City Clerk of the City of Chula Vista, California. -2- A G R E E M E N T THIS AGREEIv1ENT MADE the 21st day of June, 1949 by and between the City of Chula Vista, a municipal corporation, • hereinafter called the Owner, and P. E. Burnham, hereinafter • called the Draftsman, WITNESSETH AS FOLLOWS: Whereas the Owner intends to construct a City Hall and to have performed certain other work incidental thereto; Now, Therefore, the Owner and the Draftsman for the con- • sideration hereinafter named, agree as follows: 1. The Draftsman agrees to perform services relating ' to the above named work as hereinafter set forth under the supervision and direction of the City Engineer of the City of Chula Vista. 2. The Draftsman's Services: For the above fee, the Draftsman's services shall consist of preliminary studies, investigation and report on the project; specifications; advice regarding the award and execution of contracts; super- vising the layout of the work by the principals; preparation of working drawings; checking working drawings required of the contractors; consultation and advice to the Owner during the construction and general direction of the work to conclusion. The draftsman's services will not include the payment by draftsman of professional engineering fees nor the furnishing of the cost of blue printing. 3. The Owner agrees to pay the draftsman for such services a fee of four percent (4%) of the cost of said work. 4.. Payments: Payments to the Draftsman on account of his fee shall be made as follows, ,subject to the provisions of Article -1- Co` - o) o. Five: (a) . Upon completion of specifications, working drawings and contract documents, complete and ready for the acceptance of bid proposals, and approved by the City Council, a sum equal to 65% of the rate of commission arising from this agree- . . . ment, computed on a reasonable cost estimated on such completed specifications and drawings. • (b) . The balance of the commission arising from this agree- ment shall be due and payable 35 days after the notice of com- pletion of the work contemplated herein has been recorded. No deductions shall be made'-from the draftsman's fee on account of penalty, liquidated damages, or other sums withheld from payments--to Contractors. 5. Termination, Abandonment, Suspension: The Owner reserves the right to suspend or abandon at any time all or any of the construction work designated in this contract or to terminate the contract at any time. Should the work be abandoned, suspended, or terminated before specifications, drawings and contract documents are com- pleted or before the submission of the work to bid or before a bid has been received the draftsman shall be paid for his work actually performed hereunder as of the date of termination on an hourly basis of $3.00 per hour. In case of such suspension, • abandonment or termination of the work, an itemized statement based on the above hourly rate shall be submitted by the draftsman under oath and such amount shall be due and payable when submitted. Should the work be abandoned,' suspended or terminated after all specifications and drawings are completed, and after the same have been submitted to bid and bids have been received, the draftsman shall be paid for his work a sum equal to four (4%) percent of the amount of the lowest bid so received, less the sum of §400.00. -2- 6. Supervision of Work: The draftsman will endeavor to guard the Owner against defects and deficiencies in the work of contractors, but he does not guarantee the performance of their contracts. The draftsman will advise the owner's in- ' spectors, clerks or other personnel on all matters pertaining to execution of the work and will render similar service to the contractor. 7. Definition of Cost of Work: The cost of work as here- . in referred to, means the actual cost of all labor, materials, - equipment, rentals and.other items used or incorporated in the work. Cost of work shall include cost of cell blocks, heating, ventilating, fixed opera folding chairs and'fixtures permanently incorporated into the proposed structure. The costs shall not include the draftsman's fee or reimbursements or cost of in- spections and tests nor include the costs of moveable furniture, such as desks, chairs and carpets. $. Ownership of Documents: Drawings and Specifications as instruments of service are the property of the Draftsman whether the work for which they are made be executed or not, but Owner shall be entitled to permanent possession of a sufficient number of all plans and specifications. 9. Assignments: The Draftsman shall not assign, sublet or transfer his interest in this agreement without the written con- , sent of the Owner. 10. Draftsman hereby informs Owner that he is not an Architect. IN WITNESS WHEREOF, they have executed this Agreement, the day and year first above written. CITY OF CHULA VISTA, CALIFORNIA gy _ . .. ,Mayor Owner 1/4_ ATTES : Draftsman City Clerk of -the zP'ity of Chula Vista, California. • -3-