HomeMy WebLinkAboutTB-05/03/1966-S rh?49
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 'the 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, 1966, 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 . Lester M. Albertson, Supervisor
Greenport, New York. Howard C. Valentine, Concilman
Louis M. Demarest, Councilman
Ralph W. Tuthill, Justice
Henry A. Clark, Justice
E. Perry Edwards, Justice
Albert W. Richmond, Town Clerk
A special meeting of the Southold Town Board was held at the office of
the Supervisor, Lester M. Albertson, 16 South Street, Greenport, New
York, on May 3, 1966, the members of the Board having waived notice of
the time, place and purpose of the meeting. The meeting was called to
order by Supervisor Lester M. Albertson at 3:00 P.M.
Moved by .Councilman Valentine; seconded by Councilman Demarest;
WHEREAS, the Town of Southold has heretofore applied to the New York
State Department of Commerce for Federal and State Aid in an urban
planning assistance project under the provisions of the Federal Housing
Act of 1954, as amended and Subdivision 27 of Section 100 of the Commerce
Law of the State of New York, and such application has been processed
for approval and acceptance by the Department of Housing and Urban
Development and the Commissioners of the State of New York, and
WHEREAS, the Town of Southold and the Department of Commerce have
heretofore entered into an Agreement to carry out the first ,phase of
such urban planning project, and
WHEREAS, to provide for the continuity and comprehensiveness of the
entire project, it is now necessary to enter into an Agreement to carry
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out the second phase of such project, and
WHEREAS, in order to secure the benefits of the said second phase of
the urban planning assistance program, it is necessary for the Town of
Southold to contribute a sum not to exceed seventeen per centum (17%)
of the total cost- of such phase work and to enter into a second phase
Project Grant Agreement with the New York State Department of Commerce,
now be it
RESOLVED, that the Town of Southold hereby appropriates the sum of Four
Thousand Eight Hundred Seventy-nine Dollars ($4, 879.00) , or so much
thereof as may be necessary to contribute a sum not to exceed seventeen
per centum (17/) of the total cost of the second phase of said Project,
to be paid to the State of New York, on condition that the above ment-
ioned application is approved by both. the Department of Housing and
Urban Development and the Commissioner of Commerce of the State of New
York, and be it further
-
RESOLVED, that the Supervisor be and he hereby is authorized and direct-
ed to execute on behalf of the Town of Southold the second phase of
the Project Grant Agreement to carry the foregoing into effect. '
Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest
and Valentine; Justices Tuthill, Clark and Edwards.
Moved by Justice Tuthill; seconded by Justice Clark;'
WHEREAS, this Board believes that it is in the interest of the Town of
Southold that a new town hall be constructed, and
WHEREAS, it is necessary in order to accomplish said purpose that an
architect and engineer be retained to prepare the necessary plans and
specifications and to provide architectural and engineering services
with respect to such project, and
WHEREAS, the firm of Francisco and Jacobus, Architects and Engineers,
of 2 West 45th Street, New York, have conferred with this Board and have
proposed to render such services,
50
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 heli.er-&,by is authorized and directed
to contract with said firm of Francisco and Jacobus, .said contract
to be in the form hereunto annexed and made .a part hereof.
Vote of Town Board: Ayes-Supervisor Albertson; -. Councilmen Demarest
and Valentine; . Justices Tuthill, Clark and Edwards.
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I� THE ,AMERICAN INSTITUTE OF ARCHITECTS
AIA DOCUMENT
0 SEPT. 1963 ED. B 1 3 1
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THE STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND ARCHITECT
A
ON A BASIS OF A
U
°a PERCENTAGE OF CONSTRUCTION COST
<I
THIS AGREEMENT
made this 19 day of April in the year Nineteen Hundred and sixty-six
BY AND BETWEEN
The Town of Southold, Suffolk County, New Yorkhereinafter called the Owner, and
Francisco & Jacobus hereinafter called the Architect
WITNESSETH ,
that whereas the Owner intends to build a Town Hall in the Town of Southold,
Suffolk County, New York
hereinafter called the Project,
NOW , THEREFORE ,
the Owner and the Architect, for the considerations hereinafter set forth agree as follows:
ARTICLE 1. THE ARCHITECT AGREES TO PROVIDE PRO FESSIONAL,SERVICES FOR THE PROJECT AS
HEREINAFTER SET FORTH.
