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Min 05/06/1980 21 Wichita Falls , Texas Memorial Auditorium Building May 6, 1980 Items 1 & 2 The Board of Aldermen of the City of Wichita Falls, Texas , met in regular session on the above date in the Council Room of the Memorial Auditorium Building at 8:30 o'clock A.M. , with the following members present. Kenneth Hill Mayor Marvin Traywick John Hampton, Jr. Carol Russell Aldermen Curtis Smith Jim Thomas Horace 0. Boston Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Gerald Carlson Chief Accounting Officer Wilma J. Thomas City Clerk The invocation was given by Baxton Bryant, Wesley United Methodist Church. Item 3 Moved by Alderman Russell that minutes of the meeting held April 29, 1980, be approved. Motion seconded by Alderman Traywick, and carried unanimously. Items 4a - 9h Items 5a and 9e were moved from the Consent to the Regular Agenda. Moved by Alderman Thomas that the remaining items on the consent agenda be approved. Motion seconded by Alderman Boston. V Item 4a 'ORDINANCE NO. 3657 ORDINANCE EXTENDING STATE OF DISASTER EMERGENCY FOR SEVEN DAYS. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays : None Item 4b ,'ORDINANCE NO. 3658 ORDINANCE WAIVING SECTION 22-1 OF THE CODE OF ORDINANCES TO ALLOW SOCCER CLINIC AT JAYCEE PARK. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays: None Item 4c ` ORDINANCE NO. 3659 ORDINANCE ACCEPTING IMPROVEMENTS OF TANGLEWOOD DRIVE FROM THE NORTH PROPERTY LINE OF BRIAR CLIFF DRIVE TO THE NORTHWEST CORNER OF LOT 16, BLOCK 1 , TANGLEWOOD, SECTION 1-A PAVING PROGRAM IN THE CITY OF WICHITA FALLS, TEXAS AS DESIGNATED IN ORDINANCE NO. 3605 DECLARING THE CONTRACT 22 Item 4c, cont'd. WITH PARKER SQUARE SAVINGS AND LOAN ASSOCIATION, WICHITA FALLS, TEXAS FOR THE CONSTRUCTION OF SAID IMPROVEMENTS FULLY COMPLETED AND PERFORMED; DIRECTING THE ISSUANCE, EXECUTION AND DELIVERY OF CERTIFICATES IN EVIDENCE OF SPECIAL ASSESSMENTS LEVIED AFTER GIVING EFFECT TO SUNDRY CREDITS HEREIN AUTHORIZED AND ALLOWED AGAINST SOME OF SAID ASSESSMENTS; DIRECTING THE CITY CLERK TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOK OF THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS AND BY FILING THE COMPLETE ORDINANCE IN APPROPRIATE ORDINANCE RECORDS OF SAID CITY; AND PROVIDING AN EFFECTIVE DATE. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays : None v' Item 5b RESOLUTION NO. 2513 RESOLUTION APPROVING FIRST AMENDMENT OF RIO AIRWAYS, INC. LEASE OF PREMISES AT SHEPPARD AIR FORCE BASE/WICHITA FALLS MUNICIPAL AIR TERMINAL. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain First Amendment of Rio Airways, Inc. Lease of Premises at Sheppard Air Force Base/Wichita Falls Municipal Air Terminal , a copy of which is attached hereto, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays : None v Item 6a A proposed ordinance was presented awarding the bid on the 1980 Community Development Assessment Paving Program. ORDINANCE NO. 3660 AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE COST OF CONSTRUCTION OF IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED FOR VARIOUS STREETS DESIGNATED AS THE 1980 COMMUNITY DEVELOPMENT PAVING PROGRAM IN THE CITY OF WICHITA FALLS, TEXAS; FIXING TIME AND PLACE FOR HEARING OF THE OWNERS OF ABUTTING PROPERTY AND TO ALL OTHERS INTERESTED; DIRECTING THE CITY CLERK TO GIVE NOTICE OF SUCH HEARING; AND DECLARING AN EMERGENCY. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas , and Boston Nays: None ',Item 7 a RESOLUTION NO. 2514 RESOLUTION APPROVING FINAL ESTIMATE AND ACCEPTING CONSTRUCTION OF SANITARY SEWER MAINS ON JACKSBORO HIGHWAY FROM ARMORY ROAD TO 30TH STREET. WHEREAS, the City of Wichita Falls and Bowles Construction Company, as Contractor, entered into a contract dated January 23, 1980, wherein contractor agreed to construct sanitary sewer mains on Jacksboro Highway from Armory Road to 30th Street; and, WHEREAS, said construction has been completed in accordance with the plans and specifications; and, WHEREAS, the final estimate has been submitted on this project, which final estimate shows a total amount of work done as $46,768.40 of which $44,429.98 has been 23 Item 7a, cont'd. paid to the contractor, leaving a balance of $2,338.42. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The construction of sanitary sewer mains on Jacksboro Highway is accepted by the City of Wichita Falls, the final estimate is approved and the City Manager is directed to pay to the said Contractor the amount due as shown on such estimate. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays: None V Item 7b ✓RESOLUTION NO. 2515 RESOLUTION APPROVING CHANGE ORDER NO. 1 AND NO. 2 AND FINAL ESTIMATES AND ACCEPTING CONSTRUCTION OF THE MILLER ROAD AND JOHNSON ROAD FIRE STATIONS. WHEREAS, the City of Wichita Falls, as owner and Reid-Ross Company, as contractor, entered into a contract dated October 23, 1979, wherein said contractor agreed to construct a Fire Station on Johnson Road and a Fire Station on Miller Road as designed and specified by the Architectural Firm of Charles Harper and Associates; and, WHEREAS, said construction has been completed in accordance with the plans and specifications; and, WHEREAS, Change Order No. 1 and No. 2 and the final estimate has been submitted on this project, which final estimate and Change Order No. 2 shows a total amount of work done as $380,553.40, of which $290,633.40 has been paid to the contractor, and $2,000.00 is being held as retainage, leaving a balance of $87,900.00. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The construction of the Miller Road Fire Station and the Johnson Road Fire Station is accepted by the City of Wichita Falls, Change Order No. 2 and Final Estimate is approved, and the City Manager is directed to pay to said contractor the amount due as shown on estimate. At the expiration of one year from the date of this resolution, if the contractor's guarantee has been satisfied, the $2,000.00 retainage shall be paid to the contractor. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays : None Item 8a Authority was granted to advertise for bids on the 1980 Reconstruction Program. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays : None f Item 8b Authority was granted to advertise for bids on the 1980 Seal Coat Program. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays: None / Item 8c Authority was granted to advertise for bids for a portable air compressor for the Street Department. 24 Item 8c, cont'd. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays : None Item 9 Minutes of the meetings of the following boards and commissions were received. a. Board of Electrical Examiners - April 10, 1980 b. Planning Board - April 9, 1980 c. Design Review Commission - April 10, 1980 d. Traffic Commission - April 15, 1980 f. Park Board - April 22, 1980 g. Human Relations Commission - April 21 , 1980 h. Mayor's Commission on Status of Women - April 17, 1980 Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays: None Item 9e Alderman Hampton emphasized to the Council members who voted to double the parking fees at the airport that the Aviation Advisory Board is recommending that the City take over the APCOA parking lot as soon as possible, and reduce the fees. The City Manager explained that if the contract was cancelled by the City, the City would owe APCOA part of the amortized cost. Moved by Alderman Traywick that minutes of the meeting of the Aviation Advisory Board held April 16, 1980, be received. Motion seconded by Alderman Thomas , and carried unanimously. \' I tem 5a A proposed resolution was presented determining necessity for acquisition of property for Wichita River Greenbelt project. Alderman Hampton requested that maps be shown, indicating the property in question. City Manager Gerald Fox stated that the Wichita River project includes several phases. One phase is to provide for an extension of Sunset Drive for a new entrance into Lucy Park. Bill Hursh, Director of Parks and Recreation, displayed a map of the area, stating that initial land acquisition would be for one remaining piece of property in the park which we do not now own. He pointed out location of various properties. RESOLUTION NO. 2516 A RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF PROPERTY FOR THE WICHITA RIVER GREENBELT PROJECT AUTHORIZING EMPLOYMENT OF APPRAISERS AND ESTABLISHING LAND ACQUISITION POLICY. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Section No. 1 It is necessary to acquire the following described tracts of land for the Wichita River Greenbelt Improvement Project under the Community Develop- ment Block Grant Program, to wit: WICHITA RIVER GREENBELT IMPROVEMENT PROJECT 5 acre Tract, No. 35 and No. 36, Abstract 300-J 1 .55 Acre Tract, No. 35 & No. 36, Abstract 300-J Lots 1 , 2, & 3, Block 4, Breaux Acre Addition Lots 23, & 24, Block 35, Scotland Addition Lots 1 , 2, 3, 22, 23, & 24, Block 38, Scotland Addn. i 25 t Item 5a, cont'd. Lots 6-B, 7-B, 8-B, 9-B, 10-B, 11-B, 12-B, & 13-B Block B, Scotland Gardens Addition No. 1 Lots 6-A, 7-A, 8-A, 9-A, 10-A, 11-A, 12-A, & 13-A, Block B, Scotland Gardens , Addition No. 1 Lots 1 , 2, 3, 4, & 5, Block A, Scotland Gardens Addition No. 1 Remaining S. W. corner of Lot 6, Block C, Scotland Gardens Addition No. 2 Remaining Northwest Triangle of Lot 26, Block B Scotland Gardens Addition No. 2. Section No. 2 The City Manager is hereby authorized to employ appraisers to appraise the property being acquired for the Wichita River Greenbelt Improvement project. Section No. 3 The following procedures shall be used in the acquisition of properties for the Wichita River Greenbelt Improvement Project, the objectives of which are to insure that uniform, fair and equitable treatment be afforded persons displaced as a result of this federally assisted project, to encourage and expedite acquisition by agreements with property owners to avoid