HomeMy Public PortalAbout1967_03_22 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MARCH 22, 1967.
A regular meeting of the Leesburg Town Council was held in the Council
Chambers, 12 W. Loudoun Street, Leesburg, Virginia, on March 22, 1967 at 12 Noon.
The meeting was called to order by Mayor Kenneth B. Rollins. Others present
were Councilmen C. A. English Cole , C. Maloy Fishback, Maurice R. Lowenbach, Jr. ,
Walter F. Murray , Robert A. Orr and John W. Pumphrey; also Town Manager James W. -
Ritter , Jr.
The Minutes of the meeting of March 8, 1967 were approved as written.
Town Manager Ritter reported that the Town is receiving a considerable
number of complaints about dogs and that there is a possibility that there may
be a delegation of citizens present at a Council meeting soon regarding this
nuisance.
Mr. Ritter also reported that there are several trees on S. King Street
which should be removed , two in front of Tom Donohoe 's and one in front of Dr.
Smoot 's, both of whom have expressed a definite desire to see these trees re-
moved. There is also one in front of Miss Ethel Morris and one in front of
Arthur Jenkins that should come out , neither of which have been discussed with
these people. Mr. Ritter said he had called Asplundh Tree Co. and they have
given him a rate of SS140.00 a day for their crew to do this work, they would
cut them down to where the Town could remove the remainder with the dozer and
we would dispose of the brush. Mr. Ritter recommended that we hire Asplundh
to do this work on this basis, stating that he did not think it would take more
than a day or two to do this work.
He reported that he had talked with Mr. Colgan of Colgan Airways in Ma-
nassas and that he is very anxious to get the feeling of the Council on their
proposed lease of 8 acres at the Leesburg Airport. He said he told Mr. Colgan
that this would be discussed at the meeting today and that he would let him
know something.
Mr . Ritter also reported that he had a letter from John Paxton of Earth-
work, Inc. , in which Colonel Paxton said he had made an inspection of the Air-
port and found a number of things wrong out there. He was not hired to do this,
but has an interest in this Airport and made some suggestions to better the
situation. He says Chantilly Aviation is not doing a good job. We know this
and know that they are not living up to all conditions of their lease, but
they are paying their rent and offering some sort of service, selling gas,
storing planes after a fashion and doing some maintenance work. They know
what they can do and are living within certain terms of the lease , but they
are not doing a good job and the Town is being blamed for it, along with hurt-
ing the Airport. This situation may take care of itself in time.
Mayor Rollins said that a delegation from Prospect Hills had expected to
appear before Council regarding the dog problem at this meeting, but since this
was being held during' the day , they would probably appear at the next Council
meeting. He said he thought their complaints evolved around the threat to
children 's lives, as well as the detriment to shrubbery. He said it would be
up to Council to decide whether they wanted to adopt a Dog Ordinance of its
own, that it could be made unlawful for a dog 'to be off of his owner 's property
unless on a leash, or else fine the owner.
Councilman Murray recommended that the Town Manager contact Mr. Arthur
Jenkins and Miss Ethel Morris regarding the trees in front of their homes.
If they have no objection, he thinks they' should come down, if they do ob-
ject , he would like to know what they object to. He thinks it would certainly
be an improvement to have these trees down.
Councilman Pumphrey said he would like to add to this by saying that Tom
Donohoe says he is putting the Town on notice that it is liable if these
trees fall on his house.
Mr. Ritter said he would like to have the feeling of the Council on cut-
ting down the first three trees he mentioned.
Councilman Orr said that Mr. Woodrow Fisher of Prospect Hills was com-
a plaining about the fact that' the rubble from the old Howard house has never
been removed. Mr. Ritter said he would take up this matter with Mr. Tom Scully,
the owner of the property.
35
MINUTES OF MARCH 22, 1967 MEETING.
Councilman Fishback moved that $140.00 be appropriated for the removal
of three trees on S. King Street , two in front of Tom Donohoe and one in front
of Dr. Smoot. This motion was seconded by Councilman Orr. However , Council-
man Cole objected to action being taken on this matter at this time. Mayor
Rollins referred this matter to committee, to be brought back to next Council
session.
A telephone call from the office of the Commissioner on Local Debt in
Richmond at this time revealed the following. bids on the $1 ,375,000 Bonds to
be sold : •
Anderson & Strudwick & Associates
3/% coupons all the way
$575.96 - Sewer Bond Premium .