ARTICLE 2. THE OWNER AGREES TO PAY THE ARCHITECT AS COMPENSATION FOR HIS SERVICES:
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2.4 For Additional Services defined in Article 4 hereinafter, two point eight ( 2. 8 ) times
the Direct Personnel Expense as defined in Article 7.1 hereinafter.
F}�rinc1�p a11ts ttime s}, ll be t rate thirt o a-rs 30. 00) per hou .
rn computing Direcf Personnel- xpensex la XXX XXXXX Xx
xz3Kkemployees' time shall be at their regular rate of pay plus normal benefits.
2.5 Reimbursable expense as defined in Article 7.2 hereinafter to the amount expended.
Except ten (10) copies of plans and specifications which are included in the
P basic rate.
r OWNER-ARCHITECT AGREEMENT
AIA DOC B-131 SEPT. 1963 ED. FOUR PAGES
®1963 The American Institute of Architects PAGE 1
1735 New York Ave NW.,Washington.D.C. f
1'
TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
ARTICLE 3. ARCHITECT'S BASIC SERVICES By issuing a Certificate for Payment, the Architect will also
represent to the Owner that, to the best of his knowledge,
3.1 Schematic Design Phase. information and belief based on what his observations have
3.1.1 The Architect shall consult with the Owner to ascer- revealed, the quality of the work is in accordance with the
lain the requirements of the Project and shall confirm such Contract Documents. He will conduct inspections to deter-
requirements to the Owner. mine the dates of substantial and final completion and issue
3.1.2 He shall prepare schematic design studies leading to a final Certificate for Payment.
a recommended solution together with a general description 3.4.4 If more extensive representation at the site is re-
of the Project for approval by the Owner. gUired, the conditions under which such representation shall
be furnished and a Project Representative selected, em-
3.1.3 He shall submit to the Owner a Statement of Prob- ployed and directed, shall be agreed to by the Owner and
able Project Construction Cost based on current area, vol- the Architect and set forth in an exhibit to this Agreement.
ume or other unit costs.
3.2 Design Development Phase. ARTICLE 4. ARCHITECTS ADDITIONAL SERVICES
3.2.1 The Architect shall prepare from the approved Sche-
matic Design Studies, the Design Development Documents The following services cause the Architect extra expense.
consisting of plans, elevations and other drawings, and out- If any of these services are authorized by the Owner they
line specifications, to fix and illustrate the size and character shall be paid for by the Owner as a Multiple of Direct Per-
of the entire Project in its essentials as to kinds of mate- sonnel Expense:
rials, type of structure, mechanical and electrical systems 4.1 Making planning surveys and special analyses of the
and such other work as may be required. Owner's needs to clarify requirements of the Project.
3.2.2 He shall submit to the Owner a further Statement 4.2 Making measured drawings of existing construction
of Probable Project Construction cost. when required for planning additions or alterations thereto.
3.3 Construction Documents Phase. 4.3 Revising previously approved drawings or specifica-
3.3.1 The Architect shall prepare from the approved De- tions to accomplish changes.
sign Development Documents, Working Drawings and Spec- ILitXg
ifications setting forth in detail the work required for the
architectural, structural, mechanical, electrical, service-con- 4.5 Preparing documents for Alternate Bids and Change
nected equipment, and site work, and the necessary bidding Orders, or for supplemental work initiated after commence-
information, General Conditions of the Contract, and Sup- ment of the construction phase.
plementary General Conditions of the Contract, and shall 4.6 Consultation concerning replacement of any work
assist in the drafting of Proposal and Contract Forms. damaged by fire or other cause during construction and
' 3.3.2 He shall keep the Owner informed of any adjust- furnishing professional services of the types set forth in
ments to previous Statements of Probable Project Construe- Article 3 above as may be required in connection with the
tion Cost indicated by changes in scope, requirements or replacement Of such work.
