HomeMy Public PortalAbout1996 Village Green Design.tifVillage Council
John F Festa, Mayor
John Waid, Vice Mayor
Raul Uorente
Hugh T. O'Reilly
Michele Padovan
Betty Sime
Raymond P Sullivan
Village Manager
C. Samuel Kissinger
VILLAGE OF KEY BISCAYNE
Office of the Village Manager
May 15, 1996
14E MO_A DU'.1
TO: The Hoporable Mayor and Members of the Village Council
FROM: C. Sa ssinger
Villa anager
RE: Additional Agenda Items
1. AGENDA ITEM: 10-D-7. FEDERAL SEIZURE MONIES
I hereby request authorization to purchase police equipment from federal seizure monies as
explained in the attached memorandum dated May 1, 1996. A copy of this memorandum is in
your agenda with the Police Department report.
2. AGENDA ITEM: 10-D-8. ARCHITECTURAL ENGINEERING CONTRACT
The following is a breakdown of architectural/engineering fees for the restroom facilities, and
large and small picnic pavilions for the Village Green. The costs are subject to adjustment based
on the current scope of work and include the negotiation phase, construction supervision and
project specifications.
I. Two bathroom facilities $10,000
II. Large Picnic Pavilion $ 5,000
III. Small Picnic Pavilion $ 4,000
$19,000
I request authorization to execute an agreement with the architectural firm for the above detailed
services.
85 West McIntyre Street • Key Biscayne, Florida 33149 • (305) 365-5514 • Fax: (305) 365-8936
MISSION SLArFMLN 1 "10 PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROI I(,H RESPONSIBLE GOVERNMENT
Memorandum
May 15, 1996
Page 2
3. AGENDA ITEM: 10-A-11. SEASONAL BANNERS
At the request of Councilman Padovan, this item has been added to the agenda for a brief
presentation.
4. AGENDA ITEM: 10-A-12. CRANDON BOULEVARD - TREES
At the request of Councilman Padovan, this item has been added to the agenda for a brief
presentation. Councilman Padovan was approached by the Beautification Foundation to pursue
the purchase of approximately 150 yellow tabebuia trees for Crandon Boulevard at an estimated
cost of $23,000. These funds are already allocated in the Capital Outlay under Crandon
Boulevard - $250,000.
Standard Form of Agreement
Between Owner and Architect
AIA Document B141 - Electronic Format
AGREEMENT
made as of the 1 0th day of June in the year of Nineteen Hundred and Ninety six
BETWEEN the Owner:
(Vame and address)
The Village of Key Biscayne
85 West McIntyre Street
Key Biscayne, FL 33149
and the Architect:
(Name and address)
Fullerton Diaz Architects, Inc.
366 Altara Avenue
Coral Gables, FL 33146
For the following Project:
(Include detailed description of Project, location, address and scope )
I. Two public restroom pavillions to be located in a public park within
the Village of Key Biscayne, one pavillion to contain facilities
for men and one for wQmen.
II. One large shade pavillion of approximately 300 s.f.
III. One small shade pavillion of approximately 150 s.f.
The Owner and Architect agree as set forth below.
Fullerton Diaz Architects will work with Mr. Thomas Spain, Architect,
to arrive at the desired design for the referenced facilities, I, II,
and III and provide architectural and engineering services for their
construction, in collaboration with Mr. Spain.
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS
ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS
ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401.
Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 by The American Institute of
Architects, 1735 New York Avenue, N W., Washington, D.C., 20006-5292. Reproduction of the material herein or substantial
quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be
subject to legal prosecution.
NIA DOCUMENT B141 - OWNER -ARCHITECT AGREEMENT - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF ARCHITECTS I73 NEW
YORK AVENUE N W WASHINGTON D C, 20006-5292 WARNING Unlicensed photocopying violates U S copyright laws and is subject to legal prosecution This document .vas
electronicailk produced under license number 996001434 and can be reproduced without violation until 9/22/96
TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
ARTICLE 1
ARCHITECT'S RESPONSIBILITIES
1.1 ARCHITECT'S SERVICES
1.1.1 The Architect's services consist of those
services performed by the Architect, Architect's
employees and Architect's consultants as enumerated
in Articles 2 and 3 of this Agreement and any other
services included in Article 12.
1.1.2 The Architect's services shall be performed as
expeditiously as is consistent with professional skill
and care and the orderly progress of the Work. Upon
request of the Owner, the Architect shall submit for
the Owner's approval a schedule for the performance
of the Architect's services which may be adjusted as
the Project proceeds, and shall include allowances for
periods of time required for the Owner's review and
for approval of submissions by authorities having
jurisdiction over the Project. Time limits established
by this schedule approved by the Owner shall not,
except for reasonable cause, be exceeded by the
Architect or Owner.
1.1.3 The services covered by this Agreement are
subject to the time limitations contained in
Subparagraph 11.5.1.
ARTICLE 2
SCOPE OF ARCHITECT'S BASIC
SERVICES
2.1 DEFINITION
2.1.1 The Architect's Basic Services consist of those
described in Paragraphs 2.2 through 2.6 and any
other services identified in Article 12 as part of Basic
Services, and include normal structural, mechanical
and electrical engineering services.
2.2 SCHEMATIC DESIGN PHASE
2.2.1 The Architect shall review the program
furnished by the Owner to ascertain the requirements
of the Project and shall arrive at a mutual
understanding of such requirements with the Owner.
2.2.2 T-1}e-Arclaatoct-s-half-paev-i-dea prekrn+na-pw
. a4tiatio i-4-41 f ar,-s-heIRA eet4
e ensir-aet-ion-btrdget-requifen ts, each n -terwit
the- other, -sti b j ee t- ta- t-fre-lim itaticrrrs-set forth +n -
Subparagraph -5.-2-1-
2.2.3 Tie -AT -eh rice t -s4a-11-FEW-Ee4N- -0-yv nef-
alterrrative-appreaetles- to -design -aria eernstrttctrcn -of
the Project-
2.2.4 R L n -the t+a-Il-y-agiae4-upet - regxam-
-s eheel u -le -apt e en s rt►ettojr 13ttdget-rec tri refire fft,-t ►e-
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'Scliculatit -Design Dort ments Lonsisting-ofdrawings
-and -ottreT-dtrcnTTrerrts—rthrtrartrrgrh sc-ate arrd
-relatioushi.p of-P-reject-cealp Gtneiats.
