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HomeMy WebLinkAboutNegotiated Settlement of Architect's Fees - William W. Hedley Jr - 1971 Willizom W. H�dley Jr. wee A(il" ,IoAA #t djch )'VW WO AGRE32MT AGRMOUM, made by the CITY OF C€TPERTINO, a 43_ Municipal Corporation of the State of California, herein- after referred to as "City , and WILLIAM W. HEDLEY, JR. , a Licensed Architect, hereinafter referred to as "Architect" . RECITALS: (a) On February 16, 1970 , the parties entered into a Standard Form of Agreement Between Owner add Architect, hereinafter referred to as "Agreement" , by which Architect was employed to provide certain architectural services for City in connection with a proposed C^mmunity Center to be built in the City. Said Agreement is incorporated herein and made a part hereof by reference . (b) Pursuant to said Agreement, Architect completed, and was paid for by City, the Schematic Design Phase and the Design Development Phase of the Agreement. (c) On July 6, 1970, Architect presented to the City Council of City the Design Development Documents. At said meeting the City Council of City took no formal action to approve said documents . (d) Nevertheless, Architect proceeded to prepare Working Drawings and Specifications, because, among other reasons, he believed that the City Council of the City had approved the Design Development Documents . (e) On July 29, 1970, Architect was verbally requested to stop work on the project , which request was confirmed by the City Council of City on August 5, 1970. a:: (f) O. March 15, 1971, Architect billed. City for $5,790.d0 for work done on the Working Drawings and Specifi- cations, representing 40% completion of that phase of the architectural services. (g) City has taken the position that, in the absence of formal approval of the Design Development Tents by the City Council of City, Architect should not havt proceeded to prepare Working Drawings and Specifications. (h) The parties have reached an informal compromise of the dispute existing between taem, which they now wish to reduce to writing. IN CONSIDERATION of the acts and promises herein contained, the parties agree with each other as follows: 1 . Immediate Payment: City shall immediately pay to Architect 60% of the March 1, 1971 , billing, which amounts to $3,474.00. 2. Deferred Payment: City shall pay to Architect the remaining 40% of the March 1, 1971 billing, which amounts to $2, 116.00, if and when, but only if and when, City decides to proceed with the project. In the event City does not decide to proceed with the project within the period of five years from the date of this Agreement, then, am such an event, the City shall no longer be obligated to pay to Architect said sum of $2, 116.00. 3. Emplolnnent of Architect: If City decides to proceed with the project, it may, but it shall not be obligated to, employ Architect to Page Two • rg complete the architectural services required; and, likewise, Architect may, but shall not be obligated to, perform such architectural services. 4. :ght to use Drawings, Documents and Information-. In the event City decides to go ahead with the project, and it does not employ Architect to complete- the architectural services required, it shall, nevertheless, have the right to use all drawings, documents and information heretofore prepared and developed by Architect with respect to the project . save and except his original tracings , and to make such drawings, documents, and information available to any architect it may employ for such purpose. In such event , Architect shall assume no professional liability for the drawings, documents , and information prepared and developed by him. 5. Mutual Releases: Each of the parties hereby releases the other from any and all claims, demands or liability, arising out of their previous dealings to this date, including, but not limited to, said Agreement. 6. Scope of this Agreement: This Agreement constitutes the entire understanding of the parties with respect to the foregoing and no represen- tation, statement or understanding shall be binding upon either of the parties unless incorporated herein. Subject to the foregoing, this Agreement shali bind, and inure to the benefit of, t-he heirs, successors and assigns of the parties. Page Three o IN WITNESS WBMWF, the parties have executed this Agreement this ; day of December, 1971 CITY OF CUPERT NO, a Municipal Corporation Mayor , City Council ATTESTS tt ge'a LJ City CleJV William W. Hedley, Jr. Licensed Architect Page Four RESOLUTION NO. 3175 A RESOLUTION OF THE CI Y COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING AN APPROPRIATION OF FUNDS AND APPROVING AN AGRELMENT FOR NEGOTIATED SETTLE:IE NT GF ARCHITECT'S FEES WHEREAS, a duly appointed committee representing the City Council has met with Architect .'illiam Hedley for the express purpose of nego- tiating a settlement to a claim for ser-:ices rendered in the drawing of plans for a proposed Community Center Building; and WHEREAS, said committee and Mr. Hedley mutually have agreed that. said settlement sho id consist of an i- _ediate cash payment of Three Thousand Four Hundred Seventy Four (SR,-74.00) Dollars representing sixty (60%) percent of the submitted unpaid claim; and 1-.HEREAS, the remai. i.ng forty (407.) percent of the said unpaid claim is to be deferred until such time as authorization is given for the pletion of said project; and t.HERF_4S, the monies for payment of the negotiated cash settle•lent must be appropriated from the General and Unappropriated Surplus; NOW, TIiEREFORE, BLE. IT RESOLVED h _:-e City CcLncil of the City• of Cupertino that authorization is here?;: `ranted for the approval of the negotiated agreement and that the su-: of Three Thousand 1-our Hundred Seventy Four ($3,474.00) Dollars fro-. t :e General Fund i_nappropriated Surplus be paid to `'r. •,illiam Hedle-: pursuant to said agreer: ent. PASSED AZ ADOPT _J at a regular :eeting of the City Council of the City of Cupertino this 20th day of December 19 71 by the follow- ing vote: AYES: Councilmen - Fitzgerald, Frolich, Irwin, Stokes, Noel NOES: Councilmen - None ABSENT: Councilmen - None ATTEST: APPROVED: /s/ Wm.,�;, Rvdgr /s/ Clyde L. Noel City Clerk Mayor, City of Cupertino • x • M1 C.iTY OF CUPERTINO, State of California 10300 Torre Avenue, Cupertino, California Phone: 252-4505 1C_55 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ADaUST 3, 1970 IN THE COUNCIL CHAMBER, CITY HALL, CUPERTINO, CALIFORNIA The meeting was called to order at 8:02 p.m. in the Council Chamber of the City Hall and 21ayor Stokes led the assemblage in a flag salute. Roll Call Councilmen in attendance: Fitzgerald, Frolich, Green, Noel, Mayor � Stokes. Also present: Acting City :Manager Ryder, City Attorney Anderson, Director of Public Works Yarborough, Planning Director Sisk, irol call Chief Building Inspector Benevich, Parks and Recreation Director Parham, A.,.:stant Planner Cowan and Recording Secretary White. f i Minutes of Previous Meetings It was moved by Councilman Frolich, seconded by Councilman Fitzgerald and passed unanimously that the minutes of July 20 and July 27 be approved as submitted, subject to the correction of a typographical error on the July 27 minutes. ;min-_;tes It was further moved by Councilman Green, seconded by Councilman Frolich and passed unanimously that the minutes of. July 29 be approved as sub- mitted. I Written Communications 4 Acting City '.Manager Ryder introduced a letter received from the U. S. Department of Commerce, Bureau of Census, requesting that the City of Cupertino cooperate with therm in a followup count in the City of Cupertine; o__D:a:p of any persons who might have been missed in the first count. The forms will he available to the public at the City Hall. l Mr. Ryder also received a written communication from Mr. Robert Dempster appealing the denial by the Planning Commission of Applications ll-Z-70 a::- and 12-U-70. Also received too late for inclusion on the agenda was an appeal of the approval by the Planning Commission of Application ! 