304.04 - Public Improvement Bond Premium
Effective interest rate : 3.49432
Alex. Brown & Sons & Associates
3% coupons 1968-1969; 3.5 coupons 1970-1988 inclusive
Bid was par - pay face amount, no discount
Cj Effective interest rate : 3.494917
F. W. Craigie & Co. , Inc. & Associates
3)% coupons all the way
0 $179.10 - Sewer Bond Premium
94.53 - Public Improvement Bond Premium
Effective interest rate : 3.49823
Francis I. duPont Municipals, Inc . & Associates
31/2% coupons all the way
$63.00 - Sewer Bond Premium
33.25 - Public Improvement Bond Premium
Effective interest rate : 3.499378
Investment Corporation of Virginia & Associates
II/
3.60 coupons all the way
$1 ,444.77 - Sewer Bond Premium
762.52 - Public Improvement Bond Premium
Effective interest rate : 3.58575
It was recommended by Mr. J. Gordon Bennett, State Commissioner on Local Debt ,
that the low bid of Anderson & Strudwick be accepted.
Upon motion of Councilman Murray, seconded by Councilman Cole, the follow-
ing resolution was unanimously adopted :
RESOLUTION AWARDING 31,375,000 BONDS
OF THE TOWN OF LEESBURG
WHEREAS, the Town Council received sealed proposals for the pur-
chase of $900,000 Sewer and $475,000 Public Improvement Bonds of
the Town of Leesburg, dated March 15, 1967, until 12 o 'clock Noon
(Eastern Standard Time) on March 22, 1967, at the office of the
State Commission on Local Debt, Room 228, Finance Building, Capitol
Square, Richmond, Virginia, pursuant to the notice of sale of said
bonds published in accordance with the resolution adopted by the
Town Council on February 23, 1967, and
WHEREAS, the following list shows the name of each bidder who sub-
,' mitted a proposal and the price offered and the rates of interest
specified by such bidder.
NAME OF BIDDER PRICE OFFERED INTEREST RATES
Anderson & Strudwick $1 ,375,000 plus $880.00 31/2%
Alex. Brown & Sons $1 ,375,000 1968-1969-3.00%
1970-1988-3.50%
F. W. Craigie & Co. , Inc. $1 ,375 ,000 plus 6273.63 3YP%
36 '
MINUTES OF MARCH 22, 1967 MEETING.
Francis I. duPont
Municipals, Inc . - -
& Associates $1 ,375,000 plus $96.25 3.50%
Investment Corporation
of Virginia $1 ,375 ,000 plus $2,207.29 3.60%
and
WHEREAS, the Town Council , acting by its representatives, has accepted
the proposal to purchase said bonds, hereinafter referred to, NOW,
THEREFORE,
BE IT RESOLVED by the Town Council of the Town of Leesburg, Virginia,
as follows:
(1) The Town Council hereby approves and ratifies the action taken
to accept the proposal to purchase said bonds for the price of
$1 ,375,000, plus $880.00 and accrued interest submitted by Anderson &
Strudwick. •
(2) The $900,000 bonds payable in the years 1968 to 1987, inclusive, •
shall bear interest at the rate of 3)4% per annum. The $475,000 bonds
payable in the years 1970 to 1988, inclusive, shall bear interest at
the' rate of 3) 96 per annum. The bonds shall be of the denomination
of $5,000 each, and shall consist of 275 bonds numbered from 1 to 275,
inclusive , in the order of their maturity. -
(3) The Mayor and the Clerk of Council of the Town of Leesburg are
hereby authorized and directed to deliver said bonds to said pur-
chaser upon payment of the purchase price thereof.
Upon motion of Councilman Murray, seconded by Councilman- Pumphrey; Council
voted by unanimous roll call vote , after a great deal of discussion, to in-
vite Mr. Colgan to appear before Council at its next regular meeting on April
12th so that any member may be in a position to question him on certain or
all items of the proposed lease. Mayor Rollins asked that the- Airport Com-
mittee and the Finance Committee meet together to discuss- this proposed
lease and make recommendations regarding it.
Upon motion of Councilman Fishback, seconded by Councilman Pumphrey, and
after a great deal of discussion, Council voted unanimously to accept the
contract between William B. Dew, Jr. and the Town (copy attached hereto) to
draw up plans for a proposed new Town Hall.
Mayor Rollins appointed Councilmen Fishback and Pumphrey to investigate
and report back at the next Council meeting regarding the piece of property
located at the corner of Loudoun and Wirt Streets and the property located
on the south side of West Market Street now belonging to Leesburg Motors,
both of which pieces of property will be for sale in the future.
