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Min 12/16/1980 232 Wichita Falls, Texas Memorial Auditorium Building December 16, 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 Q John Hampton, Jr. Aldermen Carol Russell Curtis Smith Stuart Bach City Manager H. P. Hodge, Jr. City Attorney Gerald Carlson Chief Accountina Officer Wilma J. Thomas City Clerk James B. Thomas Absent Horace 0. Boston Absent The invocation was given by Todd Ditloff, Our Redeemer Lutheran Church. Item 3 Moved by Alderman Smith that minutes of the meeting held December 2, 1980, be approved. Motion seconded by Alderman Traywick, and carried unanimously. Items 4a - 8a Items 5c and 5d were removed from the consent agenda. Moved by Alderman Hampton that the remaining items on the consent agenda be approved. Motion seconded by Alderman Traywick. Item 4a ` ORDINANCE NO. 3751 ORDINANCE SETTING REFUSE RATES ON CERTAIN PROPERTIES ABUTTING ALLEY PAVING PROJECTS. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , and Smith Nays: None %Item 5a RESOLUTION NO. 2690 RESOLUTION APPROVING AND AUTHORIZING CITY MANAGER TO EXECUTE TEXAS TRAFFIC SAFETY PROGRAM CONTRACT FOR THE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain Texas Traffic Safety Program contract for the selective traffic enforcement program, a copy of which is attached hereto, between the City of Wichita Falls and the Traffic Safety Section of the State Department of Highways and Public 233 Item 5a, cont'd. Transportation, for the period from January 1 , 1981 to September 30, 1981 , 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 , and Smith Nays : None Item 5b RESOLUTION NO. 2691 RESOLUTION APPROVING AND RATIFYING CONTRACT WITH CHARLES HARPER ASSOCIATES, INC. CONCERNING REBUILDING WEEKS PARK GOLF CLUBHOUSE. WHEREAS, on June 1 , 1979, then City Manager Gerald G. Fox executed a contract of that date with Charles Harper Associates, Inc. , for architectural services concerning the rebuilding of the Weeks Park golf clubhouse, which was extensively damaged by the April 10, 1979 tornado; and, WHEREAS, because of the confused state of affairs following the tornado, apparently no formal approval of such contract was made by the Board of Aldermen; and, WHEREAS, it appears that such contract should be approved and ratified. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN BY THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain contract dated June 1 , 1979, a copy of which is attached hereto, between the City of Wichita Falls and Charles Harper Associates, Inc. , for architectural services concerning the rebuilding of the Weeks Park golf clubhouse is hereby approved, and the execution of such contract by then City Manager Gerald G. Fox is hereby ratified. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , and Smith Nays : None v` Item 5e RESOLUTION NO. 2692 RESOLUTION APPROVING TAX ADJUSTMENTS #1 THROUGH #302. WHEREAS, the Tax Department has accounts, totaling $7,715.03, that need to be adjusted off for the following reasons: unable to locate the owners of personal property, double assessments, calulation errors , property not owned on January 1 of a particular year, non-taxable servicemen's personal property, correction of value errors, property not taxable within the jurisdiction, 65 and over homestead exemptions, and VA exemptions; and, WHEREAS, the net receivable amounts to be adjusted off, by year, are as follows : 1980, $7,065.70; 1979, $474.68; 1978, $55.59; 1977, $40.40; 1976, $42; 1975, $36.66; and, WHEREAS, a copy of each adjustment with an explanation is on file in the Accounting and Finance Department. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Such tax adjustments, numbered #1 through #302, are hereby approved. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , and Smith Nays: None ✓Item 5f RESOLUTION NO. 2693 RESOLUTION APPROVING AND AUTHORIZING CITY MANAGER TO EXECUTE FIFTH AMENDMENT TO LEASE AGREEMENT WITH BEACON BAPTIST. 234 Item 5f, cont'd. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain fifth amendment to a lease agreement between the City of Wichita Falls, as Lessor, and Beacon Baptist Church, as Lessee, covering the old Red Cross property, a copy of which amendment is attached hereto, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , and Smith Nays: None ,/Item 5g RESOLUTION NO. 2694 WHEREAS, the need for day care services was advocated during neighbor- hood meetings for the 1980-81 CDBG program; and WHEREAS, Child Care, Inc. submitted a proposal to provide day care services in the Martin Luther King Center; and WHEREAS, the Board of Aldermen agreed to provide a maximum of $100,000.00 from FY 1980-81 CDBG Program funds ; and WHEREAS, the negotiation of an agreement with Child Care, Inc. will provide for day care services in the Martin Luther King Center. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Stuart Bach, City Manager, is authorized to execute a contract, a copy of which is attached hereto, with Child Care, Inc. for the provision of day care services in the Martin Luther King Center for an amount not to exceed $100,000.00. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , and Smith Nays : None V Item 5h RESOLUTION NO. 2695 RESOLUTION ACCEPTING CORRECTION OF DEFICIENCIES IN FIRE SPRINKLER SYSTEM, WICHITA FALLS ACTIVITIES CENTER. WHEREAS, the City of Wichita Falls and Rorabaugh Mechanical Company, entered into a contract dated August 4, 1980, whereby said contractor agreed to make all necessary corrections and additions required to bring the fire sprinkler system in the Wichita Falls Activities Center into compliance with City of Wichita Falls and/or State Insurance Board requirements; and, WHEREAS, the corrections and additions have been completed in accordance with the original plans and specifications; and, WHEREAS, request for final payment has been submitted on this project, which shows a total amount of work done as $33,384.00, of which $16,525.00 has been paid, leaving a balance due of $16,859.00. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The correction of deficiencies in the fire sprinkler system in the Wichita Falls Activities Center is hereby accepted by the City of Wichita Falls, and the City Manager is directed to pay to the said contractor the balance due as shown above. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , and Smith Nays: None 235 Item 6a Authority was granted to advertise for bids to purchase 53 vehicles approved in the 1980-81 budget. The authorized number has been reduced from 71 . Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , and Smith Nays : None Item 7 Minutes of the meetings of the following boards and commissions were received. a. Design Review Commission - November 20, 1980 b. Centennial Commission - October 29, 1980 c. Aviation Advisory Board - November 19, 1980 d. Traffic Safety Council - December 3, 1980 Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , and Smith Nays: None Item 8a A public hearing on hazardous structures was scheduled for January 6, 1981 . Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , and Smith Nays : None Item 5c A proposed resolution was presented approving the award of bid for reconstruction of the Rosemont Cemetery entrance gates. Alderman Russell inquired if the intent is to replace the fence with the same great iron gates as before the tornado? Director of Parks and Recreation Bill Hursh stated that some of the material is no longer available, but it will be as near as possible to the previous structure. He stated that the large gates are salvageable. RESOLUTION NO. 2696 RESOLUTION AWARDING CONTRACT FOR RECONSTRUCTION OF ROSEMONT CEMETERY ENTRANCE GATES TO GRAHAM WOOD, d/b/a F & W CONSTRUCTION COMPANY. WHEREAS, the City has advertised for bids for the reconstruction of the Rosemont Cemetery entrance gates; and WHEREAS, two bids were received, and the bid of Graham Wood, d/b/a F & W Construction Company, in the amount of $20,920 is the lowest responsible bid; and, WHEREAS, the said Graham Wood has submitted an alternate proposal which would reduce his bid by $1 ,452 to $19,468. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The bid of Graham Wood, d/b/a F & W Construction Company, in the amount of $19,468 is hereby accepted, and the City Manager is authorized to execute a contract with Graham Wood, d/b/a F & W Construction Company, for the construction of such improvements. Moved by Alderman Russell that Resolution No. 2696 be passed. Motion seconded by Alderman Hampton, and carried by the followinq vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , and Smith Nays: None Item 5d A proposed resolution was presented authorizing the City Manager to enter into a contract with GAB Business Services, Inc. , providing for the adjustment of fleet liability claims. 236 Item 5d, cont'd. Alderman Traywick asked if we have financial statements on Victoria Lloyds? Mark Wilson, Risk Management Administrator, stated that Mr. Longino has looked into it. Alderman Traywick requested ethat compantake a look at this matter. He has it from hearsay that they are y. RESOLUTION NO. 2697 RESOLUTION APPROVING ADJUCONTRACT OFWITH FLEETGAB LBUSINESS ABILITY CLAIMSSERVICES, INC. , PROVIDIN FOR 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 GAB Business Services, Inc. , providing for the adjustment of fleet liability claims, 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. 2697 be passed. Motion seconded by Alderman Traywick, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , and Smith Nays : None �` Item 9a Mayor Hill recognized Emma Swafford, an employee of the Accounting Department, as Employee of the Month for December. He presented her with a plaque, and two tickets each to a theatre and dinner. /'Item 9b Lewis Pearce appeared as local manager of Vista Cablevision. Speaking to the time- table, he feels they are basically in compliance with the ordinance. They proposed that construction would begin after they received a certificate of compliance from the FCC. The FCC stated that they no longer needed a certificate of compliance. If it pleases the City to use the October 20, 1978 start date, they need an extension, and request that it be granted. Another change is the order of areas of construction. He stated that this was changed due to the tornado. Because of the time it would take utility companies to get poles ready for cable, they decided to start on the North side. He requested that the Council grant an extension and accept the change in schedule of the areas concerned. They will do their best to meet the schedule, barring any unforeseen items which they may not have any control over. Alderman Smith asked if management turnover was the reason for part of the delay? Mr. Pearce stated that it had no effect on it. He is the second actual manager. They did have an interim manager for a time between the first one and himself. Mayor Hill stated that he feels this has been handled in a very sloppy manner. He would not be inclined to grant another extension. He has received considerable complaint of the ,way this has been handled. City Manager Stuart Bach stated that the October date was the date the FCC deregulated Vista, so that is the reason that date was selected. Alderman Hampton commented that a contract is a contract, and is only as good as the people involved. He stated that it is difficult to find an excuse for Vista not coming to the Council to ask for a change. Alderman Traywick asked how we arrived at the April 30 date? The City Manager stated that is the date they felt they would need to complete it. Alderman Russell commented that she is the last member of the Council who awarded the contract. From a public relations standpoint, she would like to see that the City keeps on top of their management team. 237 239 Item 9d, cont'd. District No. 2, a release of the north 50 feet of a 100 foot wide irrigation easement across a 2.32 acre tract of land described in such resolution as Tract II, upon the payment to the City and the water district of the sum of $400; and, WHEREAS, this transaction was never consummated, and C. W. L. Dennis has now requested that the City and water district execute a release of the north 60 feet of such irrigation easement. 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 execute and deliver a release of the City's interest in such irrigation easement insofar as it covers the north 60 feet of the south 100 feet of the 2.32 acre tract described as Tract II in Resolution No. 1225, upon the payment by C. W. L. Dennis to the City and water district of a sum agreed to by the City Manager and the directors of the water district. Moved by Alderman Hampton that Resolution No. 2698 be passed, as written. Motion seconded by Alderman Traywick, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , and Smith Nays : None The Council instructed the City Attorney to prepare a resolution for the next Council meeting that will resolve the Tract One problem. -'Item l0a A proposed resolution was presented approving a revised installation schedule for Vista Cablevision. RESOLUTION NO. 2699 RESOLUTION APPROVING A REVISED SCHEDULE FOR INSTALLATION OF THE CABLE TELEVISION SYSTEM BY VISTA CABLEVISION, INC. WHEREAS, by Ordinance No. 3305, adopted April 3, 1978, the City granted to Vista Cablevision, Inc. , the right and privilege to construct, operate and maintain a cable television system within the City of Wichita Falls; and, WHEREAS, Section 6 of such ordinance provided that construction and installation of the system shall be completed within three years of the date that FCC Certification of the system is received, and that the system would be constructed in certain census tract numbers according to the schedule therein set out; and, WHEREAS, because of the April 10, 1979, tornado, the shortage and unavailability of construction contractors, all of which were beyond the control of Vista Cablevision, Inc. , it has not completed the construction of the system in some of the tracts as required by Section 6. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: ` SECTION 1 . In lieu of the schedule for Construction Year 1 and Construction Year 2 in Section 6 of Ordinance No. 3305, Vista Cablevision, Inc. shall complete the construction and installation of the system in accordance with the following schedule: Phase 7 is to be completed by December 17, 1980. Phase 9 is to be completed in January, 1981 . Phase 10 is to be completed in February, 1981 . Phase 8 is to be completed in March, 1981 . Phase 14 and 16 are to be completed in April , 1981 . Such phases are the areas marked on the map on file with the City Manager. 240 Item 10a, cont'd. SECTION 2. The Board of Aldermen hereby approves the delay heretofore suffered by Vista Cablevision, Inc. in the construction timetable contained in Section 6 of said ordinance because of reasons beyond its control . If Vista Cablevision, Inc. fails to comply with the construction timetable adopted above, or with the timetable for Construction Years 3, 4 and 5 in Section 6 of Ordinance No. 3305, Vista Cablevision, Inc. will be subject to the sanctions set out in said Section 6. Moved by Alderman Traywick that Resolution No. 2699 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes : Mayor Hill , Aldermen Traywick, Russell , and Smith Nays: Alderman Hampton Atem 1 Ob A proposed resolution was presented authorizing the City Manager to execute a contract with Community Action Corporation for administration of Section 8 Housing Assistance payments program. City Manager Stuart Bach explained the reason for one additional part time employee to assist in the administration of this program. RESOLUTION NO. 2700 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE COMMUNITY ACTION CORPORATION OF WICHITA FALLS AND NORTH TEXAS AREA FOR ADMINISTRATION OF THE SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM FOR EXISTING HOUSING. WHEREAS, the 1980 Housing Assistance Plan, prepared as part of the 1980-81 Community Development Block Grant application, stated that over 3500 families in Wichita Falls need housing assistance; and WHEREAS, the Board of Aldermen authorized the City Manager to execute the Five Year Annual Contributions Contract with the Department of Housing and Urban Development for Section 8 - Housing Assistance Payments Program for Existing Housing on February 3, 1976; and WHEREAS, on December 7, 1976, the Board of Aldermen approved the resolution awarding the contract for the administration of the Section 8 program to the Community Action Corporation; and WHEREAS, the Community Action Corporation has executed that contract during the past four years. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS THAT: Stuart A. Bach, City Manager, is authorized to execute a one year contract with the Community Action Corporation of Wichita Falls and North Texas area for the administration of the Section 8 Housing Assistance Payments Program for Existing Housing; a copy of such contract is attached. Moved by Alderman Hampton that Resolution No. 2700 be passed. Motion seconded by Alderman Smith, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , and Smith Nays: None ✓Item lOc City Manager Stuart Bach explained that the next four items are interrelated to the Northside waste water treatment plant. The City advertised for bids in July on the sewer plant to be located on 17 acres being used by Sheppard Air Force Base. Several agencies had to be gone through, which delayed the timing. The contract which is recommended also includes a change order because the contractor has been delayed in initiating the contract because we did not have the land. 241 Item 10c, cont'd. Joe Smith, Director of Public Utilities, stated that these additional costs are the contractor's own labor costs, but after January 1 , material costs will increase. i RESOLUTION NO. 2701 RESOLUTION AWARDING CONTRACT TO POWER BUILDERS, INC. FOR CONSTRUCTION OF NORTHSIDE WASTE WATER TREATMENT PLANT. WHEREAS, the City of Wichita Falls has advertised for bids for the construction of the Northside waste water treatment plant; and, WHEREAS, on July 31 , 1980, six bids were received, and Power Builders, Inc. who bid $1 ,150,000 was the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The bid of Power Builders, Inc. in the amount of $1 ,150,000 for the construction of such plant is hereby accepted, and the City Manager is authorized to execute a contract for the City of Wichita Falls with Power Builders, Inc. for the construction of such plant. Moved by Alderman Hampton that Resolution No. 2701 be passed. Motion seconded by Alderman Smith, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , and Smith Nays: None Item 10d RESOLUTION NO. 2702 RESOLUTION AUTHORIZING CHANGE ORDER #1 TO CONTRACT FOR CONSTRUCTION OF NORTHSIDE WASTE WATER TREATMENT PLANT WITH POWER BUILDERS, INC. WHEREAS, the City of Wichita Falls has awarded a contract to Power Builders, Inc. for the construction of the Northside Waste Water Treatment Plant; and, WHEREAS, because of unavoidable delays in the acquisition of the site for such plant, the City did not award the contract within the 60 day period provided in the bidding instructions , and the low bidder has stated that inflation and seasonal conditions require a change order increasing the amount of the contract by $46,511 .78; and, WHEREAS, such increase is deemed reasonable. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Change Order #1 in the amount of $46,511 .78 is hereby approved, and the City Manager is authorized to execute such change order. Moved by Alderman Hampton that Resolution No. 2702 be passed. Motion seconded by Alderman Russell , and carried by the following vote. W Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , and Smith Nays: None Item 10e RESOLUTION NO. 2703 RESOLUTION AWARDING CONTRACT FOR CONSTRUCTION OF SANITARY SEWER MAINS CONNECTING TO NEW NORTHSIDE WASTE WATER TREATMENT PLANT. WHEREAS, the City has advertised for bids for the construction of sanitary sewer mains to collect sewage for the new Northside waste water plant; and, 242 Item 10e, cont'd. WHEREAS, twelve bids were received, and Bowles Construction Company, who bid $172,738.68, was the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The bid of Bowles Construction Company in the amount of $172,738.68 is hereby accepted, and the City Manager is authorized to execute a contract for the City of Wichita Falls with Bowles Construction Company for the construction of such project. Moved by Alderman Hampton that Resolution No. 2703 be passed. Motion seconded by Alderman Smith, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , and Smith Nays: None Item 10f RESOLUTION NO. 2704 RESOLUTION AUTHORIZING CHANGE ORDER #1 TO CONTRACT FOR CONSTRUCTION OF SANITARY SEWER MAINS CONNECTING NEW WASTE WATER TREATMENT PLANT WITH BOWLES CONSTRUCTION COMPANY. WHEREAS, because of unavoidable delays, the City did not award the contract within the 60 day period provided in the building instructions; and the low bidder, Bowles Construction Company, has stated that because of cost increases experienced by this delay, requires a change order in the amount of $9,460.00; and, WHEREAS, such increase is deemed reasonable. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Change Order #1 in the amount of $9,460.00 is hereby approved, and the City Manager is authorized to execute such change order. Moved by Alderman Hampton that Resolution No. 2704 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , and Smith Nays: None Item lla City Manager Stuart Bach noted the project chart board which will be installed in the entrance hallway. A new cleanup project will be shortly initiated, also. V Alderman Hampton wished all city employees and citizens a happy holiday season. The Board of Aldermen adjourned at 11 :00 o'clock A.M. PASSED AND APPROVED this 4W day of ;'2C�GL,2_-e 1981 . -MAYOR ATTEST: CI Y CLERK _,�. ,.r, I 1 TEXAS I RAF- f 1C :,AH-JY f)Fz(. 61, ,— hn CO I I HACT STATE DEPARTMENT OF HIGHWAYS A::J PUBLIC TRANSPORTATION TRAFFIC SAFETY SECTION NA TInNAI AUSTIN,T (ELL])EXAS 70701 � � El03 1 _) STANOARD Il PRO)ECI NAMk Comprehensive STEP/Wic}Iita Falls (Comprehensive Selective Traffic l:nCorcemerit Program/(,ity off IVichita I=alls) 9R•19 7[SCQWT,CN OF PROACI IFOR OETAq S.SFE STATEMENT OF WORKI Two Wicli:ita Palls Police Officers working full time within a much larger City funded STEP unit will be utilized at selected areas of high fre(jul.,ncy accident locations to patrol and provide strong traffic law enforcement to reduce traffic violations, acci dents, injuries, and fatalities within the City of wicilit;1 Palls. One-half time of I. full time STEP secretary will he supported by this program and will be used to admin istratively support the program. GOAL i C , 1, i Il W INUUUI IVAIIIAIIONI/F111 DI JAM, SfL SIAIFMFNI Of WORKI fatalities in high frequency accident areas within Wichita Falls. Administrative Assessment COStCAIFGOR• AMIri)Nr FUTURE IUNOINGP[RIOU uIOUNI PROPOSER 1`010.ECT PERSONAL SERVICES $37,479.00 PERIODa,J.81.........l/8] ..,.; 93 Q/. CONTRACT SERVICES �' OCT.•DEC. . . . . . . . . TO. comI,woDInEs . . . . . JAN.-MAR. 512,493.00 OTHER DIRECT COST APR,-JUN. . . . . . . . . 512,493.00 INDIRECT COST. . . . . JUL-SEP. . . . . . . j 12,493.00 _ PROFIT . . . . . . . . . . y; "3 �' Ufa COK�LRf fB�ER �D TG.: . ... TOTAL $37,479.00 TOTAL Ise::....' $37,479.00 TYPE OF gE1MBVRSEMENT %OuHCFS of FUNDS AM(hINI REIMBURSEMENT LI4IT3 1:1LUMP 6U1.1 -- - - 1, MAXIMUM AMOUNT ELIGIBLE FOR FEDERAL(402) . . . . . $37,479.00 REIMBURSEMENT • 1,479.I _ a COST PER UNIT OF WORK 2. NO COST CATEGORY MAY BE EXCEL DED• OTSF . . . . . . . . . . . . BY MORE THAN Sty OF THE CONTI ACT a COSTPW TOTAL BUDGETS FIXEDFEE 3. ONLY THOSE COSTS INCURRED DU !ING THE FOLLOWING PERIOD SHALL BE SPECIFIC RATES ELIGIDLZ FOR REIMBURSEMENT: �X ACTUAL COST LOCAL 1/1/81 ro 9/30/81 . . . . . . . . . . 4. THE CONTRACTOR MUST BEAR ALL -` - COSTS NOT ELIGIBLE FOR REIMBU iSE- FOR DETAILS, BEE STATEMENT OF WORX TOTAL $37,479. 00 MINT • THIS CONTRACT INCLUDES_6 ATTACHMENTS • IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN PROVISIONS AHD/OR REOUIRFMTIf113 OF THIS CONTRACT,THE INCONSISTENCY OR CONFLICT SHALL BE RESOLVED BY ASSIGNING AN ORDER OF PRECEDENCE TO EACH,ACCORDING TO THE FORM OR ATTACHMENT IN WHICH IT APPEARS, USING THE FOLLOWING ORDER: 1. CONTRACT(THIS FOAM) 2. BTATEMENT OF WORX(ATTACHMENT 1) 3. (GENERAL PROVISIONS(ATTACHMENT 2) •. SPfCIAL PROVISIONS(ATTACHMENT J) S. OTHFA ` • FEDERAL AND STATE REGULATIONS AND GUIDELINES SHALL RE THE DASIS FOR DETERMINING f•CIGIMLITY OF COSTS } • THIS CONTRACT WAY BE AMENDED ONLY OY WRITTEN AUTHORIZATION EXECUTED 18 ACCOnDANCE WITH TSS policies. THE CONTRACTOR III HEREBY AUTHORIZED TO PERFORM WORK ON THI3 PROJECT,DURING THE PERIOD CITED ABOVE,SUBJECT TO THE TERMS A?•3 CONDITIONS OR THIS CONTRACT AND ALL APPLICABLE STATE AND FEDERAL LAWS AND REGULATP ' t SIGNATURE OF PERSON AUTHORIZED TO COMMIT Slf]N R F PERSON:1llINORIZFu TO COMMIT CONTRACTOR . TSB, SI)}IPT Mr. Stuart 110c „ City Manager InE I L City 0f 1' i Nita } ally TEXAS TRAFFIC SAFE] r f1[?0Qj?AM CON i (;T (E8 -_ �I 01 ) REPRESENTATIONS, CERTIFICATIONS, AND AC'KNOWLI �MENTS CONTINGENT FEE: (check appropriale boxes) The contractor represents (a) That it r I has, VJ has riot, employed or rr:lainr.,l! company or perso') (other than a full-time bona tide employee working solely for the offeror) to solicit or s- this contract, and (b) that it t7 has,YJ has not, paid or agreed to pay any company or person (other th;il lull line hona fide employee working solely for the contractor) any fee, commission. percenlage. or 5ro1ker:1,- !I n contingent upon or result- ing from the award of this contract; and agrees to lurnish information iel:ihnq l ) and (b) interpretation of the representation, including the term "bona Irde employee", see Code of Fed�.-ral I iulalions. Title 41. Chapter 1. Subpart 1.1 5.) 