2 7U 13-U-70. These two separate hearings have been scheduled for August 17, 1970. It was moved by Councilman Noel, seconded by Councilman Green and passed hearing unanimously that these two matters be heard on August 17, 1970. approved A third communication received by Mr. Ryder requested clarification of the cltzrifica non-approval of preliminary drawings for the Community Center Building Itin from Mr. Hedley, who said that his feeling was that the project had been re;uested Page Minutes of the City Council, August 3, 1970 CC-55 Written Communications (continued) rk approved &%d, based upon this ..onclusion, continued with the working continued drawings. He had been informed to the contrary by the City Manager and that work on the drawings should be stopped. Mayor Stokes responded that when the drawings were presented to the tot approved - City Council, they were not approved at that time because funds are no funds not available yet to procoed with the building. He further indicated that funds for this building depended on the results of the November 3 Bond Election. written The Mayor suggested that, in the future, instructions be authorized and authorization iset forth in full in writing from the City Manager's office before pro- ceeding with projects such as this. written I cor=unicat ions �Iassed t was moved by Councilman Green, seconded by Councilman Frolich and approved unanimously that the written communications be filed. or Communications Recording Z--ng City Manager Ryder introduced the new Recording Secretary, Secretary 'Dolores White, to the City Council and the audience in the Council introiced Chamber. iReport of Commissions and Coattnittees r-- ICouncil Representatives lot,- eve 1 ?Councilman Frolich stated that the Transportation Policy Committee u•'-eti-5 `='eeting which was held recently was a fairly low-level meeting but more progress should be made in the near future in this regard. i oi-t project !?'favor Stores stated that he has been in contact with Mr. Pott of the r ac prc�e- ;Santa Clara County Public Works Department regarding the County enter- '`�'= ling into a joint project for improvement of Stevens Creek Boulevard. Mayor Stokes continued, if a program could be worked out in this regard, ;it would solve many of our problems with traffic and access across 'anu_2 Order ;Stevens Creek to the Stonydale Park. This also will. cut down on requested congestion at the opening of the new section of freew_y onto Stevens (Creek Boulevard. The mayor then requested a Minute Order indicating interest in pursuing a joint project with the County for improvement of the section of Stevens Creek Boulevard from DeAnza College to Foothill Boulevard. Minute Order It was moved by Councilman Frolich, seconded by Councilman Green and approved unanimously passed that a Minute Order be entered indicating the City's !interest in the project. Councilman Fitzgerald reported that a joint Planning Council Proposal proposal j-ad been introduced to .the general membership of the Planning Policy introduced Committee which was discussed and turned over to the executive committee for changes. He said this proposal will shortly be appearing before the City Council. Minutes of the City Council, August 3, 1970 -55 age 3 Reports of Commissions and Committees (continued) Mayo% Stokes reported there was no meeting of the Inter-City Council this week. Mayor Stokes also reported there was no meeting held of the League of California Cities. Councilman Frolich commented that there was a large turnout at the last Association of Bay Area Governments meeting and it was decided that various discussions would be held between the City and the various other meetings agencies involved as to plans of each. The General Plan for the Bay discussed Area was accepted. Councilman noel reported no meeting of the Flood Control Advisory Committee or of the Santa Clara County Water Commission this week. Councilman Green indicated there was no meeting held of the Solid- Waste Committee of the Planning Policy Committee. Planning Commission 1. Application 14-TM-70 from Ralph G. Rodrigues for a Tentative Map to divide .376 acre into two parcels, located on the 14-TY-70 easterly side of McClellan Road, approximately 700 feet legend east of Linda Vista Drive. Recommended for approval by the Planning Commission on July 13, 1970. (Continued from July 20, 1970) Mr. Sisk presented slides relative to the area in question and dis- cussed the proposal, which includes the division of an area of 16,400 square feet into two parcels. He said that a flag lot is to be created! at the rear of the property, but it was a concern of the Planning '' Commission that the orientation of the dwellings in relation to the ; presentation land might pose a problem and, as a condition of approval, recommended the final map be drawn in such a manner as to reflect a 12-foot flag approach to McClellan Road so that setbacks will comply to the zoning regulations. Another concern was the access from Parcel 2 to McClellan Road and it was suggested as a further condition that it be required a turn-around be located on the parcel to allow vehicular access from Parcel 2 to McClellan Road. Councilman Fitzgerald requested that he be allowed to abstain from any discussion. or vote on this matter in that his office is directly in- volved in this lot-split application. Mr. Dick Pacheco, 1960 The Alameda, San Jose, California (a realtor representing Ralph Rodrigues) offered to answer questions. Councilman Green moved, it was seconded by Councilman Noel and unan- imously passed by the members that Application 14-TM-70 be approved as recommended by the Planning Commission. Architectural and Site Approval Committee 1. Application 437-HC-69 from Federal Signs, 1521 Terminal Avenue San Jose, requesting a blanket approval of all the shop signs t Page 4 Minutes of the City Council, August 3, 1970 CC-55 ° Architectural and Site Approval Committee (continued) legend at the Crossroads Center and an additional wall sign for Mervyn's continued Store on the west side of the building. Recommended for approval by Architectural and Site Approval Committee on July 22, 1970. sign Mr. Benevich showed slides of the signs proposed for Atwood Imports slides (with the addition of phrase, "on the square") ; the Morris Fabric sign shorn to be dono in red and turquoise blue acrylic paint and the Mervyn sign on the west side of the building; he then offered Phase A through B for Council review and approval. !He said the two signs for Atwood Imports and Morris Fabric stores would sign The on the front portion of the building and located one foot under- location neath the face of same, and that the size of the Mervyn sign would be 2' x 17' on the west side of the building. He commented that the question on the shopping center sign is that the 1130 square feet of space will be taken up by the shopping center ideati- signs ;fication and the two store identifications. He then referred to the withi- :possibility that future stores desiring identification would not have ordinance :the opportunity to be included due to the above restriction in size. He ,added that the height and surface of the signs comply with the ordinance. i ''Sr. Dempster remarked that the interpretation of the sign ordinance was cwner's that tenants "may", not "will" or "shall", be on the shopping center choice sign and this becomes an internal problem of the shopping center owner :to decide , as long as the signs comply with the ordnance. i Councilman Fitzgerald suggested a condition be made in the ordinance silly that once signs are placed in a location, they should be kept in the !same location and not relocated on the building. i City Attorney Anderson replied it is within the power of the Council to _o7:dicn :impose this as a condition of the permit, that no change of the sign th` `.ouncil position or removal of the sign be made without permission being granted dower by the Council for same and, personally, felt that this should be shown Ion the permit. i _�,ree -.air. 'Mayor Stokes felt that only three questions were involved in this issue: �ikn c�est:ions '1) blanket appznval of all signs submitted, 2) approval for the sign Ion Mervyn's anu 3) the shopping center sign. i signs In IMr. Benevich indicated that all three of the items "re in compliance compliance !with the ordinance as far as sign setbacks, footage, etcetera are concerned. _37-HC-69 It was moved by Councilman Frolich, seconded by Councilman Fitzgerald approved land was unanimously passed that Application 437-HC-69 be approved as recommended by the Architectural and Site Approval Committee. 454-HC-70 2. Application 454-HC-70 from Sterling Homes, Inc. , 489 Division legend Street, Campbell, California, requesting approval to install a 6-foot masonry fence at the 140-unit townhouse complex located Minutes of City Council, August 3, 1970 CC-55 Page 5 Architectural and Site Approval Committee (continued) off Foothill Boulevard and north of Stevens Creek Boulevard. Recommended for approval by l-zhitectural and Site Approval Committee July 22, 1970. Mr. Benevich presented slides and discussed the 6-foot masonry fence discussion indicating it would consist of pre-cast concrete panels, 12' x 6' high. and slides As he went on with his discussion, he showed examples of the type of by chief wall the applicant had in mind for the area. bldg. insp. Mayor Stokes reflected that zhe City of. Milpitas had used thi,7, type of fencing along the freeway and the poles eventually rusted and had to `suggestion be replaced by concrete r,i.11ars. tie suggested a condition be imposed Iof condition that the fence be installe& to the approval of the Chief Building by mayor Inspector. It was moved by Councilman Fitzgerald, seconded by Councilman Green and 454- .r-70_ passed unanimously that Application 454-HC-70 be approved as recommended by the Architectural and Site Approval Committee, subject to the satis- faction of the Chief Building Inspector. Parks and Recreation Commissioo tt There was no meeting (no quorum) according to agenda. i Eater Commission i Mr. Yarborough had nothing to add to the Water Commission minutes of July 29, 1970. Public Hearings There were no public hearings scheduled. Ordinances 1. First reading of Ordinance No. 467: "An Ordinance of the City of Ord Cupertino Designating Stop Intersections." Ist r :3;IinL. Mr. Yarborough commented that this is a compilation of ordinances pre- viously enacted and is just a matter of updating these ordinances. It was moved by Councilman Fitzgerald, seconded by Councilman Frolich and unanimously passed that Ordinance No. 467 be read by. title only and that the Mayor's reading of the title constitute the first reading of the ordinance. Resolutions 1. No. 2038: "A Resolution of the City Council of the City of Res. 2033 Cupertino Allowing Certain Claims and Demands Payable in the legen_ Amounts and from the Funds as Hereinafter Described for Salaries and Wages for Payroll Ending July 28, 1970." e b notes of the City Council, August 3, 1970 CC-55 Resolutions (continued) it was moved by Councilman Noel that Resolution 2038 be adopted and econded by Councilman Green. 