Upon motion of Councilman Fishback, seconded by Councilman Pumphrey, and
after a great deal of discussion , the following resolution was unanimously
adopted by roll call vote :
BE IT RESOLVED by the Town Council of the Town of Leesburg, that the
Town Manager be authorized to engage the services of an experienced
mechanic who is thoroughly familiar with motor graders, to inspect
and to determine the condition of an Austin Western Motor Grader be-
ing offered for sale by Cary Hall Equipment Co. in Richmond, at a
price of $5,900.00. •
II/Upon motion of Councilman Lowenbach , seconded by Councilman Murray, the
following resolution was unanimously adopted :
WHEREAS , a storm drain easement has been gotten by the Town of Lees-
burg across land owned by Wallace & Paulson just south of Edwards
- Ferry Road, and -
• WHEREAS, the terms and conditions of the Easement Deed are agreeable
• to both parties, -
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of
Leesburg, that an appropriation be made in the amount of $2,000.00
as consideration for said easement.
37 '
MINUTES OF MARCH 22, 1967 MEETING.
Upon motion of Councilman Cole , seconded by Councilman Murray, the follow-
ing resolution was unanimously adopted :
BE IT RESOLVED by the Town Council of the Town of Leesburg, that the
invoice from The Bond Buyer in the amount of 8497.35 for advertise- d
ment of the $1 ,375,000 Bond Sale be appropriated for payment.
Councilman Fishback brought to the attention of Council the fact that
the brick being placed on the front of a building on North King Street is
infringing on the Town 's sidewalk, and. he questioned who would be responsible
for any damage to the sidewalk. Mayor Rollins said Mr. diZerega had said they 'n,
' would hold the Town harmless regarding this and he asked Mr. Ritter to contact ;
Mr. diZerega regarding a written agreement on this matter.
There being no further business, the meeting adjourned at 1 :30 P.M.
Mayor
Clerk of tJe Council
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Standard Form of Agreement Between
Owner and Arehfteet
on a bads of a -
PERCENTAGE OF CONS TRUC F1ON COS'
AGREEMENT
made this L7 t'i day of Marian in the -ear of Nineteen
Hundred and S2-tj a.En
BETWEEN Poore -t' T ,e'c:urcc, Virginia
the Owner, and
gillittri iso 1ioa.D Tr:, the Architect.
!t is the intention of the Owner to _re , 1.t;r, ,i ._;
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hereinafter referred to as the Protect I
The Owner and the Architect agree as set forth heiow.
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A1.4PUf.UMf NI anf • .:N ., .,r.. ..t,. !N, n • .a • ,, . 2
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I. THE ARCHIlft: f shall prelude pro'es.,onal ser:ices for the Project in accordance with the Terms
>> and Concfit,nns or this Agreement •
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II. THE OWNER shall compensate the Architect, in accordance wtih the Terms and Condition; of
this Agreement, as follows -.
•
a. FOR THE ARCHITECT'S BASIC SERV/CIS, 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 ni
the Project to be awarded under
A Single Stipulated Sum Contract . . Oin per cent I 6 %.
Sepa-ate Stipulated Sum Contracclper cent %,
A Single Cost Plus Fee Contract • per cent i %i
Separate Cost Plus Fee Contracts per cent
b. FOR I HE ARCHITECT'S ADDITIONAL SERVICES, as desutbed in Paragraph 1.3, a fee computed
as follows:
Principals' time at the tried rale of `i ply° & 50/1Q0 dollars IS no% 1
per hour. For the purposes of this Agreement, the Principals arc'
Willinm B. Doug, Jr.
Employees' time computed at a multiple of two & one firth ( 202g (
times the employees' Direct Personnel Expense as defined in Article 4.
Additional services of prciesstonal consultants engaged for the normal stlu(tural, me-
chanical and electrical engineering services at a multiple of One per cent
( leQrf I times the amount pilled 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 he as described in Article 6.
•
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*III DOCUMENT 0131 • OWNER ArtIltrirT Ar:RktMr\r • sr:TIMBER •rti41'siii•J•• . ... _ —_ _—_-2
tc THE AMERICAN WsI!Ntc Vr ArliIitt1151:1i?tl\ :• i,. �,'i\,i. ,1,\tA.i:'\t.'EN n( 1A=,
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` TTERMS AND CONDITIONS OF -AGREEMENT BETWEEN OWNER AND ARCHITECT
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/ ARTICLE 1 obtaining bids or negotiated proposals, and in awarding
and preparing construction contracts.