market conditions. 4.7 Arranging for the work to proceed should the con-
3.3.3 He shall be responsible for filing the required docu- tractor default due to delinquency or insolvency.
ments to secure approval of governmental authorities having
jurisdiction over the design of the Project. 4.8 Providing prolonged contract administration and ob-
servation of construction should the construction contract
3.4 Construction Phase—General Administration of time be exceeded by more than 25% due to no fault of
Construction Contracts. the Architect.
3.4.1 The Architect shall assist the Owner in obtaining 4.9 Preparing as-built drawings showing construction
proposals from Contractors and in awarding and preparing changes in the work and final locations of mechanical serv-
construction contracts. ice lines and outlets on the basis of data furnished by the
3.4.2 To the extent provided by the contract between the Contractor.
Owner and the Contractor, he shall make decisions on all 4.10 Making an inspection of the Project prior to expira-
claims of the Owner and Contractor and on all other matters tion of the guarantee period and reporting observed discrep-
relating to the execution and progress of the work or the ancies under guarantees provided by the construction con-
interpretation of the Contract Documents. He shall check tracts.
and approve samples, schedules, shop drawings and other
submissions only for conformance with the design concept ARTICLE 5. THE OWNER'S RESPONSIBILITIES
the Project and for compliance with the information
given by the Contract Documents, prepare change orders 5.1 The Owner shall provide full information as to his
and assemble written guarantees required of the Contractors. requirements for the Project.
himself
a He will make periodic visits the site to familiarize 5.2 He shall designate, when necessary, representatives au-
himself generally with the progress and quality of the work thorized to act in his behalf. He shall examine documents
and to determine in general if the work is proceeding in submitted by the Architect and render decisions pertaining
accordance with the Contract Documents. He will not be thereto promptly, to avoid unreasonable delay in the the
required h make exhaustive or continuous ow site ind he progress of the Architect's work. He shall observe the pro
-
will lions to check the quality or quantity to the work and he cedure of issuing orders to contractors only through the
will not be responsible for the Contractors' failure to carry
out the construction work in accordance with the Contract Architect.
Documents. During such visits and on the basis of his ob- 5.3 He shall furnish or direct the Architect to obtain at
servations while at the site, he will keep the Owner in- the Owner's expense, a certified survey of the site, giving,
as required, grades and lines of streets, alleys, pavements,
formed of the progress of the work, will endeavor to guard
the Owner against defects and deficiencies in the work of and adjoining property; rights of way, restrictions, ease-
Contractors, and he may condemn work as failing to con- ments, encroachments, zoning, deed restrictions, boundaries,
form to the Contract Documents. Based on such observa- and contours of the building site; locations, dimensions, and
tions and the Contractors' Applications for Payment, he will complete data pertaining to existing buildings,other improve-
determine the amount owing to the Contractor and will issue ments and trees; full information as to available service and
Certificates for Payment in such amounts. These Certificates utility lines both public and private; and test borings and
will constitute a representation to the Owner, based on such pits necessary for determining subsoil conditions.
j observations and the data comprising the Application for 5.4 He shall pay for structural, chemical, mechanical, soil
Payment,that the work has progressed to the point indicated. mechanics or other tests and reports if required.
` OWNER-ARCHITECT AGREEMENT FOUR PAGES
AIA DOC. B-131 SEPT. 1963 ED. PAGE 2
5.5 He shall arrange and pay for such legal, auditing, and 8.1.1 A minimum primary payment of 5 per cent of the
insurance c9unselling services as may be required for the compensation for basic services, payable upon the execution
Project. of the Agreement, is the minimum payment under the
Agreement.
