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HomeMy WebLinkAboutDesign Of Cupertino Library - W.E. Blessing, A.L.A. - 1968 W.E. Bless ng, A.I.A. t f R' Q Ant 0 ® s Are wall- THE AMERICAN INSTITUTE OF ARCHITECTS I,I, AIA Document B131 Standard Form of Agreement Between Owner and Architect on a basis of a PERCENTAGE OF CONSTRUCTION COST AGREEMENT made this Nineteenth day of February in the year of Nineteen Hundred and Sixty-eight BETWEEN THE CITY OF CUPERTINO the Owner, and WI LFRED E. BLESSI NG, A. 1 .A. the Architect„ It is the intention of the Owner to construct THE CUPERTINO BRANCH LIBRARY hereinafter referred to as the Project. The Owner and the Architect .agree as set forth below. AIA DOCUMENT 2131 - OWNER-ARCHITECT AGREEMENT - SEPTEMBER 1%6EDIHON - AIA® Q THE AMFRICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON, D.C. 2OW6 TUNE 1967 PRINTING - SUBPARAGRAPH 5.1.1 REVISED t. THE ARCHITECT shall provide professional services for the Project in accordance with the Terms < and Conditions of this Agreement. X; 11. THE OWNER shall compensate the Architect, in accordance with the Terms and Conditions of this Agreement, as follows: a. FOR THE ARCHITECT'S BASIC SERVICES, as described in Paragraph 1.1. a Basic Fee computed E at the following percentages of the Construction Cost, as defined in Article 3, for portions c the Project to be awarded under A Single Stipulated Sum Contract ten and six +enths per cent i Io.&-) Separate Stipulated Sum Contracts an additional four per tent 1 4.0%! A Single Cost Plus Fee Contract not applicable per rent i %I Separate Cos, Plus Fee Contracts not applicable per cent ( %I b. FOR THE ARCHII ECT'S ADDITIONAL SERVICES, as described in Paragraph 1.3. a fee computed as follows: Principals' time at the fixed rate of twenty dollars is 20.00 per hour. For the purposes of this Agreement, the Principals are: WILFRED E. BLESSING Employees' time computed at a multiple of two and five tenths ( 2.5 times the employees' Direct Personnel Fxpense as defined in Article 4. Additional services of professional consultant,, engaged for the aorrmil structural,me- , hanical and elee trlcai enginveriri services at a muitlple of one and one tenth I.I times the amr,lunt billed to the Architect for such .iddltwn'll �vntcc.- c. fOF. DIE ARCfi1TE_(T'S REI1tf3I10ARLE EXPENSE), irnmint" extended as defned in Article 5, one and one tenth 0.I} x amount d. THE TIMES ANO EURDIFR CONDII IONS OF PAY,%Q.%T shall be as des<rlbed In Artidt, 0. AIA DOCUMENT III D1 • Olhr.tK A,KCHM( I A(4JI'At I,I • StPIUMMit 1455 [011,0, 2 .) lilt AMERICAN INsrlrua Of ARCI;IIL(I) 1'ii NI.AN 1ti9n A\LNL t. 'N A'. ':1'ASI{L'`GT(,JN. D.C. 2M)6 TUNE 1%7 PRINTING • SUSPARAGRAPH 5.1.1 REVISED k TERMS AND CONDITIONS OF AGR.':EMENT BETWEEN OWNER AND ARCi"iITECT , /lB'!<WU 1 obtaining bids or negotiated proposals, and in at.varding and preparing construction con'racts. ARCH11TEC'y"S SURVICES g: CONSTRUCTION PHASE—ADMINISTRATION Of THE CONSTRUCTION CONTRACT 1.1 BASIC SERVICES 1.1.10 The Construction Phase will comm,,nce with the ; a The Architect's Basic Services consist of the five award of the Construction Contract and will terminate } ':1 phases described below and include normal strut- when final payment is made by the Owner to the Con- tural, mechanical and electrical engineering services. tractor. 