2.2.5 T-fre-Arc-hiteet-sfial} -submit -to the- 6wner-a-
pre im-inary -estimate of Ecnist► uctiuir Cost- bayed- on
current are a,-vohrrrre-or int-hermit-costs%
2.3 DESIGN DEVELOPMENT PHASE
2.3.1 Based on the approved Schematic Design
Documents and any adjustments authorized by the
Owner in the program, schedule or construction
budget, the Architect shall prepare, for approval by
the Owner, Design Development Documents
consisting of drawings and other documents to fix
and describe the size and character of the Project as
to architectural, structural, mechanical and electrical
systems, materials and such other elements as may be
appropriate.
414 DOCUMENT B141 - OWNER -ARCHITECT AGREEMENT - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW
YORK AVENUE N W , WASHINGTON, D C, 20006-5292 WARNING Unlicensed photocopying violates U S copyright laws and is subject to legal prosecution This document was
electronically produced under license number 996001434 and can be reproduced without violation until 9/22/96
Electronic Document Service B141-1987 2
2.3.2 T -he - sh-itest-shafl- vi -se. Owae-r -anyL
-ad}trs+merit-s- to- -tke--pre Hm-inary-es-trmate-o
€onstructiorr Qost-
2.4 CONSTRUCTION DOCUMENTS PHASE
2.4.1 Based on the approved Design Development
Documents and any further adjustments in the scope
or quality of the Project or in the construction budget
authorized by the Owner, the Architect shall prepare,
for approval by the Owner, Construction Documents
consisting of Drawings and Specifications setting
forth in detail the requirements for the construction
of the Project.
2.4.2 The Architect shall assist the Owner in the
preparation of the necessary bidding information,
bidding forms, the Conditions of the Contract, and
the form of Agreement between the Owner and
Contractor.
2.4.3 T -he- rel+iteet s41414 -1 -$d -vise -le -Owner -of -e ►y
adjlrstttreTrtS to-prerionspre-iimirtary estimates -of
rrrs tra-c t-i-on-E n st fist-i c art eti -by -ctta n ges- -i-n-
TetilliTErMetrts-orgerreral ular ket rorrditfons
2.4.4 Tile reIti4ect -s-i-aH Ow-rrettrr
corrnecti-oirwitlrthe-Owner's resporr ibtlity forfriing
-de eurtio its-rec}uire4 for -the coy al -of gev nr
-atinier-it+as-h sc ietio t er-tl Prejeet.
2.5 BIDDING OR NEGOTIATION PHASE
2.5.1 The Architect, following the Owner's approval
of the Construction Documents and of the latest
preliminary estimate of Construction Cost, shall
assist the Owner in obtaining bids or negotiated
proposals and assist in awarding and preparing
contracts for construction.
2.6 CONSTRUCTION PHASE --
ADMINISTRATION
OF THE CONSTRUCTION CONTRACT
2.6.1 The Architect's responsibility to provide Basic
Services for the Construction Phase under this
Agreement commences with the award of the
Contract for Construction and terminates at the
earlier of the issuance to the Owner of the final
Certificate for Payment or 60 days after the date of
Substantial Completion of the Work.
2.6.2 The Architect shall provide administration of
the Contract for Construction as set forth below and
in the edition of AIA Document A201, General
Conditions of the Contract for Construction, current
as of the date of this Agreement, unless otherwise
provided in this Agreement.
2.6.3 Duties, responsibilities and limitations of
authority of the Architect shall not be restricted,
modified or extended without written agreement of
the Owner and Architect with consent of the
Contractor, which consent shall not be unreasonably
withheld.
2.6.4 The Architect shall be a representative of and
shall advise and consult with the Owner (1) during
construction until final payment to the Contractor is
due, and (2) as an Additional Service at the Owner's
direction from time to time during the correction
period described in the Contract for Construction.
The Architect shall have authority to act on behalf of
the Owner only to the extent provided in this
Agreement unless otherwise modified by written
instrument.
2.6.5 The Architect shall visit the site at intervals
appropriate to the stage of construction or as
otherwise agreed by the Owner and Architect in
writing to become generally familiar with the
progress and quality of the Work completed and to
determine in general if the Work is being performed
in a manner indicating that the Work when completed
will be in accordance with the Contract Documents.
However, the Architect shall not be required to make
exhaustive or continuous on -site inspections to check
the quality or quantity of the Work. On the basis of
on -site observations as an architect, the Architect
shall keep the Owner informed of the progress and
quality of the Work, and shall endeavor to guard the
Owner against defects and deficiencies in the Work.
(More extensive site representation may be agreed to
as an Additional Service, as described in Paragraph
3 2.)
2.6.6 The Architect shall not have control over or
charge of and shall not be responsible for
construction means, methods, techniques, sequences
or procedures, or for safety precautions and programs
AIA DOCUMENT B141 - OWNER -ARCHITECT AGREEMENT - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW
YORK AVENUE N W , WASHINGTON, D C, 20006-5292 WARNING Unlicensed photocopying violates U S copyright laws and is subject to legal prosecution This document was
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in connection with the Work, since these are solely
the Contractor's responsibility under the Contract for
Construction. The Architect shall not be responsible
for the Contractor's schedules or failure to carry out
the Work in accordance with the Contract
Documents. The Architect shall not have control
over or charge of acts or omissions of the Contractor,
Subcontractors, or their agents or employees, or of
any other persons performing portions of the Work.
2.6.7 The Architect shall at all times have access to
the Work wherever it is in preparation or progress.
2.6.8 Except as may otherwise be provided in the
Contract Documents or when direct communications
have been specially authorized, the Owner and
Contractor shall communicate through the Architect.
Communications by and with the Architect's
consultants shall be through the Architect.
2.6.9 Based on the Architect's observations and
evaluations of the Contractor's Applications for
Payment, the Architect shall review and certify the
amounts due the Contractor.
2.6.10 The Architect's certification for payment shall
constitute a representation to the Owner, based on the
Architect's observations at the site as provided in
Subparagraph 2.6.5 and on the data comprising the
Contractor's Application for Payment, that the Work
has progressed to the point indicated and that, to the
best of the Architect's knowledge, information and
belief, quality of the Work is in accordance with the
Contract Documents. The foregoing representations
are subject to an evaluation of the Work for
conformance with the Contract Documents upon
Substantial Completion, to results of subsequent tests
and inspections, to minor deviations from the
Contract Documents correctable prior to completion
and to specific qualifications expressed by the
Architect. The issuance of a Certificate for Payment
shall further constitute a representation that the
Contractor is entitled to payment in the amount
certified. However, the issuance of a Certificate for
Payment shall not be a representation that the
Architect has (1) made exhaustive or continuous on -
site inspections to check the quality or quantity of the
Work, (2) reviewed construction means, methods,
techniques, sequences or procedures, (3) reviewed
copies of requisitions received from Subcontractors
and material suppliers and other data requested by
the Owner to substantiate the Contractor's right to
payment or (4) ascertained how or for what purpose
the Contractor has used money previously paid on
account of the Contract Sum.