2038 opted yes: Councilman Frolich, Fitzgerald, Noel, Green, Mayor Stokes Noes: None. bsent: None. s. 2039 2, No. 2039: "A Resolution of the City Council of the City of egend Cupertino Allowing Certain Claims and Demands Payable in the Amounts and from the Funtis as Hereinafter Described for Miscellaneous and General Expenditures". It was moved by Councilman Frolich, and seconded by Councilman Green that Resolution 2039 be adopted. Res. 2039 adopcea Ayes: Councilman Frolich, Fitzgerald, Noel, Green, Mayor Stokes Noes: None. Absent : None. Res. 2040 3. No. 2040: "A Resolution of the City Council of the City of legend Cupertino Desiring to Esta�lish a 'Deemed ' Retirement System_ Pursuant to Section 218 (d) (6) of the Federal Social Security Act". IIt was moved by Councilman Frolich, and seconded by Councilman Fitzgerald !that Resolution 2040 be adopted. Les. 2040 adopted Ayes: Councilman Frolich, Fitzgerald, Noel, Green, Mayor Stokes Noes: None. Absent: None. Res. 2042 4. No. 2042: "A Resolution of the City Council of the City of legend Cupertino Accepting an Offer for the Services of a Public MManagement Consultant to assist the City Council in Seeking Qualified Candidates for the City Xanager Position". It was moved by Councilman 'Frolich that Resolution 2042 be adopted and ( seconded by Councilman Fitzgerald. Res. 2042 f adopted Ayes: Councilman Frolich, Fitzgerald, Noel , Green, Mayor Stokes iNoes: None. Absent : None. iUnfinished Business 1. DiscussiDn on definition of family as contained in Zoning Ordinance. Urgency Ord. 220M discussed Mayor Stokes requested Mr. Ryder's comments regarding the Urgency Ordinance 220N, to which he responded by reading the proposed wording of the ordinance. Minutes of the City Council, August 3, 1970 C-55 Page 7 Unfinished Business (continued) Mr. Sisk inquired as to how this would apply to apartment renters and overall Mr. Ryder responded that, to his knowledge, this ordinance would prevail application over all ordinances. Attorney Anderson indicated that the words: "one kitchen, one house, one key wording group of people related by blood"are key words in this definition of discussed family. Mrs. Anger of Monta Vista came forward from the audience and questioned the effect of this ordinance upon widows and widowers who wanted to have audience a live-in companion, to which Attorney Anderson said that a single person discussion would be covered within the present definition. 1 Councilman Fitzgerald made the suggestion that this be changed to include change not more than two persons so that one could have a live-ia companion suggeste.r and not be in violation. Councilman Noel inquired as to the effect on fraternities and sororities other or friends coming to stay with a family for a month or so and the dis- appiicat:Uas cussion continued among the Council members. Edna Bow of Drake Drive, Cupertino, related a bad situation existing in iexistn the neighborhood where she resides. She said one of the homes is being isituat::. used as a boarding house, is run down, unkept and that several of the jdiscusscc young people in the area have been accosted by some of the boarders. Councilman Frolich suggested that the R-1 Ordinance be amended to state IR-1 Ur::. that two unrelated people can live in a home. amend-c-; sugges.eo Mayor Stokes agreed with Councilman Frolich that the R-1 Ordinance should be amended. Mr. Ed Updegraf of Drake Drive, Cupertino, urged passage if this ordi- term nance and suggested the term, "foster children" be included in the suggested definition. Councilman Noel and Councilman Green were of the opinion that there :must � be other exceptions that might come up in the future an,j there must be iexcept=o:,s another way of solving this problem other than by passage of this ordi- idiscussed nance. Councilman Noel continued by saying his feeling, persona-ly, was that FCouncil-.an's he could not approve this issue inasmuch as there were too many questions comments left unanswered and a high probability of misconception in the future. It was moved by Councilman Fitzgerald, s inded by Councilman Frolich Urgency that Ordinance No. 220M be enacted as an urgency ordinance. Ord. ?l:q;q enac t esl Ayes: Councilman Frolich, Fitzgerald, Green, Mayor Stokes Noea: Councilman Noel Abbant : None. s e 8 Minutes of the City Council, August 3, 1970 CC•-55 Unfinished Business (continued) 2. Discussion relative to procedures and composition of Architectural and Site Approval Committee. Mayor Stokes began the discussion by indicating his concern as to the amount of time spent un procedures and composition of the Architectural and Site Approval Committee and that blanket approval methods have not 1.6,jrked, matters have been gone over iter-by-item and the Council is hict satisfied with the progress being made by the Architectural and H-Control Site Approval Committee at this time. He said he, personally, feels problems !the problems could be attributed to three things: 1) Architectural and discussed Site Approval Committee not being aware of what Council is looking for due to poor communication, 2) the possibility that professional help lis needed to get the best results and 3) perhaps Architectural and Site Approval Committee members feel they do not have the power to make demands ;when the necessity arises. ccmr.ittee Louncilman Fitzgerald was of the opinion that it was No. 2 above and suggested {suggested that a committee be formed to report to H Control. ,Councilman Frolich continued by saying that reports are probably needed initial .with suggestions and recommendations as are received by the Planning report lCommission and City Council and this would possibly stimulate better suggested discussion. He also said that the City :Tanager, Public Works Director . !and Chief Building Inspector should discuss matters together and work lout how this report should be prepared as to implement their conclusions. I Acting City Manager Ryder in(`.icated perhaps part of t'.e problem might be procedures ,that the existing ordinance specified every procedural detail and felt tco cetailed {that in the future it mi;U be wise to have the rules and regulations, ladmini.strative in nature, approved by the City Council and filed with Ithe City Clerk. He continued he was against procedural matters being included in ordinances. H-Control Mayor Stokes suggested this discussion be transmitted to H Control for comments Itheir information and comments and also requested this item be put on requested the forthcoming agenda for further discussion. . 3. Adoption of appropriate resolutions and minute orders relating to November bond issue. Tri, -)n Mayor Stokes read a letter from Mr. Stocklr..eir of the Trianon Foundacion letter read agreeing to negotiate and set up terms regarding, the building prior to passage of this measure in the Bond Election. Res. 2046 Acting City Mar.ag+er Ryder read the contents of Resolution 2046 and in- read quired as to questions from the councilmen. There were no questions and Councilran Green moved for adoption of Res. 2046 Resolution No. 2U46, it was secoz)ded by Councilman Frolich and unan- adopted, imously passd that Resolution 2046 be adopted. 