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Res 1922 2/15/1977RESOLUTION NO. //5/' A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH KILLEBREW/RUCKER/ASSOCIATES FOR ARCHITECTURAL SERVICES RELATED TO PEDESTRIAN IMPROVEMENTS IN THE MIDTOWN AREA WHEREAS, the concept of pedestrian improvements in the midtown area has received wide community support; and, WHEREAS, pedestrian improvements are included in the MIDTOWN 2000 Plan; and, WHEREAS, the concept of pedestrian improvements in the midtown area was approved by the Board of Aldermen during Community Development Block Grant Public Hearings; and, WHEREAS, the Board of Aldermen approved the expenditure of funds for this purpose; and, WHEREAS, Killebrew/Rucker/Associates is currently involved with other midtown street and block face improvements, providing continuity of urban design for this project. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Gerald G. Fox, City Manager, is authorized and directed to enter into a contract with Killebrew/Rucker/Associates for the design of pedestrian improvements in the midtown area, based on the contract and scope of services which are attached hereto. PASSED AND APPROVED THIS THE ell-'day of !1977. M A Y 0 ATTEST: jp-J CITY CLERK STATE Ok' TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WICHITA This agreement made as of the day of in the year Nineteen Hundred and Seventy-seven by and between the City of Wichita Falls, hereinafter called the Owner, and Killebrew, Rucker, Associates, herein- after called the Architect, witnesseth that whereas the Owner intends to include the designs and plans for intense beautification of street intersections; NOW, THEREFORE, THE OWNER AND THE ARCHITECT FOR THE CONSIDERATIONS HEREIN- AFTER SET FORTH AGREE AS FOLLOWS: A. WHEREAS the Cwner desires to engage the Architect to render certain technical or professional services hereafter described in connection with an uiffl r- taking which is expected to be financed under a General Revenue Sharing Grant: B. The Owner agrees to pay the Architect as compensation for his services: 1) For his basic service seven percent (7%) of the project construc- tion costs, hereinafter referred to as the Basic Rate, the work to be let under a single lump sum contract, architectural fees for project construction and cost of construction not to exceed $47,000. 2) For extra service defined in Article II hereinafter, the owner agrees to pay the Architect 2.5 times the Direct Personnel Expense as defined in Paragraph 16. 3) Reimbursable expense as defined hereinafter in Paragraph 16 to the amount expended. 4) For the completion of schematic plans as defined in Attachment I, the owner agrees to pay the Architect the sum of $3,000. C. The parties hereto further agree to the following conditions: 1) Employment of Contractor. The Owner hereby agrees to engage the Architect and the Architect hereby agrees to perform in cooperation with the Owner the services hereinafter set forth in Attachment I. 2) Personnel. a) The Architect represents that he has, or will secure at his own expense, all personnel required in performing the services under this con- tract. Such personnel shall not be employees of or have any contractual rela- tionship with the Owner. b) All of the services required hereunder will be performed by the Architect or under his supervision, and all personnel engaged in the work Remainder of contract identical to previous contract with Michael 0. Maloney- Architect. Attachment I SCOPE OF SERVICES PEDESTRIAN IMPROVEMENTS I. Basic Service of the Architect 1. The Architect shall meet with potential participating agencies and pri- vate property owners and conduct required research and analysis. This will involve conferences with various agencies and with the City staff. 2. The Architect shall review preliminary site analyses prepared by the Planning Division and make any necessary modifications. 3. Schematic Design Phase a) The Architect shall consult with the City to ascertain the require- ments of the project and shall confirm such requirements to the City. b) The Architect shall prepare, review, and amend schematic design studies leading to a recommended solution together with a general description of the Project for approval by the City. This will include one drawing sheet for each block face (5 blocks) and shall contain elevations for each side of the street and a plan view. c) The Architect shall prepare the plans in accordance with applicable Federal standards. These shall include but not be limited to the Architectural Barriers Act. d) The Architect shall submit to the City a statement of the probable project construction cost based on current area, volume or other unit cost. e) The Architect will not clear plans and specifications until after the project has been environmentally cleared. 4. Design Development Phase a) The Architect shall prepare from the approved schematic design stud- ies the design development documents consisting of plans, elevations and other drawings, and outline specifications, and to fix and illustrate the size and character of the entire. Project in its es- sentials as to kind of material, type of structure, mechanical and electrical systems and such other work as may be required. b) The Architect shall submit to the City a further statement of the probable project construction cost and, if authorized by the City, obtain a semi-detailed estimate of such cost. 5. Construction Documents Phase a) The Architect shall prepare from the approved design development documents, working drawings, and specifications setting forth in detail and prescribing the work to be done, and the materials, work- manship, finishes, and equipment required for the architectural, structural, mechanical, electrical, service-connected equipment, and site work, and the necessary bidding information, General Conditions of the Contract, and Supplementary General Conditions of the Contract, and shall assist in the drafting of proposal and contract forms. b) The Architect shall keep the City informed of any adjustments to previous statements of the probable project construction cost indi- cated by changes in scope, requirements, or market conditions. c) The Architect shall be responsible for filing the required documents to secure approval of governmental authorities having jurisdiction over the design of the Project. d) The Architect shall comply with Federal standards of the Department of Housing and Urban Development. 6. Construction Phase - General Administration of Construction Contracts a) The Architect shall assist the City in obtaining proposals from Con- tractors and in awarding and preparing construction contracts. To the extent provided by the Contract between the City and the Con- tractor, the Architect shall make decisions on all claims of the City and Contractor and on all other matters relating to the execu- tion and progress of the work or the interpretation of the Contract Documents. b) The Architect shall check and approve samples, schedules, shop draw- ings and other submissions only for conformance with the design con- cept of the Project and for compliance with the information given by the Contract Documents, prepare change orders and assemble written guarantees required of the Contractors. c) The Architect will make periodic visits to the site to familiarize himself generally with the progress and quality of the work and to determine in general if the work is proceeding in accordance with the General Documents. He will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work and he will work in accordance with the Contract Docu- ments. During such visits and on the basis of his observations while at the site, he will keep the City informed of the progress of the work, will endeavor to guard the City against defects and deficien- cies in the work of Contractors, and he may condemn work as failing to conform to the Contract Documents. Based on such observations and the Contractors' Applications for Payment, he will determine the amount owing to the Contractor and will issue Certificates for Payment in such amounts. These Certificates will constitute a re- presentation to the City, based on such observations and the data comprising the Application for Payment that the work has progressed to the point indicated. By issuing a Certificate for Payment, the Architect will also represent to the City that, to the best of his knowledge, information and belief based on what his observations have revealed, the quality of the work is in accordance with the Contract Documents. He will conduct inspections to determine the dates of substantial and final completion and issue a final Certi- ficate for Payment. d) If more extensive representation at the site is required, the con- ditions under which such shall be furnished and Project Represen- tative selected, employed and directed, shall be agreed to by the City and the Architect. e) Upon completion of construction, the Architect shall furnish a set of "as built" drawings to the Owner, along with the original copies of all warrantees and guarantees. II. Extra Service of the Architect The following services, if performed due to unusual circumstances, cause the Architect extra expense, shall be paid for by the Owner as a multiple of Direct Personnel expense. 1. Making planning surveys and special analyses of the Owner's needs to clarify requirements of the Project when requested by the Owner. 2. Revising previously approved drawings or specifications to accomplish changes ordered by the Owner. 3. Consultation concerning replacement of any work damaged by fire or other cause during construction and furnishing professional services of the types set forth in paragraph C.1. , as may be required in connection with the replacement of such work.