Loading...
HomeMy WebLinkAboutMinutes Council 121167CITY OF PALM BEACH GARDENS REGULAR MEETING OF THE CITY COUNCIL December 11, 1967 REGULAR MEETING The regular meeting of the Council of the City of Palm Beach Gardens was held on December 11, 1967, at 8:00 P.M. at the Golfer's Village Community Center, Palm Beach Gardens, Florida. Mayor Diamond presided. QUO RUM Mayor Diamond directed the Manager to call the roll. All Councilmen were present except Councilman Brown. MINUTES Mayor Diamond announced that the reading of the minutes of November 13, 1967 and November 27, 1967 would be waived and approval would be by each Councilman's signature. DEPARTMENT REPORTS Mayor Diamond directed the Manager to read the monthly reports from the Department of Public Safety, Building Department, Public Works Department, Parks and Recreation Department, and Fire Department. Various questions were asked of different department heads in regards to their monthly report by the Councilmen. CALL FOR BIDS ON The Manager informed the Mayor and Council that he had received POLICE RADAR three sealed bids for police radar. He informed them that all procedures had been followed in accordance with the requirements of the Charter for calling for Public Bids. The three following companys' bids were opened: 1. Automatic Signal Company $1,009.60 2. P.T. Garrett $1,190.00 ._. 3. Jones Equipment Company $1,295.00 (Optional bid for Mark -6) $1,395.00 Minutes of Regular Meeting, December 11, 1967 Page 2 Mayor Diamond noted that Automatic Signal Company expressed u that they would like to take exception to the specifications by which this radar equipment was bid. Motion by Vice Mayor Hughes, seconded by Councilman Bonner, that the awarding of the bid on the police radar be postponed until the next regular meeting, and that the Chief of Police review the bids and send his recommendation to the Mayor and Council at the next Workshop Meeting. Mayor Diamond called for the vote on the motion. Vote was 4 -0 in favor of the motion. DISCUSSION ON WATER Mayor Diamond opened the discussion by completely reviewing & WATER TREATMENT PLANT WITH MR. TO-PACE all problems that had been discussed prior to this meeting MILLER, PRESIDENT OF THE UTILITY COMPANY and outlined in full detail the "stop and go" construction that had taken place on the Water Treatment Plant from its inception. He stated for the record the Council's position as to why this meeting was called and emphatically announced that numerous citizens had complained vigorously about the quality of the water and the damage that it was doing to household appliances. Mayor Diamond stated the City was going to look into every facet for determining the possibility of purchasing this existing facility or building their own utility system. Mayor Diamond then recognized Mr. Howard Searcy, Mock, Roos & Searcy, Inc., City Engineer, to give a report of the chemical analysis of the samples that had been taken in the past few days. Mr. Searcy advised the Mayor and Council that in many instances the solids in the water were above the maximum recommended for consumption by the National Standards. He Minutes of Regular Meeting, December 11, 1967 Page 3 emphasized that in many other instances various solids were above the minimums but did not exceed the maximums allowable. He stated that this type water was commonly found in very small utility plants servicing 300 to 400 homes. He further emphasized that he had not had an occasion to sample any water in the general area that contained as many solids as Palm Beach Gardens' City water. Mayor Diamond asked Mr. Searcy if in his opinion, the Water Treatment Plant when completed and in operation would eliminate the solids and water color that now existed. Mr. Searcy stated that in his opinion, it would reduce the existing problems by approximately 50 percent if the proper operation is followed. Mr. Searcy answered various other questions from the Councilmen to their satisfaction. Mayor Diamond then read a letter written to Mr. Miller of the State Board of Health in Jacksonville from Mr. Horace Miller of the Palm Beach Gardens Utility Company. The letter stated that it was the intention of the Utility Company to start con- struction within ten days from December 6, 1967 and that com- pletion of the Water Treatment Plant should be within 45 days from the start of construction. At this point Mayor Diamond turned the meeting over to Mr. Horace Miller, President of the Utility Company, for his comments on the discussion up to this point. Mr. Miller stated the Utility Plant's position in the matter and listed the circum- stances that caused the Water Plant not to be completed as scheduled. He stated for the record that to date neither he or the engineer could answer why the north wall of the Water Treat- ment Plant fell. He further stated that considerable time was Minutes of Regular Meeting, December 11, 1967 page 4 spent to try and determine the cause and that it took a great deal of time to have their engineer redesign the wall so that they would be confident this did not happen again. He said that they were very anxious to get it completed and they had hired a class "A" operator to operate the plant when it is completed. Mayor Diamond recognized Mr. Dave Wright. Mr. Wright asked Mr. Miller if there was anything that could be done about the sewage plant and the odor that was predominate as a result of the polishing pond. Mr. Miller informed Mr. Wright that this class "A" operator had advised him he