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CC 03-11-65C I T Y O F C U P E R T I N 0 Ca.lifor:°nia 10321 South. Saratoga -Sunnyvale Road Cupertino, Calif., 95014 PH: 252-4505 MINUTES OF THE ADJOURNED REGULAR COUNCIL MEETING Time: March 11, 1965 - 8:oo P,M. Place: 10300 Vista Drive, Cupertino I ROLL CALL: Councilmen Present: Fitzgerald, Noel, Dempster (Mayor Pro Tem) Councilmen Absent: Stokes, Finch Staff Present: City Manager City Clerk II Moved by Councilman Fitzgerald, second by Councilman Noel, that Resolution No. 1072 be adopted authorizing agreement with the State Department of Finance for a population estimate. III Meeting adjourned at 8:03 in order to visit the office of the City Hall architect at 1554 The Alameda, San Jose. Councilman Stokes was present at the Architect's office. Council discussed further details of the City Hall with Mr. Blessing including materials to be used in the construction, the orientation of the building plus the plan and construction schedule. The Council then returned to the regular place of meeting, the Board Room of the Cupertino School Administration office at 10300 Vista Drive and reconvened the Council meeting at 9: 37 P.M. IV Discussion centered on the execution of a contract and the time schedule in particular, Councilman Stokes proposed that a liquidated damage clause be inserted into the contract. Mr. Blessing explained his working schedule, as follows: It will take him one month to get his plans and drawings ready and one month each for each of four consultants. Then one additional month will be required to tie the plans together. This makes a total of six months and Mr. Blessing stated that a project of this type should not be tried in less than six months. He described it as too important and unreasonable to rush in the attempt to save a few days. In the long run this would not prove economical. Considerable data needs to be secured and determined, surveys and studies completed before the plans can be finalized, He added that he has never heard of a liquidated damage clause in an architect's contract. However, he said that he is willing to sign such an agreement if the time period is reasonable. He suggested the Council consider 8 or 10 months if damages are to be included in the contract. He reiterated that his consultants do need a total of four months, - 1 - 05 Councilman Stokes said. that he 'is not trying to rush the a.rch_i_tect but rather is asking for the information necessary to determine the approximate completion date. It is necessary for the Council to know the answer to that question. He referred to the planning contract with Wilsey, Nam & Blair as an example of a project dragging on and on"until it became almost ridiculous, Councilman Stokes stated he .has no inten- tion to reduce the fee but only to secure completion according to a pre -arranged schedule, Mr. Blessing said that one month plus the six months heretofore stated should take care of an-7 contingencies. Moved by Councilman Stokes that the City of Cupertino sign the contract (dated November 16, 1964) for the preparation of the City Hall plans with a time limit of nine months being established and providing for liquidating damages of $25-00 per calendar day for every day thereafter counting from the execution of the con- tract to the date on which the plans are completed.and published for bidding, Seconded by Councilman Figzgeralda Motion carried, 4-0 Moved by Councilman Fitzgerald, second by Councilman Noel that Resolution No, 1071 be adopted authorizing the Mayor and the City Clerk to sign the agreement between the City and Architect dated November 16, 1,964. Motion carried, 4-0 Moved by Councilman Stokes, second by Councilman Noel that the meeting stand adjourned at 9:51 pm. So ordered. A TEST: C City Clerk APPROVED: Ls/ J. Robert Dempster Mayor, Pro Tem. - 2 - OF CUPERTINO Cal1fÙ;'!