Min 06/17/1980 68
Wichita Falls, Texas
Memorial Auditorium Building
June 17, 1980
Items 1 & 2
The Board of Aldermen of the City of Wichita Falls, Texas, met in regular
session on the above date in the Council Room of the Memorial Auditorium Building
at 8:30 o'clock A.M. , with the following members present.
Kenneth Hill Mayor
Marvin Traywick
John Hampton, Jr.
Carol Russell Aldermen
James B. Thomas
Horace 0. Boston
Gerald Fox City Manager
H. P. Hodge, Jr. City Attorney
Gerald Carlson Chief Accounting Officer
Wilma J. Thomas City Clerk
Curtis Smith Absent
The invocation was given by Charles Taylor, First Primitive Baptist Chu
rch.
urch.
Item 3
Moved by Alderman Thomas that minutes of the meeting held June 10, 1980,
be approved.
Motion seconded by Alderman Russell , and carried unanimously.
Items 4a - 8b
Moved by Alderman Traywick that Items 4a through 8b on the consent agenda,
be approved.
Motion seconded by Alderman Thomas.
Item 4a
ORDINANCE NO. 3681
ORDINANCE EXTENDING STATE OF DISASTER EMERGENCY FOR SEVEN DAYS.
Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Thomas, and Boston
Nays: None
Item 4b
ORDINANCE NO. 3682
AN ORDINANCE CLOSING AND ABANDONING THE ALLEY THROUGH BLOCK 122 OF
THE ORIGINAL TOWNSITE OF THE CITY OF WICHITA FALLS, TEXAS.
Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Thomas, and Boston
Nays : None
Item 5a
A proposed resolution was presented accepting an amended contract with Joe
B. Roberts for airport improvements. Article 9 (arbitration) of the contract
was removed.
i RESOLUTION NO. 2552
RESOLUTION APPROVING CONTRACT BETWEEN THE CITY OF WICHITA FALLS AND
JOE B. ROBERTS FOR ARCHITECTURAL SERVICES RELATIVE TO THE REMODELING
69
Item 5a, cont'd.
AND ADDITION TOSPASOENGER FACILITIES,
WALKWAYSAND
AT MUNICIPALHEATING/AIR
AIRPORTCONDITIONING
SYSTEM AND ENCLOSE
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 Joe B. Roberts for architectural services relative to remodeling
and additions to the restroom f1walkwaysities natrthedMunicipal of hAirpogtaTerm�naltBuildgng,
system and enclosing of passenger
is hereby approved and the City Manager is authorized to execute the same for the
City of Wichita Falls.
Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Thomas, and Boston
Nays: None
Item 5b
/RESOLUTION NO. 2553
RESOLUTION APPROVING CONTRACT WITH BIGGS AND MATHEWS, INC. FOR
ENGINEERINAPRONSICES ANDRRECONSTRUOTIONSOFUARMOTRONG WORK
DRIVEON ADDITIONAL
TAXIWAYS ,
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
That certain contract, a copy of which is attached hereto, between the City of
Wichita Falls and Biggs and Mathews, Inc. , whereby Biggs and Mathews, Inc. , will
provide certain engineering services relative to construction work on taxiways,
hangar aprons , and reconstruct�o�hefCA�ms Drive,
authorhzed1tolexecute Falls
thensameal
Airport is hereby approved, an Y Manage
for the City of Wichita Falls.
Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Thomas, and Boston
Nays: None
Item 6a
RESOLUTION NO. 2554
OUNDS
RESOLUTION AWADING RUCTIONOOFRACT BASINOANDBEMBANKMENT/b/a BOB FOR WOOD MEMORIAL PAVING
CO. , FOR CONSTNST
MEMORIALPARK.
WHEREAS, the City of Wichita Falls has advertised for bids for the construction
of basin and embankment for Wood Memorial Park; and,
WHEREAS, two bids were received, and it is found that Bob Bounds d/b/a Bob
Bounds Paving Company, who bid $17 ,550, is the lowest responsible bidder.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
Said bid of Bob Bounds, d/b/a Bob Bounds Paving Company, in the amount of
$17,550 is hereby accepted, and the City Manager is authorized to execute
for aving Company,
the
City of Wichita Falls a contract with Bob Bounds, / /
a Bob for the construction of such improvement.
Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Thomas, and Boston
Nays : None
Item 6b
RESOLUTION NO. 2555
RESOLUTION AWARDING
TO FRANK
cbRATH CONCRETE,
FOR CONSTRUCTION OF
TWO CONCREE TENNIS COURTS AT BELAIR PARK
WHEREAS, the City of Wichita Falls has advertised for bids for the construction
of two concrete tennis courts at Belair Park; and,
70
Item 6b, cont'd.
WHEREAS, three bids were received, and it is found that Frank McGrath,
d/b/a McGrath Concrete, who bid $26,591 .40, is the lowest responsible bidder.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
Said bid of Frank McGrath, d/b/a McGrath Concrete, in the amount of $26,591 .40,
is hereby accepted, and the City Manager is authorized to execute for the City
of Wichita Falls a contract with Frank McGrath, d/b/a McGrath Concrete, for the
construction of such improvement.
Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Thomas, and Boston
Nays: None
Item 7a
Authority was granted to advertise for bids for traffic signal equipment.
Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Thomas, and Boston
Nays: None
Item 7b
Authority was granted to advertise for bids for concrete flat work in various
city parks.
Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Thomas, and Boston
Nays: None
Item 7c
Authority was granted to advertise for bids for Northside waste water
treatment plant and sanitary sewer main.
Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Thomas, and Boston
Nays : None
Item 8
Minutes of the meetings of the following boards were received.
a. Aviation Advisory Board - May 20, 1980
b. Traffic Safety Council - May 7 & June 4, 1980
Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Thomas, and Boston
Nays: None
Item 9a
Debbie Jordan, Personnel Department, was honored as Employee of the Month
for June. Mayor Hill presented her with a plaque, and two tickets each to a
theatre and dinner.
Item l0a
A proposed ordinance was presented waiving setback requirements for canopy
at Vantage Point apartments.
' ORDINANCE NO. 3683
ORDINANCE GRANTING TO THE VANTAGE POINT CONDIMINIA A WAIVER OF
SECTION 7-15, SUBSECTION (1 ) OF THE CODE OF ORDINANCES TO ALLOW
A ROOF CANOPY TO THE PROPERTY LINE.
Moved by Alderman Thomas that Ordinance No. 3683 be passed.
71
Item 10a, cont'd.
Motion seconded by Alderman Hampton, and carried by the following vote.
Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Thomas, and Boston
Nays: None
VIte_ m 10b
A proposed ordinance was presented authorizing Southwestern Bell Telephone
Company to install pay phones on city right-of-way.
` ORDINANCE NO. 3684
ORDINANCE GRANTING AUTHORITY TO SOUTHWESTERNINELL TELEPHITAFALLSCOMPANY
TO PLACE PUBLIC PAY TELEPHONES ON SIDEWALKS
Moved by Alderman Thomas that Ordinance No. 3684 be passed.
Motion seconded by Alderman Boston, and carried by the following vote.
Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Thomas, and Boston
Nays: None
Item 10c
A request was made by Parents Without Partners for a waiver of the ordinance
to allow the sale of beer at 1400 Beverly rive o organization.
21 ' 1980, at a benefit
dance. No one was present to represent
Moved by Alderman Thomas that this item be passed over for more information.
Motion seconded by Alderman Traywick, and carried unanimously.