4. Request to Board of Supervisors to incorporate Bond Election with General Election in November. XinuLIs of the City Council, August 3, 1970 CC-53 Page 9 Unfinished Business (continued) Acting City Manager Ryder introduced Ordinance 470 and requested . Ord. 470 passage on first reading. introduced It was moved by Councilman Frolich, seconded by Councilman Fitzgerald Ord. 470 and passed by a unanimous vote that Ordinance 470 be read by title only first read- and that the reading by the Acting City Manager constitute the first ing reading. S. Resolution No. 2047: "A Resolution of the City Council. of the City of Cupertino Requesting the Board of Supervisors Res. 2047 of Santa Clara County to Provile for the Consolidation of legend a Special Municipal. Pond Election with the State of California General Election to be Held November 3, 1970". Councilman. Frolich moved, it was seconded by Councilman Fitzgerald and Res. 2047 passed unanimously that Resolution 2047 be adopted. adopted Mr. Ryder brought up the subject of the cut-off date for submission of arguments on Bond Election measures being that of September 11, 1970 cut-t ` with priority being given to the City Council (as mentioned in the date Election Code) to present arguments "for" or "against" the measures. Attorney Anderson read a letter he recently received from the firm of Bones Orrick, Herrington, .oklev & Sutcliffe regarding fees for services for I C0-,-, _ acting as Bond Counsel and recommended approval. of them. fees Mayor Stokes questioned the letter being sent to Attorney Anderson and not to the. Cit ",anager, to which the attorney replied it was probably done _ mot of professional courtesy inasmuch as he is acting as Associate Counsel in this action. It was moved by Councilman Fitzgerald, seconded by Councilman 'Frolich and fee L.nanimously passed rhat the fee schedule, as presented by Orrick, e Herrington, Rowley & Sutcliffe, be approved and the following vote appr:ved was taken: Ayes: Councilman Frolich, Fitzgerald, Noel, Green, Mayor Stokes Noes: None. Absent : None. Councilman Fitzgerald then moved that the City relinquish the priority right to the Eoard of the Trianon Foundation so the) may prepare the pr IL_itY argument in favor of the bond measure for the Trianon Building with rei .quish- right of review by the City Council, it was seconded by Councilman ed Frolich and unanimously passed. New Business 1. Proclaiming the week of September 6tn as Bobby Kennedy Football Week. Councilman Green moved that thr request for proclamation of the week of proc—ama- September 6th as Bobby Kennedy Football Week be approved, it was seconded tion by Councilman Fitzgerald and unanimously passed. approved Page 10 Minutes of City Council, August 3, 1970 CC-55' New Business (continued) 2. Resort on bids received for resurfacing Wolfe Road between Stevens Creek Boulevard and Route 280 and award of contract. Director of Public Works Yarborough indicated five bids had been bids received, ranging from a high bid of $14,014 to a liw bid of $11,993, discussed for the resurfacing of Wolfe Road between Stevens Creek Boulevard and with Route 280 and recommended award of contract be given to A. J. Raisch recommenda- Company as low bidder. tion .low bid It was moved by Councilman Fitzgerald that the low bid be approved approved and the contract awarded as recommended, it was seconded by Councilman Frolich and unanimously passed. Consent Calendar: (a) Resolution No. 2041: "A Resolution of the City Council of the Res. 2041 City of Cupertinz; Making Its Orde- Describing the Boundaries legend Designated as "Saich 69-17" to be Annexed to the City and Ordering annexation to the City without Public bearing as Provided by Law". Res. 2043 (b) Resolution No. 2043 : "A Resolution of the City Council of the legend City of Cupertino Adopting a Select System of City Streets". ^uicipal (c) Acceptance of municipal improvements in conjunction with the -arc ements following project : Tract 4735 - Somerset Square (Ditz-Crane) Consent It uas moved by Councilman Fitzgerald ti.at the Consent Calendar be Calendar approved, it was seconded by Councilman Green and unanimously passed. approved Report of Officers City Staff title It was moved by Councilman Green, seconded by Councilman Frolich and approved unanimously passed that the title, "Cupertino Scene" be used on the magazine cover as recommended by the Acting City Manager. water As a poi-.` .of information, fir. Ryder brought up the fact that all unpaid hill and uncollectible accounts held by the Water Department will be turned action over to a collection agency, in the future, if not paid after a 90-day period. A letter was recently received by Mr. Ryder from Mr. Blessing indicating additional that at the time the costs were originally submitted for the Cupertino sculpture Plaza sculpture work, the pre-cast tree bases had not been included. costs The total cost for the 74 bases would be approximately $3,700. Mr. Ryder requested authorization from the Council to negotiate with the sculptor on this additional fee. • Minutes of City Council, August 3, 1970 CC•--55 Page 11 Report of Officers (continued) It arras moved by Councilman Frolich, seconded by Councilman Fitzgerald negotiations and unanimously passed that Mr. Ryder be authorized to negotiate with authorized the sculptor for the pre-cast tree bases. Air. Ryder requested approval from the Council for payment to be made initial in the amount of $5,000, as sat forth in the original agreement with payment Air. Blessing, which was to have been payable upon the signing of the requested contract for the sculpture work. It was moved by Councilman Frolich, seconded by Councilman Fitzgerald payment end unanimously passed that `:r. Ryder be given approval to forward said approved amount of $5,000 as previously agreed. Ayes: Councilman Frolich, Fitzgerald, Noel, Green, Mayor Stokes Noes: Done. Absent: None. Mr. Yarborough, Director of Public Works, show,�d a map upon which were water indicated various water projects and requested authorization from the project Council to complete through Phase 2 of the 0rerating Water System which authoriz- is approximately one-third of the total plan proposed. tion requested It F :s moved by Councilman ::oel that authorization `,e given for the completion through Phase 2 of the deficiencv report on the water auth. system, it was seconded by Councilman Frolich and unanimously passed. a p p r o v ed Recognition by MSjyor of :ion-agenda Items Councilman Fitzgerald suggested that the Mayor menton two applications recently voted upon by the County Planning Commission at the Inter-City applica- Council Meeting on Thursday evening as part of the items to be brought Lions up before the Board of Supervisory on August 12, 1970. mentioned Councilman Frolich expressed his appreciation for the plaque recently apprecia- presented to him. tion shown I Councilman Fitzgerald inquired if the overnight and out-of-town recrea- tional activities hae been cancelled, to which Parks and Recreation Director Parham responded this is only a temporary situation and a activities new system is presently being adopted by which the City Manager is disc;:ssed advised of all activities proposed by the Recreation Department and these are to be approved before any final plans are to be made. Councilman Frolich wondered about the supervision of children and supervision suggested arrangements be made by the Council to certify adequate ques:ioned supervision of all outings. Mr. Parham said that there is, on the average, one leader for every six adequate children on these overnight outings and one leader for twelve partici- leaders pants on other excursions. e 12 Minutes of the City Council, August 3. 1970 CC-55 Recognition by Mayor of Non-agenda items Councilman Fitzgerald commented on some children being late in return- ing from out-of-town excursions. He continued by saying there had plaints b�aen ten very irate parents wondering what had happened to their `medicated children after one of these outings and felt, personally., a te4pon- sibie leader would have called and notified the office of any delay. Mr. Parham replied that on the particular evening in question there ;ezception was no one in'the office and that this is an unusual situation. He noted said ordinarily there is always someone kiting in the office tur ary Iemergency calls that might occur. discussion i Councilman Green suggested a discussion between the City Council and suggested :r. Parham might be useful relating to the programs and use of the parks and recreation facilities. T e Mo vor remarked that all programs of the Parks and Recreation Department should be reviewed at a joint meeting of the City Council, 3^int -eetirg� the Parks and Recreation Department Director and the City Manager. He ;:iscussed said all overnight activities are to be cancelled until this meeting is held and requests for out-of-town excursions are to be submitted to t :e City Manager for review and approval. i j "ayor Stokes indicated that discussions have been held between 14r. Ryder nersr,n.;cl and himself as to a personnel system for the Cite of Cupertino and systt- SC'1C`= ! Su'gQ£sced that a stud be un dertal;en o the possibility of adopting ,ec } a _=ersonnel Code for the City. He then appointed Councilman Noel and Councilman Green as a Ccancil Sub-co--:_tee to prep-ire a report on this .-_ter T:hich is not to include imule:-entation Lnti1 appointment of a i n:e:. CiL_1 `:ana�_--�:r has taa.en Mace. T{his Sub-cotn:.ittee also is to re:tie.: the retainer `or the City Attcrney and submit re com.riendations For _i new resolution. Ad1 ou rnment It was moved by Councilman F'rcli.ch, seconded by Councilman Green and meeting i unanimously passed that the rneeting be adjourned, _dj ourned The meeting .:as adjourned at 10:45 p.m. APPROVED: Is/ r'TY n Stnk&,_Q Mayor, City of Cupertino ATTEST: /s/ W:n. E. Ryder ' City Clerk O� 7��E�si CITY OF CUPERTINO 10300 TORRE AVENUE • CUPERTINO.CAL104141101A 06014 OFFICE OF THE CITY MANAGER TE6rPHOWE 2S2.4606 July 8, 1971 Mr. William W. Hedley, Jr. 346 East Campbell Avenue Campbell, California 95008 Dear Mr. Hedley: I am in receipt of your letter of July 2 requesting appearance be- fore the Council and have tentatively set September 6 as the date for this appearance. I would suggest that you summarize the backup material you have on this matter in a chronological pattern and send this information to us by no later than the Thursday preceding the September 6 meeting so that this matter can be sent out to the City Council with their agenda packet. Sincerely, CITY OF CUPERTIN' Robert W. Quinlan City Manager RWQ/bd CC: David. H. Adams, City Attorney Wm. E. Ryder, Dir. Administrative Services✓" s YAC .b�i.,r,�. t' t March 18, 1971 Mr. David L. Adams Attorney at Lair Community bank Building 111 W. Saint John San Jose, California 95110 Dear Drive, While you were in my office at one of our staff meetings I made men- cion of a possible claim against City for professional services reac t-reu ;.