Min 12/01/1981 195
Wichita Falls, Texas
Memorial Auditorium Building
December 1, 1981
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
Gene Shearman
John W. Hampton, Jr.
Curtis W. Smith Aldermen
James B. Thomas
Horace 0. Boston
Stuart Bach City Manager
H. P. Hodge, Jr. City Attorney
Wilma J. Thomas City Clerk
Fred Werner Chief Accounting Officer
Carol G. Russell Absent
The invocation was given by Gene Welsh, Chaplain at Sheppard Air Force Base.
Item 3
Moved by Alderman Thomas that minutes of the meeting held November 17, 1981,
be approved.
Motion seconded by Alderman Shearman, and carried unanimously.
Items 4a-8b
Item 6a was moved to the regular agenda.
Moved by Alderman Thomas that the remaining items on the consent agenda be
approved.
Motion seconded by Alderman Boston.
Item 4a
ORDINANCE NO. 3850
AN ORDINANCE SUSPENDING THE ENFORCEMENT OF PARKING METERS
ON FRIDAY, DECEMBER 18, 1981 FROM 1:00 O'CLOCK TO 6:00
O'CLOCK IN ORDER TO PERMIT DOWNTOWN ACTIVITIES ASSOCIATED
WITH THE PIONEER BOWL PARADE.
Ayes: Mayor Hill , Aldermen Shearman, Hampton, Smith, Thomas and Boston
Nays: None
Item 4b
ORDINANCE NO. 3851
ORDINANCE GRANTING AUTHORITY TO WILSON MANUFACTURING
DIVISION OF CONTINENTIAL EMSCO CO. TO CONSTRUCT AN
EMERGENCY POWER SERVICE ABOVE THE ALLEY, AND A FUEL
SUPPLY LINE BENEATH THE ALLEY IN BLOCK 150 OF THE
ORIGINAL TOWN OF WICHITA FALLS.
Ayes: Mayor Hill , Aldermen Shearman, Hampton, Smith, Thomas and Boston
Nays: None
196
Item 5a
RESOLUTION NO. 2917
RESOLUTION APPROVING AND AUTHORIZING CITY MANAGER TO SIGN
AN EASEMENT FOR AN UNDERGROUND ELECTRIC DISTRIBUTION SYSTEM
IN BELAIR PARK TO TESCO.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
That certain easement, a copy of which is attached hereto, from the City of
Wichita Falls to Texas Electric Service Company for an underground electric
distribution system in Belair Park is hereby approved, and the City Manager is
authorized to execute the same for the City of Wichita Falls.
Ayes : Mayor Hill , Aldermen Shearman, Hampton, Smith, Thomas and Boston
Nays: None
Item 5b
RESOLUTION NO. 2918
V
RESOLUTION APPROVING AND AUTHORIZING CITY MANAGER TO SIGN
AN EASEMENT FOR AN UNDERGROUND ELECTRIC DISTRIBUTION SYSTEM
IN WOOD MEMORIAL PARK TO TESCO.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
That certain easement, a copy of which is attached hereto, from the City of
Wichita Falls to Texas Electric Service Company for an underground electric
distribution system in Wood Memorial Park is hereby approved, and the City Manager
is authorized to execute the same for the City of Wichita Falls.
Ayes : , Mayor Hill , Aldermen Shearman, Hampton, Smith, Thomas and Boston
Nays: None
Item 5c
RESOLUTION NO. 2919
RESOLUTION NAMING ELECTION OFFICIALS AND POLLING PLACES FOR
THE SPECIAL MUNICIPAL ELECTION TO BE HELD JANUARY 16, 1982.
WHEREAS, by Resolution No. 2898 dated November 3, 1981, the Board of Aldermen
called an election to be held on January 16, 1982.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
Said election shall be held at the named places with the named persons serving
as presiding judges and alternate presiding judges within the precincts set out on
Exhibit A, which is attached hereto and incorporated herein by reference. The
voters residing in the corporate limits of Wichita Falls within the County Precinct
numbers given in such Exhibit A shall vote in the City boxes as shown in such
exhibit.
The presiding judge for each precinct shall appoint not less than two nor more
than four clerks who shall assist the presiding judge and alternate presiding judge
in conducting the election.
The City Clerk shall give notice of this election by publication in a newspaper
of general circulation published in the City as required by law.
Ayes: Mayor Hill , Aldermen Shearman, Hampton, Smith, Thomas and Boston
Nays: None
197
Item 6b
RESOLUTION NO. 2920
RESOLUTION AWARDING CONTRACT TO NATHAN PHILLIPS
CONSTRUCTION COMPANY, INC. FOR CONSTRUCTION OF
CONCESSION/RESTROOM BUILDING AT KIWANIS PARK.
WHEREAS, the City of Wichita Falls has advertised for bids for the
construction of a concession/restroom building at Kiwanis Park; and,
WHEREAS, six bids were received, and it is found that Nathan Phillips
Construction Company, Inc. , who bid $41,974, is the lowest responsible
bidder.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
Said bid of Nathan Phillips Construction Company, Inc. , in the amount
of $41,974 is hereby accepted, and the City Manager is authorized to execute
for the City of Wichita Falls a contract with Nathan Phillips Construction
Company, Inc. , for the construction of such improvements.
Ayes: Mayor Hill , Aldermen Shearman, Hampton, Smith, Thomas and Boston
Nays : None
Item 7
Minutes of the meetings of the following boards and commissions were
received.
a. Planning Board - November 11, 1981
b. Traffic Safety Council - November 4, 1981
Ayes : Mayor Hill , Aldermen Shearman, Hampton, Smith, Thomas and Boston
Nays : None
Item 8a
Authority was granted to advertise for bids for construction of a parking
lot at Jaycee Park.
Ayes : Mayor Hill , Aldermen Shearman, Hampton, Smith, Thomas and Boston
Nays: None
Item 8b
Authority was granted to advertise for bids for high pressure sodium
luminaires.
Ayes: Mayor Hill , Aldermen Shearman, Hampton, Smith, Thomas and Boston
Nays : None
Item 6a
A proposed resolution was presented awarding the bid for the construction
of the street overlay program. Dircon Corporation submitted the low bid.
RESOLUTION NO. 2921
RESOLUTION AWARDING CONTRACT FOR THE SURFACE OVERLAY
PROGRAM FOR HOOPER, KENLEY, PASADENA, SULLIVAN AND
WYOMING STREETS TO DIRCON CORPORATION.
WHEREAS, the City of Wichita Falls has advertised for bids for the
construction of the Surface Overlay Program for Hooper, Kenley, Pasadena,
Sullivan and Wyoming Streets ; and,
WHEREAS, two bids were received, and it is found that the bid of Dircon
Corporation in the amount of $72,520.00 is the lowest responsible bid.
198
Item 6a, cont'd.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
Said bid of Dircon Corporation in the amount of $72,520.00 is hereby accepted,
and the City Manager is authorized to execute a contract with Dircon Corporation
for the construction of such improvement.
Moved by Alderman Thomas that Resolution No. 2921 be passed.
Motion seconded by Alderman Smith.
Alderman Hampton asked if we are not still involved with Dircon on another
contract? Ernest Lillard stated that we are. Alderman Hampton stated that he
had difficulty voting for someone when we have a controversy with a firm with
which we have a problem.
Alderman Thomas stated that he was also concerned about this until he called
Ernest Lillard's office and found it was not the same process and it was a problem
with the mat, and not with Dircon. He also found that the City has done business
with Dircon for many years on a very satisfactory basis.
Ernest Lillard stated that Dircon has not been unreasonable in their approach
to the problem. They want to resolve it with the least cost to themselves. They
do not feel at fault. The City's position is that we want the problem resolved,
and made right.
City Attorney H. P. Hodge stated that he anticipated we should have something
from Dircon's attorney within the next couple of weeks. He cited the law on award
of bids to the lowest responsible bidder. In his opinion, if our experience has
been that they did a good job in the past, he feels that this controversy would not
be of a nature that would constitute them not a responsible bidder.
Alderman Shearman mentioned a case in the supreme court during the last five
years where the responsibility rested on the last man doing the job.
Alderman Hampton noted that he has reservations on this, but will vote for it
on that basis. Alderman Smith feels we should put a deadline on this matter to get
it resolved.
The motion for passage of Resolution No. 2921 was carried by the following vote.
Ayes: Mayor Hill , Aldermen Shearman, Hampton, Smith, Thomas and Boston
Nays: None
Item 10a
Darlene Whitaker, an employee in the Accounting Department, was honored as
December Employee of the Month. Mayor Hill presented her with two tickets each to
a theatre and dinner, and a plaque.
Item 9a
A public hearing was opened on hazardous structures.
Alderman Shearman called attention to the fact that the properties of Mary Schenk
(1609 Cole) and Stewart M. Temelcoff (201 7th Street) , have both been resolved. This
was confirmed by Joe Ryckoff, Chief Code Enforcement Officer.
Robert White, 1509 Austin, appeared in regard to property at 2806 Pennsylvania,
which he is in the process of purchasing from Mrs. Leach. Joe Ryckoff stated that
the property has been secured. Mr. White stated that the garage is being hauled off.
It was noted that a public hearing was held on this property in July, 1980, but
because of a change in ownership the City had to start over. Mr. White stated that
he will take possession the first of January.
199
Item 9a, cont'd.
ORDINANCE NO. 3852
ORDINANCE CLOSING HEARING AND FINDING CERTAIN
BUILDINGS AND/OR STRUCTURES TO BE DANGEROUS;
COMMANDING PROPERTY OWNERS TO REPAIR, VACATE,
OR DEMOLISH SAID BUILDINGS AND/OR STRUCTURES
WITHIN THIRTY (30) DAYS OF THE DATE OF THIS
ORDINANCE AND DECLARING AN EMERGENCY.
Moved by Alderman Hampton that Ordinance No. 3852 be passed.
Motion seconded by Alderman Smith, and carried by the following vote.
Ayes : Mayor Hill , Aldermen Shearman, Hampton, Smith, Thomas and Boston
Nays: None
Item 11a
A proposed ordinance was presented authorizing the sale of beer at the
annual chili cook-off preceding the Pioneer Bowl football game.
A motion was made by Alderman Hampton, and seconded by Alderman Boston
that the ordinance be passed. Discussion followed.
Alderman Shearman stated his concern about an open location. Alderman
Thomas stated that he was also concerned until he read that the City Manager
also had to approve it, along with the BCI. Alderman Shearman and Mayor Hill
both feel that the authority should be left in the Council each year. Alderman
Shearman was not opposed to having the Chili C6ok-off, but he does not
believe we should give them an open rein.
Connie Sparks, of the BCI , stated that they would like to have it
perpetual at a specific location.
Alderman Shearman noted that this location (4-H Barn) is out of the zone,
it is either County or School owned, and that delivery of beer is prohibited
except in certain areas. (It was clarified that the school district does not
own the 4-H Barn. )
City Attorney H. P. Hodge provided a change in wording for the ordinance
to state that a temporary license may be issued for December 18, 1981, at the
4-H Club Barn on Midwestern Parkway. This change deleted the open location.
The motion and second were withdrawn.
ORDINANCE NO. 3853
ORDINANCE AUTHORIZING SALE OF BEER AT THE CHILI
COOK-OFF PRECEDING THE PIONEER FOOTBALL GAME.
Moved by Alderman Hampton that Ordinance No. 3853 be passed, as amended.
Motion seconded by Alderman Boston, and carried by the following vote.
Ayes: Aldermen Shearman, Hampton, Smith, Thomas and Boston
Nays: Mayor Hill
Item 11b
A proposed ordinance was presented to authorize payment for refuse
collection services at commercial rates by the Housing Authority of the
City of Wichita Falls.
ORDINANCE NO. 3854
ORDINANCE AMENDING SECTION .17-19, SUBSECTION (10) OF
THE CODE OF ORDINANCES, TO AUTHORIZE PAYMENT FOR REFUSE
COLLECTION AT THE COMMERCIAL RATE BY THE HOUSING
AUTHORITY OF THE CITY OF WICHITA FALLS.
200
Item 11b, cont'd.
Moved by Alderman Smith that Ordinance No. 3854 be passed.
Motion seconded by Alderman Hampton.
City Manager Stuart Bach stated that when the sanitation bills went out at
the new rate, the Housing Authority contacted the City about the increase. They
had been receiving the container rate rather than the per apartment rate. The
per unit rate is higher. The City Manager explained that it is not unusual for
a city to grant some relief to its own Housing Authority on the bills which it
has to pay. It was pointed out by Ernest Lillard that the former city manager
authorized the commercial rate to the Housing Authority instead of the per unit
rate paid by other apartment complexes. The City Manager noted that federal
funding to the Housing Authority has been decreased, and next year it will go
down further. Mayor Hill stated that he does not feel the City of Wichita Falls
will be able to fill the gaps of the federal government on decreased funding.
The motion was carried by the following vote.
Ayes: Mayor Hill , Aldermen Shearman, Hampton, Smith, Thomas and Boston
Nays: None
Item 12a
A proposed resolution was presented authorizing a contract with Harper
Perkins Architects for Hamilton Tennis Center.
RESOLUTION NO. 2922
RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO
SIGN A CONTRACT WITH HARPER PERKINS ARCHITECTS FOR
ARCHITECTURAL SERVICES CONCERNING HAMILTON TENNIS PRO
SHOP.
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 Harper Perkins Architects for architectural services concerning
Hamilton Tennis Center pro shop is hereby approved, and the City Manager is authorized
to execute the same for the City of Wichita Falls.
Moved by Alderman Thomas that Resolution No. 2922 be passed.
Motion seconded by Alderman Hampton, and carried by the following vote.
Ayes: Mayor Hill , Aldermen Shearman, Hampton, Smith, Thomas and Boston
Nays : None
Item 12b
A proposed resolution was presented authorizing the City Manager to execute a
contract for architectural services for the second phase of the Police Building
remodeling project.
RESOLUTION NO. 2923
RESOLUTION APPROVING AND AUTHORIZING CITY MANAGER TO EXECUTE
A CONTRACT WITH HARPER PERKINS ARCHITECTS FOR ARCHITECTURAL
SERVICES FOR SECOND PHASE OF POLICE BUILDING RENOVATION PROJECT.
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 Harper Perkins Architects , for architectural services for
the second phase of the Police Building renovation project, is hereby approved, and
the City Manager is authorized to execute the same for the City of Wichita Falls.
201
Item 12b, cont'd.
Moved by Alderman Hampton that Resolution No. 2923 be passed.
Motion seconded by Alderman Shearman, and carried by the following vote.
Ayes: Mayor Hill , Aldermen Shearman, Hampton, Smith, Thomas and Boston
Nays: None
Item 12c
A proposed resolution was presented authorizing the City Manager to execute
a contract with the North Central Texas Medical Foundation concerning the Family
Practice .Residency Program.
RESOLUTION NO. 2924
RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER
TO EXECUTE A CONTRACT WITH NORTH CENTRAL TEXAS MEDICAL
FOUNDATION FOR FAMILY PRACTICE RESIDENCY PROGRAM.
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 North Central Texas Medical Foundation, for a Family
Practice Residency Program, is hereby approved, and the City Manager is
authorized to execute the same for the City of Wichita Falls.
Moved by Alderman Thomas that Resolution No. 2924 be passed.
Motion seconded by Alderman Smith.
Dr. Robert Barrenberg appeard on behalf of this program, stating that they
agree with the contractual arrangements. They would like some siriplification
of the terms and conditions rrienticned in Part II . �He suggested that tl.-his read
that they will abide by all terms and conditions of the City and federal
revenue sharing requirements.
The City Manager stated that he feels ail the terms and conditions should
be left in so that nobody can say they did riot know.
Alderman Shearman asked who they propose to treat in this program? Dr.
Barrenberg stated they treat everyone. They are supposed to treat a cross-
section of the population of the County. They, are willing to accept every
unassigned patient coming into the hospital emergency room for hospital entry.
In obstetrics , they are doing 100 percent of all true indigents. Medically
indigent is defined as a family of four, with no more than $12,000 annual
income.
As Director of the Family Practice Residency Program, Dr. Barrenberg
stated that he answers to the Board of the North Central Foundation, the
University of Texas Southwest Medical School , the College- and University
Coordinating Board, the Legislature and also internationally. They deal in
obstetrics, internal medicine, pediatrics, office gynecology, and office
surgery. They have a 35 percent no-show.
Alderman Hampton pointed out that the chief salary of this and the following
two items have increased from 50 to 100 percent. Dr. Barrenberg mentioned the
built-in inflation. They have reorganized thier non-physician structure so
that they have 10-11- physicians now instead of 8-9 before. Alderman 'Smith
noted that organizations will come before the Council wanting funds because
they are a small group, and then they grow comp".'etely out of proportion.
The motion was carried by the following vote.
Ayes: Mayor Hill , Aldermen Shearman, Hampton, Smith, Thomas and Boston
Nays : None
202
Item 12d
A proposed resolution was presented authorizing the City Manager to execute a
contract with the Community Council for the provision of certain services.
RESOLUTION NO. 2925
RESOLUTION APPROVING AND AUTHORIZING CITY MANAGER TO
EXECUTE CONTRACT WITH COMMUNITY COUNCIL OF GREATER
WICHITA FALLS, INC.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS ,
THAT:
That certain agreement, a copy of which is attached hereto, between the City
of Wichita Falls and the Community Council of Greater Wichita Falls , Inc. , is
hereby approved, and the City Manager is authorized to execute the same for the
City of Wichita Falls.
Moved by Alderman Thomas that Resolution No. 2925 be 'passed.
Motion seconded by Alderman Boston.
Alderman Thomas requested that City Manager to explain the benefits of the
Community Council to the City of Wichita Falls.
City Manager Stuart Bach noted their intake and referral services to various
agencies. Also volunteer drivers, as needed. If someone who needs help does not
know who to go to, they can find out through the Community Council . The question
was raised on how someone would know to go to the Community Council for assistance?
It was noted that the media carries information about them.
The Community Council also conducted a handicapped survey, and child care
service in Wichita Falls. They also reviewed the application submitted to the
City by the Family Practice Residency Program, Meals-on-Wheels, and Neighborhood
program. Review and Comment has been removed from the Council of Governments.
Someone needs to have that authority. Mayor Hill asked if the Community Council
has disapproved any applications? It was noted that they recommended less funding
on the Meals-on-Wheels program, and also guidelines for the Neighborhood groups.
Dr. Barrenberg stated that he was reviewed by the Community Council ; that
he has never been scrutinized in several areas on hard facts by a private group.
He feels they are one of the most critical organizations in the City.
Bonnie Thornton, Executive Director of Community Council , stated that she
appeared before the Council in 1974 on a pilot program of the Junior League on a
volunteer clearinghouse. In 1976, they merged with the Community Council as a
clearinghouse for all volunteer organizations. She stated that their office simply
coordinates volunteers for elderly for various transporation services. The services
they provide are by volunteers, rather than paid staff.
Mayor Hill stated he had received criticism on changing their by-laws. Mrs.
Thornton stated that their member agencies increased to 32. The Board of Directors
meet eight times a year. They will be elected at the annual meeting of the Community
Council .
Bob Reed stated that the Council is made up of three types of members ; manage-
ment, agencies , and at-large. The more critical the Community Council is, the more
criticism they receive from the service providers. Mrs. Thornton stated that they
have built a fine working system on a volunteer basis.