litigation and relieve congestion in courts , to assure consistent treatment for owners of real property to be so acquired, and to promote public confidence in federal land acquisition: A. The City shall make every reasonable effort to acquire such real property expeditiously by negotiation. B. Real property shall be appraised before the initiation of negotiations, and the owner or his representative designated in writing shall be given an opportunity to accompany the appraiser during his inspection of the property. C. Before the initiation of negotiations for the acquisition of such real property, the City shall offer to acquire the property for the full amount so established, which shall be not less than the approved appraisal of the fair market value of the property. The owner shall be provided with a written Statement of the Basis for Determination of Just Compensation. If only a portion of the property is acquired, the Statement shall make an apportionment between the compensation for the property acquired and the net damages or benefits to the remaining property. D. If the acquisition of a portion of a property would leave the owner with an uneconomic remnant, the City will offer to acquire such uneconomic remnant. E. If the owner is not satisfied with the City's offer, he may refuse to accept it; if he can provide evidence concerning value or damage that warrants a change in the City's determination of just compensation, the price will be adjusted accordingly by the appraiser. F. No owner shall be required to surrender possession of real property before the City pays the agreed purchase price, or deposits with the court in which the City has instituted a condemnation proceeding for such property, for the benefit of the owner, an amount not less than the fair market value of such property, or the amount of the award of compensation in the condemnation proceeding for such property. G. The City shall furnish the owner a statement identifying the settlement and related costs that will be paid by the City. H. The construction or development of a project shall be so scheduled that no person lawfully occupying real property shall be required to move from a dwelling (assuming a replacement dwelling will be available) or to move his business or farm operation, without at least 90 days written notice from the City of the date by which such move is required. However, shorter notice may be given where HUD determines that such 90 day notice is impracticable. I . If arrangements are made to rent the property to an owner or his tenant for a short term or for a period subject to termination by the City on shorter 26 Item 5a, cont'd. notice, the rental will not exceed the lesser of (1 ) the fair rental value of the property to a short-term occupier, (2) the pro rata portion of the fair rental value for a typical rental period, or if the owner or his tenant is an occupant of a dwelling, the rental for such dwelling shall not exceed 25% of his income. J. The City shall not advance the time of condemnation or defer negotiations or condemnation and the deposit of funds in court for the use of the owner, or take any other action which is coercive or misleading in nature in order to compel an agreement on the price to be paid for the property. K. If any interest in real property is to be acquired by the exercise of the power of eminent domain, the City shall institute formal condemnation proceedings to prove the fact of the taking of real property. L. In any case in which a notice is served by the City of its intention to acquire real property, initiation of negotiations shall occur within 90 days of the service of such notice of intention. Moved by Alderman Hampton that Resolution No. 2516 be passed. Motion seconded by Alderman Traywick, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays: None Item lla The public hearing was opened on hazardous structures. Lee W. Kelly appeared in regard to his property at 1106 Homes. He stated that one of the reasons why repair or demolition has not been done is because of other projects which he has going. He stated that he can only borrow a small percentage of the money which it takes to complete these properties, and he has to finance 85 percent of it himself. He stated that things are developing, and will continue to do so. The exterior part can be completed in the next three to four weeks. City Manager Gerald Fox asked Mr. Kelly how old the building permit is? Mr. Kelly stated that it is more than a year old. He also has four other building permits outstanding at this time. Mr. Lillard noted that one of the permits is eight years old. It was noted that he has been cited on all these properties. The Mayor asked Mr. Kelly why he is not cooperating, and suggested that he work on one property until it is completed instead of jumping around from one to another. He further stated that the City has been notorious for allowing him extra time, but that he is not inclined to do so at this time. He will have 30 days in which to make repairs. Betty Murphy, 1309 3rd Street, appeared for Mrs. R. E. Batson estate, stating that the City now owns the property. It was noted that this property is not a part of the public hearing. She complained about the handling of delinquent taxes and mowing of property. Lynn Reeves and Mrs. C. E. Cantrell appeared regarding the property at 716 Ross. Mrs. Cantrell stated that they are trying to clean up this property, but that her husband has been disabled since 1972. It will take them a little longer to complete it. Ernest Lillard stated that in February 1980 they were instructed to clean the entire lot of trees , appliances, abandoned shed, and rubble. The house needs to be repaired, and the lot is completely covered with junk and debris. Mrs. Cantrell stated that they plan to put a tin fence around the property, and a cyclone fence around the house. Alderman Thomas asked if they did not have any consideration for the neighbors living there, stating that there is nothing more unsightly than a tin fence. Mayor Hill stated that he would be willing to grant them an additional sixty days, but that he would not want them to come back and ask for more time. I 27 Item lla, cont'd. Mrs. J. R. Benson appeared for property located at 1401 , 1405, and 1409 Midwestern Parkway. She stated that they are constructing a building in which to move all of this. She requested an additional thirty days in which to get it moved, stating that they have to do this work after hours. Robert E. Hennessey, 1309 Bell Street, stated that after the house burned he waited for an insurance adjustment before doing anything about it. He stated that he could have the property cleaned up within 30 days. ORDINANCE NO. 3661 ORDINANCE CLOSING HEARING AND FINDING CERTAIN BUILDINGS AND/OR STRUCTURES TO BE DANGEROUS; COMMANDING PROPERTY OWNERS TO REPAIR, VACATE, OR DEMOLISH SAID BUILDING AND/OR STRUCTURES WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDINANCE AND DECLARING AN EMERGENCY. Moved by Alderman Thomas that Ordinance No. 3661 be passed. Motion seconded by Alderman Russell , and carried by the following vote. i Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays: None Item 12a Tommy Harbour, 225 Loch Lomand, requested that the restroom facility in Loch Lomand Park be relocated so that it will not be in front of his home. Bill Hursh, Director of Parks and Recreation, stated that they are about fifteen percent along with this facility. They started six to eight weeks ago. Alderman Traywick stated that he feels we have a problem because it is located very close to residential property. He believes they should ask the Park Board to reconsider the location of this restroom facility. Alderman Thomas agreed, stating that the Harbours' have a beautiful home, and the restroom should be placed somewhere else. If the Park Board members have any questions they should take a look at the property. Bill Hursh stated that their problem was to keep from destroying a portion of the sprinkler system, and keep it high enough for drainage to the sewer plant. Moved by Alderman Traywick that this matter be referred back to the Park Board for an alternate location, with temporary suspension of construction of the building. Motion seconded by Alderman Thomas, and carried unanimously. Item 12b Mr. Herbert Morgan appeared from the Lake Kickapoo Volunteer Fire Department, asking that the rental fee for the lots be reduced from $200.00 per year to a token fee. He stated that they would also like to place a community center building on the lot at some time. They will only have $1900 per year to operate on. The lot has been cleaned of weeds . ✓ RESOLUTION NO. 2517 RESOLUTION AMENDING RESOLUTION NO. 2503 TO REDUCE THE RENT CHARGED TO LAKE KICKAP00 VOLUNTEER FIRE DEPARTMENT AND COMMUNITY CENTER. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Resolution No. 2503, adopted April 15, 1980, authorizing a lease to the members of the Lake Kickapoo Volunteer Fire Department and Community Center, is hereby amended to reduce the annual rental payable thereunder from $200 to $1 .00. 28 Item 12b, cont'd. Moved by Alderman Smith that Resolution No. 2517 be passed, leasing this property to them for $1 .00 per year. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays : None 4 Item 13a Discussion was held on a proposed ordinance establishing development standards for single family zero lot line subdivision, and defining a townhouse. Director of Planning Roger McKinney explained the requirements of this ordinance. Alderman Thomas stated that we should incorporate an alley wide enough for two cars to meet. Ernest Lillard stated that it takes 17 to 18 feet for that. Mr. McKinney stated that the reason alleys were not addressed in this ordinance is that they are addressed in another ordinance, and only referenced in this one. Joseph Zinn, 2625 Amherst, stated that he does not believe the Council is serving the citizens of our city. They should look into this more carefully. He does not feel that Maplewood Drive is adequate access to that area. City Manager Gerald Fox stated that there are no land use controls in this city. Anything could go behind this property unless there are deed restrictions. By law, the City cannot control land use in this city. What the Council is trying to do now is provide some type of control , other than land use controls, for this type of development. Alderman Smith stated that he feels we are creating a problem in not having a wider alley in this concentrated area. He feels we should have an 18-foot paved alley. A minimum of 25 feet of right-of-way would be needed. A motion was made by Alderman Traywick for passage of the ordinance; however, no second was received. Moved by Alderman Thomas that we pass over this ordinance. Motion seconded by Alderman Smith, and carried by the following vote. Ayes: Mayor Hill , Aldermen Hampton, Russell , Smith, Thomas, and Boston Nays : Alderman Traywick Item 13b A proposed ordinance was presented adopting the 1979 edition of the Standard Fire Prevention Code. y ORDINANCE NO. 3662 ORDINANCE ADOPTING STANDARD FIRE PREVENTION CODE, PREPARED AND PUBLISHED BY THE SOUTHERN BUILDING CODE CONGRESS INTERNATIONAL, INC. , BEING PARTICULARLY THE 1979 ADDITION THEREOF WITH CERTAIN AMENDMENTS, CHANGES AND DELETIONS. Moved by Alderman Thomas that Ordinance No. 3662 be passed. Motion seconded by Alderman Traywick, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays: None 29 4, Item 13c A request was made by Rick Gearhart, D & D Sign Company, for waiver of the sign ordinance for a sign at Cedar Hollow apartment complex at 1200 Ridgeway Street. Mr. Gearhart explained his reasons for the request, and the size of the sign. The sign is located outside the required 25 foot setback limit for large ground signs. Moved by Alderman Thomas that the variance not be granted. Motion seconded by Alderman Hampton, and carried by the following vote. Ayes: Mayor Hill , Aldermen Hampton, Smith, and Thomas Nays: Aldermen Traywick, Russell , and Boston The City Manager stated that the sign ordinance should be reviewed by members of the sign companies and the Planning Board. This has been a previous recommendation of the Zoning Commission. Item 14a The City Manager discussed the airport improvement funding assistance grant request. The City has been approved for $124,864 of federal funds for airport improvements. Total estimated cost of the work is $191 ,143, with the City's portion being $66,279. The City has recently been informed by the Federal Aviation Administration that enplanement funds are available to the City in the amount of $791 ,814. We will become ineligible for these funds as of September 30, 1980 unless we are under contract by that date. We plan to upgrade the terminal remodeling to include two additional restrooms , the entire heating and air conditioning, to continue with replacing part of the commercial ramp area, additional taxiway and ramp space, as well as an additional roadway to reach those facilities. This would allow for additional construction of 25-30 T-hangars by private enterprise. ✓ RESOLUTION NO. 2518 RESOLUTION APPROVING CONTRACT WITH BIGGS AND MATHEWS, INC. FOR ENGINEERING SERVICES RELATIVE TO CONSTRUCTION WORK ON COMMERCIAL APRON 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 Biggs and Mathews, Inc. , whereby Biggs and Mathews, Inc. will provide certain engineering services relative to construction work on the commercial apron at the Wichita Falls Municipal Airport is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Hampton that Resolution No. 2518 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays: None f RESOLUTION NO. 2519 RESOLUTION APPROVING CONTRACT BETWEEN THE CITY OF WICHITA FALLS AND JOE B. ROBERTS FOR ARCHITECTURAL SERVICES RELATIVE TO THE REMODELING AND ADDITION TO RESTROOMS FACILITIES AND HEATING/AIR CONDITIONING SYSTEM AT MUNICIPAL AIRPORT. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, TEXAS. 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 remodeling and addition to restroom facilities and remodeling of heating and air/conditioning 30 Item 14a, cont'd. systems at the Municipal Airport Terminal Building, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Traywick that Resolution No. 2519 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays : None Moved by Alderman Thomas that we go on record in favor of the proposed airport improvements in the amount of $791 ,814. Motion seconded by Alderman Traywick, and carried unanimously. ✓Item 14b A proposed resolution was presented approving joint certification package for urban transportation plan. RESOLUTION NO. 2520 A RESOLUTION APPROVING THE JOINT CERTIFICATION PACKAGE FOR URBAN TRANSPORTATION PLANNING AND AUTHORIZING THE CITY MANAGER TO EXECUTE REQUIRED CONTRACTS, AGREEMENTS, AND CERTIFICATIONS. WHEREAS, in the Wichita Falls area federal assistance may be requested for 1 ) street and highway construction, 2) capital and operating assistance for public mass transportation, 3) airport improvement, and 4) transportation planning; and, WHEREAS, Joint Certification of the Urban Transportation Planning Process by the Federal Highway Administration and Urban Mass Transit Administration is prerequisite for federal capital , operating, and planning assistance; and, WHEREAS, the Joint Certification process requires endorsement by the Metropolitan Planning Organization of the Transportation Improvement Program with Annual Element, and the Unified Work Program; and, WHEREAS, the City of Wichita Falls, Texas has been designated on June 22, 1977 as the Metropolitan Planning Organization for the Wichita Falls urbanized area through August 31 , 1981 ; and, WHEREAS, the City of Wichita Falls , Texas has accepted the designation. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1 . The following documents of the Urban Transportation Planning Process are hereby endorsed as being valid and consistent with the City of Wichita Falls General Plan, community development objectives, overall social , economic, environmental , system performance, and energy conservation goals and objectives: 1 . Agreements "Continuing Phase Agreement", dated September 12, 1979; an Agreement designating City of Wichita Falls as MPO, dated July 22, 1979; and an Agreement between Nortex Regional Planning Commission and the MPO, dated December 21 , 1979 2. Transportation Improvement Program with Annual Element 1980-1981 3. Unified Work Program - September 1 , 1980 - August 31 , 1981 . SECTION 2. The City Manager is authorized to execute required contracts, agreements, and certifications for continued transportation planning activities and for the City of Wichita Falls continuing to perform as the Metropolitan Planning Organization. 31 Item 14b, cont'd. Moved by Alderman Traywick that Resolution No. 2520 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays: None `Item 14c A proposed resolution was presented approving consolidation of Burns Leasing Corporation lease at Lake Kickapoo with fifteen additional acres. Alderman Hampton questioned the expiration date because the two leases in question have different expiration dates . City Attorney H. P. Hodge, Jr. stated that he interpreted it to mean that both leases would be for a term to expire in five years from the original lease. RESOLUTION NO. 2521 RESOLUTION APPROVING CONSOLIDATION AGREEMENT WITH BURNS LEASING CORP. , CONSOLIDATING OIL AND GAS LEASES AT LAKE KICKAP00. WHEREAS, heretofore the City of Wichita Falls executed an oil and gas lease to Burns Leasing Corp. covering 45 acres, more or less, near Lake Kickapoo, which lease is recorded in Volume 382, Page 214, Archer County Deed Records; and, WHEREAS, the City of Wichita Falls executed an oil and gas lease to S. Keith Tuthill and Bill J. Barbee, covering approximately 124 acres near Lake Kickapoo, which lease is recorded in Volume 383, Page 233, Archer County Deed Records; and, WHEREAS, Burns Leasing Corp. has acquired the latter lease insofar as it covers 15 acres, and desires to consolidate it with the lease first described above. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain Consolidation Agreement, a copy of which is attached hereto, between the City of Wichita Falls and Burns Leasing Corp. , is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Thomas that Resolution No. 2521 be passed. Motion seconded by Alderman Traywick, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays: None f Item 15a Discussion was held on contracting dirt work at Wood Memorial Park. No bids were received; however, proposals were taken. The low proposal was from Bob Bounds Paving Company at $1 .97 a cubic yard, or $15,750. City Attorney H. P. Hodge, Jr. expressed concern whether we could make a valid contract under these circumstances, with no bids having been received. He is concerned that he will do the work, but that he would not bid on it. Director of Parks and Recreation Bill Hursh stated that Mr. Bounds did not want to bid because of the maintenance bond. He did not want to be held responsible for something which might happen beyond his control , such as dirt washing in the creek. Moved by Alderman Traywick that authority be granted to re-advertise for bids for dirt work at Wood Memorial Park, and that bids be taken both with and without a maintenance bond. Motion seconded by Alderman Thomas, and carried unanimously. 