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Res 2552 6/17/1980RESOLUTION NO. QtWal- RESOLUTION APPROVING CONTRACT BETWEEN THE CITY OF WICHITA FALLS AND JOE B. ROBERTS FOR ARCHITECTURAL SERVICES RELATIVE TO THE RE- MODELING AND ADDITION TO RESTROOM FACILITIES, AND HEATING/AIR CONDITIONING SYSTEM AND EN- CLOSE PASSENGER WALKWAYS AT MUNICIPAL AIRPORT. BE IT RESOLVED BY THE BOARD OF ALDERMEN 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 Joe B. Roberts for architectural services relative to re- modeling and additions to the restroom facilities and remodeling of heating air/conditioning system and enclosing of passenger walkways at the Municipal Airport Terminal Building, is hereby approved and the City Manager is auth= orized to execute the same for the City of Wichita Falls. PASSED AND APPROVED THIS the 17th day of June , 1980. M A Y O R ATTEST: City Clerk THE AMERIc...AN INS I I I l I L- 01 AI:(.I-1I I COTS i• • 0 11/1 1)0(lir,iv ut 81,11 Standard Form of Agreement Between Owner and Architect 1977 EDITION TI DOCUA1fNI HAS IMP()RI ANT IICAI.( ()NSI:QII1 C; (7()N5111TATION WITH AN ATIORNIY IS I NCOVRA(;I I) ll'1111 1;1 Sl'I( I I() S (Y)Ml'1I ill)N OR MODIFICATION AGREEMENT made as of the Tenth clay of June in the year-of Nineteen Hundred and Eighty. BETWEEN the Owner: The C=i 1,;ti' n f' 1;r1 I'rl_l -1_: 1 301 i :1;h ;;tn Wiell i_ 1,:1 P•1-I L:- , 'I'(rxr(, 71 O1 and the Architect: Jac BO Iinl(nl"t;n , A. 1.A. 1207 1,101)1: Ave W:i.chi_t;!, Li , 70301 For the following Project : Include detailed description of Project 101,1 ion and scone.) Remove terminal building existing heating and air-conditioning system; add new roof mounted packaged heating and air-conditioning units; remodel existing public rest rooms; remodel portions of existing mechanical room and adjacent passage into new public rest rooms; and inclose both Walkway Covers, leading from building to Airplane Parking Apron, with glass-aluminum or glass-steel partitions and doors. The Owner and the Architect agree as set forth below. nl,yrirht 117, l'(/(,, 1')nn. 1(',1, r,,. Pr.II I•((1, vu.? rrr.,,. 1.11.7, 'I'n 1'1'.1. ICI In IIr A l„e rir an In,titnte rif Art Inter lc, I'1i New vr,rk A vie ii' N 1\ 11.e.h li n e. I1.1 ,t)nOL FB I'i iln,Ii' i m.tleri,ll herein (if nh.l.lntiii (111.1011,M 1,1 its; lurr,i,nni. si lln ut 1u• 111,o.n-n 'd the AIA cn,l.ne, the gryi.);hl 1.1wa (,I the United Shirt and will he,nhjer I In Ier.tl MA DO(.IIMI NT 81.11 • (1\VNI R AR(11111(.1 Al,RlI MINI • 11111:11 I':III I I tl I Ir t'J • 1111) I•i'i • Al-\" • • I'1" IIIE AMERICAN 105111011 Or AR(11111 CIS. 1%15 01W \111'1: A\'1":I!1, ))W, WAY IINI,1(IN, I)C. .T1/, B141-1977 1 TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 meats to previous Statements of Probable Construction ARCHITECT'S SERVICES AND RESPONSIBILITIES Cost indicated by changes in requirements or general market conditions. BASIC SERVICES 1.3.4 The Architect shall assist the Owner in connection The Architect's Basic Services consist of the five with the Owner's responsibility for filing documents re- phases described in Paragraphs 1.1 through 1.5 and quire(' tor the approval of governmental authorities hay- include normal structural, mechanical and electrical ing jurisdiction over the Project. engineering services and any other services included 1.4 BIDDING OR NEGOTIATION PHASE in Article 15 as part of Basic Services, 1.4.1 The Architect, following the Owner's approval of 1.1 SCHEMATIC DESIGN PHASE the Construction Documents and of the latest Statement 1.1.1 The Architect shall review the program furnished of Probable Construction Cost, shall assist the Owner in by the Owner to ascertain the requirements of the Project obtaining bids or negotiated proposals, and assist in and shall review the understanding of such requirements awarding and preparing contracts for construction. with the Owner.1.5 CONSTRUCTION PHASE--ADMINISTRATION 1.1.2 The Architect shall provide a preliminary evalua- OF THE CONSTRUCTION CONTRACT tion of the program and the Project budget requirements, 1.5.1 The Construction Phase will commence with the each in terms of the other, subject to the limitations set award of the Contract for Construction and, together with forth in Subparagraph 3.2.1. the Architect's obligation to provide Basic Services under 1.1.3 The Architect shall review with the.Owner alterna- this Agreement, will terminate when final payment to the tive approaches to design and construction of the Project Contractor is due, or in the absence of a final Certificate 1.1.4 Based on the mutually agreed upon program and for Payment or of such due date, sixty days after the Date Project budget requirements, the Architect shall prepare, of Substantial Completion of the Work, whichever occurs for approval by the Owner, Schematic Design Doc uments first, O, A/o7 consisting of drawings and other documents illustrating 1.5.2 Unless herwise provided in this Agreement and the scale and relationship of Project components. incorporated ' r the Contract Documents, the Architect 1.1.5 The Architect shall submit to the Owner a State- shall provide administration of the Contract for Construc- ment of Probable Construction Cost based on current tion as set )rth below and in the edition of AIA Docu- area, volume or other unit costs, ment A201, General Conditions of the Contract for Con- struction, current as of the date of this Agreement. 