1.1.11 The Architect shall provide Administration of the SCHEMATIC DESIGN PHASE Construction Contract as set forth in Articles 1 through 14 1.1.1 The Architect shall consult with the Owner to as- inclusive of the General Conditions of the Contract for certain the requirements of the Project and shall confirm Construction, AIR Document A201, Tenth Edition dated such requirements to the Owner. September 1966, and the extent of his duties and respon 1.1.2 The Architect shall prepare Sch-E!rlatic Des,sgn sibilities and the limitations of his auth(mty as assigned Studies consisting of drawings and other documents illus- thereunder shall not be modified ..rthout his, written trating the scale and relationship of Project components consent. for approval by the Ow,.2r. 1.1.12 The.Architect, is the representative of the Owner 1.1.3 The Architect shall submit to the Owner a hate- during the Constru(tion Phase, shall ad.ise and consul, ment of Probable Construction Cost based on current with the Owner and all (,I the Owner s instructions to the area. volume or other unit costs. Contractor shall tic• issued through the Archite(t. The Architect shall have authority to act on behAt of the DESIGN DEVELOPMENT PHASE O.vner to the extent prmided in the C;eneral Conditlon�- unless otherwise modified in .writing 1.1.4 The Architect shall prepare from the apf>nr,ec! 1.1.13 The` Architect shall it all tlme< ha,.e ac(e„ t( Schematic Design Studie,, for approval by the Ok%ner the the Work .%herwvr it 1s in preparation or progres, Design De%elopmrc'nt Documents consisting of drl tangs and other document; to fix and describe the si < and 1.1.14 The Ar(hiwo shall make period(( .isit, to tht- (hara(ier oT the entire Prolt(t as to structural mt`r} tiro_ site to Tarnillarsie hims(.It generally ..nth the progress and cal and ele(traal s.ste.r,. materials and such other e„en- quairt1, of the Aork ,ind to dete_'rnune in general it the- teal, as may be appropriate. \York Is pro,ee•dmg in accordance with the Contract Doc- uments. On the hasis of his r,n-,Ite ohsenations as ar 1.1.5 The -\r<hiter: .hail submit to Chi• L>`sner a tu,tfic�r r\rchitect, he shall cncle`asor 1<i guard the Ov.ner af,gainsr Statement of Probable Construction Cost. ciet(.(is and d(,n(rent ie, in tilt' Work of Ili(. Contracto, The Architect .hail not be required to make ('xhaush.c' CO%STRUCTiON DOCUMENTS PHASE or continuous on-vte inspe(tions to (her k file quality o- 1.1.6 The Ar(hite(t,hail prcpart' from the appro.(.o )(- (li)`)ntlty of the Work. The An Fitect shall not be respon- ,";n De.clopn ent Document,, for approval b%• the Ov,fl- still(. for (onstruction mean,, methods, techniques, se- er \\orking Ura.cing, and SL)e(itl(ations Selling forth in quences or procedures or for safety p-ercaulions ant' detail the regUiwments Tor the corrsuu(lion (it the entire programs in connection kith the Work, rind he -,hall no- Prute(t Including the ne(essan bidding infornnation and be re,ponsible tot tit(, Contiattor"s failure to (airy out th(• ,ha'l ,!