Ord 089-96 6/18/1996ORDINANCE NO. :79
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT WITH BUNDY, YOUNG, SIMS AND POTTER FOR ARCHITECTURAL
SERVICES IN THE REHABILITATION OF THE KEMP /KELL DEPOT; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS
PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, the Kemp /Kell Depot was awarded funds through the ISTEA of 1991 Enhancement
Program to restore, rehabilitate and otherwise make available for use; and
WHEREAS, the City Council desires that a contract with Bundy, Young, Sims and Potter be
executed to provide architectural services.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
SECTION I. The City Manager is authorized to enter into a contract with Bundy, Young, Sims and
Potter to provide architectural services where the cost for such services is 33,400, where the ISTEA
Enhancement Funds authorized for this project are $334,000.
SECTION 2. It is hereby officially found and determined that the meeting at which this ordinance
was passed was open to the public as required by law.
PASSED AND APPROVED this the 18th day of June, 1996.
MAY R
ATTEST:
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CITY ERK
Abbreviated Form of Agreement
Between Owner and Architect for
Construction Projects of Limited Scope
AIA Document 8151 - Electronic Format
AGREEMENT
made as of the First (1 st) day of June
- in the year of Nineteen Hundred and Ninety -Six (1996,).
BETWEEN the Owner:
(Name and address)
The City Of Wichita Falls
P.O. Box 1431
Wichita Falls, Texas 76307
and the Architect:
(Name and address)
Bundy. Young, Sims & Potter. Inc.
1005 Ninth Street - Suite 200
Wichita Falls. Texas 76301
For the following Project:
(Include detailed description ofProjeet, location, address and scope.)
Complete renovation of the Kemp & Kell Depot also known as the MKT Route Building in Wichita Falls Wichita
County. Texas. The project consists of renovation of the building's unfinished shell and construction of a parking lot
adiacent to the site.
The Owner and Architect agree as set forth below
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 1974, 1978, 1987 by The American Institute of Architects, 1733 New York Avenue, N.W., Washington, D.C., 20006 -3292.
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.
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.
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 under the three phases identified below, any
other services identified in Article 12, and include
normal structural, mechanical and electrical engineering
services.
2.2 DESIGN PHASE
2.2.1 The Architect shall review with the Owner
alternative approaches to design and construction of the
Project.
2.2.2 Based on the mutually agreed -upon program,
schedule and construction budget requirements, the
Architect shall prepare, for approval by the Owner,
Design Documents consisting of drawings and other
documents appropriate for the Project, and shall submit
to the Owner a preliminary estimate of Construction
Cost.
2.3 CONSTRUCTION DOCUMENTS PHASE
2.3.1 Based on the approved Design Documents, 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 and shall advise the
Owner of any adjustments to previous preliminary
estimates of Construction Cost.
2.3.2 The Architect shall assist the Owner in connection
with the Owner's responsibility for filing documents
required for the approval of governmental authorities
having jurisdiction over the Project.
2.3.3 Unless provided in Article 12, 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.
INSERT A Paragraph 2.4 in it's entirety is not a basic
service of this agreement but is an additional service
(see subparagraph 3.4).
2.4 CONSTRUCTION PHASE -- ADMINISTRATION
OF THE CONSTRUCTION CONTRACT
2.4.1 The Architect's responsibility to provid asic
Services for the Construction Phase un r this
Agreement commences with the award of Contract
for Construction and terminates at the earli of issuance
to the Owner of the final Certificate for ayment or 60
days after the date of Substantial C pletion of the
Work.
2.4.2 The Architect shall provide dministration of the
Contract for Construction as se orth below and in the
edition of AIA Document A2 , General Conditions of
the Contract for Constructi , current as of the date of
this Agreement.
2.4.3 Duties, respon ilities and limitations of
authority of the Ar itect shall not be restricted,
modified or extend without written agreement of the
Owner and Archi ct with consent of the Contractor,
which consent s 1 not be unreasonably withheld.
2.4.4 The A itect shall be a representative of and
shall advis and consult with the Owner (1) during
constructi until final payment to the Contractor is due
and (2 as an Additional Service at the Owner's
direct' n from time to time during the correction period
de ed in the Co ntract for Construction.