1.2 DESIGN DEVELOPMENT PHASE 1.5.3 The Architect shall he a representative of the 1.2.1 Based on the approved Schematic Design Dour- Owner during the Construction Phase, and shall advise ments and any adjustments authorized by the Owner in and consult with the Owner. Instructions to the Contrac- the program or Project budget, the Architect shall pre- tor shall he forwarded through the Architect. The Archi- pare, for approval by the Owner, Design Development test shall have authority to act on behalf of the Owner Documents consisting of drawings and other do(uments only to the extent provided in the Contract Documents to fix and describe the size and character of the entire unless otherwise nu)clified by written instrument in ac- Project as to architectural,structural,mechanical and etec- cordance with Subparagraph 1.5.16. trical systems, materials and such other elements as may 1.5.4 The Arc hitch t shall visit the site at intervals ap- be appropriate. propriate to the stage of construction or as otherwise 1.2.2 The Architect shall submit to the Owner a further agreed by the Au lutect in writing to become generally Statement of Probable Construction Cost. familiar with the progress and quality of the Work and to 1,3 CONSTRUCTION DOCUMENTS PHASE. determine in general if the Wcirk is proceeding in accord- ance with the Contract Doc uments. However, the Archi- 1.3.1 Based on the approved Design Development Doc- feet shall not be required to make exhaustive or con- uments and any further adjustments in the scope or qual- tinuous on-site insper lions to check the quality or quan- ity of the Project or in the Project budget authorized by tits of the Work. On the basis of such on-site observa- the Owner, the Architect shall prepare, for approval by lions as an architect, the Architect shall keep the Owner the Owner, Construction Documents consisting of Draw- informed of the progress and quality of the Work, and ings and Specifications setting forth in detail the require- shall endeavor to guard the Owner against defects and ments for the construction of the Project. deficiencies in the Work of the Contractor. 1.3.2 The Architect shall assist the Owner in the prepara- 1.5.5 The Architect shall not have control or charge of lion of the necessary bidding information, bidding forms, and shall not be responsible for construction means, the Conditions of the Contract, and the form of Agree- methods, techniques, sequences or procedures, or for ment between the Owner and the Contractor. safety precautions and programs in connection with the 1.3.3 The Architect shall advise the Owner of any adjust- Work, for the acts or omissions of the Contractor, Suh-- MA DOCUMENT 8141 • OWNER-AR(:1111E( 1 AGRI rM1 NI • IIIIRIII NIII 1 UI11(,N • WEN' 1977 • AIN"' • G)1977 THE AMERICAN INSTITUTE Or ARCHIIICTS, 1.1, NISI' 51)RK AVINHI, Nw., WASHIN(,ION, I)C. 0NY, B141-1977 3 contractors or any other persons performing any Of ;Ile necessary Or acivrsahlc for the Implementation of the intent Work, or for the failure of any of them to :any out the of the( mnrr;lr t Documents,the Architect will have author- Work in accordance with the Contract Documents. ity to require special inspection or testing of the Work in 1.5.6 The Architect shall at all times have access to the accordance with the provisions of the Contract Docu Work wherever it is in preparation or progress,ments, whether or not such Work he then fabricated, in- stalled Or (ompleted. 1.5.7 The Architect shall determine the amounts owing 1.5.13 The Architect shall review and approve or taketotheContractorbasedonobservationsatthesiteandon rc PP evaluations of the Contractor's Applications for Payment,other appropriate action upon the Contractor's submittals and shall issue Certificates for Payment in such amounts, I(h as Shop Drawings, Product Data and Samples, but as provided in the Contract Documents. only for conformance with the design concept of the Work and with the information given in the Contract1.5.8 The issuance of a Certificate for Payment shall Documents. Such action shall he taken with reasonable constitute a representation by the Architect to the Owner, promptness so as to cause no delay. The Architect's ap-based on the Architect's observations at the site'as pro- pruval of a specific item shall not indicate approval of an vided in Subparagraph 1.5.4 and on the data comprising assembly of which the item is a component. the Contractor's Application for Payment, that the Work 1.5.14 The Architect shall prepare Change Orders forhasprogressedtothepointindicated; that, to the best of the Owner's approval and execution in accordance withtheArchitect's knowledge,information and belief,the qu al- the Contract Documents, and shall have authority to orderityoftheWorkisinaccordancewiththeContractDocii minor changes in the Work not involving adjustmentments (subject to an evaluation of