felt that this con- dition could be minimized thru a different type of operation and he felt that eventually the polishing pond would be done away with. He assured Mr. Wright, the Mayor and Council that everything within their power would be done to minimize the odor coming from the Sewage Treatment Plant. Mayor Diamond asked Mr. Miller when he was going to get an asbuilt plan of all the water mains in the City so that he could go to Jacksonville and ask the Florida Inspection and Rating Bureau and the National Fire Underwriters to change the fire district from NB-10 to NB -8 and lower insurance premiums in the City. Mr. Miller remarked, "Haven't you received that from Mr. Garnett ?" Mayor Diamond stated that he had not received it. Mr. Miller then turned to Mr. Keesee, "Don't you have such a plan on file in your office ?" Mr. Keesee stated that he did have the water main maps by plats. Mayor Diamond then announced that he had already submitted an identical set to that one that Mr. Keesee u referred to and on many of the maps it stated, "proposed water mains ". He advised Mr. Miller that this would not be sufficient i Minutes of Regular Meeting, December 11, 1967 Page 5 for the Fire Underwriters to examine and to rerate the City. U Mr. Miller concluded by saying, "i£ you will have Mr. Poston call me, I will see what I can do to get you an asbuilt plan." There being no further discussion on the water and the Water Treatment Plant, Mayor Diamond proceeded with the Agenda. RES. #54 -1967 Motion by Councilman Earle, seconded by Councilman Bonner that APPOINTING BRYAN A. POSTON CITY CLERK Res. #54 -1967, appointing Bryan A. Poston City Clerk be read by the Manager. Vote was 4 -0 in favor of the motion. Motion by Councilman Earle, seconded by Councilman Bonner that Res. #54 -1967 be approved as read by the Manager. Vote was 4 -0 in favor of the motion. RES. #55 -1967 Motion by Vice Mayor Hughes, seconded by Councilman Earle, AUTHORIZA ION FOR SIGNING ARCHITECT that Res. #55 -1967, authorizing the Mayor and City Clerk to AGREEMENT sign an agreement with the firm, Marion, Baber, Paluga, Kaisrlik & Snell, be read by the Manager. Vote was 4 -0 in favor of the motion. Motion by Vice Mayor Hughes, seconded by Councilman Earle, that Res. #55 -1967 be adopted as read by the Manager. Vote was 4 -0 in favor of the motion. ADJOURNMENT OF REGULAR Mayor Diamond adjourned the regular session of Council at SESSION OF COUNCIL & CONVENING OF THE ZONING 9:25 P.M. and convened the Zoning Board of Appeals at 9:29 BOARD OF APPEALS P.M. Mayor Diamond directed the Manager to call the roll. All Councilmen were present except Councilman Brown. This hearing was to discuss conditional use of trailers at the P.G.A. Club House for the tournaments to be held in January and February, 1968. Mayor Diamond asked the Manager if all procedures as prescribed by the Charter had been followed in setting up for Public Hearing and in granting for the conditional use. The i Minutes of Regular Meeting, December 11, 1967 Page 6 Manager stated that all requirements had been met. Vice Mayor Hughes recommended that the Zoning Board of Appeals approve this request for conditional use on the basis of a hardship to the Professional Golfers Association during their peak load of tournaments. All Councilmen approved Vice Mayor Hughes' recommendation. Motion by Councilman Earle, seconded by Council- man Bonner, that the Zoning Board of Appeals be adjourned at 9:29 P.M. Vote was 4 -0 in favor of the motion. RECONVENING OF Mayor Diamond reconvened the regular session of Council at REGULAR SESSION 9:29 P.M. ORDINANCE #33 -1967 Motion by Vice Mayor Hughes, seconded by Councilman Earle, GRANTING CONDITIONAL USE OF TRAILERS TO that Ord. #33 -1967, authorizing a conditional use of trailers P.G.A. CLUB HOUSE at P.G.A. Club House during January and February, 1968 be placed on second reading and read by title only by the Manager. The vote was 4-0 in favor of the motion. Motion by Councilman Earle, seconded by Vice Mayor Hughes that Ord. #33 -1967 be adopted as read by the Manager on second reading by title only. On discussion of the motion, Vice Mayor Hughes recorded the recommendation of the Zoning Board of Appeals to establish the basis of hardship. There being no further discussion, Mayor Diamond called for the vote on the motion. The vote was 4 -0 in favor of the motion. ORD. #36 -1967 Motion by Vice Mayor Hughes, seconded by Councilman Bonner, FIXING THE ANNUAL SALARY OF THE CITY that Ord. #36 -1967, fixing the annual salary of the City MANAGER Manager be placed on second reading and read by title only by the Manager. Vote was 4 -0 in favor of the motion. Motion by Councilman Earle, seconded by Councilman Bonner, that I Minutes of Regular Meeting, December 11, 1967 Page 7 Ord. #36 -1967 be adopted as read by the Manager on second reading by title only. Vote was 4 -0 in favor of the motion. ORD. #37 -1967 Motion by Councilman Earle, seconded by Vice Mayor Hughes, GRANTING A HONING VARIANCE TO JAMES that Ord. #37 -1967, granting a zoning variance to Mr. James RHODES Rhoads to build a screened enclosure or a Florida Room on his ORD. #38 -1967 GRANTING CONDITIONAL USE OF TRAILER FOR STORAGE TO RCA SERVICE COMPANY home in Meridian Park be placed on first reading and read in full by the Manager. Vote was 4 -0 in favor of the motion. Motion by Councilman Earle, seconded by Councilman Bonner that Ord. #38 -1967, granting a conditional use of trailer for storage to the R.C.A. Service Company located