5 The Architect shall visit the site at intervals
opriate to the stage of construction or as otherwise
1* W
agreed by the Owner and Architect in writing to beci
generally familiar with the progress and quality of
Work completed and to determine in general if the W
is being performed in a manner indicating that the W
when completed will be in accordance witXhJ. on
Documents. However, the Architect
required to make exhaustive or contin -
inspections to check the quality or quantit
On the basis of on -site observations as an ct,
Architect shall keep the Owner informed oog
and quality of the Work, and shall endeavoard
Owner against defects and deficiencies W
(More extensive site representation may b t
an Additional Service, as described in Para .2.
be
site
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2.4.8 The Architect shall not have c trol over or
charge of and shall not be responsible r construction
means, methods, techniques, sequenc or procedures,
or for safety precautions and progra s in connection
with the Work, since these are sole the Contractor's
responsibility under the Contract fo Construction. The
Architect shall not be responsibl for the Contractor's
schedules or failure to carry out Work in accordance
with the Contract Documents. a Architect shall not
have control over or charge of cts or omissions of the
Contractor, Subcontractors, or eir agents or employees,
or of any other persons perfo g portions of the Work.
2.4.7 The Architect shall at 11 times have access to the
Work wherever it is in prep ation or progress.
2.4.8 Based on the A hitect's observations and
evaluations of the Contra or's Applications for Payment,
the Architect shall rev' w and certify the amounts due
the Contractor.
2.4.9 The Architecoi certification for payment shall
constitute a repres cation to the Owner, based on the
Architect's obse tions at the site as provided in
Subparagraph 2...5 and on the data comprising the
Contractor's Ap cation for Payment, that the Work, to
the best of the . ' chitect's knowledge, information and
belief, has pro ressed to the point indicated and that
quality of th ork is in accordance with the Contract
Documents. he issuance of a Certificate for Payment
shall not b a representation that the Architect has (1)
made exh stive or continuous on -site inspections to
check the uality or quantity of the Work, (2) reviewed
construc on means, methods, techniques, sequences or
proced es, (3) reviewed copies of requisitions received
from bcontractors and material suppliers and other
data equested by the Owner to substantiate the
Con ctor's right to payment or (4) ascertained how or
for hat purpose the Contractor has used money
pr iously paid on account of the Contract Sum.
2 .10 The Architect shall have authority to reject Work
ich does not conform to the Contract Documents and
ill have authority to require additional inspection or
testing of the Work whenever, in the Architect's
reasonable opinion, it is necessary or advisable for th
implementation of the intent of the Contract Document
2.4.11 The Architect shall review and approve or t e
other appropriate action upon Contractor's submi als
such as Shop Drawings, Product Data and Sample , but
only for the limited purpose of check i for
des
conformance with information given and th ign
concept expressed in the Contract Docume s. The
Architect's action shall be taken with such asonable
promptness as to cause no delay. The rchitect's
approval of a specific item shall not indicat approval of
an assembly of which the item is a com neat. When
professional certification of performanc haracteristics
of materials, systems or equipment is equired by the
Contract Documents, the Architect s 11 be entitled to
rely upon such certification to tablish that the
materials, systems or equipm t will meet the
performance criteria require by the Contract
Documents.
2.4.12 The Architect shall pr `are Change Orders and
Construction Change Dire ives, with supporting
documentation and data if a thorized or confirmed in
writing by the Owner as pro ded in Paragraphs 3.1 and
3.3, for the Owner's a roval and execution in
accordance with the C tract Documents, and may
authorize minor chang in the Work not involving an
adjustment in the Co 'act Sum or an extension of the
Contract Time which a not inconsistent with the intent
of the Contract Docu ents.
2.4.13 The Arch' ect shall conduct inspections to
determine the da of Substantial Completion and final
completion an shall issue a final Certificate for
Payment.
2.4.14 The chitect shall interpret and decide matters
concerning erformance of the Owner and Contractor
under the quirements of the Contract Documents on
written r uest of either the Owner or Contractor. The
Architec response to such requests shall be made with
reason a promptness and within any time limits agreed
upon. When making such interpretations and initial
deci ns, the Architect shall endeavor to secure faithful
per rmance by both Owner and Contractor, shall not
s w partiality to either, and shall not be liable for
r ults of interpretations or decisions so rendered in
god faith.
