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Min 06/03/1980 53 Wichita Falls, Texas Memorial Auditorium Building June 3, 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. James B. Thomas Mayor Pro tem Marvin Traywick John Hampton, Jr. Carol Russell Aldermen Curtis Smith Horace 0. Boston Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Gerald Carlson Chief Accounting Officer Wilma J. Thomas City Clerk Kenneth Hill Absent The invocation was given by Michael Parsons, Fain Presbyterian Church. Item 3 Moved by Alderman Russell that minutes of the meetings held May 20 and 27, 1980, be approved. Motion seconded by Alderman Boston, and carried unanimously. Mayor Pro tem Thomas recognized Jim Hughes and Scouts from Troop One. Y 9 9 Items 6a, 7a, and 8a were moved from the consent to the regular agenda. Items 4a - 9g Moved by Alderman Hampton that the Consent Agenda be approved, with the exception of the above items. Motion seconded by Alderman Traywick. Item 4a e was resented transferring 1 260 from A proposed appropriation ordinanc $ , P pp .g . the Sanitation Containers Program to pay for revenue sharing audit, which was exceed by this amount. V ORDINANCE NO. 3672 A ORDINANCE AMENDING GENERAL REVENUE SHARING APPROPRITIONS. Ayes: Mayor Pro tem Thomas, Aldermen Traywick, Hampton, Russell , Smith, and Boston Nays: None Item 5a I ' ORDINANCE NO. 3673 ORDINANCE EXTENDING STATE OF DISASTER EMERGENCY FOR SEVEN DAYS. Ayes: Mayor Pro tem Thomas, Aldermen Traywick, Hampton, Russell , Smith, and Boston Nays: None I I i I 54 Item 5b ORDINANCE NO. 3674 ORDINANCE APPROVING ELECTRICAL EASEMENT WITH TEXAS ELECTRIC SERVICE COMPANY FOR THE BURKBURNETT DEPOT BUILDING. Ayes : Mayor Pro tem Thomas, Aldermen Traywick, Hampton, Russell , Smith, and Boston Nays: None Item 6b RESOLUTION NO. 2538 RESOLUTION WAIVING LUCY PARK SWIMMING POOL FEES FOR PERSONS PARTICIPATING IN TEXAS TORNADO WORKCAMP. WHEREAS, Group Magazine, of Loveland, Colorado is sponsoring a volunteer work project in Wichita Falls which will involve around 300 high school age young people and their adult sponsors, who will be coming from churches of many different denom- inations from around the nation; this group will be in Wichita Falls from June 22 through June 28, 1980, and will be working on projects throughout the community, including working in the parks. Local co-ordination of their efforts will be arranged through Interfaith Disaster Services, Inc. ; and, WHEREAS, request has been made that the young people involved in this project be allowed to swim without cost at Lucy Park swimming pool ; and, WHEREAS, under these circumstances, the Board of Aldermen deem it proper to waive the swimming pool fees established by Resolution 2227. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA, TEXAS, THAT: The Lucy Park swimming pool fees established by Resolution 2227 are hereby waived for the young people, and their adult sponsors, who are participating in the Texas Tornado Workcamp, for the period from June 22 through June 28, 1980. The scheduling of swimming by such group shall be coordinated through the Recreation Superintendent for the City of Wichita Falls. Ayes: Mayor Pro tem Thomas, Aldermen Traywick, Hampton, Russell , Smith, and Boston Nays : None Item 7b The low bid for a trenching machine for the Parks Department was awarded to Case Equipment Company, Dean, Texas, in the amount of $16,423. Ayes: Mayor Pro tem Thomas, Aldermen Traywick, Hampton, Russell , Smith, and Boston Nays : None Item 8b - g Minutes of the meetings of the following boards and commissions were received. b. Board of Electrical Examiners - May 16, 1980 c. Planning Board - May 14, 1980 d. Human Relations Commission - May 19, 1980 e. Centennial Commission - May 21 , 1980 f. Mayor's Commission on Status of Women - May 1 , 1980 g. Arts Commission - May 20, 1980 Ayes : Mayor Pro tem Thomas, Aldermen Traywick, Hampton, Russell , Smith, and Boston Nays: None 1 55 i Item 6a A proposed resolution was presented determining the necessity for acquisition of property for the Midtown 2000 project. Alderman Hampton desired an explanation of what we are buying, and why? The City Manager explained that in the past few years we have appropriated monies for various projects in the midtown sector. This property would be a continuation of property needed for off-street parking at the farmers' market. ✓RESOLUTION NO. 2539 A RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF PROPERTY FOR "MIDTOWN 2000" IMPROVEMENT 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 "Midtown 2000" improvement project under the Community Development Block Grant Program, to wit: MIDTOWN 2000 East one-half (1/2) of Lot 1 East one-half (1/2) of Lot 2 Block 163, Original Townsite All of Lots 3 4, and 5, Block 163, Original Townsite Wichita County, Wichita Falls, Texas. Section No. 2 The City Manager is hereby authorized to employ appraisers to appraise the property being acquired for the "Midtown 2000" Improvement Project. Section No. 3 The following procedures shall be used in the acquisition of properties for the "Midtown 2000" 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: acquire such real effort to c II A. The Cityshall make ever reasonable q y property expeditiously by negotiation. I B. Real property shall be appraised before the initiation of negotia- tions, 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 remanant. 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. i i I 56 Item 6a, cont'd. 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 settle- ment 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 s` date by which such move is required. However, shorter notice may be given where r 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 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 nego- tiations 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. 2539 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Pro tem Thomas, Aldermen Traywick, Hampton, Russell , Smith, and Boston Nays: None j Item 7a Bids were considered on tennis court surfacing material . Alderman Traywick questioned the amount of the bid. The City Manager explained that the filler and finish coat are included in the same total . Moved by Alderman Traywick that the low bid be awarded to National Paint and Oil Company in the amount of $9,468.50, per bid specifications. Motion seconded by Alderman Russell , and carried unanimously. Item 8a Alderman Hampton questioned the discussion on lake rules in the minutes of the meeting of the Park Board held on May 20, 1980. Bill Hursh stated that the purpose is to bring our ordinances back in line with state law. He stated that they had not yet had time to get a committee formed. Moved by Alderman Hampton that minutes of the meeting of the Park Board be received. Motion seconded by Alderman Smith, and carried unanimously. 57 II Item 9a A public hearing was opened on hazardous structures. Robert Green, 1212 Kenley, stated that the decking and roof have been replaced, and the litter and high grass have been eliminated. He plans to restore the home. He has two broken windows. The Council explained that the idea is to secure the building so that no one can get in. The City Manager explained that he has 30 days after today to comply with the ordinance so that he can continue to remodel the house, and not have to tear it down. ✓ORDINANCE NO. 3675 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 u DATE OF THIS ORDINANCE AND DECLARING AN EMERGENCY. G, Moved by Alderman Traywick that Ordinance No. 3675 be passed. Motion seconded by Alderman Boston, and carried by the following vote. Ayes: Mayor Pro tem Thomas, Aldermen Traywick, Hampton, Russell , Smith, and Boston Nays: None Item 9b Jack Redding, Manager of Texas Electric Service Company, presented a rate increase request. He stated that the rate increase is needed because of inflation, and the need to continue construction of power plants to provide electricity at a lower cost. He noted that the costs for generating plants, interest rates, operating costs, and fuel costs have all increased. The return on equity for stock holders has decreased, which will have an adverse effect if it continues. City Manager Gerald Fox asked about varying amounts paid by different classes of customers. Mr. Redding stated that they have determined that certain classes of customers are not paying their share of the cost. Municipal rates are being increased at a higher rate. Also, residential rates are higher than commercial . City Attorney H. P. Hodge, Jr. stated that representatives from various cities who are served by Texas Electric met and discussed the rate increase. They decided to appoint a steering committee to take part in the rate request with the Public Utilities Commission. They also decided to employ Don Butler, attorney from Austin, and Tuche Ross, of Dallas, as Consultants, to study the rate request and make recommendations to the Public Utility Commission. Expenses of this nature are reimbursable by the utility involved. At the present time, Texas Municipal League has a fund which will cover the expenses. After this matter is concluded, Texas Electric will refund the proper expenses which were made. ✓RESOLUTION NO. 2540 A RESOLUTION SUSPENDING THE OPERATION OF PROPOSED RATE SCHEDULES FILED BY TEXAS ELECTRIC SERVICE COMPANY FOR A PERIOD OF ONE HUNDRED TWENTY (120) DAYS BEYOND THE DATE ON WHICH SUCH SCHEDULES WOULD OTHERWISE GO INTO EFFECT. WHEREAS, Texas Electric Service Company did, on May 15, 1980, file a schedule of rates for electric service within the City of Wichita Falls, Texas, to become effective June 19, 1980; and, WHEREAS, after having heard the presentation of Texas Electric Service J Company, it is the opinion of the Board of Aldermen of the City of Wichita Falls, III Texas, that such schedule of rates should be suspended for a period of 120 days from June 19, 1980, for further study, investigation, presentation of evidence I and public hearing; and WHEREAS, a copy of this resolution has been provided Texas Electric Service ! Company prior to its consideration by the City of Wichita Falls, Texas; 58 Item 9b, cont'd. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Pursuant to Section 43(d) of the Public Utility Regulatory Act, the operation of the Texas Electric Service Company's proposed rate schedules filed with the City of Wichita Falls, Texas, on May 15, 1980, is hereby suspended for a period of 120 days from June 19, 1980, for further study, investigation, presentation of evidence and public hearing. Moved by Alderman Smith that Resolution No. 2540 be passed. Motion seconded by Alderman Boston, and carried by the following vote. Ayes: Mayor Pro tem Thomas, Aldermen Traywick, Hampton, Russell , Smith, and Boston Nays: None j Item IOa A proposed ordinance was presented amending the plumbing code. v ORDINANCE NO. 3676 ORDINANCE AMENDING SUBSECTION 1305.5 AND SUBSECTION 1602.2.1 OF THE CITY OF WICHITA FALLS PLUMBING CODE, AND DECLARING AMENDMENTS TO BE EMERGENCY MEASURES, EFFECTIVE UPON PASSAGE. Moved by Alderman Hampton that Ordinance No. 3676 be passed. Motion seconded by Alderman Traywick, and carried by the following vote. Ayes: Mayor Pro tem Thomas, Aldermen Traywick, Hampton, Russell , Smith, and Boston Nays: None Item 10b A proposed ordinance was presented amending the plumbing code. ' ORDINANCE NO. 3677 AN ORDINANCE AMENDING SUBSECTION 1604.3 AND TABLE 505, APPENDIX B, OF THE CITY OF WICHITA FALLS PLUMBING CODE, AND DECLARING AMENDMENTS TO BE EMERGENCY MEASURES, EFFECTIVE UPON PASSAGE. Moved by Alderman Traywick that Ordinance No. 3677 be passed. Motion seconded by Alderman Hampton, and carried by the following vote. Ayes: Mayor Pro tem Thomas, Aldermen Traywick, Hampton, Russell , Smith, and Boston Nays: None Item 10c A proposed ordinance was presented changing the name of certain streets, resulting from changes in the Kell Freeway project. ORDINANCE NO. 3678 AN ORDINANCE CHANGING THE NAME OF CERTAIN STREETS WITHIN THE CITY OF WICHITA FALLS AND REPEALING ALL ORDINANCES, OR PORTIONS THEREOF, IN CONFLICT HEREWITH. Moved by Alderman Hampton that Ordinance No. 3678 be passed. 59 Item 10c, cont'd. Motion seconded by Alderman Smith, and carried by the following vote. Ayes: Mayor Pro tem Thomas, Aldermen Traywick, Hampton, Russell , Smith, and Boston Nays : None Item 1Od A proposed ordinance was presented waiving Section 22-1 of the Code of Ordinances to allow Golden Distributing Company to serve beer at the picnic shelter in Scotland Park on June 8. vIORDINANCE NO. 3679 ORDINANCE WAIVING ORDINANCE NO. 3363 TO ALLOW POSSESSION AND CONSUMPTION OF BEER IN SCOTLAND PARK PICNIC SHELTER AT REGIONAL MEETING OF COORS BREWERY ON JUNE 8, 1980. Moved by Alderman Hampton that Ordinance No. 3679 be passed. Motion seconded by Alderman Boston, and carried by the following vote. Ayes: Mayor Pro tem Thomas, Aldermen Traywick, Hampton, Russell , Smith, and Boston Nays: None Item Ila A proposed resolution was presented approving an amendment to the contract with Bob's Communication Services for radio maintenance. L RESOLUTION NO. 2541 RESOLUTION APPROVING FIRST AMENDMENT TO CONTRACT DATED APRIL 30, 1976, WITH BOB BROWN, d/b/a BOB'S COMMUNICATION SERVICE. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, i THAT: That certain First Amendment, a copy of which is attached hereto, to the contract dated April 30, 1976, between the City of Wichita Falls and Bob Brown, d/b/a Bob' s Communication Service, which provides for maintenance of City's radio communications equipment, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Traywick that Resolution No. 2541 be passed. Moved b Alderman Y Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Pro tem Thomas , Aldermen Traywick, Hampton, Russell , Smith, and Boston Nays: None J Item l l b A proposed resolution was presented authorizing the City Manager to execute a contract with Killebrew-Rucker Associates for architectural services for construction of central services complex. Alderman Traywick asked y k d why the arbitration clause had been removed from this contract, and left in another? City Attorney H. P. Hodge, Jr. stated that it was because he had reviewed this one, and another lawyer in his office had reviewed the other. He felt that removal was best. RESOLUTION NO. 2542 RESOLUTION APPROVING CONTRACT WITH KILLEBREW-RUCKER-ASSOCIATES, INC. , FOR ARCHITECT'S SERVICES IN CONNECTION WITH CENTRAL SERVICES COMPLEX. 60 Item llb, cont'd. THAT:BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, That certain contract, a copy of which is attached hereto, between the City of Wichita Falls and Killebrew-Rucker-Associates, Inc. , for architect's services in connection with the Central Services Complex 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. 2542 be passed. Motion seconded by Alderman Hampton, and carried by the following vote. Ayes : Mayor Pro tem Thomas , Aldermen Traywick, Hampton, Russell , Smith, and Boston Nays: Nonef Alderman Russell requested that this group be furnished the plans of the river project for proper planning and coordination of these two, due to their proximity. Item llc A proposed resolution was presented authorizing the City Manager to execute a lease with the Wichita Falls Boat Club. RESOLUTION NO. 2543 RESOLUTION APPROVING LEASE TO WICHITA FALLS BOATING CLUB OF TRACT OF LAND ON LAKE SHORE DRIVE AT LAKE WICHITA. THAT:BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, That certain lease agreement, a copy of which is attached hereto, whereby the City of Wichita Falls leases to the Wichita Falls Boating Club a tract of land containing 1 .75 acres, more or less, on Lake Shore Drive at Lake Wichita for a term of five years, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Smith that Resolution No. 2543 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Pro tem Thomas, Aldermen Traywick, Hampton, Russell , Smith, and Boston Nays: None Item lld A proposed resolution was presented approving an architectural agreement with Charles Harper Associates for police station repairs and electrical emergency generating system. ,: RESOLUTION NO. 2544 4 RESOLUTION APPROVING AGREEMENT WITH CHARLES HARPER ASSOCIATES FOR ARCHITECT'S SERVICES IN CONNECTION WITH POLICE HEADQUARTERS RENOVATION. THAT:BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, That certain agreement, a copy of which is attached hereto, between the City of Wichita Falls and Charles Harper Associates, for architect's services to be performed in connection with the renovation of the police headquarters building, 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. 2544 be passed, and that Article 9 in the contract, on arbitration, be deleted. r 61 Item lld, cont'd. Motion seconded by Alderman Traywick, and carried by the following vote. Ayes: Mayor Pro tem Thomas, Aldermen Traywick, Hampton, Russell , Smith, and Boston Nays: None , Item Ile A proposed resolution was presented approving contract with Black and Veatch for Jasper Street and Cypress Street water plant remodeling. Joe Smith, Director of Public Works, stated that this type of work requires specialized engineering. Alderman Hampton clarified that the costs indicated are for engineering and equipment for the first phase. ✓RESOLUTION NO. 2545 RESOLUTION APPROVING CONTRACT WITH BLACK & VEATCH FOR ENGINEERING SERVICES IN CONNECTION WITH IMPROVEMENTS AT JASPER STREET AND CYPRESS STREET WATER TREATMENT PLANTS. 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 Black & Veatch for engineering services in connection with improvements at the Jasper Street and Cypress Street water treatment plants 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. 2545 be passed. Motion seconded by Alderman Boston, and carried by the following vote. Ayes: Mayor Pro tem Thomas, Aldermen Traywick, Hampton, Russell , Smith, and Boston Nays: None Item llf A proposed resolution was presented authorizing the City Manager to execute a contract for soil investigation at the proposed sanitary landfill site. RESOLUTION NO. 2546 RESOLUTION APPROVING AGREEMENT WITH NFS/NATIONAL SOIL SERVICES, INC. OF DALLAS, TEXAS, FOR ENGINEERING SERVICES FOR SANITARY LANDFILL STUDY. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That an agreement between the City of Wichita Falls and NFS/National Soil Services, Inc. of Dallas, Texas , under which such engineering firm shall furnish soil testing services with regard to a sanitary landfill study, is hereby approved. The contract shall be based on actual work performed currently estimated to be 450 L.F. at a cost not to exceed $9,324.15. The City Manager is authorized to negotiate and execute the same for the City of Wichita Falls. Moved by Alderman Hampton that Resolution No. 2546 be passed. Motion seconded by Alderman Boston, and carried by the following vote. Ayes: Mayor Pro tem Thomas, Aldermen Traywick, Hampton, Russell , Smith, and Boston Nays: None 62 Item 12 A proposed resolution was presented approving Change Order No. 1 for relocation of restrooms in Loch Lomand Park. City Manager Gerald Fox explained that the super- vision cost has been reduced by $400.00, making the total additional cost in the amount of $15,810.00 RESOLUTION NO. 2547 RESOLUTION APPROVING CHANGE ORDER NO. 1 TO CONTRACT WITH F & W CONSTRUCTION CO. FOR CONSTRUCTION OF CONCESSION-RESTROOM FACILITIES AT WILLIAMS, LOCH LOMAND AND SCOTLAND PARKS. WHEREAS, the City of Wichita Falls and F & W Construction Co. , as contractor, entered into a contract dated January 4, 1980, wherein said contractor agreed to construct three concession-restroom facilities, one each in Scotland Park, Williams Park and Loch Lomand Park; the contract price was $47,900 for each such facility; and, WHEREAS, the City has received Change Order No. 1 to such contract, which change order increases the contract price by $15,810. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Change Order No. 1 to such contract is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Smith that Resolution No. 2547 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Pro tem Thomas , Aldermen Traywick, Hampton, Russell , Smith, and Boston Nays: None Item 13a Alderman Russell inquired why the shrubbery and plantings have not been done at the Activities Center when the Council specifically requested back in March that it be done to take advantage of the growing season? Bill Hursh, Director of Parks and Recreation, stated that they have been working on the soil and irrigation system in the beds, but that it should be completed in two weeks. Alderman Russell also stated that she would like to push ahead with some visible facet of the River project for completion by 1982 for the Centennial celebration. City Manager Gerald Fox requested that Planning and Parks Departments put together some options for consideration. The Board of Aldermen adjourned at 9:45 A.M. PASSED AND APPROVED this day of 1980. MAYOR ATTEST: X, CITY CLERK STATE OF TEXAS COUNTY OF WICHITA FIRST AMENDMENT TO CONTRACT WITH BOB BROWN d/b/a BOB'S COMMUNICATION SERVICE This First Amendment to Contract made and entered into this the day of , 1980, by and between the City of Wichita Falls, Texas, and Bob Brown d/b/a Bob' s Communication Service, WITNESSETH: The parties hereto do hereby agree to amend that certain contract dated April 30, 1976, which provides for maintenance of City' s radio communications equipment, as follows: Paragraph I of such contract is hereby amended to read as follows: "This contract shall be in force and effect for a period beginning on the 1st day of May, 1976, and ending on the 30th day of September, 1981. This contract will be subject to termination at the request of either party by giving thirty days written notice to the other party of its desire to terminate the contract, which notice shall be delivered in person or by certified mail. " Except insofar as it is amended hereby, such contract 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 above stated. CITY OF WICHITA FALLS, TEXAS BY: Gerald G. Fox, ATTEST: City Manager City Clerk Bob Brown d/b/a Bob' s Communication Service BY: THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document B141 Standard Form ®f 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 THIRD day of JUNE in the year of Nineteen Hundred and EIGHTY BETWEEN the Owner: CITY OF WICHITA FALLS, STATE OF TEXAS COUNTY OF WICHITA and the Architect: KILLEBREW/RUCKER/ASSOCIATES , INC. 600 PETROLEUM BUILDING WICHITA FALLS, TEXAS 76301 For the following Project: (Include detailed description of Project location and scope.) A CENTRAL SERVICES COMPLEX TO BE LOCATED ON THE PROPERTY (APPROXIMATELY 10.0 ACRES) IMMEDIATELY WEST OF AND ADJACENT TO U.S. HIGHWAY 82-277 BETWEEN VAN BUREN STREET AND SUNSET DRIVE, WICHITA COUNTY, 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 13141 • OWNER-ARCHITECT AGREEMENT• THIRTEENTH EDITION • JULY 1977 • AIA' . n 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGION, 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 I 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. consisting of drawings and other documents illustrating 1.5.2 Unless otherwise provided in this Agreement and the scale and relationship of Project components. incorporated in the Contract Documents, the.Architect 1.1.5 The Architect shall submit to the Owner a State- shall provide administration of the Contract for Construc- ment of Probable Construction Cost based on current tion as set forth below and in the edition of AIA Docu- area, volume or other unit costs. ment A201, General Conditions of the Contract for Con- 1.2 DESIGN DEVELOPMENT PHASE struction, current as of the date of this Agreement. 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 be appropriate. 1.5.4 The Architect shall visit the site at intervals ap- 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. 1.12 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 8141 • OWNER-ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIA'"D • O 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHiNGTON, U.C. 20006 8141-1977 3 contractors or any other persons performing any of the necessary or advisable for the implementation of the intent 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- Work wherever it is in preparation or progress. ments, whether or not such Work be then fabricated, in- 1.5.7 The Architect shall determine the amounts owing stalled or completed. to the Contractor based on observations at the site and on 1.5.13 The Architect shall review and approve or take 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 a Certificate for Payment shall Documents. Such action shall be taken with reasonable 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- roval of a specific item shall not indicate a •vided in Subparagraph 1.5.4 and on the data comprising p pn approval of an p the Contractor's Application for Payment, that the Work assembly of which the item is a component. has progressed to the point indicated; that, to the best of 1.5.14 The Architect shall prepare Change Orders for the Architect's knowledge,information and belief,the qual- the Owner's approval and execution in accordance with ity of the Work is in accordance with the Contract Docu- the Contract Documents, and shall have authority to order ments (subject to an evaluation of the Work for con- minor changes in the Work not involving an adjustment formance with the Contract Documents upon Substantial in the Contract Sum or an extension of the Contract Time Completion, to the results of any subsequent tests re- which are not inconsistent with the intent of the Contract quired by or performed under the Contract Documents, 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- essary for the proper execution or progress of the Work 1 6 PROJECT REPRESENTATION BEYOND BASIC SERVICES 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 ance 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, shall be subject to arbitration as provided in this Agree- The following' Services are not included in Basic ment and in the Contract Documents. Services unless so identified in Article 15. They shall to reject Work be provided if authorized or confirmed in writing by 1.5.12 The Architect shall have authority 1 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 B141-1977 AIA THE A DOMCUMENT OWNER-ARCHITECT AGREEMENT ER CAN IINSTITUTE OF ARCH TECTS, 1 THIRTEENTH 735NEW YORK AVENUE, N.W.,•WASH NGTON,IAD.C.O23DO06 1.7.1 f1fWOAk)• a+ra4y5es-af-tie-Gwmer=s-neeck,-an-d-pro- struction, and furnishing services as may be required in gr�auniaag2haregLue�eat3-0f tbey2roj�t. connection with the replacement of such Work. 1.7.2 Preetidirrg--firrarteial--feas ;Frtq-ex-eN7er-sp�era} 1.7.16 Providing services made necessary by the default sta3�le5 of the Contractor, or by major defects or deficiencies in 1.7.3 Rrevidiflg-RIaRr}iflgitlweps,-ske eflvi- the Work of the Contractor, or by failure of performance F0+19;,--A al-sip+dies-eFEeFnparatiNe of either the Owner or Contractor under the Contract for sites aravd-�Fepar�w 3 +�g R' Construction.p r-s'ey�-studies-aRc�-5db +s- sieFas-Feq�lired e�ap{are�aiso€ go�erfl+ eRt,34_tlg+()4ities 1.7.17 Preparing a set of reproducible record drawings gFetie�s-ha�ririg�urasdiEt+a� ever�be Rfoject, showing significant changes in the Work made during 1.7.4 -Preridirrg-ser�r;ces-relative-te-ftitvre�aeiFit7es-aps- construction based on marked-up prints, drawings and equ.i Pme n�wla irki_are-nc�.tt.i ate a ded xa.bP_con- other data furnished by the Contractor to the Architect. � }g- e{-cjnstrtietiotrPf3ase. 1.7.18 Pouidiag eFeflsive assisFaflee+r�Elte�ttili3atYarref 1.7.5 Providirr rvTcL-srtairrm5ttpte-exTstirT- lditicros Dr system suchas_ini2iaLstact_up�r�esting, er far i+ erertvmai�e7rr astrred-dTaw s-thlereof;-or to wasting-and-�raFancing,-Pre-8 r-p i,"Re4- of-9ion-artd rer if the-aecra � na airy Lena a ce-ma.ru�a k>-•t ra ir�i I�g--f>er�oa a el-€o-r-e pefa t+ot� 1 Irisifetl-by-NTe-O�vnvf�drawiTrgsrn oth�nkrrmatron fuT- and mainSenaace and tation diuipg_opp. era.tiQ 1.7.19 Providing services after issuance to the Owner of 1.7.6 Preparing documents of alternate, separate or the final Certificate for Payment, or in the absence of a sequential bids or providing extra services in connection final Certificate for Payment, more than sixty days after with bidding, negotiation or construction prior to the the Date of Substantial Completion of the Work. completion of the Construction. Documents Phase, when requested by the Owner. 1.7.20 Preparing to serve or serving as an expert witness 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 Prou+dl+�8-se�u+�es�R toaaec ioat-witb�bc� c'F -Co: the normal architectural, structural, mechanical and elec- 'T•t:orT5t rticti0rT'17id'tta'gCrZ5r'3a?'ISa7J1Z-Cbn3LTIFanTs Tel NM !d trical engineering services for the Project. by-tO �er. 1.7.22 Providing any other services not otherwise in- 1.7.9 -Rrevidi+rg-0etai�ed ��trrwates-aFCanstrerctier�� st eluded in this Agreement or not customarily furnished in aa�yses-eowai+lgefldreFiflg-cost�,�rdttai} i accordance with generally accepted architectural practice. tttq-nnrey'S-oT-Trrventariesvf-rratL-ral,-equrpmen-t-aaTc• 1.8 TIME labaar. 1.7.10 fo�idifl iflEeritx-des 1.8.1 The Architect shall perform Basic and Additional g �*+-anr} other-sTmriarser- Services as expeditiously as is consistent with professional Wed�ee O'-In-EOie �"' { '�e`'1tOn skill and care and the orderly progress of the Work. Upon reF eEttre�lp ,eRR al}aEian�f-famritwe,-fwrtishings-anr� request of the Owner, the Architect shall submit for the �atedepalept- Owner's approval a schedule for the performance of the 1.7.11 - rovid'ing-serom-fDr-p mTn1rrg'tertanram-rz%nMt Architect's services which shall be adjusted as required as srpaEes• 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 other documents when such revisions are inconsistent of submissions and for approvals of authorities having , jurisdiction over the Project.This schedule,when approved with written approvals or instructions previously given are required by the enactment or revision of codes, laws by the Owner, shall not, except for reasonable cause, be or regulations subsequent to the preparation of such doc- exceeded by the Architect. 