Ú8 10321 South Saratoga-SUnnyvale Road CUpertino, Cal1t., 95014 PH: ~2-4505 C I T Y ftURT~ OF THE ADJ'OURNEI> REGULAR COUNC:L MEETING ~: J3rch 11. 1965 .- 8: 00 P.M. l'lace: 10300 Viata Dr1.ve, CUpertino :r ~OLL CALL: COUnc11me!1 Present: F'1tzgerald. Noel. Dempster (Mayor Pro Tem) Councilmen Absent: Stokes, Pinch Staft Present: City Manager C1 ty Clerk XX Moved by Councilman ~tzgerald, second by Councllman Noel, that Resolution No. 1072 be adopted authol"1zing agreement with the State Department ot Finance for a population estimate. ¡XI Meeting Adjourned at 8:03 in order to vls1.t the of1"1ce of the Clty Hall arch1tect at 1554 The Alameda, San Jose. " " " " " " " Councilðan Stokes was present at the Architect's office. Counc11 discussed further details 01" the City Hall with loIr. Elesslng includjr~ ~aterials to be used in the construction, the orientatlon of the bu1ldin:; plus the plan and construct-10n schedule. The Cç~,cl1 then returned to the regular place 01" meeting, the Board ROOD of the Cupertino School AdC1in1stratlon o1"1"1~e at 10300 Vista Drile and re~onvenej the Council meetlng at 9:37 P.I,t. " " '. " " " " rJ D1scusslon centered ~n the e::ecution of a contract and the tlme schedule in particular. Councl:!.man Stokes rroposed that a l1.quldated damage clause be Inserted Into the c~ntraot. Mr. Blessing explained h1s working schedule, as follnws: It will take him one month to ge'; h1s plans and drawings ready and one month each tor each of tour consultants. Then one addltlonal month will be req~dred to tie the plans together. Th1s makes a total ,,:: six months and Mr. Blesslng stated that a project ot th1s ~;rpe should not be tried in less than six months. He deacr1~ed it as too 1mportant and unreasonable to rush in the attSipt to save a tew days. In the long run th1S would not prove eoonom1cal. Considerable data needs to be secured and determined. surveys and studies completed before the plans can be 1"1nal1zed. He added that he hab never heard ot a liquidated damage clause In an arch1tect's contraot. However. he said that he is willlng to dign such an agrcel~nt It tr.e tlce pe::-iOl\ ls reaEonable. He suggested the Cou:.cil conslo1er 8 or 10 months 1f dama&cs arc to be included In the cvntract. i~ reiterated that h1s consultants do need a total ot tcur ::IOnths. I - Cotmcl1man Stokes sa!d tl".at he is not try1r.g to ::'Us" thv architect but rather 1s asking for the information necessary to determine the appro~te completion date. It 1s necessary tor the Council to know the an3"~r to that que&t10n. He referred to the plarnûng cor:.tract with Wilsey. Ham &: Blair as an e~ple of' a proj~ct d~ng on !.I1d on unt:1.1 it became almost r1d1culòus. Counc1lDBn Stokes stated he baa no J.nten- t10n to reduce the tee but only to seC'lre completIon accord1ng to a pre-arranged achedule. 1Ir. Blessing said that one IIIOnth plus the aU IIIOnths heretof'ore stated should take care ot 8JQ' contingencies. JIoved by Counc1lJ1111.n Stokes that the City ot CUpert1no aign the contract (dated Novellber 16. 1964) for the preparaUon ot the City Hall plana with a time 11m1t or nine IIIOntha being estaòl1shed and prov1d1ng tor Uqu1dat1ng d"'-ges ot $25.00 per calendar day tor ever;y day thereafter counting from the executi.on ot the con- tract to the date on which the plans are coaapleted and publ1shed tor bidding. Seconded by Councilman F1g::gerald. Motior. ~arr1ed. 4-0 Moved by Councilman 11'ltzgerald. second by Counc1.l::Ian Noel that Resolution No. 1071 be adopted authorizing the YAyor and the City Clerk to sign the agreement between the C1ty and Architect dated Nove!!1ber 16. 1964. Motion carried, 4-0 Moved by Councilman Stokes. second by Councilman !!cel that the meeting st~.nd adjourned at 9:51 pm. So ordered. APPROVED: LsI J. Robel't Del!:t;ster Mayor, Pro Tem. iT: \<1.w-, C4-1U , / I - (lLt. ~ City Cleric