The motion for passage of Resolution No. 2925 was carried by the following vote.
Ayes: Mayor Hill , Aldermen Shearman, Hampton, Smith, Thomas and Boston
Nays: None
Item 12e
A proposed resolution was presented authorizing the City Manager to execute a
contract with Mental Health Mental Retardation Center for the provision of certain
services.
203
Item 12e, cont'd.
RESOLUTION NO. 2926
RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER
TO EXECUTE A CONTRACT WITH THE MENTAL HEALTH MENTAL
RETARDATION CENTER FOR THE PROVISION OF CERTAIN
SERVICES.
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 the Mental Health Mental Retardation Center, is
hereby approved, and the City Manager is authorized to execute the same for
the City of Wichita Falls.
Moved by Alderman Thomas that Resolution No. 2926 be passed.
Motion seconded by Alderman Shearman, and carried by the following vote.
Ayes : Mayor Hill , Aldermen Shearman, Hampton, Smith, Thomas and Boston
Nays: None
Item 12f
A proposed resolution was presented authorizing the City Manager to execute
a non-annexation agreement with GH-Foster Cathead Company in conformance with
the City industrial annexation policy.
RESOLUTION NO. 2927
RESOLUTION DESIGNATING A CERTAIN TRACT OF LAND LOCATED
IN WICHITA COUNTY, TEXAS, AS AN INDUSTRIAL DISTRICT,
AND APPROVING A CONTRACT WITH GH-FOSTER CATHEAD COMPANY,
INC. GUARANTEEING ITS IMMUNITY FROM ANNEXATION FOR A
PERIOD OF FIVE YEARS.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
-ain tract of land located in Wichita County, Texas,
SECTION 1. That cert
being all of Lot 1, Block 27 of the Replat of Part of Block 27, Kemp & Newby
Subdivision, as shown on the plat of record in the office of the County Clerk
of Wichita County, Texas, which tract is located in the extraterritorial
jurisdiction of the City of Wichita Falls, is hereby designated as an industrial
district in accordance with the provisions of Section 5 of the Municipal
Annexation Act, Article 970a of the Revised Civil Statutes of Texas.
SECTION 2. That certai-n contract, a copy of which is attached hereto,
between the City of Wichita Falls and GH-Foster Cathead Company, Inc. , whereby
the City guarantees the continuation of the extraterritorial status of the
above described tract of land and its immunity from annexation by City for a
period of five years from January 1, 1981, is hereby approved, and the City
Manager is authorized to execute the same -for the City of Wichita Falls.
Moved by Alderman Thomas that Resolution No. 2927 be passed.
Motion seconded by Alderman Hampton, and carried by the following vote.
Ayes : Mayor Hill , Aldermen Shearman, Hampton, Smith, Thomas and Boston
Nays : None
Item 12g
A proposed resolution was presented authorizing the City Manager to enter
into a contract with Joe M. Nall and Associates, Inc. , for the development of
Lake Kickapoo raw water rates.
Moved by Alderman Shearman that this item be tabled.
The motion died for lack of a second.
204
Item 12g, cont'd.
Moved by Alderman Smith, and seconded by Alderman Hampton that the resolution
be approved.
Alderman Smith stated that the amount of water used by. Archer City is very
small . When this $10,000 for the study is added into their rate, it will be
more than it would have been before. The City Manager stated that Archer City
and the City of Wichita Falls agreed they should have some kind of formula.
Bill Paul , from Henrietta, appeared as attorney for Archer City. He stated
that the supreme court decision provided that the burden is on the City of
Wichita Falls to find the basis for the rate. They stand ready to continue
negotiations. They believe that somewhere in Mr. Nall 's study they could come
up with some kind of rate that would be acceptable.
The motion and second were withdrawn until it is clarified if the City of
Archer City is agreeable to paying the cost of-the Nall study.
The City Manager stated that the contract could be cancelled because of
non-compliance by Archer City.
Moved by Alderman Hampton that the water contract with Archer City be
cancelled.
Motion seconded by Alderman Smith.
Bill Paul stated that he could not getany cooperation from the City of
Wichita Falls until the Nall study was completed. The City Manager stated
that he had indicated to them that they were waiting until Joe Nall 's study
was compl eted.
Alderman Thomas stated that he feels they should sit down and work out
something reasonable with Archer City, without this study. The City Manager
stated that ratemaking has changed.
Alderman Shearman stated that he is opposed to this when in previous years
a study was made by Joe Nall for about $84,000. The City Manager stated that
it was a fixed assets inventory for the utility system.
Mayor Hill stated that they are paying a rate that is half of what they
should be paying, and it should be settled. He feels we should go ahead with
the study. Alderman Smith stated that we would be better off to let them get
the water at the cheap rate than spend $10,000.
The motion and second were withdrawn to cancel the contract.
Moved by Alderman Thomas that action on this matter be postponed for two
weeks, and settle the problem within that time.
Motion seconded by Alderman Shearman, and carried unanimously.
Item 12h
A proposed resolution was presented authorizing the City Manager to execute
amendments to contracts for water sales with the City of Burkburnett and ten
other entities outside the City.
RESOLUTION NO. 2928
RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE AMENDMENTS TO
CONTRACTS FOR WATER SALES WITH CITY OF BURKBURNETT AND
TEN OTHER ENTITIES OUTSIDE THE CITY TO ADJUST THE PRICE
OF WATER.
WHEREAS, the City of Wichita Falls has contracts for the sale of water to a
number of entities outside of the City; and,
205
Item 12h, cont'd.
WHEREAS, about the 1st of April , 1980, the City and twelve of these entities
executed a Memorandum of Agreement which set out certain rate setting principles,
and provided that a study based upon the rate setting principles will be
submitted to each outside customer in March of each year for review along with
a contract amendment establishing new water rates to be implemented for all
water bills rendered after April 30, of each year; and,
WHEREAS, such a study by Joe M. Nall & Associates , Inc. , which recommends
new water rates as hereinafter set out, has been furnished to the entities.
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 amendments to contracts
for water sales to hereinafter named entities which will establish the rates
for water as hereinafter set out:
1. The rate charged City of Burkburnett, City of Scot-land, City of
Lakeside City, Town of Pleasant Valley, Archer County Municipal Utility District
No. 1 and Friberg-Cooper Water Supply Corporation, all of whom buy transmitted
treated water, shall be increased from 41.13� per 100 cubic feet to 46.83� per
100 cubic feet.
2. The rate charged the City of Iowa Park, who buys treated water,
shall be increased from 36.21� per 100 cubic feet to 40.68� per 100 cubic feet.
3. The rate charged Red River Authority, Windthorst Water Supply
Corporation, City of Electra and Arrowhead Development, Inc. , all of whom buy
raw water, shall be increased from 19.68� per 1,000 gallons to 23.95� per
1,000 gallons.
Such rates shall become effective for all water delivered after January 1,
1982.
Moved by Alderman Thomas that Resolution No. 2898 be passed.
Motion seconded by Alderman Smith, and carried by the following vote.
Ayes: Mayor Hill , Aldermen Shearman, Hampton, S mith, Thomas and Boston
Nays: None
Item 12i
Proposed resolutions were presented amending water purchase contracts with
Dean Dale Water Supply Corporation, Friberg-Cooper Water Supply Corporation,
and Wichita Valley Water Supply Corporation.
RESOLUTION NO. 2929
RESOLUTION APPROVING THIRD AMENDMENT TO WATER PURCHASE
CONTRACT WITH DEAN DALE WATER SUPPLY CORPORATION.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
That certain Third Amendment to Water Purchase Contract, a copy of which
is attached hereto, between the City of Wichita Falls and Dean Dale Water
Supply Corporation, is hereby approved, and the City Manager is authorized to
execute the same for the City of Wichita Falls.
Moved by Alderman Thomas that Resolution No. 2929 be passed.
Motion seconded by Alderman Hampton, and carried by the following vote.
Ayes : Mayor Hill , Aldermen Shearman, Hampton, Smith , Thomas and Boston
Nays: None
206
Item 12i , cont'd.
RESOLUTION NO. 2930
V
RESOLUTION APPROVING FIRST AMENDMENT TO WATER PURCHASE
CONTRACT WITH FRIBERG-COOPER WATER SUPPLY CORPORATION.
BE, IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
That certain First Amendment to Water Purchase Contract, a copy of which is
attached hereto, between the City of Wichita Falls and Friberg-Cooper Water Supply
Corporation, is hereby approved, and the City* Manager is authorized to execute
the same for the City of Wichita Falls
Moved by Alderman Thomas that Resolution No. 2930 be passed.
Motion seconded by Alderman Boston, and carried by the following vote.
Ayes : Mayor Hill , Aldermen Shearman, Hampton, Smith, Thomas and Boston
Nays: None
RESOLUTION NO. 2931
RESOLUTION APPROVING FOURTH AMENDMENT TO WATER PURCHASE
CONTRACT WITH WICHITA VALLEY WATER SUPPLY CORPORATION.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
That certain Fourth Amendment to Water Purchase Contract, a copy of which is
attached hereto, between the City of Wichita Falls and Wichita Valley Water Supply
Corporation, is hereby approved, and the City Manager is authorized to execute the
same for the City of Wichita Falls.
Moved by Alderman Thomas that Resolution No. 2931 be passed.
Motion seconded by Alderman Smith, and carried by the following vote.
Ayes : Mayor Hill , Aldermen Shearman, Hampton, Smith, Thomas and Boston
Nays : None
Item 13a
Joe Nall reported on the consultant study of the rate increase request
submitted by Lone Star Gas Company. He stated that the results should speak
for itself. He spoke of Exhibit I of the report. It deals with the financial
highlights of the last rate .request considered before the Council , and the
company's cost associated with that request. He also mentioned the adjustments
in the rate application. The adjusted value includes replacement cost.
Alderman Shearman asked why the gas company is prompted to ask for a rate
increase this year, when they asked for one in December 1980? Is it because
of mild weather? Mr. Nall stated that they have to base it on a financial
quarter. Alderman Shearman stated that their corporate financial status looks
pretty good.
Alderman Thomas clarified that the adjusted values would have no influence
in Austin. Mr. Nall explained that he is just showing it. The result of this
study amounts to a proposed increase of $522,185, as opposed to $1,215,000 requested
by the gas company. In order to determine the rate, they put the cost of the
peak demand on each of the functions according to their requirement during the
peak period. In the winter, residential rates remain basically the same. Commercial
rates increased 25 percent.
Alderman Shearman was concerned about how a widow with $233.00 a month can
make it stretch.
207
Item 13a, cont'd.
Alderman Thomas asked about interest on his deposit? It was noted that the
deposit is returned to the customer. It was also noted that the expenses of
Lone Star Gas is based on the number of customers in each town. Administrative
costs in the amount of $484,000 are borne by Wichita Falls customers.
David Liles , Regional Manager of Lone Star Gas Company, stated that they
differ on several recommendations made by the consultant. Rates are set for
future earnings, and not the past. A 7.04 percent rate is recommended by the
consultant. Erosion of earnings in 1981 should be taken into account when
establishing rates in 1982. The volume charge for commercial customers should
be higher than residential customers. The second recommendation is that 17
percent, or $90,000 of the consultant's calculated revenue deficiency, be
secured by increasing the residential and commercial class of customers. The
consultant's recommendation would place Wichita Falls at a disadvantage in
attracting large industrial class customers. These recommendations are of
vital concern to Lone Star Gas. Mr. Liles requested a meeting between Lone
Star, the rate consultant, and the City Manager in order to try to come to
an agreement.
Item 13b
A proposed resolution was presented extending the period of suspension of
the operation of the proposed gas rate schedules.
RESOLUTION NO. 2932
RESOLUTION EXTENDING FOR AN ADDITIONAL 30 DAYS THE
PERIOD OF SUSPENSION OF THE OPERATION OF PROPOSED
RATE SCHEDULES FILED BY LONE STAR GAS COMPANY.
WHEREAS, Lone Star Gas Company did, on June 29, 1981, file a schedule of
rates for gas service within the City of Wichita Falls , to become effective
August 4, 1981; and,
WHEREAS, by Resolution No. 2817 dated July 31, 1981, the Board of
Aldermen suspended such schedule of rates for a period of 120 days after
August 4, 1981; and,
WHEREAS, the Board of Aldermen find that a longer time will be required
for a final determination, in order to make further study and investigation;
and,
WHEREAS, a copy of this resolution has been provided Lone Star Gas
Company prior to its consideration by the City of Wichita Falls.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
Pursuant to Section 43(d) of the Public Utility Regulatory Act of Texas ,
the period of suspension of the proposed schedule of rates filed by Lone Star
Gas Company on June 29, 1981 is hereby extended for an additional 30 days for
further study and investigation.
Moved by Alderman Smith that Resolution No. 2932 be passed.
Motion seconded by Alderman Thomas, and carried by the following vote.
Ayes: Mayor Hill , Aldermen Shearman, Hampton, Smith , Thomas and Boston
Nays : None
Item 13c
A proposed resolution was presented appointing a director of the Wichita
Falls Housing Finance Corporation to succeed H. P. Hodge, Jr.
208
Item 13c, cont'd.
RESOLUTION NO. 2933
RESOLUTION APPOINTING A DIRECTOR OF THE WICHITA FALLS
HOUSING FINANCE CORPORATION TO SUCCEED H. P. HODGE, JR. ,
WHOSE TERM EXPIRES DECEMBER 26, 1981.
WHEREAS, the term of H. P. Hodge, Jr. , as a Director of Wichita Falls Hous.ing
Finance Corporation expires December 26, 1981; and,
WHEREAS, the Articles of Incorporation of such corporation provide that the
Board of Directors shall be appointed by the governing body of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
H. P. Hodge, Jr. , who resides within the City of Wichita Falls, is hereby
appointed a Director of the Wichita Falls Housing Finance Corporation, for a
term beginning December 26, 1981 and expiring December 26, 1985.
Moved by Alderman Thomas that Resolution No. 2933 be passed, re-appointing
H. P. Hodge, Jr.
Motion seconded by Alderman Shearman, and carried by the following vote.
Ayes: Mayor Hill , Aldermen Shearman, Hampton, Smith, Thomas and Boston
Nays: None
Mayor Hill suggested that the Downtown Association put up Christmas decorations
in the downtown area.
The Board of Aldermen adjourned at 12:20 P.M.
PASSED AND APPROVED this hl /,--'day of
xl�t, 1981.
May6r
ATTEST:
4k _2
City Clerk
3104 GRANT STREET PHONE (817) 692-3132
P. 0. BOX 4451
M. A. VORDENBAU-31 & SONS, INC. 12
GENERAL CONTRACTORS
WICHITA FALLS, TEXAS 76308
November 16, 1981
City of Wichita Falls
Department of Public Works
P.O. Box 1431
Wichita Falls, Texas 76307
Atten: Mr. Ernest Lillard
Re: Atrium (Commerce) Building
811 6th Street
Wichita Falls, Texas
Dear Mr. Lillard:
As per your reauest, this is our formal application for an overhead easement
between the Owens Garage Building and the above referneced building. We are making
this reuQest in behalf of the The Wilson Oil Rig Manufacturing Company, a subsidiary
um
of The Continental Emsco Co. Wilson Manufacturing is a tenant in the Atri , 3rd
floor. The Atrium and the Ownes Garage are both owned by the same person. They
have leased space on the 3rd floor of the Ow-nes Garage Building to install a UPS
(ut-iinterrupted power supply) system for connection with a very large computer operation
housed in the Atrium, 3rd floor.
The UTS system will allow the computer to operate during power outages and will
provide "clean" power under normal conditions. bue to Ithe extreme weight of the
batteries and the poisonous, explosive gas emitted by the charging batteries, the
owner has agreed to place this into the Garage rather than the office building.
Adequate ventilation and other construction will be installed per the present
building codes for commercial construction.
The cross over structure above the alley, between the buildings will consist
of a single wide flange "I" beam with electrical conduits D attached to it. The
approximate clearance under this structure will be 32' . lease refer to the
attached drawing.
Also, Wilson Manufacturing has agreed to agree to a legal instrument which
would 1) hold harmless the City of Wichita Falls for all liability concerning the
structure and 2) would remove, totally, the structure as installed within 18 months
from final approval.
We have presented this project to the Electrical Review Board of the City of
Wichita Falls for their approval of the electrical portion of the work. They approved
the work pending submittal of properly engineered electrical drawings. They also
reconmnded additional electrical safety measures which will be adhered to in the
final design.
Page of pages
Agenda Item No.
E7. Lillard, Atrium Page 2
We are requesting your approval of the 32' overhead easement crossing in
the alley between Scott and L.-imar and 6th and 7th Streets. The structure is
temporary (18 months) as is your approval of this work. Also, the necessary
requirements described above would be met.
If you have any questions or if a representative of the Wilson Company
should be required to have audience with the Council, please call me.
Yours very truly,
M.A. VORDENBAUM & SONS, INC.
(;�'n�- 'tf. "::z��
James L. Sligar
JLS/cl
cc: Corr File 80-4
Mr. Fred Stephens and Mr. Joe Johnson
Mr. Andy Lee
Attorney, City of Wichita Falls, Glen Williams
Mr. Lee Sellers
enclosure (1) Page of pages
Agenda Item No.
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THE STATE OF TEXAS KNOW ALL MEMY THESE PRE5
COUNTY OF ........WICHITA....................
That THE CITY OF WICHITA FAUS, A MUNICIPAL CORPORATION, ACTING HEREIN
BY AND THROUGH ITS DULY AUTHORIZED OFFICERS
for and in consideration of the sum of $1.00 and other valuable consideration, the receipt and sufficiency of which is hereby ac—
knowledged, to us in hand paid by TEXAS ELECTRIC SERVICE COMPANY, hereinafter called Electric Company, does hereby grant,
bargain, sell and convey unto said Electric Company an casement and right—of—way for the constTuction, reconstruction, maintenance,
operation and removal of an underground electric distribution system over, across and under those certain lands described as:
Being described as Lot 8 Out of Block 20, Section 4, of the Belair Addition,
an addition to the City of Wichita Falls, Wichita County, Texas, and being
more particularly described in that certain deed as recorded in Volume 1260,
Page 886, Deed Records of Wichita County, Texas, to which reference is made
for all purposes.
The centerline of the 10-foot wide easement herein granted is described as
follows:
BEGINNING at a point in the East line of said lot 8, said point being 12 feet
North of the most Easterly North-east corner of Lot 8;
THENCE South 70 degrees West, 22 feet to a point.
together with the right of ingress and egress along and upon said easement strip and over and across Grantor's adjoining properties
for the purpose o f constr ucting, reconstructinF, maintaining, operating or removing said underground electric distribution system, and
the right of in ess and egress on the lands immediately adjoining such easement strip as may be necessary to accommodate needed
machinery in tTrle construction or reconstruction on such easement, together with the right to trim or cut down such trees, shrubs or
bushes on or in the immediate vidiniLy of such easement strip as may be necessary in the sole judgment of Electric Company to permit
the proper construction, reconstruction, maintenance or repair of same; and provided further that should there now or hereafter be con—
structed on the re . es covered by such easement fences or other obstructions, the same shall be removed by the owner thereof and
at no cost to Electrrlisc Company, if necessary in the construction, reconstruction, maintenance or removal of said underground distri—
bution system.