on Riverside Drive, Palm Beach Gardens, Florida, be placed on first reading and read in full by the Manager. Vote was 4 -0 in favor of the motion. CORRESPONDENCE Mayor Diamond read a letter that the Mayor and Council had received from Mr. Jack Dean, County Administrator, with regards to the County Ambulance Program. Mayor Diamond made various comments on the letter and on the proposed program. It was his recommendation that the Mayor and Council advise the County Commission that they cannot respond to this program until after the first of the year because they had not received all of the facts that would help them make an intelligent decision. He directed the Manager to write a letter to the County Commission asking them to postpone action on this matter until sufficient facts were received from the County Administrator, so that they could make an intelligent decision on behalf of the citizens of Palm Beach Gardens. He then instructed the City Manager to contact the County Administrator and proceed to get all the facts Minutes of Regular Meeting, December 11, 1967 Page 8 and report back to the Council at the next Workshop Meeting, January 3, 1968. NEW BUSINESS Mayor Diamond opened the discussion to initiate an annual program for Christmas decoration prizes within the City limits. Mayor Diamond was informed that the North Palm Beach -Palm Beach Gardens Jaycees would undertake the judging of such a program, but they did not feel they could appropriate funds for the prizes. Motion by Councilman Earle that the City appropriate $45.00 to the North Palm Beach -Palm Beach Gardens Jaycees for prizes for the Christmas Decoration Contest. The motion died for the lack of second. Mayor Diamond recommended that the City appropriate enough money to purchase three $25.00 savings bonds. Motion by Councilman Earle, seconded by Mayor Diamond, that three $25.00 savings bonds be appropriated by the Council as prizes for the Christmas Decoration Contest. There being no other discussion on the motion, Mayor Diamond called for the vote. The vote was 3 -1 in favor of the motion, Vice Mayor Hughes casting the negative vote. REPORT ON THE NAMING Mayor Diamond read the excerpts of the Resolution passed OF THE STREETS IN P.G.A. PLAT 1 September 28, 1964, whereby the Council had passed a resolution changing all the streets in P.G.A., Plat 1. Mayor Diamond recommended that the Manager send a copy of this excerpt of this meeting to Mrs. Mildred Peters and Mr. Henry Jewett. OLD BUSINESS Mayor Diamond opened the floor for discussion on the hospital contract with a group of doctors represented by Mr. Thomas Gallagher. Mayor Diamond recognized Dr. Greer, Lake Park, Florida, and gave him the floor. Dr. Greer then introduced Minutes of Regular. Meeting, December 11, 1967 Page 9 Mr. Lee Thompson and advised the Mayor and Council he was attorney for the Palm Beach County Osteopathic Doctors Association. Mayor Diamond then turned the meeting over to City Attorney, William Brant, and asked him to bring everyone up -to -date on the facts in regards to the contract that the City had submitted to Mr. Pitts, Attorney for Mr. Gallagher. Attorney Brant brought the Mayor and Council up -to -date on what had transpired between himself, Mr. Gallagher and Mr. Pitts. Mayor Diamond then recognized Mr. Gallagher and gave him the floor. Mr. Gallagher stated to the Mayor and Council that due to the fact that it appeared it would be impossible to get a release from Bankers Life or to establish the fact that they had a legal lien and to determine the amount of the lien or claim, he would propose that a new contract be drawn. He stated that the new contract would be a Lease Purchase Agreement whereby his organization, headed by various local doctors, would lease from the City the hospital and that within 15 days after Bankers' claim or release could be obtained, there would be a closing as per the original contract. He further stated that his organization would underwrite any legal expense in the event the City became involved in litigation in determining the amount of claim and securing a release from Bankers Life & Casualty so that they could conclude the purchase arrangements. He then stated his organization would present a performance bond in accordance with the terms and conditions of the agreement. He advised the Mayor and Council that in this agreement they would state that they would capitalize as a non- profit corporation in the amount of $200,000.00. Mayor Diamond then recognized Lee Thompson, Attorney for Minutes of Regular Meeting, December 11, 1967 Page 10 Palm Beach County Osteopathic Doctors Association. He stated that he would have to have time to review this Lease Purchase Agreement, and that he would have to discuss it with the members of his association before he could approve such a document. Mayor Diamond then directed a question to Attorney Brant, "Is there a process of law that we could get assistance from the courts to determine the amount of claim that Bankers Life and Bankers' position in the hospital ?" Attorney Brant advised the Mayor and Council that there was a process known as getting a declaratory decree and he expounded upon the process which would be followed to do so. There were several other questions between the Council and the City Attorney relative to the City's position in following this process and other processes to de- termine the amount of claim and the interest of Bankers Life I-- in the hospital. Mayor Diamond then suggested the following