ADDITIONAL SERVICES
3.1 Additional Services shall be provided if authorized
or confirmed in writing by the Owner or if included in
Article 12, and they shall be paid for by the Owner as
provided in this Agreement. Such Additional Services
shall include, in addition to those described in
Paragraphs 3.2 and 3.3, budget analysis, financial
feasibility studies, planning surveys, environmental
studies, measured drawings of existing conditions,
coordination of separate contractors or independent
consultants, coordination of construction or project
managers, detailed Construction Cost estimates, quantity
surveys, interior design, planning of tenant or rental
spaces, inventories of materials or equipment,
preparation of record drawings, and any other services
not otherwise included in this Agreement under Basic
Services or not customarily furnished in accordance with
generally accepted architectural practice.
3.2 If more extensive representation at the site than is
described in Subparagraph 2.4.5 is required, such
additional project representation shall be provided and
paid for as set forth in Articles 11 and 12.
3.3 As an Additional Service in connection with Change
Orders and Construction Change Directives, the
Architect shall prepare Drawings, Specifications and
other documentation and data, evaluate Contractor's
proposals, and provide any other services made
necessary by such Change Orders and Construction
Change Directives.
INSERT B 3.4 Paragraph 2.4. Construction Phase -
Administration of the construction contract shall be an
additional service.
ARTICLE 4
OWNER'S RESPONSIBILITIES
4.1 The Owner shall provide full information, including
a program which shall set forth the Owner's objectives,
schedule, constraints, budget with reasonable
contingencies, and criteria.
4.2 The Owner shall furnish surveys describing physical
characteristics, legal limitations and utility locations for
the site of the Project, a written legal description of the
site and the services of geotechnical engineers or other
consultants when such services are requested by the
Architect.
4.3 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.
4.4 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 the
Owner.
4.3 The foregoing services, information, surveys and
reports shall be furnished at the Owner's expense, and
the Architect shall be entitled to rely upon the accuracy
and completeness thereof.
4.6 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.
4.7 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.
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 It is recognized that neither the Architect nor the
Owner has control over the cost of labor, materials or
equipment, over the Contractor's methods of determining
bid prices, or over competitive bidding, market or
negotiating conditions. Accordingly, the Architect
cannot and does not warrant or represent that bids or
negotiated prices will not vary 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 a fixed limit has been agreed upon in writing and
signed by the parties hereto. 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 Any Project budget or fixed limit of Construction
Cost may 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 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, without additional charge, shall
modify the Contract Documents as necessary to comply
with the fixed limit, if established as a condition of this
Agreement. The modification 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 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. 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. 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.
7.2 In no event shall the demand for arbitration be made
after the date when institution of 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 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.
8.7 Termination Expenses are in addition to
compensation for Basic and Additional Services, and
include expenses which are directly attributable to
termination.
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 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.
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 include expenses
incurred by the Architect in the interest of the Project
for:
.1 expense of transportation and living expenses
in connection with out -of -town travel
authorized by the Owner;
.2 long - distance communications;
.3 fees paid for securing approval of authorities
having jurisdiction over the Project;
.4 reproductions;
.5 postage and handling of Drawings and
Specifications;
.8 expense of overtime work requiring higher
than regular rates, if authorized by the Owner;
.7 renderings and models requested by the
Owner;
.8 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; and
.8 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 11.1
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.
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 AND REIMBURSABLE EXPENSES
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 or 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 sums withheld from
payments to contractors.
ARTICLE 11
BASIS OF COMPENSATION
The Owner shall compensate the Architect as follows:
11.1 AN INrrIAL PAY1v1ENT OF NO Dollars (SNONE) 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 nail, multiples or percentages, and identify phases to which particular methods of
compensation apply, if necessary.)
Stipulated sum fee of Twenty Four Thousand Dollars ($24,000).
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)
Design Phase
Construction Documents Phase:
Construction Phase:
Total Basic Compensation:
11.3 COMPENSATION FOR ADDITIONAL SERVICES
percent (40 %)
percent (60 %)
percent (0 %)(Additional Service)
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:
Hourly Rates as Follows:
Principal S65.00/hr.
Project Architect S45.00/hr.
Draftsman $30.00/hr.
Interior Design $40.00/hr.
Clerical S20.00/hr.
11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT provided under Article 3 or identified in Article 12,
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, Trequired. Identify specific services to which particular methods of compensation apply, if necessary.)
Same as above
11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical
engineering services and those provided under Article 3 or identified in Article 12 as part of Additional Services, a
multiple of ( IL) 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 REWBURSABLE EXPENSES, as described in Paragraph 10.2, and any other items included in Article 12
as Reimbursable Expenses, a multiple of One (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 Twenty -Four (21
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 Upon Receipt E ) days from the date of the Architect's invoice. Amounts unpaid
Thirty QU 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.)