2.6.11 The Architect shall have authority to reject
Work which does not conform to the Contract
Documents. Whenever the Architect considers it
necessary or advisable for implementation of the
intent of the Contract Documents, the Architect will
have authority to require additional inspection or
testing of the Work in accordance with the provisions
of the Contract Documents, whether or not such
Work is fabricated, installed or completed. However,
neither this authority of the Architect nor a decision
made in good faith either to exercise or not to
exercise such authority shall give rise to a duty or
responsibility of the Architect to the Contractor,
Subcontractors, material and equipment suppliers,
their agents or employees or other persons
performing portions of the Work.
2.6.12 The Architect shall review and approve or
take other appropriate action upon Contractor's
submittals such as Shop Drawings, Product Data and
Samples, but only for the limited purpose of checking
for conformance with information given and the
design concept expressed in the Contract Documents.
The Architect's action shall be taken with such
reasonable promptness as to cause no delay in the
Work or in the construction of the Owner or of
separate contractors, while allowing sufficient time in
the Architect's professional judgment to permit
adequate review. Review of such submittals is not
conducted for the purpose of determining the
accuracy and completeness of other details such as
dimensions and quantities or for substantiating
instructions for installation or performance of
equipment or systems designed by the Contractor, all
of which remain the responsibility of the Contractor
to the extent required by the Contract Documents.
The Architect's review shall not constitute approval
of safety precautions or, unless otherwise specifically
stated by the Architect, of construction means,
methods, techniques, sequences or procedures. The
Architect's approval of a specific item shall not
indicate approval of an assembly of which the item is
a component. When professional certification of
AIA DOCUMENT B141 - OWNER -ARCHITECT AGREEMENT - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW
YORK AVENUE N W WASHINGTON, D C, 20006-5292 WARNING Unlicensed photocopying violates U S copyright laws and is subject to legal prosecution This document was
electronically produced under license number 996001434 and can be reproduced without violation until 9/22/96
Electronic Document Service B141-1987 4
performance characteristics of materials, systems or
equipment is required by the Contract Documents,
the Architect shall be entitled to rely upon such
certification to establish that the materials, systems or
equipment will meet the performance criteria
required by the Contract Documents.
2.6.13 The Architect shall prepare Change Orders
and Construction Change Directives, with supporting
documentation and data if deemed necessary by the
Architect as provided in Subparagraphs 3.1.1 and
3 3.3, for the Owner's approval and execution in
accordance with the Contract Documents, and may
authorize minor changes in the Work not involving
an adjustment in the Contract Sum or an extension of
the Contract Time which are not inconsistent with the
intent of the Contract Documents.
2.6.14 The Architect shall conduct inspections to
determine the date or dates of Substantial Completion
and the date of final completion, shall receive and
forward to the Owner for the Owner's review and
records written warranties and related documents
required by the Contract Documents and assembled
by the Contractor, and shall issue a final Certificate
for Payment upon compliance with the requirements
of the Contract Documents.
2.6.15 The Architect shall interpret and decide
matters concerning performance of the Owner and
Contractor under the requirements of the Contract
Documents on written request of either the Owner or
Contractor. The Architect's response to such requests
shall be made with reasonable promptness and within
any time limits agreed upon.
2.6.16 Interpretations and decisions of the Architect
shall be consistent with the intent of and reasonably
inferable from the Contract Documents and shall be
in writing or in the form of drawings. When making
such interpretations and initial decisions, the
Architect shall endeavor to secure faithful
performance by both Owner and Contractor, shall not
show partiality to either, and shall not be liable for
results of interpretations or decisions so rendered in
good faith.
2.6.17 The Architect's decisions on matters relating
to aesthetic effect shall be final if consistent with the
intent expressed in the Contract Documents.
2.6.18 The Architect shall render written decisions
within a reasonable time on all claims, disputes or
other matters in question between the Owner and
Contractor relating to the execution or progress of the
Work as provided in the Contract Documents.
2.6.19 The Architect's decisions on claims, disputes
or other matters, including those in question between
the Owner and Contractor., except for those relating
to aesthetic effect as provided in Subparagraph
2.6.17, shall be subject to arbitration as provided in
this Agreement and in the Contract Documents.
ARTICLE 3
ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The services described in this Article 3 are not
included in Basic Services unless so identified in
Article 12, and they shall be paid for by the Owner as
provided in this Agreement, in addition to the
compensation for Basic Services. The services
described under Paragraphs 3.2 and 3.4 shall only be
provided if authorized or confirmed in writing by the
Owner. If services described under Contingent
Additional Services in Paragraph 3.3 are required due
to circumstances beyond the Architect's control, the
Architect shall notify the Owner prior to
commencing such services. If the Owner deems that
such services described under Paragraph 3.3 are not
required, the Owner shall give prompt written notice
to the Architect. If the Owner indicates in writing
that all or part of such Contingent Additional
Services are not required, the Architect shall have no
obligation to provide those services.
3.2 PROJECT REPRESENTATION BEYOND
BAtV3 SERVICES
3.2.1 If more extensive representation at the site than
is described in Subparagraph 2.6.5 is required, the
Architect shall provide one or more Project
Representatives to assist in carrying out such
additional on -site responsibilities.
3.2.2 Project Representatives shall be selected,
employed and directed by the Architect, and the
Architect shall be compensated therefor as agreed by
the Owner and Architect. The duties, responsibilities
AIA DOCUMENT B141 - OWNER -ARCHITECT AGREEMENT - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW
YORK AVENUE N W , WASHINGTON, D C 20006-5292 WARNING Unlicensed photocopying violates U S copyright laws and is subject to legal prosecution This document was
electronically produced under license number 996001434 and can be reproduced without violation until 9/22/96
Electronic Document Service B141-1987 5
and limitations of authority of Project
Representatives shall be as described in the edition of
AIA Document B352 current as of the date of this
Agreement, unless otherwise agreed.
3.2.3 Through the observations by such Project
Representatives, the Architect shall endeavor to
provide further protection for the Owner against
defects and deficiencies in the Work, but the
furnishing of such project representation shall not
modify the rights, responsibilities or obligations of
the Architect as described elsewhere in this
Agreement.
3.3 CONTINGENT ADDITIONAL SERVICES
3.3.1 Making revisions in Drawings, Specifications
or other documents when such revisions are:
.1 inconsistent with approvals or instructions
previously given by the Owner, including
revisions made necessary by adjustments in
the Owner's program or Project budget;
.2 required by the enactment or revision of
codes, laws or regulations subsequent to the
preparation of such documents; or
.3 due to changes required as a result of the
Owner's failure to render decisions in a
timely manner.