„r,t u1 Tilt* pr(.r)arotion of hlddulg fornls The C On_ 1\ork in accordance %v rth the Contrat t f)n(uments. cl!1 1, Ot 11,t' (ontra(I and the term of Agreerlicn, zw- 1.1.15 l3a`,ed on such ohserrah:)m at the vie• and on the' ,,;et— ;he O.tner and the C(mtr,i(tot, ( ontra(tor*s Application, Tor Pavnlent. !hc` Architect sham 1.1.7 1 tic Ar(hilo(, sh,11' ad.n(. tilt' Okvner of ans ad de-ternime the• am(iunt o..ing 10 the ( onttat Tor and chap JLI+in1e'N1 To l)rt'%10Us 'Odt(.r1lent,of Pi0b,11le(tirl,tfu(!,on 1„Ile CCr`t111k_dtei for Pa•.ment In SU(_h an'lounts. The i­ Cost uul.cated h\ change; n) requlr(.ntt'nts t?r _ge-neral suan(e of a Certiti, dte for Pa)rnvnt shall commute a rep- market ton( inons rv,vntanon by the Architect to the 0h%ner, based on the 1.1.8 The Architect shall ),sist the 0%%ner in filing the Archrtec_t's obsenations at the sit(: as procrded in Sub- f0(JU1r('d do(urnetit, ?t)r the approval (it go.ernrnental paragraph 1.1.14 and on the data :omprising the Appli- authorities i­;�ing )urisdi(hoe over the Project. eati(tn for Payrnent, that the Work has progressed to the point indicated; that to the best of the Architect's knowl- edge. Information and belief, the quality of the Work is BIDDING OR NEGOTIATION PHASE in accordance with the Contract Document, (subject to The Architect Toilo.wing the Uwner's approval of an evaluation of the Work as a functioning ..hole upon tht' ( i n,trU(hon DO(Uments and of the latest Statement Substantial Completion, to the results of any subsequent of Pri:liable Construction Cost, ,hall assist the O.cner in teas required by the Contraca Documents, to mind, AIA DOCUMENT 0131 (:.t` 'R ARCFiIii( t •\f,fii E\1F�. • tjJ11[,tbih V0,6 t)MON • A.IA 5g : .ttkR;k t♦ ,ti�ttll[I (if A-,k H1IC( Is 1'15\ka \(>RK A.f♦ E NV. %%ASH)%CION, DC 'Wib IU%1 1%7 PRINIYNC • SUBPARAGRAPH -).t.l REVISED d r, deviations from the Contract Documents correctable Owner against defects in the Work, but the furnishing of prior to completion, and to any specific qualifications :,uch project representation shall not make the Architect stated in the Certificate for Payments; and that the Con- responsible for the Contractor's failure to perform the tractor is entitled to payment in the amount certified. By `York in accordance with the Contract Documents. issuing a Certificate for Payment, the Architect shalt not be deemed to represent that he has made any examina- 1.3 AMMONAIL 5E> VIM tion to ascertain how and for what purpose the C_nlrac 'The following set,,ites are not covered in Paragraphs for has used thee monevs paid on account of the Contract 1-1 or 1.2. If any of these Additional Services are Sum. authorized by the Owner, they shall be paid for by 1.1.16 The Architect shall be, in the first instance, the the Owner as hereinbefore prosided. interpreter of the •egt(irernents of t.,e Contract Docu- 1.3.1 Providing special analyses of the Owner's needs, ments and the impartial judge of the performance there- and programming the requirements of the Project. under by both the Owner and Contractor. The Architect shall make decisions on all claims of the Owner or Cone 1.3.2 Providing financial feasibility or other special tractor relating to the execution and progress ct the Work studiii and on all other matters or que;tions related thereto. 1.3.3 Providing planning surveys, site evaluations, or The Architect's decisions in matter% relating to artistic comparative studies of prospective sites. effect %hall be final if consistent with the intent of the Contract Documents, 1.3.4 Making measured drawings of existing contruc- 1.1.17 The Architect have authority to reject Work tlon when required for planning additions or alterations which does not conform to the Contract Document,. The thereto. Archite(t ,ha'l a',o have authority to require the Contrac- 1.3.5 Revl,ing pre.,oL);IV approved Dra.c(ngs, Specifica- tOr to ,lop