32 The Board of Aldermen recessed at 11 :25 A.M. to go into executive session to discuss board appointments. The meeting resumed at 11 :40 A.M. ,/ Item 16a v Moved by Alderman Thomas that Tom Elam be reappointed, and that Winter Johnson be appointed to the Housing Authority Board for terms to expire June 12, 1980 and June 12, 1982, respectively. Motion seconded by Alderman Traywick, and carried unanimously. Moved by Alderman Thomas that Dr. Hulen Cook, Jr. and Robert Pace be reappointed to the Wichita General Hospital Board of Trustees for terms to expire April 1 , 1982. Motion seconded by Alderman Hampton, and carried unanimously. y Item 16b Mayor Hill announced that a work session will be held next Tuesday in the Conference Room pertaining to the landfill site, following the special council meeting. The work session will be open to the public. Mayor Hill suggested that those who served on the Zoning Commission be contacted to see if they would accept this responsibility again, and to work on it up until the next city election. Alderman Smith stated that the only way he would consider it would be to have some of the dissenters on that committee; otherwise, it would f be wasted effort. The people voted it down. The Council requested that the City Attorney review it from a legal standpoint. The City Manager would talk with Mr. Featherston, of the Board of Realtors. Alderman Russell announced that the dedication of the farmers ' market will be held at noon on Saturday. She expressed appreciation to Dane Bennett and his crew y for their clean-up efforts. Angus Thompson, 608 Dee Drive, introduced Robert Petty, who made a presentation on Williams Park. He stated that not all of the people are like the story presented on April 10. Robert Petty requested speed bumps in Williams Park, and signs for bike trails in the park. He stated they were also working with CAC on a swimming program for the East side of town. The Board of Aldermen adjourned at 12:00 P.M. PASSED AND APPROVED this day of 1980. MAYOR ATTEST: CITY CLERK FIRST AMENDMENT OF RIO AIRWAYS, INC. LEASE AT SHEPPARD AIR FORCE BASE/WICHITA FALLS MUNICIPAL AIR TERMINAL This First Amendment of Rio Airways, Inc. Lease made and entered into this the 1st day of May, 1980, by and between the City of Wichita Falls , hereinafter called "City" , and Rio Airways , Inc. , hereinafter called "Airline" , WITNESSETH: The parties hereto do hereby mutually agree that that certain Agreement and Lease of Premises at Sheppard Air Force Base/Wichita Falls Municipal Air Terminal dated October 1, 1978 , between City and Airline shall be amended as hereinafter set out. 1. Section (B) of Article I , shown on Page 5 of such Agreement and Lease, is hereby amended to read as follows : " (B) Space in Passenger Terminal Building. The exclusive use of 1, 353 square feet of space in the Passenger Terminal Building of Civil Terminal Area, as shown on Exhibit C attached hereto and made a part hereof, for such uses as Airline may desire to make thereof in connection with or incidental to its operation of an air transportation system, such uses to include, without limiting the generality hereof, the sale of tickets, manifesting of passengers, handling of mail, baggage and cargo, and the operation of a general traffic, operations and communications office. " 2. Section (C) of Article I , shown on Page 5 of such Agreement and Lease, is hereby amended to read as follows : " (C) Baggage Claim Space in Passenger Terminal Building. The use in common with other scheduled airlines serving Wichita Falls, of approximately 1, 280 square feet of space designated as 'Baggage Claim' area on Exhibit C attached hereto. " 3. The paragraph entitled Office and Ticket Counter Space in Section (B) of Article III , shown on Page 8 of said Agreement and Lease, is hereby amended to read as follows: "Office and Ticket Counter Space: 1 , 353 square feet at $9 . 35 per square foot per annum, .being $12,650. 55 per year, or $1,054 .21 per month. " 4 . The paragraph entitled Baggage Claim Area in Section (B) of Article III, shown on Page 8 of said Agreement and Lease, is hereby amended to read as follows : "Baggage Claim Area: For Airline' s prorated share of 1, 280 square feet in this area at the rate of $4 . 17 per square foot per .annum, .the proper share to be prorated as follows: shall be apportioned among all using airlines so that each pays the proportion thereof which the number of its passengers enpla- ning at the airport during each calendar month bears to the total number of enplaning passengers on all said airlines during each calendar month. " 5 . This amendment shall be effective May 15 , 1980. Airline is hereby authorized to take possession of the space in the Passenger Terminal Building described in Paragraph 1 above upon execution of this amendment, and to proceed with remodeling such space. 6 . Except insofar as it is amended herein, such Agreement and Lease of Premises shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first set out above. CITY OF WICHITA FALLS BY: Gerald G. Fox ATTEST: City Manager City Clerk Approved as to form: City Attorney RIO AIRWAYS, INC. BY: Executive Vice-President ATTEST: Secretary t �1 t4 \ 3 0 c •i♦ \i Il. -y Cw t � V rA not Wmmm FALLS, .TEXAS - -._- MUNICIPAL AIRPORT �.I r � - �._X'Gr1ERy � I W '11 �..Jr rti o e rr lq> ❑ oFPcE OPME � a E:l p OFFICE A IFICE r; f y fl � m N Alit CRAFT f%WXAWb AR[A Ile ,moms AnLA t. g�g 7 IVE THROUGH—400-- Rt a WALXWAY (5') TlBKE T Lowey D xr� 1 WIGHITA FALLS, TEXAS /AuwiuML A/RroRT Frzr`IGNT BUILDIPW STATE OF TEXAS COUNTY OF WICHITA This contract, made and entered into as of the day of ,1980, by and between the City of Wichita Falls, Wichita Falls, Texas , (hereinafter called "Owner") and the firm of Biggs & Mathews, Inc. , Consulting Engineers, Wichita Falls, Texas, (hereinafter called "Engineer") WITNESSETH: WHEREAS, the Owner will require the construction of certain improvements involving reconstruction of portions of the commercial aviation parking ramp and installation of two electrically operated gates at the City of Wichita Falls Municipal Airport, and WHEREAS, the firm of Biggs & Mathews, Inc. , is acceptable to the Owner and is willing to enter into a contract to perform engineering services required by the Owner: NOW THEREFORE, it is agreed as follows: I The Owner hereby retains the Engineer for all engineering services required in connection with the airport construction. The services performed by the Engineer in connection with the proposed improvements shall be as follows: I. Prepare plans and specifications; II . Prepare contract documents; III. Conduct general and/or resident supervision of project; -1- IV. Prepare monthly progress reports and pay estimates and submit same to Federal Aviation Administration for payment; V. Prepare "As-Built" plans; VI . Assist Owner in the final project acceptance process with the Federal Aviation Administration. II Item No. I - Preparing of detailed plans and specifications shall include: (a) Establishing the scope of any soil and foundation investigations which may be required and making the necessary arrangements to obtain the necessary services. (b) Surveys, preliminary design and layout of the improvements; (c) Preparation of detailed plans; (d) Preparation of project quantities and cost estimates; (e) Furnish to the Owner all necessary copies of approved plans, specifica- tions, notices to bidders and proposal forms. Item No. II - Prepare Contract Documents shall include: (a) Preparation of the Contracts and specifications; (b) Assistance in the advertisement of the project for bids; (c) Assistance in the opening, tabulation and analysis of the bids received and recommendations as to the appropriate action to be taken; (d) Assistance in the preparation of formal contract documents for construction contracts. Item No. III - Conduct general and/or resident supervision of project shall include: ( a) Making periodic visits to the site (as distinguished from the -2- continuous services of a resident Project Representative) to observe the executed work and to determine in general if the work is proceeding in accordance with the contract documents. In carrying out this function, it is understood that the Engineer does not guarantee the contractor' s performance, nor is he responsible for supervision of the contractor's operation and employees; (b) Consulting and advising with the Owner and preparing routine change orders as required; (c) Reviewing shop and working drawings and design mixes furnished by contractors for compliance with design concept and with information given in contract documents (contractor is responsible for dimensions to be confirmed and correlated at job site) ; (d) Preparation of monthly and final estimates for payments to contractors, and furnishing any necessary certifications as to payments to contractors and suppliers; (e) Performing, in company with the representative of the Owner, a final inspection of the project; (f) Revision of construction drawings, with the assistance of the resident Project Representative, to reflect any revisions included in construction records; (g) Preparing reports as required by the Federal Aviation Administration; (h) Furnish Owner with one (1) reproducible set of construction drawings and five (5) sets of prints. Item No. IV - Prepare monthly progress reports and pay estimates and submit same to Federal Aviation Administration for payment shall include: -3- (a) Keeping a construction log of activities in order that a chronological record of the project may be maintained; (b) Preparation of monthly pay estimates for preparation to Federal Aviation Administration. (c) Maintain a file of these activities for future reference. Item No. V - Prepare "As-Built" plans shall include: (a) Updating plans to show any changes during construction; (b) Furnish Owner with five (5) sets of "As-Built" prints and one (1 ) set of reproducible tracings. Item No. VI - Assist Owner in the final project acceptance process with the Federal Aviation Administration shall include: (a) Maintaining liaison with the Federal Aviation Administration to furnish all necessary information and data required for final acceptance; (b) Assisting Owner in complying with any requirements set forth by the Federal Aviation