3.3.2 Providing services required because of
significant changes in the Project including, but not
limited to, size, quality, complexity, the Owner's
schedule, or the method of bidding or negotiating and
contracting for construction, except for services
required under Subparagraph 5.2.5.
3.3.3 Preparing Drawings, Specifications and other
documentation and supporting data, evaluating
Contractor's proposals, and providing other services
in connection with Change Orders and Construction
Change Directives.
3.3.4 Providing services in connection with
evaluating substitutions proposed by the Contractor
and making subsequent revisions to Drawings,
Specifications and other documentation resulting
therefrom.
3.3.5 Providing consultation concerning replacement
of Work damaged by fire or other cause during
construction, and furnishing services required in
connection with the replacement of such Work.
3.3.6 Providing services made necessary by the
default of the Contractor, by major defects or
deficiencies in the Work of the Contractor, or by
failure of performance of either the Owner or
Contractor under the Contract for Construction.
3.3.7 Providing services in evaluating an extensive
number of claims submitted by the Contractor or
others in connection with the Work.
3.3.8 Providing services in connection with a public
hearing, arbitration proceeding or legal proceeding
except where the Architect is party thereto.
3.3.9 Preparing documents for alternate, separate or
sequential bids or providing services in connection
with bidding, negotiation or construction prior to the
completion of the Construction Documents Phase.
3.4 OPTIONAL ADDITIONAL SERVICES
3.4.1 Providing analyses of the Owner's needs and
programming the requirements of the Project.
3.4.2 Providing financial feasibility or other special
studies.
3.4.3 Providing planning surveys, site evaluations or
comparative studies of prospective sites.
3.4.4 Providing special surveys, environmental
studies and submissions required for approvals of
governmental authorities or others having jurisdiction
over the Project.
3.4.5 Providing services relative to future facilities,
systems and equipment.
3.4.6 Providing services to investigate existing
conditions or facilities or to make measured drawings
thereof.
3.4.7 Providing services to verify the accuracy of
drawings or other information furnished by the
Owner.
3.4.8 Providing coordination of construction
performed by separate contractors or by the Owner's
own forces and coordination of services required in
connection with construction performed and
equipment supplied by the Owner.
AIA DOCUMENT B141 - OWNER -ARCHITECT AGREEMENT - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW
YORK AVENUE N W , WASHINGTON, D C 20006-5292 WARNING Unlicensed photocopying violates U S copyright laws and is subject to legal prosecution This document was
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Electronic Document Service B141-1987 6
3.4.9 Providing services in connection with the work
of a construction manager or separate consultants
retained by the Owner.
3.4.10 Providing detailed estimates of Construction
Cost.
3.4.11 Providing detailed quantity surveys or
inventories of material, equipment and labor.
3.4.12 Providing analyses of owning and operating
costs.
3.4.13 Providing interior design and other similar
services required for or in connection with the
selection, procurement or installation of furniture,
furnishings and related equipment.
3.4.14 Providing services for planning tenant or
rental spaces.
3.4.15 Making investigations, inventories of
materials or equipment, or valuations and detailed
appraisals of existing facilities.
3.4.16 Preparing a set of reproducible record
drawings showing significant changes in the Work
made during construction based on marked -up prints,
drawings and other data furnished by the Contractor
to the Architect.
3.4.17 Providing assistance in the utilization of
equipment or systems such as testing, adjusting and
balancing, preparation of operation and maintenance
manuals, training personnel for operation and
maintenance, and consultation during operation.
3.4.18 Providing services after issuance to the
Owner of the final Certificate for Payment, or in the
absence of a final Certificate for Payment, more than
60 days after the date of Substantial Completion of
the Work.
3.4.19 Providing services of consultants for other
than architectural, structural, mechanical and
electrical engineering portions of the Project
provided as a part of Basic Services.
3.4.20 Providing any other services not otherwise
included in this Agreement or not customarily
furnished in accordance with generally accepted
architectural practice.
ARTICLE 4
OWNER'S RESPONSIBILITIES
4.1 The Owner shall provide full information
regarding requirements for the Project. including a
program which shall set forth the Owner's objectives,
schedule, constraints and criteria, including space
requirements and relationships, flexibility,
expandability, special equipment, systems and site
requirements.
4.2 The Owner shall establish and update an overall
budget for the Project, including the Construction
Cost, the Owner's other costs and reasonable
contingencies related to all of these costs.
4.3 If requested by the Architect, the Owner shall
furnish evidence that financial arrangements have
been made to fulfill the Owner's obligations under
this Agreement.
4.4 The Owner shall designate a representative
authorized to act on the Owner's behalf with respect
to the Project. The Owner or such authorized
representative shall render decisions in a timely
manner pertaining to documents submitted by the
Architect in order to avoid unreasonable delay in the
orderly and sequential progress of the Architect's
services.
4.5 The Owner shall furnish surveys describing
physical characteristics, legal limitations and utility
locations for the site of the Project, and a written
legal description of the site. The surveys and legal
information shall include, as applicable, grades and
lines of streets, alleys, pavements and adjoining
property and structures; adjacent drainage; rights -of -
way, restrictions, easements, encroachments, zoning,
deed restrictions, boundaries and contours of the site;
locations, dimensions and necessary data pertaining
to existing buildings, other improvements and trees;
and information concerning available utility services
and lines, both public and private, above and below
grade, including inverts and depths. All the
information on the survey shall be referenced to a
project benchmark.
4.6 The Owner shall furnish the services of
geotechnical engineers when such services are
requested by the Architect. Such services may
include but are not limited to test borings, test pits,
AIA DOCUMENT B141 - OWNER -ARCHITECT AGREEMENT - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF ARCHITECTS 1775 NEW
YORK AVENUE N W WASHINGTON. D C 20006-5292 WARNING Unlicensed photocopying violates U S copyright laws and is subject to legal prosecution This document was
electronically produced under license number 996001434 and can be reproduced without violation until 9/22/96
Electronic Document Service B141-1987 7
determinations of soil bearing values, percolation
tests, evaluations of hazardous materials, ground
corrosion and resistivity tests, including necessary
operations for anticipating subsoil conditions, with
reports and appropriate professional
recommendations.
4.6.1 The Owner shall furnish the services of other
consultants when such services are reasonably
required by the scope of the Project and are requested
by the Architect.
4.7 The Owner shall furnish structural, mechanical,
chemical, air and water pollution tests, tests for
hazardous materials, and other laboratory and
environmental tests, inspections and reports required
by law or the Contract Documents.
4.8 The Owner shall furnish all legal, accounting and
insurance counseling services as may be necessary at
any time for the Project, including auditing services
the Owner may require to verify the Contractor's
Applications for Payment or to ascertain how or for
what purposes the Contractor has used the money
paid by or on behalf of the Owner.
