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Res 010-84 1/17/1984RESOLUTION NO. 10-84 A RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT AMENDMENT WITH BUNDY, YOUNG & SIMS FOR ASSISTANCE DURING THE BID NEGOTIATION PHASE AND SITE SUPER- VISION OF THE ROUTE BUILDING/LITTLEST SKYSCRAPER STABILIZA- TION PROJECT WHEREAS, the Route Building/Littlest Skyscraper stabilization project is of a specialized nature and would require technical expertise. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is authorized to execute an amendment to the contract with the architectural firm of Bundy, Young & Sims, a copy of which is attached hereto, for assistance during the bid negotiation phase and site supervision of the Route Building/Littlest Skyscraper stabilization project. The amount of such contract shall not exceed ten thousand (10,000) dollars, with the minimum amount being two thousand (2,000) dollars. PASSED AND APPROVED THIS THE 17th day of January, 1984. 7/7 41011r' MAYOR ATTEST: L/L. I 'LL / CITY CLERK THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document 8727 Standard Form of Agreement Between Owner and Architect for Special Services 1979 EDITION THIS DOCUMENT IS FOR USE WHEN OTHER B-SERIES DOCUMENTS ARE NOT APPROPRIATE THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES;CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION AGREEMENT made as of the Nineteenth day of January in the year of Nineteen Hundred and Eighty Four BETWEEN the Owner: City of Wichita Falls and the Architect: Bundy, Young & Sims 906 Burnett Wichita .Falls, TX 76301 For the following Project: Include detailed description of Project location and scope.) Assistance in the repair, stabilization and exterior preservation of structures within the Historical District known as the Route-Kemp & Kell Buildings (Located at 503 Eighth Street) ; the Littlest Skyscraper Building, the Nutcracker Building Located at 507 Seventh Street) , and the Allison's Building (located at 509 Seventh Street) in Wichita Falls, Texas. The Owner and the Architect agree as set forth below. Copyright 1972,©1979 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Repro- duction of the material herein or substantial quotation of its provisions without permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT B727 • SPECIAL SERVICES AGREEMENT • JUNE 1979 EDITION • AIM) • ©1979 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE., N.W.,WASHINGTON, D.C. 20006 B727—1979 1 ARTICLE 1 ARCHITECT'S SERVICES Here list those services to be provided by the Architect under the Terms and Conditions of this Agreement. Note under each service listed the method and means of compensation to be used, if applicable, as provided in Article 10.) The Architects shall distribute contract documents relating to the Route Building and Littlest Skyscraper complex to contractors for bidding purposes; shall conduct a pre-bid tour with all contractors present; prepare minutes of the pre-bid tour, listing all contractor's questions and responses thereto; respond to all questions of the contractors during the bidding phase; and shall prepare required addenda. The Architects shall provide assistance to the City during the bid negotiation phase. The Architects shall serve as an agent of the City during the construction phase. The Architects shall monitor all work done and shall report any failure to meet bid specifications to the City of Wichita Falls. t AIA DOCUMENT B727 • SPECIAL SERVICES AGREEMENT • JUNE 1979 EDITION • AIM) • 01979 B727 2THEAMERICANINSTITUTEOFARCHITECTS,1735 NEW YORK AVE., N.W.,WASHINGTON, D.C. 206X1 r TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 2 ARTICLE 5 THE OWNER'S RESPONSIBILITIES PAYMENTS TO THE ARCHITECT 2.1 The Owner shall provide full information regarding 5.1 Payments on account of the Architect's services, and requirements for the Project. for Reimbursable Expenses as defined in Article 4, shall be made monthly upon presentation of the Architect's state-2.2 The Owner shall designate, when necessary, a rep- resentative authorized to act in the Owner's behalf with ment of services rendered or as otherwise provided in this respect to the Project. The Owner or such authorized Agreement. representative shall examine the documents submitted by 5.2 An initial payment as set forth in Paragraph 10.1 is the Architect and shall render decisions pertaining thereto the minimum payment under this Agreement. promptly, to avoid unreasonable delay in the progress of 5.3 If the Project is suspended or abandoned in whole the Architect's services.or in part for more than three months, the Architect shall be compensated for all services performed prior to re- 2.3 The Owner shall furnish required information as ex- ceipt of written notice from the Owner of such suspen- peditiously as necessary for the orderly progress of the sion or abandonment, together with Reimbursable Ex- Work,and the Architect shall be entitled