procedure be followed. He advised Mr. Gallagher, Dr. Greer and Mr. Thompson to get their organization together and prepare the Lease Purchase Agreement, execute and submit this agreement to the Council not later than Monday, December 18, 1967. He advised them that the Council would meet and discuss the contents of the agreement and would advise them on an informal basis of their recommendation to take to the regular workshop session to be held January 3, 1968 and then it would be referred to regular session of Council on January 8, 1967, at which time they would take appropriate action. N Minutes of Regular Meeting, December 11, 1967 Page 11 AUTHORITY TO CALL Motion by Vice Mayor Hughes, seconded by Councilman Bonner, FOR BIDS ON PARKING LOT AT MUNICIPAL that the City Engineer be authorized to draw the specifications COMPLEX and plans, and to proceed for the call for bids on the parking lot at the Municipal Complex site as outlined by the City Architect. Call for bids are to be January 8, 1968. There being no further discussion on the motion, Mayor Diamond called for the vote. The vote was 4 -0 in favor of the motion. APPROVAL FOR MANAGER TO Motion by Councilman Earle, seconded by Councilman Bonner, that PURCHASE TREASURY BILLS IN THE AMOUNT OF $100,000 the Manager be authorized to purchase six -month treasury bills in the amount of $100,000 for a net of $97,200. Vote was 4 -0 in favor of the motion. OTHER BUSINESS Mayor Diamond recognized Mr. Dave Wright and gave him the floor. Mr. Wright asked the Mayor and Council if any further study or any further plans had been developed for putting sidewalks along Holly Drive and Riverside Drive near the Palm Beach Gardens Elementary School. Mayor Diamond informed Mr. Wright that the Council, and the County Commission had met with regards to sidewalks and safety factors for transporting children to the various schools. He stated that the School Board members had been invited, but none of them showed up. He told Mr. Wright that there were various plans under study at present for four - laning Holly Drive and using traffic control devices to insure the safety of the children getting to and from the elementary school. He advised Mr. Wright that the Council was working diligently on the problem and felt that there would be some- thing forthcoming in the near future. ADJOURNMENT There being no further business, Mayor Diamond adjourned the meeting at 10:45 P.M. i Minutes of Regular Meeting, December 11, 1967 ATTESTED; 'ARYtfl. POSTON, CITY CLERK Page 12 APPROVED: R662rt C. Dimond, Mayor mes W. Hughes,— Tice 'Mayo/ George A. Bonner, Councilman � )J" � Lvt William D. Earle, Councilman Norman E. Brown, Councilman THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document 8939 Standard Form of Agreement Between Owner and Architect on a basis of a PERCENTAGE OF CONSTRUCTION COST AGREEMENT made this Fifteenth (15th) day of November in the year of Nineteen v Hundred and Sixth -Seven (67) BETWEEN City of Palm Beach Gardens 3704 Burns Road Palm Beach Gardens, Florida the Owner, and Marion, Baber, Paluga, Kaisrlik & Snell, Architects - Engineers 230 Royal Palm Way, the Architect. Palm Beach, Florida It is the intention of the Owner to Construct a city Hail on a site (approximately 20 acres) bounded on the South by Burns Road and the West by Military Trail, Palm Beach Gardens, Florida. hereinafter referred to as the Project. The Owner and the Architect agree as set forth below. W AIA DOCUMENT B131 • OWNER - ARCHITECT AGREEMENT • SEPTEMBER 1966 EDITION • AIA® -� © THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N,W , WASHINGTON, D C 2OW6 I' I. THE ARCHITECT shall provide professional services for the Project In accordance with the Terms and Conditions of this Agreement II. THE OWNER shall compensate the Architect, In accordance with the Terms and Conditions of this Agreement, as follows- a. FOR THE ARCHITECT'S BASIC SERVICES, as described in Paragraph 1.1, a Basic Fee computed at the following percentages of the Construction Cost, as defined in Article 3, for portions of the Project to be awarded under A Single Stipulated Sum Contract Eight per cent ( 8 %) per cent ( %) �A� rig(e�fL�st��l�s��e� tfaEt� per cent ( %) per cent ( %) b. FOR THE ARCHITECT'S ADDITIONAL SERVICES, as described in Paragraph 1.3, a fee computed as follows: Principals' time at the fixed rate of Sixteen dollars ($ 16.00 ) per hour. For the purposes of this Agreement, the Principals are John B. Marion, Dwight R. Baber, Joseph J. Paluga, David L. Kaisrlik, and William A. Snell. Employees' time computed at a multiple of TWO and One—half( 2.5 ) times the employees' Direct Personnel Expense as defined in Article 4. Additional services of professional consultants engaged for the normal structural, me- chanical and electrical engineering services at a multiple of One and One- -fifth ( 1.20 1 times the amount billed to the Architect for such additional services c. FOR THE ARCHITECT'S REIMBURSABLE EXPENSES, amounts expended as defined in Article -5. d THE TIMES AND FURTHER CONDITIONS OF PAYMENT shall be as described In Article 6 AIA DOCUMENT 0131 • OWNER- ARCHITECT AGREEMENT • SEPTEMBER 1966 EDITION • AIA® 2 „-, © THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W, WASHINGTON, D C 20006 TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ARCHITECT'S SERVICES 1.1 BASIC SERVICES The Architect's Basic Services consist of the five phases described below and Include normal struc- tural, mechanical and electrical engineering services. SCHEMATIC DESIGN PHASE 1.1.1 The Architect shall consult with the Owner to as- certain the requirements of the Project and shalt confirm such requirements to the Owner. 