the Work for con- g g an 1 rn formance with the Contract Documents upon Substantial in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the ContractCompletion, to the results of any subsequent tests re-Documents.quired by or performed under the Contract Documents, to minor deviations from the Contract Documents cm- 1.5.15 The Architect shall conduct inspections to deter- rectable prior to completion, and to any specific qualifica- mine the Dates of Substantial Completion and `inal com- tions stated in the Certificate for Payment); and that the pletion, shall receive and forward to the Owner for the Contractor is entitled to payment in the amount certified. Owner's review written warranties and related cocuments However, the issuance of a Certificate for Payment shall Iequired by the Contract Documents and assembled by not be a representation that the Architect has made any the Contractor, and shall issue a final Certificate for Pay- examination to ascertain how and for what purpose the nlent. Contractor has used the moneys paid on account of the 1.5.16 The extent of the duties, responsibilities and lim-Contract Sum. itations of authority of the Architect as the Owner's rep- 1.5.9 The Architect shall be the interpreter of the re- Iesentaiise during construe lion shall not be modified or extended without written consent of the Owner, the Con-quirements of the Contract Documents and the judge of the performance thereunder by both the Owner and tractor and the Architect. Contractor. The Architect shall render interpretations nee 1 6 PROJECT REPRESENTATION BEYOND BASIC SERVICESessaryfortheproperexecutionorprogressoftheWork with reasonable promptness on written request of either 1.6.1 If the Owner and Architect agree that more ex- the Owner or the Contractor, and shall render written rte- tensive representation at the site than is described in cisions, within a reasonable time, on all claims, disputes Paragraph 1.5 shill he provided, the Architect shall pro and other matters in question between the Owner and the vide one or more Project Representatives to assist the Contractor relating to the execution or progress of the Architect in carrying out such responsibilities at the site. Work or the interpretation of the Contract Documents. 1.6.2 Such Project Representatives shall be selected, em- 1.5.10 Interpretations and decisions of the Architect shall played ;Ind directed by the Architect, and the Architect be consistent with the intent of and reasonably inferable shall he compensated therefor as mutually agreed be- from the Contract Documents and shall he in written or ;weer) the Owner and the Architect as set forth in an ex- graphic form. In the capacity of interpreter and judge, hlhit appended to ibis Agreement, which shal describe the Architect shall endeavor to secure faithful perform- the dimes, responsibilities and limitations of authority of ance by both the Owner and the Contractor, shall not sir(h Prole(t Representatives show partiality to either, and shall not he liable for the 1.6.3 through the observations by such Project Repre- result of any interpretation or decision rendered in goad sentatives, the Architect shall endeavor to provide furtherfaithinsuchcapacity. protection for the Owner against defects and deficiencies 1.5.11 The Architect's decisions in matters relating to in the Work, but the furnishing of such project representa- artistic effect shall be final if consistent with the intent of tion shall not modify the rights, responsibilities or obliga- the Contract Documents. The Architect's decisions on lions of the Architect as described in Paragraph 1.5. any other claims, disputes or other matters, including 1.7 ADDITIONAL SERVICES those in question between the Owner and the Contractor, shall he subject to arbitration as provided in this Agree The following Services are not included in Basic and in the Contract Documents. Services unless so identified in Article 15. They shall be provided if authorized or confirmed in writing by1.5.12 The Architect shall have authority to reject Work the Owner, and they shall he paid for by He Owner which does not conform to the Contract Documents, as provided in this Agreement, in addition to theWhenever, in the Architect's reasonable opinion, it is compensation for Basic Services. AIA DOCUMENT 0141 • I)VNF R ARCH!I ECI AGM.MI N E • 1111[11E I NTI 111I110N • July 1977 • AIA41 • ©19774B141-1977 THE AMERICAN INSII rill F OF ARCI II I i CTS, 1,7': NI w Y(iii Avl NIIT, N_W., WASIIINGTON D.c. 20006 1.7.1 Providing analyses of the Owner's needs, and pro- still(tion, and furnishing services as may he required in gramming the requirements of the Project. connection with the replacement of such Work. 1.7.2 Providing financial feasibility or other special 1.7.16 Providing services made necessary by the default studies. of the Contractor, or by major defects or deficiencies it 1.7.3 Providing planning surveys, site evaluations, envi- tine Work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract forronmentalstudiesorcomparativestudiesofprospectiveConstruction, sites, and preparing special surveys, studies and submis- sions