4.9 The services, information, surveys and reports
required by Paragraphs 4.5 through 4.8 shall be
furnished at the Owner's expense, and the Architect
shall be entitled to rely upon the accuracy and
completeness thereof.
4.10 Prompt written notice shall be given by the
Owner to the Architect if the Owner becomes aware
of any fault or defect in the Project or
nonconformance with the Contract Documents.
4.11 The proposed language of certificates or
certifications requested of the Architect or Architect's
consultants shall be submitted to the Architect for
review and approval at least 14 days prior to
execution. The Owner shall not request certifications
that would require knowledge or services beyond the
scope of this Agreement.
*4.12 See Page 15
ARTICLE 5
CONSTRUCTION COST
5.1 DEFINITION
5.1.1 The Construction Cost shall be the total cost or
estimated cost to the Owner of all elements of the
Project designed or specified by the Architect.
5.1.2 The Construction Cost shall include the cost at
current market rates of labor and materials furnished
by the Owner and equipment designed, specified,
selected or specially provided for by the Architect,
plus a reasonable allowance for the Contractor's
overhead and profit. In addition, a reasonable
allowance for contingencies shall be included for
market conditions at the time of bidding and for
changes in the Work during construction.
5.1.3 Construction Cost does not include the
compensation of the Architect and Architect's
consultants, the costs of the land, rights -of -way,
financing or other costs which are the responsibility
of the Owner as provided in Article 4.
5.2 RESPONSIBILITY FOR CONSTRUCTION
COST
5.2.1 £va-ltratioIrs-of4h -O ter. s- Pr ect4-44dge4,
prei-im4n-a-r7 -es ti Mates -o -f -C -e ns*r-tietto-rr Ee s-t-aird-
d-etaitecl- est inmates- of- Eo n st ruction -Gust, -i-f -an p,
pa pared -by the-AA:chixect,-represept.t-he-A-rekutect.s
best- j-tidgrrtent -as- a des-igtt-pre€essvianal- fa -i l-iar-w4th
the -canstrtetion-industry - -I-t-is- reeegrrirzed,-howevef,
that-neit1rer--the- A-re-hi-teet-nor- the -Owner ias-e4ntrel
over-th-e-ctrst- rf-labor,- mare rialsareq rfpurent,-over
the t'orrruct(sr`s-m acts-af-cfeterm ining-bid prices- -
ar--o-ve . ernpeti i.v b4-dd4.41%, a.-kee-t- r-Iaego-tiabrag
s-o-Ind-i-ti -Accordi4agl-y, the Architect cannot and
does not warrant or represent that bids or negotiated
prices will not vary from the Owner's Project budget
or from any estimate of Construction Cost or
evaluation prepared or agreed to by the Architect.
5.2.2 No fixed limit of Construction Cost shall be
established as a condition of this Agreement by the
furnishing, proposal or establishment of a Project
budget, unless such fixed limit has been agreed upon
in writing and signed by the parties hereto. If such a
fixed limit has been established, the Architect shall
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be permitted to include contingencies for design,
bidding and price escalation, to determine what
materials, equipment, component systems and types
of construction are to be included in the Contract
Documents, to make reasonable adjustments in the
scope of the Project and to include in the Contract
Documents alternate bids to adjust the Construction
Cost to the fixed limit. Fixed limits, if any, shall be
increased in the amount of an increase in the Contract
Sum occurring after execution of the Contract for
Construction.
5.2.3 If the Bidding or Negotiation Phase has not
commenced within 90 days after the Architect
submits the Construction Documents to the Owner,
any Project budget or fixed limit of Construction
Cost shall be adjusted to reflect changes in the
general level of prices in the construction industry
between the date of submission of the Construction
Documents to the Owner and the date on which
proposals are sought.
5.2.4 If a fixed limit of Construction Cost (adjusted
as provided in Subparagraph 5.2.3) is exceeded by
the lowest bona fide bid or negotiated proposal, the
Owner shall:
.1 give written approval of an increase in
such fixed limit;
.2 authorize rebidding or renegotiating of the
Project within a reasonable time;
.3 if the Project is abandoned, terminate in
accordance with Paragraph 8.3; or
.4 cooperate in revising the Project scope and
quality as required to reduce the Construction
Cost.
5.2.5 If the Owner chooses to proceed under Clause
5.2.4.4, the Architect, w-i4holit-«4d-itiei -charge,
shall modify the Contract Documents as necessary t
comply with the fixed limit, i -es-tabl-rhed-Ers -
Gondat.i-o-n-o - tiis-A.g,reerne.na._The- utodi-ficatian_ of
Contract Documents shall be the limit of the
Architect's responsibility arising out of the
establishment of a fixed limit. The Architect shall be
entitled to compensation in accordance with this
Agreement for all services performed whether or not
the Construction Phase is commenced.
ARTICLE 6
USE OF ARCHITECT'S DRAWINGS,
SPECIFICATIONS AND OTHER
DOCUMENTS
6.1 The Drawings, Specifications and other
documents prepared by the Architect for this Project
are instruments of the Architect's service for use
solely with respect to this Project and, unless
otherwise provided, the Architect shall be deemed
the author of these documents and shall retain all
common law, statutory and other reserved rights,
including the copyright. The Owner shall be
permitted to retain copies, including reproducible
copies, of the Architect's Drawings, Specifications
and other documents for information and reference in
connection with the Owner's use and occupancy of
the Project. The Architect's Drawings, Specifications
or other documents shall not be used by the Owner or
others on other projects, for additions to this Project
or for completion of this Project by others, unless the
Architect is adjudged to be in default under this
Agreement, except by agreement in writing and with
appropriate compensation to the Architect.
6.2 Submission or distribution of documents to meet
official regulatory requirements or for similar
purposes in connection with the Project is not to be
construed as publication in derogation of the
Architect's reserved rights.
ARTICLE 7
ARBITRATION
7.1 Claims, disputes or other matters in question
between the parties to this Agreement arising out of
or relating to this Agreement or breach thereof shall
be subject to and decided by arbitration in
accordance with the Construction Industry
Arbitration Rules of the American Arbitration
Association currently in effect unless the parties
mutually agree otherwise.
7.2 Demand for arbitration shall be filed in writing
with the other party to this Agreement and with the
American Arbitration Association. A demand for
arbitration 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 the date when institution of
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legal or equitable proceedings based on such claim,
dispute or other matter in question would be barred
by the applicable statutes of limitations.