ARCHITECT'S SERVICES CONSTRUCTION PHASE—ADMINISTRATION
OF THE CONSTRUCTION CONTRACT
1.1 BASIC SERVICES 1.1.10 The Construction Phase will commence with the
The Architects Basic Services consist of the five award of the Construction Contract and will terminate r
phases described below and include normal struc- when final payment is made by the Owner to the Con-a
tural, mechanical and electrical engineering sen9ices. tractor.
1.1.11 The Architect shall provide Administration of the
SCHEMATIC DESIGN PHASE Construction Cont'act as set forth in Articles 1 through 14
1.1.1 The Architect shall consult with the Owner to as- inclusive of the General Conditions of the Contract for
certain the requirements of the Project and shall confirm Construction, AIA Document ANT, tenth Edition dated
such requirements to the Owner. September 1966, and the extent of his duties and respon-
srbdrties and the limitations of his authority as assigned
1.1.2 The Architect shall prepare Schematic Design thereunder shall not be modified without his written
Studies consisting of drawings and other documents illus- consent. -
trating the scale and relationship of Project components •
for approval by the Owner. 1.1.12 The Architect, as the representative of the Owner
during the Construction Phase. shall advise and consult
1.13 The Architect shall submit to the Owner a State-
with the Owner and all of the Owner's instructions to the
ment of Probable Construction Cost based on current Contractor shall be issued through the Architect. The
area, volume or other unit costs. Architect shall have authority to act on behalf of the
Owner to the extent provided in the General Conditions
DESIGN DEVELOPMENT PHASE unless otherwise modified in writing. s
1.1.4 The Architect shall prepare from the approved 1.1.13 The Architect shall at all times have access to
Schematic Design Studies, for approval by the Owner, the the Work wherever it is in preparation or progress.
Design Development Documents consisting of drawings 11 14 The Architect shall make periodic visits to the
and other documents to fix and describe the size and site to familiarize himself generally with the progress and
character of the entire Project as to structural, i- quality of the Work and to determine in general if the
cal and electrical systems, materials and such otherei esse essen- Work is proceeding in accordance with the Contract Doc-
tials as may be appropriate. uments. On the basis of his on-site observations as an
1.1.5 The Architect shall submit to the Owner a further - Architect, he shall endeavor to guard the Owner against
Statement of Probable Construction Cost. defects and deficiencies in the Work of the Contractor.
The Architect shall not be required to make exhaustive
CONSTRUCTION DOCUMENTS PHASE or continuous on-site inspections to check the quality or
1.1.6 The Architect shall prepare from the approved De- quantity of the'Work. The Architect shall not be respon-
sign Development Documents. forapproval* the Own- sible tor construction means, methods, techniques, se-
er, Working Drawings and Specifications setting forth in quences or procedures, or for safety precautions and
detail the requirements for the construction of the entire programs in connection with the Work. and he shall not
Project including the necessary bidding information, and be responsible for the Contractor's failure to carry out the
shall assist in the preparation of bidding forms, the Con- Work in acccirclanre with the Contract Documents.
- ditions of the Contract, and the form of Agreement he- 1.1.15 Based on such observ•atians at the site and on the
tween the Owner and the Contractor. Contractor's Applications for Payment, the Architect shall
1.1.7 The Architect shall advise the Owner of any ad- determine the amount owing to the Contractor and shall
justments to previous Statements of Probable Construction issue Certificates for Payment in such amounts. The is-
Cost indicated by changes in requirements or general suance of a Certificate for Payment shall constitute a rep-
market conditions. resentation by the Architect to the Owner, based on the
Architect's observations at the site as provided :n Sub-
1,1.8 The Architect shall assist the Owner in filing the .paragraph 1.1.14 and on the data comprising the Appli-
required documents for the approval of governmental cation for Payment. that the Work has progressed to the
authorities having jurisdiction over the Project. point indicated; that to the best of the Architect's knowl-
- edge, information and belief, the quality of the Work is
BIDDING OR NEGOTIATION PHASE in accordance with the Contract Documents (sub;er t to
1.1.9 The Architect, following the Owner's approval of an evaluation of the Work as a functnming whole upon
the Construction Documents and of the latest Statement Substantial'Cornpletion, to the results of any subsequent
of Probable Construction Cost, shall assist the Owner in tests required by the Contract Documents, to minor
i AIA DOCUMENT 0131 • OwNER-ARCHITECT AGREEMENT • SEPT EMU R 1966 DITIODD.N •Ain€ 3
®THE AMERICAN INSTITUTE Of ARCHITECTS,1735 NEW YORK AVENUE,NM.,
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de'.rations from ter C tat-art I`.u•!:)tams •.0 t 0. .'410 t:ssner :gains! defei is in :n' excel. '.mat toe it.-nishing m
p r.'.r to son Pfeil'," -1-O .r .pm •t•.r•nn• suit._•.it 'or', lipee(t ,r prtsrn:.,! •u•. shai! ran nmai v ;n, Architor:
stated in the (-codae: a In, n1'.••esi.tr mrd coat !Ili t.ot re•Iemrh t,'e .or the C collar for •„ 14.1••• t" toe irir i1.• .