The wires and/or conduits to be erected on the above described property by Electric Company shall bellaced underground, except
that Electric Company may install, maintain and operate transformers and service connections iibove groun at points to be determined
by Electric Company.
TO HAVE AND TO HOLD unto the i Electric Company, its successors and as5igns, forever
, e- -C,-'
WITNESS OUR HANDS this ........ V .......... day of .... ............................
ATTEST:
yzn/ ........ ...........
Wilma J. Tharas, City Cierk �11-0:
.....................................................................................
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THE STATE OF TEXAS KNOW ALL MFJNJ1Y._THLS
Z..PRESENTS:
COUNTY OF .......WICHITA................
That THE CITY OF WICHITA FALLS, A MUNICIPAL CORPORATION, ACTING HEREIN By
AND THROUGH ITS DULY AUTHORIZED OFFICERS
for and in consideration of the sum of $1.00 and other valuable consideration, the receipt and sufficiency of which is hereby ac—
knowledged, to us in hand paid by TEXAS ELECTRIC SERVICE COMPANY, hereinafter called Electric Company, does hereby grant,
bargain, sell and convey unto said Electric Company an easement and right—of—way for the constTuction, reconstruction, maintenance,
operation and removal of an underground electric distribution system over, across and under those certain lands described as:
Being described as a 6 acre tract of land out of the O.H.P. Davis Survey, Ab-
stract 65, Wichita County, Texas, and being more particularly described in that
certain deed as recorded in Volume 1262, Page 540, Deed Records of Wichita
County, Texas, to which reference is made for all purposes.
The centerline of the 5-foot wide easement herein granted is described as follows:
BEGINNING at a point in the East line of the above said tract, said point being
5 feet South of the Northwest corner of Lot 26, Block 2, Midwestern Park Sub-
division;
THENCE South 83 degrees West, 216 feet to a point.
together with the right of ingress and egress along and upon said easement strip and over and across Grantor's adjoining properties
for the purpose of constructing, reconstructin�, maintaining, operating or removing said underground electric distribution system, and
the right of in�ress and egress on the lands immediately adjoining such easement strip as may be necessary to accommodate needed
machinery in the construction or reconstruction on such easement, together with the right to trim or cut down such trees, shrubs or
bushes on or in the immediate vidinity of such easement strip as may be necessary in the sole judgment of Electric r Company to permit
the proper constructi.on,reconstruction, maintenance or repair of same; and provided further that should there now o hereafter be con—
structed on the emises covered by such easement fences or other obstructions, the same shall be removed by the owner thereof and
at no cost to E ectric Company, if necessary in the construction, reconstruction, maintenance or removal of said underground distri—
bution system.
The wires and/or conduits to be erected on the above described property by Electric Company shall bellaced underground, except
that Electric Company may install, maintain and operate transformers and service connections itbove groun at points to be determined
by Electric Company.
TO HAVE AND TO HOLD unto the said Electric Company, its successgrs and assign*, forever.
I
WITNESS OUR HANDS this ...........1K*.:U ........ day of ........-.\-,tK< .....
AT=: THE CITY OF WICHI'94J:a�W,.A.MNW 4-.CQBFOR-
.................................. UAT
Wilma J. Tho-mas, City Clerk City Manager
.....................................................................................
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THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document B141
Standard Form of Agreement Between
Owner and Architect
1977 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES;CONSULTATION WITH
AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION
AGREEMENT
made as of the twelfth day of November in the year of Nineteen
Hundred and Eighty-One .
BETWEEN the Owner: City of Wichita Falls
P.O. Box 1431
Wichita Falls , Texas 76307
and the Architect: Harper Perkins Architects
4724 Old Jacksboro. Highway
Wichita Falls , Texas 76302
For the following Project:
(include detailed description of Project location and scope.)
A Tennis Center Building in Hamilton Park adjacent to the existing
Tennis Courts . The Building will be approximately 1800 square feet ,
consisting of a Pro Shop, Public Restrooms , storage , office , sales ,
and other service spaces that are required for mechanical and electri-
cal. The Building is to be constructed of conventional wood frame
construction with wood diagonal siding , and some Mission stone decora-
tion as the cost will allow. The Building will have glass in the East
wall. Part of the existing fence and concrete tennis court will need to
be removed to locate the Building at the Owner' s desired site. This
TQbt wilh t�nc_lu�e a. mi ' Ise�joft.�t&6Wk with no sidewalks .
wcner an e Arc itect agtWg
Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1%1, 1%3, 1%6, 1%7, 1970, 1974, @ 1977 by The American Institute
of Arthitects, 1735 New York Avenue, N W., Wastongton, D.C. 20cxk Reproduction of the material herein or
substantial cluotition of its provisions without permission of the AIA violates the copyright laws of the United
States and will be subjeo to legal prosecution.
AIA DOCUMENT B141 - OWNER-ARCHITLCT AGREEMENf - THIRTEENTH EDITION- JULY 1977- AIA0- C,)1977
THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20OC6 B141-1977 1
Page 2 of 13 Pages
Agenda Item No .— 12.a,
contractors or any other persons performing any of the necessary or advisable for the implementation of the intent
Work, or for the failure of any of them to carry out the of the Contract Documents,the Architect will have author-
Work in accordance with the Contract Documents. ity to require special inspection or testing of the Work in
1.5.6 The Architect shall at all times have access to the accordance with the provisions of the Contract Docu-
W6rk wherever it is in preparation or progress. ments, whether or not such Work be then fabricated, in-
stalled or completed.
1.5.7 The Architect shall determine the amounts owing 1.5.13 The Architect shall review and approve or take
to the Contractor based on observations at the site an n other appropriate action upon thc%Contractor's Submittals
evaluations of the Contractor's Applications for Paym t t, such as Shop Drawings, Product Data and Samples, but
and shall issue Certificates for Payment in such amou s, only for conformance with the design concept of the
as provided in the Contract Documents. 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 %vith reasonable
constitute a representation by the Architect to the Owner, promptness so as to cause no delay. The Architect's ap-
based on the Architect's observations at the site as pro- proval of a specific item shall not indicate approval of an
vided in Subparagraph 1.5.4 and on the data comprising assembly of which the item is a component.
the Contractor's Application for Payment, that the Work 1.5.14 The Architect shall prepare Change Orders for
has progressed to the point indicated; that, to the best of the Owner's approval and execution in accordance with
the Architect's knowledge,information and belief,the qual- the Contract Documents,and shall have authority to order
ity of the Work is in accordance with the Contract Docu- minor changes in the Work not involving an adjustment
ments (subject to an evaluation of the Work for con- in the Contract Sum or an extension of the Contract Time
formance with the Contract Documents upon Substantial which are not inconsistent with the intent of the Contract
Completion, to the results of any subsequent tests re- Documents.
quired by or performed under the Contract Documents, 1.5.15 The Architect shall conduct inspections to deter-
to minor deviations from the Contract Documents cor- mine the Dates of Substantial Completion and final com-
rectable prior to completion,and to any specific qualifica-
tions stated in the Certificate for Payment); and that the pletion, shall receive and forward to the Owner for the
Contractor is entitled to payment in the amount certified. Owner's review written warranties and related documents
However, the issuance of a Certificate for Payment shall required by the Contract Documents and assembled by
not be a representation that the Architect has made any the Contractor, and shall issue a final Certificate for Pay-
examination to ascertain how and for what purpose the ment.
Contractor has used the moneys paid on account of the 1.5.16 The extent of the duties, responsibilities and lim-
Contract Sum. itations of authority of the Architect as the Owner's rep-
1.5.9 The Architect shall be the interpreter of the re- resentative during construction shall not be modified or
quirements of the Contract Documents and the judge of extended without written consent of the Owner, the Con-
the performance thereunder by -both the owner and tractor and the Architect.
Contractor.The Architect shall render interpretations nec- 1.6 PROJECT REPRESENTATION BEYOND BASIC SERVICES
essary for the proper execution or progress of the Work
with reasonable promptness on written request of either 1.6.1 If the Owner and Architect agree that more ex-
the Owner or the Contractor, and shall render written cle- 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 good sentatives, the Architect shall encleavor to provide further
faith in such capacity. protection for the Owner against defects and deficiencies
1.5.11 The Architect's decisions in ma I Hers relating to in the Work,but the furnishing of such project representa-
artistic effect shall be final if consistent with the in tent of tion shall not modify the rights, responsibilities or obliga-
,he Contract Documents. The Archi,ec,', 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. They shall
ment and in he Contract Documents, 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 8141 - OWN�R-ARCHITECT A(,kLLMLNT- 1HIRTLENTH LDHION - JULY 19,77, - AIA30 - 0, 11177
4 B141-1977 THE AMERICAN INSTHUTE OF ARCH11ECIS, 1735 NEW YORK AVENUE, NAV, %%AsIIINGION, D.C. .10006
Page 4 of' 13 Plaps
Agenda Item No. a.
_,�signaie, vvnerl necessarv, , IcH-
I re�,entative authorized to act in the Owner's behalf with the Architect.
respect to the Project. The Owner or such authorized 3.1.3 Construction Cost does not include the compen-
representative shall examine the documents submitted by sation of the Architect and the Architect's consultants,
the Architect and shall render decisions pertaining thereto the cost ot the land, rights-of-way, or other costs which
promptly, to avoid unreasonable delay in the progress of are the responsibility of the Owner as provided in Arti-
the Architect's services. cle 2.
2.4 The Owner shall furnish a legal description and a
certified land survey of the site, giving, as applicable, 3.2 RESPONSIBILITY FOR CONSTRUCTION COST
grades and lines of streets, alleys, pavements and adjoin- 3.2.1 Evaluations of the Owner's Project budget, State-
ing property; rights-of-way, restrictions, easements, en- ments of Probable Construction Coit and Detailed
croachments, zoning, deed restrictions, boundaries and Estimates of Construction Cost, if any, prepared by the
contours of the site; locations, dimensions and complete Architect, represent the Architect's best judgment as a
data pertaining to existing buildings, other improvements clesign prot essional familiar with the construction indus-
and trees; and full information concerning available serv- try. It is recognized, however, that neither the Architect
ice and utility lines both public and private, above and nor the Owner has control over the cost of labor, mate-
below grade, including inverts and depths. rials or equipment, over the Contractor's methods of de-
2.5 The Owner shall furnish the services of soil engi- termining bid prices, or over competitive bidding, market
neers or other consultants when such services are deemed or negotiating conditions. Accordingly, the Architect
necessary by the Architect. Such services shall include test cannot and does not warrant or represent that bids or
borings, test pits, soil bearing Values, percolation tests, air negotiated prices will not vary from the Project budget
and water pollution tests, ground corrosion and resistivity proposed, established or approved by the Owner, if any,
tests, including necessary operations for determining sub- or from any Statement of Probable Construction Cost or
soil, air and water conditions, with reports and appropri- other cost estimate or evaluation prepared by the Archi-
ate professional recommendations. tect.
2.6 The Owner shall furnish structural, mechanical, 3.2.2 No fixed limit of Construction Cost shall be estab-
chemical and other laboratory tests, inspections and re- fished as a condition of this Agreement by the furnishing,
ports as required by law or the Contract Documents. proposal or establishment of a Project budget under Sub-
2.7 The Owner shall furnish all legal, accounting and in- paragraph 1.1.2 or Paragraph 2.2 or otherwise, unless such
-surance counseling services as may be necessary at any fixed limit has been agreed upon in writing and signed by
time for the Project, including such auditing services as the parties hereto. If such a fixed limit has been estab-
lished, the Architect shall be permitted to include con-
-the Owner may require to verify the Contractor's Applica- tingencies for design, bidding and price escalation, to de-
tions for Payment or to ascertain flow or for what pur- terrhine what materials, equipment, component systems
poses the Contractor uses the moneys paid by or on be- and types of construction are to be included in the Con-
half of the Owner. tract Documents, to make reasonable adjustments in the
-2.8 The services, information, surveys and reports re- scope of the Project and to include in the Contract Docu-
quired by Paragraphs 2.4 through 2.7 inclusive shall be ments alternate bids to adjust the Construction Cost to the
furnished at the Owner's expense, and the Architect shall fixed limit. Any such fixed limit shall be increased in the
be entitled to rely upon the accuracy and completeness amount of any increase in the Contract Surn Occurring
thereof. after execution of the Contract for Construction.
2.9 If the Owner observes or otherwise becomes aware 3.2.3 If the Bidding or Negotiation Phase has not com-
of any fault or defect in the Project or nonconformance menced within three months after the Architect submits
with the Contract Documents, prompt written notice the Construction Documents to the Owner, any Project
thereof shall be given by the Owner to the Architect. budget or fixed limit of Construction Cost shall be ad-
2.10 The Owner shall furnish required information and justed to reflect any change in the general level of prices
services and shall render approvals and decisions as ex- in the construction industry between the date of submis-
sion of the Construction Documents to the Owner and
peclitiously as necessary for the orderly progress of the
Architect's services and of the Work. the date on which proposals are sought.
3.2.4 If a Project budget or fixed limit of Construction
ARTICLE 3 Cost (adjusted as provided in Subparagraph 3.2.3) is ex-
ceeded by the lowest bona fide bid or negotiated pro-
CONSTRUCTION COST posal, the Owner shall (1) give written approval of an
3.1 DEFINITION increase in such fixed limit, (2) authorize rebidding or re-
negotiating of the Project within a reasonable time, (3) if
3.1.1 The Construction Cost shall be the total cost or the Project is abandoned, terminate in accordance with
estimated cost to the Owner of all elements of the Project Paragraph 10.2, or (4) cooperate in revising the Project
designed or specified by the Architect. scope and quality as required to reduce the Construction
3.1.1 The Construction Cos, shall include a, current Cos,, In the case of 11), providel a fixed limit of Construc-
market rates, including a reasonable allowance for over- tion Cost has been establkhed as a condition of this Agree-
head and profit, the cost of labor and materials furnished ment, the Architect, without additional charge, shall mod-
by the Owner and any equipment which has been de- ify the Drawings and Specifications as necessary to comply
AIA DOCUMENT B141 - (MNER-ARCHITECT ACKEENWNT - THIRTEENTH EDITION - JUL) M71 - AIAS- �',)1977
6 B141-1977 THE AMLKICAN IN5TIIUlE OF ARCHIILCTS, '1735 NEW YORK AVENUE, N.w., WA51IINCTON, D.C. 20006
Page 6 of 13 Pages
Agenda Item No . 12-a.
r comple- 10.4 Termination Expenses include expenses directly at-
other projects, for additions to this Project,or fo
tion of this Project by others provided the Architect is not tributable to termination for which the Architect is not
in default under this Agreement, except by agreement in otherwise compensated, plus an amount computed as a
writing and with appropriate compensation to the Archi- percentage of the total Basic and Additional Compensa-
tect. tion earned to the time of termination, as follows:
8.2 Submission or distribution to meet official regulatory .1 20 percent if termination occurs during the Sche-
requirements or for other purposes in connection with the matic Design Phase; or
Project is not to be construed as publication in derogation .2 10 percent if termination occurs during the Design
of the Architect's rights. Development Phase; or
.3 5 percent if termination occurs during any subse-
ARTICLE 9 quent phase.
ARBITRATION ARTICLE 11
9.1 All claims, disputes and other matters in question MISCELLANEOUS PROVISIONS
between the parties to this Agreement, arising out of or 11.1 Unless otherwise specified, this Agreement shall be
relating to this Agreement or the breach thereof, Shall be governed by the law of the principal place of business of
decided by arbitration in accordance with the Construc- the Architect.
tion Industry Arbitration Rules of the American Arbitra-
tion Association then obtaining unless the parties mutu- 11.2 Terms in this Agreement shall have the same mean-
ally agree otherwise. No arbitration, arising out of or re- ing as those in AIA Document A201, General Conditions
lating to this Agreement, shall include, by consolidation, of the Contract for Construction, current as of the date
joinder or in any other manner, any additional person not of this Agreement.
a party to this Agreement except by written consent con- 11.3 As between the parties to this Agreement: as to all
taining a specific reference to this Agreement and signed acts or failures to act by either party to this Agreement,
by the Architect, the Owner, and any other person sought any applicable statute of limitations shall commence to
to be joined. Any consent to arbitration involving an ad- run and any alleged cause of action shall be deemed to
ditional person or persons shall not constitute consent to have accrued in any and all events not later than the rele-
arbitration of any dispute not described therein or with vant Date of Substantial Completion of the Work, and as
any person not named or described therein. This Agree- to any acts or failures to act occurring after the relevant
Ment to arbitrate and any agreement to arbitrate with an Date of Substantial Completion, not later than the date of
additional person or persons duly consented to by the issuance of the final Certificate for Payment.
parties to this Agreement shall be specifically enforceable 11.4 The Owner and the Architect waive all rights
under the prevailing arbitration law. against each other and against the contractors, consult-
9.2 Notice of the demand for arbitration shall be filed in ants, agents and employees of the other for damages cov-
writing with the other party to this Agreement and with ered by any property insurance during construction as set
the American Arbitration Association. The demand shall forth in the edition of AIA Document A201, General Con-
be made within a reasonable time after the claim, dispute clitions, current as of the date of this Agreement. The
or other matter in question has arisen. In no event shall Owner and the Architect each shall require appropriate
the demand for arbitration be made after the date when similar waivers from their contractors, consultants and
institution of legal or equitable proceedings based on agents.
such claim, dispute or other matter in question would be
barred by the applicable statute of limitations. ARTICLE 12
9.3 The award rendered by the arbitrators shall be final, SUCCESSORS AND ASSIGNS
and judgment may be entered upon it in accordance with
applicable law in any court having jurisdiction thereof. 12.1 The Owner and the Architect, respectively, bind
themselves, their partners, successors, assigns and legal
representatives to the other party to this Agreement and
ARTICLE 10 to the partners, successors, assigns and legal representa-
TERMINATION OF AGREEMENT tives of such other party with respect to all covenants of
this Agreement. Neither the Owner nor the Architect shall
10.1 This Agreement may be terminated by either party assign, sublet or transfer any interest in this Agreement
upon seven days' written notice should the other party without the written consent of the other.
fail substantially to perform in accordance with its terms
through no fault of the party initiating the termination. ARTICLE 13
10.2 This Agreement may be terminated by the Owner
upon at least seven days' written notice to the Architect EXTENT OF AGREEMENT
in the event that the Project is permanently abandoned. 13.1 This Agreement represents the entire and integrated
10.3 In the event of termination not the fault of the Ar- agreement between the Owner and the Architect and
chitect, the Architect shall be compensated for all services supersedes all prior negotiations, representations or agree-
performed to termination date, together with Reimburs- ments, either written or oral. This Agreement may be
able Expenses then due and all Termination Expenses as amended only by written instrument signed by both
defined in Paragraph 10.4. Owner and Architect.