required for approvals of governmental authorities ring a set of reproducible rec d— vang, or others having jurisdiction over the Project. showing significan - ,es ir. it mkadeduring construction hasesL1n--rrnr ec • its drawings and1.7.4 Providing services relative to future facilities, sys- l other mblaed by the Contractor to tie t.tems and equipment which are not intended to he con- structed during the Construction Phase. Prorovlding extensive assistance in the utilizatic -s7. any eciili eat or system such as initial start-westing.1.7.5 Providing services to investigate existing conditions adjusting and --taalanc rug, preparation • peration and or facilities or to make measured drawings thereof, or to maintenance manri-X-k_training nnel for operation verify the accuracy of drawings or other information fur- and maintenance, and coil. , our during operation.nished by the Owner. 1.7.19 Providing l- es after iss.-•Ce to the Owner of I 1.7.6 Preparing documents of alternate, separate or the final C ersifrfte for Payment, or in absence of a sequential bids or providing extra services in connection final C , . nits for Payment, more than sixty s after with bidding, negotiation or construction prior to the t ate of Substantial Completion of the Work. • completion of the Construction Documents Phase, when 1.7.20 Preparing teu serve or serving as an expert witnessrequestedbytheOwner. in connection with any public hearing, arbitration pro- 1.7.7 Providing coordination of Work performed by seeding or legal proceeding. separate contractors or by the Owner's own forces. 1.7.21 Providing services of consultants for other than 1.7.8 Providing services in connection with the work of the normal architec tural, structural, mechanical and elec- a construction manager or separate consultants retained tnical engineering services for the Project. _ by the Owner. 1.7.22 Providing any other services not otherwise in- 1.7.9 Providing Detailed Estimates of Construction Cost, dueled in this Agreement or not customarily furnished in analyses of owning and operating costs, or detailed quan_ .accordance with generally accepted architectural practice. tity surveys or inventories of material, equipment and 1.8 TIMElabor. 1.8.1 The Architect shall perform Basic and Additional1.7.111 i•'r<aiding interior design and other Larkci-r-..er Services as expeditiously as is consistent with professionalvicesrequiredfornnIitheselection, skill and care and the orderly progress of the Work. Uponprocurementor •5n 0 • ishings and request of the Owner, the Architect shall submit for theTelpment, iIn Owner's approval, a schedule for the performance of the 1.7.11 ' - •- • . Architect's services which shall be adjusted as required as paEeS. the Project proceeds,and shall include allowances for peri- 1.7.12 Making revisions in Drawings, Specifications or ods of time required for the Owner's review and approval of submissions and for approvals of authorities havingotherdocumentswhensuchrevisionsareinconsistent with written approvals or instructions rrvirnnl lurisdiclion over the Project This schedule,when approvedpppygiven, by the Owner, shall riot, except for reasonable cause, hearerequiredbytheenactmentorrevisionofcodes, laws exceeded by the Architect.or regulations subsequent to the preparation of such doc- uments or are due to other causes not solely within the control of the Architect. ARTICLE 2 1.7.13 Preparing Drawings, Specifications and supporting THE OWNER'S RESPONSIBILITIESdataandprovidingotherservicesinConnectionwith Change Orders to the extent that the adjustment in the 2.1 the Owner shall provide full information regarding Basic Compensation resulting from the adjusted Con requirements for the Project including a program, which struction Cost is not commensurate with the services re Con- shall set forth the Owner's design objectives, constraints quired of the Architect, provided such Change Orders are and criteria, ins biding space requirements and relation- required by causes not solely within the control of the ships, flexibility and expandability, special equipment and Architect.systems and site requirements. 1.7.14 Making investigations, surveys, valuations, inven 2.2 If the Owner provides a budget for the Project it tories or detailed appraisals of existing facilities, and serv- sla,lll include contingencies for bidding, changes in the ices required in connection with construction performed 1l'c'rk during; construction, and other costs which are the by the Owner. responsibility of the Owner, including those described in this Article 2 and in Subparagraph 3.1.2. The Owner shall, 1.7.15 Providing consultation concerning replacement of at the request of the Architect, provide a statement of any Work damaged by fire or other cause during con- funds available for the Project, and their source, AIA DOCUMENT B141 • ocvNER ARC111T1CT AGREEMENT • [MR IIFNFIT EDITION • JULY 1777 • AIAr5 • O 077THEAMI.RICAN INSTITUTE OF ARCHITECTS, 1715 NEW YORK AVENUE, N W, WASIIINGroN, IT c, 1asUrc 8141-1977 5 2.3 The Owner shall designate, when necessary, a signed, specified, •,r letter! ,n specially provided for