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/// tractor is entitled to pa:ment in the mneurt ..eft':rt rt 13v Work in •,•,,-star cC nib the Cr.ntiaCi i,ou'ments.
tisuing a Certificate it.; P.1%went. Me '\rci,t'• t shah t^,t
r he c!eemed to represent that he It.s orad, an\ 'ironer.) •.1.3 ADDITIONAL S(RV!CES
tion 'u ascertatr I ow and ;ea •::h,.t purpose "se r nn:'U- me fu : lent; s^is .e, are roil so-.crco in Paregrarhs
tor has used the moneys paid on account in :he Contract 1.1 or 1._. It any et th.es• Additional Services air
Sum. authorized by the Owner, they shall he paid for til
1.1.16 The Architect shall be. to the first instance. the the (inner as here•nhetore provided.
interpreter of the requirements of the Contract Duca 1.3.1 Ponding snrna: midis.es of the Owner's needs,
ments and the impartial judge to the performance there and m` r•O;nrcmcn(c Of the Yro s ct.
under by both the On net and Contractor The Architect programming • 1`
shall make decisions on a'i tlann, of the Owner os Con- 1.3.2 Pun ding financial feasibility or other special
tractor relating to the ever-utter and progress of the Work studies
and on all other matters or queti,ns oilat'd thereto. 1.3.3 Providing planning sun'ete. site evaluations, or
The Architect's decisions it matter; relating to artistic comparative studies of prosper.rise site..
effect shall he final if consistent with the intent of the
Contract Documents. 1.3.4 Making measured drawings Ili rm.iing construc-
tion when required Mr planning additior:s or alterations
1.1.17 The Architect •hall have authority; to reject V.ork thereto
which doe not conform to the Contract Documents. The -
Architect shall also have authority to require the Contrac- 1.3.5 Revising pie\!m isty' approved Drawings, Specifica-
tor to stop the Work ss it:revrr in jus reasonable Opinion tinct' or orl'.•r 'lot.i me:its to accomplish changes not inn,-
it may be necessary for the proper per onnam e of the atcri by the Ar,hitect.
Contract. The AuInter! -hail nal be liable to the Ossnor 1.3.6 Preparing Change o'de', and supporting data
for the 'onscq urn ccs or any derision made by him to ss her` the change u- true ct,. .r tee srsetting nom roost- id-
good faith either to co-rise or not to exercise ni, author- tossed Centric; Sum is Oct r'.nn.erv,urate s•irh thc \rcri.
ity to`top the Work. te_t•s services required
1.1.18 The Architect shill :cs•,•w :rid approve shop 1.3.7 Preparing documents for ahem ere bids requested
$ samples, Contrac- „
drawings, and orr,•t•r soinsnu:n, o
!- : f the Ct - s
ty the civ.nor.
for only for conn'mance with 0 r: design cent opt of the
Project and for comp' a^.c with the information gi'.en 1.3.8 Puna int; Detailed tsln,ares of C rush cit hon
in the. Contract Documents Cott' .
• 1.1.19 The Architect shall pia pare Change Order, 1.3.9 Providing (Uncut:Ilion concerting replacement of
1.1 20 The Architect s'•all cmiduct +nspectin`s to de- any Work di raged by Fre Or umc: rabv•(luring U.instrrIC
(ermine the Dates of nib,tannal Completion and Final tion, anc! furnishing !rut esstonal ;, ..,,i s r,t the •ype set
Completion, shall ret;•ile l.r•tten guarantees and related forth in Pat agraph 1.1 as may be required to connection
documents assembled by the C ontrart ir. and shall issue a with the reph.cem.ant ut such Work
final Certificate for Papment. 1.3.10 Providing profession„l cervices made necessary
1.1.21 The Architect shill no: he responsible for the by thc re-fault of the Contrator in the pertcr'nani a of the
acts or ami;stops of the Contractor. or any Subcontractors, Construction Contract.