} 111r. 'ledIRy. Attached :iereto is the letter along Witt. the stateti:eet for the services aric information that Mr. Rydcr obtain- ed fOr us to �i., you t.'c:e total picture regardini, tilt City 's relation- ship. Albo attach-Ed 'hereto is the contract between the City and ;:r. Heuley for your perusal. Sincerely, CITY OF UPERTINO dobert W. Quinlan City Manager RWQ/bd Lncis. CITY OF CUPERTINO w� 10300 TORRE AVENUE • CUPERTINO, CALIFORNIA 95014 �:fe •. .+~ °r:na o�o• OFFICE OF THE CITY MANAGER TELEPHONE 252-450S March 18, 1971 Mr. William W. Hedley, Jr. Architect A.Z.A. 346 E. Campbell Avenue Campbell, California 95008 Dear Mr. Hedley: Thank you for your letter of Y rch 15 re, arding your work with the City. There apparently is so;:.c z_:isucccrstandin5 re,:z�rdling the temporary cancel- ling of your services. 1 am, therefore, referring your letter along with the statement for services to our City Arrorney for his review concerning this matter. I will advise you as soon as possible the staff's position concerning your request. Sincerely, CITY OF CUPERTINO Robert W. Quinlan City Manager RWQ/bd the office of WI "LLI A, W N7V- ]-3EI) I.. EY Jn . R C f$ Z Ir E C Z' EL i a LLT`C2:31 e:c:LS • WM. W. MEDLEY JR. TED SIESLPT MORRIS STARK March 15, 1971 off ice • Mr. Robert Quinland 346 CAST CAMPBELL AVE. City Manager CAMPBELL. CALIF. 95008 City of Cupertino 10300 Torre Avenue te1.,i�:�on Cupertino, California 95014 40E i. -'7404 Dear Mr. Quinland: Enclosed is a statement for the balance due on my architectural services to date for the Cupertino Community Center. I was in— formed by your secretary that further work on this project has been temporarily cancelled. We have working drawings 40% complete and, as is our policy, these documents will be stored in this office. In the event that you wish to continue with the project at some future date we will have these drawings available for completion. In accordance with the terms of the contract agreement, payment of this statement will pay the account in full for the work performed. I had requested an interview with you through your secretary but have been mable to secure a time. I would still be happy to meet with you some time, at your convenience, if you would care to review this project. I am still hopeful that the project will be completed for I believe it would serve a community need and be an architectural asset to your town. It has been a pleasure to work with your City Council and Parks Department staff and I am looking forward to the oppor— tunity of meeting with you personally sometime in the future, Yours very truly, William W. Hedley, Jr. WWii:em ; MEMBER OF THE AMERICAN INSTITUTE OF ARCHITECTS 0 • the offiee of A, R C H I T E C rr i a c�.r•ch5tec�s e WN. W. 4FOLZ! JR. TEO SIEaE:' MORRIS EIAC.. March 15, 1971 316 f�ST ZluPocU AVE• City of Cupertino C A.M PP.'_..; ZA::F. 55006 Attn: Mr. Robert Quinland, City Manager, 10300 Torre Avenue 4D9 i Cupertino, California -;s FOR PROFFSSZONAI, SERVICES: Project: Cupertino Community Center Bldg. , 70-272 Cupertino, California Architectural Agreement datid 2/Lot'-0 Estimated construction cost 83'•'5,000.00 Architectural Fee @9.4 36,190.00 Work completed to date: 40% of Working Drawings (51% of total fee) S 18o457.00 Less previous payments 12 667.01) Balance due 8 5,790.00 * $1881.68 was paid in addition to the amount of 12,667.00 in payment of the Scale Model which was a separate agreement and not part of this contract. MEMBER OF THE AMERICAN INSTITUTE OF ARCHITECTS t l I of f' i of WILL ? Al`•/S VV. 11 H; 1D I, IB 7T I--, C" m 1 171 F-1 WM September 15, 1970 City c f ru ne r t i no 10300 Torre Aven!le !'ro.-vc t Ci.,y-orti,io Cw Centvr 26 1 12.0 -17 ey,I;i l S' es" fr;.-ne is Due this b i 11,i - - - - - - - - - - - - - - - - - - fps A: MEMBER OF THE AMLRIrAN INSTITUTE 0' ARCHITECTS t 1-1 F F i C_- !R_ C M T 7r IE; C August 69 1970 City of Cupertino 10300 Torre Avenue Cupertino, Cal-Ai.;'ornia Project: Cur)ertinc Commurizy Center Llldg. 'i G-2 7J 2 GuGertl­,O , \.,a I i f c T:­ CIIC7 (cc,rrect-, Progress 1"'A-11in- 7 Estiria-:.ed cc _:t 36, lcolmplel'e�, to 000. Less credit 171�:_ . Total Fee due this date 7, IP62. -I C! Printin-, to date 22. .11 Less credit Payments 0 - Total payinaent- due this date w 7,984-4-1 _11ork completed beyond the preliminary stage is rot being billed at this time. A ME14HER OF INE AMURICAN INSTIluli: OF ARG"M(ITS t 1-1 ka s> fficcc of A JR July 29, 1970 Mr. Willia«.i E. Ryder Acting City Manager City of Cupertino ,.V_-!Lj ..f. 10300 Torre Avenue Cupertino, California Dear Yx. Ryder: I have been notified today by Mr. John Parham that we shoulJ stop work on the Contract Dravrin;s for the Cuperti,,o Community (,enter. He also indicated t1rat he had been infor^:ed that we have not received fornal ap- proval of cur Preliminary Dra::rin-,s. This came as a surprise to me since it was my unders`anjing t::at t .e meetin:; :v th the ;;o:,ncil on Jul_: c, 1970 :oas to cre._en;; the finiso.ed Preliminary Drativi-:-s for approval. tifter that presentation the Council, to my recollection, Made no adverse co,=,ents aUout the prcject and seemea plea3ed wit:: tie design. As directed at that time, we of tained a pricy for the preparation of a model and received ap- proval to have it made. 'Ke have reviewed various steps of our progress into Con- tract Documents with the City Staff and on July o, 1970 we requested, by mil, a soils report and site surrey for our use in the development of Contract Drawin; s. Through all these steps no one has indicated thAat we were not authorized to proceed as we understood we were. We are approxir:iately 35 - 40� complete with. regard to working drawir,�s. We mould appreciate being placed on the agenda of the next council meeting, on August 3, 1970, for discussion and clarification of our position in the matter. Thank you for your consideration of this. Please call if we can answer any further questions on the matter. Very truly yours, William W. Hedley, Jr. , 4- 4 WWH:em MEMBER Of THE AMERICAN INSTITUTE OF ARCHITECTS July 22 , 1970 Mr. Wm. W. Hedley, Jr. Architect Assoc. 346 E . Campbell Avenue Camp'--ell , California 95008 Lear sir. heule" : +tt its meetino of J'.:ly' 20 , 19-10 q!e City 'Comicil 2iit'1 r' iZe-� me to have you proceea with the construction of Scale mouel of t ic I'` ,' SrC' uvu.uU;.1,L)" Ei.ti'a L'..i1•_....,5 As uiscussei. wit . Scrris `t. ? 1: ., t.:".is ';;c-cl 1.3 be $ one- sixteenti- scale , c.r-proxim, tee cost woo Ia Le L C t 1 . S _ a:.d S Z e C:U.?'. tatt 3: 10:{1` 't i IT' . rCC S . t✓ JC .3S C.-.:.'tag Div .o s,2. 1..1.e I f� ..'T,1. ._.. rix l'K � D J t ✓CC_auSe .I al-._Sca- 1 . s _ � _ t)CSLI Li:1S Ll.iic , 3t ®.__ �ii: _. ?� .' '� - _ ..ter �.. _: •t_.I, ;•C' '�1. : want a '_rZ;-'!C a!:'_. LO`l_r?. - r "IS : dy T" 1 btoul—i F. . T_ �i it i _ _ ��._ t:.1s az quickly as rroSSlr"lv, i V:i�. .. _.it �`;Y G;i "St1GiiS please tic PC'i .,esit.:tc s "al l t s �fl _ C -T __ . _ . Wm. L l,vcjPr Acting City ?-tanager WER :es cc : Parks & Recreation Director the of c±r+ of PI $.eI.JI .A. W "VIIr. EiIEIDLeE; Y' JR . 2;L c H x •r E c or �. e'At'�?li1Ll`�^ig s July 69 1970 TEE.glebe'r ee0�915 biAa fir. b°illi�•r� E. i'�-cicr Acting City Mai j;t;•er • City of Cupc_a tir2u M. 11&%1 fta Ole!LL I11 10300 Torre Aveime ea4rccc:�. oaf°. „cen Cupertino, California 931)1',, Subject: Cupertirno Community Center 70-272 tcler�?zo_: . Proper, Sw-%-cr 418. �Tv-Tara Dear Mr. llyder: We have, as you c:: k/2ow, prcr.i;.•c(i pi-el t inar•c- l,hins, -peci.`.icaiio jz and cor,t c�tiui('_e for Ue abo:"t pT:+.j1t�d Ll 1:. i72C1L':2:.4:' T:Utrs� r'%t} IllC : _ botuid:tr'.: Ual lisl2'1zCJI)1.` t�;t„i --o- Z of pVCp.'r+:(1 1L »v= adequate for l�rcli.-z2lc:r} i� rro_c-. At this t.i::c, 12o.:erer, -;e az c _tret,rir i„� to -Cart col,tz=:eL ('. ,r w eI1 and h-111 necd Lore <^?.;tCt and f_rs LO L'ULC daLci. ^ h012.1.(1 frarnisbin, of the 1. A complete Fur:•ev. •.:i,ich zhu;ild include the r- -:red loc.2+.i of Mar:- Sireet, _-I' nlul:o>ed �<7.d%::i:2�5 or 1- -- Stevens Crc ek l:oc.t._ :+(: rl. if .tlr:, and all t:j1_,i }ie dat-a _-- lined in sub par•:i_r':iph 2.3 of o11. tJ:1?lCr��iLC£22LCCi =i �I*42 a'... 2. A Soils Report, irc_t:dir2_ boril2_= .It the indic%itcd loc,241-ir:- on the enclo-ed .'ite Plan pri:,r, Foil bearin.- — :e anal:=__ and recoms:2eiid.iriui- af2ii recon.'M i:dc(i pavin'T deli'-!,. Our Szr - tural Digincer, Duna id it. Jame, zhould be coz:_,Acted by t:: Soils Eutineer -with re_ltrd to equivalent fluid pressure d..