11. EOUAL OPPORTUNITY. (check appropriate bnx(!s) The contractor represents that it W has,(.I has not, participated in a previnur. �ntr;w..l or subcontract sublect either to the Equal Opportunity clause herein or the clause originally contain • 1 in Section 301 of Executive Order 10925, or the clause contained in Section 201 of Executive Older No I 1 1 1 4, that ir;X' ha:;, i- has not filed all required compliance reports; and that (epiesentations, indicaling sul,:;( :sion of required compliance reports,signed by proposed subcontractors,will he obtained prior to suhconlr,l wards III. AFFIRMATIVE ACTION PROGRAM: (check appropriate hox) The contractor reoresen18 WAI (1) it N has dew.,inped and has on Wei I has le,e!oued and does not have on file at each establishment affirmative action programs as required by the ri,l. fifl regulalions of the Secre- tary of Labor (41 CFR 60-1 and 60-2),or (2) it F) has not previously had cont(,i ! ; suhlect to the written affirm- ative action program requirement of the rules and regulations of the Secretary cl! :i)or. N. CERTIFICATION OF NONSEGREGATED FACILITIES The contractor certifies that it does not mairit;iin or provid{! for employees' face',! which are segregal(:d on the basis of race, color, religion, sex or national origin, wh-1hei such facilities we, :,gated by directive or on a de facto basis The offeror further agrees Thal he will not rnainlain such ,egfeg,ilu(I ! .:ilitles. V The contract recipient agrees as a necessary condition for reirnbur sement of / I(') prepwe rnonthly ant'/or quarterly progress reports in a timely manner, and in accordance w,(h instruct furnished by the Traffic Gafety Section, SDEIPT. VI. CLEAN AIR ACT COMPLIANCE: For all contracts in excess of S100,000, The recipient agrees to coinpL/ with ;0 ,I;'ldlcahle standards. orders or regulations issued pursuant to the Clean Air Act of 1970 Violations shall be r(r;: xtr d to TSS and the Regional Office of the Environmental Protection A(lency. VII. PRINCIPAL PLACE OF PERFOHMANCF The location of the plant or place of business where the item(s) will be prodw ud or the principal services will be performed under the contract is: CITY Wichita falls Wicliita Texas -- — - - - -- -- --- -----COUNTY---- ------STATE VIIi ASSURANCE The contract rer-ir)ieni h{�rehy assures compliance with all L (: condition, and general and special provisions for this contract, including attachmenis. /cam $I(r UN ){ PFNSUN�111 1Oc0)MMII (,UNINA('Ilili (iAlt CON iIIA(;1I)N'i PR III CI711'f )14 OA II iIr. Stuart Bach, City 1Ianager. Cape. 11.1: (()enc) !I tvis, Field Service Div. NAMEirll(E P. 0. I3ox 1431 ---- - 610 ffollidrr), Sircl f - -- -- — Wichita falls, Tx. 76307 (£17) 322-5611 hlichitn FJll,:. '1',. 7(>>Ol (817) 32 2-5611 STATEMENT OF WORK ( 8 1 ) E:0 I� ViCLUN MIt ESt Of,E SCr E0U1 E ANC)ME fHno U1 IVAt VA IV N I. BACKGROUND I)uri_ng the calendar year of 1979) Wichita Falls recorded through Police Depart- ment statistics, 4,309 accidents, 1 ,000 injuries, and 21 fatalities. In the calendar year 1978, 4,332 accidents, 1 ,030 injuries, and 16 fatalities were recorded. 'Therefore, during 1979, the City of Wichita Falls recorded a 10 decrease in accidents, a 30 decrease in injuries, arid a 24% increase in fatal- itics. Calendar year 1977 recorded 4,620 accidents, 1,097 injuries, and 17 fatalities. T`}rerefore, a comparison between 1977 and 1,979 shoes a 7% decrease in accidents, a 910 decrease in injuries, and a 191,, .1ncre<rse in fatalities. There were 111 specified .intersections which had between 5 and 31 accidents during 1979. These III intersections experienced 931 accidents or 220 of the total of 4,309 accidents within the City. It becomes obvious that rigorous Selective Traffic Enforcement Program (S"1'I,:P) coverage of these 111 intersection suggests the possibility of rccluc.ing the accident rate by about 22%. In addi- tion to that, the number of mid-block collisions around these intersections in question actually experienced more accidents than the intersections or about 24% of the City's .total accidents. T}erefore, by introclucing a 11a10 effect, we could reduce total accidents by as much as 460, with total Selective Traffic Enforcement Progrmi (STIT) coverage of the target intersection~ and mid-block areas. This of course, wcnrld not be possible since to cover 111 intersections at any one time would not be feasable in terms of m,mpower and cost. Ilowever, analysis indicates to an cx�ict degree the area and t inu,s j�hcre the use of the available STL•P officers could be used to the greatest benefit. BASE' LINE DATA 11 general. look at the .f.ive (S) year fatality picture from 197S through 1979, shows the following: Total fatalities during the five (5) year period i,ere 88; collisions 74: drivers involved .126 and motor vchic_es involved 131. Over half of the collisions, 38, occurred on arterials with 23 on the freeway system. Collectors accounted for the remuilning 13. Thirty-one of the collisions occurred at intersect ions and 43 at some area other th,rn an ITltersect!oil. The vast m,l jori tv of the accidents happened during clear wc� tt}ier, 54, with 11 during cloudy weather; 7 during rain; and two during ice or snow. The collisions were split wi.tli .357 during the d,r\r; 27 at night; and 10 during dawn or dusk. Sixty-six males were killed during the five (S) year haselipe period compared with 22 females. Finally, 67% of the f;rt;tl i tics durim, the period, 197S, through 1979, were alcohol related, S9 of, 88. PROPOSED SOLUTION i This contract will allow the City of lVjchita Falls to "upplement an alr-cady cxistirl ; traffic crrforcememl division in an attempt to reduce the extremely Il STAILIvIEHT 01' VV.ORK ( 1` } Ell ED ❑ ElI_l' ,_. t J L ICLUJIM4rS!0rif SCnFou1FANJ ofjw,; L,r IvAtuALV)" high cost of traffic acc idents ,1n-1 the drain on the in terlris of injuries and loss of life. `'cc Operational flan, /lttaclL„cnt C4 for specific details. I I. I'IUJLC'I 013JL•CCIVI:S 1. To reduce the riumber and frequcncy of motor vehicle traffic accidents in Which violators are a causal factor by So at S"1'EP locations by September 30, 1981. 2. To increase selective traffic patrolling; efforts by 1,43S }lours during; IY-81 with a minimum of 800 of marl}lours deplovcd l,ithin the identified STEP locations. 3. To reduce fatal crashes by s%lvlthrn the identified STEP locations during the 1981 fiscal year. III. GI:NI:[W, PLAN TO ACIIII.M." 01k11:(,"I'IVI:S A. Contractor's Rcsponsibilitics: 1. IJnploy two S H' Officers for the period indi<atcd on the face of this contract. 2. Provide police vehicles and other ncc_cssary 0,,r _It ill cquiprlcnt for the purpose of this prog;rciln for the period slxCcified on the fact of this contract. 3. Provide office space as required for the period cis specified on- the face of this contract. 4. Continue an effective public information and education program to build support and public awareness of the: Selective 'Traffic Enforce- incia Program arid' i is goals. 5.. Promote better 1lrevcntion and rehabilitation techniques and programs for people with identified driving; problems in the area of both skills and attitudes. G. Provide accounting; services to depict all reimbursement items. 7. Collect crash itivolvemc'nt data and provide till:; data to Selective Traffic Enforcement pertio►urel. STATEt,1iF=r1T OF V,'.0PK � ��❑ l l l El ElEE tUU( kilt IMA41 $04L)UI l •NU of W IV At UA I ION 13. Operational Plan: Sec Attadiment N4, Selective Traffic 1:nforccmcnt Plan. Proclr�un, Operational I C. I;valtration Requirements: i TO continue the Selective Traffic Enforcement Proiram a.rld to support it in manner anner as outlined in III .A. , 1- - 7 above. I IV. MILEST0NE- SC19"DULL - 1`lilestone 1Y-81 IY-82 J F H A M j J A S 0 1. Submit STEP-1 Reports X X X X X X X X X X 2. Submit Reimbursement Claim X X Y Reports V. ACCOUNTABLE ASSM'S 1 There are no accountable assets purchased urrdcr terms of this contract'. VI. RL:POR"I'S A. The CITY OF IVICIII'TA FAL[S shall : 1. Submit three copies or 7:SS Fonn S,1"1:P-1 , SIDIUna r-y Sheets, At tachrnent PS, to the State Departmeiit of highways and Public Transportation, D-18 Traffic Safety Section through the Regional Traffic Safety Office, Midwestern State University. 2. Submit three copies of the reimbursanent claim reports using form aril procedures specified in Attachment 6, to t}re State Department of Highways and Public Tra"SI)Ortation, D-1.8 Traffic Safety Section. TSS forms I'R-4; S,6,7 are not required and may be deleted. Reimburse- merit claim reports will be submitted in accordance with IV, Milestone Schedule as above. VI I. AUDIT RI;�IUI RJ _;Iv I'S A. All costs claimed for reirnhurscrncnt arc subject to verification by State I)cpartmcrlt of ILighways and I'ublic Transportation auditors. B. DOCUrcntati.on (refer- to 1'ccicral Circular 74-4, Federal �+•lnage- ment Circular 73-8, and applicable state requircmcnrs) to support ap- plicable costs relevant to tale estimated budl;et during audit provided by the contractor slr:rll include, but not be limited to the follo%.rirrg: 1. Payroll Rep,ister 2. Time Records 3. F. I.C.A. 4. Health Insurance Policies S. 'Texas Municipal Reti rcrnent System I.I AIfACIULNI 1 STAT 'MENT OF WORK ([=) = = ❑ ❑ i j V INCLUDE ka'EE SIONE SCtgEUUIE AND ME 1H0001 1 VAL UA 11ON 1 VIII. State Department Of ITio hways and Public: Trmisportaticn, D-18 Traffic Safety Section, through District 3 I{eadquarters, will perform the following tasks: A. Reimburse the City of Ni.ch.ita Falls (100') o:C all allowable costs 'up to the limit specified oil the face page of this collt.ract for the following expenditures: I:STIMMIT BUDGET Personal Services Officers (2) Base Salary with 10 years longevity $27,204.69 Secretary - One-half of salary 3)472.33 Overtime for two Officers Time and one-half x 207 hours 2,707. 56 TOTAL SAIARIES $33,384.58 Employee Benefits F. I.C.A. @ 6.130 of salaries of $30,677.02 $ 1,880.50 DIRS @ 4.620 of salaries of $30,677.02 1,417.28 Life Insurance 130.39 2 Officers - $10,000.00 Policy Secretary - 1/2 of $7,500.00 Policy .61� per $1,000.00 monthly - $23,750. 00 x .61y x 9 months Health Insurance (Blue Cross €, Blue Shield) 676.17 2 Officers @ $30.05 per employee x 12 months ., 1 Secretary @ $15.03 per employee x 12 months TOTAL EMPLOYEE BENEFITS $ 4,104.34 TUFAI, BUDGET FOR PERIOD 01: $37.1479.12 1/l/81 through 9/30/81 � B. Assistance will be provided for 1 progrmn contract, report preparation and _ monitoring through the Ftcgi_onal Traffic Safety Office at Midwestern State University. Additionally, teclinical assistance in planning, evaluation, ouid analyzing the program will be prov.idecl as needed. C. 'The program will >> >I ;, be i,ontturccl quarterly by the. Regional Irafftc Safety Coordinator through personal contact, on-site observation, and reading of required fiscal budgets and reports. D. Evaluation will he based upon the accon,pl_ishment of the objective as listecl in the Statement of I'dork II. , above. An ac�ninistrative assessment of ,STA( ,IJvIFNJ OF -WORK ([*T� 0 m 0 D I I NrCaUDEMdEStCNF SCHf Out E Ar.Ot,tiF.^','fin twL VAtI•)N I)rojmt objectives l;l<lnIwd versus actI];ll tri] 1 be Ae E. This project i.s directly relatcll to Program Modal P,))1.05 and Problem Solution Plan 81-05-01 of the IY-81 lligh��ay SaEct flan. ji^,4M All r�(•ir j�,`r/� ..�...�..__... .. THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document B141 Standard Form of Agreement Between Owner and Architect 1977 EDITION 7111S DOCUMENT HAS IMPORTANT LEGAI- CONSFQUENCES;CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION AGREEMENT made as of the first (ist) day of June in the year of Nineteen Hundred and seventy-Nine (1979) f BETWEEN the Owner: The City of Wichita Falls, Texas Municipal Auditorium Wichita Falls, TX 76301 and the Architect: Charles Harper Associates, Inc. 4724 Old Jacksboro Highway Wichita Falls, TX 76302 For the following Project: (Include detailed description of Project location and scope.) Rebuilding the Weeks Park Golf Clubhouse on the existing foundation using as much of the tornado damaged building as possible. The floor plan and mechanical, elec- trical, plumbing systems shall be as near as possible to the damaged building. The floor area shall not be increased, but certain minor changes in floor plan arrange= ment shall be coordinated with the owner. The building shall include the golf pro; shop, restroom areas, as well as the snack bar area. The Owner and the Architect agree as set forth below. Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, n 1977 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 2(k)06. Reproduction of the material herein or substantial quotation of its provisions without permission of the AIA violates the copyright laws of the United Slates and will be subject to legal prosecution. AIA DOCUMENT B141 - OWNER-ARCHITECT AGREEMENT - WIRTEENTH EDITION - JULY 1977 - AIAO- ©1977 1HE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1977 1 iI 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 connectio 1 The Architect's Basic Services consist of the five with the Owner's responsibility for filing documents re- phases described in Paragraphs 1A through 1.5 and quired for the approval of governmental authorities ha\- 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 I each in terms the other, subject to the limitations set, 1.5.1 The Construction Phase will commence with the award of the Contract for Construction and, together witlT forth in Subparagraph 3.2.1' the Architect's obligation to provide Basic Services undgr 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 DocL- 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 quaR- ity of the Project or in the Project budget authorized by tity of the Work. On the basis of such on-site observa- the Owner, the Architect shall prepare, for approval by tions as an architect, the Architect shall keep the Owner the Owner, Construction Documents consisting of Draw- informed of the progress and quality of the Work, and ings and Specifications setting forth in detail the require- shall endeavor to guard the Owner against defects and ments for the construction of the Project. deficiencies in the Work of the Contractor. 