1.1.2 The Architect shall prepare Schematic Design Studies consisting of drawings and other documents illus- trating the scale and relationship of Protect components for approval by the Owner. 1.1.3 The Architect shall submit to the Owner a State- ment of Probable Construction Cost based on current area, volume or other unit costs. DESIGN DEVELOPMENT PHASE 1.1.4 The Architect shall prepare from the approved Schematic Design Studies, for approval by the Owner, the Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the entire Project as to structural, mechani- cal and electrical systems, materials and such other essen- tials as may be appropriate 1.1.5 The Architect shall submit to the Owner a further Statement of Probable Construction Cost. CONSTRUCTION DOCUMENTS PHASE 1.1.6 The Architect shall prepare from the approved De- sign Development Documents, for approval by the Own- er, Working Drawings and Specifications setting forth in detail the requirements for the construction of the entire Project including the necessary bidding Information, and shall assist in the preparation of bidding forms, the Con- ditions of the Contract, and the form of Agreement be- tween the Owner and the Contractor. 1.1.7 The Architect shall advise the Owner of any ad- justments to previous Statements of Probable Construction Cost indicated by changes in requirements or general market conditions. 1.1.8 The Architect shall assist the Owner in filing the required documents for the approval of governmental authorities having jurisdiction over the Project. BIDDING OR NEGOTIATION PHASE 1.1.9 The Architect, following the Owner's approval of the Construction Documents and of the latest Statement of Probable Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals, and in awarding and preparing construction contracts CONSTRUCTION PHASE — ADMINISTRATION OF THE CONSTRUCTION CONTRACT 1.1.10 The Construction Phase will commence with the award of the Construction Contract and will terminate when final payment Is made by the Owner to the Con- tractor 1.1.11 The Architect shall provide Administration of the Construction Contract as set forth in Articles 1 through 14 Inclusive of the General Conditions of the Contract for Construction, AIA Document A201, Tenth Edition dated September 1966, and the extent of his duties and respon- sibilities and the limitations of his authority as assigned thereunder shall not be modified without his written consent. 1.1.12 The Architect, as the representative of the Owner during the Construction Phase, shall advise and consult with the Owner and all of the Owner's instructions to the Contractor shall be Issued through the Architect The Architect shall have authority to act on behalf of the Owner to the extent provided in the General Conditions unless otherwise modified in writing 1.1.13 The Architect shall at all times have access to the Work wherever it is in preparation or progress. 1.1.14 The Architect shall 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 Doc- uments. On the basis of his on -site observations as an Architect, he shall endeavor to guard the Owner against defects and deficiencies in the Work of the Contractor. The Architect shall not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work The Architect shall not be respon- sible tar construction means, methods, techniques, se- quences or procedures, or for safety precautions and programs in connection with the Work, and he shall not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. 1.1.15 Based on such observations at the site and on the Contractor's Applications for Payment, the Architect shall determine the amount owing to the Contractor and shall issue Certificates for Payment in such amounts. The is- suance of a Certificate for Payment shall constitute a rep- resentation by the Architect to the Owner, based on the Architect's observations at the site as provided in Sub- paragraph 1 1 14 and on the data comprising the Appli- cation for Payment, that the Work has progressed to the point indicated, that to the best of the Architect's knowl- edge, Information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole upon Substantial Completion, to the results of any subsequent tests required by the Contract Documents, to minor ADO CUMENT B131 -OWN ER-ARCH I TECT AGREEMENT • SEPrEMBER 1966 EDITION • AIA(t © THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W, WASHINGTON, D C 20006 deviations from the Contract Documents correctable prior to completion, and to any specific qualifications stated In the Certificate for Payment), and that the Con- tractor is entitled to payment in the amount certified. By Issuing a Certificate for Payment, the Architect shall not be deemed to represent that he has made any examina- tion to ascertain how and for what purpose the Contrac- tor has used the moneys paid on account of the Contract Sum 1.1.16 The Architect shall be, in the first Instance, the Interpreter of the requirements of the Contract Docu- ments and the Impartial judge of the performance there- under by both the Owner and Contractor The Architect shall make decisions on all claims of the Owner or Con- tractor relating to the execution and progress of the Work and on all other matters or questions related thereto. The Architect's decisions in matters relating to artistic effect shall be final if consistent with the intent of the Contract Documents 1.1.17 The Architect shall have authority to reject Work which does not conform to the Contract Documents The Architect shall also have authority to require the Contrac- tor to stop the Work whenever in his reasonable opinion it may be necessary for the proper performance of the Contract. The Architect shall not be liable to the Owner for the consequences of any decision made by him In good faith either to exercise or not to exercise his author- ity to stop the Work. 1.1.18 The Architect shall review and approve shop drawings, samples, and other submissions of the Contrac- tor only for conformance with the design concept of the Project and for compliance with the Information given in the Contract Documents. 