ih- %ork uheneaer in hi, reasonable opinion tion, or other document, to ac(ompllsh changes not initi- it may he r)ece„ary for the proper perfo-mance of the ated by the Architect. Contrae t The Archon*(t ,hall not he hable to) the C)wner 1.3.6 Preparing Cf)mge Orders and supporting data tot the (on,F*f(,en(e, of an. dc(;,ton made b. htin In .here the change in the Bay( Fee resulting from the ad- good faith e:r it) Pxer(t,e or not to vxvr(t,c, hi, author- tu,ted Contract Sum I, not commensurate ,%ith the Archi- ItV to,tOf) tF'(- 1`.rrrk le(I , cvr, I(e', regUlfr•d. 1.1.18 The ,hall rr�I(:. aid apt)rrne ,hop '1.3.7 Preparing do(um:`nt, for alternate hid, requested draw i. g,, samples, and other ,n:)mf„inn, of the Contrae- by the I'Mner. for o",N for c •,,rm,!r.(; %ttth the de-alto (on,ept of the Ps.)le(t and .• ,c,rnphawf, ,tilt.') the rnfnrrmoion giI.en 1.3.8 Pro) idlns {)et.�ilied f,tirnate, of Con,tru(tion In the C ontr Doc(.invent,. ( t..S, 1.1.19 Th(- - ),acts ,h,.11 prepare ( fla -w Order,. 1.3.9 Pronding (omultafion concerning replacement of 1.1.20 The e(t ,hall (ondL1(t m,pf (t)on, to (I,,- an-, Milk dariia,ged h% (Lie or other (,)it,(' d:)r(rl:{ i on,tnic terrmrle rho- -`a•. ()I SLih,t,fnthtl ( un'plehnr, ain(I final tfon, and lurni0iln,g prole„IoriA ,er%i((, O1 the type gel Completi(,. rea (%rattan .Ind related toroth in P.rr.a;;raph '1.1 a, ma. he required in (onnettion do(Lirnent .. : !,!,•(1 (,, 'h, ( onttac i, a!ld ,ia)II I„LI( a` i+llh the np.Ia(enent o,f such work'. :Inai Certrr .• ° ,r P-�.nx`r't 1.3.10 l'rovid:mi; prote,,ional u`r.li es in.ide ner e,car. 1.1.21 the -ilec t li.iil not ho r(•,l;r,n,,hle roc the b- the der,lult of the Contrae for in the periorman(c of the a(t,or olni, ,f the ( Iwir,)(tot ( • "Ub(r,ntra(tor, ( Mln T;tl(lion Contra(I. Or ;im U1 i'f- � -r?tr,i('err ur' `,Ilb(rr ,,,( V r, a,L;e'rlt, Or 1.3.11 Pro%id(n> 0mirmt Adnlini,tration and ob,er'.a- efilplo.(r', (7tI E`r ll(`r.(In, lit C1-r acnt tit th(` Work, I-li of (I)n,trm lion after Ilw C ontract Time has been ex- (eeded by morn than tI.�enty per cent thrrn)gh no fa,ull 1.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES of tlr Art hlte`c t 1.2.1 If in, e tf-pwu°nt.fr =,n .it . l -,tie than • :1.12 1 urnl,.hing th(` (h.ner a set of reproducible rec- i, de,(rlh(d :rr sI ol)aiti ai,ft, , c til If _(,,;!t n1 1 iris, rot dr.ntiln , ,F( { l ► g i „%ing significant change, made m(lu,nt ), re ; ec. ant. ., e L>.sne d Art ,sect al;re(' Itu;n the (on,tru(tion pro,(ess, based on marked ti the Ar(hlterf ? l)r„`,,,I(• (site nr nu, , f(, .we !'ro_e` l,r.nt, rlr.1„(ni,, and other data furnMied by the Contrae neon,( oral:. to a„I•,t if`e ,(hite, t for I(, the Art fait'(t 1.2.2 `LI(h :i-tfrre Project Repr( e ')l,f', r, ,f,.(`l f,( t 9.a.13 Pr(nldtng ,eruct`, after final payment is the se le( ed errr: �,_rd and oilier led h,e If,( Ar,r�!e(t ,,n<,i tffe C Arc}?tree 1 ,b.a'.i be (rimpen,,ue(i rfreretur a, talus-tuts. „ntta(tor, agreed ht'tttPr-> he Ot,ner and the Arc hire(l a, ,et hlrtfl 1.3.14 Pro.Idmg Interior di•,ign and other services re- in an (`xhihir ,,;,Pended to ihc, A4reenient willed ter or fit (onncoion %%ith the ,election of furnl- 1.2.3 The cl:,t-(•, ri•,l)On,lh,(It e, and ttnut,ft((m, tit au tLM' and Wtfllsflulg,, thOril. of ,u(h Fuil-tinie !'roje(t Repre,enfannt•, ,hall fw 1.3.15 Pfo\!ding ,er':I(e, d, an expert K'ItnesS In con- ,iet torth in an exhihit appended to this -\gret,rfwnt neebon with arty public hearing, arbitration proceeding. 