1.3.2 The Architect shall assist the Owner in the prepara- 1.5.5 The Architect shall not have control or charge of tion of the necessary bidding information, bidding forms, and shall not be responsible for construction mean,, the Conditions of the Contract, and the form of Agree- methods, techniques, sequences or procedures, or fer rnent between the Owner and the Contractor. safety precautions and programs in connection with th 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 • OWNFR-ARCFIITECT AGREEMENT• THIRTEENTH EDITION • IULY 1977 • AIA1' • Gc 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1977 3 I 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 C OHIQ( I DOCLrments,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 *I he Architect shall determine the amounts owing stalled or completed. 1.5.13 The Architect shall review and approve or take to the Contractor based on observations at the site and on evaluations of the Contractor's Applications for Payment, other appropriate action upon the Contractor's submittals and shall issue Certificates for Payment in such amounts, such as Shop Drawings, Product Data and Samples, but as provided in the Contract Documents. only for conformance with the design concept of the Work and with the information given in the Contract 1.5.8 The issuance of 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 they Work is in accordance with the Contract Docu- minor changes in the Work not involving an adjustment ' menu (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- 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 merit. Contractor has used the moneys paid on account of the 1.5.16 The extent of the duties, responsibilities and lim- Contract Sum. itations of authority of the Architect as the Owner's rep- 1.5.9 The Architect shall be the interpreter of the re- resentative during construction shall not be modified or quirements of the Contract Documents and the judge of extended without written consent of the Owner, the Con- the performance thereunder by both the Owner and tractor and the Architect. Contractor. The Architect shall render interpretations nec- 1.6 PROJECT REPRESENTATION BEYOND BASIC SERVICES essary for the proper execution or progress of the Work with reasonable promptness on written request of either 1.6.1 If the Owner and Architect agree that more ex- the Owner or the Contractor, and shall render written de_ tensive representation at the site than is described in cisions, within a reasonable time, on all .claims, disputes Paragraph 1.5 shall be provided, the Architect shall pro- and other matters in question between the Owner and the vide one or more Project Representatives to assist the Contractor relating to the execution or progress of the Architect in carrying out such responsibilities at the site. Work or the interpretation of the Contract Documents. 1.6.2 Such Project Representatives shall be selected, em- 1.5.10 Interpretations and decisions of the Architect shall ployed and directed by the Architect, and the Architect be consistent with the intent of and reasonably inferable shall be compensated therefor as mutually agreed be- from the Contract Documents and shall be in written or tween the Owner and the Architect as set forth in an ex- graphic form. In the capacity of interpreter and judge, hibit appended to this Agreement, which shall describe the Architect shall endeavor to secure faithful perform- the duties, responsibilities and limitations of authority of 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 Lion shall not modify the rights, responsibilities or obliga- the Contract Documwnts. 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. AIA DOCUMENT 6141 • OWNER-ARCHITECT AGREEMENT • THIRTEENTH EDITION - JULY 1977 • AIAA • n 19T, 4 B141-1977 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 of either the Owner or Contractor under the Contract for ronmental studies or comparative studies of prospective Construction. sites, and preparing special surveys, studies and submis- 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 and 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. 1 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 aftO'r 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 witneks requested by the Owner. in connection with any public hearing, arbitration pro- 1,7.7 Providing coordination of Work performed by seeding or legal proceeding. separate contractors or by the Owner's own forces. 1.7.21 Providing services of consultants for other th n 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, eluded in this Agreement or not customarily furnished in analyses of owning and operating costs, or detailed quan- accordance with generally accepted architectural practicje. 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- ods of time required for the Owner's review and appror.11 1.7.12 Making revisions in Drawings, Specifications or 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, he are required by the enactment or revision of codes, laws exceeded by the Architect. or regulations subsequent to the preparation of such doc- uments or are due to other causes not solely within the control of the Architect. ARTICLE 2 1.7.13 Preparing Drawings, Specifications and supporting THE OWNER'S RESPONSIBILITIES data and providing other services in connection with Change Orders to the extent that the adjustment in the 2.1 The Owner shall provide full information regarding Basic Compensation resulting from the adjusted Con- requirements for the Project including a program, which struction Cost is not commensurate with the services re- shall set forth the Owner's design objectives, constraints quired of the Architect, provided such Change Orders are and criteria, including space requirements and relation- required by causes not solely within the control of the ships, flexibility and expandability, special equipment and Architect. systems and site requirements. 1.7.14 Making investigations, surveys, Valuations, inven- 2.2 If the Owner provides a budget for the Project it tories or detailed appraisals of existing facilities, and sely_ (,hall include contingencies for bidding, changes in the ices required in connection with construction perforrned Work during construction, and other costs which are the by the Owner. responsibility of the Owner, including those described n 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 )f any Work damaged by fire or other cause during con- funds available for the Project,and their source. AIA DOCUMENT 8141 - OWNt R-AR(.IIIIECT AGREI MIN I - PIIRIELNIII I DIIION - JUIY 17 7 - AIA�' - (01977 THE AMERICAN INSnIUTE Or ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGION, D.C. 20W6 - B141-1977 5 i 2.3 The Owner shall designate, when necessary, a rep- tiigned, slx'cified, selected or specially provided for by resentative authorized to act in the Owner's behalf with the Architer t. respect to the Project. The Owner or such authorized representative shall examine the documents submitted by s Construction Cost does not include the compen- atin the Architect and shall render decisions pertaining thereto cation of the Architect and the Architect's consultants, promptly, to avoid unreasonable delay in the progress of the cost of the land, rights-of-way, or other costs which the Architect's services, are the responsibility of the Owner as provided in Arti- 2.4 The Owner shall furnish a legal description and a cle 2. certified land survey of the site, giving, as applicable, 3.2 RESPONSIBILITY FOR CONSTRUCTION COST grades and Fines of streets, alleys, pavements and adjoin- 3.2.1 Evaluations of the Owner's Project budget,-Staie- ing property; rights-of-way, restrictions, easements, err- Inents of Probable Construction Co,t 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 e 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 1 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- lisped 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- paragraph 1.1.2 or Paragraph 2.2 or otherwise, unless such 1 in- 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 if 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 per- tingencies for design, bidding and price escalation, to de- poses the Contractor uses the moneys paid by or on be- terrnine What materials, equipment, component systems half of the Owner. and types of construction are to be included in the Con. tract Doc uments, 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 anunnll of any increase in the Contract Sum oculning thereof. after execution of the Contract for Construction. 2.9 If the Owner ohwrves 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 jested 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) if negotiating of the Project within a reasonable time 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. "cope and qualify I y as requned to reduce the Constnlctlon 3.1.2 The Construction Cost Shall include at Current Cost. In the case of (4), provided a fixed limit of COnsIrUC 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 went, 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 6141-1977 AIA DOCUMENT B141 • OWNER-ARCIII II_( I AGRI[Nit NI 1111RIfI NIII I UITION • IULY I'I;i • Al A-'. COV),7 rIIE AMERICAN INsMUTF OF ARCTIIII(_IS, 1735 NI W YORK AVINUI, N.W., �%ASIIINGION, D.C. 20(X)6 i with the fixed limit. The providing of such service shall he or extended through no fault of the Architect, compensa- Ihe limit of the Architect's responsibility arisirw, from the tion for any Basic Services required for such extended establishment of such fixed limit, and having dune so, the period of Administration of the Construction Contract Architect shall be entitled to compensation for all services shall he 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 he 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. I fits, insurance, sick leave, holidays, vacations, pensions 6.2 PAYMENTS ON ACCOUNT OF and similar contributions and benefits. ADDITIONAL SERVICES i 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 staternent of services 5.1 Reimbursable Expenses are in addition to the Corn- 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 j Project for the expenses listed in the following Sub- compensation on account of penalty, liquidated damages paragraphs: or other sums withheld from payments to contractors, or 5.1.1 Expense of transportation in connection with the on account of the cost of changes in the Work other than Project; living expenses in connection with out-of-town those for which the Architect is held legally liable. travel; long distance communications, and fees paid for 6.4 PROJECT SUSPENSION OR TERMINATION securing approval of authorities having jurisdiction over 6.4.1 If the Project is suspended or abandoned in whole the Project. or in part for more than three months, the Architect ~hall * 5.1,2 Expense of reproductions, postage and handling of be(ornpensated for all services performed prior to receipt j 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 Architect's consultants. due and all Termination Expenses as defined in Paragraph j 5.1.3 Expense of data processing and photographic pro- 10A. If the Project is resurned after being suspended for duction techniques when used in connection with Addi- snore 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 ** Delete this paragraph. 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 ur 7.1 Records of Reimbursable Expenses and expenses per- limits, including professional liability insurance, requested raining to Additional Services and services performed on by the Owner in excess of that normally carried by the the basis o1 a Multiple of Direct Personnel Expense shall Architect and the Architect's consultants. be kept on the basis of generally accepted accounting principles and shall be available to the Owner or the, Owner's authorized representative at mutually convenient ARTICLE 6 tunes. 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 instrurllentS of serv- ice are and shall remain the property of the Architect 6.1.2 Subsequent payments for Basic Services shall he 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 • UwNI R-ARCHITECT AGR1(MINI • 1111R111 N111 EDITION • 1(11 1117 - AIA^" • <i 1077 THE AMERICAN INSTITUIr_ Or ARCIITECIS, 1735 NEW MURK AVENUE, NW., wASHINGIOU, DC 20006 8141_1977 7 * 1 ; ntc of the construction documents shall be fur11.1 shed by the architect as part of the basic services. i other projects, for additions to this Project, or for comple.