-. on the deck iowidation. The lead time on these two itcos someiines runs from two to four ace{.T so it would be u-i-e to initiate t!1_m as soon .is possii)le. F'ootin, c1L-_gin cannot be done witil the Soils Report is received and plurnl,in,, iiu,ti site design, storm drain, etc. depends on the complete Surrey. If you wish recommendations on firms doing this work-, or if you have other questions please contact us. Amrs truly, Lit Etorris A. Starts, Architect Me Office of Wo. W. Medley, Jr., Architect I"s on *as Donald R, Juwse, Civil Segineer 6194owl oT Tot woeaoeeeee INSTITUTE os waeeeeteeTs ".. t III (7� C> Vfi C) f tip' I .E_ IA: -\77_ I-iY_� DLI-D -Y� Ji fi t;. C3 i-?` is `1' b - Jill - I, 1970 City of Cuperi:ino 10'300 Torre Avenue Culler•i ino, (<.1 l'onda � _5i1tIlI.LVf1 �II'. 1�i31�.111 �i. �GOT[It, city Na?� Ua�e2' Pj-t1.;,=CL: G.,p •7'Lino Co1mv-d-Ly Celli '7` l0-h 6 2 `Ci14':::i t 1C Ti"�� ir1: .T'.f]F1�:�• - 1�{r ?: c;lli f f-i.:: .! -?+_r1•ue.mem da—Led 1 ,-t . .I \- It;,, 1(;—+) L�i 1 tIIrtI(_A cool`t vu(;(Ja tell C t•. i _ j`i_),O')(ice U(} Ai-chituctm,at Fee L )0. 4..0',.0 Due lii=. Milin- — — — — — — — — — — — — — — — — _ n jA FI#MltLR Of IHE PMERICAN INSIIYUYL Or ANCHIILCTS Apri 1 23, 19'7O City of Cupertine 103D0 Terre Avenue Cupertino, California 95014 Attentions Mr,. Philip Storm, City !Manager zaab ject s Cupertino Casasoni ty Center Building hear Mr. :Aorms This letter is to update your office on the progres to date in the development of architectural drawings for the new Cupertino Css:sesity Center 3uilding. I have 4eea working closely with Mr. Parham .and his staff in the development of a specific program and this work has been completed. Mis program includes a room by room set of requirements "or the new building, including proposed utilities in each room, special requirements for storage, etc. `!r. Parham, and his assistant, and myself an .:ori: -9, 1970 toured three newly completed comparable facilities, one each in the towns of Newark, yen Msteo and Palo Alto. In each case, we made an inspection of the facilities jointly with a representative of the recreation department and were given comments regarding various aspects of the facility that were both good and bad for oi;r consideration in the planning of the nee► Cupertino Building. I have requested from Mr. Parham inforffiation regarding site data, and have received thus far a site plan, showing the boundary dimensions os the site, and a second site plan, ahovsing the general topography. We thus far, have been unable to obtain a copy of the meater plan as prepared by the Lmd*cape Architect working on the total park site development. Mr. Parham has been in contact with the t.sndscape Architect's office. evidently on more than one occassion, but has been unable to get the required information, as the partner handling this project bas been out of the country. 1 an unable to start preliminary drawings without this information, since the location of the building and its orientation on the site will be critical factor* in the design of the building* since it In-wolves sum camtrol and various exposures to wind conditions and the aeatetic relationabip of the building to the total park eaat,tiog. I an anxious to start on this project, and I hope that Mr. Parham will be able to obtain these rtseessaary documents in the near future. Very truly yours, William W. Hadley, Jr. ban cc Jehm Pnrbam Y - . i THE A�IERiCAN INSTITUTE OF ARCHITECTS a 1 I AAA Document 6731 Siandard Form ®f Agreement Between Owner and Architect on a basis of a E PERCENTAGE OF CONSTRUCTION COST AGREEMENT made this 16t.h day of February in the year of Nineteen Hundred and Seventy BETWEEN City of Cupertino the Owner,and William W. Hedley, Jr. the Architect. It is the intention of the Owner to build a Community Center in the City of Cupertino hereinafter referred to as the Project. The Owner and the Architect agree as set forth below. AIA DOCUMENT 6131 • OWNER-ARCHITECT AGREEMENT . SEPTEMBER 1466 EDITION• A'A0 ©THE AMERICAN INSTITUTE Of ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASIIINGTON,D.C.2fl006 JUNE 1%7 PRINTING • SUBPARAGRAPH 5.1.1 REVISED !!if •fit'( 14Ht< T h.dl provide proie.,',,roi ,Pry a E:•; for the Pro)ect in accordance with the Term- Ind Agreement ) 1 tl t!li r?11 i h hall (rtmpe n,:ate t'u h0f,k t, In a((nrdanc e= with the Terms and Conditions of s 1C )k III! ik( 111M 7'C B/61C SIRV'l( 15, &, dr-,rr(hed :n Parag;aph 1.1, a Basic Fee computed rfir` I�,lkr;v(ni percent g(`s (it the ( nm,4rwlurn (_oo, as der'(ned in Article 3, for portion, of t"tf, 1'x—e(i t,) he a%%arded under \ SUputared Sant Contrat_t per Cent [ 9.4%. ',iv,t(,tte Stlpst{atcd Sum Contract, per cent ' %I :A t,"f ( [),t Pluti i ec, 1`crn,Iraf I vier cent f %t �t'I:,• .�:[, ( :,mot Plu4 fie Contra[tt 1;^r cent %I h ]OR 1!Il 1R(111TECT'S A0V)71 )VAL �fYt'iCfS, as de--�rribed ,r1 Paragraph i.i, a fee con-mitPH I:rn,, at the fixer! rile OI Twenty dollars tS 2q.00 t,t'( i"-ur for thc' purpo4c•s of Ow, Agreement,the Prtncipaf, arrt: William W. Hedley, Jr. ' r'.r.(ornputed at a mu4ltple cl Two point Fite r 2.5 Oirect Per,onnel Expense as H- ned in - ,.r(e 4. \[lr;:'. :' .r•• r a ui nrfl2e«tURdl cr)n,ultant,,enti32,',1 'r)r ' norrnal ,tructtural, me- One point One 1.1 flu", Ow amoun, b(fled to the -t)(h additional l r)R l i f ?F,r ')I7fr RFl!,t RtA-.'l F EaPf_,ti"SES. amr;�,nt eYr,--d,d a: defined in A-i(le S_ OF PAYS E%Tj "nail br , described in Article b. gi 1 f AIA DOCUMENT 6131 Ul'.,.EE <r,7r,'A8EK 1966 WITION • AIAC '.1 111S 'i. rE OF AK(h.,Er'. .{\; 'i�)f� ?\S\ ._ V,',1tiA5NINGTO%� D.C. 2"J6 It `%f 19E>" PRINTING • SUBPARAGRAPH 3.1.1 MISEO WIN— ! TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 obtaining bids or negotiated proposals, and in awarding and preparing construction contracts- ARCHITECT'S SERVICES CONSTRUCTION PHASE—ADMINISTRATION Of THE CONSTRUCTION CONTRACT 1.1 BASIC SEReneES 1.1.10 The Construction Phase will commence with the The Architect's Basic Services consist of the five award of the Construction Contract and will terminate pt.ases described below and include normal strut- when final payment is made by the Owner to the Con- tural, mechanical and eleorical engineering services. tractor. 1.1.11 The Architect shall provide Administration of the SCHEMATIC DESN.;N 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, AIA 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 Schematic Design sibilities and the limitations of his authority as assigned Studies consisting of drawirgs and other documents illus- thereunder shall not be modified % ithout his written trating the scale and relationship of Project components consent, for approval by the O.+ner. 1.1.12 The Architect_ as the representatr.e of the Owner 1.1.3 The Architect sha!I submit to thn Owner a State- during the Construction Phase. shall ad.ii e and consul-,. ment of Probable Construction Cost based on current .%ith the O.+ner and a!' of the Ov.ner•s instructions to the area, volume or other unit costs. Contractor shall be i­ued through the Architect. The Architect shall ha.e authority to act on behalf of the O.vner to the extent pro.id%d in the General Conditions DESIGN DEVELOPMENT PHASE unless other,ise modified in 1.1.4 The Architect shall prepare from the appr(-.,.ed 1.1.13 The Architect ,hall at all times ha.e access tr, Schematic_ )f--iqn Swdie,, for approval by the Owner the the Work)i%here.er it i. in preparation or progres,- Design De•.elopment Document, consisting of dra..ings and othe- _`ocument, to fix and describe the size and 1 The Architect ,hall make periodic visits to the character he cn:+re Project as to structural. mechani- sIte te ?to o famiLarize himsclt enerall. with the progress and cal and e -c--:cal s,­,om, materials and such other essen- quality of the Work and to determine In general if the tials as ma. be appropriate_ Work is proceeding in accordance .with the Contract Doc- uments. On the basis of his on-sits: ob,ernations as an 1.1.5 The Architect `ha l ,ubmit to the Owner a turther ,Architect, he shall endea.or to guard the O.+ner again- Statement of Probable Construction. Cost. defects and defioenue� in the Work of the Contractor. The Architect shall rr�, I `• - quired to make exhausti.e CONSTRUCTION DOCUMENTS PHASE or continuous on-site inspections to check the quality or 1.1.6 The Architec t ,hat prepare from the appro.ed De- quantity of the Work. The Architect shall not be respon- sign De.e'r>pment Document- for approval by the Own- Bible for construction means, methods, techniques, se- er, Works,^2 Dra..ing, and 1,pecificatrvns setting forth in quences or procedures, or for safety precautions and detail the requiremen?�, for iihe comtruction of the entire program, in connection .ioh the Work,, and he shall no- Project ir.c idlnr, ?he nece—an bidding information. and he responsible for the Contractor's failure to carry out the shall a—i-, n the p eparation of bidding torms, the Con- \,fork in accordance ..nth the Contract Documents. dinon. of ^e Contract, and the form of Agreement be- 1.1.15 Sa,ed on such obser.ations at the site and on the t.