or ahs of the Contractor's or Sobcont.actors agents or 1.3.11 Providing C.o,atratt' A•!m.%r .trat,',n acid nbsrsa-
emptovees. Or any ether persons performi n, ary cr the leom of cansuurt .in .trot the Cort;;, i L•mr has [teen e
4bork,. ceeded by men than mcn(e per Gene throui ie no Inu'r
1.2 PROMO 0.FF'RESFNTril lr)N RES Ohl) BASIC SERVICES of :he Architect.
1.2.1 If more estensise represeniai,on at the site than 1.3.12 Furnishing the Owner a cet cit reproducible yet-
is
t-
is described under Subparagraphs 1.1.10 through 11.21 mid prints of drawings:;howtrig significant changes made
• isciusise is required,and if th-m Owner and .Architer I agree, during the: mnclrur,On pros based no ma,ked up
the Architect shalt' pr,niri•• one or more Fuii-time Protect prints: dra.vings and otbet data turn,shed int the Contrar-
Representatives to assist the Architect. for to the Art hitect.
1.2.2 Such Full-trine Project P.opresrntatis es shall he .
1.3.13 Providing sewer••s liter !mal pay merit to 'he
se!e:ted,employed and directed hy.the rlrch;trct. and the Contractor.
Architect shall be compensated :F'erefor as mutually
agreed between tl-e Ova ne. and the At ch;tect as set forth 1.3.14 Prsiding into-,,r mle. gn and •.the- sense, re-
in an exhibit append.'I to t A2 ertnent. goiter] for Cr in connection ss•'e the sete_h in u: turn -
tore arra furnishings
1.2.3 the duties. .-,; omit) , es and limitations of au-
thor tsar of such Fill; t:, r• P'alon Ren,.- end etfstc shall be 1.3.15 P'ostritng SM..ii c, as :n ismer; ;slues- :.m-trio
cct '.vrth to an co naw' pa. et!. (I to t', .. Agreement. no, tic., .eh ars! t ,,,,t,,• heire g a.r. draepn nn-myelin
'-r ibe limos ced,rIt, of a Medd of 'C;(ed,
1.2.4 ;'rough ine on c re , h., ti ;Mins hs Ful:-t.^se hill-
est Retires.h'a'rt(s or i'`.' Work in grog;.`s, the Arch-as- 1.3.16 Pios:dreg •ar. •es f..' Ola •r rig levant or ret t.,!
shall endeaser to pros'de furl:lei .rotection tor the shares.
AlA DOCI-ML'7 B'mt • t,tlst) ARC I t r sc'Itl'rf.: • tr'sY•'iR "sr,' - r nIA$ 4
I. to it i 'wtga?` s:m 7 ti c, Av,-. ,:,, , . sirs: tor.A A.E`:E. :W. n
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ARTICLE 2 • 3.1.1 For completed construction, the total cost of all
such Work;
/ THE OWNER'S RESPONSIBILITIES .
3.1.2 For work not onstrin tt E), the lowest bona fide
2.1 The Owjner shall provide full information regarding bid received from a qualified bidder for any or all of such
his requirements for the Project. -work; or
2.2 The Owner shall designate, when necessary, a rep- 3.1.3 For work for which bids are not received, (1) the
resentative authorized to act in his behalf with respect to latest Detailed Cost Estimate, or (2) the Architect's latest
the Project. The Owner or his representative shall e,xam- Statement of Probable Construction Cost.
ine documents submitted by the Architect and shalt G
render decisions pertaining thereto promptly, to avoid 3.2 Construction Cost does not include the fees of the
unreasonable delay in the progress of the Architect's Architect and consultants, the cost of the land, rights-of-
work way, or other costs which are the responsibility of the
ss Owner as provided in Paragraphs 2.3 through 2.6 inclu-
2.3 The Owner shall furnish a certified land survey of the . sive.
site giving, as applicable, grades and lines of streets,
alleys, pavements and adjoining property; rights of way, 3.3 Labor furnished by the Owner for the Project shalt
restrictions, easements, encroachments, zoning, deed re- be included in the Construction Cost at current market
stnctions, boundaries and contours of the site; locations, rates. Materials and equipment furnished by the Owner
dimensions and complete data pertaining to existing shall be included at current market prices, except that
buildings, other improvements and trees; and full intor- used materials and equipment shall be included as if
mation concerning available service and utility lines both purchased new for the Project.