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 t\4a�c+r}g itlwestigafien9-�arveq valuatiortsTrlv�n- 2.2 If the Owner provides a budget for the Project it tofies-eFdetai�ed-appraisals of existing-faciHtre�-and 3er-7= shall include contingencies for bidding, changes in the lees-regeirec�+r�eerrr�ectien-tivith-eartstrcrctrorrperforrrted Work during construction, and other costs which are the bye-g-w-Gwaer- responsibility of the Owner, including those described in 1.7.15 Providing consultation concerning replacement of atlt erticl reque tnofatheuArrchittectt, rovibparagraph The Owner shall, any Work damaged by fire or other cause during con- funds available for the Project, and their source. atement of AIA DOCUMENT 8141 • OWNER-ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIAO • Qe 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 8141-1977 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. 2.4 The Owner shall furnish a legal description and a certified land surveyof the e site, giving, as applicable, 3.2 RESPONSIBILITY FOR CONSTRUCTION COST grades and lines of streets, alleys, pavements and adjoin- 3.2.1 Evaluations of the Owner's Project budget, State- ing property; rights-of-way, restrictions, easements, en- ments of Probable Construction Cost and Detailed croachments, zoning, deed restrictions, boundaries and Estimates of Construction Cost, if any, prepared by the contours of the site; locations, dimensions and complete Architect, represent the Architect's best judgment as a data pertaining to existing buildings, other improvements design professional familiar with the construction indus- and trees; and full information concerning available serv- try. It is recognized, however, that neither the Architect ice and utility lines both public and private, above and nor the Owner has control over the cost of labor, mate- below 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, ports 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- tinged, 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- 3.1.1 The Construction Cost shall be the total cost or negotiating of the Project within a reasonable time, (3) if estimated cost to the Owner of all elements of the Project the Project is abandoned, terminate in accordance with 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 6 B141-1977 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. 20006 with the fixed limit. The providing of such service shall be or extended through no fault of the Architect, compensa- the limit of the Architect's responsibility arising from the tion for any Basic Services required for such extended establishment of such fixed limit, and having done so, the period of Administration of the Construction Contract Architect shall be entitled to compensation for all services shall be computed as set forth in Paragraph 14.4 for Addi- performed, in accordance with this Agreement, whether tional Services. 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 aauthoritie Lavin juri diction Aver the Project., as author1 ze� by C�he 61 ty Ot 6.4.1 If the Project is suspended or abandoned in whole 5.1.2 -Exp64tiA4o ;&pri'e�t I,1 S, pc>ht�weaac�-haadU e or in part for more than three months, the Architect shall be compensated for all services performed prior to receipt C]xawings�S{>eci#icatieraru�ethe��iecwz�arats� luiiirs� of written notice from the Owner of such suspension or �eprcxlnctitxts-ferthe-offite-ttse vf�Fte r�Tcfritett artr�tfte- abandonment, together with Reimbursable Expenses then Arcl�iSec�'scariwltar�ts. 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. 5.1.6 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 ARTICLE 6 Owner's authorized representative at mutually convenient times. PAYMENTS TO THE ARCHITECT ARTICLE 8 6.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES OWNERSHIP AND USE OF DOCUMENTS 6.1.1 An initial payment as set forth in Paragraph 14.1 is the minimum payment under this Agreement. 8.1 Drawings and Specifications as instruments of serv- ice Subsequent ice are and shall remain the property of the Architect q payments 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 cluding reproducible copies, of Drawings and Specifica- forth in Article 14. tions for information and reference in connection with the 6.1.3 If and to the extent that the Contract Time initially Owner's use and occupancy of the Project. The Drawings established in the Contract for Construction is exceeded and Specifications shall not be used by the Owner on AIA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIAO • Qc 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1977 7 other projects, for additions to this Project, or for comple- 10.4 Fe,mrrrat ion-Expenses-rrtclrr le-expenses-directly-at- tion of this Project by others provided the Architect is not trilautalale_tatexminatioa for Luhict�the_ chitect-i�aot in default under this Agreement, except by agreement in oft�erw+se-caren9ated,-p'�Ia-en-amet�rtt-rorrrpvtecf-as-a- writing and with appropriate compensation to the Archi- pef-c—""e-of-t-ke-teta+-Basie-anti-Ad-diScra•l{-ompema- tect. tio+l-eato-t+ie tine ef-terrrlimtiert,-as-feHaws: 8.2 Submission or distribution to meet official regulatory .1 20-pereerrt-if-termi•nntiom otcurs-diming-the--ciche- requirements or for other purposes in connection with the mttr&Desigrr-Pha!m yr Project is not to be construed as publication in derogation .2 of the Architect's rights. 9eae•ep•mertt-Kms%—,-or .3 5--percent•if-term imtierr-oc trrs-during-any-st.rbse ARC CLE-9. 4uecu{ataase- I ARBITRATION ARTICLE 11 9.1 AIJ cJalmsr�lpreltes-arid-ete�-r�'a;ts +F� te�t+c;rt MISCELLANEOUS PROVISIONS between the-parSer to-this rigreerrrent,-arising-aat-of-or reladag.la"Y.-Agreemea4er.t0•Ia pea E}-4 thefeof, "-144-be 11.1 Unless otherwise specified, this Agreement shall be deeided-tarbitration-in accordance with-t+re�omtrac- governed by the law of the principal place of business of t -{°d°sth, Atbitr$tton i2ti}es-of_t}re_4mer7cam�yrbitra the Architect. tioft-Asseeii3Eic�r�tlterrebtairring t�nfess-the partiermvtar 11.2 Terms in this Agreement shall have the same mean- allyTgfee-et-kermst +4o-e+ttraticxr,arising-out-of-or-re- ing as those in AIA Document A201, General Conditions lacing-ta-tkt+s-ABr�erzteat -4a1�+nc4L+d, -by-cof�sel+d i°fl- of the Contract for Construction, current as of the date jniader-er-ifl y o leer-rrlarttter,-arty-adel>trcmaf-persorrmot• of this Agreement. a-part--t-e-44iis-,4greeriiert•t-except-iy�-written-conserrt-corr-• 11.3 As between the parties to this Agreement: as to all toifli'rg-a­speeifie-re€e+ertee-te-this-Agreemett-arnf-sigHteci- acts or failures to act by either party to this Agreement, by-tbe,Afc�+teet Etie Oawrer,-vnd-any otFrer�ersort-s fight any applicable statute of limitations shall commence to to be-jai -Aay�feRsert tc�atbiEraticxrirneEvrtrg-arrad- run and any alleged cause of action shall be deemed to &4or,4 peFseR-of-persofl5-sFta}knot-cot7•st+tite•eoment-to- have accrued in any and all events not later than the rele- afhikat+c�n o€�fly�i+spti�e-+let-descfi+ied-tHereiit er eroith vant Date of Substantial Completion of the Work and as any-person-n-crt narrred-ordest bE!Ct-therein7-ttt5-Agme- to any acts or_failures to act occurring after the relevant rrrem-to-wrbitratrr-mTd-airy-agreement-to-arbit rate,wtth-an Date of Substantial Completion, not later than the date of additiocla{-per3el�-or-persc�rts-dL�Iy cofjsented -te-f3y-F}�e issuance of the final Certificate for Payment. parxies-te-tbi3�gr�ef �Flaa!-bes�c+f+c-a�yefl€o-r��e- rights 11.4 The Owner and the Architect waive all ri u4lder the-preva+l+ng-arlaira�ieR4a�v. g against each other and against the contractors, consult- 9.2 r !°t�c�ef-t+1e �et'd-foram ' -�{'ai}r'e�,{ 'n ants, agents and employees of the other for damages cov- \,w+ itg-witfj-theoFljer�erFy-to-this-Agreerent-arrd-v ith ered by any property insurance during construction as set theAf rericaFt•)4•rbil"ien-A-"oeiatic .The-d ern mTd-3Frall- forth in the edition of AIA Document A201, General Con- beac#e`w+tk�in-,t Heasorrabie-Firt�e aftertfre-c�faim drsptite- ditions, current as of the date of this Agreement. The of-0tl�e�-rtlaEtef it1-geestier��ta�arisert- in rro-event shad- Owner and the Architect each shall require appropriate lice demane}4erarbi ratirm-fse-rr-radeafterttre-date-vvfrem similar waivers from their contractors, consultants and iasFi �t+cxt--o -legal-or-e�ei �feceediirgssed �n agents. s e cir c Fa irrr,-di sputa�r�thgr-matteT 1rr qn estton�,valslzj�- . barr�dlay.tbaapgl�bl�a3�'t�Qf-l�'t:Ea#iatts^ ARTICLE 12 9.3 �f�eawerd-rendered-by-the�rf�itratorsshatl-be firrai, a�ad jHadgrtiaar�t rx�ay-be entered-�+por>-i +rracxtiarrce�vith SUCCESSORS AND ASSIGNS appFrIarv-rrl-anyrt-h-avirtg�nnsdictron-thererrf. 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. 10.2 This Agreement may be terminated by the Owner ARTICLE 13 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. 8 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. 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($ NONE shall be made upon execution of this Agreement and credited to the Owner's account as follows: I 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 identity Phases to which particular methods of compensa- tion apply,if necessary.) BASIC COMPENSATION SHALL BE COMPUTED AS A PERCENTAGE OF CONSTRUCTION COST FOR PORTIONS OF THE PROJECT TO BE AWARDED UNDER A SINGLE SUM CONSTRUCTION CONTRACT AT THE RATE OF SIX PERCENT (6%) . 14.2.2 Where compensation is based on a Stipulated Sum or Percentage of Construction Cost, payments for Basic 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 ( 15%) Design Development Phase: percent( 20%) Construction Documents Phase: percent ( 4.0%) Bidding or Negotiation Phase: percent( 5%) Construction Phase: percent( 20%) 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 1.7, 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 rates and/or multiples of Direct Personnel Expense for Principals and employees, and identify Principals and classify employees, if required. Identify specific services to which particular methods of compensation apply, if necessary.) PRINCIPALS AT $50.00 PER HOUR JAMES R. KILLEBREW JAMES R. RUCKER DONALD G. DAUGHERITY JOHN B. GLOVER EMPLOYEES AT. 2.75 TIMES DIRECT PERSONNEL EXPENSES 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 ONE AND ONE-HALF 1.5 ) times the amounts billed to the Architect for such services. (identify specific types of consultants in Article 15, if required.) 