7.3 No arbitration arising out of or relating to this
Agreement shall include, by consolidation, joinder or
in any other manner, an additional person or entity
not a party to this Agreement, except by written
consent containing a specific reference to this
Agreement signed by the Owner, Architect, and any
other person or entity sought to be joined. Consent
to arbitration involving an additional person or entity
shall not constitute consent to arbitration of any
claim, dispute or other matter in question not
described in the written consent or with a person or
entity not named or described therein. The foregoing
agreement to arbitrate and other agreements to
arbitrate with an additional person or entity duly
consented to by the parties to this Agreement shall be
specifically enforceable in accordance with
applicable law in any court having jurisdiction
thereof.
7.4 The award rendered by the arbitrator or
arbitrators shall be final, and judgment may be
entered upon it in accordance with applicable law in
any court having jurisdiction thereof.
ARTICLE 8
TERMINATION, SUSPENSION OR
ABANDONMENT
8.1 This Agreement may be terminated by either
party upon not less than seven days' written notice
should the other party fail substantially to perform in
accordance with the terms of this Agreement through
no fault of the party initiating the termination.
8.2 If the Project is suspended by the Owner for
more than 30 consecutive days, the Architect shall be
compensated for services performed prior to notice of
such suspension. When the Project is resumed, the
Architect's compensation shall be equitably adjusted
to provide for expenses incurred in the interruption
and resumption of the Architect's services.
8.3 This Agreement may be terminated by the Owner
upon not less than seven days' written notice to the
Architect in the event that the Project is permanently
abandoned. If the Project is abandoned by the Owner
for more than 90 consecutive days, the Architect may
terminate this Agreement by giving written notice.
8.4 Failure of the Owner to make payments to the
Architect in accordance with this Agreement shall be
considered substantial nonperformance and cause for
termination.
8.5 If the Owner fails to make payment when due the
Architect for services and expenses, the Architect
may, upon seven days' written notice to the Owner,
suspend performance of services under this
Agreement. Unless payment in full is received by
the Architect within seven days of the date of the
notice, the suspension shall take effect without
further notice. In the event of a suspension of
services, the Architect shall have no liability to the
Owner for delay or damage caused the Owner
because of such suspension of services.
8.6 In the event of termination not the fault of the
Architect, the Architect shall be compensated for
services performed prior to termination, together with
Reimbursable Expenses then due and all Termination
Expenses as defined in Paragraph 8.7.
8.7 Termination Expenses are in addition to
compensation for Basic and Additional Services, and
include expenses which are directly attributable to
termination. Termination Expenses shall be
computed as a percentage of the total compensation
for Basic Services and Additional Services earned to
the time of termination, as follows:
.1 Twenty percent of the total compensation
for Basic and Additional Services earned to
date if termination occurs before or during
the predesign, site analysis, or Schematic
Design Phases; or
. 2 Ten percent of the total compensation for
Basic and Additional Services earned to date
if termination occurs during the Design
Development Phase; or
. 3 Five percent of the total compensation for
Basic and Additional Services earned to date
if termination occurs during any subsequent
phase.
AIA DOCUMENT BI41 - OWNER -ARCHITECT AGREEMENT - FOURTEENTH EDITION - 4JA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW
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ARTICLE 9
MISCELLANEOUS PROVISIONS
9.1 Unless otherwise provided, this Agreement shall
be governed by the law of the principal place of
business of the Architect.
9.2 Terms in this Agreement shall have the same
meaning as those in AIA Document A201, General
Conditions of the Contract for Construction, current
as of the date of this Agreement.
9.3 Causes of action between the parties to this
Agreement pertaining to acts or failures to act shall
be deemed to have accrued and the applicable
statutes of limitations shall commence to run not later
than either the date of Substantial Completion for
acts or failures to act occurring prior to Substantial
Completion, or the date of issuance of the final
Certificate for Payment for acts or failures to act
occurring after Substantial Completion.
9.4 The Owner and Architect waive all rights against
each other and against the contractors, consultants,
agents and employees of the other for damages, but
only to the extent covered by property insurance
during construction, except such rights as they may
have to the proceeds of such insurance as set forth in
the edition of AIA Document A201, General
Conditions of the Contract for Construction, current
as of the date of this Agreement. The Owner and
Architect each shall require similar waivers from
their contractors, consultants and agents.
9.5 The Owner and Architect, respectively, bind
themselves, their 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
Owner nor Architect shall assign this Agreement
without the written consent of the other.
9.6 This Agreement represents the entire and
integrated agreement between the Owner and
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.
9.7 Nothing contained in this Agreement shall create
a contractual relationship with or a cause of action in
favor of a third party against either the Owner or
Architect.
9.8 Unless otherwise provided in this Agreement, the
Architect and Architect's consultants shall have no
responsibility for the discovery, presence, handling,
removal or disposal of or exposure of persons to
hazardous materials in any form at the Project site,
including but not limited to asbestos, asbestos
products, polychlorinated biphenyl (PCB) or other
toxic substances.
9.9 The Architect shall have the right to include
representations of the design of the Project, including
photographs of the exterior and interior, among the
Architect's promotional and professional materials.
The Architect's materials shall not include the
Owner's confidential or proprietary information if the
Owner has previously advised the Architect in
writing of the specific information considered by the
Owner to be confidential or proprietary. The Owner
shall provide professional credit for the Architect on
the construction sign and in the promotional
materials for the Project.
ARTICLE 10
PAYMENTS TO THE ARCHITECT
10.1 DIRECT PERSONNEL EXPENSE
10.1.1 Direct Personnel Expense is defined as the
direct salaries of the Architect's personnel engaged
on the Project and the portion of the cost of their
mandatory and customary contributions and benefits
related thereto, such as employment taxes and other
statutory employee benefits, insurance, sick leave,
holidays, vacations, pensions and similar
contributions and benefits.
10.2 REIMBURSABLE EXPENSES
10.2.1 Reimbursable Expenses are in addition to
compensation for Basic and Additional Services and
include expenses incurred by the Architect and
Architect's employees and consultants in the interest
of the Project, as identified in the following Clauses.
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10.2.1.1 Expense of transportation in connection
with the Project; expenses in connection with
authorized out-of-town travel; long-distance
communications; and fees paid for securing approval
of authorities having jurisdiction over the Project.
10.2.1.2 Expense of reproductions, postage and
handling of Drawings, Specifications and other
documents.
10.2.1.3 If authorized in advance by the Owner,
expense of overtime work requiring higher than
regular rates.
10.2.1.4 Expense of renderings, models and mock-
ups requested by the Owner.
10.2.1.5 Expense of additional insurance coverage
or limits, including professional liability insurance,
requested by the Owner in excess of that normally
carried by the Architect and Architect's consultants.
10.2.1.6 Expense of computer -aided design and
drafting equipment time when used in connection
with the Project.
