Res 2133 4/18/1978y
RESOLUTION NO. a/J8
RESOLUTION APPROVING FIRST AMENDMENT TO CONTRACT
BETWEEN CITY OF WICHITA FALLS AND MICHAEL 0.
MALONEY -- ARCHITECT.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
That certain First Amendment to Contract, a copy of
which is attached hereto, between the City of Wichita Falls
and Michael O. Maloney, concerning services in the design of
the Farmers Market, is hereby approved, and the City Manager
is authorized to execute the same for the City of Wichita
Falls.
PASSED AND APPROVED this the /flay of April, 1978.
MAYOR
ATTEST:
City Clerk
STATE OF TEXAS X
COUNTY OF WICHITA X
FIRST AMENDMENT TO CONTRACT
Whereas, the City of Wichita Falls and Michael 0.
Maloney -- Architect entered into a contract dated the 1st
day of March, 1977, in which the City engaged the architect
to render certain services concerning the design of the
Farmers Market in the Depot Square historical district; and,
Whereas, the architect completed one set of plans
through the construction documents phase; bids for con-
struction were taken, and the low bid was much more than
the amount budgeted for the project; and,
Whereas, on February 7 , 1978 the Board of Aldermen
authorized an expanded farmers market by approving an
increased total project budget of $300,000. 00, and the
architect was instructed to redesign the Farmers Market;
and,
Whereas, the parties desire to amend the contract with
regard to the fee to be paid to architect.
NOW, THEREFORE, the parties hereto do hereby agree as
follows:
1. Subparagraph 1 of Paragraph B of the above contract
is hereby amended to read as follows:
1) For his basic service architect shall be paid
the sum of $17 ,185. 00. The total cost of construction and
renovation shall not exceed $300, 000. 00. "
2. Subparagraph 3 of Paragraph C is hereby amended so
that the date of completion shall be May 30, 1978 rather
than June 30, 1977.
3. For his services in redesigning the Farmers Market
resulting from the Board of Aldermen' s action of February
7 , 1978, architect shall be paid an additional fee for extra
service, which shall be an amount equal to 2. 25 times the
Direct Personnel Expense as defined in Subparagraph 16 of
Paragraph C of said contract; except, however, services
during construction at the project site shall not be consid-
ered as extra service, and the additional fee shall not be
calculated on such services. Services during construction
at the project site shall be part of the architect' s basic
services, for which he is being paid the flat fee set out in
Paragraph 1 above.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed this the day of
1978.
City of Wichita Falls, Texas
By:
Gerald G. Fox, City Manager
ATTEST:
City Clerk
Approved as to form:
City Attorney
Michael O. Maloney -- Architect
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