- 10.4 Termination Expenses include expenses directly at- hon of this Project by others provided the Architect is not trihul.lhle 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. lion earned to the time of termination, as follows: 8.2 Submission or distribution to meet official regulatory .1 20 percent if termination occurs during the Sche- requirements or for other purposes in connection with the rnatic 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 9.1 All claims, disputes and other matters in question between the parties to this Agreement, arising out of or MISCELLANEOUS PROVISIONS relating g to this Agreement or the breach thereof, shall be, 11.1 Unless otherwise specified, this Agreement shall be decided by arbitration in accordance with the Construe- governed by the law of the principal place of business of lion Industry Arbitration Rules of the American Arbitra- the Architect. I tion Association then obtaining unless the parties mUtu- 11.2 Terms in this Agreement shall have the same mean- ally agree otherwise. No arbitration, arising out of or re- ing as those in AIA Document A201, General Conditions lating to this Agreement, shall include, by consolidation, of the Contract for Construction, current as of the date joinder or in any other manner, any additional person not of this Agreement. a party to this Agreement except by written consent con- 11.3 As between the parties to this Agreement: as to all taining a specific reference to this Agreement and signed ticts or failures to act by either party to this Agreement, ' by the Architect, the Owner, and any other person sought any applicable statute of Limitations shall commence to to be joined. Any consent to arbitration involving an ad- run and any alleged cause of action shall be deemed to ditional person or persons shall not constitute consent to have accrued in any and all events not later than the rele- arbitration of any dispute not described therein or with vant Date of Substantial Completion of the Work, and as any person not named or described therein. This Agree- to any acts or failures to act occurring after the relevant ' ment to arbitrate and any agreement to arbitrate with an Date of Substantial Completion, not later than the date of additional person or persons duly consented to by the issuance of the final Certificate for Payment. parties to this Agreement shall be specifically enforceable under the prevailing arbitration law. 11.4 The Owner and the Architect waive all rights 9.2 Notice of the demand for arbitration shall be filed in against each other and against the contractors, consult- ants, agents and employees of the other for damages cov- writing with the other party to this Agreement and with ered by any property insurance during construction as set the American Arbitration Association. The demand shall forth in the edition of AIA Document A201, General Con- be made within a reasonable time after the claim, dispute ditions, currant as of the date of this Agreement. The or other matter in question has arisen. In no event shall Owner acid the Architect each shall require appropriate the demand for arbitration be made after the date when similar waivers from their contractors, consultants and institution of legal or equitable proceedings based on agents. such claim, dispute or other matter in question would be barred by the applicable statute of limitations. ARTICLE 12 9.3 'The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with SUCCESSORS AND ASSIGNS applicable law in any court having jurisdiction thereof. 12.1 The Owner and the Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and ARTICLE 10 to the partners, successors, assigns and legal representa- TERMINATION OF AGREEMENT tives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall 10.1 This Agreement may be terminated by either party assign, sublet or transfer any interest in this Agreement upon seven days' written notice should the other party Without the written consent of the other. fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. 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 (he event of termination not the fault of the Ar- agreement between the Owner and the Architect and chitect, the Architect shall he compensated for all Services supersedes all prior negotiations, representations or agree- performed to termination elate, 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. 6141-1977 AIA DOCUMENT B141 • OWNrR ARCHn1.( I A(,R1IMrNl • 1111RIHN111 11)111ON . II!IY 1477 . AIA< ��_. 19,7 T11E AMERICAN INS111U1E Or ARCIIIIL( Is, 173, NLW YORE. AVINUr, NSV'. %bASIIIWJON, DA :pOUb i 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 N/A dollars($ ) shall be made upon execution of this Agreement and credited to the Owner's account as follows: it 14.2 BASIC COMPENSATION i i 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 per(entages, and identify Phases to which particular methods of compensa- tion apply, if necessary.) Compensation shall be based on one -of the following percentages of the construction cost as defined in Article Three (3) : I For portions of the contract to be awarded under: i A single, stipulated sum of construction contract: Ten and one-half percent ,! (10.5%) A separate, stipulated sum of construction contract: Twelve percent (12 ) i i 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 `y,) Bidding or Negotiation Phase: Five percent ( 5 %) Construction Phase: Twenty percent (20 %,) Total: One—Hundred percent.(100„) 14.3 FOR PROJECT REPRESENTATION BEYOND 13ASIC SERVICES, as described in Paragraph 1.6, Compensation shall be computed separately in accordance with Subparagraph 1.6.2. AIA DOCUMENT B141 • OWNI-R AR(�IIIM-1 AGR[[M[NT • 1111Rf11NTII ID111ON • It)[)' P)-7 • AIA60• (?1977 lllf AMI_RICAN IN511TIM Of ARCIIII[CTS, 1735 N[W YORK AVENUE, N.W, WASIIIN(110N, D.C. 2(X)06 B141-1977 9 *Delete Par, graph 14.1. i 14.4 COMPENSATION FOR ADDITIONAL SERVICES 14.4.1 FOR ADDITIONAL SERVICES OF I If: ARCI III ECT, 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 rate; and,'ur multiples of V,re(i Pennon,) t,pemo lur p"o''pal, and employees. and identity 1'mugw'i and classify employees, if required. Identify specific services to which particular nwiliods of tompenwunn it necessary.) The Principals, time at the fixed rate of Forty—five Dollars ($45.00) per hour. For the purposes of this agreement, the Principals are: Charles F. Harper, Architect; Ralph B. Perkins, Architect; Jim Persons, Engineer; Ray Howell, Engineer. Employees' time at a Multiple of three (3) times their Direct Personal Expense a defined in Article Four (4) . The Direct: Personal Expense of each employee shall be at the current rate at the time of the billing. i i I ' I 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 1/2 1 nines the amounts hilledl to the Architect for such services. (Wentily specific types of consultants in Article is, it w(Imfed) 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 two—tenths ( 1.2 ) times the amount,, ex- pended by the Architect, the Architect's employees and consultants in the interest of the Project. 14.6 Payments clue 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.) `fell percent (10%) per annum ' (IIsury lasses anti requ It,n or is tutder the federal moth rn I ending rji t, sunrl,t, r and hu,il nnsuniry r,•drt /,nr.Owner's and Architect's pnneip.d places of business, (Ire Intatlon ref thi 1'rntett and elsewhere may att-t the vaLdrty of this wovmsurnrt titperi hr atttga advice should hi, obtained with respect to dcletirrn, mndiiirahon nt other rc(Iunernents it,I, as ssrntten rl-1—tit•, or wailers) 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 tale Project or of the Architect's Services is changed materially, the aniounts of compensation shall be equitably adjusted. 14.7.2 IF THE SERVICES covered by this Agreement have not been completed within Eicthteen (18) 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 8141-1977 AIA oocUMENI a141 • oWNlk-AR(Ifjll( I ;VGRII,"rNI • ulihlrl^:111 INHON • lt�u' Ir+-7 . ,vn� . �,lr;THE AMERICAN INS11TUrE OF ARCIIIIL( IS 1735 NEW )OI:k AViNUE, NW, 11'SHINGION, D.C. ARTICLE 15 OTHER CONDITIONS OR SERVICES 15.1 The scope of services on page 1 is based on the apparent work from physical observation of the damaged golf course clubhouse building in Weeks Park, and from inspecting the plans of the existing building prepared by Wingler and Sharp, Architects. The scope of the work does not anticipate any problems such as sewage not working under the slab, and any other problems such as that, but if encountered shall be corrected in our plans. The scope of the work includes putting back in the equipment that was in the existing building and should not exceed the sizing required of the existing sewage and water lines. If redesign of those existing now covered utilities are required, the Architect shall redesigns those at the same compensation rate .in Article 14. I i I AIA DOCUMENT 9141 • OWNER-ARCIIIIFCI AGREEMENT • 1111RII IN I I I EI)III()N • JULY 1977 • AIA^" . O Ig77 IIIE AMLR1(AN INSIIIUIL_ OF AR(_I1111CIS, 17.15 Ni%V YORK AV[NUI, NW., WASIIINGION, 1).('. 20()0(, B141-1977 11 i Ili This Agreement entered into as of the day and year first written above. OWNER ARCHITECT _City of Wichita Falls, Texas -- CAay,.les Harper Asso ates Inc. BY— __ _-- BY-- G . �ald G. Fox, C1 y Manager Charles F. Harper AIA President, Texas Registration No. 2273 "'t},e Tx-,;is As record, .1 in the minutes (-)f the Wichita F=ills City Council TtTeetiny of 1979. _ _ �� T4�-��77 AIA DOCUMENT D111 • (ri%'N(R.AR(III If(A A(.R[I1.if NI MIRIII N111 1I)IIIUN • JULY 1977 • AIA10 • P 1977'. 111E AMERICAN IN",IIIUIE OI ARCHITECTS, 1715 NEW YORK MLNUL, N.AV'., MSHINGION, D.C. 20006; STATE GP TEXAS COUNTY OF WICHITA FIFTH AMENDMENT TO LEASE AGREEMENT WHEREAS, heretofore, the City of Wichita Falls and Beacon Baptist Church entered into a lease agreement dated April 20 , 1971, whereby the City leased to the Chtirch a certain tract of land containing 0. 25 acre out of Lot 1-B, as shown on the replat of Lot 1, Block 7 , of the Bellevue Addition to the City of Wichita Falls; and, WHEREAS, the City and Church thereafter amended the lease to extend t1le terms thereof to December 31 , 1980f and, WHEREAS, the Church has requested that the ""ity extr2nd the term of this lease to December 31, 1982 ; and, WHEREAS, the City is agreeable to such extension of said lease if in addition the rent is renegotia (:ed. NOW, THEREFORE, for and in consideration of the premises and the Mutual covenants herein contained, the City of Wichita Falls and the Beacon Baptist Church do hereby agree that such lease dated April 20 , 1971 , as amended, be and the same is hereby further amended as follows : Section 2 of such lease agreement is amended so that the term of such lease shall be extended to Decembe'r. 31 , 1-982 ; 3 , of 1—ich lease agreement is amended so that the rental shall b�-> One Thousand Five Hundred 500) Dol.1ars tc.,�- tll'.i_ ]L'. t: year, and, One Thousand dal.x fli.,,ndred Fifty ($1 ,650) Dollars for the secona year, which rental shall be payable in equal monthly installments, each installment being payable in advance. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day of December, 1980. CITY OF WICHITA FALLS, TEXAS BY: Stuart Bach, City Manager ATTEST: City Clerk Beacon Baptist Church BY: it �� C y, SERVICE CONTRACT CHTLD CARE, INC. THIS AGREEMENT, entered into on this by and between Child Care, Inc. , herein called the "Contractor" and the City of Wichita Falls, Texas, herein called the "Planning Agency", WITNESSETH THAT: A WHEREAS, the Planning Agency desires to engage the Contractor to render certain professional services hereafter described in connection with an undertaking which is expected to be financed by the Planning Agency. NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. Employment of Contractor. . The Planning Agency hereby agrees to engage the Contractor and the Contractor hereby agrees to perform in cooperation with the Planning Agency. 2. Area Covered. The Contractor shall perform all the necessary services provided under this contract in connection with and respecting the following area: the incorporated area of the City of Wichita Falls, particularly respecting the needs of Planning Sector 2, as shown on the attached map. 3. Scope of Services. The Contractor shall do, perform, and carry out in a satisfactory and proper manner, determined by the Planning Agency, the following services: Provision of day care services in accordance with the Texas State Minimum Standards for Day Care Centers and provision of meals in accordance with U.S.D.A. Child Care Food Program Standards for a goal of serving forty-five (45) children from low and moderate income families from three (3) months to six (6) years of age. Seventy-five percent (75%) of the children served will reside in Planning Sector 2, which contains Census Tracts 103, 104, and 105. The s provision of such services will include: (a) purchase of necessary equipment and supplies, (b) building modifications necessary to convert a wing of Martin Luther King Center into an area suitable for a day care center. Page 3 of 10 Pages Agenda Item No. 5.g. -z- (c) operational costs not covered by fees. 4. Personnel. (a) The Contractor represents that he has, or will, secure all personnel required in performing the services under this contract. Such person- nel shall not be employees of or have any contractual relationship with the Planning Agency. (b) All of the services, required hereunder will be performed by the Contractor or under its supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized tinder State and Local law to perform such services. (c) None of the work or services covered by this contract shall be subcontracted without the prior written approval of the Planning Agency. 5. Time of Performance. The services of the Contractor are to commence on or prior to January 1, 1981. All of the services required hereunder shall be completed by September 30, 1981. The Contractor shall also present a monthly progress report by the fifth day of the following month to the Planning Agency which will list the number of children served by address. 