public and private. 3.4 Statements of Probable Construction Cost and De-
2.4 The Owner shall furnish the services of a sols en- tailed Co-A Estimates prepared by the Architect represent
gineer, when such sen are deemed necessary by his best judgment as a design professional familiar with
_
the Architect, including reports, test borings, test pits, the construction industry. It is recognized, however, that
soil bearing values and other necessary operations for neither the Architoct nor the Owner has any control over �,
determining subsoil conditions. the cost of labor, materials or equipment..over the con-
2.5 The Owner shall furnish structural, mechanical, tractors' methods of determining bid prices, or ober com-
chemical and other laboratory tests, inspections and re- petitive bidding or market conditions. Accordingly, the ` 'I
ports as required by law or the Contract Documents. Architect cannot and does not guarantee that bids w•if not tl
vary from any Statement of Probable Construction Cost
2.6 The Owner shall furnish such legal, accounting and or other cost estimate prepared by him.
insurance counselling services as may be necessary for the ii
Project, and such auditing services as he may require to 3.5 When a fixed limit of Construction Cost is estab-
ascertain how or for what purposes the Contractor has fished as a condition of this Agreement, it shall include a
used the moneys paid to' him under the Construction bidding contingency of ten per cent unless another
Contract. amount is agreed upon in writing. When such a fixed limit
is established, the Architect shall be permitted to deter-
2.7 The services, information, surveys and reports re- mine what materials, equipment. component systems and
quired by Paragraphs 2.3 through 2.6 inclusive shall be types of construction are to he included in the Contract
furnished at the Owner's expense, and the Architect shall Documents, and to make reasonable adjustments in the
be entitled to rely upon the accuracy thereof. scope of the Project to bring it within the fixed limit. The
2.8 If the Owner observes or otherwise becomes aware
Architect may also include :n the Contract Documents
of any fault.or defect in the Project or non-conformance alternate bids to adjust the Construction Cost to the fixed
with the Contract Documents, he shall give prompt writ-,‘ limit.
3.5.1 If the lowest bona fide bid, the Detailed Cost Esti- �
ten notice thereof to the Architect. �
• 2.9 The Owner shall furnish information required of him mate or the Statement of Probable Construction Cost ex- ,
as expeditiously as necessary for the orderly progress of ceeds such fixed limit of Construction Cost (including the ,
the Work 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 Project within a reasonable time, or (3) cooperate in • ,
ARTICLE 3 ' revising the Project scope and quality as required to re-
-- duce the Probable Construction Cost. In the case of (3) i
CONSTRUCTION COST . the Architect, without additional charge, shall modi
the Drawings arid Specifications as necessary to bring th 1
3.1 Construction Cost to be used as a basis for deter- Construction Cost within the fixed limit. The providing a
mining the Architect's Fee for all Work designed or sped- this service shall be the limit of the Architect's respons
fled by the Architect, including labor,- materials, equip- hility in this regard. and having done so, the Archite
ment and furnishings,shall be determined as follows, with • shall be entitled to his fees in accordance with d '
precedence in the order listed: Agreement. j '2
AIA DOCUMENT 0131 • OWNER-ARCHITECT AGREEMENT • SEPTEMBER 1966 EDITION • AtA® t f
• ®THE AMERICAN INSTITUTE Or ARCHITECTS,ins NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006
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- ARTICLE 4 6.2 Payments for Additional Services of the Architect as
DIRECT PERSONNEL EXPENSE as defined in Article 5. shall be made monthly upon
4.1 Direct Personnel Expense of employees engaged on - presentation of the Architect's statement of services ran-
/ the Project includes architects, engineers, designers, job �derfi�'ned in Paragraph 1.3, and for Reimbursable Expenses
captains, draftsmen, specification writers and typists, in 6.3 No deductions shall be made from the Architect's
consultation, research and design, in producing Drawings, . compensation on account of penalty, liquidated dam-
Specifications and other documents pertaining to the ages, or other sums withheld from payments to con-
Project,and in services during construction at the site. tractors.
4.2 Direct Personnel Expense includes cost'of salaries 6A If the Project is suspended
and of mandatory and customary benefits such as statu- whole for more than three (
tory employee benefits, insurance,sick leave,holidays and monthsll paidoabandoned foriSe or in part,rmthe Architectto
vatattors pensions and similar benefits. shall be his Fees 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
ARTICLE'5 'such suspension or abandonment
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EIMBURSAGLE ENSES -
5.1 Reimbursable Expenses are in addition to the Fees . . . _
for Basic and Additional Services and include actual ex- A[IYICLE Y
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: ARCHITECT'S ACCOUNTING RECORDS
3.1.1 Expense of transportation and living when travel-
ing in connection with the Project for other than reg-
and ReimbursableRecords of the Architect's Direct Personnel, Consultant
ular an
flips from the office to the site, and for long distanceExpenses pertaining to the Project, and
calls and telegrams. records of accounts between the Owner and the Con-
cal 2 Expense of reproductions, tractor, shall be kept on a generally recognized accounting
eP postage and handling of basis and shall be available to the Owner or his author-
Drawings and Specifications, excluding copies for Archi- ized representative at mutually convenient times.