At the end of the meeting, Bill Young appeared as Vice-President of the
Wichita Falls Chapter of Parents Without Partners.at haveides at22 tbeen
He stated that the organization owns property P
in Wichita Falls for ten years. They
othatlthhsvpub adult
danceais anoneatime
activities for fund raising. He stated
thing, and they do not expect to be back before the Council requesting a waiver
of the ordinance.
jORDINANCE NO. 3685
ORDINANCE AUTHORIZING SALE OFBEER AT THE PARENTS WITHOUT PARTNERS
BENEFIT DANCE, JUNE 21 , 198
Moved by Alderman Hampton that Ordinance No. 3685 be passed.
Motion seconded by Alderman Thomas, and carried by the following vote.
Ayes: Aldermen Traywick, Hampton, Russell , Thomas, and Boston
Nays: Mayor Hill
It was pointed out to Mr. Young by
City Attorney H. P. Hodge and City Clerk
Wilma Thomas that there is also to nt for a herand make for a license. Mr. Ydangewas
instructed by Mrs. Thomas to goo
license.
Item lla
A proposed resolution was presented approving an Intergovernmental Personnel
Act grant application. The City Manager explained the reason for this request.
A recent court case instructed us to increase our recruiting efforts of Mexican-
Americans for the Fire Department.
72
Item lla, cont'd.
RESOLUTION NO. 2556
RESOLUTION APPROVING APPLICATION FOR GRANT FROM TEXAS DEPARTMENT OF
COMMUNITY AFFAIRS FOR DEVELOPMENT AND VALIDATION OF SELECTION PROCEDURES
FOR ENTRY-LEVEL FIREFIGHTERS.
WHEREAS, it is deemed advisable to develop and validate job-related
selection procedures to meet requirements of the Uniform Guidelines on Employee
Selection Procedures and promote opportunities for minorities in firefighting;
and,
WHEREAS, grant funds are available under Intergovernmental Personnel Act
for such a project; and,
WHEREAS, the total cost of such project will be $35,000.00 and the City's
share of this cost will be one-half thereof, or $17,500.00.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
The City Manager is hereby authorized to submit to the Texas Department
Of Community Affairs an application for a grant in the amount of $17,500.00
under the Intergovernmental Personnel Act for the
Purpose of a one year
to develop and validate job-related selection procedures for firrefighterproject
of such a grant application is hereby ratified and approved.
is further authorized to execute any instruments required to nager
application, and he is authorized to execute the grant agreement. grant
Moved by Alderman Hampton that Resolution No. 2556 be passed.
Motion seconded by Alderman Russell , and carried by the following vote.
Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Thomas, and Boston
Nays: None
Item 12a
Moved by Alderman Thomas that Millie Henn and Major Jim Wetzel be reappointed
to the Traffic Safety Council for two-year terms to expire on June 10, 1982.
Motion seconded by Alderman Traywick, and carried unanimously.
Item 12b
Moved by Alderman Hampton that a public hearing on hazardous structures
be set for July 1 , 1980.
Motion seconded by Alderman Traywick, and carried unanimously.
Item 12c
Mayor Hill read a letter of resignation from City Manager Gerald Fox,
effective August 1 , 1980.
Mayor Hill stated that we want Mr. Fox to go where it will be best for him,
but he frankly hates to lose him. He wished he and his family the best, statin
that he is happy to have been associated with him. g
Alderman Thomas added his endorsement to that, stating that he feels we
will be able to attract a good man to Wichita Falls because of the foundation he
has laid here.
Alderman Hampton stated that Wichita Falls is losing an excellent City
Manager and an outstanding family who has participated in everything, and he
wished him the best.
73
Item 12c, cont'd.
Alderman Russell stated that Wichita Falls has been exceedingly fortunate to
keep a man of Mr. Fox's abilities for this long, and because of his expertise
she feels we will not have any trouble attracting someone else.
J. C. Boyd added his thanks to what Mr. Fox has meant to him personally. He
cited various things which he felt
reta g such
as l s lity,
computer programming of the appraisal s temzerobasedbudgeting industrial
development, midtown improvements, and recovery from the tornado on April 10, 1979.
He wished him the best.
Alderman Traywick noted that Mr. Fox has set a benchmark for us for which we
will be able to judge his replacement.
RESOLUTION NO. 2557
RESOLUTION ACCEPTING RESIGNATION OF CITY MANAGER GERALD G. FOX.
WHEREAS, City Manager Gerald G. Fox has submitted his resignation, as he is
accepting the position of County Manager of Mecklenburg County, North Carolina,
which resignation will be effective August 1 , 1980.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
The resignation of City Manager Gerald G. Fox is hereby accepted, effective
August 1 , 1980.
Moved by Alderman Traywick that Resolution No. 2557 be passed, accepting
the resignation of Mr. Fox.
Motion seconded by Alderman Hampton, and carried by the following vote.
Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Thomas, and Boston
Nays: None
Kenneth Hays, 1708 Collins, appeared regarding deed restriction ordinances
which were passed following the t�inado.thatHthere referred
were no loophholesA�n1them.deHe
restrictions written in 1913, stating
noted that a parking lot is about to be constructed
at due to0enteringsandrexitingist's
office, which will create a traffic safety Problem
the parking lot because of the median in the street.
Mr. Hays requested that Ordinance No. 3457 be reviewed to assist the people
in that area to prevent encroachment of commfrcialom property in residential areas.
He suggested an entrance to parking
y.
City Attorney H. P. HodghesWentd out aandhlookednatcthehsituation Hays
Helremembered
is applicable here; however,
a lawsuit which was filed before
ookeStreet became
inCity
theAttorney
1950'senJThe case the bwasdfinally
of
some commercial buildings o
dismissed. He got the name of the
lawyer
notfrom
stopthe
themcbe�auseand
theedeedorestractions
to him. The answer was that they could
along Brook Street were unenforceable. Mr. Hodge stated that you have to stay on
top of deed restrictions, or you lose them.
Mr. Hodge stated that to enforce the ordinance,
Hodge) wouldshabelto1spend the
muchking
lot would have to hire a lawyer, and that he
time on a lawsuit which he does not
think
would
than h�vesanoWancHe°concluded that
winning. He
feels he would make Mr. Hays situation worse
to take no action was the best.
it was
ed in
Mr. Hodge stated that he d decision ot lwas made eve the bbyl the gCity mAttorney'suoffice
violation of the ordinance. The
Thomas stated that the Council
that the filing of a suit was untenab
acted on the basis that all deed re
74
Item 12c, cont'd.
Ernest Lillard, Director of Public Works, stated that no permit has been
issued except a house moving permit and a curb-cut permit. There is no requirement
for a building permit for a parking lot. The only permit he is required to have
is a curb-cut permit. Alderman Traywick noted that parking lots do not have to
necessarily be used for commercial purposes.
Alderman Hampton stated that we are not questioning Mr. Hodge's decision
to not bring a lawsuit, but what we are talking about is not having a copy of
the deed restrictions to get this curb-cut or a building permit.
Alderman Traywick stated that the ordinance was to place the responsibility
on the person requesting the permit or making the change. The judgment would
then be rendered. He stated that people should be advised that they will be
required to furnish deed restrictions before they change the use of the property,
and let them know that they will be questioned before they spend any money.
City Attorney H. P. Hodge asked for the Council 's guidance. Alderman Thomas
stated that his guidance is that the ordinance says they have to submit deed
restrictions, and he goes on the basis that the restrictions are good, and they
do not issue the permit in violation of deed restrictions. Curb-cuts were
apparently an oversight.
Alderman Russell requested Mr. Hodge to prepare an amendment to this
ordinance shortly.
Alderman Russell again inquired concerning plantings around the Activities
Center. Bill Hursh stated that none had been done.
Mayor Hill announced that the Council and Mr. Fox will go into executive
session, following the Council meeting, to discuss personnel .
The Board of Aldermen adjourned at 10:10 A.M.