6. Compensation. The Planning Agency agrees to pay the Contractor a sum not to exceed $100,000, less the total amount paid to the Contractor prior to the date of this contract for the services to be provided herein. 7. Method of Payment. The first payment will be made in advance based on an estimate of the first month's normal operating expenditures. Each month's payment, after the first month, will be based on the actual normal operating expenditures of the previous month. The Contractor will submit documen- tation of monthly expenditures to the Planning Agency. 8. Termination of Contract for Cause. If, through any cause except for fault of Planning Agency, the Contractor shall fail to fulfill in timely and proper manner his obligations under this contract,; or if the Contractor shall Page 4 of 10 Pages Agenda Item No. 5.g. -3- violate any of the covenants, agreements, or stipulations of this contract, the Planning Agency shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. The Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed prior to such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the Planning Agency for damages sustained by the Planning Agency by virtue of any breach of the contract by the Contractor, and the Planning Agency may with- hold any payments to the Contractor for the purposes of setoff until such time as the exact amount of damages due the Planning Agency from the Contractor is determined. 9. Termination for Convenience of Planning Agency or Contractor. If either party to this agreement should desire to terminate it prior to the date of expiration, they may do so by giving sixty days notice in writing to the other party of their intention to terminate this agreement; otherwise, this agreement shall continue in full force and effect until the expiration of the term set out above. 10. Termination of Contract for Cause by the Contractor. If work is stopped for a period of thirty (30) days by the Planning Agency, or as a result of an act of government, such as a declaration of a national emergency, through no act or fault of the Contractor, then the Contractor may, upon seven (7) additional days' written notice to the Planning Agency, terminate the contract and recover from the Planning Agency payment for all work executed. 11. Changes. The Planning Agency may, from time to time, require changes in the scope of services of the Contractor to be performed hereunder. Page 5 of 10 Pages Agenda Item No. 5.g. i -5- or guidelines as the Department of Housing and Urban Development (HUD) may issue to implement this project. 13. Interest of Members of Planning Agency and Others. No officer, member, or employee of the Planning Agency and no members of its governing body of the locality or localities in which the Project is situated or being carried out who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this Project, shall participate in any decisions relating to this contract which affects his personal interest or the interest of any corporation, partnership, or association in which he is, direct or indirect, in this contract or the proceeds thereof. 14. Assignability. The Contractor shall not assign any interest in this contract, and shall not transfer any interest in the same (whether by assignment or notation) , without the prior written consent of the Planning Agency thereto: Provided, however, that claims for money due or to become due to the Contractor from the Planning Agency under this contract may be assigned to a bank, trust company, or other financial institution without such approval, notice of any such assignment, or transfer shall be furnished promptly to the Planning Agency. 15. Interest of Contractor. The Contractor covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed in this contract. The Contractor further covenants that in the performance of this contract no person having any such interest shall be employed. 16. Officials Not to Benefit. No members of or delegate to the Congress of the United States of America, and no resident commissioner, shall be admitted to any share or part hereof or to any benefit to arise herefrom. Page 7 of 10 Pages Agenda Item No. 5.g. 17. Identification of Documents. All reports and other documents completed as a part of this contract, other than documents exclusively for internal use within the Planning Agency, shall carry the following notation on the front cover or a title page : m The preparation of this report, document, etc. was financed by the City of Wichita Falls with Community Development Block Crant funds, together with the date (month and year) the document was prepared. 18. Publication, Reproduction and Use of Material. No material o produced in whole or in part under this contract shall be subject to copyright in the United States or in any other country. The Planning Agency, HUD, and Contractor shall have unrestricted authority to publish, disclose, distribute, and otherwise use, in whole or in part, any reports, data, or other materials prepared under this contract. 19. Audits and Inspections. At any time during normal business hours as often as the Planning Agency or HUD may deem necessary, there shall be made available to the Planning Agency or HUD for examination all. of its records with respect to all matters covered by this contract and will permit the Planning Agency or HUD to audit, examine and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this contract. It is understood that the Contractor's accounting system is based upon the requirements of the Federal Procurement Regulation and Cost Accounting Standards. Page 8 of 10 Pages Agenda Item No. S.g. -7- IN WITNESS WHEREOF, the P]_anning,(lgency and the Contractor have executed this agreement as of the date first above written. ° b Stuart Bach, City Manager Ellen Dean, President - Board of Directors ATTEST: ATTEST: Page 9 of 1_0 Pages Agenda Item No. 5.g. CITY OF WICHITA FALLS SECTOR LOCATION . r'�M LIMIj 13 Ca m I a� t 12 V a4'A F�q i�k� Rp ry S/pE. G1 14 CITY LIM11S DLD U, IIwY2t3; J ' t- �4 ?IVCH � I s 3 0 R NORTH '= r ti 10 Ow SF' LANSING RU P Z SI'Eh D'iu1Y O N HOLLIDAY-- HS 84-287 ,'6 LAWRENCC 9 t ✓ LIMITS Rk m P( HAMPSTEAD m CITY 6 <� 4 0 7 N Y U SOt111iWC5T o: n r N U � C Y 's !AXf :IiCr//7A 4 Page 10 of 10 Pages Agenda Item No. 5.g. I GAB Contract Services Tailored Especially for C-,ity of Wichita Falls, Texas P. O. Box 1431 Wichita Falls, Texas 76307 Contract for Administrative, Investigative and Adjustment Services for Auto Liability claims. Period September 1, 1980 through September 30, 1981 covering Losses and Claims X occurring reported during period Price $110.00 per occurrence Premium Base Rate of h Deposit payments of i_ monthly. Final payment Deferred to Territory City of Wichita Falls, Account(s) Customer Contact City of Wichita Falls, Texas Address P. O. Box 1431, Wichita Falls, Texas '76307 Telephone GAB Account Executive Karl Giessmann GAB Dallas, Texas Telephone 214-526-7971 Renewal Agreement To be negotiated Terms: GAB Business Services, Inc. , 123 William Street, New York New York 10038 (hereinafter referred to as GAR) agrees GAB Contract Services Contract Cont. Page 2 of 4 to provide all its usual administrative, investigative and adjustment services to City of Wichita falls in connection with Auto Liability claims during a period of 13 months commencing with September 1, 1980 through September 30, 1981 in accordance with the requirements of any regulatory authority having juris- diction. 1. In consideration of the contract agreement , GAB agrees to provide all its usual -administrative, investigative and adjustment services with no additional charge, except for the following: a. City Attorney will provide all defense attorney's services, either through his office or outside counsel, and City will be responsible for paying for such services. b. City of Wichita Falls agrees to pay the colt of all experts and progessional assistance required to investigate and adjust claims. All such costs shall have the prior approval of the City. C. GAB may submit any invoices or request for payment of fees of attorneys, experts and other professional assistance as described in la and lb above to City of Wichita Falls for payment approval. If so instructed by City of Wichita Falls GAB will make payment as outlined in paragraph 4A. Such expenses shall be classified as "allocated expenses" defined as legal fees, court costs, independent medical examinations, and such other professional assistance as is necessary to properly handle all matters assigned to GAB and which it is not possible or feasible for GAB to provide with its own personnel. No such expenses shall be incurred without prior approval of City. Allocated expenses, when paid by GAB, will be shown on draft copies as expense items. 2. GAB will forward its recommendations regarding claim payments to the City of Wichita .Falls for final disposition including payment. 3. Additional services included in this contract for service are as follows: a. GAB will provide a Key Account Representative at Wichita Falls, Texas. Key Account Representative will provide liasion between City of Wichita Falls, their representatives and GAB. 4. The contract price payable to GAB shall be determined in accordance with the following. a. GAB shall charge $110.00 per occurrence. The customer will be billed for each individual file including allocated expenses paid by GAB, and bill will be submitted with closirng report. Customer will pay each invoice as submitted. GAB Contract Services Contract Cont. Page 3 of 4 b. It is mutually agreed and understood that during the term of this agreement GAB is the only claims administrator of City of Wichita falls in connection with Auto Liability claims. All new notices of such claims during the terms of this agreement will be forwarded only to GAB Eor the purpose of providing administrative, investigative in d adjustment services, and City of Wichita Falls shall not forward or assign new notice to any claims administrator or person other thari GAB, excepting cases where there is apparently no liability on the part of City and these cases will not be assigr«�d to anyone except City Attorney or Risk Management Administrator. Any occurrence forwarded to GAB more than 30 days after date of loss shall be handled on a time and expense basis per GAB published schedule. C. GAB shall at reasonable times and during normal business hours, either through its own employees or through its accountants or auditors, have the right to inspect the books and records of City of Wichita Falls for the sole purpose of verifying total number of claims. 5. The contract covers the initial period of thirteen (13) months stated herein. Any continuation or renewal shall be the subject of further negotiation between the parties. if the contract is not renewed, City of Wichita Falls shall exercise onc- of the following options: a. City of Wichita Falls may require GAB to conclude the handling of all open claims occurring during the contract period. b. City of Wichita Falls may require GAB to return all open files at the expiration of the contract. 6. At the conclusion of the terms of this cant-Lact, an accounting shall be made subject to paragraph 4a of, the amount due either party under the terms of the contract but in no event shall the payment of the amount due either party be deferred beyond August 31, 1982. 7. Indemnity Agreement - City of Wichita Falls agrees that it will defend and indemnify GAB against all claims, demands, proceedings, actions, damages, costs, and expenses to which GAB may be subjected as a consequence of fulfilling its obligations under this agreement, if not caused by the willful misconduct or negligence of GAB employees, whether or not caused by the willful misconduct or negligent acts of City of Wichita Falls or its employees. 8. Indemnit.y Agreement - GAB agrees tliat it will defend and indemnify City of Wichita Falls against all claims , demands, proceedings, actions, damages, costs, and expenses, to which City of Wichita Falls may be subjected solely as a consequence of the willful mis- conduct or neqligent acts or omissions (.)f GAB, .its employees or servants in connection with fulfilling its obligations under this agreement. I r GAB Contract Services Contract Cont. Page 4 of 4 9. During the period of this agreement, and to a ,.triad of one (1) year thereafter GAB agrees not to solicit for employment, or employ, any City of Wichita Falls employee can tactud during the performance of this agreement; and City of Wichita Falls agrees not to solicit for employment or employ during the period ;>t this agreement and for a period of one (1) year thereafter any employee of GAB contacted by City of Wichita Falls during the performance of this agreement. 10. It is agreed that this contract shall be interpreted and construed in accordance with the laws of the State of Texas. 