Administration. III For the basic services performed under Section II of this agreement, the compensation to the Engineer shall be set at a fixed fee of $5,600.00. Upon completion of detailed plans and specifications, and/or the required review by the State or Federal agencies, eighty percent (80%) of the total basic charge shall be due and payable. The remaining 20% shall be paid during construction in proportion to the contractor' s earnings. For special services such as court litigation and other miscellaneous services not outlined in Section II , the Engineer shall be compensated on the basis of the Schedule shown in Section IV. Statements for services in this category shall be rendered monthly and payment shall be due not less than thirty (30) days after submission of a statement. -4- IV The charge provided herein shall not include property, boundary, and right-of-way surveys, shop, mill , field or laboratory inspection of materials; cost of inspection borings or other subsurface explorations; copies of "As-Built" plans and specifications in excess of five (5); calculations of special assessments; the services of a resident Project Representative for continuous on-the-site observance of the work; or the furnishing of construction line and grade surveys. If the Owner elects to have the Engineer furnish services of a resident Project Representative for continuous on-the-site observance of the work or the furnishing of construction line and grade surveys, the Engineer will furnish this service at the following schedule of rates: SURVEY PERSONNEL Four man survey party $ 53.00 per hour Three man survey party 45.00 per hour Land surveyor 24.00 per hour CONSTRUCTION INSPECTION Resident Engineer 27.00 per hour Resident Inspector 18.00 per hour ENGINEERING AND GENERAL SUPERVISOR Principal or Officer of Firm 45.00 per hour Project Engineer 36.00 per hour Senior Draftsman 15.00 per hour Jr. Draftsman 10.00 per hour Direct expenses and subcontract costs incurred shall be reimbursed at actual cost. If during preparation of the plans and specifications, or thereafter, the Engineer shall be required to render additional services because of changes, or delays, or other causes beyond his control , then the Engineer shall be -5- compensated for such additional services on the basis of the schedule set out in Section IV. V It is understood and agreed that the Owner shall have complete control of the services to be rendered and that no work shall be done under this contract until the Engineer is instructed in writing to proceed with the work. At the time written instructions are given to the Engineer to proceed, evidence shall be furnished that funds are available to pay for the services rendered . It is also understood that the Engineer will not supply a resident Project Representative for continuous on-the-site observance of the work or furnish construction line and grade surveys unless instructed in writing to do so. VI Any provision in this contract notwithstanding, it is specifically understood and agreed that the Engineer shall not authorize or undertake any work pursuant to this contract, which work would require the payment of any charge, expense or reimbursement in addition to the charge stipulated in Section III, without having first had and obtained specific written authority therefore. VII This contract shall not be assignable in whole or in part without the consent of the Owner. VIII All payments for services rendered by the Engineer that have not been paid within sixty (60) days after becoming due shall thereafter accrue interest at the rate of eighteen percent (18%) per annum. -6- IX In connection with all the work outlined or contemplated above, it is agreed that the Owner or the Engineer may cancel or terminate this contract. Upon thirty (30) days written notice of such cancellation from either party to the other, all work and labor being performed under this contract shall immediately cease, pending final cancellation at the end of such thirty day period, and further provided that the Engineer shall be compensated in accordnace with the term of this agreement for all work accomplished by him prior to the receipt of notice of such termination. X The City of Wichita Falls, Federal Aviation Administration, Comptroller General of the United States or any of their duly authorized representatives shall have access to any books, documents, papers and records of the Engineer which are directly pertinent to this project for the purpose of making accurate examination, excerpts, and transcription. XI Ownership of any Airport Layout Plan prepared by the Engineer shall remain with the Owner. If the Owner shall so direct the plan may remain in the files of the Engineer; however, the Owner shall have access to this Plan whenever he deems it necessary. The Engineer shall have access to any existing City plats and records in the possession of the Owner that will be of benefit in the preparation of the plans and specifications. -7- IN WITNESS HEREOF, the City of Wichita Falls, Texas, has caused this contract to be executed by its City Manager and attested by its City Clerk and the official seal of the City affixed hereto, and Biggs & Mathews, Inc. , Consulting Engineers, has caused this contract to be executed by its President and its Secretary, with all such executions being in quadruplicate, each of which shall constitute an original , and all of which has been done as of the date here above first written . CITY OF WICHITA FALLS BY City Manager ATTEST: APPROVED AS TO FORM: City Clerk City Attorney BIGGS & MATHEWS, INC. Consulting Engineers BY J. E. Biggs, Jr ., P.E ., Presi ent Registered Professional Engineer No. 16101 ATTEST: i Secretary -8- THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document B141 Standard Form of Agreement Between Owner and Architect 1977 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES;CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION AGREEMENT made as of the Twenty Second day of April in the year of Nineteen Hundred and Eighty. BETWEEN the Owner: The City of Wichita Falls 1301 Sixth. St. Wichita Falls, Texas 76301 and the Architect: Joe B. Roberts, A. I.A. 1207 Brook Ave. Wichita Falls, Texas 76301 For the following Project: (Include detailed description of Project location and scope.) In general, remodel Rest Room Facilities and heating and air—conditionirg systems, Municip_.,l Airport Terminal Building, Wichita Falls, Texas The Owner and the Architect agree as set forth below. Copyright 1917,1926,1948,1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, © 1977 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT• THIRTEENTH EDITION• JULY 1977 • AIA®• ©1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1977 1 TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ments 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 quired for the approval of governmental authorities hav- 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 Documents first. ore A/67 consisting of drawings and other documents illustrating 1.5.2 Unless of erwise provided in this Agreement and the scale and relationship of Project components. incorporated i the Contract Documents, the Architect 1.1.5 The Architect shall submit to the Owner a State- shall provide dministration of the Contract for Construe- 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 be a representative of the 1.2.1 Based on the approved Schematic Design Docu- 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- for shall be forwarded through the Architect. The Archi- pare, for approval by the Owner, Design Development tect shall have authority to act on behalf of the Owner Documents consisting of drawings and other documents only to the extent provided in the Contract Documents to fix and describe the size and character of the entire unless otherwise modified by written instrument in ac- Project as to architectural,structural,mechanical and elec- cordance with Subparagraph 1.5.16. trical systems, materials and such other elements as may 1.5.4 The Architect 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 Architect 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 Work is proceeding in accord- ance with the Contract Documents. However, the Archi- 1.3.1 Based on the approved Design Development Doc- tect shall not be required to make exhaustive or con- uments and any further adjustments in the scope or qual- tinuous on-site inspections to check the quality or quan- ity of the Project or in the Project budget authorized by tity of the Work. On the basis of such on-site observa- the Owner, the Architect shall prepare, for approval by tions 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 tion 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, Sub- AIA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT• THIRTEENTH EDITION • IULY 1977 • AIA©. O 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1977 3 contractors or any other persons performing any of the necessary or advisable for the implementation of the intent i Work, or for the failure of any of them to carry out the of the Contract 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- ments, whether or not such Work be then fabricated, in- stalled or completed. 