14.5 FOR REIMBURSABLE EXPENSES,as described in Article 5 and any other items included in Article 15 as Reim- bursable Expenses,a multiple of ONE AND ONE-TENTH ( 1.1 ) times the amounts ex- pended by the Architect, the Architect's employees and consultants in the interest of the Project. 14.6 Rayfftems-dacthe ATcri eet-an4-unpaid-urxfer-tFris-ttgreemem-s-fraIf-ttarTTrterest-from-tfm-date-Va7m-enrTs dua a�thew taanxe red.b.elawr���i.c1..-tkie-alxer�c2-tie ceo�,-at-t be Jaga{-ram p rt�va ilia g-a�fie-p ffr�c�paa-p{ace-o-f ba4rtess-ef-tlte-Arc4t iteet. ('Mere-M yert -ir�-e6Teed t1f701T.) (llwgaaws�rd-rrgaire.nentremde+-tire(�clerel-itexh;TrLrMd"-Art- tnrr-arrd-trtfmrregtrf'anenr 3-tht* (3sunar:: awd-Arclsitect=s-�iacipaF-pJ>Ees of b��ners-thr k>eaherrof-the Project-x+c!el�vrhrrerra�ariectthe-Tafidityvl-rfiisprvvisicm-9Peeifirfega, adricesfmaht �otr�arrmpd-epith'TPspeer[D dPt2tlorr'rrtDtiiYfc3rrb11,-SramL* TemsslS's�fh aTlrTnrrum a3cTo7u7,n-br7vn ef?.7 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 TWENTY-FOUR (24) 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,31- ©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 i AIA DO&MENT B141 • OWNER-ARCHITECT AGREEMENT• THIRTEENTH EDITION JULY 1977 AIAO • (g)1977 THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVENUE, N.1N., WASHINGTON, D.C. 20006 B141-1977 11 ' � r i This Agreement entered into as of the day and year first written above. OWNER ARCHITECT CITY OF WICHITA FAITS KTIIFRR W/RIICKFR/ASSOCTATFS INC. 600 Petroleum Building Wichit4 Falls, Texas BY g City Manager airman of the Board AIA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT• THIRTEENTH EDITION • JULY 1977 • AIA'O • ©1977 12 0141-1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 STATE OF TEXAS X COUNTY OF WICHITA X LEASE OF LAND AT LAKE WICHITA TO WICHITA FALLS BOATING CLUB This agreement of lease made and entered into this lst day of June, 1980, by and between the City of Wichita Falls, Texas, hereinafter called CITY, and the Wichita Falls Boating Club, hereinafter called LESSEE, W I T N E S S E T H: By these presents City does hereby lease and demise unto Lessee the following tract of land, to-wit: A certain parcel of land out of the J. A. Scott Survey No. 5, Abstract 297 , Wichita County, Texas, and more particularly described as follows: BEGINNING at a point in the North line of the J. A. Scott Survey No. 5, said point being 150 ' West of the common corner between Blocks 33 and 34 of Denton County School Lands; THENCE, West 400' to a point in the North line of J. A. Scott Survey No. 5; THENCE, South 175' to a point in the North shore of Lake Wichita when the Lake is at spillway elevation; THENCE, in a Southeasterly direction along the North shore line of Lake Wichita to a point South of the place of beginning; THENCE, North 340' to the place of beginning; and containing 1.75 acres of land, more or less, for the term of 5 years beginning June 1, 1980, and ending May 31, 1985, upon the following conditions and covenants: 1. Lessee shall pay City therefor rental in the following amounts: $87 . 00 for the first lease year, $93. 00 for the second lease year, $100. 00 for the third lease year, $107 . 00 for the fourth lease year, and $114 . 00 for the fifth lease year. Rental shall be paid annually in advance; the first annual rental payment shall be due upon the execution of this lease; subsequent annual rental payments shall be due on June 1, of each succeeding year of the lease. Lessee agrees to quietly surrender up the premises in as good condition as the same were when received, reasonable wear and tear excepted, at the termination of the lease. 2. Lessee binds itself to use said property for only lawful purposes and to keep the premises in a sanitary condition during the term of this lease. Lessee further agrees that the use of the premises shall be restricted to its meetings and for recreational purposes, and no other; that in such permissive use and operation, no intoxicants of any kind or character shall . ever be sold thereon; nor shall same be operated in such manner as to create a nuisance. 3. Lessee agrees that it will not file any claim for flood damages to any property placed on said land by it or to any persons on said land during the term of this lease, and further agrees to hold City harmless from any and all kinds of damages whatsoever. 4. Lessee further agrees that during the term of this lease should City demand or require the premises herein leased for their own use and/or benefit, then said Lessee will upon receipt of thirty days written notice, relinquish said premises to City; whereupon, City will refund to Lessee that pro-rata part of the unused rental paid herewith. 5. If Lessee should breach any of the covenants contained herein, City shall have the right to terminate said lease. 6. Upon expiration of this lease or upon termination as hereinabove provided, Lessee shall have the right to remove from the land within a reasonable time any and all improvements by it placed thereon. 7. It is specifically agreed by and between the parties hereto that as a part. of the consideration herefor, Lessee shall not sublease or assign said premises or any part thereof without the written consent of City first having been had and obtained. 8. Lessee shall indemnify and hold harmless City from all -2- claims for damages arising out of the use of said land. Lessee shall carry liability insurance with limits of $100, 000 per person and $300, 000 per occurrence for bodily injury, and $25, 000 for property damage. The parties hereto have caused these presents to be executed by their duly authorized officers the day and year first above written. CITY OF WICHITA FALLS, TEXAS Gerald G. Fox, City Manager ATTEST: City Clerk Approved as to Form: City Attorney WICHITA FALLS BOATING CLUB BY: R. L. McCa ity, President -3- THE AMERICAN INSTITUTE OF ARCHITECT'S_ - 7 ;z .T 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-sixth (26th)day of May in the year of Nineteen Hundred and Eighty (1980) BETWEEN the Owner: City .of Wichita Falls Municipal Auditorium Wichita Falls, Texas 76307 and the Architect: Charles Harper Associates 4724 Old Jacksboro Highway Wichita Falls, Texas 76302 For the following Project: (Include detailed description of Project location and scope.) Renovation of the police headquarters building but limited to roof repair or roofing and additional 'roof insulation, foundation drain installation on west and part of north side of structure, air conditioning roof curb modification, repair of wall .and floor in confinement area, smoke ventilator system for confinement area, installation of emerge�icy electric generator. The project shall be limted to $111,000 (including architect's fee) and the Owner and the Architect shall mutually work to achieve the project within this sum. The Owner and the Architect agree as set forth below. Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1%7, 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 6141 - OWNER-ARCHITECT AGREEMENT - THIRTEENTH EDITION - JULY 1977 -'AIA't- ©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 ger>moral 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 32.1. 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. consisting of drawings and other documents illustrating 1.5.2 Unless otherwise provided in this Agreement and 1. the scale and relationship of Project components. incorporated in the Contract Documents, the Architect 1.1.5 The Architect shall submit to the Owner a State- shall provide administration of the Contract for Construc- ment of Probable Construction Cost based on current tion as set forth 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- 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 jo 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 tiors 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 8141 - OWNER-ARCHITECT AGREEMENT - THIRTEENTH EDITION - IULY 1977 - AIA&- C 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW.YORK AVENUE, N.W., WASHINGTON, D.C. 2W06 B141-1977 3 contractors or any other persons performing any of the necessary or advisable for the implementation of the intent 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- Work wherever' it is in preparation or progress. ments, whether or not such Work be then fabricated, in- stalled or completed. 1.5.7 The Architect shall determine the amounts owing 1e> to the Contractor based on observations at the site and on .5.13 The Architect shall review and approve or tak 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 a Certificate for Payment shall Documents. Such action shall be taken with reasonable 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 the 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- I 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- 15.10 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 ; ante 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 8141 - OWNER-ARCHITECT AGREEMENT- THIRTEENTH EDITION - JULY 1977 - AIA'V• ©1977' THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 1.7.1 Providing analyses of the Owner's needs, and pro- struction, and furnishing services as may be required in gramming the requirements of the Project. connection with the replacement of such Work. 1.7.2 Providing financial feasibility or other special '1.7.16 Providing services made necessary by the default studies. of the Contractor, or by major defects or deficiencies in 1.7.3 Providing planning surveys, site evaluations, envi- the Work of the Contractor, or by failure of performance ronmental studies or comparative studies of prospective of either the Owner or Contractor under the Contract for sites, and preparing special surveys, studies and submis- Construction. a sions required for approvals of governmental authorities 1.7.17 Preparing a set of reproducible record drawings or others having jurisdiction over the Project. showing significant changes in the Work made during construction based on marked-up prints, drawings and 1.7.4 Providing services relative to future facilities, sys- other data furnished by the Contractor to the Architect,, tems and equipment which are not intended to be con- structed during the Construction Phase. 