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 Project.
3.1. If authorized in advance by the Owner, the ex-
pense of overtime work requiring higher than regular
rates; pispoctives or models for the Owner's use; and ARTICLE 8
fees of special consultants for other than the normal strut- TERMINATION OF AGREEMENT
tural,mechanical and electrical engineering services. .
This Agreement may be terminated by either party upon
seven days' written notice should the other party fail
ARTICLE 6 substantially to perform in accordance with its terms
PAYMENTS TO THE ARCHITECT through no fault of the other. In the event of termination
due to the fault of others than the Architect, the Archi-
61 Payncnts on account of the Architect's Basic Serv- tett shall be paid his Fees for Services performed to ter-
foes shall bo matle'as follows: mination date, including Reimbursable Expemea then due
6.1.1 An initial payment of five per cent of the Basic and all terminal expenses
•
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 • ARTICLE 9
proportion to services performed to increase the compen- 1
within for Basic Services to the following percentages of
the Basic Fee at the completion of each phase of the OWNERSHIP OF DOCUMENTS
Work:
Drawings and Specifications as instruments of servi•
Schematic Design Phase 15% are and shall remain the property of the Architect whethf
Design Development Phase 35% the Project for which they are made is executed or nr
Construction Documents Phase 75% • They are not to be used by the Owner on other proje
Bidding or Negotiation Phase ' 80% or extensions to this Project except by agreement in w
Construction Phase 100% iri and with
Mg appropriaze compensation to the Artihi1
1 1
AIA DOCUMENT 0111 • OWNER-ARCHITECT AGREEMENT • SEPTEMBER 1966 EDITION • AIA®
0 THE otaltucour INSTITUTE Of ARCHITECTS,1715 NEW YOU AVENUE.N.W.,WASHINGTON,D.C.70006
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ARTICLE 10 • dispute or other matter in question has arisen. In no
event shall the demand for arbitration be made after
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SUCCESSORS AND ASSIGNS institution of legal or equitable proceedings based on
The Owner and the Architect each binds himself, his . such claim, dispute or other matter in question would
partners, successors, assigns and legal-representatives to
be barred by the applicable statute of limitations.
the other party to this Agreement and to the partners, .11.3 The award rendered by the arbitrators shall be final,
successors, assigns and legal representatives of such other and judgment may be entered upon it in any court having
party with respect to all covenants -of this Agreement. jurisdiction thereof.
Neither the Owner nor the Architect shall assign, sublet
or transfer his interest in this Agreement without the • . ARTICLE 12
written consent of the other. - G�
EXTENT OF AGREEMENT
ARTICLE 11 - This Agreement represents the .entire and integrated
agreement between the Owner and the Architect and
ARBITRATION supersedes all prior negotiations, representations or
11.1 All.claims, disputes and other matters in question agreements, either written or oral This Agreement may
arising out of, or relating to, this Agreement or the be amended only by written instrument signed by both
breach thereof shall be decided by arbitration in'accord- Owner and Architect.
ance with the Construction Industry Arbitration Rules of
the American Arbitration Association then obtaining. This •
ARTICLE 13
agreement so to arbitrate shall be specifically enforceable _
under the prevailing arbitration law. APPLICABLE LAW
11.2 Notice of the demand for arbitration shall be filed
in writing with the other party to this Agreement and Unless otherwise specified, this Agreement shall be gov-
with the American Arbitration Association. The demand erned by the law of the principal place of business of the
shall be made within a reasonable time after the claim, Architect.
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THE AMERICAN INSt INSTITUTE OF ARCHITECTS,V35 NEW YORK AVENUE,N.W.WASHECT AGREEMENT • SEPTEMBER INGTON. D.C. 7
11131 2t .
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This Agreement executed the day and year first written above.
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OWNER ARCHITECT
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Architect's Registration No. 313
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AIA DOCUMENT 0111 • OWNER-ARCHITECT AGREEMENT • SEPTEMBER 1%6 EDITION •AIA® ' 8
0 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE.N.W..WASHINGTON,D.C.20806
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