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Res 1448 8/7/1973RESOLUTION NO. M./ee RESOLUTION APPROVING CONTRACT WITH KILLEBREW, RUCKER AND ASSOCIATES FOR SERVICES REGARDING BICENTENNIAL ACTIVITIES CENTER. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain agreement, a copy of which is attached hereto, between the City of Wichita Falls and Killebrew, Rucker and Asso- ciates, providing for certain services in regard to a Bicentennial Activities Center in Wichita Falls, Texas, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. PASSED AND APPROVED THIS THE 7TH DAY OF AUGUST, 1973. Or MAYOR ATTEST: Ci y Clerk AGREEMENT BETWEEN OWNER AND ARCHITECT This agreement made on this 10th day of August in the year 1973 between the City of Wichita Falls, Texas, the OWNER and Killebrew, Rucker and Associates, the ARCHITECT. It is the intention of the Owner to determine feasibility for a Bi- centennial Activities Center in Wichita Falls, Texas, and based upon feasibility to decide whether to proceed with the construction of such facility, hereinafter referred to as the PROJECT. The Owner and the Architect agree as set forth below. The Architect shall provide professional services for the Project in accordance with the terms and conditions of this agreement, which services shall be performed in a good and workmanlike manner. The Owner shall compensate the Architect, in accordance with the terms and conditions of this agreement, as follows: A. For the Architects feasibility study, as described below, no fee. B. For the Architects basic services, including architectural, planning and engineering services a professional fee of: 6.15% of total construction costs for costs between $1,500,000 to $2, 500, 000; 6% of construction costs for costs between 2,500, 000 to $3,500,000; or 5. 85% of construction costs for costs from $3,500, 000 to $4, 500, 000. No land costs shall be included in construction costs. Feasibility Study 1. Assist the Owner in determining the requirements for the Project and to confirm such requirements with the Owner. 2. Assist the Owner in site requirements and selection including traffic studies. 3. A master plan showing the location of the proposed facility on the site and programming for later expansion to the year 2000. 4. Inspecting other facilities and centers to determine a general plan and design of the Project to suit the Owners needs. 5. Schematic design studies, which include drawings and other documents illustrating the scale and relationship of the Project components for approval by the Owner. 6. A color rendering and a study model showing the proposed facility for promotional or exhibition use. 7. Assist the Owner in presenting this Project to the public. 8. A statement of probable construction costs based upon current area, volume or other unit costs. 9. Assist the Owner in determining the operating expenses and anticipated revenue of the facility (cost analysis and economics of operation). Basic Services If after the Feasibility Study is completed and the Owner determines to proceed with construction of this Project, the following basic services shall be provided by the Architect in a good and workmanlike manner for the percentage of total fee as indicated: 1. Schematic Design Phases - 15% of fee. a) Establish client requirements for project. b)Counsel on site selection and master plan preparation. c)Prepare schematic design studies showing the scope, relation- ship to the site plus adjacent structures, if any, for Owner approval. d) Submit probable preliminary construction costs based on area, volume and unit costs where possible in order to establish a feasible budget. 2. Design Development Phase - 20% of fee. a)Prepare from the approved schematic design studies the design development documents consisting of drawings and specifications as required to establish size and character of the project includ- ing the structural, mechanical and electrical systems, materials and such other essentials as are appropriate, and submit these documents for Owner's approval. b)Re-evaluate and adjust the statement of probable construction cost as appropriate. 3. Construction Documents Phase - 40% of fee. a)Prepare from the approved design development documents the complete working drawings and specifications describing in detail the work to be done to construct the project. b)Prepare necessary bidding information. c)Re-evaluate and adjust the previous statements of probable con- struction costs as appropriate because of changes in scope or project requirements. 2- d)Assist the Owner in filing proper documents and securing necessary approvals of governmental or other agencies having jurisdiction over the project. 4. Bidding or Negotiation Phase - 5% of fee a) Assist the Owner in securing bids or negotiated proposals for construction based upon construction documents. b)Assist the Owner in evaluating proposals and furnish the Owner's attorneys with information for preparing and award- ing construction contracts. 