10.3 PAYMENTS ON ACCOUNT OF BASIC
SERVICES
10.3.1 An initial payment as set forth in Paragraph
1 1.1 is the minimum payment under this Agreement.
10.3.2 Subsequent payments for Basic Services shall
be made monthly and, where applicable, shall be in
proportion to services performed within each phase
of service, on the basis set forth in Subparagraph
11.2.2.
10.3.3 If and to the extent that the time initially
established in Subparagraph 11.5.1 of this Agreement
is exceeded or extended through no fault of the
Architect, compensation for any services rendered
during the additional period of time shall be
computed in the manner set forth in Subparagraph
11.3.2.
10.3.4 When compensation is based on a percentage
of Construction Cost and any portions of the Project
are deleted or otherwise not constructed,
compensation for those portions of the Project shall
be payable to the extent services are performed on
those portions, in accordance with the schedule set
forth in Subparagraph 11.2.2, based on (1) the lowest
bona fide bid or negotiated proposal, or (2) if no such
bid or proposal is received, the most recent
preliminary estimate of Construction Cost or detailed
estimate of Construction Cost for such portions of the
Project.
10.4 PAYMENTS ON ACCOUNT OF
ADDITIONAL SERVICES
10.4.1 Payments on account of the Architect's
Additional Services and for Reimbursable Expenses
shall be made monthly upon presentation of the
Architect's statement of services rendered or
expenses incurred.
10.5 PAYMENTS WITHHELD
10.5.1 No deductions shall be made from the
Architect's compensation on account of penalty.
liquidated damages or other sums withheld from
payments to contractors, or on account of the cost of
changes in the Work other than those for which the
Architect has been found to be liable.
10.6 ARCHITECT'S ACCOUNTING RECORDS
10.6.1 Records of Reimbursable Expenses and
expenses pertaining to Additional Services and
services performed on the basis of a multiple of
Direct Personnel Expense shall be available to the
Owner or the Owner's authorized representative at
mutually convenient times.
ARTICLE 11
BASIS OF COMPENSATION
The Owner shall compensate the Architect as follows:
AIA DOCUMENT B141 - OWNER -ARCHITECT AGREEMENT - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW
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11.1 AN INITIAL PAYMENT of tgOtiSanclPollars ($5,000 ) shall be made upon execution of this
Agreement and credited to the Owner's account at final payment.
11.2 BASIC COMPENSATION
11.2.1 FOR BASIC SERVICES, as described in Article 2, and any other services included in Article 12 as part
of Basic Services, Basic Compensation shall be computed as follows:
(Insert basis of compensation, including stipulated sums, multiples or percentages, and identify phases to which particular
methods of compensation apply, if necessary )
11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost, progress payments
for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable:
(Insert additional phases as appropriate )
Schematic Design Phase: $ 2 7 0 0 percent ( 1 5 %)
Design Development Phase: $ 2 , 7 0 0 percent ( 1 5 %)
Construction Documents Phase: $ 9 , 0 0 0 percent ( 5 0 %)
Bidding or Negotiation Phase: $ 9 0 0 percent ( 5 %)
Construction Phase: $ 2, 7 0 0 percent ( 1 5 %)
Total Basic Compensation $18,000
11.3 COMPENSATION FOR ADDITIONAL SERVICES
one hundred percent(100%)
11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 3.2,
compensation shall be computed as follows:
Principals $125/hr
Architects $100/hr
Senior Drafting Person $ 75/hr
Drafting Person $ 60/hr
Clerical $ 45/hr
11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Articles 3 and 12, other than
(1) Additional Project Representation, as described in Paragraph 3.2, and (2) services included in Article 12 as
part of Basic Services, but excluding services of consultants, compensation shall be computed as follows:
(Insert basis of compensation, including rates and/or multiples of Direct Personnel Expense for Principals and employees, and
identify Principals and classify employees, if required Identify specific services to which particular methods of compensation
apply, if necessary )
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11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and
electrical engineering services and those provided under Subparagraph 3.4.19 or identified in Article 12 as part
of Additional Services, a multiple of ( 1 . 1 0 ) times the amounts billed to the Architect for such
services.
(Identify specific types of consultants in Article 12, if required )
11.4 REIMBURSABLE EXPENSES
11.4.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph 10.2, and any other items included in
Article 12 as Reimbursable Expenses, a multiple of ( 1 . 1 0 ) times the expenses incurred by the
Architect, the Architect's employees and consultants in the interest of the Project.
11.5 ADDITIONAL PROVISIONS
11.5.1 IF THE BASIC SERVICES covered by this Agreement have not been completed within six ( 6 )
) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that
time shall be compensated as provided in Subparagraphs 10.3.3 and 11.3.2.
11.5.2 Payments are due and payable ten ( 1 0 ) days from the date of the Architect's invoice.
Amounts unpaid thirty ( 30 ) days after the invoice date shall bear interest at the rate entered
below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of
the Architect.
(Insert rate of interest agreed upon )
1.5% per month
(Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other
regulations at the Owner's and Architect's principal places of business, the location of the Project and elsewhere may affect the
validity of this provision Specific legal advice should be obtained with respect to deletions or modifications, and also regarding
requirements such as written disclosures or waivers )
11.5.3 The rates and multiples set forth for Additional Services shall be annually adjusted in accordance with
normal salary review practices of the Architect.
ARTICLE 12
OTHER CONDITIONS OR SERVICES
(Insert descriptions of other services, identify Additional Services included within Basic Compensation and modifications to the
payment and compensation terms included in this Agreement.)
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This Agreement entered into as of the day and year first written above.
OWNER
ekt' K114
(Signature)
Mfg
R.tt y9`
(Printed name and title)
C. Samuel Kissinger
Village Manager
ARCHITECT
(Printed name and title)
* 4.12 The Owner shall hold the Architect and his consultants completely
harmless from any and all third party legal actions against them unless
such legal actions arise from legally established errors or omissions
in the drawings or specifications by the Architect or his Consultants.
This protection for the Architects and Consultants includes all costs
whatsoever related to said legal action,,,.
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February 11, 1997
Sam Davitian, 720 Myrtlewood Lane addressed the council.
The manager presented to council a request for additional lights in the Village Green. The manager
requested authorization to look into this as to the cost of recreational lights and street lights and will
bring back a report at the next council meeting.
Carol Mullen -O'Leary, 444 Fernwood Road addressed the council.
The next hearing of the Special Master for L'Esplannade Shopping Center is set for Friday, January
24, 1997 at 10:00 a.m.
The manager reported that there has been improvement on the issue of abandoned shopping carts on
Village streets. The manager was directed to give an update at the next meeting as to where any
warnings have been issued to residents removing carts from shopping centers.