to rely upon the penses then due and all Termination Expenses as defined accuracy and completeness thereof. in Paragraph 8.4. If the Project is resumed after being suspended for more than three months, the Architect's ARTICLE 3 compensation shall be equitably adjusted. DIRECT SALARY AND DIRECT PERSONNEL EXPENSE ARTICLE 6 3.1 Direct Salary Expense is defined as the direct salaries ARCHITECT'S ACCOUNTING RECORDS of all the Architect's personnel engaged on the Project, 6.1 Records of Reimbursable Expenses and expenses but does not include the cost of contributions and bene- pertaining to services performed on the basis of a Multiplefitsrelatedthereto, whether mandatory or customary, as of Direct Salary or Direct Personnel Expense shall be keptdescribedinParagraph3.2, and included in Direct Per- on the basis of generally accepted accounting principles sonnel Expense. and shall be available to the Owner or the Owner's j' 3.2 Direct Personnel Expense is defined as the direct authorized representative at mutually convenient times. salaries of all the Architect's personnel engaged on the Project, and the portion of the cost of their mandatory ARTICLE 7 and customary contributions and benefits related thereto, ARBITRATIONsuchasemploymenttaxesandotherstatutoryemployee benefits, insurance, sick leave, holidays, vacations, pen- 7.1 All claims, disputes and other matters in question sions, and similar contributions and benefits. between the parties to this Agreement arising out of or relating to this Agreement or the breach thereof, shall be ARTICLE 4 decided by arbitration in accordance with the Construc- REIMBURSABLE EXPENSES tion Industry Arbitration Rules of the American Arbitra- tion Association then obtaining unless the parties mutu- 4.1 Reimbursable Expenses are in addition to the Archi- ally agree otherwise. No arbitration arising out of or re- tect's compensation and include actual expenditures lating to this Agreement shall include, by consolidation, made by the Architect and the Architect's employees and joinder or in any other manner, any additional person not consultants in the interest of the Project for the expenses a party to this Agreement except by written consent con- listed in the following Subparagraphs: taining a specific reference to this Agreement and signed 1 expense of transportation and living expenses in by the Architect, the Owner and any other person sought connection with out-of-town travel authorized by to be joined. Any consent to arbitration involving an additional person or persons shall not constitute consenttheOwner, to arbitration of any dispute not described therein or with 2 long distance communications, any person not named or described therein. This agree- ment fees paid'for securing approvals of authorities hav- ment to arbitrate and any agreement to arbitrate with an additional person or persons duly consented to by theingjurisdictionovertheProject, parties to this Agreement shall be specifically enforceable 4 reproductions, under the prevailing arbitration law. 5 postage and handling of documents, 7.2 Notice of the demand for arbitration shall be filed in writing with the other party to this Agreement and with6renderingsandmodelsrequestedbytheOwner, the American Arbitration Association. The demand shall 7 data processing and photographic production be made within a reasonable time after the claim, dispute techniques when used in connection with Addi- or other matter in question has arisen. In no event shall tional Services,the demand for arbitration be made after the date when institution of legal or equitable proceedings based on8expenseofovertimeworkrequiringhigherthansuchclaim, dispute or other matter in question would be regular rates, if authorized by the Owner,barred by the applicable statute of limitations. AIA DOCUMENT B727 • SPECIAL SERVICES AGREEMENT • JUNE 1979 EDITION • AIA® • ©1979THEAMERICANINSTITUTEOFARCHITECTS,1735 NEW YORK AVE., N.W.,WASHINGTON, D.C. 20006 B727—1979 3 7.3 The award rendered by the arbitrators shall be final, For Services provided on a Fixed Fee basis, 10% of and judgment may be entered upon it in accordance with the Fixed Fee earned to the time of termination. applicable law in any court having jurisdiction thereof. ARTICLE 9 ARTICLE 8 MISCELLANEOUS PROVISIONS TERMINATION OF AGREEMENT 9.1 Unless otherwise specified, this Agreement shall be 8.1 This Agreement may be terminated by either party governed by the law of the principal place of business of the Architect. upon seven days' written notice should the other party 9.2 As between the parties to this Agreement: as to allfailsubstantiallytoperforminaccordancewithitsterms acts or failures to act by either party to this Agreement,through no fault of the party initiating the termination. any applicable statute of limitations shall commence to 8.2 This Agreement may be terminated by the Owner run and any alleged cause of action shall be deemed to upon at least seven days' written notice to the Architect have accrued in any and all events not later than the date in the event that the Project is permanently abandoned. payment is due to the Architect pursuant to Article 5. 