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Res 036-84 3/6/1984RESOLUTION NO. 014/ RESOLUTION APPROVING CONTRACT FOR ARCHITECTURAL SERVICES WITH BUNDY, YOUNG AND SIMS RELATIVE TO A NEW ROOF AT #1 FIRE STATION. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT : That certain contract, a copy of which is attached hereto, between the City of Wichita Falls and Bundy, Young and Sims relative to a new roof at the #1 Fire Station is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. PASSED AND APPROVED this the 6th day of March, 1984 . M e 0 R ATTEST: City Clerk THE AMERICAN INSTITUTE OF ARCHITECTS azsy I yr,,,ra1.L z AIA Documentcment B727 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 day of in the year of Nineteen Hundred and Eighty Four BETWEEN the Owner: City of Wi chi to Fall s and the Architect: Bundy, Young & Sims 906 Burnett Wichita Falls, Texas 76301 For the following Project: Include detailed description of Project location and scope.) Reroofing required over administrative offices and living quarters at theCentralFireStation (located at 1001 Bluff Street) in Wichita Falls, Texas. The Owner and the Architect agree as set forth below. Copyright 1972, 0 1979 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, O.C. 20006. Repro-duction of the material herein or substantial quotation of its provisions without permission of the AIA violates the copyright lawsoftheUnitedStatesandwillbesubjecttolegalprosecution. MA DOCUMENT tt727 • SPECIAL SERVICES AGREEMENT • IUNE 1979 EDITION • AIA• • 01979THEAMERICANINSTITUTEOFARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON, D.C.20006 6727—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 andmeansofcompensationtobeused, it applicable, as provided in Article 10.) The Architects shall prepare and distribute construction documents plans(p and specifications) for re-roofing required over the administrative offices and living quarters of the Central Fire Station. The Architects shall respond to all questions from 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 performed and shall report any failure to meet bid specifications to the City of Wichita Falls. i MA DOCUMENT$727 • SPECIAL SERVICES AGREEMENT • JUNE 1979 EDITION • AIA• • 01979 THE AMERICAN INSTITUTE Of ARCHITECTS.1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C. 20306 6727-1979 2 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 2.3 The Owner shall furnish required information as ex- be compensated for all services performed prior to re- peditiously as necessary for the orderly progress of the ceipt of written notice from the Owner of such suspen- k,and the Architect shall be entitled to rely upon the sion or abandonment, together with Reimbursable Ex- penses then due and all Termination Expenses as defined in Paragraph 8.4. If the Project is resumed after being suspended for more than three months, the Architect'sARTICLE3compensationshallbeequitablyadjusted. 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 expensesbutdoesnotincludethecostofcontributionsandbene- 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 principlessonnetExpense. and shall be available to the Owner or the Owner'sC3.2 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, such as employment taxes and other statutory employee ARBITRATION benefits, insurance, sick leave, holidays, vacations, pen- 7.1 All claims, disputes and other matters in questionsions,and similar contributions and benefits. between the parties to this Agreement arising out of or relating to this Agreement or the breach thereof, shall beARTICLE4decidedbyarbitrationinaccordancewiththeConstruc- 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-tea's compensation and include actual expenditures lacing 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 notconsultantsintheinterestoftheProjectfortheexpensesapartytothisAgreementexceptbywrittenconsentcon-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 to be joined. Any consent to arbitration involving anconnectionwithout-of-town travel authorized bytheOwner additional person or persons shall not constitute consent to arbitration of any dispute not described therein or with2longdistancecommunications, any person not named or described therein. This agree- 3 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 enforceable4reproductions,under the prevailing arbitration law. 5 postage and handling of documents, 7.2 Notice of the demand for arbitration shall be filed in to this Agreement and withwiththe.6 renderings and models requested by the Owner, het American Arbitration a 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 beregularrates, if authorized by the Owner.barred by the applicable statute of limitations. MA DOCUMENT 6727 • SPECIAL SERVICES AGREEMENT • JUNE 1979 EDITION • MA• • m1979THEAMERICANINSTITUTEOfARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 6727-1979 3 r 7.3 The award rendered by the arbitrators shall be final, For Services provided on a Fixed Fee basis, 10% ofandjudgmentmaybeentereduponitinaccordancewiththeFixedFeeearnedtothetimeoftermination.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 part governed by the law of the principal place of business ofytheArchitect.upon seven days' written notice should the other party fail substantially to perform in accordance with its terms 9.2 As between the parties to this Agreement: as to all through no fault of the party initiating the termination, acts or failures to act by either party to this Agreement, any applicable statute of limitations shall commence to8.2 This Agreement may be terminated by the Owner run and any alleged cause of action shall be deemed touponatleastsevendays' written notice to the Architect have accrued in any and all events not later than the dateintheeventthattheProjectispermanentlyabandoned.payment is due to the Architect pursuant to Article S. 8.3 In the event of termination not the fault of the 9.3 The Owner and the Architect, respectively, bindArchitect, 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 andReimbursableExpensesthendueandallTerminationEx- 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 this Agreement. Neither the Owner nor the Architect shall8.4 Termination Expenses are defined as Reimbursable Expenses directly attributable to termination for which w ho sublet or transfer any interest in this Agreement the Architect is not otherwise compensated, plus an witthout the written consent of the other. amount computed as a percentage of the compensation 9.4 This Agreement represents the entire and integrated earned to the time of termination,as follows: agreement between the Owner and the Architect and supersedes all prior negotiations, representations orForServicesprovidedonaMultipleofDirectSalaryagreements, either written or oral. This Agreement mayorDirectPersonnelExpensebasis, 20% of the total be amended only by written instrument signed by bothexpensesincurredtothetimeoftermination;Owner and Architect. C AIA DOCUMENT 8727 • SPECIAL SERVICES AGREEMENT • JUNE 1979 EDITION • AIA• • 01979 83727-1979 4THEAMERICANINSTITUTEOFARCHITECTS,1735 NEW YORK AVE., N.W.,WASHINGTON.O.C.70036 ARTICLE 10 r 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 ($ 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 identity 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. c. The minimum compensation under this agreement shall be One Thousand Five Hundred Dollars ($1,500.00). d. The maximum compensation under this agreement shall not exceed Two Thousand Five Hundred Dollars ($2,500.00). 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 oftheArchitect. Were 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'sandArchitect's principal places of business,the location of the lro)ect and elsewhere may affect the validity of this provision. Specific legal adviceshouldbeobtainedwithrespecttodeletion, modification or other requirements such as written disclosures or waivers.) AIA DOCUMENT tt727 • SPECIAL SERVICES AGREEMENT • JUNE 1979 EDITION • AIM, • 01979THEAMERICANINSTITUTEOFARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,O.C.20006 8727-1979 S I 10.S 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-lion 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 of compensation, ratesandmultiplessetforthhereinshallbeequitablyadjusted. ARTICLE 11 OTHER CONDITIONS The Owner shall pay direct cost of contract document reproduction required for securing bids and performing construction required. This Agreement entered into as of the day and year first written above. OWNER ARCHITECT City of Wichita Falls Bundy, Young & Sims P.O. Box 1431 906 Burnett Wichita Falls, Texas 76307 Wichita Falls, Texas 76301 AIA DOCUMENT 1727 • SPECIAL SERVICES AGREEMENT • JUNE 1979 EDITION • AIA• • 01979THEAMERICANINSTITUTEOFARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,O.C. 20336 6727-1979 6