1.1.19 The Architect shall prepare Change Orders. 1.1.20 The Architect shall conduct inspections to de- termine the Dates of Substantial Completion and Final Completion, shall receive written guarantees and related documents assembled by the Contractor, and shall issue a final Certificate for Payment. 1.1.21 The Architect shall not be responsible for the acts or omissions of the Contractor, or any Subcontractors, or any of the Contractor's or Subcontractors' agents or employees, or any other persons performing any of the Work. 1.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 1.2.1 If more extensive representation at the site than is described under Subparagraphs 1.1.10 through 1.1.21 inclusive is required, and if the Owner and Architect agree, the Architect shall provide one or more Full -time Project Representatives to assist the Architect 1.2.2 Such Full -time Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall be compensated therefor as mutually agreed between the Owner and the Architect as set forth in an exhibit appended to this Agreement 1.2.3 The duties, responsibilities and limitations of au- thority of such Full -time Project Representatives shall be set forth in an exhibit appended to this Agreement. 1.2.4 Through the on -site observations by Full -time Proj- ect Representatives of the Work in progress, the Architect shall endeavor to provide further protection for the Owner against defects in the Work, but the furnishing of such protect representation shall not make the Architect responsible for the Contractor's failure to perform the Work in accordance with the Contract Documents, 1.3 ADDITIONAL SERVICES The following services are not covered in Paragraphs 11 or 1.2 If any of these Additional Services are authorized by the Owner, they shall be paid for by the Owner as herembefore provided. 1.3.1 Providing special analyses of the Owner's needs, and programming the requirements of the Project. 1.3.2 Providing financial feasibility or other special studies. 1.3.3 Providing planning surveys, site evaluations, or comparative studies of prospective sites. 1.3.4 Making measured drawings of existing construc- tion when required for planning additions or alterations thereto. 1.3.5 Revising previously approved Drawings, Specifica- tions or other documents to accomplish changes not initi- ated by the Architect 1,3.6 Preparing Change Orders and supporting data where the change in the Basic Fee resulting from the ad- justed Contract Sum is not commensurate with the Archi- tect's services required. 1.3.7 Preparing documents for alternate bids requested by the Owner. 1.3.8 Providing Detailed Estimates of Construction Costs 1.3.9 Providing consultation concerning replacement of any Work damaged by fire or other cause during construc- tion, and furnishing professional services of the type set forth in Paragraph 1.1 as may be required in connection with the replacement of such Work. 1,3.10 Providing professional services made necessary by the default of the Contractor in the performance of the Construction Contract. 1,3.11 Providing Contract Administration and observa- tion of construction after the Contract Time has been ex- ceeded by more than twenty per cent through no fault of the Architect 1.3.12 Furnishing the Owner a set of reproducible rec- ord prints of drawings showing significant changes made during the construction process, based on marked up prints, drawings and other data furnished by the Contrac- tor to the Architect. 1.3.13 Providing services after final payment to the Contractor. 1.3.14 Providing interior design and other services re- quired for or in connection with the selection of furni- ture and furnishings. 1.3.15 Providing services as an expert witness in con- nection with any public hearing, arbitration proceeding, or the proceedings of a court of record. 13.16 Providing services for planning tenant or rental spaces. AIA DOCUMENT 8131 • OWNER - ARCHITECT AGREEMENT • SEPTEMBER 1966 EDITION • AIA® © THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W, WASHINGTON, D C 20006 ARTICLE 2 THE OWNER'S RESPONSIBILITIES 2.1 The Owner shall provide tull information regarding his requirements for the Project. 2.2 The Owner shall designate, when necessary, a rep- resentative authorized to act in his behalf with respect to the Protect. The Owner or his representative shall exam- ine documents submitted by the Architect and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architect's work. 2.3 The Owner shall furnish a certified land survey of the site giving, as applicable, grades and lines of streets, alleys, pavements and adjoining property; rights of way, restrictions, easements, encroachments, zoning, deed re- strictions, boundaries and contours of the site, locations, dimensions and complete data pertaining to existing buildings, other improvements and trees, and full infor- mation concerning available service and atihty lines both public and private. 