HomeMy WebLinkAboutTB-05/03/1966-S249
'i SPECIAL MEETING OF MAY 3, 1966
WE, the undersigned,, being members of the Town Board of the Town'of
Southold; -suffolk County, New York, do hereby severally waive notice
of thee'time, place-and purpose of the meeting of the Town Board to be
held at Greenport, in the Town of Southold, New York, on, Tuesday,
May 3-~ I966, and do. hereby consent that the same be held on said date
for the tranSaction. of any business which may properly come before
said meeting.
Dated: MaY 3, 1966.
Greenport, NeW York.
Lester M. Albertson, Supervisor
Howard C. Valentine, ConCilman
Louis M. Demarest, CO~ncilman
Ralph W. Tuthill, Justice
Henry A~ Clark, JuStice
E. PerryEdwards; Justice
Albert W. RiChmond, Town clerk
A special meeting of the Southold Town
the Supervisor, Lester M. Albertson,
York, on
the t~me,
order by Supervisor Lester M. Albertsonat
of
NeW
ice of
Moved by
WHEREAS,
state
planning
Act of i954,
Law of the
for appr,
WHEREAS,
he!
such
W~R~EAS,
entire
out
WHEREAS~
the
of the
Proj
now
thereof
per
to be
ioned
YOrk ·
the
lman Valentine;
~outhold has here~
Co~mer ce for
project under the
Subdivisi
New York· and
~ceptance by
Commissioners of
~ of Southold and the
into an Agreement to
project, and
the continuity and comp]
now necessary to enter
of such project, and.
secure the benefits of the said
program, it is
a smm not to
work and
New Y~
of
Seventy-nine
necessary to contribute
) of'the total cost'of
of New York, on
:oved by both
commissioner
be and
f of the TOwn
to carry
1; seconded by
lieves that it
be
in order to
retained to
spe, ide
~ect, and
Jac~u
[sco and ~
of 2 WeSt 5th S~reet, New York, have con~
proposed tO ren~er such services,
NOW, THEREFORE, BE IT RESOLVED: That the firm of Francisco and Jacobus
be and they are hereby retained as architects and engineers to perform
architectural and engineering services relative to the construction
of the town hall for the Town of outhold, Suffolk County, New York,
and that the Supervisor be .and he~£~by is authorized and directed
to contractwith said firm of Francisco-and Jacohus,,~said ¢0m~act
to be in the form hereunto annexed and made a part hereof.
Vote of Town Board: Ayes-S~pervisor Albertson; Councilmen Demarest
and Valentine; Justices TUthill, Clark and EdWards.
THE ,AMERI, C AN
INSTITU;TE OF
ARCHITECT, S' ~
AIA DOCIJ~NT
Sm'T. ~96s ~,D. B 1 3 1
THE STANDARD,'FORM OF
BET:WEEN OWNER AND
AGREEMENT
ARCHITECT
ON A BASIS OF A
PERCENTAGE OF CONSTRUCTION COST
THIS AGREEMENT
made this 19 day of April
BY AND BETWEEN
in the year Nineteen Hundred and sixt¥~ six
The Town of Southold0 S-ctffolk Cou.r, ty, New Yorkhereinafter called the Owner. and
Francisco & Jacobus hereinafter called the Architect
WITNESSETH,
that whereas the Owner intends ro build a Town Hall in ~he Town of S0ul:hold,
Suffolk County, New York
e 4;
hereinafter called the Project,
NOW, THEREFORE,
the Owner and the Architect. for the considerations hereinafter set forth agree as follows:
ARTICLE 1. T~iE &RCI-IITECT AGREES TO PROVIDE PROFESSIONAL SERVICES FOR THE PROJECT AS
}{EREINAFTER SET FORTH.
ARTICLE 2. Tile OWN"ER AGREES TO PAt{ TtiE ARCHITECT AS COMPENSATION FOR HIS SERVICES:
~x:Eard~i~z~"g-x-x mx xx xxx xx x~xx xx:~r X~bCt:li~~~~
~r~ma>rk~~~x~>rmr~xxxxxxxxxxxxxxx~Xxx~x_x~x
2.4 For Additional Services defined in Article 4 hereinaher, tWO point eight ( 2.8 ) times
the D. ire~ Personne.1 .Expense as d~fined in Article 7.1 bereinafteF . .
e p' y ' ' ' I1 be at thei..egular ra~e of pay plos normal benefits.
Reimbursable expense as defined in Article 7.2 hereinafter to the amount expended.
Except ten {t0) copies of plans and specifications which are included in the
basic rate.
TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
ARTICLE 3. ARCHITECT'S BASIC SERVICES
3.1 Schematic Design Phase.
3.1.1 The Architect shall consult with the Owner to ascer-
tain the requirements of the Project and shall confirm such
requirements to the Owner.
3.1.2 He shall prepare schematic design studies leading to
a recommended solution together with a general description
of the Project for approval by the Owner,
3.1.3 He shall submil to the Owner a Statement of Prob-
able Project Construction Cost based on current area. vol-
ume or other unit costs.
3.2 Design Development Phase.
3.2.1 The Architect shall prepare from the approved Sche-
matic Design Studies, the Design Development Documents
consisting of plans, elevations and other drawings, and out-
line specifications, to fix and illustrate the size and character
of the entire Project in its essentials as to kinds of mate-
rials, type of structure, mechanical and electrical systems
and such other work as may be required
3.2.2 He shall submit to the Owner a further Statement
of Probable Project Construction cost.
3.3 Construction Documents Phase~
3.3.1 The Architect shall prepare from the approved De-
sign Development Documents, Working Drawings and Spec-
ifications setting forth in detail the work required for the
architectural, structural, mechanical, electrical, service-con-
nected equipment, and site work. and the necessary bidding
information, General Conditions of the Contract, and Sup-
plementary General Conditions of the Contract. and shall
assist in the drafting of Proposal and Contract Forms.
3.3.2 He shail keep the Owner informed of any adjust-
ments to previous Statements of Probable Project Construc-
tion Cost indicated by changes tn scope, requirements or
market conditions.
3.3.3 He shall be responsible for filing the required docu-
ments to secure approval of governmental authorities having
jurisdiction over the design of the Project.
3.4 Construction Phase General .Administration o[
Construction Contracts,
3.4.1 The Architect shah assist the Owner in obtaining
proposals from Contractors and in awarding and preparing
construction contracts.
3.4.2 To the extent provided by the contract between the
Owner and the Contractor, he shall make decisions on all
claims of the Owner and Contractor and on all other matters
relating to the execution and progress of the work or the
interpretation of the Contract Documents. He shall check
and approve samples, schedules, shop drawings and other
submissions only for conformance with the design concept
of the Project and for compliance with the information
given by the Contract Documents. prepare change orders
and assemble written guarantees required of the Contractors.
3.4.3 He .will make periodic visits to the site to familiarize
himself generally with the progress and quality of the work
and to determine in general if the work is proceeding in
accordance with the Contract Documents. He will not be
required to make exhaustive or continuous on-site inspec-
tions to check the quality or quantity of the work and he
will not be responsible for the Contractors' failure to carry
out the construction work in accordance with the Contract
Documents During such visits and on the basis of his ob-
servations while at the site, he will keep the Owner in-
formed of the progress of the work, will endeavor to guard
the Owner againm defects and deficiencies in the work of
Contractors, and he may condemn work as failing to con-
form to the Contract Documents. Based on such observa-
tions and the Contractors' Applications for Payment, he will
determine the amount owing to the Contractor and will issue
Certificates for Payment in such amounts. These Certificates
will constitute a representation to the Owner, based on such
observations and the data comprising the Application for
Payment, that the work has progressed to the point indicated.
By issuing a Certificate for Paymeat~ the! Archite~t ',will also
repres6nt to th~ Owner that,, to thelbest of: his knowledge,
information and belief based 'on what hi~ obServations have
revealed ~ the quality b~the~ work is in accordance with the
Contract Documents.' He v/ill COnduct inspections io deter-
m{ne the dates of suhgtantial and final con~pleti0n and issue
a final Certificate for PaYment.
3.4.4 If more extensive representation at the site is re-
quired, the Condition~ undei- which such rePresentation shall
be furnished and a Project Representative: ~iecte. d; em-
ployed and dir6cted, shallbe agreed t? by the Owner and
the Architect and set forth in an exhibit 'to tl~s Agreeiiaent,
ARTICLE 4, ARCHITECT~S ADDITIONAL SERVIcEs
The following services capzse th~ A~Chitec( extra
If any of these se~iCes a~e: aL~tltorized by, the owner
shall be paid for by the:0~e~':;a~ .a:Muit(lfle'of, Direct Pet-
sonnel Expense:
4.1 M akir~
Owner's
4.2
4.3 Revisin
4,5
Orders,
4.6 Consultation
damaged by fire
furnishing
Article 3 above as
replacement of such
4.7 Arranging for
tractor default dim!
4.8
servation
time be exceeded
the Architect.
4.9 Preparing as-builtl
changes n the work
ice lines and outle~
Contractor.
4.10 Making an
tion of the guarantee
ancies under guaranteesq
It-acts.