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iu/eess, the leens/ee of the M /eel ew! eliwbn Aq #Q4d the va&y ej iks yroddee. SP"Oe /e #d efrla 1102/ he //dud with reeefel to deletions or Wootenens. ow &I"
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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.)
This Agreement entered into as of the day and year first written above.
OWNER
(Signature)
Mr. Jim Berzina - City Manager
City of Wichita Falls
(Printed name and title)
ARC CT
( nature)
Dick Bundy. AIA - President
Bundy. Young Sims & Potter Inc
(Printed name and title)
ORbINANCE NO. 83-96
ORDINANCE CLOSING
HEARING AND FINDING
CERTAIN BUILDINGS
AND /OR STRUCTURES TO
BE DANGEROUS: COM-
MANDING PROPERTY
OWNERS TO DEMOLISH
SAID BUILDINGS AND /OR
STRUCTURES WITHIN
THIRTY (30) DAYS OF
THE DATE OF THIS OR-
!` DINANCE AND DECLAR-
ING AN EMERGENCY.
FINDING AND DETER-
MINING THAT THE
MEETING AT WHICH
THIS ORDINANCE WAS
PASSED WAS OPEN TO
THE PUBLIC AS RE-
QUIREDBYLAW
ORDINANCE NO.84 -96
ORDINANCE WAIVING
SECTION 27 -30 OF THE
CODE OF ORDINANCES
WITH RESPECT TO
PLACING A SIDEWALK
ON THE SOUTHEAST
SIDE OF LAKE PARK
DRIVE ADJACENT TO
THE NORTHWEST LINE
OF LOT 1, BLOCK 1, USC
ADDITION; AND THE
SOUTHWEST SIDE OF
OLD LAKE ROAD (FM
2380) ADJACENT TO THE
NORTHEAST LINE OF
LOT 1, BLOCK 1, USC AD-
DITION
ORDINANCE NO.85 -96
ORDINANCE WAIVING
APPENDIX A, SUBDIVI-
SIONS SECTION 9 (B) (2)
(a) OF THE CODE OF OR-
DINANCES WITH RE-
SPECT TO PLACING
r� CURB AND GUTTER ON
s THE SOUTHEAST SIDE
OF LAKE PARK DRIVE
ADJACENT TO.THE
s� NORTHWEST LINE OF
LOT 1, BLOCK 1, USC AD-
^�aa ^,, n DITION; AND THE
SOUTHWEST SIDE OF
OLD LAKE ROAD (FM
2380) ADJACENT TO THE
NORTHEAST LINE OF
LOT 1, BLOCK 1, USC AD-
DITION
ORDINANCE NO.86 -96'
AN ORDINANCE AMEND-
ING ORDINANCE NUM-
BER 75 -96, SECTION 2C,
REGARDING THE LOCA-
TION OF HALFWAY
HOUSES; FINDING AND
DETERMINING THAT
THE MEETING AT
WHICH THIS ORDINANCE
WAS PASSED WAS OPEN
TO THE PUBLIC AS RE-
QUIREDBYLAW
ORDINANCE NO. 87-96
AN ORDINANCE AMEND-
ING THE NUMBERING
OF SECTIONS UNDER
APPENDIX C, ZONING .
ORDINANCE, OF THE
CODE OF ORDINANCES;
FINDING AND DETER-
MINING THAT T H E
MEETING AT WHICH
THIS ORDINANCE WAS
PASSED WAS OPEN TO
THE PUBLIC AS RE-
QUIREDBYLAW
ORDINANCE NO.88 -96
ORDINANCE AMENDING
CHAPTER 14, ARTICLE
III, SECTION 14 -35 OF
THE CODE OF ORDI-
NANCES OF THE CITY
OF WICHITA FALLS TO
ADOPT THE 1996 EDI-
TION OF THE NATIONAL
ELECTRICALCODE
ORDINANCE NO. 89.96
AN ORDINANCE AUTHO-
RIZING THE CITY MAN-
AGER TO ENTER INTO A
C O N T R ACT W I T H
BUNDY, YOUNG, SIMS
AND POTTER FOR AR-
CHITECTURAL SERVIC-
E S I N T H E
REHABILITATION OF
THE KEMP /KELL DE-
POT; FINDING AND DE-
TFRMININ!_ THAT THG
Affidavit of Publication
THE STATE OF TEXAS
COUNTY OF WICHITA Ad #214548
ere)
On this 11th day of J U 1
1996
A.D.............