1.5.7 The Architect shall determine the amounts owing 1.5.13 The Architect shall review and approve or take to the Contractor based on observations at the site and on 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, such 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 Contract 1.5.8 The issuance of 9 Certificate for Payment shall Documents. Such action shall be taken with reasonable i 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- proval 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 for has progressed to the point indicated; that, to the best of the Owner's approval and execution in accordance with the Architect's knowledge,information and belief,the qual- the Contract Documents,and shall have authority to order ity of they Work is in accordance with the Contract Docu- minor changes in the Work not involving an adjustment - ments (subject to an evaluation of the Work for con- in the Contract Sum or an extension of the Contract Time formance with the Contract Documents upon Substantial which are not inconsistent with the intent of the Contract Completion, to the results of any subsequent tests re- Documents. quired by or performed under the Contract Documents, to minor deviations from the Contract Documents cor- 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 final 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 documents However, the issuance of a Certificate for Payment shall required 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 ment. 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- resentative during construction shall not be modified or quirements of the Contract Documents and the judge of extended without written consent of the Owner, the Con- the performance thereunder by both the Owner and tractor and the Architect. Contractor. The Architect shall render interpretations nec- 1.6 PROJECT REPRESENTATION BEYOND BASIC SERVICES essary for the proper execution or progress of the Work 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 de- tensive representation at the site than is described in cisions, within a reasonable time, on all claims, disputes Paragraph 1.5 shall be 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 ployed and directed by the Architect, and the Architect be consistent with the intent of and reasonably inferable shall be compensated therefor as mutually agreed be- from the Contract Documents and shall be in written or tween the Owner and the Architect as set forth in an ex- graphic form. In the capacity of interpreter and judge, hibit appended to this Agreement, which shall describe the Architect shall endeavor to secure faithful perform- the duties, responsibilities and limitations of authority of anee by both the Owner and the Contractor, shall not such Project Representatives. show partiality to either, and shall not be 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 further faith in such capacity, 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 tions 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, The following Services are not included in Basic shall be subject to arbitration as provided in this Agree- Services unless so identified in Article 15. The shall ment and in the Contract Documents. Y be provided if authorized or confirmed in writing by 1.5.12 The Architect shall have authority to reject Work the Owner, and they shall be paid for by the Owner which does not conform to the Contract Documents. as provided in this Agreement, in addition to the Whenever, in the Architect's reasonable opinion, it is compensation for Basic Services. 4 6141-1977 AIA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT• THIRTEENTH EDITION • JULY 1977• AIA®• ©1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20D06 1 Providing analyses of the Owner's needs, and - struction, and furnishing services as may be required in gram g the requirements of the Project. connection with the replacement of such Work. 1.7.2 Prov ' g financial feasibility or er special 1.7.16 Providing services made necessary by the default studies. of the Contractor, or by major defects or deficiencies in the Work of the Contractor, or by failure of perforrance 1.7.3 Providing plan surve , site evaluations, envi- of either the Owner or Contractor under the Contract for ronmental studies or com ive studies of prospective Construction. sites, and preparing sp •a Su s, studies and submis- sions required for rovals of go nmental authorities 1.7.17 Preparing a set of reproducible record drawings or others havin urisdiction over the ect. showing significant changes in the Work made during construction based on marked-up prints, drawings and 1.7.4 P Iding services relative to future a •.ities, sys- other data furnished by the Contractor to the Architect. tem d equipment which are not intended to con- cted during the Construction Phase. 8 Providing extensive assistance in the utilizati any eq • ent or system such as initial start-u esting, 1.7.5 Providing services to investigate existing conditions adjusting an lancing, preparation o peration and or facilities or to make measured drawings thereof, or to maintenance manu training nnel for operation verify the accuracy of drawings or other information fur- and maintenance, and co Ion during operation. nished by the Owner. 1.7.19 Providing s ices after iss ce to the Owner of 1.7.6 Preparing documents of alternate, separate or the final Cert• • to for Payment, or in absence of a sequential bids or providing extra services in connection final C ' Icate for Payment, more than sixty s after with bidding, negotiation or construction prior to the tl ate of Substantial Completion of the Work. completion of the Construction Documents Phase, when 1.7.20 Preparing to serve or serving as an expert.witness requested by the Owner. in connection with any public hearing, arbitration pro- , 1.7.7 Providing coordination of Work performed by ceeding 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 architectural, structural, mechanical and elec- a construction manager or separate consultants retained trical engineering services for the Project. by the Owner. 1.7.22 Providing any other services not otherwise in- Providing Detailed Es<withthe Construction eluded in this Agreement or not customarily furnished in i, Fla alys f owning and oper , or Beta' quan- accordance with generally accepted architectural practice. surveys inventories al, Ipment and 1.8 TIME or. 1.8.1 The Architect shall perform Basic and Additional 1.7.10 Providing interio -�d other similar ser- Services as expeditiously as is consistent with professional vices required for or i owith the selection, skill and care and the orderly progress of the Work. Upon procurement or i ation e, furnishings and request of the Owner, the Architect shall submit for the related equi nt. Owner's approval, a schedule for the performance of the 1.7.11 roviding services fg tenant rental Architect's services which shall be adjusted as required as ces. 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 having other documents when such revisions are inconsistent jurisdiction over the Project.This schedule,when approved with written approvals or instructions previously given, by the Owner, shall not, except for reasonable cause, be are required by the enactment or revision of codes, 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 RESPONSIBILITIES data and providing other services in connection with 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- shall set forth the Owner's design objectives, constraints quired of the Architect, provided such Change Orders are and criteria, including 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- ices required in connection with construction performed Work 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 • OWNER-ARCHITECT AGREEMENT• THIRTEENTH EDITION • JULY 1977• AIA@• ©1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1977 5 2.3 The Owner shall designate, when necessary, a rep- signed, specified, selected or specially provided for by resentative authorized to act in the Owner's behalf with the Architect. respect to the Project. The Owner or such authorized 3.1.3 Construction Cost does not include the compen- representative shall examine the documents submitted by sation of the Architect and the Architect's consultants, the Architect and shall render decisions pertaining thereto the cost of the land, rights-of-way, or other costs which promptly, to avoid unreasonable delay in the progress of are the responsibility of the Owner as provided in Arti- the Architect's services. cle 2. The Owner shall furnish a legal description a certifie and survey of the site, giving, as (cable, 3.2 RESPONSIBILITY FOR CONSTRUCTION COST grades and of streets, alleys, pavem and adjoin- 3.2.1 Evaluations of the Owner's Project budget, State- ing property; rig f-way, restric ' s, easements, en- ments of Probable Construction Cost and Detailed croachments, zoning, r Ictions, boundaries and Estimates of Construction Cost, if any, prepared by the contours of the site; los3fii is, 'mensions and complete Architect, represent the Architect's best judgment as a data pertaining to sting buildings, her improvements design professional familiar with the construction indus- and trees; a ull information concernin ailable serv- try. It is recognized, however, that neither the Architect ice a ility lines both public and private, a ve and nor the Owner has control over the cost of labor, mate- ow grade, including inverts and depths, rials or equipment, over the Contractor's methods of de- 2.5 The Owner shall furnish the services of soil engi- termining bid prices, or over competitive bidding, market neers or other consultants when such services are deemed or negotiating conditions. Accordingly, the Architect necessary by the Architect. Such services shall include test cannot and does not warrant or represent that bids or borings, test pits, soil bearing values, percolation tests, air negotiated prices will not vary from the Project budget and water pollution tests, ground corrosion and resistivity proposed, established or approved by the Owner, if any, tests, including necessary operations for determining sub- or from 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, tect. 2.6 The Owner shall furnish structural, mechanical, 3.2.2 No fixed limit of Construction Cost shall be estab- chemical and other laboratory tests, inspections and re- lished as a condition of this Agreement by the furnishing, parts as required by law or the Contract