PASSED AND APPROVED this _4-7/t day of ter_-c>
1980.
MAYOR
ATTEST:
CITY CLERK
GL �f G k",
I i IL AMEIZK.AN {N51 1 l i (: +:)f , _ I-II 1 R.IS
AIA !Om urIwItt 131.11
Standard Form of Agreement Between
Owner and Architect
'1977 EDITION
T/11S fl0C0 ,11I NI I IAS IN In)f:I ANF I f C,AI, ( ()NW QIII N( I S; ("�(�^JSIII TA71nN WITH
AN ATi ORNI1' IS I NC(WKACI I1 11 I I I I f:I tiI,,( I 1 O I(5 ( (),VI'f f 1!r)PJ OR �VOPIVICATION
AGREEMENT
made as of the Tenth
dayof June in the year of Nineteen
Hundred and Eirl- tyo
BETWEEN the Owner: 7'lle Ca I;
1 -�O1
and the Architect: JT )(' P, A. I.A.
1 201 Av-.
V1Lclli_(,�1
For the following Pl_Oject :
(Include det.liled description of('inject In
Remove terminal building exiting heating and air-conditioning s,ysiem; acts] new
roof mounted packaged heating and air-conditionint; unit,,; remodel existing
public rest rooms; remodel portion,, of existing mechanical room and adjacert
passage into new public rest rooms; an(] inclose both ��allcway Covers, leadirll;
from building to Airplane Parking Apron, with glass-(-jluminum or glass-steak}
partitions and doors.
The Owner and the Architect set forth hek)A'.
(-nhynl•,LI I'll VQ6. 0VI, IT.I, 1':.(. 1'Pdt I'l(,l, 1`I�•' I'�('� I'll,'. I'i ll 1'I"d " 1'I-' by Ili Amrr,�dn Im.iilul��
Now hilt Mrnu�•. N A1'uf Art hil�rlc. of i1- AIA cu,LUr� Ihr �l�gnl;hl L�wti r�l Ihr Unitril
�nhcl,lnllal rpinl.�linn n( II'. (ir�,rl�i"in �rilL�nil
SIaU� an'l w•jI Lp cuhjr�t in Irr,.il tn.. .....
I�
AIA D0(-I1.MFNT B141 • (1VVNI I? AIZ(Milt I A(A'Flr`tl'll • 11111:11 I':III Il�lllr� 1I'I - ;1 A11" I'1-- ���-•
1HF. ANURI(AN INS1H(III CIF AR(11111 ClS, I;4S NI AV 1(WK AA'I"-I.I, '�vV, W1, I)t ;nnn6
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TERMS AND CONDITIONS OF AGREEMENT 131-TWEEN OWNER AND ARCHITECT
ARTICLE 1 means to previous Statements of Probable Construction
(-opt inclicaled by changes in requirements or general
ARCHITECT'S SERVICES AND RESPONSIBILITIES market conditions.
BASIC SERVICES 1.3.4 The Architect shall assist the Owner in connection
he five will, Ili(, Owner's responsibility for filing documents re-
The Architect's Basic Services consist of tile
described in Paragraphs 1.1 through ile and gulled for the approval of governmental authorities hav-
ing; jurisdi(lion over the Project.
include normal structural, mechanical and electrical
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 Docurents and of the latest Statement
1.1.1 The Architect shall review the program furnished of Probable Conslni(tion Cost, shall assist the Owner in
by the Owner to ascertain the requirements of the Project ol)tainrng bids or negotiated proposals, and assist in
and shall review the understanding of such requirements
lwardin1, 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
lion of the program and the Project budget requirements, 1 S 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 ohlit',Alion to provide Basic Services under
1.1.3 The Architect shall review with Ihe.Owe m
nr altea- this A+,reernenl, will terminate when final payment to the
tive approaches to design and construction of the Project Conir,,clor 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 Suh aanlial Completion of the Work, whichever occurs
for approval by the Owner, Schematic Design Do(umenls fin.t or,S AA57
consisting of drawings and other documents illustratinf; 1.5.2 Unless r henvlse provided in this Agreement and
the scale and relationship of Project components. incorporated 1 the Contract Documents, the Architect
1.1.5 The Architect shall submit to the Owner a Slate- dull provide ,idministralion of the Contract for Construc-
ment of Probable Construction Cost based on current tlon as set lrlh 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 [)()(it- Owner (luring the ConsUuction Phase, and shall advise
ments and any adjustments authorized by the Owner in lnd e(1n;ult with the (honer. Instructions to the Contrac-
the program or Project budget, the Architect shall pre- for shall be forwarded through life Architect. The Archi-
pare, for approval by the Owner, Design Development lee t .hall hive ,,nthorlty to act on behalf of the Owner
Documents consisting of drawings and other documents only to the extent proided in the Contract Documents
to fix and describe the size and character of the entire
unless othenvl�e nw(lihed by written instrument in ac-
Project as to architectural,structural,mechanical and el(•(- (orlon((, evith sul,l,arac;rahh �.5.iG.
trical systems, materials and such other elements as may 1 4 Ti,e At(hile(t shall visit the site at intervals ap
be appropriate. propriate to the slag(, of construction or as otherwise
1.2.2 The Architect shall submit to the Owner a further agreed by the Ar(hllect in writing to become generally
Statement of Probable Construction Cost. familiar with the progress and duality 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- lest s11,111 not he mrlun"ed to make exhaustive or con-
uments and any further adjustments in the scope or gtnl- linuous on te inspec Dons to check the quality or quan-
ity of the Project or in the Project budget authorized by lily of the Work. On the basis of such on-site observa-
the Owner, the Architect shall prepare, for approval by lions as an architect, the Architect shall keep the Owner
the Owner, Construction Documents consisting of Draw- informed of the proftress and quality of the Work, and
ings and Specifications selling forth in detail the require- shall endeavor to guard the Owner against defects and
menns 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 shill not have control or charge of
lion of the necessary bidding information, bidding forms, and shall not he mslx,nsible 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 pre(autions and programs in connection with the
1.3.3 The Architect shall advise the Owner of any adjust- Work, for the acts or onlissions of the Contractor, Suh-
AIA DOCUMENT 8141 - OWNrR-ARCHITE( I AGRI I MI N 1 . II11R11 IN H I I UII ION - itItl' 1977 • AIA'H' - -,,1117%
THE AMERICAN IN5nTUTE or ARCIIIitCTS, 1,L', N11!' )()RK AVI NIII, r4%V, wAYIIN(,IUN, n(.
1111106 6141-197i 3
contractors or any other persons performing any of the necessary or advlsahle for the Implementation of the intent
Work, or for the failure of any of them to carry out the of the( onfrar 1 1)0c unfents,the Architect will have author-
Work in accordance with the Contract Documents. ity Io require special inspection or testing of the Work in
1.5.6 The Architect shall at all time, have access to the accordance with the provisions of the Contract Docu-
Work wherever it is in preparation or progress. menu, whether or not such Work be then fabricated, in-
1.5.7 The Architect shall determine the amounts owing stalled of 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 Applicalions for Payment, oilier appropriate action upon the Contractor's submittals
and shall issue Certificates for Payment in such amounts, sltcll as Shol( I)rfwnlgs, Product Data and Samples, but
as provided in the Contract Documents. only for conformance with the design concept of the
Work and with the infonration 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,
based on the Architect's observations at the site'as ro- promptness so as to cause no delay. The Architect's ap-
p 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 Ihc, item is a component.
the Contractor's Application for Payment, that the Work
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 clual- the Owner's approval and execution in accordance with
ity of the Work is in accordance with the Contract Docu- fire 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- Whirl1 are not inconsistent with the intent of the Contract
quired by or performed under the Contract Documents, Do(uments.