Mary E.
personally appeared before me, the undersigned authority
Newel 1 bookkeeper
for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls
Times /Record News, a newspaper published at Wichita Falls in Wichita County,
Texas, and upon being duly sworn by me, on oath states that the attached
advertisement is a true and correct copy of advertising published
in one issues thereof on the following dates:
July 7, 1996
Bookkeeper/f,6r Times Publishing Company
of Wichita Falls
Subscribed and sworn to before me this the day and year first above written:
ORDINANCE N0.89 -96
ORDINANCE N0.92 -96
ORDINANCE NO.94 -96
AN ORDINANCE AUTHO-
AN ORDINANCE OF THE
AN ORDINANCE OF THE
RIZING THE CITY MAN-
CITY COUNCIL OF THEE
CITY COUNCIL OF THE
AGER TO ENTER INTO A
C I T Y OF W I C H I T A '
C I T Y OF W I C H I T A
C O NT R A C T W I T H
FALLS, TEXAS, MAKING°
FALLS, TEXAS, AMEND -.
--
BUNDY, YOUNG, SIMS
AN APPROPRIATION IN
ING CHAPTER 29, ARTI
AND POTTER FOR AR-
THE GENERAL FUND,
CLE VIII, DIVISION 2
"TRAFFIC
CHITECTURAL SERVIC-
E S I N T H E
FOR GRANT REVENUE-
SAFETY COM-
MISSION" OF THE WICH -
REHABILITATION OF
FROM THE NORTEX RE =
GIONAL PLANNING COM -'
ITA FALLS CODE OF
THE KEMP /KELL DE-
MISSION AND WICHITA
O R D I N A N C E S B l l
POT; FINDING AND DE-
COUNTY; FINDING AND:
CHANGING THE MEM-
TERMINING THAT THE
DETERMINING THAT`
BERSHIP NUMBERS OF
MEETING AT WHICH
THE MEETING AT�
THE COMMISSION; RE-
THIS ORDINANCE WAS
WHICH THIS ORDINANCE
WORDING SOME OF THE
PASSED WAS OPEN TO
WAS DISCUSSED WAS-
LANGUAGE OF THE OR-
THE PUBLIC AS RE-
OPEN TO THE PUBLIC AS "'
DINANCE TO REFLECT
QUIREDBYLAW
REQUIRED BY LAW
APPROPRIATE DEPART-
ORDINANCENO.90 -96
ORDINANCE
ORDINANCENO.93 -96
E N T S A N D
ORDINANCE WAIVING
ORDINANCE MAKING AN'
RESPONSIBILITIES /
APPENDIX A, SUBDIVI-
APPROPRIATION IN THE
DUTIES OF THE TRAF-
SION SECTION 9 (B) (2)
GENERAL FUND FORD
FIC SAFETY COMMIS -
(b) (8) OF THE CODE OF
ADDITIONAL GRANT'
SION; REPEALING ALL
ORDINANCES WITH RE-
REVENUE FROM THE-'
AND PRO-
SPECT TO REQUIRING A
TEXAS DEPARTMENT--
VISIONS IN CONFLICT
25 FOOT RIGHT -OF -WAY
OF HEALTH
HEREWITH; PROVIDING
WIDTH DEDICATION ON
FOR SEVERABILITY
AND SAVING CLAUSE;'
THE WEST SIDE OF
PROVIDING FOR PUBLI-
GRACE STREET, ADJA. _'
CATION; PROVIDING
CENT TO THE EAST LINE'
FOR AN EFFECTIVE
OF LOTS 18 THROUGH 27
DATE; AND FINDING
THECHAMPIONS
AND DETERMINING
ORDINANCE NO.91 -96
THAT THE MEETING AT
ORDINANCE MAKING AW
WHICH THIS ORDINANCE
APPROPRIATION IN THE
WAS PASSED WAS OPEN
GENERAL FUND FOR
TO THE PUBLIC AS RE.
ADDITIONAL GRANT-
QUIREDBYLAW
REVENUE FROM THE'
CRIMINAL JUSTICE D1 -_
VISION OFFICE OF THE
GOVERNOR AND AUTHO-
RIZING THE CITY MAN -
AGER TO EXECUTE
CONTRACT ACCEPTING,
SAME