ARTICLE 5. THE
5.1 The Owner shall
requirements for the
5.2 He shal
thorized to act in
submitted by the J
thereto promptly,
progress of the
cedure of issuing
Architect.
5.3 He shall furnish
the Owner's expense, a
as required, grades and
and adjoining
ments.
complete data
ments and trees;
utility lines both
phs necessary for
5.4 He shall
mechanics
OWNER-ARCHITEC~
AIA DOC. B-131
$.8 He shall arrange and pay for such legal, auditing, and
insurance cgunselling services as may be required for the
Pr6ject.
5.6 I! the Owner observes or otherwise become~ aware o[
any defect in the Project, he shall give prompt written notice
thereof to the Architect.
ARTICLE 6. PRO/ECT CONSTRUCTION COST
6.1 Project Construction Cost as herein referred to means
the total cost of all work designed or specified by the
Architect, but does not include any payments made m the
Architect or consultants.
6.2 Project Construction Cost shall be based upon one of
the following sources with precedence in the order listed:
6.2.1 Lowest acceptable bona fide Contractor's proposal
received for any or all portions of the Project.
6.2.2 Semi-Detailed or Detailed Estimate of Project Con-
struction Cost as defined in paragraph 6,4 below.
6.2.3 The Architect's latest Statement of Probable Project
Construction Cost based on current area, volume or other
unit costs.
6.3 When labor or material is furnished by the Owner,
the Project Construction Cost shall include such labor and
material at current market cost.
6.4 If a fixed limit of Project ConstruCtion Cost is stated
herein, or if otherwise authorized by the Owner, Estimates
of the Probable Project Construction Cost prepared in
Semi-Detailed or Detailed form by an experienced estimator
will be secured by the Architect during the Design Develop-
ment or Construction Documents Phase.
6.5 If the Statement of Probable Project Construction
Cost, or the Semi-Detailed or Detailed Cost Estimate. or
the lowest bona fide proposal is in excess of any limit stated
herein, the Owner shall give written approval of an increase
in the limit, or he shall cooperate in revising the pro~ect
scope or quality, or beth, to reduce the cost as required.
6.6 Since the Architect has no control over the cost of
labor and materials, or competitive bidding, he does not
guarantee the accuracy of any Statements of Probable Con-
struction Cost, or any Semi-Detailed or Detailed Cost Esti-
mates.
ARTICLE 7. DIRECT & REIMBURSABLE EXPENSE
7.1 Direct Personnel Expense includes that of principals
and employees engaged on the Project including architects,
engineers, designers, job captains, draftsmen, specification
writers, typists and Project Representatives, m consultation.
reseats;h, designing, producing drawing, specifications and
other documents pertaining to the Project, and services dur-
ing construction at the Project site.
?.2 Reimbursable Expense includes actual expenditures
made by the Architect in the interest of the Project for the
following incidental expenses:
7.2.1 Expense of transportation and living of principals
and employees when traveling in connection with the Project;
long distance calls and telegrams; reproduction of drawings
and specifications, excluding copies for Architect's office use
and duplicate sets at each phase for the Owner's review and
approval; and fees paid for securing approval of authorities
having jurisdiction over the Project·
'/.2.2, If authorized in advance by the Owner, the expense
of Project Representative, overtime work requiring higher
than regular rates, ~ or models for the Owner's
nsc.
'/.2.3 If their employment is authorized in advance by the
Owner. fees of special consultants, for other than the normal
strnctural, mechanical and electrical engineering services,
ARTICLE 8. PAYMENTS TO THE ARCHITECT
8,1 Payments on account of the Architect's basic services
shall be as follows:
8.1.1 A minimum primary payment of 5 per cent of tl~
compensation for basic services, payable upon the execution
of the Agreement, is the minimum payment under the .
Agreement.
· -~___---- 7 .. -5> ~
{~X~i~ ~;o~.I~Ka~zxXXXXXXX~r x'~r ~
8.2 Payments for Additional Se~i~s of the ~c~te~ as
defined in Article 4 above, and for Reimbursable Ex~n~
as defined in Article 7.2. shall be made monthly upon pre~
entation of Architect's detailed invoi~.
8.3 No deduction shall be made from the ~chite~'s ~m-
pensation on accoum of ~nalty, liquidated ~mages, or
other sums withheld from payments to con~acwrs.
8.4 If any work designed s~cified by the ~chitect
during any phase of service ~r abandoned or sus~nd~ in
whole or in part. the Architect is to be paid for ~e se~i~
performed on account of it prior to receipt of written noti~
from the Owner of such abandonment or suspension, togeth-
er with reimbursements then due and any termin~ ex.nm
resulting from abandonment or sus~nsion for more t~n
three months.