1.2.4 Throueh the on-site ob,er.atit)n, h. lull-time Pfoj_ Or the` proceedings of a (.ourt of record. ect Repre,tntatls., of the Work in prog,res,. the Architect 1.3.16 Providing ,vnicer for planning tenant or rental %hall endea�(,r to pro.Id'L turlhe•r protection for the spares. AIA DOCI.IMIF%. T B131 U11,,f k iR(fit,f I i t,(.KI I Wt,f • %I PI I ut! ,( t , AIA a — 6lfif A,fER'Ci.*. }t.H Of AI(OMIC I, I h 0'. V(JRP, AILv; c AA. AAq,(, C,IU', I)( :(ICI( IUNE. 1967 PRIMMG • SUBPARAGRAPH 5.1.1 REVISED ASIA X ARTICU 2 3.1.1 For completed comtruction, the total cost of all such Work; THE OWNER'S RESPONS1131UTIIES $< 3.1.2 For wort not constructed, the lowest bona fide 2.1 The Owner shall provide full information regarding bid received from a qualified bidder for any or all of such h;s requirerne.nts for the Project. work; or U The Owner shall designate, When necessary, a rep- 3.1.3 For work for which bids are not received, (1) the msentative authorized to act in his behalf with respect to latest Detailed Cost Estimate, or (2) the AT latest the Project. The Owner or his representative shall exam- Statement of Probable Construction Cost. ine documents submitted by the Architect and shall render decisions pertaining thereto promptly, to avoid 3.2 Construction Cost does not include the fees of the unreasonable delay in the progress of the Architect's Architect and consultants, :he cost of the land, rghts-of work. way, or other costs which are the re=ponsibility of the 2.3 The Owner shall furnish a certified land survey of the Owner as provided in Paragraphs 2.3 through 2-5 inclu- stye. site giving, as applicable, grades and lines of streets, alleys, pavements and adjoining property; rights of way, 3.3 labor furnished by the Owner for the Project shalt restrictions, easements, encroachments, zoning, deed re- be included in the Construction Cost at current market strictions, boundaries and contours of the site; locations, rates. Materials and equipment furnished by the Owner dimensions and complete data pertaining to existing shall be included at current market prices, except that buildings, other improvements and trees; and full infor- used materials and equipment shall be included as if mation concerning available service and utility lines both purchased new for the Project. public and private. 3.4 Statements of Probable Construction Cost and De- 2.4 The Owner shall furnish the services of a soils en- tailed Cost Estimates prepared by the Architect represen' gineer, when such services are deemed necessary by his best iudgment as a design professional familiar wit~ the Architect„ Including reports, test borings, test pits, the construction industry. it is recog sized, however, tFa- soil bearing values and other necessary operations for neither the Architect nor the Owner ha: anv control me determining subsoil conditions the cost of labor, materials or equipment. orer the con- 2.5 The Owner shall furnish structural, mechanical, tractors' methods f determining bid prices, or o,.er(fw- chemical and other laboratory tests, inspections and re- petitive bidding or market conditions. Accurdingk, iF�- ports as required by law or the Contract Documents. Architect cannot and does not guar.intee that bid, pill I,r nary from any Statement of Probable Constru,:ion C 2.6 The Owner shall furnish such legal, ,accounting and or other cost estimate prepared by him insurance counselling services as may be necessary for the Project, and such auditing services as he may require to 3.5 When a fixed limit of Comtruct:on Cost est r.