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.