AIA DOCUMENT B141 - OWNER-AKCHITECT AGREEMENT - 111114TEENIII EDITION - JULY 1977 - AIAO - 0 1977
8 B141-1977 THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVENUE, IN W., WASHINCTON, D.C. 2OU06
Delete Article 9 in its entirety. Page 8 of 13 Pages
Agenda Item No . 12_,_
as described in Paragraph 1,7, and any other servtt_ez, li-,-
14.4.1 FOR ADDITIONAL SERVICES OF THE ARCHITECT , Additional Services of consultants, Compen-
cluded in Article 15 as part of Additional Services, but excluding
sation shall be computed as follows: spense for Pincirlif, ind emplo)e(', and idenlay prillLipal,
(Here insert basis 01 con"Pells"tion, including rates and'or multiples of Ditect i)ersonnel E apply, it neressar)
and oissay employees. it required. Identify specific services to %vhich particular methods ot compensation
Employee's time at a multiple of three (3) times their Dirdct Personnel Expense
as defined in Article 4:
Darryl R. Rodgers $10.30
Sam Kenshalo $ 4.33
Linda Hill $ 6.55
Charley Strickland $ 7.98
If any other Employee is used, their Direct Personnel Expense will be forwarded
to you by letter.
Charles Harper, Ralph Perkins, and Larry Tanner are Principals in the firm.
Their time will be charged at $40.00 per hour with no multiplier. The hourly
rates indicated above are effected until 1 March 1982, at which time a letter of
amendment shall be issued by the Architect indicating the new hourly rates
following the annual salary reviews and adjustments.
14.4.2 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and elec ical
rovided under Subparagraph 1.7.21 or identified in Article 15 as part of Addi-
engineering services and those p 1.5 1 times the amounts billed
tional Services,a multiple of one and one-half
to the Architect for such services.
(identify specific types of consultants in Article 15.if re(imled
14.5 FOR REIMBURSABLE EXPENSES,as described in Article 5, and any other items included in Article 15 as Reirn-
bursable Expenses a multiple of one and one-half nSUlt(nts in 1 h 5 ) times tile amounts ex-
pended by the �rchitect, the Architect's employees and co a t e interest of the Project.
all bear interest from the date payment is
14.6 Payments due the Architect and unpaid under this Agreement sh, e
due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the principal p ic Of
business of the Architect.
(Here insert any rate of interest agreed upon.) g Act Sinjilir wit. and local ton,univr lays, arld oIllv( regulill"'l, .11 Ihe
(Usury li— Jold reflifirenlerlis under I)Ic federal Truth in lendin "I't-where n1i) ill-I the siWily J the,pm—It'll spe"I" leg.11
-ss, tile itwition of the Pruivit and
Owner" an,I Arthifect's principal placCS of husin( or other requirements suit, i wriitt�n th%cl(i,ures or v,il%er%I
advice sl1j)uid ile obtained will, lesPect - cit-li-tion, modairation,ance with the Terms and Conditions of this Agreement that:
14.7 The Owner and the Architect agree in accord
14.1 7.1 IF THE SCOPE of the Project or of the Architect's Services is changed materially, the amounts of compensation
shall be equitably adjusted.
14.7.2 IF THE SERVICES covered by this Agreement have not been completed within twelve (12)
XX)J 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. See Article 15.2.
%,NER,KCHITFCT A-REiMENT - 11ilkTWNIH WITION- JULY 477- A00 - Q 1977
AIA DOCUMENT 8141 - O� . UE, N%V., WASHINGTON. V C. 20006
10 B141-1977 THE AMERICAN INS ill UTE OF ARCHITECTS, 1735 NEW YORK AVLN
Page 10 of 13 Pages
Agenda Item No .-12.a.
This Agreement entered into as of the day and year first written above.
OWNER ARCHITECT
THE CITY OF WICHITA FALLS HARPER PERKINS ARCHITECTS
iw
A
of
BY By
Stuart Bach, City Manager Charles F. Harper AIA, President
Texas Registration No. 2273
By the Authority of the City Council has "rhe Texas Board of Architectural
, entered in the minutes of their meeting of Examiners, 6555 N. Lamar Blvd..
November 1981. Bldg. H-117, Austin, Texas 78751,
Phone: 617-458-1363, has jurisdic-
tiOn over individuals licensed under
the Architects ReZistratioa Law,
Artioliq P.Qa, VTCS.-I
AIA DOCUMENT 8141 - OWNER-ARCHITECT AGREEMENr - THIRTEENTH EDITION - JULY 19,7 - AIAV (01977
12 B141-1977 THE AMERICAN INSTITUTE Of ARCHITECTS, 173S NEW YORK AVENUE, N.W., WASHIN(,TON, D.C. 20oula
Page 12 of 13 Pages
Agenda Item
THE AMERICAN INSTITUTE OF ARCHITECTS
A/A Document B141
Standard Form of Agreement Between
Ownerand Architect
1977 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES;CONSULTATION WITH
AN ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION
AGREEMENT
made as of the third day of November in the year of Nineteen
Hundred and Eighty-One ,
BETWEEN the Owner: City of Wichita Falls
P.O. Box 1431
Wichita Falls , Texas 76307
and the Architect: Harper Perkins Architects
4724 Old Jacksboro Highway
Wichita Falls , Texas 76302
For the following Project:
(include detailed description of Project location and scope.)
Renovation of the Police Headquarters Building but limited to remodeling
of the north end of the structure now occupied by the Courtroom and
related offices . The construction budget shall not exceed $35,000 exclusive of
furnishings. Every effort shall be made by the Architect and the owner- to mutually
work an acceptable and timely solution to meet this budget figure.
The Owner and the Architect agree as set forth below.
Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, (D 1977 by The American Institute
of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or
substantial quotation of its provisions without permission of the ALA violates the copyright laws of the United
States and will be subject to legal prosecution.
AIA DOCUMENT B141 - OWNER-ARCHITECT AGREEMENT- THIRTEENTH EDITION- JULY 1977 - AIAO - Q 1977
THE AMERICAN I NST IT UTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1977 I
(This Page Is Blank)
TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
ARTICLE 1 ments to previous Statements of Probable Construction
ARCHITECT'S SERVICES AND RESPONSIBILITIES Cost indicated by changes in requirements or general
market conditions.
BASIC SERVICES 1.3.4 The Architect shall assist the Owner in connection
The Architect's Basic Services consist of the five with the Owner's responsibility for filing documents re-
phases described in Paragraphs 1.1 through 1.5 and qUired for the approval of governmental authorities hav-
include normal structural, mechanical and electrical ing jurisdiction over the Project.
engineering services and any other services included 1.4 BIDDING OR NEGOTIATION PHASE
in Article 15 as part of Basic Services.
1.1 SCHEMATIC DESIGN PHASE 1.4.1 The Architect, following the Owner's approvA of
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 tile Owner. 1.5 CONSTRUCTION PHASE—ADMINISTRATION
1.1.2 The Architect shall provide a preliminary evalua- OF THE CONSTRUCTION CONTRACT
tion of the program and the Project budget requirements 1.5.1 The Construction Phase will commence with the
each in terms of the other, subject to the limitations set' award of the Contract for Construction and, together with
forth in Subparagraph 3.2.1. the Architect's obligation to provide Basic Services Undor
1.1.3 The Architect shall review with the Owner alterha- this Agreement, will terminate when final payment to file
tive approaches to design and construction of the Project. Contractor is due, or in the absence of a final Certificate
1.1.4 Based on the mutually agreed upon program and for Payment or of such due date, sixty days after the Date
Project budget requirements, the Architect shall prepare, of Substantial Completion of the Work, whichever Occurs
for approval by the Owner, Schematic Design Documents first.
consisting of drawings and other documents illustrating 1.5.2 Unless otherwise provided in this Agreement and
the scale and relationship of Project components. incorporated in the Contract Documents, the Architect
1.1.5 The Architect shall submit to the Owner a State- shall provide administration of the Contract for Construc-
ment of Probable Construction Cost based on current tion as set forth below and in the edition of AIA Docu-
area, volume or other unit costs. rnent 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 tile Owner in and consult with the Owner. Instructions to the Contrac-
the program or Project budget, the Architect shall pre- tor 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 tile Owner
Documents consisting of drawings and other documents only to tile 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 ip-
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 DOCUrnents. However, the Archi-
1.3.1 Based on the approved Design Development Doc- I.ect shall not be required to make exhaustive or con-
uments and any further adjustments in the scope or qual- tinuous on-site inspections to check the quality or qUan-
ity of the Project or in the Project budget authorized by tity of tile Work. On the basis of such on-site observa-
the Owner, tile Architect shall prepare, for approval by tions as an architect the Architect shall keep the Owner
the Owner, Construction Documents consisting of Draw-
ings and Specifications setting forth in detail the require- informed of the progress and quality of the Work, and
ments for tile construction of the Project, shall endeavor to guard the Owner against defects and
deficiencies in the Work of the Contractor.
1.3.2 The Architect shall assist [tie Owner in the prepara- 1.5.5 The Architect shall not have control or charge of
tion of the necessary bidding information, bidding forms, and shall not be responsible for construction means,
the Conditions of the Contract, and the form of Agree- methods, techniques, sequences or procedures, or for
ment between the Owner and the Contractor. safety precautions and programs in onnection with the
1.3.3 The Architect shall advise the Owner of any adjust- Work, for the acts or omissions of tche Contractor, Sub-
AIA DOCUMENT 8141 - OWNFR-ARCI IITECT AGREEMENT- JHIRTEENTH EDITION - IULY 1977 - AIMD o Q 1977
THE AMERICAN INSHTUIE OF ARCHIIECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1977 3
contractors or any other persons performing any of the necessary or advisable for the implementation of the intent
Work, or for the failure of any of them to carry out the of the Contract Documents,the Architect will have author-
Work in accordance with the Contract Documents. ity to require special inspection or testing of the Work in
1.5.6 The Architect shall at all times have access to the accordance with the provrions of the Contract Docu-
Work wherever it is in preparation or progress. ments, whether or not such Work be then fabricated, in-
stalled or completed.
1.5.7 The Architect shall determine the amounts owing 1.5.13 The Architect shall review and approve or take
to the Contractor based on observations at the site and on other appropriate action upon the Contractor's submittals
evaluations of the Contractor's Applications for Payment, such as Shop Drawings, Product Data and Samples, but
and shall issue Certificates for Payment in such amounts, only for conformance with the design concept of the
as provided in the Contract Documents. 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,anti shall have authority to order
ity of the,Work is in accordance with the Contract-Docu- minor changes in tile Work not involving an adjustment
ments (subject to an evaluation of the Work for con- in the Contract Sum or an extension of the Contract Time
formance with the Contract Documents upon Substantial which are not inconsistent with the intent of the Contract
Completion, to the results of any subsequent tests re- Documents.
quired by or performed under the Contract Documents, 1.5.15 The Architect shall conduct inspections to cleter-
to minor deviations from the Contract Documents cor-
rectable prior to completion, and to any specific qualifica- mine the Dates of Substantial Completion and final com-
tions stated in the Certificate for Payment); and that the pletion, shall receive and- forward to the Owner for the
Contractor is entitled to payment in the amount certified. Owner's review written warranties and related documents
However, the issuance of a Certificate for Payment shall required by the Contract Documents and assembled by
not be a representation that the Architect has made any the Contractor, and shall issue a final Certificate for Pay-
examination to ascertain how and for what purpose the ment.
Contractor has used the moneys paid on account of the 1.5.16 The extent of the duties, responsibilities and lim-
Contract Sum. itations of authority of the Architect as the Owner's rep-
1.5.9 The Architect shall be the interpreter of the re- iesentative 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 1.6.1 If the Owner and Architect agree that more ex-
with reasonable promptness on written request of either tensive representation at the site than is described in
the Owner or the Contractor, and shall render written de- Paragraph 1.5 shall be provided, the Architect shall pro-
cisions, within a reasonable time, on all claims, disputes vide one or more Project Representatives to assist the
and other matters in question between the Owner and the Architect in carrying out such responsibilities at the site.
Contractor relating to the execution or progress of the be selected, em-
Work or the interpretation of the Contract Documents. 1.6.2 Such Project Representatives shall
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 tile 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 gocrd sentatives, the Architect shall endeavor to provide further
faith in such capacity. protection for the Owner against defects and deficiencies
1.5.11 The Architect's decisions in matters relating to in the Work,but the furnishing Of Such project representa-
artistic effect shall be final if consistent with the intent of tion shall not modify the rights, responsibilities or obliga-
the Contract Documents. The Architect's decisions on tions of tile 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. They shall
ment and in the Contract Documents. be provided if authorized or confirmed in writing by
1.5.12 The Architect shall have authority to reject Work tile 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.
ALA DOCUMENT B141 - OWNER-ARCHITECT AGREEMENT - THIRTEENTH EDITION * IL11Y 1477 - A[A-)- (r)1977
4 0141-1977 THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVLNU[, N.W., V�AsHINGION, D.C. 2WO6
1.7.1 Providing analyses of the Owner's needs, and pro- struction, and furnishing services as may be required in
gramming the requirements of the Project, connection with the replacement of such Work.
1.7.2 Providing financial feasibility or other special 1.7.16 Providing services made necessary by the default
studies. of the Contractor, or by major defects or deficiencies in
1.7.3 Providing planning surveys, site evaluations, envi- the Work of the Contractor, or by failure of performance
ronmental studies or comparative studies of prospective of either the Owner or Contractor under the Contract for
sites, and preparing special surveys, studies and submis- Construction.
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
Yerify the accuracy of drawings or other information fur- and maintenance, and consultation during operation.
nished by the Owner.
1.7.19 Providing services after issuance to the Owner of
1.7.6 Preparing documents of alternate, separate or the final Certificate for Payment, or in the absence of a
sequential bids or providing extra services in connection final Certificate for Payment, more than sixty days after
with bidding, negotiation or construction p�ior to the the Date of Substantial Completion of the Work.
completion of the Construction Documents'Phase, when 1.7.20 Preparing to serve or serving as an expert witness
requested by the Owner. in connection with any public hearing, arbitration pro-
1.7.7 Providing coordination of Work performed by ceeding or legal proceeding.
separate contractors or by the Owner's own forces. 1.7.21 Providing services of consultants for other than
1.7.8 Providing services in connection with the work of the normal architectu-ral, structural, mechanical and elec-
a construction manager or separate consultants retained trical engineering services for the Project.
by the Owner. 1.7.22 Providin.g any other services not otherwise in-
1.7.9 Providing Detailed Estimates of Construction Cost, cluded in this Agreement or not customarily furnished in
analyses of owning and operating costs, or detailed quan- accordance with generally accepted architectural practice.
tity surveys or inventories of material, equipment and 1.8 TIME
labor.
1.8.1 The Architect shall perform Basic and Additional
1.7.10 Providing interior design and other similar ser- Services as expeditiously as is consistent with professional
vices required for or in connection with the selection, skill and care and the orderly progress of the Work. Upon
procurement or installation of furniture, furnishings and request of the Owner, the Architect shall submit for the
related equipment. Owner's approval a schedule for the performance of the
1.7.11 Providing services for planning tenant or rental Architect's services which shall be adjusted as required as
spaces. the Project proceeds,and shall include allowances for peri-
1.7.12 Making revisions in Drawings, Specifications or ods of time required for the Owner's review and approval
other documents when such revisions are inconsistent of submissions and for approvals of authorities having
with written approvals or instructions previously given jurisdiction over the Project.This schedule,when approved
by the Owner, shall not, except for reasonable cause, be
are required by the enactment or revision of codes, laws exceeded by the Architect.
or regulations subsequent to the preparation of such doc-
uments or are due to other causes not solely within the
control of the Architect. ARTICLE 2
1.7.13 Preparing Drawings,Specifications and supporting THE OWNER'S RESPONSIBILITIES
data and providing other services in connection with
Change Orders to the extent that the adjustment in the 2.1 The Owner shall provide full information regarding
Basic Compensation resulting from the adjusted Con- requirements for the Project including a program, which
struction Cost is not commensurate with the services re- shall set forth the Owner's design objectives, constraints
quired of the Architect, provided such Change Orders are and criteria, including space requirements and relation-
required by causes not solely within the control of the ships, flexibility and expanclability, special equipment and
Architect. systems and site requirements.
1.7.14 Making investigations, surveys, valuations, inven- 2.2 If the Owner provides a budget for the Project it
tories or detailed appraisals of existing facilities, and serv- shall include contingencies for bidding, changes in the
ices required in connection with construction performed Work during construction, and other costs which are the
by the Owner. responsibility of the Owner, including those described in
this Article 2 and in Subparagraph 3.1.2. The Owner shall,
1.7.15 Providing consultation concerning replacement of at the request of the Architect, provide a statement of
any Work damaged by fire or other cause during con- funds available for the Project,and their source.
AIA DOCUMENT 8141 - OWNER-ARCHITECT AGREEMENT- THIRTEENTH EDITION - JULY 1977- AIAO- @ 1977
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1977 5
2.3 The Owner shall designate, when necessary, a rep- signed, specified, selected or specially provided for by
resentative authorized to act in the owner's behalf with the Architect.
respect to the Project. The Owner or such authorized 3.1.3 Construction Cost does not include the compen-
representative shall examine the documents submitted by sation of the Architect and the Architect's consultants,
the Architect and shall render decisions pertaining thereto the cost of the land, rights-of-way, or other costs which
promptly, to avoid unreasonable delay in the progress of are the responsibility of the Owner as provided in Arti-
the Architect's services. cle 2.
2.4 The Owner shall furnish a legal description and a 3.2 RESPONSIBILITY FOR CONSTRUCTION COST
certified land survey of the site, giving, as applicable,
grades and lines of streets, alleys, pavements and adjoin- 3.2.1 Evaluations of the Owner's Project budget, State-
ing property; rights-of-way, restrictions, casements, en- ments of Probable Con,,truction 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 a
data pertaining to existing buildings, other improvements design professional familiar with the construction indus-
and trees; and full information concerning available serv- try. It is recognized, however, that neither the Architect
ice and utility lines both public and private, above and nor the Owner has control over the cost of labor, mate-
below grade, including inverts and depths. 7� ' 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 inclVde test cannot and does not warrant or represent that bids or
borings, test pits, soil bearing values, percolation tests, air negotiated prices will not vary from the Project budget
and water pollution tests, ground corrosion and resistivity proposed, established or approved by the Owner, if any,
tests, including necessary operations for determining sub- or from any Statement of Probable Construction Cost or
soil, air and water conditions, with reports and appropri- other cost estimate or evaluation prepared by the Archi-
ate professional recommendations. tect.
2.6 The Owner shall furnish structural, mechanical, 3.2.2 No fixed limit of Construction Cost shall be estab-
chemical and other laboratory tests, inspections and re- lished as a condition of this Agreement by the furnishing,
ports as required by law or the Contract Documents. proposal or establishment of a Project budget under Sub-
paragraph 1.1.2 or Paragraph 2.2 or otherwise, unless such
2.7 The Owner shall furnish all legal, accounting and in- fixed limit has been agreed upon in writing and signed by
surance counseling services as may be necessary at any the parties hereto. If such a fixed limit has been estab-
time for the Project, including such auditing services as lished, the Architect shall be permitted to include con-
the Owner may require to verify the Contractor's Applica- tingencies for design, bidding and price escalation, to de-
tions for Payment or to ascertain how or for what pur- termine what materials, equipment, component systems
poses the Contractor Uses the moneys paid by or on be- and types of construction are to be included in the Con-
half of the Owner. tract DOCLIments, to make reasonable adjustments in the
2.8 The services, information, surveys and reports re- scope of the Project and to include in the Contract Docu-
quired by Paragraphs 2.4 through 2.7 inclusive shall be ments alternate bids to adjust the Construction Cost to the
furnished at the Owner's expense, and the Architect shall fixed limit. Any Such fixed limit shall be increased in the
be entitled to rely upon the accuracy and completeness amount of any increase in the Contract Sum Occurring
thereof. after execution of the Contract for Construction.