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 Inquired by the Contract Documents and assembled by
not be a representation that the Architect has made any the Contractor, and shill issue a final Certificate for Pay-
examination to ascertain how and for what purpose the anent.
Contractor has used the moneys paid on account of the 1.5.1(,
Contract Sum. The extent of the duties, responsibilities and lim-
talions of authority of the Architect as the Owner's rep-
1.5.9 The Architect shall be the interpreter of the re- twentalive during constru( tion shall not be modified or
quirements of the Contract Documents and the judge of exlended wilhout written consent of the Owner, the Con-
the performance thereunder by both the Owner and Iractor and the Architect_
Contractor. The Architect shall render interpretations nec
essary for the proper execution or progress of the Work 1.6 PROTECT REPRFSCNTATION 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 wrilten cle- lensive represenlation at the site than is described in
visions, within a reasonable time, on all claims, disputes ",'"graph 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 he selected, em-
1.5.10 Interpretations and decisions of the Archilect shall ployed and directed by the Architect, and the Architect
be consistent with the intent of and reasonably inferable shall be cornpensale(f therefor as mutually agreed be-
from the Contract Documents and shall be in written or Iween the Owner and life Architect as set forth in an ex-
graphic form. In the Capacity of interpreter and judge, hlhit appended to Ibis Agreement, which shall describe
the Architect shall endeavor to secure faithful perform- Iltn clrftwc , responsibilities and limitations of authority of
ance by both the Owner and the Contractor, shall not such Projec t Representatives.
show partiality to either, and shall not he liable for the 1.6.3 Throuhh the observations by such Project Repre-
resu►t of any interpretation or decision rendered in goad senfatives, 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 lions 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-
ment and in the Contract Documents. Services unless so identified in Article 15. They shall
1.5.12 The Architect shall have authorityto reject Work he provided if authorized or confirmed in writing by
re I the Owner, and they shall be paid for by the Owner
which does not conform to the Contract Documents. as provided in this Agreement, in addition to the
Whenever, in the Architect's reasonable opinion, it is compensation for Basic Services.
4 6141-1977 AIA DOCUMENT B141 • O\VNI R ARCI III FC.1 M,I'll MI N I• 11IIN If I NTH IDII ION • JUry 1977 • AIA" • n 1977
TFIF ANTI RICAN INtiTI rUTF Or ARCI II I[M, 1,}5 NI W Y(Wk AVI NUr, N W., WASI IINGTON, 0 C. 20006
1.7.1 Providing analyses of the Owner's needs, and pro- ,tru(lion, and furiwhing services as may be required it
gramming the requirements of the Project. connection wilh ti(, replacement of such Work.
1.7.2 Providing financial feasibility or other special 1,7.16 Providing services made necessary by the defa� I
studies. of the ('nntr,)clor, or by major defects or deficiencies
the Work of the Contractor, or by failure of performants
1.7.3 Providing planning surveys, site evaluations, envi- of eilher the Otvnr or Contractor under the Contract fO-
ronmental studies or comparative studies of prospective Con"IIm Lion,
sites, and preparing special surveys, studies and suhmis-
sions required for approvals of governmental authorities 1.7• —f4gajrinl; a sct of reproducible rec Xh-�r^ ,r ,'
or others having jurisdiction over the Project. si)o�ti'ing siJ,ni(iiT�kt. >e�� s_irytkTe-VC�i�r made dt r
cow,trUclion based cafe rtTirk(�(Tu is drawings an(i
1.7.4 Providing services relative to future facilities, sys I other ft]rnitihed b flee Contractoorrto tf e 1t t y r< itt�
tems and equipment which are not intended to he con- --- F
structed during the Construction Phase. 8 Providing extensive assistance in the utilizat--17-.
any C(I NIUnt or system such as initial start-uc}r der 11
1.7.5 Providing services to investigate existing conditions adjusting ing, preparation gt.--615eration �,••j
or facilities or to make measured drawings thereof, or to maintenance nwlI6l, *, training , _ nnel for opes ittu:I
verify the accuracy of drawings or other information fur- ,,nd m,inlen,)nce, and coZ. on during operatico
Wished by the Owner. 1.7.19 Providinr sLl�(�s after iss ce to the 01,vr,}
1,.7.6 Preparing docc`mk;nts of alternate, separate or the final ( er�iftc5f for Payment, or ir)-thp.,absenc(r o
sequential bids or providing extra services in connection fin I(al C ate for �s Paynoctil, more than sixty 1 j
with bidding, negotiation or construction prior to the t ate of Suboanllal Completion of the Work, `
completion of the Construction Documents Phase, whenf 7 20 Preparing to Serve or serving as an expert witness j
requested by the Owner. in Connection with anY public hearing, arbitration
prc,-
1.7.7 Providing coordination of Work performed by seeding or legal pro(ceding.
separate contractors or by the Owner's own forces. 1.7.21 I'rovidmin services of consultants for other than,
1.7.8 Providing services in connection with the work of the normal archile(tur,rl, ,truclural, mechanical and (4f
a construction manager or separate consultants retained tri(A engineering services for the Project.
by the Owner. 1.7.22 Providint; any other services not otherwisc i;,-
1.7.9 Providing Detailed Estimates of Construction Cost, (laded in this Agreement or not customarily fUrnished 61
analyses of owning and operating costs, or detailed quail_ ,)ccordam e with generdlly accepted architectural prarti,e.
tity surveys or inventories of material, equipment and 1.8 r1mr
labor.
1.8.1 The Architect shall perform Rasic and Addi!i( r
1.7. ftavi�ing interior desif;n and otherm+4,�r ��( r Srrvires as expeditiously as is rnnsisient with profess )na
vices required fo�'dr-iza.•s nn ICTfi the sele(lion, skill and care and the orderly progress of the Work, Upc,�,
rocurement or ' n�Hr-P_.•furnishings and re( nest of
P � { the Owner, file Architect shall submit for th��
eel pment. Owner's approval, a <(hedule for the performance of thaw
1.7.11 Architcc is services �%Im It shall he adjusted as required)
cpacwg the Proje(t pro(ccd�..ind shall Include allowances fo;pe�•i
ods of time required for the Owner's review and approv,71
1.7.12 Making revisions in Drawings, Specifications or Ofulhn)issions and for approvals of authorities h�wil��s=;
other documents when such revisions are inconsistent
lurisdiclion over the Project This s(11MUle,when approv:,`
with written approvals or instructions previously given, hV the Owner, shall not, except for reasonable CaUSC; Inc,
are required by the enactment or revision of codes, laws exceeded by tyre Architect.
or regulations subsequent to the preparation of such doc
uments or are due to other causes not solely within the
control of the Architect. ARTICLE 2
1.7.13 Preparing Drawings, Specifications and supporting THE OWNER'S RESPONSIBILITIES
data and providing other services in connection with
Change Orders to the extent that the adjustment in the 2.1 f he Owner shall provide full information regardi,„_
Sasie Compensation resulting from the adjusted Con- requirements for the Project including a program, %vl tog
struetion Cost is not commensurate with the services re.- dhall set forth the ()vv,ner's design objectives, constraints
quired of the Architect, provided such Change Orders are 1111d cnteria, ins hiding space requirements and relaGon-
required by causes not solely within the control of the J)Ips, flexibility and exh,iniahility, special equipment and
Architect.
systems and site requirernents.