ARTICLE 9. ARCHI~CT~S ACCO~NG ~CO~S
Records of the Architect's Direct Personnel, Consultant, and
Reimbursable Expense pertaining to this Project and records
of accounts between the Owner and Contractor shall be kept
on a generally recognized accounting basis and shall be avail-
able to the Owner or his authorized representative at mu-
tually convenient times.
ARTICLE 10. TERMINATION OF AGREEMENT
This Agreement may be terminated by either party upon
seven day's written notice should the other party fail sub-
stantially ro perform in accordance with its terms through
no faldt of the other. In the event of termination, due to
the fault of others than the Architect, the Architect shall be
paid for services performed to termination date, including
reimbursemeats then due, plus terminal expense.
ARTICLE 11. OWNERSHIP OF DOCUMEntS
Drawings and Specifications as instruments of service are
the property of the Architect whether the Project for which
they are made be executed or not. They are not to be used
on other projects except by agreement in writing.
ARTICLE 12. SUCCESSORS AND ASSIGNS
The Owner and the Architect each binds himself, his part-
ners. successors' assigns and legal representatives to the other
party to this Agreement and to the partners, successor~
assigns and legal representatives of such other party in
respect of all covenants of this Agreement. Neither the
Owner nor the Architect shall assign, sublet or transfer
interest in this Agreement without the written consent of
the other,
ARTICLE 13. ARBITRATION
Arbitration of all questions in dispute under this Agreement
shall be at the choice of either party and shall be in accord-
ance with the provisions, then obtaining, of the Standard
Form of Arbitration Procedure of The American Institute
of Architects. This Agreement shall be specifically enforce-
able under the prevailing arbitration law and judgment
upon the award rendered may be entered in the court of
the forum, state or federal, having jurisdiction. The de-
cisions of the arbitrators shall be a condition precedent to
the right of any legal action.
OWNER-ARCHITECT AGREEMENT FOUR PAGES
AIA DOC. B-I31 SEPT. 1965 ED, pAGI~ 8
Article Zo THE OWNER AGREES TO PAY THE ARCHITECT AS
COMPENSATION FOR HIS SERVICES:
2.1
Article 8. 1o 2.
For his basic services nine and i/2 per cent (9.
of the project construction cost up to $750~ 000 and
nine per cent (9%) ap to $1,000,000~ and fifteen per
cent (15%~ of the total cost of furniture, furnishings
and interior decoration if handled by the Architect
alt in accordance with AIA Fee Schedule (First Printing
1966}, hereinafter referred to as the Basic Rate: the
work to be let reader a single lump sum contract.
Subsequent payments shall be made monthly in
proportion to services performed to increase the
compensation for basic services To the following
percentages at the completion of each phase of the
work:
Schematic Design Phase .......... 15%
Design Development Phase ....... 25%
Construction Document ........... 85~0
Receipt of Bids .................. 90~
Construction Phase .............. 95,~0
Substantial Completion .......... 100?0
Should the project not be approved by referendum,
payment to the Architect shall be $20,000.00.
1N WITNESS WHEREOF the parries hereto have executed this agreement the day and year first above written.
Architect- FRANCISCO & JACOBUS
Engineer
Senior P ar t~.e r
AIA DOC, B-lal SEPT. [963 ED, t~AG~ 4
Moved by Justice Tuthill; seconded by Justice Clark;
RESOLVED: That supervisor Lester M. Albert'son be and he hereby is
authorized to enter ~nto a lease with Harrison M~ Demarest ~Sr. for
a tract~ of :~vacant land situated-and being at orient, Town of South-
-0~d% N~w York,, bounded as follows:
N .... Narrow River Road
E .... land now or formally of John Brown~
S .... Hallock' s Bay
W~-~-land now or formally of the Estate of George E.
' E~wards.
f~rI ~u~ -and boat landing for' a, term of five
(5) years , Of MaY, 1966 ,which term witl~end On
the 3i0t1% day of April, 1971-for- the".sum of $100.00 per year.
Pr(~;ided, however, that either party may on ~the 30th' day 'of Ap~l,
of any year terminate this lease by giving the other party 30 ~ays
prior written ~Otice by,registered mail and if this lease is so,
terminated, the ~liab~lity of the parties 'hereunder for .'the further
performance of the terms, covenants and conditi~us of this lease
shall"?'~6r thwlt~ cease
Vote of ToWn B~rd:
and Valentine;
Adjournment .-
; Councilmen, Demarest
Clark and Edwards.
Albert W. Richmond
TOWh clerk