+een the Owner and the Contractor. Contractor's Applications for Payment, the Architect shall 1.1.7 The A-chitect hall advise the Owner of any ad- determine the amount owing to the Contractor and shall justment< :(% pre join ,tatcments of Probable Construction issue Certificates for Payment in such amounts. The is- Cost indicated by (hinges in requirements or general nuance of a Certificate for Payment shall constitute a rep- market cf;ndiuom. resentation by the Architect to the O.vn,�r, based on the 1.1.8 The .architect shall assist the Owner n filing the Architect"s observations at the site as provided in Sub- required document, for the approval of governmental paragraph 1.1.14 and on the data comprising the Appli- autharitie> haying jurisdiction over the Project. cation for Payment, ti-at 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 Documents (subject to 1.1.9 Tl-=r- Architect tollosing the Owner's approval of an evaluation of the Work as a functioning .whole upon the C ,n-._, t,on Do(uments and of the latest Statement Substantial Completion, to the results of any subsequent of :(,bab;e Construction Cost, shall assist the Owner in tests required by the Contract Documents. to minor AIA DOCUMENT BI31 • U1.'.-R-.ARCHIT CT AGRE.E..1E'sT • SEPTEMBER 196B ImlioN • AIA$ 3 EttE AvEk_;% INSTiTL It. (If �,,;IHITECTS, 1:35♦E.w YORK AVENUE,N w,%AASHING70N,D C TUNE 14*7 PRINTING • SUBPARAGRAPH i.1.1 REVISED de%tations from the Contract Documents correctable Owner against defects in the Work, but the furnishing of prior to completion, and to any specific qualifications such project representation shall not make the Architect stated in the Certificate for Payment!: and that the Con- responsible for the Contracto%s failure to perform the tractor is entitled to payment in the amount certified. By Work in accordance with the Contract Documents. issuing a Certificate for Payment, t11e Architect shall not be deemed to represent that he has made any examina- 1.3 ADIDItTIONAE SINVI S tion to ascertain how, and for what purpose the Contrac- The following services are not covered in Paragraphs for has used the moneys 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 tirst instance, the the Owner as hereinbeiore provided. interpreter of the requirements of the Contract Docu- 1.31 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 Contraaer. The Architect ,hall make decision,- on all claims of the Os+ner or Con- 1.3.2 Prop iding financial feasibility or other special tractor relating to the execution and progress of the 1'rork studies. and on all other matters or questions related thereto. 1,3.3 Pro>iding planning sunevs, site ei�alualions, or The Architect's decisions in matters relating to artistic comparative studies of prospective sites. effect shall be final if consistent with the intent of the Co^.tract. Documents. 1.3.4 Making measured drat%ings of existing construc- 1.1.17 The Architect shall have authority to reject Work. Lion when required for planning additions or alterations :+h ch does not conform to the Contract Documents The ihe:eto. A• hiiect shall also have authority to require the Contrac- 1.35 Revising, prev,ou,h. approvers Dra%%ings. Spermra- 'o• :o -Ion the 1%orl, -,,henever in h;, r,^a,onable opinion Dons or other document, to accomnli,h chance, not iniU- .t Tav he necessan for the proper prprimmance of the ated by the Arc illect_ C: - ac2 The Architect c,ha;! not he liable to the Owner 1.3.6 Preparing Chanve Order, and supporting data TO- the con,equence, of am c'ec,suin m,,de b. him in where the ,flange in the Biqa, ree re-ultng From the al,- co d faith either to em ro,e or not io exerci,(_- hi, author- ju-t(•d Contract Sum i, not roninien-urate iiih the -Nr0-, :'v to ,top the Wm k. 1ec 1 , see ice, required_ 1.1.18 The ch1'ec' sha!i c cv, .and approve shop 1.3.7 Preparing dlxument, -,or alternate bid, requf­,ed d wing:, samples, and other submissions of the Contrac !A the Outer. for contormome .%i+ de,iizn concept of the t , ect and for compliance +i h the inioralation gi%en 1.3.8 Pro-,idin,i: Detailed f,timaie, of ( on,truoic,n :n ;^e Contract Documents. C(.,I, 1.1.19 The Architect -hall prepare Chancre Order;. 1.3.9 Providing con,ulLVII)n concrjning replacement w 1.1.20 The 1hall conduct in,pections to de- am %%ork darna.;ec; by urF or other r u,e dories con,iruc to �.ne the Dale, 01 Sub�tantial Completion and Final tion, and furnishing professional ,en is e, of the tv ne set C,' ,—n etion hal'. re((-i%e %N,luen guaranlee, and related forth in Parai,raph 1.1 a, tea\ be required in connection roc`.:.:^gent, ,a„emh'?d by the Contrac tor. and shall issue a %%ith the replacement of ,uch �1-ork. CerL .oa1c for Pa%meni 1.3.10 Providing prole• i(mal ,m ice' made ne(c'„ar. 1.1.21 The Architect shalt not be re,pon,,ible for the by the demult of the Contractor in the performance of the ac`s or wnis ion of the Contractor. or am Subcontractors, Construction Contract. L` anv of the Contraoi lr', or Subcontrac tors' agent, or 1 3 11 Prov idinn, Contract Administration and ob,en a- e•--ni.i\(,(,, or am other per,on, performing an%, ()f the tion of con,truct,cn after the Contra(l Time has been c-x- ��'' (ceded by more than tv,ent per cent through no fault 1.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES of the An hiteo. 1.2.1 It more exten,ive representation at the site than 1.3.12 Furnishing the Ov+nee a set of reproducible rec- d o;ri print, of drauin.g, ,booing ,ignif�cant change made e-nilved under Suhparagraphs -1.1-10 through 1.1.21 , v e i- required and it the Owner and Architect agree, during the con,Iniction proce,s. haled ,-n mart ed up arc bite<1 halt peen ode one or more Full-time Project print drawincs and other data turni,hed l , the Contra c re:: e-entatives to as,-ist the -\rchitect- ter to the Architect. 1.2.2 Such Full-time Protect Representatives shall be 1 3 13 Providing sery ices titter final p.ii ment to the ,e ected errlploved and directed by the Architect, and the Contractor. i�,lect ,hall he compensated theretor as mutualk, r eed hetvveen the Owner and the Architect as set forth 1.3.14 Providing interior design and other senice, re- ,-I exhibit appended to thi, Agreement quired for or in connection with the selection of turni- 1.2.3 The duties re,pomibihlw, and limit,itions of au- lure and turni hing,. thorn of such full-time Project Repre,entat %es shall be 1.3.15 Providing senices a, an expert uitne„ in con- set forth in an exhibit appended to this Agreement. nection with any public hearing arbitration proceeding 1.2.4 Through the on-site observation, by full-time Prol- or the proceedings of a court of record. ect Representatives of the Work in progre,s, the Architect 1.3.16 Providin,ll enice, for planning tenant or rental ,t till encleav:or to provide further protection for the spaces. AI.A DOCUMENT e'131 - Ob.\f:R-Ak(ifiltc T l.t.R.;I%1F%', - ,[fli[.Mn[R -1-6 4 5 `•t 1'.tiR,C N% A5117C1E Or .AR01s1ECT5 1-35•.L1% 1ORA 1iL�iS, \1' wa r3!'.C,TC1� U C 3(K106 IL%1 11167 PRINTING - SUBPARAGRAPH 5.1.1 REVISED �c ARTIME 2 3.1.1 For completed Construction, the total cost of all such Work; THE OWNEIVS RESPONSHUIXIIES 3.1.2 For work not constructed, the lowest bona fide 2.1 The Owner shall provide full information regarding bid received frlmn a qualify bidder for any or all of such his rquimnents for the Project work; or 2.2 The Owr`er shall designate, when necessary, a nap- 3.1.3 For work for which bids are not received, (7) the rttative authorized to act in his behalf with refit to latest Detailed Cost Estimate, or l2t the Architect's latest the Project. The Owner or his representative shall exam- Statement of Probable Construction Cost. ine documents submitted by the Architect and shall vender decisions pertaining thereto promptly, to avoid 12 Construction Cost does not include the fees of the unreasonable delay in the progress of the Architect's Architect and consultants, the cost of the land. rights-of- WO& way, or other costs which are the responsibility of the Owner as provided in Paragraphs 2.3 through 2.6 inCIL- 23 The Owner shall furnish a certified land survey of the sive. 