le, resentative authorized to act in the Owner's behalf v.vlth Illy Architect respect to the Project. The Owner or such authorized { 3 ( onstnu lion Cost does not include the ccrrni.rrepresentativeshallexaminethedocumentssuhnlittedbyswonoftheArchitectandtheArchitect's consultant;the Architect and shall render decisions pertaining thereto the r c,.t Of the land, rights Of way, or other costs wle,promptly, to avoid unreasonable delay in the progress of are the responsibility of the Owner as provided in AintheArchitect's services_ r Ie 2 The Owner shall furnish a legal description a certifies .nd survey of the site, giving, as ahle,l 3. RFSPONSIRII ITY FOR CONSTRUCTION COST grades and r of streets, alleys, paver ind adjoin l 3.2.1 t valu,Itons of the Owner's Protect budget, State ing property; rig T . t-way, restri s easements, en- mews of Probable (orl.truc Lion Cost and Detailed croachments, zoning, •• • ructions, boundaries and [sfinlates of Construction Cost, if any, prepared by contours of the site; to on,, •ernensions and ,complete AIr Buret, represent the Architect's best judflrient r; data pertaining to • ling buildings, her improvements! ,resign professional familiar with the construction irice; and trees; a.• uii information concernin variable serv- try. It Is recognized, however, that neither the Architcv. i ice a s ility lines both public and private, ve and nor the Owner has control over the cost of It tor, mate- w rade, including inverts and depths. oats or egnipnrerlt, Over the Contractor's methods of de- 2.5 The Owner shall furnish the services of soil engi- telminrng hid prices, or over competitive Kidd op. reate•oi veers or other consultants when such services are deemed of negoil itine conditions. Accordingly, necessary by the Architect. Such services shall include test annot and ,lots not warrant or represent that liids . borings, test pits, soil bearing values, percolation tests, air negotiated pro es V. not vary from the Project bucket and water pollution tests, ground corrosion and resistivity proposed, established or approved by the Owner, if artye tests, including necessary operations for determining sub- or front any Statement of Probable Construction Cost or soil, air and water conditions, with reports and appropri- other cost estimate or evaluation prepared by the Archi- ate professional recommendations. tort. 2.6 The Owner shall furnish structural, mecli,lnic.il, 3.2.2 No 1txe.t limit of Construction Cost sha I he est.c,tr chemical and other laboratory tests, inspections and re- leaned as a rondmiin of this A,;recenent by the furnishing, ports as required by law or the Contract Documents. proposal in e.t itrlishnicre of a Project budget under Sob- paraeraph I 1_r in l'ir,igraph 7.2 or otherwise infest such2.7 The Owner shalt furnish all legal, ar countint; and in fixed limo has been a irreI upon in writingcounselingservicesasmayhenecessaryatany I g and signs ,; the partly. li sic h a fixed been esttimefortheProject, including such auditing server es as Lined, the 'ru hire, i ,h.,li be permitted in include r_o r the Owner may require to verity the Contractor's Applic,r fingenrie° He Pesnio r1cl i , and price escal,l on to de-tions for Payment or to ascertain how or for what pm-- leonine what materials, ^c+n Tnumt, component system'; poses the Contractor uses the moneys paid by or On be-t' '' F y ` anr_1 types of construction are to be included in the o.:-half of the Owner. tract t)criments, to n-,Ike reasonable adjustments in eie 2.8 The services, information, surveys and reports re- sr Ipe of the' Prr,ler t and to ins hci le in the Contract Docu quired by Paragraphs 2,4 through 2.7 inclusive shall be ntents alternate birds to adjust the Construction Cost to the furnished at the Owner's expense, and the Architect shall fixed limit -\nv such fixed limit shall he increased in the be entitled to rely upon the accuracy and completeness amount ut any increase in the Contract Sum occurring thereof. after execution of the Contract for Construction. 2.9 If the Owner observes or otherwise becomes aware 12.3 If the Bidding or Negotiation Phase has not of any fault or defect in the Project or nonconformance men(od within three months after the Architect subnwrub with the Contract Documents, prompt written notice the Construction Documents to the Owner, any Prcjei , thereof shall be given by the Owner to the Architect. budget or fixed limit Of Construction Cost stall he act 2.10 The Owner shall furnish required information and jested to reflect any change in the general level of price services and shall render approvals and decisions as ex- r1 the construction industry between the date of stlbrnir peditiously as necessary for the orderly progress of the sign iroftheConstrue on Documents to the Owner and Architect's services and of the Work the date on which proposals are sought. 