2.9 If the Owner observes or otherwise becomes aware 3.2.3 if the Bidding or Negotiation Phase has not com-
of any fault or defect in the Project or nonconformance menced within three months after the Architect submits
with the Contract Documents, prompt written notice the Construction Documents to the Owner, any Project
thereof shall be given by the Owner to the Architect. budget or fixed limit of Construction Cost shall be ad-
2.10 The Owner shall furnish required information and jUsted to reflect any change in the general level of prices
services and shall render approvals and decisions as ex- in the construction industry between the date of submis-
peditiously as necessary for the orderly progress of the Sion of the Construction Documents to the Owner and
Architect's services and of the Work. the date on which proposals are sought.
3.2.4 .If a- Project budget or fixed limit of Construction
ARTICLE 3 Cost (adjusted as provided in Subparagraph 3.2.3) is ex-
ceeded by the lowest bona fide bid or negotiated pro-
CONSTRUCTION COST posal, the Owner shall (1) give written approval of an
increase in such fixed limit, (2) authorize rebidding or re-
3.1 DEFINITION negotiating of the Project within a reasonable time, (3) if
3.1.1 The Construction Cost shall be the total cost or the Project is abandoned, terminate in accordance with
estimated cost to the Owner of all elements of the Project Paragraph 10.2, or (4) cooperate in revising the Project
designed or specified by the Architect. scope and quality as required to reduce the Construction
3.1.2 The Construction Cost shall include at current Cost. in the case of (4), provided a fixed limit of ConstrUC-
market rates, including a reasonable allowance for over- tion Cost has been establishedas a condition of this Agree-
head and profit, the cost of labor and materials furnished ment, the Architect,Without additional charge, shall mod-
by the Owner and any equipment which has been de- ify the Drawings and Specifications as necessary to comply
AIA DOCUMENT B141 - OWNER-ARCIIITECf AGREEMENT- THIRTEENTH EDITION - ILI[Y 1977 - AIA& - n, 1977
6 B141-1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENIJU, N.W., V�ASIIINGION, D.C. -)OW6
with the fixed limit. The providing of such service shall be or extended through no fault of the Architect, compensa-
the limit of the Architect's responsibility arising from the tion tor any Basic Services required for Such extended
establishment of such fixed limit, and having done so, the period of Administration of the Construction Contract
Architect shall be entitled to compensation for all services shall be computed as set forth in Paragraph 14.4 for Addi-
performed, in accordance with this Agreement, whether tional Services.
or not the Construction Phase is commenced. 6.1.4 When compensatidn is based on a percentage of
Construction Cost, and any portions of the Project are
ARTICLE 4 deleted or otherwise not constructed, compensation for
DIRECT PERSONNEL EXPENSE such portions of the Project shall be payable to the extent
services are 'Derformed on such portions, in accordance
4.1 Direct Personnel Expense is defined as the direct sal- with the schedule set forth in Subparagraph 14.2.2, based
aries of all the Architect's personnel engaged on the Proj- on (1) the lowest bona fide bid or negotiated proposal or,
ect, and the portion of the cost of their mandatory and (2) if no such bid or proposal is received, the most recent
customary contributions and benefits related thereto, such Statement of Probable Construction Cost or Detailed Esti-
as employment taxes and other statutory employee bene- mate of Construction Cost for such portions of the Project.
fits, insurance, sick leave, holidays, vacations, pensions 6.2 PAYMENTS ON ACCOUNT OF
and similar contributions and benefits. ADDITIONAL SERVICES
ARTICLE 5 6.2.1 Payments on account of the Architect's Additional
Services as defined in Paragraph 1.7 and for Reimbursable
REIMBURSABLE EXPENSES Expenses as defined in Article 5 shall be made monthly
upon presentation of the Architect's statement of services
5.1 Reimbursable Expenses are in addition to the Com- rendered or expenses incurred.
pensation for Basic and Additional Services and include
actual expenditures made by the Architect and the Archi- 6.3 PAYMENTS%VITHHELD
tect's employees and consultants ir. the interest of the 6.3.1 No deductions shall be'made from the Architect's
Project for the expenses listed in the following Sub- compensation on account of penalty, liquidated damages
paragraphs: or other sums withheld from payments to contractors,"or
5.1.1 Expense of transportation in connection with the on account of the cost of changes in the Work other than
Project; living expenses in connection with out-of-tov,,n. those for which Ahe Architect is held legally liable.
travel.; long distance communications7 and fees paid for 6.1 4 PROJECT SUSPENSION OR TERMINATION
securing approval of authorities having jurisdiction over
the Project. 6.4.1 If the Project is suspended or abandoned in whole
or in part for more than three months, the Architect shall
5.1.2 Expense of reproductions, postage and handling of be compensated for all services performed prior to receipt
Drawings, Specifications and other documents, excluding of written notice from the Owner of such suspension 0 r
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
5.1.3 Expense of data processing and photographic pro- 10.4. If the Project is resumed after being suspended for
0
cluction techniques when used in connection with Addi- more than three months, the Architect's compensation
tional Services. shall be equitably adjusted.
5.1.4 If authorized in advance by the Owner, expense of
overtime work requiring higher than regular rates. ARTICLE 7
5.1.5 Expense of renderings, models and mock-ups re- ARCHITECT'S ACCOUNTING RECORDS
quested by the Owner.
5.1.6 Expense of any additional insurance coverage or 7.1 Records of Reimbursable Expenses and expenses per-
limits, including professional liability insurance, requested taining to Additional Services and services performed on
1� the basis of a Multiple of Direct Personnel Expense shall
by the Owner in excess of that normally carried by the
Architect and the Architect's consultants. be kept on the basis of generally accepted accounting
principles and shall be available to the Owner or the
ARTICLE 6 Owner's authorized representative at mutually convenient
times.
PAYMENTS TO THE ARCHITECT ARTICLE 8
6.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES
6.1.1 An initial payment as set forth in Paragraph 14.1 is OWNERSHIP AND USE OF DOCUMENTS
-the minimum payment under this Agreement. 8.1 Drawings and Specifications as instruments of serv-
o ice are and shall remain the property of the Architect
6.1.2 Subsequent payments for Basic Services shall be whether the Project for which they are made is executed
made monthly and shall be in proportion to services per- or not. The Owner shall be permitted to retain copies, in-
formed within each Phase of services, on the basis set
forth in Article 14. cluding reproducible copies, of Drawings and Specifica-
tions for information and reference in connection with the
6.1.3 If and to the extent that the Contract Time initially Owner's Use and Occupancy of the Project. The Drawings
established in the Contract for Construction is exceeded and Specifications shall not be used by the Owner on
AIA DOCUMENT B141 - OWNER-ARCHITECT AGREE,0FNT- THIRTEENTH EDITION - JULY 1977 - AIA� - (D 1977
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINCTON, D.C. 20006 B141-1977 7
other projects, for additions to this Project,or for comple- 10.4 Termination Expenses include expenses directly at-
tion of this Project by others provided the Architect is not tributable to termination for which the Architect is not
in default under this Agreement, except by agreement in otherwise compensated, plus an amount computed as a
writing and with appropriate compensation to the Archi- percentage of the total Basic and Additional Compensa-
tect. tion earned to the time of termination, as follows:
8.2 Submission or clistribution�to meet official regulatory .1 20 percent if termination Occurs during the Sche-
requirements or for other purposes in connection with the matic Design Phase; or
Project is not to be construed as publication in derogation .2 10 percent if termination occurs during the Design
of the Architect's rights. Development Phase; or
.3 5 percent if termination occurs during any subse-
ARTICLE 9 quent phase.
ARBITRATION ARTICLE 11
9.1 All claims, disputes and other matters in question MISCELLANEOUS PROVISIONS
between the parties to this Agreement, arising out of or
relating to this Agreement or the breach thereof, shall be 11.1 Unless otherwise specified, this Agreement shall be
decided by arbitration in accordance with the C'onstruc- governed by the law of the principal place of business of
tion Industry Arbitration Rules of the.American Arbitra- the Architect.
tion Association then obtaining unless the parties mutu- 11.2 Terms in this Agreement shall have the same mean-
ally agree otherwise. No arbitration, arising out.-of or re- ing as those in AIA Document A201, General Conditions
lating to this Agreement, shall include, by consolidation, of the Contract for Construction, current as of the date
joinder or in any other manner, any additional person not of this Agreement.
a party to this Agreement except by written consent con- 11.3 As between the parties to this Agreement: as to all
taining a specific reference to this Agreement and signed acts or failures to act by either party to this Agreement,
by the Architect, the Owner, and any other person sought any applicable statute of limitations shall commence to
to be joined. Any consent to arbitration involving an ad- run and any alleged cause of action shall be deemed to
ditional person or persons shall not constitute consent to have accrued in any and all events not later than the rele-
arbitration of any dispute not described therein or with vant Date of Substantial Completion of the Work, and as
any person not named or described therein. This Agree- to any acts or failures to act occurring after the relevant
ment to arbitrate and any agreement to arbitrate with an Date of Substantial Completion, not later than the date of
additional peson 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 Nvaive all rights
against each other and against the contractors, consult-
9.2 Notice of the demand for arbitration shall be filed in ants, agents and employees of the other for damages cov-
writing with the other party to this Agreement and with ered by any property insurance during construction as set
the American Arbitration Association. The demand shall forth in tile edition of AIA Document A201, General Con-
be made within a reasonable time after the claim, dispute ditions, current as of the date of this Agreement. The
or other matter in question has arisen. In no event shall Owner and the Architect each shall require appropriate
the demand for arbitration be made after the date when similar waivers from their contractors, consultants and
institution of legal or equitable proceedings based on agents.
such claim, dispute or other matter in question would be
barred by the applicable 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 I the Owner ARTICLE 13
upon at least seven days' written notice to the Architect EXTENT OF AGREEMENT
in the event that the Project is permanently abandoned. 13.1 This Agreement represents the entire and integrated
10.3 In the event of termination not the fault of the Ar- agreement between the Owner and the Architect and
chitect, the Architect shall be compensated for all services supersedes all prior negotiations, representations or agree-
performed to termination date, together with Reimburs- ments, either written or oral. This Agreement may be
able Expenses then due and all Termination Expenses as amended only by written instrument signed by both
defined in Paragraph 10.4. Owner and Architect.
AIA DOCUMENT B141 - OWNER-ARCHITECT AGREEMENT - THIRTEENTH EDITION - JULY 1977 - AIA,'& - 0 1977
8 B141-1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
ARTICLE 14
BASIS OF COMPENSATION
The Owner shall compensate the Architect for the Scope of Services provided, in accordance with Article 6, Payments
to the Architect, and the other Terms and Conditions of this Agreement,as follows:
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:
14.2 BASIC COMPENSATION
14.2.1 FOR BASIC SERVICES, as described in Paragraphs 1.1 through 1.5, and any other services included in Article 15
as part of Basic Services, Basic Compensation shall be computed as.follows:
(Here insert basis of compensation, including fixed amounts, multiples or percentages,and identify Phases to which particular methods of compensa-
tion apply,if neces5ary.)
The Architect's billing shall be on a multiple of three (3) times the Direct
Personnel Expense hut the total of these billings at the end of the Work shall
not exceed 11.5% of the Construction Cost as defined in Article 3. The Employees'
Direct Personnel Expense as defined in Article 4 is as follows:
Darryl Rodgers $ 10.30 Traci Griffin $ 4.33
Sam Kenshalo $ 4.33 Charley Strickland $ 7.98
Linda Hill $ 6.55
Charles Harper, Ralph Perkins, and Larry Tanner are the Principals in the firm.
Their time will be charged at $40.00 per hour with no multiplier. The maximum fee
for the work and cost described shall be 11.5% X 35,000 = $4025. Any substantial
change in scope, budget or time shall require a change in the maximum fee amount.
The hourly rates indicated above are effective until 1 March 1982 at which time a
letter ammendment shall be issued by the Architect indicating the new hourly rates
following the annual salary review and adjustments.
14.2.2 Where compensation is based on a Stipulated Sum or Percentage of Construction Cost, payments for Basic
Services shall be made as provided in Subparagraph 6.1.2, so that Basic Compensation for each Phase shall
equal the following percentages of the total Basic Compensation payable:
(include any additional Phases as appropriate.)
Schematic Design Phase: fifteen percent(15 %)
Design Development Phase: twenty percent(20 %)
Construction Documents Phase: forty percent(40 %)
Bidding or Negotiation Phase: five percent(05 %)
Construction Phase: twenty percent(20 %)
TOTAL: one hundred percent(100%)
14.3 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 1.6, Compensation shall
be computed separately in accordance with Subparagraph 1.6.2.
AIIA DOCUMENT 8141 - OWNER-ARCHITECT AGREENAENT- THIRTEENTH EDITION - JULY 1977 - AIA-V 1977
THE AMERICAN INSTITUTE OF ARCHITECTS, 1733 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1977 9
14.4 COMPENSATION FOR ADDITIONAL SERVICES
14.4.1 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Paragraph 1.7, and any other services in-
cluded in Article 15 as part of Additional Services, but excluding Additional Services of consultants, Compen-
sation shall be computed as follows:
(Here insert basis of compensation, including rates andlor multiples of Direct Personnel Expense for Principals and employees, and identify Principals
and classify employees, if required. Identify specific services to which particular methods of compensation apply, it necessary.)
As defined in Article 14.2.1
14.4.2 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical
engineering services and those provided under Subparagraph 1.7.21 or identified in Article 15 as part of Addi-
tional Services,a multiple of one and one—half 1.5 times the amounts billed
to the Architect for such services.
(Identify specific types of consultants in Article 15,if required.)
14.5 FOR REIMBURSABLE EXPENSES,as described in Article 5, and any other items included in Article 15 as Reim-
bursable Expenses,a multiple of one and one—half 1.5 � ) times the amounts ex-
pended by the Architect, the Architect's employees and consultants in the interest of the Project.
14.6 Payments due the Architect and unpaid under this Agreement shall bear interest from the date payment is
due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the principal place of
business of the Architect.
(Here insert any rate of interest agreed upon.)
(Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the
Owner's and Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal
advice should be obtained with respect to deletion, modification, or other requirements such as written disclosures or waivers.)
14.7 The Owner and the Architect agree in accordance with the Terms and Conditions of this Agreement that:
14.7.1 IF THE SCOPE of the Project or of the Architect's Services is changed materially, the amounts of compensation
shall be equitably adjusted.
14.7.2 IF THE SERVICES covered by this Agreement have not been completed within twelve
�2) months of the date hereof, through no fault of the Architect, the amounts of compensation, rates and
multiples set forth herein shall be equitably adjusted.
SEE APTICLE 15.2
AIA DOCUMENT B141 - OWNER-ARCHITECT AGREEMENT- THIRTEENTH EDITION - JULY 1977 - AIAI�.�.@ 1977
10 B141-1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D 20006
ARTICLE 15
OTHER CONDITIONS OR SERVICES
15.1 Delete Articles 5.1.1, 5.1.2, and 5.1.4 from Reimbursable
Expenses. These services shall be included as a part of the
Basic Services.
15.2 The twelve month time frames shall be through the construction
phase. It is anticipated working drawings complete and bids
accepted 1 March 1982 -a,nd construction complete on or before
3 November 1982.
AIA DOCUMENT B141 - OWNER-ARCHITECT AGREEMENT- THIRTEENTH EDITION JULY 1977 AIA8 0 1977
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1977 11
This Agreement entered into as of the day and year first written above.
OWNER ARCHITECT
CITY OF WICHITA FALLS HARPER PERKINS ARCHITECTS
BYI
ly Bach, City Manager CTFa_rI_es F. Harper AIA,--Prlsident
Texas Registration No. 2273
"The Texas Board of Architectural
Examiners, 5555 N. Lamar Blvd. ,
Bldg. H-117, Austin, Texas 78751,
Phone: 517-458-1363, has jurisdic-
tion over individuals licensed under
the Architects Registration Law,
Article 249a, VTCS."
AIA DOCUMENT B141 OWNER-ARCHITECT AGREEMENT* THIRTEENTH EDITION - JULY 1977- AlAe 1977
12 B141-1977 THE AMERICAN INST ITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
EXHIBIT A
SPECIAL ELECTION
January 16, 1982
COUNTY JUDGE CITY
PRECINCT AND BOX
NUMBER POLLING PLACE ALTERNATE NUMBER
1 & 2 Wichita County Courthouse Mr. Manuel Navarrete I
7th and Lamar Mrs. Sharen Smith, Alternate
3 & 4 Lamar School Mrs. Bob Wise 2
2206 Lucas Mrs. Lallora Taylor, Alternate
5 & 50 McGaha School Mrs. Ellen R. Wages 3
1615 Midwestern Parkway Mrs. Ruth Graham, Alternate
6 & 43 Ben Franklin School Mrs. Edwin G. Brown 4
2112 Speedway Mrs . Bill Hendrickson, Alternate
7, 40, 54 Washington Kindergarten Mrs. A. L. Wilson 5
600 Flood Mr. Tommy Nelson, Alternate
8 Fain School Mrs. John Dawson 6
1404 Norman Mrs. Al Flack, Jr. , Alternate
9 & 11 Administration Building Mrs. Philip Haubert 7
(Reagan Jr. High) Mr. Roy Bowling, Alternate
1104 Broad
10 & 15 Alamo School Mrs. Tommy Murdock 8
1912 Eleventh Mrs. Jane David, Alternate
12,31,48,58 Texas Highway Dept. Hq. Mr. Horace Downing 9
1601 Southwest Parkway Mr. A. C. Comstock, Alternate
13,26,61,62 Fannin School Mr. Jim Barnes Smith 10
710 Burk Road Mrs. Doris Wilson, Alternate
14 & 45 Crockett School Mrs. Betty Welch 11
3015 Avenue I Mrs. Sadie M. Ross, Alternate
16, 57, 59 Rider High School Mrs. Edna Capron 12
4611 Cypress Mrs. Opal Bartosh, Alternate
17 & 47 Tech. Training Center Mrs. J. D. Dixon 13
1609 Blonde Mrs. Doris Beard, Alternate
41 Huey School Mrs. D. L. Chancellor 14
1513 North Sixth Mrs. Gladys Moore, Alternate
18, 42, 46 Hirschi High School Mrs. D. A. Shook 15
3106 Borton Lane Mrs. Carla Bruce, Alternate
19 & 44 Wichita Falls High School Mr. T. F. Barnett 16
2149 Avenue H Mrs. Julia Tillerson, Alternate
20 & 22 Zundelowitz Jr. High Mrs. Ethel Rutherford 17
1706 Polk Mrs. Guillermo Garcia, Alternate
21 & 53 Harrell (School ) Center Mrs. 0. W. Loveless 18
3115 Fifth Street Mrs. Ed Raska, Alternate
23, 24, 25 Sam Houston School Mrs. George Stracener 19
2500 Grant Mrs. Charles Box, Alternate
30 & 51 Barwise Jr. High School Mrs. E. E. Wood 20
3807 Kemp Mrs. E. L. Callender, Alternate
52 Ben Milam School Mrs. James T. Spray 21
2906 Stearns Mrs. Elizabeth Henning, Alternate
55 & 56 Cunningham School Mrs. Iwilda Mitchell 22
4107 Phillips Mrs. Edith Eckert, Alternate
General Revenue Sharing
Project Title: North Central Texas
Medical Foundation
(Family Practice
Residency Program)
Effective Date: October 1, 1981
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WICHITA
PART 1
AGREEMENT
This AGREEMENT entered into as of the Ist day of October, 1981, by and
between the City of Wichita Falls, Texas (hereinafter called the "CITY") and the
North Central Texas Medical Foundation (hereinafter called the "CONTRACTOR").