1.7.14 Making investigations, surveys, valuations, inven 2.2 If the Owner provides a budget for the Proic'Ct it
hall include rontirtgencies for bidding, changes in the
s
toile* or detailed appraisals of existing facilities, and serv-ices required in connection with construction performed �'1,ork Burin}; construction, and other costs whit!, .arc' (ilc
responsibility of the Owner, including those dest_ribc,� i,
by the Owner. this Article 2 and in Subparagraph 3.1.2, The Owner
1,7,15 Providing consultation concerning replacement of at the request of the Architect, provide a statements o
any Work damaged by fire or other cause during con- funds available for the Project, and their sor.,rce.
AIA DOCUMENT 0141 • OWN[R-ARCHIT[(T AGREEMFNT• 1111RIIINIII EDITION • JUI_Y 1977 • AIA'� • O 1'),7
"II1E AMLRICAN INSTITUTE OF ARC[II(ECTS, 1735 NEW YORK AVrNUE, N W., wA'JIINGrON, I)('
2.3 The Owner shall designate, when necessary, a rep- �Igned, specified, '-IC(test or specially provided for b,,
resentative authorized to act in the Owner's behalf with the Architect
respect to the Project. The Owner or such authorized
representative shall examine the documents suhmitted by 3-1.3 Construction Cost does not include the compel:
the Architect and shall render decisions pertaining thereto t 1tu,n (if the Architect and the Architect's consultants
promptly, to avoid unreasonable delay in the progress of the 1 u 4 of the land, rights-of-way, or other casts wilt~ !�
the Architect's services, are the responsibility of the Owner as provided in Arti
_The Owner shall furnish a legal description a cJt'z.
certifie nd survey of the site, giving, as icable, 3.2 RFSPONSIBILITY FOR CONSTRUCTION COST
grades and I of streets, alleys, paven s and adjoin 3.2.1 fvaluatitlns of the Owner's Project budget, State adjoin-
ing property; rig 1 f-way, restri is, easements, en- menis of Probable (construction Cost and Detaifeli
croachments, zoning, Fictions, boundaries and ktiniates of Construction Cost, if any, prepared by they contours of the site to on,, mensions and complete Architect, represent the Architect's best judgment as a
data pertaining to sting building , ther improvements t-ft,sr ,n
and trees; a ullmformation concernin vailable serv- I Professional familiar with the construction lndlls
ice a flit lines both fry. It is recognized, however, that neither the Architetr
y public and private, ve and nor the Owner has control over the cost of labor, mate-
~ grade, including inverts and depths. Flak rn e(v6pnlent, over the Contractor's methods of de-
2.5 The Owner shall furnish the services of soil engi- telmining bid prices, or over competitive bidding,
neers or other consultants when such services are deemed or negotiating condition,;, Accordingly, the
necessary by the Architect. Such services shall include test cannot mid d(les not warrant or represent that bids er
borings, test pits, soil hearing values, percolation tests, air negotimed prices will not vary from the Project budget
and water pollution tests, ground corrosion and resistivity proposed, (,tabli<1wd or approved by the Owner, if any,
tests, including necessary operations for determining sub- or frt,rn any Statement of Probable Construction Cost or
soil, air and water conditions, with reports and appropri- other coal e.nmm(, 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 estate
chemical and other laboratory tests, inspections and re- fished :Is a condition of this Agreement by the furnishing,
ports as required by law or the Contract Documents. Proposal - c",1.I1dithn,enl of a Project budget Under Sub-
2.7 The Owner shall furnish all legal, accounting and in- paragraph i.l..1 or I'.uagraph 2.2 or otherwise, unless such
surance counseling services as may be necessary at any fixed limll ha, been awwed upon in writing and signed by
time for the Project, including such auditing services as the parties hr�rt�lr>. If such a fixed limit has been estab-
the Owner may require to verify the Contractor's Applied- h�hed, the Ail filler f :hall be permitted to include con
tions for Payment or to ascertain how or for what pur_ 11"gem ic' ittl de.it'n, hiddm,,, ,ind price escalation, to de-
aid by or on be it''rprnr what nlaterialS, e(tflipment, component system,
poses the Contractor uses the moneys p
half of the Owner. and types of construction are to be included in the Cw
tract I)o(umt_rnts, to make reasonable adjustments in the
2.8 The services, information, surveys and reports re- cope of the Prn)ect and 10 in(ILlde in the Contract Docu-
quired by Paragraphs 2.4 through 2.7 inclusive shall be menu alteln,rte bids to adjust the Construction Cost to the
furnished at the Owner's expense, and the Architect shall flxecl limit Any such fixed limit shall he 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 corn-
of any fault or defect in the Project or nonconformance i-fenced within three month: after the Architect submits
with the Contract Documents, prompt written notice the Construction Documents to the Owner, any Projec t
thereof shall be given by the Owner to the Architect. budget or fixed limit of Construction Cost shall he ad-
2.10 The Owner shall furnish required information and 1-4-1 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 tix-
ceeded by the lowest bona fide bid or negotiated pro-
COfVSIRIlCTION COST Posal, the Owner shall (1) give written approval of an
3.1 DEFINITION increase in such fixed limit, (2) authorize rebidding or re-
negotiating of the Project within a reasonable time, (3) if
3.1.1 The Construction Cost shall be the total cost or the Project is abandoned, terminate in accordance with
estimated cost to the Owner of all elements of the Project Paragraph 10.2, or (4) cooperate in revising the Project
designed or specified by the Architect, scope and quality as required to reduce the Construction
3.1.2 The Construction Cost shall include at current Cost. In the case of (,I), provided a fixed limit of Construr-
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 by the the Owner and any equipment which has been de- ify the Drawings and Specifications as necessary to comp!,,
AIA DOCUMENT B141 • OWNER ARCHITFCT ACRFl f.11.NT• IIIIR1f I NTII EDITION + IULY 1977 AIAV . rl 11 Y9.7
6 8141-1977 TIIF AMER!CAN INSTITUTE OF ARCHIIL.CIS, 173-, Nf IV lY)RR A\TNUF, NW,, WASHINGTON, D(.
with the fixed limit. The providing of sue_h service shall he �+ r�Ttr�rdc~l +hrcm glI no I IUlt of the Architect .n a
the limit of the Architect's responsibility arising from the ti'm Im Any t,e S� n�ccs t(,quire-d--+m such extended
establishment of such fixed limit, and having done so, the period of Adnunistrati'rj%rrf 14 Construction Contract
Architect shall be entitled to compensation for all services sh,01 be crrn,twtr-ctis set forth aig ,in Par 1 4 for Addi-
performed, in accordance with this Agreement, whether tic crvices
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 nut constructed, compensation fcr
such portions of the Project shall be payable to the exteol
DIRECT PERSONNEL EXPENSE services are Imrfonned on such portions, in accordance
4.1 Direct Personnel Expense is defined as the direct sal- with the schedule set forth rn Suf>paragraph 14.2.2, based
aries of all the Architect's personnel engaged on the Proj- on (1) the: lowe,t bona fide hid 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 regent
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. ADDITIONAt SERVICFS
6.2.1 Payments on account of the Architect's Additional
ARTICLE 5 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-
tect's employees and consultants in the interest of the 6.3.1 No deductinlls sh,Tll he nclde from the Architect's
Project for the expenses listed in the following Suh- compensation on aceol-mt of penalty, liquidated damages
paragraphs: cr other sums withheld from payments to contractors, or
5.1.1 Expense of transportation in connection with the on account of the cn;t of chanf� s in the Work ether than
Project; living expenses in connection with out-of-town those for which the Alchltcc-1 is held legally liable.
travel; long distance communications, and fees paid for 6.4 PROJECT WYltNSION OR TERMINATION
securing approval of authorities having jurisdiction over 6 4.1 If the Projz,ci i or :abandoned in whole:
the Project. _- nr in part fur imm, than thice rnonths, the Architect shall
5. . 'f�etl�e,rof reproductions, postage�.WM Ins of he (Ornpons,oeii for all wf�,it r ; pf.rfcarmed prior fo receipt
Drawings, SpecificZ ents, exchldint; of Written noti<e from tilt, ()f Such suspension or
reproductions Ice use rchitect and the abandonment, together With RrtnibursAyle Expenses then
s consultants. due and all Termination Ixpvnses as defined in Paragraph
5.1.3 Expense of data processing and photographic pro- 10 4. if the Project is restnned after being suspended for
duction techniques when used in connection with Addi- more than three months, the Architect's compensation
tional Services. shall he 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.