3.2.4 If a Project budget or fixed limit of Constricr:.tir;r; Ai TICLE 3 Cost (adjusted as provided in Subparagraph :..2.3) i3 c ceeded by the lowest bona fide hid or negotiated CONSi 1 UCTION COST posal, the Owner shcull 11) give written approval of an 3.1 DEFINITION increase in such fixer; limit, (2) authorize rebicding or to- nogotiating of the I'rniert within a reasonable time, 3) ;1 3.1.1 The Construction Cost shall be time total cost or the Project is ah rndoord terminate in accordance with estimated cost to the Owner of all elements of the Project Paragraph 10.2, or eh cooperate in revising the ProjectdesignedorspecifiedbytheArchitect, scope arid quality as required to reduce the Construction-, 3.1.2 The, Construction Cost shall include at current I(act_ In the cage r t 11), ,lrue,iriecl a fixed Iln,it r f C•oonstrrze market rates, including a reasonable allowance for over- lion Cost has 'teen established as a condition of this Aprer head and profit, the cost of labor and materials furnished rent, the Architect, without additional charge shall mod by the Owner and any equipment which has been de- ify time Drawings amid Specifications as necessar,- to romii. MA DOCUMENT 8111 • OWNER ARCIIIrtC1 AGRttMLNI • Illiktl LNlil LDIllON • IULY 1977 • AiA`Q' • 1977 6 8141-1977 till ,r l[R'i AN INSr Ti lI OF ARrinuelc, 173•; 07W s !c. AAJNrT, - a•r cvASUuNol )v nc. with the fixed limit. The providing of such service shall he i:''tetlded Ihroegh no fault of the Architect •••• nsa- the limit of the Architect's responsibility arising from the tic'n for any h srt=-Services required--for such extended establishment of such fixed limit, and having done so, the period of Administr.Ttio Construction Contract Architect shall be entitled to compensation for all services shall be cornpult set forth in Para., < -• 4.4 for Addi- performed, in accordance with this Agreement, whether or not the Construction Phase is commenced. 6.1.4 When compensation is based on a percentage of Construction Cost, and any portions of the Project are ARTICLE 4 deleted or otherwise not constructed, compensation for such portions of the Project shall be payable to the extent DIRECT PERSONNEL EXPENSE services are performed on such portions, in accordance 4.1 Direct Personnel Expense is defined as the direct sal- with the sr hedule set forth in Subparagraph 14.2.2, based Aries of all the Architect's personnel engaged on the Proj- on (1) the lowest bona fide bid or negotiated proposal or, ect, and the portion of the:cost of their mandatory and (2) if no such bid or proposal is received, the most recent customary contributions and benefits related thereto, such Statement of Probable Construction Cost or Detailed Esti- as employment taxes and other statutory employee bene- mate of Construction Cost for such portions of the Project. fits, insurance, sick leave, holidays, vacations,' pensions fi.2 PAYMENTS ON ACCOUNT OF and similar contributions and benefits. ADDITIONAL.SERVICES ARTICLE 5 6.2.1 Payments on account of the Architect's Additional Services as defined in Paragraph 1.7 and for Reimbursable REIMBURSABLE EXPENSES Expenses as defined in Article 5 shall he made monthly upon presentation of the Architect's statement of services 5.1 Reimbursable Expenses are in addition to the Corn- rendered or expenses incurred. pensation for Basic and Additional Services and include actual expenditures made by the Architect and the Archi- PAYMENTS WITHHELD tect's employees and consultants in the interest of the 6.3.1 No deductions shall be made from the Architect's Project for the expenses listed in the following Sub- compensation on account of penalty, liquidated damages paragraphs: or other sums Withheld from payments to contractors, or 5.1.1 Expense of transportation in connection with the on account of the cost of changes in the Work other than Project; living expenses in connection with out-of-town those for which the Architect is held legally liable. travel; long distance communications, and fees paid for 6.4 PROJECT SUSPENSION OR TERMINATION securing approval of authorities having jurisdiction over 6.4.1 If the Project is suspended or abandoned in wholetheProject. or in part for more than three months, the Architect shall57Z--Expense_of reproductions, postage as mg of he compensated for all services performed prior to receipt Drawings, Speci ic. '. d • • . ,cuments, excluding of written notice from the Owner of such suspension or reproductions • - • ice use • a rchitect and the abandonment, together with Reimbursable Expenses then s consultants.due and all Termination Expenses as defined in Paragraph 5.1.3 Expense of data processing and photographic pro- 10.4. If the Project is resumed after being suspended for duction techniques when used in connection with Addi- more than three months, the Architect's compensation tional Services. shall be equitably adjusted. 5.1.4 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. ARTICLE 7 5.1.5 Expense of renderings, models and mock-ups re- ARCHITECT'S ACCOUNTING RECORDS quested by the Owner. 7.1 Records of Reimbursable Expenses and expenses per-5.1.6 Expense of any additional insurance coverage or taining to Additional Services and services performed onlimits, including professional liability insurance, requested the basis of a Multiple of Dire(t Personnel Expense shallbytheOwnerinexcessofthatnormallycarriedbythe be kept on the basis of generally accepted accountingArchitectandtheArchitect's consultants. principles and shall he available to the Owner or the Owner's autliori7ed representative at mutually convenientARTICLE6times. PAYMENTS TO THE ARCHITECT ARTICLE 8 6.