5. Administration of Construction Contract During Construction Phase - 20% of fee. a)Provide administration of the construction contract as set forth in the general conditions of the contract. b)Make periodic visits to the site by principal in addition to full time observation of the work to determine that the work is pro- ceeding in accordance with the contract documents. This shall mean continuous on-site inspections of the quality or quantity of the work. c)Based upon the principals' visits to the site and the contractor's applications for payment the architect will issue certificates recommending payment by the owner to the contractor for work done on the project. d)Interpret the construction documents to the contractor as necessary. e)Review shop drawings and samples submitted by the contractor and approve those which comply with the requirements of the construction documents. f)Receive from the contractor and deliver to the Owner all cer- tificates of inspecting authorities, equipment operating manuals, bonds, guarantees and related documents. g)Prepare change orders to amend the contract cost. h)Determine the dates of substantial and final completion based upon inspections of the completed work. i)When the project has been completed and the final certificate for payment has been issued, the services of the architect have been completed. 6. Other Architectual, Planning and Engineering Services a)Separate Contracts - should the Owner elect to use phased con- struction such as foundation, superstructure, skin, IIVAC, ceiling-lighting, and balance of contract to complete - Architects will prepare bid documents for this type of multi-prime contracts or the standard single-prime contract. 0- b)Extra Services - Architect will perform such extra services as necessary due to unusual circumstances such as fire, windstorm or other catastrophes during construction, default of contractors or others involving arbitration of the courts. c)Record Drawings - At the completion of the construction period Architect shall prepare "as built" or "record" drawings. d)Guarantee Period - Architect shall inspect project prior to expiration of the guarantee period, report discrepancies as pro- vided by the construction contracts. Inspect at end of guarantee, write report. e)Consultants - Architect shall associate and pay fees for special consultants including mechanical and electrical engineering, acoustical and design and building function as approved or recom- mended by the owner. f)Cost Estimates - Architect shall prepare detailed cost estimates during preparation of plans. Facilitate cost engineering controls to assure project staying within budget. g)Manuals - Architect shall prepare and provide owner with three copies of maintenance and operation manuals. h)Alternates - Architect shall hid documents for additive or de- ductive alternates of approved items to assure meeting the budget. i)Interior Design - Architect shall provide design, contracts for furniture, fixtures, decorative work and assistance in selection and purchase of same. j)Administration of Construction - Architect shall provide full time qualified project representative. k)Landscape - Architect shall provide architectual landscape design including sprinkler system layout. The Owners Responsibilies The Owner shall provide full information regarding his requirements for the Project. The Owner shall designate, when necessary, a representative authorized to act in his behalf with respect to the Project. The Owner or his representative shall examine documents submitted by the Architect and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architect's work. The Owner shall furnish a certified land survey of the site giving, as applicable, grades and lines of streets alleys, pavements and adjoining property; rights-of-way, restric- tions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and complete data pertaining to existing buildings, other improvements and trees; and full information concerning available service and 4- utility lines both public and private, above and below grade, including inverts and depths. The Owner shall furnish the services of a soils engineer of other consultant when such services are deemed necessary by the Architect, including reports, test borings, test pits, soil bearing values, percolation tests, air and water pollution tests, ground corrosion and resistivity tests and other necessary operations for determining subsoil, air and water conditions, with appropriate professional interpretations thereof. The Owner shall furnish structural, mechanical, chemical and other laboratory tests, inspections and reports as required by law or the Contract Docu- ments. The Owner shall furnish such legal, accounting, and insurance counselling services as may be necessary for the Project, and such auditing services as he may require to ascertain how or for wrat purposes the Contractor has used the moneys paid to him under the Construction Contract. The services, information, surveys and reports required by above shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. If the Owner observes or otherwise becomes aware of any fault or defect in the Pro- ject or non-conformance with the Contract Documents, he shall give prompt written notice thereof to the Architect. The Owner shall furnish information required of him as expeditiously as necessary for the orderly progress of the work. Construction Cost The Construction Cost shall be the total cost or