- ascertain holy or for what purposes the Contractor has fished as a condition of this Agreement, It shall indud.- used the moneys paid to him under the Construction bidding i-ontinger,cy of ten per cent unies- ancrth••- Contract. amount is agreed upon in .writing. %hen such a i xed lir- - is established, the Architect shall be permitted to det4- - 2.7 The services, information, surveys and reports re- mine what materials, equipment cornponent t tem. ,, . quired by Paragraphs 2.1 through 2.6 inclusive shall be types of cont•.ruction are to be included in the Contra furnished at the Owner's expense, and the Architect shall Documents, and to make reasonable adjustment, IT, tr be entitled to rely upon the accuracy thereof. scope of the Project to bring a within the fixed limit ?. 2.8 If the Owner observes or otherwise becomes aware Architect may also include in the Contract Docun,cr- of anv fault or defect in the Project or non-conformance alternate bids to adjust the Construction Cost to rile fixe-. with the Contract Documents, he shall give prompt writ- limit, ten notice thereof to the Architect. 3.5.1 If the linvest bona fide hid, the Detailed Cost E<' 2.9 The Owner shall turnMi information required of him mate or the Statement of Probable Construction Cost F, as expeditiously as necessary for the orderly progress of ceeds such fixed limit of Construction Copt rmcluding t` the Work. bidding contingence, established as a condition of tr Agreement, the Ov ner Shall (1) give written approval r an increase in such fixed limit, (2, authorize rehidd— the Project within a reasonable time, or 13) cooperate ARTICLE 3 revising the Pres;ect scope and quality es required to r-- duce the Probable Construction Cost. In the case of s CONSTRUCTION COST the Architect, without additional charge, shall mode, the Drawings and Specifications as necessary to b•ing tF,p 3.1 Construction Cost to be used as a basis for deter- Construction Cost within the fixed limit. t he pros• iding mining the Architect's Fee for all Work designed or speci- this service shall he the limit of the Architect's respor; . fied by the Architect, including labor, materials, equip- bility in this regard, and having done so, the Archik ment and furnishings,shall be determined as follows, with shall be entitled to his fees in accordance v i;h ri- precedence in the order listed: ,Agreement. AIA DOCUMENT B1E1 - 0%%NER•ARCHITECT AGREEMENT - SEPTF.m8ER 1IJ66 EDITION -AIAI& J _� (7 THE AMERICAN INSTIiUi[Of ARCHITECTS,1735 NEW YORK AVENUE,N.W.. AAiHINGTON.D C.-10006 TUNE 1967 PRINTING - SUBPARAGRAPH 5.1.1 REVISED AIMCLE 4 6.2 Payments for Additional Services of the Architect as — defined in Paragraph 1.3, and for Reimbursable Expenses MEICT P NNEL EXPENSE as defined in Article 5, shall be made monthly upon 4.1 Direct Personnel Expense of employees engaged on presentat€c(n of the Architect's statement of services ren- the Project by the Architect includes architects, engineers, dared. designers, job captains, draftsmen, specification writers 6.3 No deductions shall be made from the Architect's and typists, in consultation, research and design, in pro- compensation on account of penalty, liquidated dam- during