Documents. proposal or establishment of a Project budget under Sub- 2.7 The Owner shall furnish all legal, accounting and in- paragraph 1.1.2 or Paragraph 2.2 or otherwise, unless such surance counseling services as may be necessary at any fixed limit has been agreed upon in writing and signed by time for the Project, including such auditing services as the parties hereto. If such a fixed limit has been estab- the Owner may require to verify the Contractor's Applica- lished, the Architect shall be permitted to include con- tions for Payment or to ascertain how or for what pur- tingencies for design, bidding and price escalation, to de- poses the Contractor uses the moneys paid by or on be- termine what materials, equipment, component systems half of the Owner. and types of construction are to be included in the Con- tract Documents, to make reasonable adjustments in the 2.8 The services, information, surveys and reports re- scope of the Project and to include in the Contract Docu- quired by Paragraphs 2.4 through 2.7 inclusive shall be ments alternate bids to adjust the Construction Cost to the furnished at the Owner's expense, and the Architect shall fixed limit. Any such fixed limit shall be increased in the be entitled to rely upon the accuracy and completeness amount of 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 3.2.3 If the Bidding or Negotiation Phase has not com- of any fault or defect in the Project or nonconformance menced within three months after the Architect submits with the Contract Documents, prompt written notice the Construction Documents to the Owner, any Project thereof shall be given by the Owner to the Architect. budget or fixed limit of Construction Cost shall be ad- 2.10 The Owner shall furnish required information and justed to reflect any change in the general level of prices services and shall render approvals and decisions as ex- In the construction industry between the date of submis- peditiously as necessary for the orderly progress of the sion of the Construction 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 Construction ARTICLE 3 Cost (adjusted as provided in Subparagraph 3.2.3) is ex- ceeded by the lowest bona fide bid or negotiated pro- CONSTRUCTION COST posal, the Owner shall (1) give written approval of an 3.1 DEFINITION increase in such fixed limit, (2) authorize rebidding or re- negotiating of the Project within a reasonable time, (3) if 3.1.1 The Construction Cost shall be the total cost or the Project is abandoned, terminate in accordance with estimated cost to the Owner of all elements of the Project Paragraph 10.2, or (4) cooperate in revising the Project designed or specified by the Architect. scope and quality as required to reduce the Construction 3.1.2 The Construction Cost shall include at current Cost. In the case of (4), provided a fixed limit of Construc- market rates, including a reasonable allowance for over- tion Cost has been established as a condition of this Agree- head and profit, the cost of labor and materials furnished ment, the Architect,without additional charge, shall mod- by the Owner and any equipment which has been de- ify the Drawings and Specifications as necessary to comply AIA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT• THIRTEENTH EDITION • JULY 1977• AIA®• ©1977 6 B141-1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 wi.i. the fixed limit. -,'he providing of such service shall be o tgadecl through -,o fault of the Architect, c a- the limit of the Architect's responsibility arising from the tion for any is ervices require U extended establishment of such fixed limit, and having done so, the period of Administratio Construction Contract Architect shall be entitled to compensation for all services shall be co m s set forth in Para 4,4 for Addi- performed, in accordance with this Agreement, whether do rvrces. 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 DIRECT PERSONNEL EXPENSE such portions of the Project shall be payable to the extent services are performed on such portions, in accordance 4.1 Direct Personnel Expense is defined as the direct sal- with the schedule 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 6.2 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 be made monthly upon presentation of the Architect's statement of services 5.1 Reimbursable Expenses are in addition to the Com- rendered or expenses incurred. pensation for Basic and Additional Services and include actual expenditures made by the Architect and the Archi- 6.3 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 whole the Project. or in part for more than three months, the Architect shall 5. . Waense of reproductions, postage and O be compensated for all services performed prior to receipt Drawings, Spec-licatiea _and of ofiments, excluding of written notice from the Owner of such suspension or reproductions for 'ce u' s ff e Architect and the abandonment, together with Reimbursable Expenses then Ar _onsultants. 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. 5 .6 Expense of any additional insurance coverage or 7.1 Records of Reimbursable Expenses and expenses per- limits, including professional liability insurance, requested taining to Additional Services and services performed on by the Owner in excess of that normally carried by the the basis of a Multiple of Direct Personnel Expense shall Architect and the Architect's consultants. be kept on the basis of generally accepted accounting principles and shall be available to the Owner or the Owner's authorized representative at mutually convenient ARTICLE 6 times. PAYMENTS TO THE ARCHITECT ARTICLE 8 6.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES OWNERSHIP AND USE OF DOCUMENTS 8.1 Drawings and Specifications as instruments of serv- ice are and shall remain the property of the Architect 6.1.2 9wb5e9weAt 1?ayments for Basic Services shall be 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 be permitted to retain copies, in- formed within each Phase of services, on the basis set eluding reproducible copies, of Drawings and Specifica- forth in Article 14. tions for information arid reference in connection with the 6.1.3 Owner's use and occupancy of the Project. The Drawings .o •�l.l;��Cl! t�., r'., tr' r F... !'.,.. +�. �r7.,., .a.,.a �s�eo,�� :� ��on• ue��nsz,-�,�T��eee�, and Specifications shall not be used by the Owner on AIA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT• THIRTEENTH EDITION • JULY 1977 • AIA8• ©1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1977 7 I other projects, for additions to this Project, or for comple- 10.4 Termination Expenses include expenses directly at tion of this Project by others provided the Architect is not tributable to termination for which the Architect is not in default under this Agreement, 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. tion earned to the time of termination, as follows: 8.2 Submission or distribution to meet official regulatory .1 20 percent if termination occurs during the Sche- requirements or for other purposes in connection with the matic Design Phase; or Project is not to be construed as publication in derogation .2 10 percent if termination occurs during the Design of the Architect's rights. Development Phase; or .3 5 , _rcent if termination occurs during any subse- AkTICLE 9 quent phase. ARBITRATION ARTICLE 11 9.1 All claims, disputes and other platters in question between the parties to this Agreement, arising out of or MISCELLANEOUS PROVISIONS relating to this Agreement or the breach thereof, shall be 11.1 Unless otherwise specified, this Agreement shall be decided by arbitration in accordance with the Construe- governed by the law of the principal place of business of tion Industry Arbitration Rules of the American Arbitra- the Architect. tion Association then obtaining unless the parties mutu- 11.2 Terms in this Agreement shall have the same mean- ally agree otherwise. No arbitration, arising out of or re- ing as those in AIA Document A201, General Conditions lating to this Agreement, shall include, by consolidation, of the Contract for Construction, current as of the date joinder or in any other manner, any additional person not of this Agreement. a party to this Agreement except by written consent con- 11.3 As between the parties to this Agreement: as to all taining a specific reference to this Agreement and signed acts or failures to act by either party to this Agreement, by the Architect, the Owner, and any other person sought any applicable statute of limitations shall commence to to be joined. Any consent to arbitration involving an ad- run and any alleged cause of action shall be deemed to ditional person or persons shall not constitute consent to have accrued in any and all events not later than the rele- arbitration of any dispute not described therein or with vant Date of Substantial Completion of the Work, and as any person not named or described therein. This Agree- to any acts or failures to act occurring after the relevant ment to arbitrate and any agreement to arbitrate with an Date of Substantial Completion, not later than the date of additional person or persons duly consented to by the issuance of the final Certificate for Payment. parties to this Agreement shall be specifically enforceable 11.4 The Owner and the Architect waive all rights under the prevailing arbitration law. g against each other and against the contractors, consult- 9.2 Notice of the demand for arbitration shall be filed in ants, agents and employees of the other for damages cov- writing with the other party to this Agreement and with ered by any property insurance during construction as set the American Arbitration Association. The demand shall forth in the edition of AIA Document A201, General Con- be made within a reasonable time after the claim, dispute ditions, current as of the date of this Agreement. The or other matter in question has arisen. In no event shall Owner and the Architect each shall require appropriate the demand for arbitration be made after the date when similar waivers from their contractors, consultants and institution of legal or equitable proceedings based on agents. such claim, dispute or other matter in question would be barred by the applicable s ,,tute of limitations. ARTICLE 12 9.3 The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with SUCCESSORS AND ASSIGNS applicable law in any court having jurisdiction thereof. 