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES OWNERSHIP AND USE OF DOCUMENTS 6.1.1 An initial payment as set forth in Paragraph 14.1 is the minimum payment under this Agreement. 8.1 Drawings and Specifications as instruments of serv- ire are and shall remain the property of the Architect6.1.2 Subsequent payments for Basic Services shall he whether the Project for which they are made is executed made monthly and shall be in proportion to services per- or not. The Owner shall he permitted to retain copies, in- formed within each Phase of services, on the basis set chiding reproducible copies, of Drawings and Specifica-forth in Article 14. tions for information and reference in connection with the 6.1.3 Owner's use and occupancy of the Project. The Drawings and Specifications shall not he used by the Owner on AIA DOCUMENT B141 • OWNER ARCHITECT AGREEMENT • TIIIRTIE NIfi EDITION • JULY 1977 • ALA® • (I)1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D C 20006 8141-1977 7 other projects, for additions to this Prole(t, or for comple- 10A lenmination Ixperiws monde expenses directly at, lion of this Project by others provided the Architect is not tributable to termination Of winch the Architect is not in default under this Araaement, except by agreement in otherwise compensated, plus an amount computed as a writing and with appropriate compensation to the Archi- percentage of the total Basic and Additional Compensa tect. Iron earned to the tinw of terminarion, as follows: 8.2 Submission oH,t; to meet ( mil regulatory 1 2o percent if terminatnin occurs during he Sche requirements or for (Miro- pioc n r tsin c!„.ii, the sn Phase; or Project is not to be r oiedacred puble ahon i derov,ation 2 to per(ern if hareiliatio,-, urs during the De of the Architect's righrs ne!reliiiiment Hase, irs during aiiy een" prose 9 l 9.1 ,Al! claims, iii,pt:hn (Aire(' HidIteiL., rilWstiori SCF1ANFOI.ic PROVISIONS between the patties r., ot.t c,1 or 11.1 poiiied. this Agrcemer t shah berelatingtothisAgree-nein or the 1-pc-,it h. !hereof, shall be rk.I.erI,( id..V iho pl Ipai place of hi! decided by arbitianr,„ind‘in; ;Hi he I(l ine! !ti'- fl nIdrastry A r, , tion ,A.ssociation ther .. . i itu 1 1.2 the sa Int...dfl. ally agree otherwise. t. pr re- ing an, !hose in \ i ior Cieneral (.oricloirats lating to this Agreeniti it r owls! t "or c onshin"a, current as of tht• joinder or in any wine. LI1`, a party to this /Npar ea,„ es, eir i ni 11.3 ,7s, ta.„.. , W 2 Agi.eriiiieut as to ail taming a specific to !hi, rcunt ,wiled ley! , ;ion/ fo this Agi-eerrient, by the Architect, the r. of r,ev.,,,•en,., hll (orrintelIct: to be joined. Aro,: i iIi ueemed di onal person or pcc,ons shall net r rens,liase rise ) c'sche ao" later than the role- arbitration of arni!ricsi chin ' !Mr V'ri!1)Cc. Hue 1-,r the and as any person not nanrc.". ontil en to any i after the releir liii ment to arbitrate, am; H H H H !dter trail the dare additional person 1 HI S iht•1H, parties to this AgreTtl,ere, 1II) ii 15 Ho 11.4 II H II 1 under the prevailing H v twL' 9.2 Notice of the den , shall Ii r• anh, actrirts IHer Hr writing with the It , aria we:, d, II prOpeit'l, AI( it t the American Arbihiah !! ,cs a!, latni,1 I 01 eI v 1 Hf Creleed (or be made within a re,e, I, !Hie dii , !he , 1,-00 IHIIu of the tLie 1 this Agree.rient. or other matter in quesrion has arisen. In no crew snail ()non, :vii the Aichitei:t each -.hall require aficirr2,uria-- the demand for sil iou he rn,eit. 1,1111 \\lien nom their contractors, consultant:: and institution Of legal or equitable pirniiedn's based on agents. such claim, dispute or oil ei mattei in 010 On weilld It barred by the applit Hl - a 'trite of linniation,,ARI ICI 7.--; 12 9.3 The award rend .ir,:a h,r: 'he al1.:1(1,1H shall he final, and judgment may i.ipon I in I ii th AJCCESSOIVS ANt) ASSIGNS applicable law in ,arc rew! floe !herein. 12.1 le Owner and the ,Archilect, respectively:, 1-Jinn rniyns, sin(e—ors, as.nr_tris and legal r( piesr to the (AL, pare. to tins Agres-mlent and ir! tir io the !rad.' ! 'ono essors, as,acmi leplesear! ar.in ir spec. to all et:aerrarar.TERMINAIION Of A.CRf:_thVII:NT the 10.1 -this in this Agreenrem upon seven riavi, rioria! Hie orre air.? nir , ii!i! thy :rtlier. fail substantrill.. through no fault oi .i.n tt 10.2 Iris t-. t.c: H. upon at leaa ,icrceir nor,.He, I t :1\ in the c.ent -ihrt ati„iH reei trk.rniseeenrii, anc 10.3 In !he rio . re!" the chitect, the r td,presentations or performed II It , H 1. t tI ! ! H H liii . to. , 1! AP,rti`ITIC`ni. ine?".! Or: able Experi,es :herr „,. a I R v H3 H. %drier:signel hr Ii- Ietned in r e!‘.! 13,1! r, H1Y PIT1 8 B141.