5.6 If the Owner observes or otherwise becomes aware of 8 1 2 7l13LJ1]T�lf�lWi7iiYe�6iFiJ�'XtiKi>6x
any defect in the Project,he shall give prompt written.notice !�
thereof to the Architect. 1p]C�1C7CDd7dpl� G `
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ARTICLE 6. PROJECT CONSTRUCTION COST 3tXNNaW VKXXXXXXxxx%xXXX33> -
:"mu.cXXXXXXXxxxx w
6.1 Project Construction Cost as herein referred to means - XXX-.. .. ...-.....
the total cost of all work designed or specified by the Et4eo¢p[-CkjbdKXXxxxxxxxxxx7xxxXxxm&
Architect, but does not include any payments made to the XXXxxxxxxxxxxxxx-480t k
Architect or consultants. 8.2 Payments for Additional Services of the Architect as
61 Project Construction Cost shall be based upon one of defined in Article 4 above, and for Reimbursable Expense
the following sources with precedence in the order listed: as defined in Article 7.2, shall be made monthly upon pres-
6.2.1 Lowest acceptable bona fide Contractor's proposal entation of Architect's detailed invoice.
received for any or all portions of the Project. 8.3 No deduction shall be made from the Architect's com-
6.2.2 Semi-Detailed or Detailed Estimate of Project Con- pensation on account of penalty, liquidated damages, or
struction Cost as defined in paragraph 6.4 below. other sums withheld from payments to contractors.
6.2.3 The Architect's latest Statement of Probable Project 8.4 if any work designed or specified by the Architect
Construction Cost based on current area, volume or other during any phase of service is abandoned or suspended in
unit costs. whole or in part, the Architect is to be paid for the service
6.3 When labor or material is furnished by the Owner, performed on account of it prior to receipt of written notice
the Project Construction Cost shall include such labor and from the Owner of such abandonment or suspension,togeth-
material at current market cost. er with reimbursements then due and any terminal expense
resulting from abandonment or suspension for more than
6.4 If a fixed limit of Project Construction Cost is stated three months.
herein, or if otherwise authorized by the Owner, Estimates
of the Probable Project Construction Cost prepared in ARTICLE 9. ARCHITECT'S ACCOUNTING RECORDS
Semi-Detailed or Detailed form by an experienced estimator
will be secured by the Architect during the Design Develop- Records of the Architect's Direct Personnel, Consultant, and
ment or Construction Documents Phase. Reimbursable Expense pertaining to this Project and records
6.5 If the Statement of Probable Project Construction of accounts between the Owner and Contractor shall be kept
Cost, or the Semi-Detailed or Detailed Cost Estimate, or on a generally recognized accounting basis and shall be avail-
the lowest bona fide proposal is in excess of any limit stated able to the Owner or his authorized representative at mu-
herein, the Owner shall give written approval of an increase tually convenient times.
in the limit, or he shall cooperate in revising the project
scope or quality, or both, to reduce the cost as required. ARTICLE 10. TERMINATION OF AGREEMENT
_ 6.6 Since the Architect has no control over the cost of
labor and materials, or competitive bidding, he does not This Agreement may be terminated by either party upon
guarantee the accuracy of any Statements of Probable Con- seven day's written notice should the other party fail sub-
struction Cost, or any Semi-Detailed or Detailed Cost Esti- stantially to perform in accordance with its terms through
mates. no fault 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
ARTICLE 7. DIRECT & REIMBURSABLE EXPENSE reimbursements then due, plus terminal expense.
7.1 Direct Personnel Expense includes that of principals ARTICLE 11. OWNERSHIP OF DOCUMENTS
and employees engaged on the Project including architects,
engineers, designers, job captains, draftsmen, specification
writers, typists and Project Representatives, in consultation, Drawings and Specifications as instruments of service are
research, designing, producing drawing, specifications and the property of the Architect whether the Project for which
other documents pertaining to the Project, and services dur. they are made be executed or not. They are not to be used
ing construction at the Project site. on other projects except by agreement in writing.