1.7.18 Providing extensive assistance in the utilization of any equipment or system such as initial start-up or testing, 1.7.5 Providing services to investigate existing conditions adjusting and balancing, preparation of operation itnd or facilities or to make measured drawings thereof, or to maintenance manuals, training personnel for operation verify the accuracy of drawings or other information fur- and maintenance, and consultation during operation. nished by the Owner. 1.7.19 Providing services after issuance to the Owner of 1.7.6 Preparing documents of alternate, separate or the final Certificate for Payment, or in the absence of a sequential bids or providing extra services in connection final Certificate for Payment, more than sixty days after with bidding, negotiation or construction prior to the the Date 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- 1.7.9 Providing Detailed Estimates of Construction Cost, cluded in this Agreement or not customarily furnished in analyses of owning and operating costs, or detailed quan- accordance with generally accepted architectural practice. k_ tity surveys or inventories of material, equipment and 1.8 TIME labor. 1.8.1 The Architect shall perform Basic and Additional 1.7.10 Providing interior design and other similar ser- Services as expeditiously as is consistent with professional vices required for or in connection with the selection, skill and care and the orderly progress of the Work. Upon procurement or installation of furniture, furnishings and request of the Owner, the Architect shall submit for the related equipment. Owner's approval a schedule for the performance of the 1.7.11 Providing services for planning tenant or rental Architect's services which shall be adjusted as required as spaces. 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 RES:'ONSIBILITIES • data and providing other services in connection with Change Orders to the extent that the adjustment in the 2.1 The Owner shall pro-wide 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- shall include contingencies for bidding, changes in the 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 F:oject,and their source. AIA DOCUMENT 8141 - OWNER-ARCHITECT AGREEMENT- THIRTEENTH EDITION - JULY 1977 - AIAO•©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 provided in hi ' the Architect's services, are the responsibilityof the Owner as t cle 2. a 2.4 The Owner shall furnish a legal description and a certified land survey of the site, giving, as applicable, 3.2 RESPONSIBILITY FOR CONSTRUCTION COST " grades and lines of streets, alleys, pavements and adjoin- 3.2.1 Evaluations of the Owner's Project budget, State- ing property; rights-of-way, restrictions, easements, en- ments of Probable Construction Cost and Detailed. croachments, zoning, deed restrictions, boundaries and Estimates of Construction Cost, if any, prepared by the contours of the site; locations, dimensions and complete Architect, represent the Architect's best judgment as a data pertaining to existing buildings, other improvements design professional familiar %with the construction indus= and trees; and full information concerning available serv- try. It is recognized, however, that neither the Architect ice and utility lines both public and private, above and nor the Owner has control over the cost of labor, mate- below 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, test. 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, ports 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 pos4l, the Owner shall (1) give written approval of an increase in such fixed limit 3.7 DEFINITION , (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 - AIAS- Q 1977 6 B141-1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON. D.C. 20006 with the fixed limit.The providing of such service shall be or extended through no fault of the Architect, compensa- the limit of the Architect's responsibility arising from the tion for any Basic Services required for such extended establishment of such fixed limit, and having done so, the period of Administration of the Construction Contract Architect shall be entitled to compensation for all services shall be computed as Set forth in Paragraph 14.4 for Addi- performed, in accordance with this Agreement, whether tional Services. or not the Construction Phase is commenced. 6.1.4 When compensation is based on a percentage.af Construction Cost, and any portions of the Project aIM 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 ocher 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 5.1 Reimbursable Expenses are in addition to the Com- upon presentation of the Architect's statement of services pensation for Basic and Additional Services and include rendered or expenses incurred. 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. 1 p *5.1.2 Expense of reproductions, or in part for more than three months, the Architect shall p p , postage and handling of be compensated for all services performed prior to receipt Drawings, Specifications and other documents, excluding of written notice from the Owner of such suspension or reproductions for the office use of the Architect and the abandonment, together with Reimbursable Expenses then Architects consultants. 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. 5.1.6 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 ARTICLE 6 Owner's authorized representative at mutually convenient- . times. PAYMENTS TO THE ARCHITECT ARTICLE 8 6.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES ` OWNERSHIP AND USE OF DOCUMENTS 6.1.1 An initial payment as set forth in Paragraph 14.1 is the minimum payment-under this Agreement. 8.1 Drawings and Specifications as instruments of serv- 6.1.2 Subsequent payments for Basic Services shall be ice are and shall remain the property of the Architect 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 toyretain copies, in- formed within each Phase of services, on the basis set forth in Article 14. eluding reproducible copies, of Drawings and Specifica- tions for information and reference in connection with the 6.1.3 If and to the extent that the Contract Time initially Owner's use and occupancy of the Project. The Drawings established in the Contract for Construction is exceeded and Specifications shall not be used by the Owner on 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 7 * See Article 15.1 r , 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 Scheme, 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 percent if termination occurs during any subse- ARTICLE 9 quent phase. (� ARBITRATION ARTICLE 11 �]+9. All claims, disputes and ether matters in question MISCELLANEOUS PROVISIONS `.�bet een the parties to this Agreement, arising out of qr --� relate to this is , or the breach thereof, shal be 11.1 Unless otherwise specified, this Agreement shall be decide by arbitration in ac rdartce with the Con ruc- governed by the law of the principal place of business of tion In try Arbitration Rul s of the American rbitra- the Architect. tion Ass- ' tion then obtaini g unless the parti s mutu- 11.2 Terms in this Agreement shall have the same mean- ally agree o erwise. No arbi ration, arising o of or re- ing as those in AIA Document A201, General Conditions lating t- this greement, sha I include, by c solidation, of the Contract for Construction, current as of the date joinder or in a other mann r, any additio al person not of this Agreement. a party to this A eement ex pt by writt consent con- 11.3 As between the parties to this Agreement: as to all taining a specific ference t this Agre ment and signed acts or failures to act by either party to this Agreement, by the Architect, the Owner, nd any her person sought any applicable statute of limitations shall commence to to be joined. Any co ent to arbitr Ion involving an ad- run and any alleged cause of action shall be deemed to ditional person or pers s shall n constitute consent to have accrued in anv and all events not later than the rele arbitration of any disput not scribed therein or with vant Date of Substantial Completion of the Work, and as any person not named or a ibed therein. This Agree- to any acts or failures to act occurring after the relevant Date of Substantial Completion, not later than the date of additional person or pers s�duly consented to by the issuance of the final Certificate for Payment. parties to this Agreemen ha specifically enforceable 11.4 The Owner and the Architect waive all rights under the prevailing ar ' ratio la . against each other and against the contractors, consult- 9.2 Notice of the d and f t arbi ation shall be filed in ants,agents and employees of the other for damages cov- writing with the o er party- this greement and with ered by any property insurance during construction as set the American Ar tration Association. he demand shall forth in the edition of AIA Document A201,General Con- be made within reasonable time after a claim, dispute ditions, current as of the date of this Agreement. The or other matt r in question qas arisen. In no event shall Owner and the Architect each shall require appropriate the demand or arbitration be made after t e date when similar waivers from their contractors, consultants and institution of legal or equit4ble proceedin based on agents. such cla' , dispute or other rpatter in question would be barred y the applicable statute of limitations. ARTICLE 12 9.3 he award rendered by 'he arbitrators shall b final,an judgment may be entered upon it in accordance with SUCCESSORS AND ASSIGNS plicable law in any court hdving jurisdiction thereo . 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. 4 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 B141-1977 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: It, is 14.1 AN INITIAL PAYMENT of N/A dollars($ 0 )- 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,if necessary.) ` The Architect's billing shall be on a multiple of three (3) times the Direct Personnel -Expense but the- total of these billings at the end of the work shall not exceed 11.5% of the Construction Cost as defined in Article 3. The Employees' Direct Personnel Expense as defined in Article 4 is as follows: Darryl Rogers _$8.79/hr. Bill Commer 7.58/hr. Glenda Ward 6.11/hr. Brian Yates 6.25/hr. Ken Hughlett 5.90/hr. Erik-Jan Bulstra 5.50/hr. John Muir 4.88/hr. Charles Harper, Ralph Perkins, and Larry Tanner will bill at a flat rate of $40.00 per hour (no multiplier on their rates.) 