WITNESSETH:
WHEREAS , the CITY has entered into a contract with the UNITED STATES
OF AMERICA for the implementation of a program of local assistance for the City
of Wicl-dta Falls, Texas pursuant to the State and Local Fiscal Assistance Act of
1972, Title of Public Law 92-512, as amended, and
WHEREAS , the CITY desires to engage the CONTRACTOR to render certain
services in connection therewith.
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. Scope of Services. The CONTRACTOR shall perform services in a sat-
isfactory and proper manner as determined by the CITY and as outlined per
Exhibit A.
2. Time of Performance. The services of the CONTRACTOR are to
commence as soon as practicable after the execution of this contract and shall be
undertaken in the light of the purposes of this contract; but, in any event, this
contract shall terminate on September 30, 1982.
3. Compensation. The CITY agrees to pay to the CONTRACTOR a
maximum amount of ONE HUNDRED FORTY THOUSAND DOLLARS ($140,000) which
shall constitute full and complete compensation for CONTRACTOR'S services and
expenses incurred under this Contract. Such sum shall be paid to CONTRACTOR
as set out below.
4. Method of Payment. Payments shall be made in twelve equal payments
of up to $11,666.66 per month from October 1981 through September 1982. Pay-
ments shall be processed monthly upon receipt of a request for funding.
5. Budgq. In performing the services called for under the provisions
of the Contract, CONTRACTOR shall conform his expenditures to the budget
attached hereto and incorporated herein by this reference and marked as
'tExhibit B." Said budget, and any account set out therein , can be altered,
amended or modified as mutually agreeable between the two parties hereto so
that the full intent and purposes of this Contract can be carried out; upon
request by the CONTRACTOR, line item changes may be made in the budget
referred to herein without further City Council action if approved by the City
Manager; provided, however, no such change may alter the intent or purposes
of this Contract without further approval -by the City Council of the CITY. In
no event shall the CITY be required to pay more than ONE HUNDRED FORTY
THOUSAND DOLLARS ($140,000) to CONTRACTOR under the terms of this
Contract.
6. CONTRACTOR'S Contribution. In the event that the total sum to be
paid by the CITY to the CONTRACTOR under the terms of this AGREEMENT is
not sufficient for the CONTRACTOR to continue performance of his obligations
hereunder until termination date hereof, CONTRACTOR shall provide sufficient
funds, whether from its own or other non-City sources, for continued performance
to fulfill the terms of this Contract.
7. Refurid. At the termination date hereof, CONTRACTOR shall pay to
the CITY any sums paid to the CONTRACTOR by the CITY which have not been
expended or committed as budgeted, or, upon approval of the City and as provided
for under subsequent contracts or arrangements, may apply such budget balances
to such future fundings as may be provided by the CITY.
8. Property. Upon termination of the Wichita Falls Family Practice
Residency Program, however brought about, any and all non-expendable equipment,
supplies or other items purchased by CONTRACTOR with funds paid by or to
CONTRACTOR under the terms hereof shall become the property of the CITY.
9. Non-Obligation of General Fund. It is expressly understood that this
Contract in no way obligates the General Fund of the CITY and is contingent upon
receipt of federal funds from the Department of Treasury.
10. Terms and Conditions and Labor Standard Provisions. This Contract
or agreement is subject to and incorporates the provisions attached hereto as
t'Part II - Terms and Conditions."
3
11. Compliance with Rules and Regulations. it is further agreed between
the parties that in the event the UNITED STATES OF AMERICA publishes addi-
tional rules and regulations or by the passage of any laws which are required to
become a part of the Agreement with the CITY in connection with the State and
Local Fiscal Assistance Act of 1972, as amended, it is then agreed between the
parties hereto that such rules, regulations, and laws become a part of this con-
tractual obligation and become incorporated herein and will be complied with
accordingly by said CONTRACTOR.
12. Fidelity Bonding. All persons employed by CONTRACTOR who will
handle funds received or disbursed under this Contract shall as a minimum be
covered by a fidelity bond in the amount of ten percent (10%) of the funds
provided or FIFTY THOUSAND DOLLARS ($50,000) , whichever is more. A certi-
ficate,assuring all persons handling funds received or disbursed under this
Contract are properly bonded, shall be forwarded to the CITY prior to the initial
disbursement of funds to CONTRACTOR. If the bond or bonds provided herein
are cancelled or reduced, the CONTRACTOR shall immediately notify the CITY.
In that event, the CITY shall not make any further disbursements to CONTRACTOR
until adequate bonding has been obtained.
13. Financial Reports. A budget report, to contain such reasonable
financial informat I i.on 6nd'-djTfj'T� Ufff'deems necessary, s all be ��-dbmitted to the
CITY by the CONTRACTOR monthly. In addition, the CONTRACTOR shall prepare
and furnish to the CITY within thirty (30) days of the enactment of this Contract,
a Fiscal Prognosis, setting forth the percentage and actual monetary amount by
month and by the item, of the total budget that will be expended during the term
of this Contract.
The CONTRACTOR andthe CITY mutually agree that in the event that
the CONTRACTOR'S actual monthly expenditures do not correspond with the
amount budgeted for that month and in absence of specific explanation, with
reference to the CONTRACTOR'S Fiscal Prognosis, that the CITY shall have the
right to amend the budget of this Contract.
The funding of this Contract in no way commits the CITY to future funding
beyond the current Contract period. Any future funding is solely the responsibility
of the CONTRACTOR.
IN WITNESS WHEREOF, the CITY and the NORTH CENTRAL TEXAS
MEDICAL FOUNDATION have hereunto set our hands on the day of
1981.
4
CITY OF WICHITA FALLS, TEXAS
BY:
Stuart A. Bach, City Manager
ATTEST:
Wilma J. Thomas, City Clerk NORTH CENTRAL TEXAS MEDICAL
FOUNDATION
BY:
APPROVED AS TO LEGALITY AND
FORM:
H. P. Hodge, Jr. , City Attorney
EXHIBIT A
1. Contractor agrees to train twelve (12) family practitioners during the
contract period.
2. Contractor agrees that the residents will provide direct patient care in
the Clinic as follows:
First year residents; 6 patients/week/resident
Second year residents: 24 patients/week/resident
Third year residents: 60 patients/week/resident
3. Contractor agrees that the residents will provide in-patient care as
follows:
First year residents: 10 patients averaged over a year
Second year residents: 10 patients averaged over a year
Third year residents: 6-8 patients averaged over a year
4. Contractor agrees to provide community education in health matters ,
including, but not limited to, assisting the City-County Health Department
in conducting public health education programs.
5. Contractor agrees to provide service to the City-Counth Health Department
by having residents and faculty see all patients at pediatric clinics.
6. Contractor agrees to provide physician care to all obstetric patients at the
City-County Health Unit.
7. Contractor agrees to provide health education to city employees.
8. Contractor agrees to assist the City of Wichita Falls in its employee
assistance programs including, but not limited to, the areas of mental
health, alcoholism, drug abuse and_physicaIfitness-.r-------
9. Contractor agrees to provide, upon request, inpatient care for City jail
inmates.
10. Contractor agrees to provide outpatient carefor City jail inmates at
Contractor's Family Health Center and/or in the emergency rooms of
Wichita General and Bethania. Hospitals.
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PART 11
TERMS AND CONDITIONS
1. Restriction on Disbursement. No money under this Contract shall be dis-
bursed by the CONTRACTOR to any other contractor except pursuant to a written
agreement which incorporates the applicable Supplemental General Conditions and
unless the contractor is in compliance with requirements with regard to accounting
and fiscal matters to the extent that are applicable.
2. Definitions - As used in this Contract.
a. Act means the State and Local Fiscal Assistance Act of 1972, Title I
of Public Law 92-512, approved October 20, 1972.
b. City means the City of Wichita Falls, Texas, or its agent.
c. Department means the Department of the Treasury.
d. Entitlement means the amount of payment to which a State government
or unit of local government is entitled as determined by the Secretary pursuant to
an allocation formula contained in the Act and as established by regulation under
this part.
e. Entitlement Funds means the amount of funds paid or payable to a
State government or unit of local government for the entitlement period.
f. Recipient Government means a State government or unit of local
government as defined in this section.
g. Secretary means the Secretary of the Treasury or any person duly
authorized by the Secretary to perform the function mentioned.
h. Work Program is the statement describing the contents, intents and
purposes of this Contract.
3. Termination of Contract for Cause. If, through any cause, the CONTRACTOR
shall fail to fulfill in timely and proper manner his obligations under this Contract,
or if the CONTRACTOR shall violate any of the covenants, agreements or stipula-
tions of this Contract, the CITY 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 thirty (30) days before the effective
date of termination. In such event, all finished or unfinished documents, data,
surveys, drawings, maps, models, photographs, and reports prepared by the
CONTRACTOR shall be entitled to receive just and equitable compensation for any
work satisfactorily completed hereunder.
Notwithstanding the above, the CONTRACTOR shall not be relieved of
liability to the CITY for damages sustained by the CITY by virtue of any breach
2
of the contract by the CONTRACTOR, and the CITY may withhold any payments
to the CONTRACTOR as determined.
4. Termination for Convenience of CITY. The CITY may terminate the
Contract at any time by giving at least thirty (30) days notice in writing to the
CONTRACTOR. If the Contract is terminated by the CITY as provided herein,
the CONTRACTOR will be paid an amount which bears the same ratio to the total
compensation as the services actually performed bears to the total services of the
CONTRACTOR covered by this Contract, less payments of compensation previously
made.
5. Changes. The CITY may, from time to time, request changes in the
Scope of Services of the CONTRACTOR as may be mutually agreed to be performed
hereunder. Such changes, including any increase or decrease in the amount of
the CONTRACTOR'S compensation, which are mutually agreed upon by and between
the CITY and the CONTRACTOR shall be incorporated in written amendments to
the Contract.
6. Personnel.
a. The CONTRACTOR represents that he has, or will secure, all per-
sonnel required in performing the services under thds Contract. Such personnel
shall not be employees of or have any contractual relationship with the CITY.
b. The' CONTRAb;f5ii hali �ubmit e EITY a written list of all
employees employed under this Contract (including name , address and position).
c. All of the services required hereunder will be performed by the
CONTRACTOR or under his supervision and all personnel engaged in the work
shall be fully qualified and shall be authorized or permitted under the State and
local laws to perform such services.
d. No person who is serving in a penal or correctional institution shall
be employed or work under this Contract.
e. No person or firm who has litigation pending against the City of
Wichita Falls, Texas, the State of Texas, or the United States of America shall
be employed to work under this Contract.
7. Assignability. The CONTRACTOR shall not assign any interest in this
Contract, and shall not transfer any interest in the same (whether by assignment
or novation) without the prior written consent of the CITY thereto: PROVIDED,
HOWEVER, that claims for money due or to become due to the CONTRACTOR
from the CITY under this Contract may be assigned to a bank, trust company, or
:3
other financial institution without such approval. Notice of any such assignment
or transfer shall be furnished promptly to the CITY.
8. Records.
a. Establishment and Maintenance of Records. The CONTRACTOR shall
establish and maintain records in accordance with requirements prescribed by the
Department and/or the CITY , with respect to all matters covered by this Contract.
Except as otherwise authorized by the Department and/or the CITY , the
CONTRACTOR shall retain such records for a period of three years after receipt
of the final payment under this Contract or termination of this Contract.
b. Documentation of Costs. All costs shall be supported by properly
executed payrolls, time *records, invoices, contracts , vouchers, orders and/or any
other accounting documents pertaining in whole or in part to this Contract shall
be clearly identified and readily accessible.
c. Reports and Information. The CONTRACTOR at such time and in
such forms as the Department and/or the CITY may require, shall furnish to the
Department and/or the CITY such statements, records, reports, data, and infor-
mation as the Department and/or the CITY may request pertaining to matters
covered by this Contract. Information relating to personal and medical data will
be treated as confidential.
uring
'The CONTRACTOR shall at a
d. Audits and f��Fe�ilo s.
normal business hours and as often as the Department, CITY, and/or the
Comptroller General of the United States may deem necessary, make available to
the CITY for examination all of its records and data with respect to all matters
covered by this Contract and shall permit the CITY or its designated authorized
representative to audit and inspect all invoices, materials, payrolls, records of
personnel conditions of employment and other data relating to all matters covered
by this Contract.
e. Additional Requirements. Unearned payments under this Contract
may be suspended or terminated upon refusal to accept any additional condition
that may be imposed by the Department or the CITY at any time; or if the grant
to the CITY under Title I of the State and Local Assistance Act of 1972 is
suspended or terminated.
f. Accounting. The CONTRACTOR shall establish and maintain on a
current basis an adequate accounting system on an accrual basis in accordance
with generally accepted accounting principles and standards.
4 -
g. Property Records. A record shall be maintained for each item of
nonexpandable property acquired under this Contract. Nonexpendable property
is property which will not be consumed or lose its identity by being incorporated
into another item of property, which costs Twenty-Five Dollars ($25.00) or more
per unit and is expected to have a useful life of one (1) year or more. Group-
ing of like items such as chairs , with an aggregate cost in excess of Twenty-
Five Dollars ($25. 00) , shall also be controlled and accounted for as nonexpendable
property even though the cost of a single item is less than Twenty-Five Dollars
($25.00). The record shall include:
1. Description of the item of property, including model and serial
number, if applicable.
2. Date of acquisition.
3. The acquisition cost or assigned value to the program.
It shall also include information as to whether the item or property
was new or used at time of acquisition. The aggregate of the individual cost
shown on the record cards shall equal the balance in the subsidiary cost account
for nonexpendable property.
A physical inventory shall be taken and reconciled with the record
card at least annually.
'-At the conclusion-'Of-a-project-"or-'activity�-provided-hereu-nder,--all----'
nonexpendable property acquired for the program shall revert to the CITY , unless
otherwise provided in the Contract.
9. Eligible and Ineligible Costs
a. Standards. All costs incurred must be reasonable and of a nature
which clearly relates to the specific purposes and end product of the Contract
under which the services are being performed. Care must be exercised by all
concerned in incurring costs to assure that expenditures conform to these general
standards and the following criteria for eligibility of costs.
b. Eligible Costs. To be eligible for inclusion under this Contract,
costs must:
1. Be necessary and reasonable for proper and efficient execution
of the contractual requirements and in accordance with the approved budget.
2. Be in conformance with any limitations or exclusions in these
instructions, federal laws, or other governing limitations.
3. Be no more liberal than policies, procedures and practices applied
uniformly to both federally assisted and other activities of the CONTRACTOR.
5
a
4. Be accorded consistent treatment through application of ccount-
ing policy and procedures approved and/or prescribed herein.
5. Be net of all applicable credits such as purchase discounts ,
rebates or allowances, sales of publications or materials, or other income of
refunds.
6. Be in accordance with budgetary or other restriction of expense
established by CONTRACTOR.
7. Be fully documented.
8. Comply with policies governing administrative practices, includ-
ing policies with respect to employment, salary and wage rates, working hours and
holidays, fringe benefits (health and hospitalization, retirement, etc. ) , vacation
and sick leave privileges, and travel. The policies shall be in writing and shall
be approved by the governing body of the CONTRACTOR.
c. Ineligible Costs. In addition to costs ineligible under the above
criteria, the following costs are specifically ineligible:
1. Bad Debt. Any losses arising from uncollectable accounts and
other claims and related costs.
2. Contingencies. Contributions to a contingency reserve or any
similar provision for unforeseen events.
1 . 3. -Fines and Penalties_-__Costa---resultin g4rom-violation-s--of-orfailure�--
to comply with federal, state, and local laws and regulations.
4. Contributions and Donations.
5. Entermainment. Costs of amusements, social activities and inci-
dental costs, such as meals, beverages, lodgings, and gratuities, relating to
entertainment except for those reasonable expenses necessary to recruit employees.
6. Interest and Other Financial Costs. Interest on borrowing
(however represented) , bond discounts, cost of financing and refinancing opera-
tions and legal and professional fees paid in connection therewith.
7. Membership Expenses. Cost of membersl-dp in an organization
which devotes a substantial part of its activities to influencing legislation.
8. Travel. Costs in excess of those normally allowed by the
CONTRACTOR. In any case, the difference in cost between first-class air accom-
modations and less-than-first-class air accommodations is not allowed except when
less-than-first-class air accommodations are not available and is so documented.
9. Meeting Attendance. Costs of attending meetings which are not
open for attendance on a non-segregated basis.
6 -
10. Limitation on Compensation for Personal Services. Compensation for
personal services includes, but is not limited to, wages , salaries, and supple-
mentary compensation and benefits. Compensation for employees of the CONTRACTOR
shall be limited to that paid for similar work paid by the CITY. In cases where
the kinds of personal services provided have no counterpart in local governmental
agencies, compensation shall be limited to that paid for similar work in the labor
market in wl-dch the CONTRACTOR competes for the kinds of personal services
involved.
11. Interest of Members of CITY. No member of the governing body of the
CITY, and no other office, employee, or agent of the CITY shall have any personal
financial interest, direct or indirect, in this Contract; and the CONTRACTOR shall
take appropriate steps to assure compliance.
12. Identification of Documents. All reports, maps, signs, and other documents
completed as a part of this Contract, other than documents exclusively for internal
use within the CITY , shall contain the following information on the front cover of
title page (or in the case of maps or signs in an appropriate block) : This material
prepared in cooperation with the City of Wichita Falls, Texas, month and year of
preparation.
13. Copyright. No report, maps, or other documents produced in whole or
in part.unde,r this Co,ntrac,.t .,shAU-D,e--s.ubject..JQ.-.an.applicatiori,�for.-.cQPyright—by�-or�--,-
on behalf of the CONTRACTOR.
14. Patent Rights. In the event that any invention, improvement or discovery
may be conceived or first actually reduced to practice or any such contract, the
CONTRACTOR shall give prompt notice thereof to the CITY. Any such invention,
improvement, or discovery, together with all information, designs, specifications,
know-how, data patent rights, and findings in connections therewith which arose
or were developed in the course of the performance of this Contract or any sub-
contract hereunder, shall be made available to the public through the dedication,
assignment to the Government of the United States of America, or other such
means as the Department shall determine.
15. Compliance with Local Laws. The CONTRACTOR shall comply with
applicable laws, ordinances, and codes of the State and local governments, and
the CONTRACTOR shall save the CITY harmless with respect to damages arising
from any tort done in performing any of the work embraced by this Contract.
16. Civil Rights Act of 1964. The CONTRACTOR will carry out its work
under this Contract in a manner which will permit full compliance by the Program
7
with Title VI of the Civil Rights Act of 1964, and the regulations adopted by
the Department thereunder so that no person shall, on the ground of age, race,
color, or national origin , be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any program or activity
receiving federal financial assistance.