7.2 Reimbursable Expense includes actual expenditures ARTICLE 12. SUCCESSORS AND ASSIGNS
made by the Architect in the interest of the Project for the
following incidental expenses: The Owner and the Architect each binds himself, his part-
7.2.1 Expense of transportation and living of principals ners,successors, assigns and legal representatives to the other
and employees when traveling in connection with the Prolect; party to this Agreement and to the partners, successors,
long distance calls and telegrams; reproduction of drawings assigns and legal representatives of such other party in
and specifications, excluding copies for Architect's office use respect of all covenants of this Agreement. Neither the
and duplicate sets at each phase for the Owner's review and Owner nor the Architect shall assign, sublet or transfer his
approval; and fees paid for securing approval of authorities interest in this Agreement without the written consent of
having jurisdiction over the Project. the other.
7.2.2 If authorized in advance by the Owner, the expense
of Project Representative, overtime work requiring higher ARTICLE 13. ARBITRATION
than regular rates, locapltendrsx or models for the Owner's
use. Arbitration of all questions in dispute under this Agreement
7.2.3 If their employment is authorized in advance by the shall be at the choice of either party and shall be in accord-
Owner, fees of special consultants,for other than the normal ance with the provisions, then obtaining, of the Standard
structural, mechanical and electrical engineering services. form, of Arbitration Procedure of The American Institute
of Architects. This Agreement shall be specifically enforce-
able under the prevailing arbitration law and judgment
ARTICLE 8. PAYMENTS TO THE ARCHITECT upon the award rendered may be entered in the court of
the forum, state or federal, having jurisdiction. The de-
8.1 Payments on account of the Architect's basic services cisions of the arbitrators shall be a condition precedent to
shall be as follows, the right of any legal action.
OWNER-ARCHITECT AGREEMENT FOUR PAGES
AIA DOC. U-131 SEPT. 1963 ED. PAGE 8
Article 2. THE OWNER AGREES TO PAY THE ARCHITECT AS
COMPENSATION FOR HIS SERVICES:
2. 1 For his basic services nine and 1/2 per cent (9. 516)
of the project construction cost up to $750, 000 and
nine per cent (916) up to $1, 000, 000, and fifteen per
cent (1576) of the total cost of furniture, furnishings
and interior decoration if handled by the Architect
all in accordance with AIA Fee Schedule (First Printing
1966), hereinafter referred to as the Basic Rate, the
work to be let under a single lump sum contract.
Article 8. 1. Z. 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°jo
Construction Document. . . . . . . . . . . 857o
Receipt of Bids. . . . . . . . . . . . . . . . . . 907o
Construction Phase . . . . . . . . . . . . . . 95%
` • Substantial Completion . . . . . . . . . . 10076
Should the project not be approved by referendum,
payment to the Architect shall be $20, 000. 00.
IN WITNESS WHEREOF the parties hereto have executed this agreement the day and year first above written.
Owner Architect— FRANCISCO & JACOBUS
Engineer
Senior Partner
OWNER-ARCHITECT AGREEMENT FOUR PAGES
r -
AIA DOC. II-131 SEPT. 1963 ED. PAGE
Moved by .Justice Tuthill; seconded by Justice Clark;
RESOLVED: That Supervisor Lester M. Albertson be and he hereby is
authorized to enter into a lease with Harrison-M. Demarest ,Sr. for -
a tract of -vacant land situated and being at Orient, Town of South-
old, New 'Yor.k, 'bounded as- follows:
N----Narrow River Road
E----land now- or formally'of Johh' Brown
S----Hallock' s Bay.
W--'-land now or formally of the Estate of George E.
Edwards..,
for use• as a town parking area and boat landing fora term of five
(5) years from the first day of May, 1966 which term will end on
the 30th day of April, 1971 for the • sum of $100.00 per year .
Provided, however, that either party may on the 30th day of April,
of any year terminate this lease by giving the other party 30 days
prior written notice by registered mail and if this lease is so
terminated, the liability of the parties hereunder. for the further
performance of the terms, covenants and conditions of this lease
shall forthwith cease.
Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest
and Valentine; Justices Tuthill, . Clark and Edwards.
Adjournment.
Albert W. Richmond
Town Clerk
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