14.2.2 Where compensation is based on a Stipulated Sum or Percentage of Construction Cost, payments for Basic 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: Fifteen percent( 15 %) Design Development Phase: Twenty percent( 20%) Construction Documents Phase: Forty percent( 40%) Bidding or Negotiation Phase: + Five percent( 5 %) Construction Phase: Twenty percent( 20 %) 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. 2OW6 B141-1977 9 , 14A COMPENSATION FOR ADDITIONAL SERVICES 14.4.1 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Paragraph 1.7, 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 rates and/or multiples of Direct Personnel Expense for Principals and employees,and identify Principals�— and classify employees, if required. identify specific services to which particular methods of compensation apply, if necessary.) As 14.2.1 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 one and one—half times the amounts billed to the Architect for such services. (Identify specific types of consultants in Article 75,if required.) ,4.5 FOR REIMBURSABLE EXPENSES,as described in Article 5, and any other items included in Article 15 as Reim- bursable Expenses,a multiple of one and one—half ( 1.5 ) times the amounts ex- pended by the Architect, the Architect's employees and consultants in the interest of the Project. 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 state and local consumer credit laws and other regulations at the Owners 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 be obtained with respect to deletion, modification, or other requirements such as written disclosures or waivers.) i 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 twelve ( 2) 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 ACREEMENT- THIRTEENTH EDITION - JULY 1977 - AM-- ©1977 10 B141-1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINCTON, D.C. 20006 ARTICLE 15 OTHER CONDITIONS OR SERVICES 15.1 Delete Articles 5.1.1, 5.1.2, 5.1.3, and 5.1.4 from Reimbursable Expenses. These services shall be included as apart of the basic servies. e- a - f AAA 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 B1414977 11 This Agreement entered into as of the day and year first written above. OWNER ARCHITECT City of Wichita Falls Charles Harper Associates, Inc. r BY � r �` BY Gerald G. Fox 7 Charles F, Ha er A City Manager President Texas Registration No. 2273 Phone: 517-458-1363, ticn over the architects Fe;istration Law, Article 249a, VTCS." AIA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT• THIRTEENTH EDITION • JULY 1977 •AIA9 • Oc 1977 12 B141-1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2MX ji WATFR TREATMhNA PLANT IMPROVEMENTS CALENDAR WICHITA PALLS, TEXAS June 198() Contract for Engineering Services .Tune 1980 Client conference - Construction Contract #1 elements May 1980 First year bond sales August 1980 First billing; for Engineering Services - Contract #1 September 1980 Advertise for Bids for pump, motor, and switch gear for Jasper and Cypress October 1980 Take Bids and award Contract for pumps, etc. Delivery as part of Contract #2 January 1981 Final review of Contract #1 with Client and submit to Health Department February 1981 Advertise for Bids - Contract 111 February 1981 last monthly billing for Engineering Services - Contract #1 (80% estimated fee) March 1981 Take Bids - Contract #1 April 1981 Award Contract 41 April 1981 First billing; for M iuccring Services - Contract 02 May 1981 Second year bond sales December 1981 Last monthly hil 1 in;g for Engineering Services - Contract Q (8u. -nL im.i t�_�d Ice) January 1982 Final ruvf� w of Contract 12 with C1 ivoL and suhm&tal to Health Department February 1982 Advertise for Bids - Contract ;" March 1982 Complete work - Contract #1 March 1982 Take Bids - ContlJCL _ April 1932 Final wnt im.ltc for Ce= r"Uion and adjusted final Enginoorin,_ Services hill - Contract 01 April 1982 Award Contract #2 May 1982 Third ` uj r hand sa I May 1983 Complete work - Cent rJct1, '_' .lUve 198.3 Final estimate of construction and adjusted final Engineering Services bill - Contract #2 B LACK & V E A T C H HOME OFFICE 1500 MEAOOW LAKE PARKWAY CONSULTING ENGINEERS KANSAS CITY.M ISSOURI 64114 DALLAS OFFICE MAILING ADDRESS 5728 LBJ FREEWAY. SUITE 300 POST OFFICE BOX 402004 TEL. (214) 386-0001 DALLAS.TEXAS 75240 CONTRACT FOR ENGINEERING SERVICES THIS CONTRACT, made and executed in duplicate this day of , 1979, by and between the City of Wichita Falls, Texas hereinafter called the Client, party of the first part, and Black & Veatch, Consulting Engineers, hereinafter called the Engineers, party of the second part; WITTNESSETH: That in consideration of the mutual covenants herein contained, the Client hereby agrees to employ the Engineers to perform the services hereinafter outlined, and agrees to pay them for such services according to the schedule of fees herein contained. SECTION I. Services which the Engineers agree to perform include but may not be limited to following: A. Basic - Detailed Engineering Studies 1. Examine all portions of the Jasper Street Water Treatment Plant that requires rehabilitation: a. Filter media b. Filter underdrains C. Rate of flow controllers d. Valves and valve activators e. Filter control tables f. Filter instrumentation and controls g. Chemical feed systems (1) Liquid alum (2) Sodium silicate (3) Lime slakers h. Raw water inlet valves i. Flocculation basin equipment j . Sedimentation basin equipment in the conventional portion of the plant k. Building (1) Roof (2) Electrical (3) Washrooms and lockers (4) Painting interior (5) Windows and doors 1. Sludge blow-off valve and controls for the Accelator 2. Determine new and/or additional equipment and/or structures required at both the Jasper and Cypress Water Treatment Plants. a. 10 mgd horizontal pump with motor, switch gear, and control valves at Jasper Street Plant. b. 15 mgd constant speed vertical turbine pump with motor, switch gear, and control valves at Cypress Street Water Treat- ment Plant. 3. Have a meeting with the City staff to detail the findings and obtain the Client input as to priority of work, choice of materials, contract scheduling, and project completion. 4. Generate a two part design memorandum detailing the work to be accomplished by each of two construction contracts, each to be approximately the same magnitude of cost. The first will allow work to start in the early part of 1981 and the second in the early part of 1982. Each will be financed from the projected sale of bonds in February of those years. Review the design memorandum with City staff to assure project input and mutual understanding. B. Surveys, Drawings, and Specifications 1. Make a detailed. in-plant survey of those items included in both parts of the design memorandum to determine exact dimensions and materials required to accomplish the dictates of the design memorandum. 2. Prepare detailed drawings, specifications, and bid documents to take bids for the accomplishment of the work. 3. Assist in receiving and evaluating bids plus recommending the award of a contract to the Contractor with the bid deemed in the best interest of the City. 4. Make periodic visits to the work during construction to de- termine if the work is being accomplished in general compliance with the job documents and that the Contractor is conducting the project in a workmanlike manner. C. Resident Engineering Services At the option of the Client, furnish a full-time or part-time engineer and such engineering inspectors, as may be required on the work, who will assist and offer general guidance in establishing horizontal and vertical control points, the interpretation of the contract documents, and the making of field checks of materials and equipment. During the course of the Contractor's performance of the job, the resident engineer will conduct on-site observations of the general progress of the work and will consult with the Client and the Contractor, giving his opinions and suggestions, based on his observations, as to any defects or deficiencies in the Con- tractor's work relating to compliance with drawings, specifications, and design and planning concepts. The resident engineer shall not have responsibility for the superintendence of construction, site conditions, safety, safe practices or unsafe practices or conditions, operations, equipment, or personnel other than employees of the Engineer. This service will in no way relieve the Contractor of complete supervision of the work or the Contractor's obligation for complete compliance with the drawings and specifications. The Contractor shall have sole responsibility for safety and for safe practices or unsafe practices or conditions. The resident engineer will also prepare all routine partial and final payment estimates for guiding the Client in making payments to the Contractor, and will report regularly to the Client and to the Engineers upon the progress and quality of the work. The actual time the services of the resident engineer will be required, and the number and duration of services of engineering inspectors, will be determined by the Client. SECTION II. For the services outlined above, the Client agrees to pay the Engineers as follows: A. For all services in connection with the preparation of construction drawings and specifications authorized by the Client, and as outlined in Section I-A and B, a fee determined from the Schedule of Fees as recommended by the American Society of Civil Engineers hereto attached, for each authorization, due and payable as follows: Partial periodic monthly payments in the amount of 10 per cent of the fee, the first such payment starting ninety (90) days after authorization to start work and continuing each month until delivery of drawings and specifications or until a maximum of 80 per cent of the fee, based upon the Engineers' opinion of probable construction cost of the work, has been paid. If at the time of delivery of drawings and