2.4 The Owner shall furnish the services of a soils en- gineer, when such services are deemed necessary by the Architect, including reports, test borings, test pits, soil bearing values and other necessary operations for determining subsoil conditions. 2.5 The Owner shall furnish structural, mechanical, chemical and other laboratory tests, inspections and re- ports as required by law or the Contract Documents 2.6 The Owner shall furnish such legal, accounting and insurance counselling services as may be necessary for the Protect, and such auditing services as he may require to ascertain how or for what purposes the Contractor has used the moneys paid to him under the Construction Contract. 2.7 The services, information, surveys and reports re- quired by Paragraphs 2.3 through 2.6 inclusive shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy thereof. 2.8 If the Owner observes or otherwise becomes aware of any fault or defect in the Project or non - conformance with the Contract Documents, he shall give prompt writ- ten notice thereof to the Architect. 2.9 The Owner shall furnish information required of him as expeditiously as necessary for the orderly progress of the Work. ARTICLE 3 CONSTRUCTION COST 3.1 Construction Cost to be used as a basis for deter- mining the Architect's Fee for all Work designed or speci- fied by the Architect, including labor, materials, equip- ment and furnishings, shall be determined as follows, with precedence in the order listed: 3.1.1 For completed construction, the total cost of all such Work; 3.1.2 For work not constructed, the lowest bona fide bid received from a qualified bidder for any or all of such work; or 3.1.3 For work for which bids are not received, (1) the latest Detailed Cost Estimate, or (2) the Architect's latest Statement of Probable Construction Cost. 3.2 Construction Cost does not include the fees of the Architect and consultants, the cost of the land, rights -of- way, or other costs which are the responsibility of the Owner as provided in Paragraphs 2 3 through 2.6 inclu- sive. 3.3 Labor furnished by the Owner for the Project shall be included in the Construction Cost at current market rates. Materials and equipment furnished by the Owner shall be included at current market prices, except that used materials and equipment shall be included as if purchased new for the Project. 3.4 Statements of Probable Construction Cost and De- tailed Cost Estimates prepared by the Architect represent his best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the Owner has any control over the cost of labor, materials or equipment, over the con- tractors' methods of determining bid prices, or over com- petitive bidding or market conditions. Accordingly, the Architect cannot and does not guarantee that bids will not vary from any Statement of Probable Construction Cost or other cost estimate prepared by him 3.5 When a fixed limit of Construction Cost is estab- lished as a condition of this Agreement, it shall include a bidding contingency of ten per cent unless another amount is agreed upon in writing. When such a fixed limit is established, the Architect shall he permitted to deter- mine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, and to make reasonable adjustments in the scope of the Project to bring it within the fixed limit. The Architect may also include in the Contract Documents alternate bids to adjust the Construction Cost to the fixed limit 3.5.1 If the lowest bona fide bid, the Detailed Cost Esti- mate or the Statement of Probable Construction Cost ex- ceeds such fixed limit of Construction Cost (Including the bidding contingency) established as a condition of this Agreement, the Owner shall (1) give written approval of an Increase in such fixed limit, (2) authorize rebidding the Protect within a reasonable time, or (3) cooperate in revising the Project scope and quality as required to re- duce the Probable Construction Cost. In the case of (3) the Architect, without additional charge, shall modify the Drawings and Specifications as necessary to bring the Construction Cost within the fixed limit. The providing of this service shall be the limit of the Architect's responsi- bility in this regard, and having done so, the Architect shall be entitled to his fees In accordance with this Agreement. ADO CUMENT B131 -OWN ER-ARCH IT ECT AGREEMENT • SEPTEMBER 1966 EDITION • AIA® © THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W , WASHINGTON, D C 20006 ARTICLE 4 DIRECT PERSONNEL EXPENSE 4.1 Direct Personnel Expense of employees engaged on the Protect Includes architects, engineers, designers, job captains, draftsmen, specification writers and typists, In consultation, research and design, in producing Drawings, Specifications and other documents pertaining to the Protect, and in services during construction at the site. 4.2 Direct Personnel Expense includes cost of salaries and of mandatory and customary benefits such as statu- tory employee benefits, insurance, sick leave, holidays and vacations, pensions and similar benefits. ARTICLE 5 REIMBURSABLE EXPENSES 5.1 Reimbursable Expenses are in addition to the Fees for Basic and Additional Services and Include actual ex- penditures made by the Architect, his employees, or his consultants in the interest of the Project for the following incidental expenses listed In the following Subparagraphs 5.1.7 Expense of transportation and living when travel- ing in connection with the Protect for other than reg- ular trips from the office to the site, and for long distance calls and telegrams. 