7.1 Records of Reimbursable Expenses and expenses per-
5.1.6 Expense of any additional insurance coverage or taining to Additional Services and services performed on
limits, including professional liability insurance, requested the basis of a multiple of Direct Personnel Expense shall
by the Owner in excess of Ihat normally carried by the be kept on the basis of generally accepted accounting
Architect and the Architect's consultants, principles ar,d shall be availahle to the Owner or the
owner's -itithori7ed ropoesentative m mutually convenient
ARTICLE 6 times.
PAYMENTS TO THE ARCHITECT ARTICLE 8
6.1 PAYMENTS ON ACCOU;INT OF BASIC SERVICES OWNERSHIP AND USE OF DOCUMENTS
6A.1 An initial payment its scat forth in Paragraph 14.1 is
the minimum payment Under th"s Agreerrlem, 8.1 E)rawirlgs and Specitications as IJlstttTments of serv-
ice are and shall remain the property of the Architect
6.1.2 Subsequent payments for Basic Serviccs shall he whether the Project for wlur h they are made is executed
made monthly and shall be in proputtion to services per- or not. The Owner shall he rw n;[led to retain copies, in-
formed within each Phase of services, on the basis set eluding reproduciWe copic2 o. E)r,wings and Spe cific.a-
forth in Article 14. tions for information and reference in connection with the
6.1.3 Owner's use and occupancy of the Project. The Drawings
and Specifications shall not be used by the Owner rtn
AIA DOCUMENT B141 • OWNER ARCHITECT A(,REFMFNr o THIRTrrNIH EDITION • JUI-Y 1077 • AIAO ~71° 7
THE AMERICAN IN511TUTE OF A I_HkfC!S, 1735 N11,v YOIRK AVtNUE, N.W., WAstIiNGTON, D C 20g16 8141-1977 7
other projects, for additions to this Project, or for comple- 10.4 iernonalicin Expenses include expenses directly ..r
Hun of this Project by others provided the Architect is not tnbutable to termination for which the Architect A not
in default under this Agwenlent, except by agreement in otherwise compensated, plus an amount computed as a
writing and with appropriate coinpen�,ation to the Arch- percentage of the total Basic and Additional Compensa
tect. tion earned to the tirne of terminaiiorl, as follows:
8.2 Submission or distr+fiction to meet official regulatory .11 20 percent if termination occurs during the Scfri-
requirements or for other purposes in connection with the mAnc, Deygri I'lrase; or
Project is not to be construed as publi__ hon in derogation .2 10 percent if wrnnin,tion occurs during the Design,
of the Architect's rights. i is el t;;nr.nt Ph,!se; or
.3 5 i;er'ent it ter"it;7:?t'Urr .x.curs during any subse
ARTICLE q quent phase.
Af B11RAT ION AID TI{_t E 1"I
%I AN claims, dispi t( a,-d (other matters in question MISCELL.ANhtJUS PROVISIONS
the parties tc t is Agreement, arising Out of or
relating to this Agreiso i or the breach thereof, shall he 11.1 Unless othemku specified, this Agreement shall Lrr=
r ov mu 1 b the Iaw cif il-ie rincipal place of busin=_,s or
decided by arbitration in �, roidanrc vtiit�i We Construe- p
tion lndustni Arhib ,9 A_; of _ �;;,, roan A rbitra he Architect,
lion Association there : , -Hmg unless the parties mute- I L2 I mon ai to Apeemant s hnH have Oct wine mean-
ally agree_ otherwise r-1 oiisiiqg out of or re- ing as those in .1K thm l .,wnt A_'_iF1, (;moral Conditiofis
lating to this Agreerrlei si;all include, by consolidation, of the Contract for Cunsti,lcuon, current as of the data-
joinder or in any other ni rimer, any additional persur, not of this Agreement,
a party to this Agieuna 1m VM 19 by written (onsrnt c mr 11.3 As het,• ivif the t art:(•>. ) Ons Agreement: as to all
taining a specific retr .0 c; to lhi A.,iec•rrwnt ,in(] ,igned at is Or ta�irirc:s !�.� -r t by eitl:c�r polity to this Agreement,
by the Architect, the (1wnc�t, and any (.ether person �.i:uf;l,i ,rr,y applicable s,Cat I Of lirxiit apart shall t commence to
to be joined, Any rettr : tri te, arliih ii r,r; involving .ur ad run and my a !i ,;c�r , t�,�ll be deemed m
k' i u�,e of a(_uon s.,
ditAnal person or pci e ns shall not i,-msutrile consent to have accrued in a,iy and all everin not Iner than the rele-
arbitration of any dispnii� r it d€3 i ;heel therein err ,vith
van, Date' of SiAlwo ,i,al Com;,� aon of the Work, and as
any person not named in <ie cribcu Oman, this �1t�,ice�- w any arts r:r faiiure�. tt} act uccurrirlg after the relevant
ment to arbitrate and any agnernent to nhilfate with in to a of t Is or fd ii Cri,ro act n, slit rater than the date of
additional person car lwoons duly oanewed to by the issuan f i1t tt��e lea � r �; ;;,otc for t'aynlent.
parties to this Agreement nt till be spti itically enfon,hle
under the prevailing iIA t 1- M"wr ;-W dw Architect waive all rsgl,
against mach ( 01 aced r ml the contractors, consult-
%2 Notice of the dam No dihitranon shill be hNil ;.r;
x0s, agents and e n;p;oycc c.{ Qn, other for damages eOd-
writing with the otfle r io this Agr(nrnent and with e ;_,l by any property insui, 'XV ._,,:ring construction as set
the American Arbitonto i ic.iaGr n_ I he demand shall I;arh in die edition of AIFA InKunwnt A201, General Con.,
be made within a reaYmAQ Knie after We claim, dispute ditivris, current as of the date of this Agreement, The
or other matter in que,tior1 has arisen. In no event shall 0vvr;c,i and the Architect each shall require approp w.�
the demand for arbivation be made alter the date vvhen sulular waivers from their contractors, consultants and
institution of legal or equitable proceeding, hayed on agents.
such claim, dispute or oth?r matter in nuestunt would be
barred by the applicable st tute of Iimit:itions. ARTICIF 12
%3 The award rendn-Al by die "Inhators shall be final,
and judgment may be critc ico' upon it in accordance with SUCCESSORS AND ASSIGNS
applicable law in any court laving jurisdiction thereof. 12.1 The Owner and the Architect, respectively, bind
themselves, their partners, successors, assigns and legal
represent ti'vcs to the other party to this Agreement and
gt °t` IE_j.('. N, ;h, pertr;e s, successors, assir;ns and !c.,gal reple:scrita
TERMINATION OF AGRLEN1ENT twK to qW 5 either party 'Kith :t spcect to alf f
to A:', e fri 'g it. t0cyoer rt r' Damn r nor be A Ci aint S. �t
10.1 This Agreem,.r,i n.;y i ternnirwowl by egOwr party as,n{u �s rlrlet or tnlil,ter any iwuiest in this A (eeint,..t
upon seven days' � i eitu_e sr fe,'ci we other p,irty� withtiiit t t!rr c of ter, .�tl�er'. b
fail substariti,ik(- io ; i -r3; if, ac<e,rrl.�.nce vtvih its terms
through no fault of 6, ifart - ;nIvanarg 11w term mmion-
>R4Ie`IE 13
10.2 This f\gn n,;e r° 11Q , we ierm"wYd by the Own, ;
upon at least seen Op mown now" to the Architee t EXTENT ri ii` AGAa HNIENT
in the event that the Kjo ; 4 , c�_,, w ntlb abandoned.