17. Political Activity Prohibited. None of the funds, materials, property,
or services provided directly or indirectly under this Contract shall be used in
the performance of this Contract for any partisan political activity.
18. Lobbyi�g .Prohibited. None of the funds provided under this Contract
shall be used for publicity or propaganda purposes designed to support or
defeat legislation pending before the Congress, the Texas State Legislature or
the Board of Aldermen of the City of Wichita Falls, Texas.
19. Equal Employment Opportunity.. During the performance of this Contract,
the CONTRACTOR agrees as follows:
(a) The CONTRACTOR will not discriminate against any employee or
applicant for employment because of age, race, color, religion, sex, or national
origin. The CONTRACTOR will take affirmative action to insure that applicants
are employed, and that employees are treated during employment without regard
to their age, race, color, religion, sex, or national origin. Such action shall
include, but not be limited to, the following: Employment, upgrading, demotion
or transfer, recruitment or recruitment advertising; layoff or termination; rates
of pay or other terms of compensation; and selection for training, including
apprenticeship. The CONTRACTOR agrees to post in conspicuous places available
to all employees and applicants for employment, notices setting forth the provisions
of this nondiscrimination clause.
(b) The CONTRACTOR will, in all solicitations or advertisements for
employees placed by or on behalf of the CONTRACTOR, state that all qualified
applications will receive consideration for employment without regard to age, race,
color, religion, sex, or national origin.
(c) The CONTRACTOR will send to each Labor Union or representative
of workers with which he has a collective bargaining agreement or other contract
or understanding, a notice to be provided advising the commitments under this
section, and shall post copies of the notice in conspicuous places available to
the employees and applicants for employment.
(d) The CONTRACTOR will comply with all provisions of Executive Order
11246 of September 24, 1965, and of the rules, regulations , and relevant orders
of the Secretary of Labor.
(e) The CONTRACTOR will furnish all information and reports required
by Executive Order 11246 of September 24, 1965, and by rules, regulations, and
orders of the Secretary of Labor, or pursuant thereto and will permit access
to his books, records, and accounts by the Department or the Secretary of
Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
(f) In the event of the CONTRACTOR'S noncompliance with the nondis-
crimination clauses of tl-ds Contract or with any of the said rules, regulations or
orders, this Contract may be cancelled, terminated, or suspended in whole or
in part , and the CONTRACTOR may be declared ineligible for further government
contracts or federally assisted construction contracts in accordance with procedures
authorized in Executive Order 11246 on September 24, 1965, or by rule or regula-
tion, or orderof the Secretary of Labor, or as otherwise provided by law.
(g) The CONTRACTOR will cause the foregoing provisions to be inserted
in all subcontracts for any work covered by this Contract so that such provisions
will be binding upon each subcontractor, provided that the foregoing provisions
shall not apply to contracts or subcontracts for standard commercial supplies or
raw materials or to other subcontractor exempted by rules, regulations, or orders
of the Secretary of Labor issued pursuant to Section 204 of the Executive Order
11246 of September 24','7'1*96a,--90--thNf-§U6h-li�o�H�176i�g-iW'11'-b-e—'Ul-h-E�irg—U-�-On—e—acTr�
subcontractor or vendor. The CONTRACTOR will take such action with respect
to any subcontract or purchase order as the Department may direct as means of
enforcing such provisions, including sanctions for noncompliance: PROVIDED,
HOWEVER, that in the event a CONTRACTOR becomes involved or is threatened
with litigation with a subcontractor or vendor as the result of such direction by
the Department, the CONTRACTOR may request the United States to enter into
such litigation to protect the interest of the United States.
20. Non-Segregated Facilities. The CONTRACTOR certifies that he does not
maintain or provide for his employees any segregated facilities at any of his
establishments, and that he does not permit his employees to perform their
services at any location, under his control, where segregated facilities are
maintained. The CONTRACTOR covenants that he will not maintain or provide for
his employees any segregated facilities at any of his establishments, and that he
will not permit his employees to perform their services at any location, under his
control,I where segregated facilities are maintained. As used in this paragraph,
the term "segregated facilities" means any waiting rooms, work areas, restrooms
9
and washrooms, restaurants and other eating areas, time clock, locker room
and other storage or dressing areas, transportation, and housing facilities
provided for employees which are segregated by explicit directive or are in
effect segregated on the basis of age, race, color, creed, or national origin,
because of habit, local custom, or otherwise.
21. Renegotiation. This Contract shall be renegotiated in the event
alternate sources of funding become available during the term of the contractual
agreement.
22. Appendices. All attachments given reference to in this Contract and
all attachments of mutually agreed upon modifications made by both parties are
hereby incorporated as though fully set forth herein.
Project Title: Community Council
Effective Date: October t , 1981
THE STATE OF TEXAS I KNOW AI�L MEN BY THESE PRESENTS :
COUNTY OF WICHITA §
PART I
AGREEMENT
This AGREEMENT entered into as of the Ist day of October, 1981, by and
between the City of Wichita Falls, Texas (hereinafter called the "CITY") and the
Community Council of Greater Wichita Falls , Inc. (hereinafter called the
"CONTRACTOR").
WITNESSETH:
WHEREAS , the CITY desires to engage the CONTRACTOR to render certain
services in connection therewith.
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. Scope of Services. The CONTRACTOR shall perform services in a sat-
isfactory and proper manner as determined by the CITY and as outlined per
Exhibit A.
2. Time of Performance. The services of the CONTRACTOR are to
commence as soon as practicable after the ex I ecution of this contract and shall be
undertaken in the light of the purposes of this contract; but, in any event, this
contract shall terminate on September 30, 1982.
3. Compensation. The CITY agrees to pay to the CONTRACTOR a
maximum amount of THIRTY-FIVE THOUSAND DOLLARS ( $35,000) which
shall constitute full and complete compensation for CONTRACTOR'S services and
expenses in curred under this Contract. Such sum shall be paid to CONTRACTOR
as set out below.
4. Method of Payment. Payments shall be made in twelve equal payments
of up to $8,750 per quarter from October 1981 through September 1982. Pay-
ments shall be processed quarterly upon receipt of a request for funding.
5. Budget. In performing the services called for under the provisions
of the Contract, CONTRACTOR shall conform his expenditures to the budget
attached hereto and incorporated herein by this reference and marked as
"Exhibit B." Said budget, and any accou nt set out therein, can be altered,
amended or modified as mutually agreeable between the two parties hereto so
that the full intent and purposes of this Contract can be carried out; upon
request by the CONTRACTOR , line item changes may be made in the budget
referred to herein without further City Council action if approved by the City
Manager; provided, however. no such change may alter the intent or purposes
of this Contract without further approval by the City Council of the CITY. In
no event shall the CITY be required to pay more than THIRTY-FIVE
THOUSAND DOLLARS ($35 ,000) to CONTRACTOR under the terms of this
Contract.
6. CONTRACTOR'S Contribution. In the event that the total sum to be
paid by the CITY to the CONTRACTOR under the terms of this AGREEMENT is
not sufficient for the CONTRACTOR to continue performance of his obligations
hereunder until termination date hereof, CONTRACTOR shall provide sufficient
funds, whether from its own or other non-City sources, for continued performance
to fulfill the terms of this Contract.
7. Refurid. At the termination date hereof, CONTRACTOR shall pay to
the CITY any sums paid to the CONTRACTOR by the CITY which have not been
expended or committed as budgeted, or, upon approval of the City and as provided
for under subsequent contracts or arrangements, may apply such budget balances
to such future fundings as may be provided by the CITY.
8. Property. Upon termination of the programs provided
b�e CONTRACTOR , however brought about, any and all non-expendable equipment,
supplies or other items purchased by CONTRACTOR with funds paid by or to
CONTRACTOR under the terms hereof shall become the property of the CITY.
9. Terms and Conditions and Labor Standard Provisions. This Contract
or agreement is subject to and incorporates the provisions attached hereto as
"Part Il - Terms and Conditions."
10. Fidelity Bonding. All persons employed by CONTRACTOR who will
handle funds received or disbursed under this Contract shall as a minimum be
covered by a fidelity bond in the amount of ten percent (10%) of the funds
provided or FIFTY THOUSAND DOLLARS ($50,000) , whichever is more. A certi-
ficate,assuring all persons handling funds received or disbursed under this
Contract are properly bonded, shall be forwarded to the CITY prior to the initial
disbursement of funds to CONTRACTOR. If the bond or bonds provided herein
are cancelled or reduced, the CONTRACTOR shall immediately notify the CITY.
In that event, the CITY shall not make any further disbursements to CONTRACTOR
until adequate bonding has been obtained.
3
FinanciaL Reports. A budget report, to contain such reasonable
financial information and data as CITY deems necessary, shall be submitted to the
CITY by the CONTRACTOR monthly. In addition, the CONTRACTOR shall prepare
and furnish to the CITY within thirty (30) days of the enactment of this Contract,
a Fiscal Prognosis, setting forth the percentage and actual monetary amount by
month and by the item, of the total budget that will be expended during the term
of this Contract.
The CONTRACTOR and ,the CITY mutually agree that in the event that
the CONTRACTOR'S actual monthly expenditures do not correspond with the
amount budgeted for that month and in absence of specific explanation, with
reference to the CONTRACTOR'S Fiscal Prognosis, that the CITY shall have the
right to amend the budget of this Contract.
The funding of this Contract in no way commits the CITY to future fundina.
beyond the current Contract period. Any future funding is solely the responsibility
of the CONTRACTOR.
IN WITNESS WHEREOF, the CITY and COMMUNITY COUNCIL OF GREATER
WICHITA FALLS have hereunto se t our hands on the day of
1981.
-CITY OF WICHITA FALLS1 -TEXAS'
BY:
Stuart A. R-a-ch, City Manager
ATTEST:
Wilma J. T-homas, City Clerk COMMUNITY COUNCIL OF GREATER
WICHITA FALLS, INC.
BY:
APPROVED AS TO LEGALITY AND
FORM:
H. P. Hodge, Jr. , City Attorney
7-1
7
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PART 11
TER.MS AND CONDITIONS
1. Restriction on Disbursement. No money under this Contract shall be dis-
bursed by the CONTRACTOR to any other contractor except pursuant to a written
agreement which incorporates the applicable Supplemental General Conditions and
unless the contractor is in compliance with requirements with regard to accounting
and fiscal matters to the extent that are applicable.
2. Termination of Contract for Cause. If, through any cause, the CONTRACTOR
shall fail to fulfill in timely and proper manner his obligations under this Contract ,
or if the CONTRACTOR shall violate any of the covenants , agreements or stipula-
tions of this Contract, the CITY 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 thirty (30) days before the effective
date of termination. In such event, all finished or unfinished documents, data,
surveys, drawings, maps, models, photographs, and reports prepared by the
CONTRACTOR under this Contract shall, at the option of the CITY , become its
property and the CONTRACTOR shall be entitled to receive just and equitable
compensation for any work satisfactorily completed hereunder.
Notwithstanding the above, the CONTRACTOR shall not be relieved of
liability to the CITY for damages sustained by the CITY by virtue of any breach
of the contract by the CONTRACTOR, and the CITY may withhold any payments
to the CONTRACTOR as determined.
3. Termination for Convenience of CITY. The CITY may terminate the
Contract at any time by giving at least thirty (30) days notice in writing to the
CONTRACTOR. If the Contract is terminated by the CITY as provided herein,
the CONTRACTOR will be paid an amount which bears the same ratio to the total
compensation as the services actually performed bears to the total services of the
CONTRACTOR covered by this Contract, less payments of compensation previously
made.
4. Changes. The CITY may, from time to time, request changes in the
Scope of Services of the CONTRACTOR as may be mutually agreed to be performed
hereunder. Such changes, including any increase or decrease in the amount of
the CONTRACTOR'S compensation, which are mutually agreed upon by and between
the CITY and the CONTRACTOR shall be incorporated in written amendments to
the Contract.
6. Assi(-rnability. The CONTRACTOR shall not assip
.�n any interest in this
Contract, and shall not transfer anv interest in the same (whether by assignment
or novation) without the prior written consent of the CITY thereto: PROVIDED ,
HOWEVER, that claims for money due or to become due to the CONTRACTOR
from the CITY 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 CITY.
7 . Records.
a. Establishment and Maintenance of Records. The CONTRACTOR shall
establish and maintain records in accordance with requirements prescribed by the
CITY, with respect to all matters covered by this Contract. Except as other-
wise authorized by the CITY , the CONTRACTOR shall retain such records for
a period of three years after receipt of the final payment under this Contract
or termination of this Contract.
b. Documentation of Costs. All costs shall be supported by properly
executed payrolls, time records, invoices, contracts , vouchers, orders and/or any
other accounting documents pertaining in whole or in part to this Contract shall
be clearly identified and readily accessible.
c. Reports and Information. The CONTRACTOR at such time and in
such forms as the CITY may require, shall furnish to the CITY such statements,
records, reports, data and information as the CITY may request pertaining to
matters covered by this Contract. Information relating to personal and medical
data will be treated as confidential.
d. Audits and Inspections. The CONTRACTOR shall at any time during
normal business hours and as often as the CITY may deem necessary, make
available to the CITY for examination all of its records and data with respect to
all matters covered by tl-ds Contract and shall permit the CITY or its designated
authorized representative to audit and inspect all invoices, materials, payrolls ,
records of personnel conditions of employment and other data relating to all matters
covered by this Contract.
e. Additional Requirements. Unearned payments under this Contract
may be suspended or terminated upon refusal to accept any reasonable additional
condition that may be imposed by the CITY at any time.
f. Accounting. The CONTRACTOR shall establish and maintain on a
current basis an adequate accounting system on an accrual basis in accordance
with generally accepted accounting principles and standards.
Cr. Property Records. A record shall be maintained for each item of
n -
nonexpendable property acquired under this Contract. Nonexpendable property
is property which will not be consumed or lose its identity by being incorporated
into another item of property, which costs Twenty-Five Dollars ($25.00) or more
per unit and is expected to have a useful life of one (i) year or more. Group-
in- of like items such as chairs , with an aggregate cost in excess of Twenty-
Five Dollars ($25. 00) , shall also be controlled and accounted for as nonexpendable
property even though the cost of a single item is less than Twenty-Five.Dollars
($25.00) . The record shall include:
1. Description of the item of property, including model and serial
number, if applicable.
2. Date of acqWsition.
3. The acquisition cost or assigned value to the program.
It shall also include information as to whether the item or property
was new or used at time of acquisition. The aggregate of the individual cost
shown on the record cards shall equal the balance in the subsidiary cost account
for nonexpendable property.
A physical inventory shall be taken and reconciled with the record
card at least annually.
At the conclusion of a project or activity provided hereunder, all
nonexpendable property acquired for the program shall revert to the CITY , unless
otherwise provided in the Contract.
8. Eligible and Ineligible Costs
a. Standards. All costs incurred must be reasonable and of a nature
which clearly relates to the specific purposes and end product of the Contract
under which the services are being performed. Care must be exercised by all
concerned in incurring costs to assure that expenditures conform to these general
standards and the following criteria for eligibility of costs.
b. Eligible Costs. To be eligible for inclusion under this Contract,
costs must:
1. Be necessary and reasonable for proper and efficient execution
of the contractual requirements and in accordance with the approved budget.
tp
4
2. Be in conformance with any Limitations or exclusions in these
instructions, or other governing limitations.
Z__1
3. Be no more liberal than policies , procedures and practices applied
uniformly to both federally assisted and other activities of the CONTRACTOR.
4. Be accorded consistent treatment tlirouvh application of account-
ing policy and procedures approved and/or prescribed herein.
5. Be net of all applicable credits such as purchase discounts ,
rebates or allowances, sales of publications or materials, or other income of
refunds.
6. Be in accordance with budgetary or other restriction of expense
established by CONTRACTOR.
7. Be fully documented.
S. Comply with policies governing administrative practices, includ-
ing policies with respect to employment, salary and wage rates, working hours and
holidays, fringre benefits (health and hospitalization, retirement, etc. ) , vacation
and sick leave privileges, and travel. The policies shall be in writing and shall
be approved by the governing body of the CONTRACTOR.
c. Ineligible Costs. In addition to costs ineligible under the above
criteria, the following costs are specifically ineligible:
1. Bad Debt. Any losses arising from uncollectable accounts and
other claims and related costs.
2. Contingencies. Contributions to a contingency reserve or any
similar provision for unforeseen events.
3. Fines and Penalties. Costs resulting from violations of or failure
to comply with federal, state, and local laws and regulations.
4. Contributions and Donations.
5. Entert.ainment. Costs of amusements, social activities and inci-
dental costs, such as meals, beverages, lodgings, and gratuities, relating to
entertainment except for those reasonable expenses necessary to recruit employees
and conduct official business.
6. Interest and Other Financial Costs. Interest on borrowing
(however represented) , bond discounts, cost of financing and refinancing opera-
tions and legal and professional fee's paid in connection therewith.
7. Membersliip Expenses. Cost of membership in an organization
which devotes a substantial part of its activities to influencing legislation.
5
8. T ravel. Costs in excess of those normally allowed by the
CONTRACTOR. In any case, the difference in cost between first-class air accom-
modations and less-than-first-class air accommodations is not allowed except when
less-than-f-i rs t-class air accommodations are not available and is so documented.
9. Meeting Attendance. Costs of attending meetings which are not
open for attendance on a non-segregated basis.
9. Limitation on Compensation for Personal Services. Compensation for
personal services includes, but is not limited to, wages , salaries, and supple-
mentary compensation and benefits. Compensation for employees of the CONTRACTOR
shall be limited to that paid for similar work paid by the CITY. In cases where
the kinds of personal services provided have no counterpart in local governmental
agencies, compensation shall be limited to that paid for similar work in the labor
market in which the CONTRACTOR competes for the kinds of personal services
involved.
10. Interest of Members of CITY. No member of the governing body of the
CITY, and no other office, employee, or agent of the CITY shall have any personal
financial interest, direct or indirect, in this Contract; and the CONTRACTOR shall
take appropriate steps to assure compliance.
11. Identification of Documents. All reports, maps, signs, and other documents
completed as a part of this Contract, other than documents exclusively for internal
use within the CITY, shall contain the following information on the front cover of
title page (or in the case of maps or signs in an appropriate block) : This material
prepared in cooperation with the City of Wichita Falls, Texas, month and year of
preparation.
12 . Copyright. No report, maps, or other documents produced in whole or
in part under this Contract shall be subject to an application for copyright by or
on behalf of the CONTRACTOR.
13 . Patent Rights. In the event that any invention, improvement or discovery
may be conceived or first actually reduced to practice or any such contract, the
CONTRACTOR shall give prompt notice thereof to the CITY. Any such invention,
improvement, or discovery, together with all information, designs, specifications,
know-how, data patent rights, and findings in connections therewith wl-dch arose
or were developed in the course of the performance of this Contract or any sub-
contract hereunder, shall be made available to the public through the dedication,
assignment to the CITY , or other such means as the CITY shall determine.
14. Comr)liance with Local Laws. The CONTRACTOR shall comply with
applicable laws , ordinances, and codes of the State and local governments, and
the CONTRACTOR shall save the CITY harmless with respect to damages arising
from any tort done in performing any of the work embraced by this Contract.