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 sha?' restrictions, easements, encroachments, zoning, deed re- be included in the Construction Cost at current marker 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 ?ha* buildings, other improvements and trees: and full infor used materials and equipment shall he included a, 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 24 The Owner shall furnish the services of a soils en- tailed Cost Estimates prepared by the Architect represc­ gineer, when such services are deemed necessary by his best judgment as a design professional laminar I+ the Architect, including reports, test borings, test pits, the construction :ndu>tn. it is recognized, howe%er tE_ soil bearing values and other necessary operation, for neither the Architect nor the O%%ner has am control o,e determining subsoil conditions. the cost of labor, materials or equipment, oxer the cn^- 2S The Owner shall furnish structural, mechanical, tractors' methods of determining hid prices, or over c,,^ chemical and other laboratory tests, inspections and re- pelitive bidding or market conda:ons. Accordmgl try ports as required by law or the Contract Documents Architect cannot and does not guarantee that bids %%ill , yarq from am Statement of Probable Construcliim C 2.6 The Owner shalt 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 Ccxlstruction Cc?st i� ester- - ascertain how or for what purposes the Contractor has lished as a condition of this ,Agreement, it shall include , used the moneys paid to him under the Construction bidding contingency of ten per cent unless an(,it--- Contraet. amount is agreed upon in �writing 11 hen sus h a fixed li;- is established, the Architect shall be permitted to detF 2.7 The services, information, surveys and reports re- mine what materials, equipment component system, a- quired by Paragraphs 2.3 through 2.6 inclusive shall be types of construction are to he included in the Conti furnished at the Owner's expense, and the Architect shall Documents, and to make reasonable adju-tmer.T• in V be entitled to rely upon the accuracy thereof. scope of the Project to bring it >%:thin the vxed limit T��- 2.8 If the Owner observes or otherwise becomes aware Architect may also include in the Contract Dorunie^- of any fault or defect in the Project or non-conformance alternate bids to adjust the fonstruction Cost to the .- with the Contract Documents, he shall give prompt writ- limit. ten notice thereof to the Architect. 3.5.1 It the lo%%est bona tide hid the Detailed Cott E•' 2.9 The Owner shall furnish information requires;of him mate or the statement of Pri,ti,:h'e Construction Cost i as expeditiously as necessary for the orderly progress of seeds such fixed limn of (onstruc tion Cost oncludin),r the Work. bidding corinnj;enc>,, e�iabl:shed a, a condition of t Agreement, tl-e 0%%ner shall 1, give v%r:tten appro%al an increase in such fixed limit, +2, authorize rebidd the Project w:','h.n a reasonable time, or (3) cooperate ARTICLE 3 revising the Project scope and quality as required to { duce the Probable Construction Cost. In the case of CONSTRUCTION COST the Architect, without. additional charge, shall mcxi,-:, the Drawings and Specifications as necessary to h-ir} tl-- 3.1 Construction Cost to be used as a basis for deter- Construction Cost within the fixed limit. the pro%idlrg r. mining the Architect's Fee for all Work designed or speci- this service shall be the limit of the Architect> respe n- fied by the Architect, including labor, materials, equip b:l:ty in this regard, and having done sit, the Arcf;of ment and furnishings, shall be determin.-d as follows. with shall be entitled to his tees in accordance w ch m precedence in the order listed: Agreement AIA DOCUMENT 3131 • OWNER-ARCHITECT AGREE kif%l + 5[P7f%A8(R 196e il)01 % •AIA@ Q THE AMERICAN INSTITUTE OF ARCHITECTS,i735 NEW PORK A\'i-VI;E N w D C a" IUNE 1967 WNTING • SUBPARAGRAPH 5-1.1 REVISED ARTIM 4 6.2 Payments for Additional Services of the Architect a<'• defined in Paragraph 1-3, and for Reimbursable Expen3es as defined in Article S, shall be made numthly upor, 4.1 Direct Personnel Expense of employees engaged on ptesei:tation of the Architect's statement of sevvices ren- the Project by the Architect includes architects, engineers, dered. esignem. job captains. draftsmen, specification writers 63 No deductions shall be made from the Architect's and Npistr, in coisultation, research and design, in pro- compensation on account of malty, li$uidata± dam- i4is"ne Drawings, Specifications and other documents per- ages, or other sums withheld from payments ro con- tae.:ir; to t K Project, and in semices during construction tractors. at the site. &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 ber•.efits such as statu- shall he paid his compensation for services performed tort'employee benefits, insurance, sick leave, holidays and prior to receipt of wrilten notice from the Owner of such vacations, pensions and simiiar benefits. suspension or abandonment, together with Reimbursable Expenses then due and all terminal expenses resulting ARTICLE S from such suspension or abandonment. REIMBURSABLE EXPENSES 3.1 Reimbur,.zble Expenses are in addition to the Fees iw Basic and Additional Services and include actual ex- ARTICLE 7 penditures made by the Architect, his employees. or h:- --- consultants in the interest of the Project for the following incidental expenses listed in the following Scbparagraphs: ARCHITECT'S ACCOUNTING RECORDS 5.1.1 Expense of lransportal,on and living when travel- Records of the Architect's [)erect Personnel. Consultant ing in connection with the Project and for long distance and Reimbursable fxpemes pertaining to the Project, and call- end 1­wam,. records of accc,unts betv,evn the Owner and the Con- 5.1.2 Expense of reproductions. posiage and handling of tractor^ shall he kept on a generally recognized accounting Dra%%ings .ind Speotication,. excluding copies for Archi- basis and shall be available to the Owner or his author- tects office• use and duplicate r.e-Is at each phase for ific ized repre,enian%e at mulualk comenient times. Owner's reviev% and apprmal and tees paid for ,ecurine approval of authorities haying jurisdiction over the Project. 5.1.3 If authorized in ads.ante by the Ovvner, the ex- pen,e of overtime %cork requiring higher than regular rate,: perspecti%e, or model, for the Ov,ner's use; anti ARTICLE F. tees of special consultants cur other than the normal struc- tural mechanical and electrical engineering services. TERMINATION Of AGREEMENT This Agicemcni nioc Ih It°rm n.+t:Y± ) e,lf:er j>arty up( ,even da',s ;+r:uri n+ '. {,arh %1 ARTICLE 6 sub t nt,,ili. ,,, { ";, f r.r ., lh it, tern^ lhro,ucil ncu v" t'^' lerminal-- PAYMENTS TO THE ARCHITECT the Arc 6.1 Payment, on auuunt of the Architect, Basic Sen- vwii:xmic. ice, ,hali he made a, follcncs: to 6.1.1 An initial pa?meni of foe per, cent of the fee calculated upon an .igreed e,iimaied cost of the Project, payable upon execution of thi Agreemc•ni is tht minimum pa\nieni under this Agreement_ 6.1.2 Subsequent p.i�nicnt, ,hall l-w made monthk in ARTICLE C proportion to sen ices performed to ins rea,e the compen- ,aiion for Basic Services to the iollo>%ing percentages of the Basic Fee at the completion of each phase c>t the OWNERSHIP Of DOCUMENTS i1 c>rk [)['.3;eing. ;end spec: Schematic Design Phase 1S arc'a nd ,ha" rrm.irn :^-e .t t, or the Arc'. ,tilt + :i•t`e Design Development Phase - 351/_ the Prorest for :xhxh thry air made i, ext-(,;'ed o- n < Construction Document, Phase 750,,: The\ are not to tie used ht the Owtn-r on oche, p7.01ec Bidding or Negotiation Phase 80°10 or e•stension- to thi, Prweo i•xcept bs awt*nient :n v, Construction Phase 1000 iniz and %%ith appropriate compensation to the A,chll,c• !:A OQ%Utu1ENT ®1711 OA�L✓i 1i;CHi'�e' 1c,�L[�t[�T tie flLt t[� t :,�:-:..�� 4A`A 6 �Hl: 1akKill> i\��iit:Tk C)f +.Cf t.:TLtTti ? t; ,.!11. li>iiA g1f�i.k ��� tti4,^ ♦t,':,♦ ftC ?tCKX, IUVE 1%7 PRINVING • SUBPARAGRAPh 5.1.1 RfVISED d9IMM 10 dispute or other nutter in question has arisen- In no e1rxfflt shall the demarW for arbitration be made after SUCCESSMS AND ASSWAS institution of legal or equitable proceedings based on The Owner and the Architect each binds himself, his such claim, dispute or other nutter in question would partners, successors, assigns and legal representatives to be barred by the applicable statute of limitations_ t 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 in anv 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 ARTIM 12 written consent of the other. — EXTENT OF ACREEMEW ARTICLE 11 This Agreement represents the entire and integrated ARBITRATI�AI agreement between the Owner and the Architect and supersedes all prior negcitiations, representations or 11.1 All claims, disputes and other matter, in question agreements, either written or oral. This Agreement mae arising out of, or relating to, this .Agreement or the be amended onh. bs v.-men ir,trurnent signed by both breach thereof shall be decided by arbitration in accord- Ow�rwr and Architect ante with the Construction Indusiry Arbitration Rules of the American Arbitration Association then obtaining. This agreement so to arbitrate shall be specifically enforceable KgE 13 under the presailing arbitration laws. APPLICASEE LAW 11.1 Notice of the demand for arbitration shall be filed In k.,r ting »ith the other part% to this Agreement and .e 'pet c-^. ihi: .Agreement :ha!i be %%ith the American Arbitration .-N—oclation. The demand c­eci hq !.,- �,, c+7 '^!• [ .r'.F:I>al j};dit 't' t'i r`r« f!t 't"r' .hail be made %�ithm a reasonable time after the ,Lahr c^ 'ei: AIA E)OCUMENT iS3/ C'f 4GREEHE%T • Sil"Imf f t 'y-. f:' 'ill%• AIA ik• 7 c 'tit AMERICAN 7NST1%1E Of 4RCWTfCTS. 1735 NEW VCMA AVENLI %w K4�H O C _100M, IL%t 1%7 PRI%TI%C • SUBPARAGRAPH SAA REVISED f - y, I t Th,: ,31rEerT eni executed t`e day and yed�r first w ritten abo°. ARCHITECT (jmAtcu.- w Arch.,tect s Registration %0. C�2713 _ATTLST : City Clerk ly AIA DOCUMENT 18181 • O f R-ARCHITECT AGRL L M I.i SE PT1;M8fR 966 EDIT 1O` •A I A 8 CS,THE VAERICA% tWSTITI.ITE Of ARCHITECTS 1-35%EW'YORK.AVENUE. N W KACHtNGTO'V. D C 2(OX TUNE 1%7 /81NTII+G • SVBPAItAGRAPH S.1.1 REVISED