Ill 1 ft;is Agree me nt itpi+ gents the entire and nitegno;!
10.3 In the event W -ripQwr of r o do— t}i It of the Ar l ;:'enwflt tJet�, t . �whm and the Arz s e t "� f itec rir
chiteet, the Arct} un 1 6a all seiVl<_t'S mjwry d aN per >> hcgiii„taw; iepre=sentations or agrt
performed to tn,,if, .1nti h�'I r1lbUrs-
lments, elltn::r W7;ttr,'iu tic Ll:d: tRVdS Agirtcment tYiay e.1'
able Expenses their i .1,40 lit ii'r7Tiin�±ilt,:i fxl�en�t's ,iS amended only h_ , wrl 'en Ire-eriFm£:nt signed hy bco!
defined in f'a,.r�;ral�li Owner a+,d Arciritt�i_t.
a ! .�1 NTBW1 (1%VhrR-AR(li If<; A(,hfI is�:r f ' � =.'r >v IlI -�,.Y1977 • 1
$ 814? r 7 ,.,AW ir.,.
KUtl. OF AK+ i..lit - elf, J14"d :`.ill
ARTICLE 14
BASIS OF COMPENSATION
The Owner shall compensate the Architect for the Scope of Services provided, in accordance with Article 6, Payments
to the Architect, and the other Terms and Conditions of this Agreement,as follows:
14.1 AN INITIAL PAYMENT of none dollars ($ 0.00
shall be made upon execution of this Agreement and credited to the Owner's account as follows:
14.2 BASIC COMPENSATION
14.2.1 FOR BASIC SERVICES, as described in Paragraphs 1.1 through 1.5, and any other services included in Article 15
as part of Basic Services, Basic Compensation shall be computed as follows:
(Here insert basis of compensation, including fixed amounts, multiples or prrrrntagrs.and identify Phases to whirh particular methods of compensa-
lion apply, it necessary.)
Lump sum amount of Twelve Thousand and right Hundred
Dollars ($ 12,800.00 ,)
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 (1 5 %)
Design Development Phase: percent(20 %)
Construction Documents Phase: percent (40 %)
Bidding or Negotiation Phase: percent( 5 %)
Construction Phase: percent (20 %)
Total — — — 100rs
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 • THIREEENIII EDITION • IULY 1977 • AIA'!D 1977 9141-1977 9
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W., WASHINGTON, D.C. 200%
14.4 COMPENSATION FOR ADDITIONAL SERVICES
14.4.1 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Parat,,r,iph 1.7, and any other services in
eluded 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 1)1rect Personnel Fxpen,v fr,r Prinfip.rts and employees, and identify Prinrrp_
and classify employees, if required Identify specific services to which particular nethods of rornp, steno airl*ly, it necessary)
Principal of Architectural firm $30.00 pr hr
20 yr experienced draftsman 20.00 pr hr
Mech. & Elect,, Consult. Pngr. cost
14.4.2 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional strrrr stir. l, 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 t —0— I times the amounts billed
to the Architect for such services.
(Identify specific types of consultants in Article 15, it rr(urrerf 1
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 —0— ( —0— ) times the amounts ex-
pended by the Architect, the Architect's employees and consultants in the interest of the Project.
ko
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 I
(Usury laws and requirements under the Federal Truth in Lending Act, similar state and meal consumer rrrdrt laws and other regulations a( tb,,
Owner's and Archite(t's principal places of business, the lwafiors of the proiecf u)d clwwhere may iflert 'he validity of his provision 5 ecilic
m
advice should be obtained with respect to deletion, orhhsation, or n'her requirements surh l
as written disrinsurrs or Irg
waivers)
14.7 The Owner and the Architect agree in accordance with the Terms and Conditions of this Agreement that:
14.7.1 IF THE SCOPE of the Project or of the Architect's Services is changed materially, the amounts of compensation
shall be equitably adjusted.
14.7.2 IF THE SERVICES covered by this Agreement have not been completed within
( ) months of the date hereof, through no fault of the Architect, the amounts of compensation, rates and
multiples set forth herein shall be equitably adjusted.
10 B141-1977 AIA DOCUMENT 8141 • OWNER ARCIIITFCT A(;RFFMENI • itIIR11 ENIII EDITION • JUI.y 1977 • AIA�V• Cc)1977
THE AMERICAN INWITUTF OF ARCTIIIECTS, 173S NEW PORK AVENUE, N.W., WASHINGTON, D.C. 2of)ar,
ARTICLE 15
OTHER CONDITIONS OR SERVICES
The City of Wichita Falls, Federal. Aviation
Administration, Comptroller General of the
United States or any of their duly author—
ized representatives shall have access to
any booksy documents, papers and records of
the Architect which are directly pertinent
to this project for the purpose of making
accurate examination, excerpts and trans—
cription.
As built drawings shall be furnished to the City of
Wichita Falls as past of the basic services.
AIA DOCUMENT 0141 • OWNFR-ARCHITECT AGREEMENT• TIIIRTFFNTII EDITInN • JULY 1977• AIAek• O 1977
THE AMERICAN INSHIUTL Of ARCHITECTS, 1735 NEW YORK AVENUF, NW,, WASIIINGFON, D.C. 20006 B141-1977 11
This Agreement entered into as of the day and year first written above_
OWNER City of Wichita FallF, ARCHITFCT Jon T,,o Roberts, Ao I.Ao
1301 Sixth St, 1207 Prook Ave,
Wichita Falls, Texas V ' chi. 41,"111. , Texa- —BY RY_ ar Blvd 5
TItE TV n 2cx�J ic'
,'
u ,-t l' ' ur d
F,X ���,� 1 Z c� 1 36 3 9 yl� ' c en`�
gld€; 5.t 2—�>�naiViduaRegystrati°n
Phon on over t� s
c>L�cti Nrchl tee \j
un�cr �7lcZe
12 8141-1977 A1A DOCUMENT B141 • OWNER APCHITFCT AGRFFMFNT • THIRTFFNTH FDIIION • JULY 1977 • AWID • OF 1977
THE AMFRICAN INS111UfF OF ARCHIILCFS, 1715 NFW YO RK AVENUE N.W., WASHINGION, D.C. 20006
STATE OF TEXAS
COUNTY OF WICHITA
This contract. made and entered into as of the day of ,1980.
by and between the City of Wichita Falls, Wichita Falls, Texas, (hereinafter
called "Owner") and the firm of Biggs & Mathews, Inc., Consulting Engineers,
Wichita Falls, Texas, (hereinafter called "Engineer")
WITNESSETH:
WHEREAS, the Owner will require the construction of certain improvements
involving reconstruction and widening of Armstrong Drive and the construction
of additional aircraft ramps at the City of Wichita Falls Municipal Airport, and
WHEREAS, the firm of Biggs & Mathews, Inc. , is acceptable to the Owner and
is willing to enter into a contract to perform engineering services required by
the Owner:
NOW THEREFORE, it is agreed as follows:
I
The Owner hereby retains the Engineer for all engineering services required
in connection with the airport construction. The services performed by the
Engineer in connection with the proposed improvements shall be as follows:
I. Prepare plans and specifications;
II . Prepare contract documents;
III. Conduct general and/or resident supervision of project;
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IV. Prepare monthly progress reports and pay estimates and submit same to
Federal Aviation Administration for payment;
V. Prepare "As-Built" plans;
VI . Assist Owner in the final project acceptance process with the Federal
Aviation Administration.