5.1.2 Expense of reproductions, postage and handling of Drawings and Specifications, excluding copies for Archi- tect'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 Protect. 5.1.3 If authorized in advance by the Owner, the ex- pense of overtime work requiring higher than regular rates; perspectives or models for the Owner's use; and fees of special consultants for other than the normal struc- tural, mechanical and electrical engineering services. ARTICLE 6 PAYMENTS TO THE ARCHITECT 6.1 Payments on account of the Architect's Basic Serv- ices shall be made as follows: 6.1.1 An initial payment of five per cent of the Basic Fee calculated upon an agreed estimated cost of the Project, payable upon execution of this Agreement, is the minimum payment under this Agreement 6.1.2 Subsequent payments shall be made monthly In proportion to services performed to Increase the compen- sation for Basic Services to the following percentages of the Basic Fee at the completion of each phase of the Work: Schematic Design Phase .... .... 15% Design Development Phase ...... 35% Construction Documents Phase .. 75% Bidding or Negotiation Phase .. 801/o Construction Phase . ....... 100% 6.2 Payments for Additional Services of the Architect as defined in Paragraph 1 3, and for Reimbursable Expenses as defined in Article 5, shall be made monthly upon presentation of the Architect's statement of services ren- dered 6.3 No deductions shall be made from the Architect's compensation on account of penalty, liquidated dam- ages, or other sums withheld from payments to con- tractors. 6.4 If the Project is suspended for more than three months or abandoned in whole or In part, the Architect shall be paid his Fees for Services performed prior to re- ceipt of written notice from the Owner of such suspen- sion or abandonment, together with Reimbursable Ex- penses then due and all terminal expenses resulting from such suspension or abandonment ARTICLE 7 ARCHITECT'S ACCOUNTING RECORDS Records of the Architect's Direct Personnel, Consultant and Reimbursable Expenses pertaining to the Protect, and records of accounts between the Owner and the Con- tractor, shall be kept on a generally recognized accounting basis and shall be available to the Owner or his author- ized representative at mutually convenient times, ARTICLE 8 TERMINATION OF AGREEMENT This Agreement may be terminated by either party upon seven days' written notice should the other party fail substantially to perform in accordance with its terms through no fault of the other In the event of termination due to the fault of others than the Architect, the Archi- tect shall be paid his Fees for Services performed to ter- mination date, including Reimbursable Expenses then due and all terminal expenses. ARTICLE 9 OWNERSHIP OF DOCUMENTS Drawings and Specifications as instruments of service are and shall remain the property of the Architect whether the Protect for which they are made Is executed or not. They are not to be used by the Owner on other projects or extensions to this Project except by agreement in writ- ing and with appropriate compensation to the Architect AtA DOCUMENT B131 • OWNER- ARCHITECT AGREEMENT • SEPTEMBER 1966FDITION • AIA® 6 �i © THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W , WASHINGTON, D C 20006 ARTICLE 10 SUCCESSORS AND ASSIGNS The Owner and the Architect each binds himself, his partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign, sublet or transfer his interest in this Agreement without the written consent of the other. ARTICLE 11 ARBITRATION 11.1 All claims, disputes and other matters in question arising out of, or relating to, this Agreement or the breach thereof shall be decided by arbitration in accord- ance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining. This agreement so to arbitrate shall be specifically enforceable under the prevailing arbitration law 11.2 Notice of the demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association The demand shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after Institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. 11.3 The award rendered by the arbitrators shall be final, and judgment may be entered upon it In any court having jurisdiction thereof. ARTICLE 12 EXTENT OF AGREEMENT This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral This Agreement may be amended only by written Instrument signed by both Owner and Architect ARTICLE 13 APPLICABLE LAW Unless otherwise specified, this Agreement shall be gov- erned by the law of the principal place of business of the Architect 'j; THE ��• �m nis1 • UWNER•ARCNITECT AGREEMENT • SEPTEMRER 1966 EDITION • AIAQ �--� AMERICAN 'IN' OF ARCHITECTS, 1735 NEW YORK AVENUE, N w, WASHINGTON, D C 2ODD6 u This Agreement executed the day and year first written above. Marion, Baber, Paluga, OWNE City of Pal each Gardens ARCHITECT Kaisrlik & Snell ^ �` , Architect's Reg Yauiwts- Engineers IC4 v ��' /) Rot C{. Diamond; Mayor Attest )z ' r4l''I". '_ , John B. Marion, Partner Architect's Registration Igo. 2283 to ica E. it_y Clerk WitnEs ASA DOCUMENT 8131 • OWNER- ARCHITECT AGREEMENT • SEPTEMBER 1966 EDITION . AIA0 �...� © THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W, WASHINGTON, D C 20006