estimated cost to the Owner of all work designed or specified by the Architect, and shall be determined as follows, with precedence in the order listed: 1. For completed construction, the total cost of all such work. 2. For work not constructed, (1) the lowest bona fide bid received from a qualified bidder for any or all of such work, or (2) if the work is not bid, the bona fide negotiated proposal submitted for any or all of such work; or 3. For work for which no such bid or proposal is received, (1) the latest Detailed Estimate of Construction Cost if one is available, or (2) the latest Statement of Probable Construction Cost. 5- 4. Construction Cost does not include the compensation of the Architect and consultants, the cost of the land rights-of-way, or other costs which are the responsibility of the Owner. 5.Statements of Probable Construction Cost and Detailed Cost Estimates prepared by the Architect represent his best judgement as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the Owner has any control over the cost of labor, materials or equipment, over the constractor's methods of determining bid prices, or over competitive bidding or market conditions. Accordingly, the Architect cannot and does not guarantee that bids will not vary from any Statement of Prob- able Construction Cost or other cost estimate prepared by him. 6.When a fixed limit of Construction Cost is established as a condition of this Agreement, it shall include a bidding contingency of ten percent unless another amount is agreed upon in writing. When such a fixed limit is established, the Owner and Architect shall jointly determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, and make reasonable adjustments in the scope of the Project to bring it within the fixed limit. The Architect may also include in the Contract Documents alternate bids to adjust the Construction Cost to the fixed limit. 7.If the lowest bona fide bid or negotiated proposal, the Detailed Cost Estimate or the Statement of Probable Construction Cost exceeds such fixed limit of Construction Cost (including the bidding contingency) established as a condition of this Agreement, the Owner shall (1) give written approval of an increase in such fixed limit, (2) authorize re- bidding the Project within a reasonable time, or (3) cooperate in re- vising the Project scope and quality as required to reduce the Probable Construction Cost. In the case of (3) the Architect, without additional 6- charge, shall modify the Drawings and Specifications as necessary to bring the Construction Cost within the fixed limit. The providing of such service shall be the limit of the Architect's responsibility in this regard, and having done so, the Architect shall be entitled to compen- sation in accordance with this Agreement. Payments to Architects Payments on account of Architect's professional fee shall be made monthly in proportion to services performed so that the total payments on account of the pro- fessional fee at the completion of each phase of the Architect's services shall be equal to the percentage of total fee as indicated under basic services. If the Project is suspended for more than three months or abandoned in whole or in part after the feasi- bility study, the Architect shall be paid its compensation for services performed prior to receipt of written notice from the Owner of such suspension or abandonment. If the Project is resumed after being suspended for more than three months, the Architect's compensation shall be subject to renegotiation. Termination of Agreement This agreement may be terminated by either party upon seven days written notice should the other party fail substantially to perform in accordance with its terms through no fault of the other. In the event of termination due to the fault of others than the Architect, the Architect shall be paid his compensation for services performed to termination date. Successors and Assigns The Owner and the Architect each binds himself his partners, successors, assigns and legal representatives to the other party to this agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this agreement. Neither the Owner nor the Architect shall assign, sublet or transfer his interest in this agreement without the written consent of the other. Arbitration All claims, disputes and other maters in question arising out of, or relating 7- r • to, this agreement or the breach thereof shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining unless the parties mutually agree otherwise. This agreement to arbi- trate shall be specifically enforceable under the prevailing arbitration law. Notice of the demand for arbitration shall be filed in writing with the other party to this agree- ment. The award rendered by the arbitrators shall be final, -and judgement may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. Executed this 10th day of August , 1973 by: CITY OF WICHITA FALLS, TEXAS Gera . Fox City Manager ATTEST: 2A71>-ire J t1.7rl,G%7-- KILLEBREW RUCKER SASSOCIATES ca 1Ak PA The provisions in the above contract providing for arbitration were concluded upon the advise of counsel. C---/-t-.--/ I.-----A-6,,e; es - ' Attorney f r City of hit Falls Attorney for Killebrew, Rucker & Associates