II
Item No. I - Preparing of detailed plans and specifications shall include :
(a) Establishing the scope of any soil and foundation investigations
which may be required and making the necessary arrangements to obtain
the necessary services.
(b) Surveys, preliminary design and layout of the improvements;
(c) Preparation of detailed plans;
(d) Preparation of project quantities and cost estimates;
(e) Furnish to the Owner all necessary copies of approved plans, specifica-
tions , notices to bidders and proposal forms.
Item No. II - Prepare Contract Documents shall include:
(a) Preparation of the Contracts and specifications;
(b) Assistance in the advertisement of the project for bids;
(c) Assistance in the opening, tabulation and analysis of the bids
received and recommendations as to the appropriate action to be taken;
(d) Assistance in the preparation of formal contract documents for
construction contracts.
Item No. III - Conduct general and/or resident supervision of project shall
include:
(a) Making periodic visits to the site (as distinguished from the
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continuous services of a resident Project Representative) to observe
the executed work and to determine in general if the work is proceeding
in accordance with the contract documents . In carrying out this
function, it is understood that the Engineer does not guarantee the
contractor' s performance, nor is he responsible for supervision of the
contractor's operation and employees;
(b) Consulting and advising with the Owner and preparing routine change
orders as required;
(c) Reviewing shop and working drawings and design mixes furnished by
contractors for compliance with design concept and with information
given in contract documents (contractor is responsible for dimensions to
be confirmed and correlated at job site) ;
(d) Preparation of monthly and final estimates for payments to contractors ,
and furnishing any necessary certifications as to payments to
contractors and suppliers;
(e) Performing, in company with the representative of the Owner, a final
inspection of the project;
(f) Revision of construction drawings, with the assistance of the resident
Project Representative, to reflect any revisions included in
construction records;
(g) Preparing reports as required by the Federal Aviation Administration;
(h) Furnish Owner with one ( 1) reproducible set of construction drawings and
five (5) sets of prints.
Item No. IV - Prepare monthly progress reports and pay estimates and submit same
to Federal Aviation Administration for payment shall include:
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(a) Keeping a construction log of activities in order that a chronological
record of the project may be maintained;
(b) Preparation of monthly pay estimates for preparation to Federal Aviatiio ,
Administration.
(c) Maintain a file of these activities for future reference.
Item No. V - Prepare "As-Built" plans shall include:
(a) Updating plans to show any changes during construction:
(b) Furnish Owner with five (5) sets of "As-Built" prints and one (1 ) set of
reproducible tracings.
Item No. VI - Assist Owner in the final project acceptance process with the .
Federal Aviation Administration shall include:
(a) Maintaining liaison with the Federal Aviation Administration to furnish
all necessary information and data required for final acceptance;
(b) Assisting Owner in complying with any requirements set forth by the
Federal Aviation Administration.
III
For the basic services performed under Section II of this agreement, the
compensation to the Engineer shall be set at a fixed fee of $34,700.00. Upon
completion of detailed plans and specifications, and/or the required review by the
State or Federal agencies, eighty percent (80%) of the total basic charge shall be
due and payable. The remaining 20% shall be paid during construction in
proportion to the contractor' s earnings.
For special services such as court litigation and other miscellaneous
services not outlined in Section II , the Engineer shall be compensated on the
basis of the Schedule shown in Section IV. Statements for services in this
category shall be rendered monthly and payment shall be due not less than thirty
(30) days after submission of a statement.
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IV
The charge provided herein shall not include property, boundary, and
right-of-way surveys, shop, mill , field or laboratory inspection of materials;
cost of inspection borings or other subsurface explorations; copies of "As-Built"
plans and specifications in excess of five (5) ; calculations of special
assessments; the services of a resident Project Representative for continuous
on-the-site observance of the work; or the furnishing of construction line and
grade surveys.
If the Owner elects to have the Engineer furnish services of a resident
Project Representative for continuous on-the-site observance of the work or the
furnishing of construction line and grade surveys, the Engineer will furnish this
service at the following schedule of rates:
SURVEY PERSONNEL
Four man survey party $ 53.00 per hour
Three man survey party 45.00 per hour
Land surveyor 24.00 per hour
CONSTRUCTION INSPECTION
Resident Engineer 27.00 per hour
Resident Inspector 18.00 per hour
ENGINEERING AND GENERAL SUPERVISOR
Principal or Officer of Firm 45.00 per hour
Project Engineer 36.00 per hour
Senior Draftsman 15.00 per hour,
Jr. Draftsman 10.00 per hour
Direct expenses and subcontract costs incurred shall be reimbursed at actual
cost.
If during preparation of the plans and specifications, or thereafter, the
Engineer shall be required to render additional services because of changes,
or delays, or other causes beyond his control , then the Engineer shall be
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compensated for such additional services on the basis of the schedule set out in
Section IV.
V
It is understood and agreed that the Owner shall have complete control of the
services to be rendered and that no work shall be done under this contract until
the Engineer is instructed in writing to proceed with the work. At the time
written instructions are given to the Engineer to proceed, evidence shall be
furnished that funds are available to pay for the services rendered .
It is also understood that the Engineer will not supply a resident Project
Representative for continuous on-the-site observance of the work or furnish
construction line and grade surveys unless instructed in writing to do so.
VI
Any provision in this contract notwithstanding, it is specifically understood
and agreed that the Engineer shall not authorize or undertake any work pursuant to
this contract, which work would require the payment of any charge, expense or
reimbursement in addition to the charge stipulated in Section III, without having
first had and obtained specific written authority therefore.
VII
This contract shall not be assignable in whole or in part without the consent
of the Owner.
VIII
All payments for services rendered by the Engineer that have not been paid
within sixty (60) days after becoming due shall thereafter accrue interest at the
rate of eighteen percent ( 18%) per annum.
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IX
In connection with all the work outlined or contemplated above, it is agreed
that the Owner or the Engineer may cancel or terminate this contract. Upon thirty
(30) days written notice of such cancellation from either party to the other, all
work and labor being performed under this contract shall immediately cease,
pending final cancellation at the end of such thirty day period, and further
provided that the Engineer shall be compensated in accordnace with the term of
this agreement for all work accomplished by him prior to the receipt of notice of
such termination.
X
The City of Wichita Falls, Federal Aviation Administration, Comptroller
General of the United States or any of their duly authorized representatives shall
have access to any books, documents, papers and records of the Engineer which are
directly pertinent to this project for the purpose of making accurate examination,
excerpts, and transcription.
XI
Ownership of any Airport Layout Plan prepared by the Engineer shall remain
with the Owner. If the Owner shall so direct the plan may remain in the files of
the Engineer; however, the Owner shall have access to this Plan whenever he deems
it necessary.
The Engineer shall have access to any existing City plats and records in the
possession of the Owner that will be of benefit in the preparation of the plans
and specifications.
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IN WITNESS HEREOF, the City of Wichita Falls, Texas, has caused this contract
to be executed by its City Manager and attested by its City Clerk and the official
seal of the City affixed hereto. and Biggs & Mathews, Inc. , Consulting Engineers;
has caused this contract to be executed by its President and its Secretary, with
all such executions being in quadruplicate, each of which shall constitute an
original , and all of which has been done as of the date here above first written .
CITY OF WICHITA FALLS
BY
City Manager
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
BIGGS & MATHEWS, INC.
Consulting Engineers
BY _
J. E. Biggs , Jr., P.E ., President
Registered Professional Engineer No. 16101
ATTEST:
—secretary — -
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