11. The provisions set out herein constituted the wAole and entire agreement between the parties hereto and may be altered only by mutual agreement, reduced to writing and executed by authc,rized orricers of both parties. GAB BUSINESS SERVICES, INC. By. Senior Vice President Witness Date CITY OF WICHITA FALLS, TEXAS By. Witness Date m SECTION 8 ADMINISTRATIVE CONTRACT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WICHITA This agreement made and entered into this the day of , 1980, by and between the City of Wichita Falls, Texas, a municipal corporation, hereinafter called City, and Community Action Corporation of Wichita Falls and North Texas Area, hereinafter called CAC. WITNESSETH: FOR AND IN CONSIDERATION of the mutual covenants herein contained, City and CAC agree as follows: I. CAC shall administer the program of providing lower-income housing assistance within the City of Wichita Falls, Texas, under the authority of Sec. 8 of the Housing and Community Development Act of 1974, Pub. L. 93-383; 88 Stat. 633; and codified as 42 U.S.C.A. SEC. 1437f. City shall be contracting with the United States Department of Housing and Urban Development (hereinafter referred to as HUD) for the administration of the City strictly for the administration of this program. All contacts with HUD regarding this program shall be made through City. II. CAC shall comply with all the provisions of the Administrative Plan for the Operation of the Housing Assistance Payment Program of the City of Wichita Falls, Texas, which is attached hereto as Exhibit "A", the provisions of which are incorporated herein. III. The term of this agreement shall be from January 1, 1981 to midnight, December 31, 1981. If either party to this agreement should desire to terminate it prior to the date of expiration, they may do so by giving thirty days notice in writing to the other party of their intention to terminate this agreement; otherwise, this agreement shall continue in full force and effect until the expiration of the term set out above. Page 3 of 17 Pages Agenda Item No. 10.b. CAC shall submit a statement to City each month for expenses incurred during that month. CAC shall keep all necessary supporting data and documentation on all expenditures under this program. City shall receive an itemized list of expenses once a month, signed by the Executive Director of CAC, showing the expenses incurred by CAC during that month. Statements from CAC for reimbursement of expenses which are received by City on Tuesday shall be paid the following Monday. Total costs incurred each year under this paragraph shall not exceed the Annual Budget approved by the City. V. Staff persons employed by CAC to administer this program shall be included in the regular payroll of CAC which the City processes. VI. CAC shall maintain supporting data and documentation for all expenses incurred in administering this program in a manner and in such condition as to be suitable for an unannounced federal financial audit. This data and documenta- shall be in compliance with Paragraph 2.13 of the Annual Contributions Contract and in accordance with Chapter 3 of HUD Handbook 7420.6 and shall be provided in sufficient detail to the City in order to meet HUD accounting standards for the Section 8 program. Other supporting financial information and program documenta- tion shall be provided to the City as necessary. VII. City shall maintain a bank account and a basic general ledger on an accrual basis, prepare a monthly financial statement and make payments on CAC certified expenses. -2- Page 4 of 17 Pages Agenda Item No. 10.b. VIII. City's liaison with CAC shall be the Principal Planner for Community Develop- ment in the Planning Department of the City of Wichita Falls or an appointed designee. All questions and problems concerning accounting, fiscal management and other matters of concern to CAC regarding the administration of this program shall be directed to City's liaison who will seek out the correct information and respond as quickly as possible. IX. All contacts with HUD offices shall be made by City, including fund requests, policy questions, and requests for increases in the fair market rent for the number of units authorized under this program. X. CAC shall submit a list of landlords, tenants -and amounts due to be paid to these individuals, to City on the third Tuesday of the month, for payment on the Monday nearest the first of the month. This list shall include any changes made during the month. XI. CAC shall comply with the provisions of the Equal Opportunity Housing Plan (EOHP) attached hereto as Exhibit "B", which are expressly incorporated herein and made a part of this agreement. It is expressly agreed that the EOHP may be amended at any time by mutual agreement in writing signed by both parties to this agreement. XII. CAC shall hold City harmless from any damages or injury to persons or property and from any responsibility for any financial errors caused by or arising out of CAC's operation and administration of the Sec. 8 Housing Assistance Program for City. _3 Page 5 of 17 Pages Agenda Item No. 10.b. XIII. CAC shall comply with the provisions contained in the Terms and Conditions Constituting Part II of the Annual Contributions Contract, a copy of which is attached hereto as Exhibit "C", and which are expressly incorporated herein and made a part of this agreement. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be signed as of the day and year first above written. CITY OF WICHITA FALLS, TEXAS BY: Stuart Bach, City Manager ATTEST: CITY CLERK COMMUNITY ACTION CORPORATION OF WICHITA FALLS AND NORTH TEXAS AREA BY: Angus Thompson, Executive Director ATTEST: Approved as to form: City Attorney Page 6 of 17 Pages Agenda Item No. 10.b. -4- COMMUNITY ACTION CORPORATION SECTION 8 BUDGET 1981 Salaries (Housing Director and Secretary) $20,700 Salary (Part-time employee) 5,740 Memberships 150 Travel 1,400 Supplies 775 Telephone 400 Unemployment Insurance 100 Workman Compensation 165 F.I.C.A. 1,760 Health Insurance 725 Advertising 250 Postage 600 TOTAL $32,765.00 Page 8 of 17 Pages Agenda Item No. 10.b. CITY OF WICHITA FALLS ADMINISTRATIVE PLAN FOR THE OPERATION OF THE HOUSING ASSISTANCE PAYMENTS PROGRAM I. STATEMENT OF OVERALL APPROACH AND OBJECTIVES IN ADMINISTERING THE SECTION 8 EXISTING HOUSING PROGRAM A. The Section 8 Housing Assistance Payment Program will be operated by the Community Action Corporation of Wichita Falls and North Texas Area under a subcontract with the City of Wichita Falls. The City will monitor the operation of the subcontract through the Community Development Section of the Planning Department. Unit inspections will be accomplished through the Code Enforcement section of the Building Inspection Department. Fiscal management of the program will be accomplished by the Division of Accounting and Finance. Community Action Corporation will employ a housing administra- tor and secretary to accomplish day-to-day program operation. This operation will be monitored by the Executive Director of CAC with quarterly visits by City staff or more frequently if needed. It is expected that this framework will provide sufficient monitoring and supervision to ensure compliance with all regulations governing this program. B. An attitudinal survey of participants conducted in May, 1978, revealed that very few families would need or want to move as a result of program partici- pation. Specifically, seven percent of the families interviewed stated that if afforded the opportunity, a move would be desirable. When questioned further, it was ascertained that the move would be from one impacted area to another. C. The quantity and quality of housing available to program participants is considered to be sufficient in all areas of the City for the operation of this program. Past experience has demonstrated that sufficient owner response in present in the City. Further, code enforcement inspections have revealed that the housing quality is acceptable. However, the activa- tion of available housing must be stimulated through the marketing methods described in the Equal Housing Operation Plan, Objective I. D. All eligible participants will be provided assistance in locating suitable housing. The Housing Administrator will maintain a listing of all past and current owners. This listing will be made available to all participants. The participant will be encouraged to contact other owners within the City as well. If discriminatory practices are encountered in the housing search, the procedures identified in the Equal Housing Opportunity Plan will be employed. To ensure that this listing remains current, the Housing Director will update this listing on a quarterly basis. E. The Housing Director will create and maintain a listing of available housing units by bedroom size and current rent. This will be accomplished by surveying current Section 8 owners, local property management concerns, newspaper listings and contacts through the Rental Property Association. To maintain a current listing, a monthly telephone survey will be conducted to provide updates. II. PLANS FOR THE ADMINISTRATION OF PROGRAM FUNCTIONS A. Outreach to Families and Contact with Owners 1. Generally, the outreach procedures described in Equal Opportunity Housing Plan (EOHP) in Section I will be employed. In the event this Page 9 of 17 Pages Auenda Ttem No. 10.h. ADMINISTRATIVE PLAN, page 2 effort does not produce an application group consistent with the goal, an intensification of advertising through area media and a concentra- tion of outreach programming in neighborhood action groups will be utilized. 2. In the event the outreach plan stimulates a flow of applicants greater than the capacity to accommodate the flow, a waiting list and/or a suspension of application-taking will be initiated as described in the EOHP, Section III-A. 3. Owners and the real estate community will be informed of the program utilizing the procedures described in the EOHP, Section II. 4. To ensure that sufficient units are located outside areas of impaction, the Community Development Section of the Planning Department will monitor the location of all units. If sufficient units are not evident, then an intensification of outreach to owners and property managers will be accomplished. B. Completion of Applications, Determination of Eligibility and Selection of Families. 1. Pre-applications will be accepted by mail and in person and will be time and date stamped. The Housing Administrator will set up an appointment for each family as the pre-applications are received. Applicants will be informed to bring all necessary data to complete their application. The Housing Administrator will assist each appli- cant during the appointment in the completion of the full application. Preliminary eligibility will be determined at this time. If the appli- cant appears to be eligible, he will be given a certificate holders packet. The Housing Administrator will explain all items contained in the certificate holders packet as well as 1) how to find a suitable unit, 2) the need to shop around, 3) the shopping incentive credit 4) the known available units, 5) the implication of the utility allowance, 6) lease procedures, and 7) tenant rights and responsibilities. If the pre-application procedure results in more applications than units, a waiting list will be developed. This list will provide information sufficient to determine priorities for assignment to units as units become available. If the waiting list becomes such as to preclude a family from receiving a unit in a calendar year, application-taking will be suspended in accordance with the EOHP, Section III-A. 2. The two basic criteria for eligibility in the Wichita Falls program are: (a) the applicant must qualify as a family, and (b) the family gross income must fall within the income limits for the City. Other factors affecting applicant eligibility have been adopted by the City as described in HUD Handbook 7420.7, Chapter 4-4c(1)-(4) . Page 10 of 17 Pages Agenda Item No. 10.b. ADMINISTRATIVE PLAN, page 3 Verification of the eligibility documentation provided shall be done by the IT..ousing Administrator using documents provided by the family, mailing forms to the source of income, and contacting the source directly if there is a delay. The Office of the Executive Director of Community Action Corporation will review twenty percent (20%) of the income verifications performed by the Housing Administrator to insure the accuracy of the calcu- lations. If the income is verified as eligible, a certification of family participation will be signed by the Housing Administrator and the family notified by mail. The certification may be either mailed to the eligible participant or picked up by the family in the Housing Assistance office. 3. If an applicant is found to be ineligible, the applicant will be noti- fied in writing. This notification shall include information for requesting an informal hearing if the applicant desires. 