Drawings, Specifications and other documents per- ages, or other sums withheld from payments to con- taining to the Project, and In services during construction tractors. at the site. 6,4 If the Project is suspended for more than three 4.2 Direct Personnel Expense includes cost of salaries months or abandoned in whole or in part, the Architect and of mandatory and customary benefits such as statu- shall be paid his compensation for services performed tory employee benefits, insurance, sick leave, holidays and prior to receipt of written notice from the Owner of such vacations, pension; and similar benefits• suspension or abandonment, together with Reimbursable Expenses then due and all terminal expenses resulting ARTICLE 5 from such suspension or abandonment. REIMBURSABLE EXPENSES 5.1 Reimbursable Expenses are in addition to the Fees to, Basic and Additional Services and mc!ude actual ex- ARTICLE 7 penditures made by the Architect, his employees, or his ---- (onsuitants in the interest of the Protect for the follow%mg incidental expenses listed in the following Subparagraphs ARCHITECT'S ACCOUNTING RECORDS 5.1.1 Expense of tran,port„Rion and lnm> When traw(,! Re(ords r,i t!ic Ar(hrt-c tb 1) ­r± Per.rinne' Cr.�n-u ate. ing in (onneoior, w%Ith the Project and for lone; di,tan((' and 1xpen,v, pe a-n,ng to ih,' �rri,ert c all, and telegrarns We Oro , r(i a<(nunh. b(^v.f'r ^_. ( - 5.1.2 Expense' of repr(ldm ions. p(n(a c' and handling (1i Ira{t4r ��'.a.I bP Arp( on .f g(+r,{,..'lw �Y(()f�'n V('d drtt,US"ai I)rawsrng, and W, (Iu(!ing (OpIf`, irir Archl- basr, and -,hall be available ir) 'I-e ()%vner r>r h:s authr,-- te(('� 001((' Rise' and dupll(at(1 sets at vach pha-e for the Iced .(°!Yr-"7idt v(, at ;+{,,_ �,hnkE•nt rse. Owner*,, revies< and ipprw.al: and fees Imid for securing approve al of authorities hawing jurisdiction over the Protect. 5.1.3 It authuri/ed In a(fwanc(, by the OVvner, th(' vx- p('r.)e of oyertimt° Work WNI.Jlring higher than regular rates; per,pectn e, or rnocie•!s for the Owner', use; and ARTICLE 8 fees of special consultants for other than tFu;' normal stnl( tural, methrole:! and ele(tri(al c'ng:n((nnh scryl;4's. TERMINATION OIF AGREEMENT this A"f-t•`Iler E. n'la'. bF. ',t rrrr it(•ri ir' : (ir:,•r Isd"', i.1. 'AA(In ().-.,, ',%ritt('n I)WI(( (7i(1 ii7F r p3rtw ARTICLE 6 ,ub,,tant I1. to 1wriorrrr in through no tault vi tht' (ith(,r to tf'r• (• n tt­,rnina• ` PAYMENiS TO THE ARCHITECT clue to the fault w wht'r, th if, if1(- \((hlte( 0w Ar - 6.1 Payments On account of the Architects Bavc Sen.- tc'ct ,half be paid hi, i(,._ If,rT(I.- ices shall he made as followws: to termination (late induding R(unT�ur,,(E: r fxpr� 6.1.1 than dui- and all tc'I anal expenses 6.1.2 Subsequent pad r ents shall be made monthly in ARTICLE 9 proportion to services p-�riormed to increase the compen- sation for Basic Services to the following percentages of OWNERSHIP OF DOCUMENTS Ba`•c Fee at the completion of each phase of the Work Dra•.wings and Specifications as instruments of sery,r- Schematic Design Phase . . .. . . . . . 15% are and shall remain the property of the Architect whethe- Design Development Phase . . . . . . 350/ the Project for which 1-hey are made is executed or nc, Construction Documents Phase . . . . 750/. They are not to !-,e used by the Owner on other projec--. Bidding or Negotiation Phase . . . . . 801/ or extensions to this Project except by agreement in wr,r- Con.struction Phase . . . . . . . . . . . . . . 