8.3 In the event of termination not the fault of the 9.3 The Owner and the Architect, respectively, bind Architect, the Architect shall be compensated for all ser- themselves, their partners, successors, assigns and legal vices performed to the termination date, together with representatives to the other party to this Agreement and Reimbursable Expenses then due and all Termination Ex- to the partners, successors, assigns and legal representa- penses as defined in Paragraph 8.4. tives of such other party with respect to all covenants of 8.4 Termination Expenses are defined as Reimbursable this Agreement. Neither the Owner nor the Architect shall assign, sublet or transfer any interest in this AgreementExpensesdirectlyattributabletoterminationforwhichwithoutthewrittenconsentoftheother. the Architect is not otherwise compensated, plus an 9.4 This Agreement represents the entire and integratedamountcomputedasapercentageofthecompensation agreement between the Owner and the Architect andearnedtothetimeoftermination, as follows: supersedes all prior negotiations, representations or For Services provided on a Multiple of Direct Salary agreements, either written or oral. This Agreement may or Direct Personnel Expense basis, 20% of the total be amended only by written instrument signed by both expenses incurred to the time of termination;Owner and Architect. AIA DOCUMENT B727 • SPECIAL SERVICES AGREEMENT • JUNE 1979 EDITION • AIAt, • ©1979 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 B727—1979 4 ARTICLE 10 BASIS OF COMPENSATION The Owner shall compensate the Architect for the services provided, in accordance with Article 5, Payments to the Archi- tect, and the other Terms and Conditions of this Agreement, as follows: 10.1 AN INITIAL PAYMENT of None dollars (S 0 shall be made upon execution of this Agreement and credited to the Owner's account as follows: 10.2 COMPENSATION FOR THE ARCHITECT'S SERVICES, as described in Article 1, Architect's Services, shall be com- puted as follows: Here insert basis of compensation,including fixed amounts,multiples or percentages,and identify the services to which particular methods of compen- sation apply,if necessary.) a. The basis of compensation will be computed as follows: 1. Principal's time at the fixed rate of Forty Dollars ($40.00) per hour. For the purposes of this agreement, the principals are: Dick Bundy, Tom Young, Rick Sims and David Potter. 2. Employee's time (other than principals) at a multiple of Two and Three– Fourths (2-3/4) times, the employees' Direct Personal Expenses as set forth in Article 3. b. For additional services of consultants, compensation shall be direct amounts billed to the Architect for such services. All consultants used by the Architect shall be approved by the City through the Director. of Planning. c. The minimum compensation under this agreement shall be Two Thousand Dollars 2,000) . d. The maximum compensation under this agreement shall not exceed Ten Thousand Dollars ($10,000) . 10.3 FOR REIMBURSABLE EXPENSES, as described in Article 4, and any other items included in Article 11 as Reimburs- able Expenses, a multiple of one 1.0) times the amounts expended by the Architect, the Architect's employees and consultants in the interest of the Project. 10.4 Payments due the Architect and unpaid under this Agreement shall bear interest from the date payment is due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the principal place of business of the Architect. Here Insert any rate of interest agreed upon.) 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 deletion, modification or other requirements such as written disclosures or waivers.) AIA DOCUMENT 13727 • SPECIAL SERVICES AGREEMENT • JUNE 1979 EDITION • AIM, • ©1979 THE AMERICAN INSTITUTE Or ARCHITECTS,1735 NEW YORK AVE., N.W.,WASHINGTON, O.C.20006 B727—1979 5 L 1 r t 10.5 The Owner and the Architect agree in accordance with the Terms and Conditions of this Agreement that: 10.5.1 IF THE SCOPE of the Project or of the Architect's services is changed materially, the amounts of compensa- tion shall be equitably adjusted. 10.5.2 IF THE SERVICES covered by this Agreement have not been completed within months of the date hereof, through no fault of the Architect, the amounts or compensation, rates and multiples set forth herein shall be equitably adjusted. ARTICLE 11 OTHER CONDITIONS This Agreement entered into as of the day and year first written above. OWNER ARCHITECT City of Wichita Falls Bundy, Young & Sims P.Q!Box 1431 906 Burnett ichit Falls; T 6307 Wi hita Falls, TX 76301 7*---s i MA DOCUMENT 8727,• SPECIAL SERVICES AGREEMENT • JUNE 1979 EDITION • AIA • ©1979 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 B727-1979 6