4. The City of Wichita Falls will give preference to certain groups of applicants. The Housing Administrator will use the priority ranking listed in the EOHP, Section III-B. These priorities will facilitate the selection of families to be assigned within each unit size. 5. The Housing Administrator will monitor and review the characteristics of applicant families to insure that 1) 30% of the participants are very low-income families, 2) distribution between elderly/nonelderly authorized is maintained, 3) unit size authorization is maintained, and 4) the number of HAP contracts does not exceed the number of units authorized. Although current regulations provide for exceeding the various distributions, in no case shall the Housing Administrator exceed distributions authorized without obtaining prior approval of the Director of Planning. CD Section will monitor distributions on a monthly basis to insure adherence to authorized distributions. C. Verification of Income and Determination of Gross Family Contribution and Rent Credit 1. The procedures to be followed in verification of income will be as described in II-B-2b. 2. The Housing Administrator will be responsible for determining the amount of Gross Family Contribution (HUD 7420.7 Chapter 4) . The Office of the Executive Director of CAC shall review twenty percent (20%) of the determinations in order to insure accuracy of the calculations. On a quarterly basis, the CD Section of the Planning Division will perform a monitoring visit. At this time a spot-check of calculations will determine that proper procedures are being followed. page 11 of 17 pages Agenda Item No. 10.b. I ADMINISTRATIVE PLAN, page 4 D. Briefing of Families and Issuance of Certificates 1. The methodology to be followed in providing information concerning the program will be that described in the EOHP at Objective I. 2. The additional assistance to be provided families approaching expira— tion of certificates will be on an as needed basis to be performed by the Housing Administrator. In the case of an encountered housing discrimination, the procedure listed in the EOHP Section IV will be provided. 3. If it becomes necessary to extend a Certificate beyond 60 days, the Housing Administrator will review the case. If a justifiable cause is determined, e.g. , lack of available units, insufficient unit auth— orizations, etc. , the Administrator may grant additional 60 day exten— sions, not to exceed one calendar year. E. Housing Quality Standards and Inspections 1. The housing acceptability criteria described in HUD Handbook 7420.7 Chapter Five are hereby established as minimum housing quality standards. 2. The following internal system will be used to obtain unit inspections, both initially and for reinspection: (a) The City of !.a .chita Falls will perform inspections using City Housirxg Code Enforcement Officers. Inspections will be scheduled as requests are submitted to eliminate any possible discrimination complaints. The inspec— tion checklist used will be in accordance with standards established by the City of Wichita Falls` Minimum Housing Code. (b) The City of Wichita Falls will submit the list of inspection results to Community Action Corporation as inspections are performed. (c) If the unit fails inspection, the family and the owner will be notified by mail. Differences in perception of the adequacy of the unit will be resolved by the Housing Administrator. (d) The Housing Administrator will keep a file by month of contract execution for annual re—inspection. (e) The Housing Administrator will- maintain a list of Request for Lease Approval, showing date of request, date submitted for inspection:, anti date inspected . This information will also be retained in each family`s file. F. Lease Approval ac)d iio sta'- Assistance Payments Contract Execution 1. Onpe a unit has passed inspection, the lease will be checked for reasonableness acid consistency with the fair market rent and for the correct. length of the contract. The reasonableness of rent will be determined on the basis of previous rent of the same unit, previous Page 12 of 17 Pages Agenda Item No. 10.b. ADMINISTRATIVE PLAN, page 5 rent of similar units, and general knowledge of rents for similar units. The lease must also include the required HUD provisions as set forth in 24 CFR, 882.107(b) and 882.210(f) . The lease will be reviewed following the criteria set forth in HUD Handbook 7420.7, Chapter 4.17. 2. The following procedure will be used to explain lease approval and regulations to owners: (a) The Housing Administrator will contact the Wichita Falls Board of Realtors and community organizations. Efforts will be made to contact owners outside of minority and low income concentrated areas. (b) Neighborhood QrouDs will be asked to contact owners in their neighborhood to accommodate families desiring to remain in their own community. (c) The Housing Administrator will maintain a listing and map designating area concentrations and owners desiring to partici- pate in the program. This list will be included in the tenant's package. (d) The Housing Administrator will be responsible for explaining the program to owners who inquire. The program will be explained in detail to owners who have signed a Request for Lease Approval on a case by case basis or in briefing sessions. (e) The reasonableness of the rent will be determined by the location of unit, quality, amenities, facilities, and maintenance of unit. (f) The Housing Administrator will determine the amount of rent reduction, if applicable, and will give an appointment date and time for the execution of the lease and Housing Assistance Payments contract. (g) A copy of the Housing Assistance Payments contract will be transmitted to the City of Wichita Falls for their records and subsequent payment. G. Payments to Owners/Tenants CAC will submit to the City a listing of landlords and tenants eligible to receive rents or utility allowance payments on the third Tuesday of the month. This listing will include: (a) flame of party receiving payment, contract number, and vendor number that authorizes payment. (b) A listing of any changes which occurred during the month: 1. If the change is a utility allowance charge, supporting documenta- tion will be provided; 2. If the change results in a new contract, the contract will be provided; Page 13 of 17 Pages Agenda Item No. 10.b. ADMINISTRATIVE PLAN, page 6 3. If the payment is occurring for the first time, contract and utility allowance documentation will be provided. (c) If the payment is for damages or lost rent, an explanation will be attached. Checks will be processed by the City and returned to CAC for mailing to recipients on the first Tuesday of the month. Rent checks for units vacated during the last two weeks will be returned to the City with an explanation. Although HUD does not require that miscalculations in income verification resulting in overpayments be refunded to the Section 8 budget, CAC will correct errors as soon as they are discovered. The City will monitor CAC's administration of the Section 8 program, but assumes no responsibility for any errors, or discrepancies discovered or undiscovered during moni- toring efforts. CAC will keep all records pertaining to family eligibility, income verifi- cation, unit inspections and leases in a manner suitable for an unannounced federal performance audit. H. Information and Assistance for Participating Families 1. The Housing Administrator will maintain a file by month of lease execution for reexamination of units and recertification of a family income. A special reexamination will be made for a decrease in family income or a change in family size between annual recertifications. All tenants will be recertified annually. 2. The Housing Administrator will document reports made by families that the owner is not complying with the lease or is not main- taining the unit in compliance with the housing standards, and will proceed to investigate the complaints. 3. Families will notify the Housing Administrator when they decide to vacate their unit. The date of this notification will be indicated in the family's file. The family will be advised to contact the owner, and to pay all bills. Families that leave owing money will not be eligible for further participation in the program. 4. If a family wishes to move within the program area, they will be issued a new certification to look for new housing. 5. If the family is terminated from the program, the first family on the waiting list whose income has been verified will be notified by mail of the availabililty of certification. An appointment will be set up for a meeting to discuss the program and answer any questions. 6. Any new developments received on the program will be forwarded to the participants as deemed necessary by the Housing Administrator. Pa,r,e 14 of 17 'gages Agenda Item No. 10.b. ADMINISTRATIVE PLAN, page 7 7. The Housing Administrator will be familiar with agencies and organizations able to respond to the housing and non-housing problems of the applicants and tenants. I. Termination and Family Moves 1. The owner's request for eviction will be reviewed by the Housing Administrator_ on a case by case basis. The resulting action will be based upon an investigation of the alleged discrepancy and the owner will be notified prior to the twenty (20) day time limit. The request and response will be placed in the family's file. 2. The Housing Administrator will determine whether or not the family gave proper notice to vacate by checking the family's file for the date of notification. The owner's request for payment will be determined by the owner's filed notice of unit vacancy. The owner's claim for damages will be determined by comparing the original inspection check list with existing conditions. 3. If the family is terminated from the program, the first family on the waiting list whose income has been verified will be notified by mail of the availability of certification. An appointment will be set up for a meeting to discuss the program and answer any questions. 4. Each case that results in eviction, termination of program partici- pation, or failure to give proper notice will be reviewed by the Housing Administrator. If the review results in a determination of ineligibility for future program participation, the family will be notified in writing providing a reason(s) for the determination and process for appeal. J. Complaints and Appeal I. The Housing Administrator will assist the affected family in referring the case to the Human Relations Commission as described in the EOHP, in preparing appropriate forms, and in contacting the HUD field office if required. 2. If legal questions arise in the appeals process, the City Attorney's office will provide appropriate support. K. Monitoring Program Performance 1. The two goals to be mai_ritained in meeting the housing needs of Wichita Falls are serving; ttte lower income families in Wichita Falls and keeping unit va,:..inc.ies to a minimum. 2. The applicant mix will be monitored by the Housing Administrator. Thirty percent (30 ) to forty percent (40%) of the applications will be issued to very .low income families to maintain a participant level of 30%. Pa;;e 15 of 17 Pages Agenda Item No. 10.b. ADMINISTRATIVE PLAN, page 8 3. In no event will the number of units under lease combined with the number of certificates issued exceed the number of units authorized. 4. The Community Development Section of the Planning Division will perform quarterly monitoring visits utilizing the HUD Handbook 7420.3 as a guideline to insure program achievement. 5. Program administration may be revised on an as needed basis with concurrence of the City and CAC. 6. Community Action Corporation will achieve a 95% occupancy rate of all approved units by the end of the first quarter of the fiscal year. Each successive quarter will maintain a 95% occupancy rate. In order to achieve and assure this minimum level, a monthly bedroom utilization report will be provided to the City (copy attached) . In addition to the completion of this report, a narrative of objectives will be attached which will clearly outline the activities to be conducted during the coming month. This activities list will indicate the work elements required to assure a 95% occupancy rate and the inspection requirements to be met. 7. The Community Action Corporation has established the following goals and objectives to be attained during the program year. These objectives shall be included in the monthly report to the City and monitored by the City on a quarterly basis. GOALS AND OBJECTIVES The additional part-time employee will assist the Section 8 Housing Office in accomplishing the following goals and objectives during the next year. Owner Outreach: To promote greater housing opportunities. 1. To become a member of the Rental Property Association and meet with at least five members of the association each month. 2. To meeting with the Board of Realtors at least quarterly. 3. To meet with at least five property management concerns each month. 4. To contact the North Texas Rental Property Association. Tenant Outreach: To stimulate tenant applications and participation. 1. To visit with Neighborhood Action Groups quarterly. 2. To visit with Senior Citizen groups at least quarterly. 3. To visit with at least 15 tenant families each month in their homes. 4. To distribute information brochures to all local agencies and organizations that are contacted by lower income families and elderly, handicapped, or disabled families. Pang 1 f, of 1.7 Paces Agenda Ttem No. 10.b. ADMINISTRATIVE PLAN, page 9 Administrative: I. To maintain 95% occupancy. 2. To maintain a list of available rent properties by contacting all owners at least once a month. 3. To review 25% of all tenant records quarterly. 4. To spot check at least 15 rental units a month. 5. To maintain adequate utility allowances by getting actual bills of 25 units by size annually. 6. To submit quarterly articles about the program to the newspaper. 7. To maintain rent reasonableness. 8. To publish a monthly newsletter for all property owners and managers. Page 17 of 17 Pages Agenda Item No. 10.b.