- ARTICLE 14 BASIS OF COMPENSATION The Owner shall compensate the Architect for the Scope of Services provided, in accordance with Article 6, Payments to the Architect, and the other Terms and Conditions of this Agreement,as follows: 14.1 AN INITIAL PAYMENT of none dollars (S 0.00 ) shall be made upon execution of this Agreement and credited to the Owner's account as follows: 14.2 BASIC COMPENSATION 14.2.1 FOR BASIC SERVICES, as described in Paragraphs 1.1 through 1.5, and any other services included in Article 15 as part of Basic Services, Basic Compensation shall be computed as follows: Here insert basis of compensation, including fixed amounts, multiples or percentages-and identify Phases to which particular methods of compensa- tion apply,if necessary) Lump sum amount of Twelve Thousand and Eight Hundred Dollars ($ 12,800.W.) 14.2.2 Where compensation is based on a Stipulated Sum or Percentage of Construction Cost, payments for Basic Services shall be made as provided in Subparagraph 6.1-2, so that Basic Compensation for each Phase shall equal the following percentages of the total Basic Compensation payable: Include any additional Phases as appropriate) Schematic Design Phase: percent(1 5 %) Design Development Phase: percent(20 %) Construction Documents Phase: percent(40 %) Bidding or Negotiation Phase: percent( 5 %) Construction Phase:percent(20 %) Total — — — 100% 14.3 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES,as described in Paragraph 1.6, Compensation shall be computed separately in accordance with Subparagraph 1.6.2. AFA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT • Trim FFEN111 EDITION • JULY 1977 • AIM')• 0)1977 8141-1977 9THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N W., WASHINGTON, D.C. 20006 14.4 COMPENSATION FOR ADDITIONAL SERVICES 14.4.1 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Paragraph 1.7, and any other services in eluded in Article 15 as part of Additional Services, but excluding Additi(rn,il Services of consultants, Compen- sation shall be computed as follows: Here insert hasis of compensation, including rates and/or multiples of ILrert Personnel Irpen.o I r I`rrn,,f' Ii and employres, and irleniily Pr n i and classify employees, if required Identify specific services to which darIrnlar methods of rreopemarirm app/y, it necessary) Principal of Architectural firm 30.00 pr hr 20 yr experienced draftsman 20.00 pr hr Mech. & Elect. Consult. Engr. cost 14.4.2 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional xtrrrrmnl, mechanical and electrical engineering services and those provided under Subparagraph 1.7.21 or identified in Article 15 as par' of Addi- tional Services,a multiple of i 0_ l times the amounts billed to the Architect for such services. Identify specific types of consultants in Article 15. It required) 14.5 FOR REIMBURSABLE EXPENSES,as described in Article 5, and any other items included in Article 15 as Reim- bursable Expenses, a multiple of 0—0— ) times the amounts ex- pended by the Architect, the Architect's employees and consultants in the interest of the Project. 14.6 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 fending Art. onnlar irate and lora( consumer credo taws and Other regu atrnns at hr- Owner's and Architect's principal places of business, the In,at ion of the Proje(i and elsewhere may alert the valydily of this provision. tipurif, legal advice should lie obtained with respect to deletion, modihratiun, or other requirements such as written disr-Insures or waivers) 14.7 The Owner and the Architect agree in accordance with the Terms and Conditions of this Agreement that: 14.7.1 IF THE SCOPE of the Project or of the Architect's Services is changed materially, the amounts of compensation shall he equitably adjusted. 14.7.2 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, rates and multiples set forth herein shall be equitably adjusted. AIA DOCUMENT 6141 • OWNER-ARCI IITI CT AGRFFMFN1 • IIIIRI I[NIII 11)Il1ON • JULY 1977 • AIArnc • (()1108141-1977 THE AMERICAN INSIInflF OF ARCM IFCIS, 1735 NEW YORK AVENUE, N.W-, WASHINGTON, D.C. 21-10).-V, ARTICLE 15 OTHER CONDITIONS OR SERVICES The City of Wichita Falls, Federal Aviation Administration, Comptroller General of the United States or any of their duly author- ized representatives shall have access to any books, documents, papers and records of the Architect which are directly pertinent to this project for the purpose of making accurate examination, excerpts and trans- cription. As built drawings shall be furnished to the City of Wichita Falls as part of the basic services. MA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT• TIIIRTFENTII EDITION • JULY 1977• AIA^1• O 1977 THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVENUE, N W., WASHINGTON, D.C. 20006 B141-1977 11 This Agreement entered into as of the day and year fir,,t written above. OWNER City of Wichita Fali ARCHITECT Joe Ii hems, A. I.A. 101 Sixth St, 1207 Brook Ave, Wichita Falls , Texas ctn. F-14, 9 Texas i 13 lvao BY BY X 1dF Teo T,`mar r-7 1 .. 1 TIFF lv i ` hex: uII" EX rtT SE 1 1'1 , 63 he-5 Z• elT:::>(-"— is gl611;0 • r 12 4 1 aivi.du° gistr° to cti ° V rch ec VrOo° un(lE'Y' c1e 2 49a, MA DOCUMENT 8141 • OWN(R APCIII[EC1 AC,R(FMFNT • TIIIRTIfNI1I E01110N • 1IIIY 1977 • AIA' • (C)1977 12 8141-1977 TIIE AMERICAN IN',1111%1F CM AU:1111f(Eti, 171; NEW VT IRK AVENUE, N W. WASNINGION, D C. 20006