1W1. ing and with appropriate compensation to the Architec`. AIA DOCUMENT B131 • Olt*,fR-ARCHIIECI At kF W.NT • SEPTE,V(E3ER i965f:i11TION • AIA9) g 5 THE.A%iERICA\1',sTI1isTE OF ARCHITECTS. 1'3, 1,EW YORK AVENUE.N.W, W.ASHISC D.0 20006 TUNE 1967 PRINTING • SUBPARAG,R%Pf1 5.1.1 REVISED ARTICLE 10 dispute or other matter in question has arisen. In no event shall the demand for a.rbitration be made after SUCCESSORS AND ASSIGNS institution of legal or equitable proceedings based on The Owner and the Architect each binds himself, his such claim, dispute or other matter in question would partners, successors, assigns and legal representatives to be barred by the applicable statute of limitations. the other party to this Agreement and to the partners, 11.3 The award rendered by the arbitrators shall be final, successors, assigns and legal representatives of such other and judgment may be entered upon it iit any court having party with respect to all covenants of this Agreement. jurisdiction thereof. Neither the Owner nor the Architect shall assign, sublet or transfer his interest in this Agreement without the ARTICLE 12 written consent of the other. EXTENT OF AGREEMENT ARTICLE 11 This Agreement represents the entire and integrated ARBITRATION agreement between the Owner and the Architect and supersedes all prior negotiations, representation-, or 11.1 All claims, disputes and other matters in question agreements, either written or oral. This Agreement may arising out of, or relating to, this Agreement or the be amended or'y by written instrument signed by both breach thereof shall be decided by arbitration in accord- Owner and Architect. ante with the Construction Industry Arbitration Rules of the American Arbitration Association then obtain;ng. Thi: agreement so to arbitrate shall be specifically enforceable ARTICLE 13 under the prevailing arbitration Saw. APPLICABLE LAW 11.1 Notice of the demand frr- arbitration shall be filed ,n 4,•Inng voth the other part. to this Agreement and Unless c therwise specified. this Agreement shall be gov- «Ith the ' mer;(an Arbitration nciation. The demand erned by the law of the principal place of business of the Tall he made within a time after the cl-a! Architect AIA DOCUMENT 9131 • OWNER-ARCHITECT' AGREEMENT • SEPTE%ABER 7466 COITION " AIA@ 7 <)THE AMERICA'4 INSTITUTE Of ARCHITECTS 1735 NEW YORK AVENLE,N IN, AA_9i1%GTON, D.C.20006 TUNE 1%7 PRINTING - SUBPARAGRAPH 5.1.1 REVISED a L 1 This Agreement executed the day and year first written abo.e. �^ R ' ARCHITECT OWNER THE Cl? C3F CUPERTINI� --- -- _lrchltr_us Registration tio. C-15�—_— AIA DOCUMENT `131 • OWNER-ARCHITECT AGREEMEN'r • SEPTEN9ER 1966 EDITION •AIA® 8 ©THE A.•dERICAN INST17:TE Of ARCHITECTS 1,735%EW YORK AVENUE,N W..WASHINGTON. D.C. 200D6 IUNE 1%7 PRINTING • SUBPARAGRAPH 5.1.1 REVISED a 7 3F,_ . F dr Y�. t =An k' i�5 e T +* FfbruftT 26, 1966 s r Mr. Wilfred E. Blessing, A.Z.A. 1190 Coleman San .dose, California Dear 1r. Bles®in` I am returning to you a copy of the Standard norm of Agree- ment Between Owner and Architect which has been signed by the Hayor and the City Clerk in accordance with instructions given by the City Council. The Original of this agreement for the design of the Cuper- tino Branch Library has been retained in this office. Very truly yours, CITY OF CUPERTINO 'Elm. E. Ryder City Clerk Encl. 1 W R/bd L