specifications a total of 80 per cent of the fee has not been paid in periodic payments, then there shall be paid the remaining amount to bring the payments to 80 per cent; and the remaining 20 per cent shall be paid upon completion of construction work, provided the work is placed under contract within two years after delivery of drawings and specifications. In case the construction work covered by the drawings and specifications is not placed under contract within two years after the delivery of the drawings and specifications to the Client, then an additional 10 per cent of the fee shall be due and payable and shall be based upon the Engineers' opinion of probable construction cost, and the contract shall be terminated or extended on terms mutually agreeable to both parties. The compensation for engineering services will be billed in two segments, one segment for each construction contract. The first will start as detailed above and the second will start approxi- mately one year later allowing payment of engineering fees over a period of approximately two years. The project will be designed as one unit to insure continuity. C. For the services of the resident engineer and engineering inspectors outlined in Section I-C, the Client agrees to pay the Engineers a fee equal to the payroll cost (salary plus 25 per cent) incurred by the Engineers in providing such service, plus 40 per cent of payroll cost, payable monthly, plus reimbursement for use of an automobile. This fee is predicated on engineering services for a continuous period of one year or more for each man. Moving expenses to the job site is to be borne by the Client. SECTION III. It is mutually understood and agreed: A. That the Client will provide, at its own expense, the following items. 1. Property surveys and/or section locations in case such infornnation is required. 2. All exploratory work, such as the digging of test pits, making soil bearing tests, laboratory analyses, etc. , necessary for the preparation of drawings and specifications, the work to be done with the assistance and guidance of the Engineers, who will furnish the engineering services for such work. 3. All maps, drawings, records, data, etc. , which are available in the files of the Client and which may be useful in the work involved under this contract. 4. Office desk space for the Engineers' personnel during preliminary work. 5. Shop, mill, or laboratory inspection of materials, or laboratory testing service. The Engineers will review the reports fur- nished by such laboratories. B. That the Engineers will perform any additional work requested by the Client which is not specifically covered in the Scope of Work as defined under Section I, such as services in connection with litigation regarding the project, appearances before special boards, preparation of easement and right-of-way descriptions, and similar services. Compensation for such services shall be twice the actual payroll cost (salary plus 25 per cent) of personnel employed on the work. The out-of-pocket expenses for travel, subsistence, telephone, and reproduction will be billed on a cost times 1. 10 basis. Auto milage will be billed at $0. 17 per mile. The Engineers will bill the Client on a monthly basis with an itemized statement of the salary and expenses charged to the work as detailed above. Charges are due within 30 days of invoices. C. That the Engineers shall not be liable for delays resulting from causes beyond the reasonable control of the Engineers; that the Engineers have made no warranties, expressed or implied, which are not expressly set forth in this Contract; and that under no circumstances will the Engineers be liable for indirect or con- sequential damages. IN WITNESS WHEREOF, the parties of the first and second parts have hereunto set their hands and seals on the date first above written. BY BLACK & VEATCH Consulting Engineers BY Z W L. W. Bremser Curve s of Median Compensation CURVES A AND B 0 a> M V W y -0 o DA T. Q C i y CL .Q a V O U O Cr d a 100 t y Vl � C•n a7 C C A � y 0 3 V y tD V E O °' E `° O V _ ¢.0 cu 3c cc yam a� a o c - cry as .. 3 O •- _ y ca d E > t� > - Z) w �• .a c .O U y W U O •g o M .0 Q i N LL ¢ G �` o -0 c ¢ O U 4+. M y •� M > c ¢ �t 3 .[ N } N O t o- � �Z DF- E E c c .c m -o 1 _ O >4. . o0 o y � c .� e0 0 E & C Q -A-Y _ f .O O O d C W J�f � U y / c E m -0 0 3 E 0 �° Jam, R O o t y ccv G d U T y O �.- cyv dI F� O a r o a c t/? o E � '- 0 E O d > U 3 _ m O U G 0 y ._ .5 y m c o W o D ::n CL o n E •0 E ►- y y � U ' y O C N C V N 0 yam,, C y _ cn U N CO C bA a o U o c a o O_ W '+O-+ O 0 0 0 d d b M V M U •c u '� .mac a `- C c 2 O U co w 4! 0 . t0 �' 0 ca :� dy > c � s 0 E U•c C O O Ln F- U o i 0 m C u N i V .0 y m C +0, C O .0 y N V O f0 O a H y �O a O E �. C •+ .�. M �Z w a 0 M o M N , 0 rn co h 10 in •f 0 w 1143083d-398VHD OISVO F- O z 15 NFS / NATIONAL SOIL SERVICES, INC. CONSULTING ENGINEERS 214-330-9211 (Office) 214-330-8953 (Telecopy) 910.861.4375 (TWX) 4087 SHILLING WAY P. O. BOX 24596 DALLAS, TEXAS 75224 May 27, 1980 PN 650 City of Wichita Falls 1301 6th Street Wichita Falls, Texas 76301 Attention: Mr. Ernest Li I lard Director of Public Works PROPOSAL FOR SUBSURFACE INVESTIGATION PROPOSED SANITARY LANDFILL WICHITA FALLS, TEXAS Gentlemen: We are pleased to submit this proposal for providing geotechnical engineering services for your proposed landfill site. It is understood that the proposed 300-acre site is located near the 600-acre site we investigated and reported on to you in January, 1980. It is understood that approximately eight to ten feet of soil will be excavated from the bottom of the fill area and used for a daily cover and a final cover for the site. The site is within an area known as the Permian Formation, This formation consists of interbedded sand, sandstone and clay. Although the Department of Health is the regulatory agency which issues the permit for municipal landfill sites, it is worthy of note that this formation is recognized by the Texas Department of Water Resources as being a suitable host for waste disposal due to its low permeability characteristics. We propose to investigate the site by drilling fifteen conveniently located borings in the area to develop soil stratigraphy and profiles. Samples obtained in the borings will be tested for plasticity characteristics and permeability. Based on the boring results, the suit- ability of the site for a landfill will be evaluated. The final report will contain the findings of the investigation, along with our conclusions and recommendations regarding site preparation and other geotechnically related design features. City of Wichita Falls May 27, 1980 Attention: Mr. Ernest Li I lard 2. PN 650 Based on the scope of work outlined above, we have prepared the attached cost estimate for providing the services. The estimated total cost is approximately $8,500, and we suggest a total budget of $9,400 be appropriated for this work. You will be notified if unforeseen subsurface conditions are encountered or there is a necessary change in the scope of work. Additional work will not be performed without first obtaining your approval of the additional costs. Any items of work not listed on the estimate will be invoiced in accordance with our Standard Schedule of Fees, I, 11, and III, dated October 2, 1978. Upon authorization to proceed, we can begin the work within one week and should complete the project within approximately five weeks. We appreciate this opportunity to be of service to you. If you have any questions or comments regarding this proposal, please do not hesitate to call. Very truly yours, NFS/NATIONAL SOIL SERVICES, INC. '4d�41 Zf- Stephen S. Foose, P. E. W P/SSF/ga Encl. cc: Mr. Bill Hindman Henningson, Durham and Richardson, Inc. COST ESTIMATE PROPOSAL FOR SUBSURFACE INVESTIGATION PROPOSED SANITARY LANDPILL WICHITA FALLS, TEXAS A. EXPLORATION Schedule I Mobilization and Demobilization 1 .1 Truck-mounted drill unit and water truck - office to site and return, per unit mile: 1 .1 .1 Equipment, per unit mile Est. 280 mi. @ $ 1 .40/mi. $ 392.00 1.1.2 Personnel, per man hour Est. 16 hrs. @ 17.50/hr. 280.00 Daily Access, Per Diem, Subsistence, Transportation, and Personnel 2.1 Daily transportation to and from the site and subsistence: 2.1 .4 Personnel subsistence, per man day (2 men) Est. 5 days @ 27.00/day. 270.00 Drilling and Sampling Vertical Boreholes 3.1 Soil sampling Shelby tube samples in cohesive soils, standard split-spoon samples in cohesionless soils: 3. 1 .1 Intermittent 3-inch diameter: 3.1.1 .1 0-50 feet at five-foot invervals, per foot Est. 450 1.f. @ 6.30/I.f. 2,835.00 Schedule III Engineering and Geological Design and Inspection; and auality Control In'spe—c-Trion and Testing Services Design and Field Inspection 1 .7 Junior Field Geologist or Geotechni cian, per hour Est. 48 hrs. @ 28.00/hr. 1,344.00 COST ESTIMATE (Contd.) PROPOSAL FOR SUBSURFACE INVESTIGATION P OPOSED SA NITARY NDFI LL WIC T F , Design and Field Inspection (Contd.) 1 .16 Subsistence while in field Est. 5 days @ $30.00/day $ 150.00 1 .17 Travel (auto or pickup): 1 .17.1 Company owned, per mile Est. 280 miles @ 0.25/mi. 70.00 Sub-total $5,341 .00 B. LABORATORY SERVICES Schedule II Soils and Base Materials 1 .1 Laboratory Tests 1 .1 .1 Liquid and Plastic Limits: 1 . 1.1 .1 Soil Est. 15 @ $24.50/ea. $ 367.50 1 . 1 .19 Permeability, Falling Head Est. 6 @ 42.50/ea. 255.00 Sub-total $ 622.50 C. ANALYSES AND REPORT Schedule III Engineering and Geological Design and Inspection; and Quality Control Inspection and Testing Services Design and Field Inspection 1 .2 Senior Project Engineer, per hour Est. 8 hrs. @ $52.50/hr. $ 420.00 1 .5 Geotechnical Engineer, per hour Est. 40 hrs. @ 36.50/hr. 1,460.00 1 .11 Senior Draftsman, per hour Est. 12 hrs. @ 20.25/hr. 243.00 1 . 14 Typing, per hour Est. 10 hrs. @ 14.00/hr. 140.00 COST ESTIMATE (Contd.) PROPOSAL FOR SUBSURFACE INVESTIGATION PROPOSED SANITARY LANDFILL WICHITA FALLS, TEXAS Design and Field Inspection (Contd.) 1 .19 Report preparation: 1 .19.1 In-house Est. 5 cpys. @ $50.00/cpy. $ 250.00 Sub-total $2,513.00 Estimated Total $8,476.50 Contingency (10%) $ 847.65 Not-to-Exceed Total $91324.15 Schedule of Fees I, II, and III October 2, 1978