12.1 The Owner and the Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and ARTICLE 10 to the partners, successors, assigns and legal representa- TERMINATION OF AGREEMENT tives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall 10.1 This Agreement may be terminated by either party assign, sublet or transfer any interest in this Agreement upon seven days' written notice should the other party without the written consent of the other. fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. ARTICLE 13 10.2 This Agreement may be terminated-by the Owner upon at least seven days' written notice to the Architect EXTENT OF AGREEMENT in the event that the Project is permanently abandoned. 13.1 This Agreement represents the entire and integrated 10.3 In the event of termination not the fault of the Ar- agreement between the Owner and the Architect and chitect, the Architect shall be compensated for all services supersedes all prior negotiations, representations or agree- performed to termination date, together with Reimburs- ments, either written or oral. This Agreement may be able Expenses then due and all Termination Expenses as amended only by written instrument signed by both defined in Paragraph 10.4. Owner and Architect. AIA DOCUMENT 6141 • OWNER-ARCHITECT AGREEMENT• THIRTEENTH EDITION • JULY 1977• AIA®• ©1977 8 6141-1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 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($ 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,it necessary.) Seven percent (7 0) of cost of construction. 14.2.2 Where compensation is based on a Stipulated Sum or Percentage of Construction Cost, payments for Basir. 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 %) Design Development Phase: percent(20 %) Construction Documents Phase: percent(40 %) Bidding or Negotiation Phase: percent( 5 %) Construction Phase: percent( 20 %) Total — — 100 0 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. AIA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT• THIRTEENTH EDITION • JULY 1977 • AIA®• ©1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1977 9 14.4 COMPENSATION FOR ADDITIONAL SERVICES 14.4.1 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Paragraph ;.;, and any other services in- cluded in Article 15 as part of Additional Services, but excluding Additional Services of consultants, Compen- sation shall be computed as follows? (Here insert basis of compensation, including tales and/or multiples of Direct Personnel Expense for Principals and-mployees, and identify Principals and classify employees, if required. Identify<pe(ilic services to which particular methods of compensation ,inpfy, if rvccssary.) AS upon 14.4.2 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering services and those provided under Subparagraph 1.7.21 or identified in Article 15 as part of Addi- tional Services,a multiple of two 2«00 times the amounts billed to the Architect for such services. (Identify specific types of consultants in Article 15, if required) 14.5 -G(-D REIMBURSABLE E EXPI NSE "-by-4-he AFehitect the Architpcl's empleyees ��he—N7�,t- Of the--P-iAfPFt. 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 Lending Act, .similar stale and local consumer credit laws and other renulations at file Owner's and Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should he obtained with respect to deletion, modification, or other requirements such as written disclosures 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 be 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 B141 • OWNER-ARCHITECT AGREEMENT• THIRTEENTH EDITION • JULY 1977• AIA®• ©1977 10 B141-1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 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 authorized 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 transcription. AIA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT• THIRTEENTH EDITION • JULY 1977• AIA®• ©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 first written above. OWNER City of Wichita Falls ARCHITECT Joe B. Roberts , A, I,A, 1301 Sixth St, 1207 Brook Ave. Wichita Falls, Texas Wichita Falls , Texas _u URAL BY c v�+ T�--- - BY BOARS 0 Lamar B v 8�51 XAS N• as . T� TE Rs 5555 Tex urys- EXAMI 11� AU` 63 a ras icensea Bldg° H 12-45g-1 iauals 1 trat1on CS- hone: 5 Ver i.naiv s Regis aictlon. ° ArchitectIs unaerArticle 249a� Law, AIA DOCUMENT B141 OWNER—ARCHITECT AGREEMENT• THIRTEENTH EDITION • JULY 1977 • AIA®• ©1977 12 B141-1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 CONSOLIDATION AGREEMENT STATE OF TEXAS ) COUNTY OF ARCHER ) WHEREAS, heretofore by instrument intended to be effective June 1, 1979, the City of Wichita Falls, Texas, as lessor, executed and delivered to Burns Leasing Corp. , as lessee, an oil and gas lease covering the following described property in Archer County, Texas, to-wit: BEGINNING at a point located in the East fence of the City of Wichita Falls Lake Kickapoo property where the fence crosses the South line of SA&MG Survey No. 177, Abst. No. 447. Said point being approxi- mately 1250 feet West of the Southeast corner of said SA&MG Survey No. 177; THENCE No. 16 deg. 19 min. East along said East fence line of the City of Wichita Falls Lake Kickapoo property, a distance of approxi- mately 1080 feet, a corner in said fence line; THENCE North 75 deg. 5 min. West continuing along said fence line of the City of Wichita Falls Lake Kickapoo property 1640 feet to a point, a corner in said fence line; THENCE South 1450 feet to a point in the South line of SA&MG Survey No. 177; THENCE East along the South line of the survey 1290 feet to the point of beginning; Said tract being 45 acres, more or less, said lease appearing of record in Volume 382 at Page 214 of the Deed Records of Archer County, Texas, and WHEREAS, under date of June 1, 1979, a certain oil and gas lease was made and entered into by and between the City of Wichita Falls, Texas, as lessor, and S. Keith Tuthill and Bill J. Barbee, as lessee, covering, together with other property, the following described tract of land in Archer County, Texas, to- wit: BEGINNING at a point located in the East fence of the City of Wichita Falls Lake Kickapoo property where the fence crosses the South line of SA&MG Survey #177, A-447 , which point is also in the North Boundary line of R. Carson Survey #174 , A-108 . Said point being approximately 1250 feet West of the Southeast corner of said SA&MG Survey #177; THENCE West along the North Boundary Line of R. Carson Survey #174 , A-108, 1290 I C feet to a point for the Northwest corner of this tract; THENCE South 600 feet to a point in the R. Carson Survey #174 , A-108 for the Southwest corner of this tract; THENCE East 1070 feet to a point in the East fence of the City of Wichita Falls Lake Kickapoo property; THENCE North 16 deg. 19 min. East along said fence line to the place of beginning, containing 15 acres, more or less, said lease appearing of record in Volume 383 at Page 233 of the Deed Records of Archer County, Texas, and WHEREAS, the last lease above described (the S. Keith Tuthill, et al, lease) insofar as the same covers and includes the above described 15-acre tract, is at present owned by and the property of the said Burns Leasing Corp. , and WHEREAS, the undersigned parties, being the City of Wichita Falls, Texas, lessor in both of the above described leases and Burns Leasing Corp. , the present owner thereof, insofar as the same cover and include the tracts particularly described above, have agreed upon a consolidation of the same and desire to evidence such agreement hereby; NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10. 00) and other good and valuable consideration in hand paid to each party hereto by the other party, the undersigned do hereby contract, stipulate and agree that the above described oil and gas leases, and the leasehold estates hereby created, insofar as the same cover_ and include the tracts particularly described above, shall be, and the same hereby are, consolidated and may hereafter be treated as a single lease and leasehold estate with respect to all of such property, to the same effect and purpose as if a single oil and gas lease had originally been executed covering all of the property lying within both of said tracts. It is intended hereby to evidence the agreement of the parties that development operations on and/or production from any portion of the above described property shall be considered to be i -2- operations on and/or production from all of the same, regardless of the actual location of such operations and/or production. IN WITNESS WHEREOF, this instrument is executed this f4 day of December, 1979. CITY OF WICHITA FALLS, TEXAS By Gerald G. Fox, City Manager ATTEST: City Clerk BURNS LEASING CORP. Y H. R. Knotts, President ATTEST: / et-rdtary STATE OF TEXAS ) COUNTY OF WICHITA ) BEFORE ME, the undersigned, a Notary Public in and for Wichita County, Texas, on this day personally appeared GERALD G. FOX, Manager of the City of Wichita Falls, Texas, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said CITY OF WICHITA FALLS, TEXAS, a municipal corporation, and that he executed the same as the act of said City of Wichita Falls, Texas, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of December, 1979. Notary Public in and for Wichita County, Texas My Commission Expires: -3-