The manager reported that violation notices of the sign ordinance have gone to Amoco, Eckerd's,
KFC and CitvBank.
Mr. Fritz Scharenberg, developer of the property at 200 Crandon Boulevard has requested a hearing
date to show the council what his plans are. By consensus the date will be Tuesday, February 25,
1997, which is a Zoning Hearing meeting.
A right-of-way request at 245 Ridgewood Road was presented to council. Mayor Festa
recommended to defer this item until the Building. Planning and Zoning Department sets policies
of do's and don'ts in the swales.
The manager read a petition. signed by residents, opposing the narrowing of vehicular traffic lane
on Ocean Lane Drive. The manager was directed to have a workshop on this issue and bring back
recommendations to Council.
Raul Lastra, Village Planner addressed the Council on East Enid Parks/Walkway. He reported that
the costs for the following are as follows: extending the brick path $42,500, construction of grading
and site work $6,500. gazebo $15,000 to $20,000 excluding landscaping. The manager was directed
to look at the letter from the developer to see if $250.000 donation could be used for improvements.
Raul Lastra, Village Planner presented to council a completed report on the review of the
construction documents for park pavilions and restroom facilities for the Village Green.
Carol Mullen -O'Leary. 444 Fernwood Road addressed the council.
7of9
January 24, 1995
Councilman Padovan made a motion directing the Building, Zoning and Planning
Department to enforce all code violations on East Enid Drive and require the property
owners to remedy the matter at their cost. The motion was seconded by Councilman Waid.
After brief discussion, the motion was withdrawn.
It was the consensus of the Council for staff to prepare a cost estimate for correcting all
safety related code violations on the swale area.
Councilman Waid made a motion restricting parking on East Enid Drive (permitted between
6:00 p.m. to 9:00 a.m.). The motion was seconded by Councilman Llorente. The motion
was adopted by a 6 - 1 voice vote. The vote was as follows: Councilmembers Llorente,
O'Reilly, Padovan, Sullivan, Waid, and Vice Mayor Sime voting Yes. Mayor Festa voted
No.
The Council discussed the following matters relating to the Village Green:
The planner made a brief presentation regarding the proposed sidewalk/curb/drainage
/landscaping/parking project along the Femwood Road side of the park at an estimated cost
of $58,500.00. Vice Mayor Sime made a motion adopting staffs proposal. The motion was
seconded by Mayor Festa and adopted by a unanimous voice vote. The vote was as follows:
Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor
Festa voting Yes.
The planner also addressed concerns regarding fencing around the park. There was extensive
Council discussion regarding the matter.
The following residents addressed the Council: Jacqueline Sanchez, 385 Ridgewood Road;
Henny Becker, 290 West Mashta Drive; Ray Herrera, 310 Fernwood Road; Renata
Sonavich, East Enid Drive; Martha Herrera, 310 Femwood Road; Jim Haney, 472
Glenridge Road; and Bill Ofgant, 512 Fernwood Road.
The Council concurred to schedule a workshop at a future date to further discuss the Village
Green.
The Council rescheduled its regular meeting of Tuesday, February 14, 1995 to Monday, February
13, 1995.
The Council discussed the following matters relating to the Stormwater Utility project:
Page 2 of 3
May 16, 1996
Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan, Vice Mayor Waid, and Mayor Festa
voting Yes. The amended Padovan motion was adopted by a unanimous voice vote. The vote was
as follows: Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan, Vice Mayor Waid, and
Mayor Festa voting Yes.
The clerk reported that his office held a voter registration drive on May 8th and 9th. Martha
Broucek, 170 Ocean Lane Drive, addressed the Council.
The manager gave the following reports:
The manager discussed the progress of the sidewalk construction program.
The Council discussed the issue of angle versus parallel parking for the Village Green on
Fernwood Road. Raul Alvarez, 710 Ridgewood Road, representing the Key Biscayne
Beautification Foundation, addressed the Council. Carol Mullen O'Leary, 444 Fernwood
Road, also addressed the Council. The planner and Director Little participated in discussions
with the Council. Councilman Padovan made a motion that Council reconsider its decision
regarding the issue of providing parallel parking on Fernwood Road at the Village Green.
The motion was seconded by Mayor Festa and failed on 2 - 5 voice vote. Vice Mayor Waid
and Mayor Festa voting Yes. Councilmembers Llorente, O'Reilly, Padovan, Sime, and
Sullivan voted No.
Cecilia Villoria, representing C.A.P. Engineering Consultants, gave an update on the West
Mashta Bridge reconstruction project.
The manager discussed the stormwater utility construction project.
Councilman O'Reilly made motion authorizing the manager to conduct a study concerning
a sanitary sewer extension for the Village Green. The motion was seconded by Councilman
Sime and adopted by a unanimous voice vote. The vote was as follows: Councilmembers
Llorente, O'Reilly, Padovan, Sullivan, Sime, Vice Mayor Waid, and Mayor Festa voting Yes.
The planner made a presentation regarding a pavilion, picnic shelters and restrooms for the
Village Green. Councilman Sullivan made a motion authorizing the manager to execute an
agreement with an architect to draft the necessary plans. The motion was seconded by
Councilman Llorente. Mayor Festa offered a motion that the agreement not exceed
$19,000.00. The Festa motion was seconded by Councilman O'Reilly and adopted by a
unanimous voice vote. The vote was as follows: Councilmembers Llorente, O'Reilly,
Padovan, Sullivan, Sime, Vice Mayor Waid, and Mayor Festa voting Yes. The amended
Sullivan motion was adopted by a unanimous voice vote. The vote was as follows:
Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Sime, Vice Mayor Waid, and Mayor
Page 2 of -1
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-i HON.MA ALTON SPAIN AI,A
ROLANDO L ..ANES
ARCHITECTS
4/3/96
Mr. Raul Lastra
VILLAGE OF KEY BISCAYNE
Building, Goning and Planning
$5 W. McIntyre St
Key Biscayne, Fi. 33149
Dear Raul:
This is to confirm our discussions regarding a study for park
facilities for the Village of Key Biscayne.
ink would be happy to provide design concepts and sketches compatible
with those produced for the Crean Club Park. Our fee for the two
sketches will be nine hundred dollars.
If additional consulting is desired by the Village regarding the
architectural character of its public buildings, our fee would be one
hundred dollars per hour plus direct expenses.
Thank you for considering us for your design services, It is exciting
to possibly participate in the 0.eneration cf a civic presence for your
new village.
Regards,
-Sty\
Thomas A. Spain, AIA
r o )30\ 2--)1 "H • colt At (; f-1 o: Ir A '33,2-: • (31.)70 h63 -09y • 00i) ht,h-?a : t Ay