15. Civil Rights Act of 1964. The CONTRACTOR will carry out its work
under this Contract in a manner which will permit full compliance by the Program
with Title VI of the Civil Rights Act of 1964, as amended, so that no person shall,
on the ground of age, race, color, or national origin, be excluded from participa-
tion in, be denied the benefits of, or be subjected to discrimination under any
program or activity receiving financial assistance.
16. Political Activity Prohibited. None of the funds , materials, property,
or services provided directly or indirectly under this Contract shall be used in
the performance of this Contract for any partisan political activity.
17. Lobbying Prohibited. None of the funds provided under this Contract
shall be used for publicity or propaganda purposes designed to support or
defeat legislation pending before the United States Congress, the Texas State
Legislature or the Board of Aldermen of the City of Wichita Falls, Texas.
18. Equal Employment Opportunity. During the performance of this Contract ,
the CONTRACTOR agrees as follows:
(a) The CONTRACTOR will..not.-discriaiinate.-ag�aiast.,aDy-.elnplQyeq--p.iZ_____
applicant for employment because of age, race, color, religion, sex, or national
origin. The CONTRACTOR will take affirmative action to insure that applicants
are employed, and that employees are treated during employment without regard
to their age, race, color, religion, sex, or national origin. Such action shall
include, but not be limited to, the following: Employment, upgrading, demotion
or transfer, recruitment or recruitment advertising; layoff or termination; rates
of pay or other terms of compensation; and selection for training, including
apprenticeship. The CONTRACTOR agrees to post in conspicuous places available
to all employees and applicants for employment, notices setting forth the provisions
of this nondiscrimination clause.
(b) The CONTRACTOR will, in all solicitations or advertisements for
employees placed by or on behalf of the CONTRACTOR, state that all qualified
applications will receive consideration for employment without regard to age, race,
color, religion, sex, or national origin.
(c) The CONTRACTOR will send to each Labor Union or representative
of workers with which he has a collective bargaining agreement or other contract
7
or understanding, a notice to be provided advising the commitments under this
section, and shall post copies of the notice in conspicuous places available to
the employees and applicants for employment.
(d) In the event of the CONTRACTOR'S noncompliance with the nondis-
crimination clauses of this Contract or with any of the said rules, regulations or
orders, this Contract may be cancelled, terminated , or suspended in whole or
in part , and the CONTRACTOR may be declared ineligible for further contracts.
(e ) The CONTRACTOR will cause the foregoing provisions to be inserted
in all subcontracts for any work covered by this Contract so that such provisions
will be binding upon each subcontractor, provided that the foregoing provisions
shall not apply to contracts or subcontracts for standard commercial supplies or
raw materials.�
19. Non-Segreogated Facilities. The CONTRACTOR certifies that he does not
maintain or provide for his employees any segregated facilities at any of his
establishments, and that he does not permit his employees to perform their
services at any location, under his control, where segregated facilities are
maintained. The CONTRACTOR covenants that he will not maintain or provide for
his employees any segregated facilities at any of his establishments, and that he
will not permit his employees to perform their services at any location, under his
' T"' h - " .' i"'i _�__i-dA---d----t1fl'- .._1__.__..H_1___
control, where segregated acilities are maintaffie . s use in s paragrap ,
the term "segregated facilities" means any waiting rooms, work areas, restrooms
and washrooms, restaurants and other eating areas, time clock, locker room
and other storage or dressing areas, transportation, and housing facilities
provided for employees which are segregated by explicit directive or are in
effect segregated on the basis of age, race, color, creed, or national origin,
because of habit, local custom, or otherwise.
20. Renegotiation. This Contract shall be renegotiated in the event
alternate sources of funding become available during the term of the contractual
agreement.
21. Appendices. All attachments given reference to in this Contract and
all attachments of mutually agreed upon modifications made by both parties are
hereby incorporated as though fully set forth herein.
Project Title: Wichita Falls
Community ,Mental
Health Mental
Retardation Center
Effective Date'. October 1, 1981
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WICHITA
PART I
AGREEMENT
This AGREEMENT entered into be effective the lst day of October, 1981,
by and between the City of Wichita Falls , Texas (hereinafter called the "CITY")
and Wichita Falls Community Mental Health Mental Retardation Center (hereinafter
called the "CONTRACTOR").
W I T N E S S E T H
WHEREAS , the CITY desires to engage the CONTRACTOR to render
certain services in connection therewith.
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. Scope of Services. The CONTRACTOR shall perform services in a
satisfactory and proper manner as determined by the CITY and as outlined per
Exhibit A.
2. Time of Performance. The services of the CONTRACTOR are to
commence as soon as practicable after the execution of this contract and shall be
undertaken in the light of the purpose of this contract; but, in any event, this
contract shall terminate on September 30, 1982.
3. Data to be Furnished to CONTRACTOR. All information, data, records ,
and reports, as are existing, or that may exist in the future, that are available
And necessary for the carrying out of the works as outlined above shall be fur-
nished, whenever practical, to the CONTRACTOR without charge by the CITY ,
and the latter shall cooperate with the CONTRACTOR in every way possible in
carrying out of the work without undue delay.
4. Compensation. The CITY agrees to pay to the CONTRACTOR a maximum
amount of EIGHTY-FIVE THOUSAND DOLLARS ($85,000) which shall constitute
full and complete compensation for CONTRACTOR'S services and expenses
incurred under this Contract. Such sum shall be paid to CONTRACTOR as set
out below.
5. Method of Payment. Payments shall be made in twelve equal payments
of $7,083.33 per month from October 1981 through September 1982. Payments
shall be processed monthly upon receipt of request for funding. In requests
2
involving personnel costs, payment for those costs will be made upon receipt
of certified statements showing salaries and fringe benefits paid.
6. Budget. In performing the services called for under the provisions
of the Contract, CONTRACTOR shall conform his expenditures to the budget
which appears in the project description attached hereto and incorporated
herein by this reference for all purposes as if fully set out a length herein and
marked as "Exhibit B.11 Said budget and any account, set out herein can be
altered, amended or modified as mutually agreeable between the two parties
hereto so that the full intent and purpose of this Contract can be carried out;
upon request of the CONTRACTOR, line item changes of less then ONE
THOUSAND AND N01100 DOLLARS ($1,000) may be made in the budget referred
to herein without further City Council action if approved by the City Manager,
provided however, no such change may alter the project description, intent or
purpose of this Contract without further approval by the City Council of the
CITY. In no event shall the CITY be required to pay more than EIGHTY-FIVE
THOUSAND DOLLARS ($85,000) to CONTRACTOR under the terms of this
contractor.
7. CONTRACTOR'S Contribution. In the event that the total sum to be
paid by the CITY to the CONTRACTOR under the terms of this AGREEMENT is
not sufficient for the CONTRACTOR to-continue.performance.of-1-d&, obligations.
hereunder until termination date hereof, CONTRACTOR shall contribute suffi-
cient funds for continued performance to fulfill terms of the Contract.
8. Refund. At the termination date hereof, CONTRACTOR shall pay to
the CITY any sums paid to the CONTRACTOR by the CITY which have not been
expended or committed as budgeted.
9. Terms and Conditions and Labor Standard Provisions. This Contract
or agreement is subject to and incorporates the provisions attached hereto as
"Part Il - Terms and Conditions."
10. Fidelity Bonding. All persons employed by CONTRACTOR who will
handle funds received or disbursed under this Contract shall as a minimum be
covered by a fidelity bond in the amount of ten percent (10%) of funds or EIGHT
THOUSAND FIVE HUNDRED DOLLARS ($8,500) , whichever is more. A statement
assuring all persons handling funds received or disbursed under this Contract
shall be forwarded to the CITY prior to the initial disbursement of funds to
CONTRACT. If the bond or bonds provided herein are cancelled or reduced,
3
the CONTRACTOR shall immediately notify the CITY. In the event, the CITY
shall not make any further disbursement to CONTRACTOR until adequate
bonding has been obtained.
11. Financial Statement. A financial statement shall be submitted to the
CITY by the CONTRACTOR monthly. In addition, the CONTRACTOR shall
prepare and furnish to the CITY within thirty (30) days of the enactment of
this Contract, a Fiscal Prognosis, setting forth the percentage and actual mone-
tary amount by month and by the item, of the total budget that will be expended
during the term of this contract.
The CONTRACTOR and the CITY mutually agree that in the event that the
CONTRACTOR'S actual monthly expenditures do not correspond with the amount
budgeted for that month and in absence of specific explanation, with reference
to the CONTRACTOR'S Fiscal Prognosis, that the CITY shall have the right to
amend the budget of the project.
The funding of this project in no way commits the CITY to future funding
of this program beyond the current contract period. Any future funding is
solely the responsibility of the CONTRACTOR.
IN WITNESS WHEREOF, the CITY and the WICHITA FALLS COMMUNITY
MENTAL HEALTH MENTAL RETARDATION CENTER have hereunto set our hands
on the day of ---------
CITY OF WICHITA FALLS, TEXAS
BY:
Stuart A. Bach, City Manager
ATTEST:
Wilma J. Thomas, City Clerk
APPROVED AS TO FORM:
H. P. Hodge, City Attorney WICHITA FALLS COMMUNITY MENTAL
HEALTH MENTAL RETARDATION CENTER
BY:
EXHIBIT A
CONTRACTOR agrees :
1 . To establish and operate , on a contingency basis ,
an Outpatient Treatment Program to enhance the physical and
emotional well-being of mentally impaired residents of
Wichita County .
2 . To provide outpatient rehabilitation services for
moderately and severely handicapped residents of Wichita County .
3 . To provide counselors to screen mentally impaired or
deficient outpatient persons to assure continuance of the most
appropriate type of therapy .
4 . To assist the City in the development and implementa-
tion of an Employees ' Assistance Program to include, but not
be limited to , the areas of mental illness , family relations ,
employer-employee relations, alcoholism, drug abuse, and
human relations .
5 . To provide City employees with educational programs
to include but not be limited to, the areas of handling troubled
employees, employer-employee relations , human relations , and
stress management .
6 . To maintain the numerical counts and other data so
as to provide an accurate record of the services rendered and
programs provided under this Contract .
7. Upon request by the City, to provide psychological
assessments or examinations to prospective City employees ,
both at the entry and promotional levels .
EXHIBIT B
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PART 11
TERMS AND CONDITIONS
1. Restriction on Disbursement. No money under this Contract shall be
disbursed by the CONTRACTOR to any party except pursuant to a written
contract which incorporates the applicable Supplemental General Conditions and
unless the party receiving the disbursement is in compliance with requirements
with regard to accounting and fiscal matters to the extent that are applicable.
2. Termination of Contract for Cause. If, through any cause, the
CONTRACTOR shall fail to fulfill in timely and proper manner his obligations
under this Contract, or if the CONTRACTOR shall violate any of the covenants,
agreements or stipulations of this Contract, the CITY shall thereupon have the
right to terminate this Contract by giving written notice to the CONTRACTOR of
such termination and specifying theeffective date thereof, at least thirty (30)
days before the effective date of termination. In such event, all finished or
unfinished documents, data, studies, surveys, drawings, maps, models, photo-
graphs, and reports prepared by the CONTRACTOR under this Contract shall,
at the option of the CITY, become its property and the CONTRACTOR shall be
entitled to receive just and equitable compensation for any work satisfactorily
completed hereunder.
Notwithstanding the above, the CONTRACTOR shall not be relieved of
liability to the CITY for-damages.-sustained by the.-C-IT.Y..-by virtue of--any._breach_.__. -
of the Contract by the CONTRACTOR, and the CITY may withhold any payments
to the CONTRACTOR as determined.
3. Termination for Convenience of CITY. The CITY may terminate the
Contract at any time by giving at least thirty (30) days notice in writing to the
CONTRACTOR. If the Contract is terminated by the CITY as provided herein
the CONTRACTOR will be paid an amount which bears the same ratio to the total
compensation as the services actually performed bears to the total services of the
CONTRACTOR covered by this Contract, less payments of compensation previously
made.
4. Changes. The CITY may, from time to time, request changes in the
I Scope of Services of the CONTRACTOR as may be mutually agreed to be per-
formed hereunder. Such changes, including any increase or decrease in the
amount of the CONTRACTOR'S compensation, which are mutually agreed upon by
and between the CITY and the CONTRACTOR, shall be incorporated in written
amendments to the Contract.
2
5. Personnel.
a. The CONTRACTOR represents that he has . or will secure, all
personnel required in performing the services under this Contract. Such
personnel shall not be employees of or have any contractual relationship with
the CITY.
b. The CONTRACTOR shall submit to the CITY a written list of all
employees employed under this Contract (including name, address and position) .
Any changes in this list shall be forwarded to the City every three months.
c. All of the services required hereunder will be performed by the
CONTRACTOR or under his supervision and all personnel engaged in the work
shall be fully qualified and shall be authorized or permitted under the State and
local laws to perform such services.
d. No person who is serving in a penal or correctional institution
shall be employed or work under this Contract.
e. No person or firm who has litigation pending against the City of
Wichita Falls, Texas, shall be employed to work under this Contract unless
specifically authorized by the City Manager.
6. Assignability. The CONTRACTOR shall not assign any interest in this
Contract, and shall not transfer any interest in the same (whether by assignment
or novation) without the prior written consent of the CITY thereto: PROVIDED,
HOWEVER, that claims for-mbney-due*or,-to-become'due-to--the--CONT RACTOR--from- -
the CITY 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 CITY.
7. Records.
a. Establishment and Maintenance of Records. The CONTRACTOR shall
establish and maintain records in accordance with requirements prescribed by the
CITY , with respect to all matters covered by this Contract. Except as otherwise
authorized by the CITY , the CONTRACTOR shall retain such records for a period
of three years after receipt of the final payment under this Contract or termination
of this Contract.
b. Documentation of Costs. All costs shall be supported by properly
executed payrolls, time records, invoices, contracts, vouchers, orders, and/or
any other accounting documents pertaining in whole or in part to this Contract
shall be clearly identified and readily accessible.
c. Reports and Information! The CONTRACTOR at such time and in
such forms as the CITY may require, shall furnish to the CITY such statements,
records, reports, data, and information as the CITY may request pertaining to
3 -
matters covered by this Contract. All of the reports, information , data and
other related materials, prepared or assembled by the CONTRACTOR under this
Contract are confidential and shall not be made available to anyone without the
prior written approval of the CITY. Information restricted by law or
CONTRACTOR policy and relating to personal, medical and financial data
will be treated as confidential and will not be released to the CITY.
d. Audits and Inspections. The CONTRACTOR shall at any time
during normal business hours and as often as the CITY may deem necessary,
make available to the CITY for examination all of its records and data with
respect to all matters covered by this Contract and shall permit the CITY or its
designated authorized representative to audit and inspect all invoices, materials,
payrolls, records of personnel conditions of employment and other data relating
to all matters covered by this Contract.
e. Additional Requirements. Unearned payments under this Contract
may be suspended or terminated upon refusal to accept any additional condition
that may be imposed by the CITY at any time.
f. Accounting. The CONTRACTOR shall establish and maintain on a
current basis an adequate accounting system on an accrual or other accounting
basis in accordance with generally accepted accounting principles and standards.
g. Property Records. A record shall be mdintdiiidd for-6d6if1t6m 'of
nonexpendable property acquired for the program. Nonexpendable property is
property which will not be consumed or lose its identity by being incorporated
into another item of property, which costs One Hundred Dollars ($100.00) or
more per unit and is expected to have a useful life of one (1) year or more.
Grouping of like items such as chairs, with an aggregate cost in excess of
One Hundred Dollars ($100.00) shall also be controlled and accounted for as
nonexpendable property even though the cost of a single item is less than
One Hundred Dollars ($100.00). The record shall include:
1. Description of the item of property, including model and serial
number, if applicable.
2. Date of acquisition.
3. The acquisition cost or assigned value to the program.
It shall also include information as to whether the item or property was new
or used at time of acquisition. The aggregate of the individual cost shown on the
record cards shall equal the balance in the subsidiary cost account for nonexpendable
property.
A physical inventory shall be taken and reconciled with the record card
annually.
4
8. Eligible and Ineligible Costs.
a. Standards. All costs incurred must be reasonable and of a nature
which clearly related to the specific purposes and end product of the Contract
under which the services are being performed. Care must be exercised by all
concerned in incurring costs to assure that expenditures conform to these general
standards and the following criteria for eligibility of costs.
b. Eligible Costs. To be eligible for inclusion of the program, costs
must:
1. Be necessary and reasonable for proper and efficient execution of
the contractual requirements and in accordance with an approved budget.
2. Be in conformance with any limitations or exclusions in these instruc-
tions, federal laws, or other governing limitations.
3. Be accorded consistent treatment through application of accounting
policy and procedures approved and/or prescribed herein.
4. Be net of all applicable credits such as purchase discounts, rebates
or allowances, sales of publications or materials, or other income of refunds.
5. Be in accordance with budgetary or other restriction of expense
established by CONTRACTOR.
6. Be
7. Comply with policies governing administrative practices, including
policies with respect to employment, salary and wage rates, working hours and
holidays, fringe benefits (health and hospitalization, retirement, etc.) , vacation
and sick leave privileges, and travel. The policies shall be in writing and shall
be approved by the governing body of the CONTRACTOR.
c. Ineligible Costs. In addition to costs ineligible under the above
criteria, the following costs are specifically ineligible:
1. Bad Debt. Any losses arising from uncollectable accounts and other
claims and related costs.
2. Contingencies. Contributions to a contingency reserve or any
similar provision for unforeseen event.
3. Fines and Penalties. Costs resulting from violations of or failure
to comply with federal, state and local laws and regulations.
4. Contributions and Donations.
5
5. Entertainment. Costs of amusements , social activities, and
incidental costs , such as meals , beverages, lodgings , and gratuities, relating to
entertainment.
6. Interest and Other Financial Costs. Interest on borrowing
(however represented) , bond discounts, cost of financing and refinancing opera-
tions and legal and professional fees paid in connection therewith.
7. Membership Expenses. Cost of membership in an organization
which devotes a substantial part of its activities to influencing legislation.
8. Travel. Costs in excess of those normally allowed by the CONTRACTOR.
In any case, the difference in cost between first-class air accommodation and
less-than-first class air accommodations is not allowed except when less-than-
first class air accommodations are not available and is so documented.
9. Meeting Attendance. Costs of attending meetings which are not
open for attendance on a non-segregated basis.
9. Limitation on Compensation for Personal Services. Compensation for
personal services includes, but is not limited to, wages, salaries, and supple-
mentary compensation and benefits. Compensation for employees of the CONTRACTOR
shall not exceed that paid for similar work paid by the CITY. In cases where the
kinds of personal services provided have no counterpart in local governmental
agencies, compensation shall not exceed that paid for similar work in the labor
market in which the CONTRACTOR competes for the kinds of personal services
involved or the comp ens ation--level -established-by, the"CONTRACTORIS'-I�i-iiif-ai�-�'
funding source.
10. Interest of Members of CITY. No member of the governing body of the
CITY, and no other office, employee, or agent of the CITY shall have any personal
financial intereet, direct or indirect, in this Contract; and the CONTRACTOR
shall take appropriate steps to assure compliance.
11. Interest of Other Local Public Officials. No member of the governing
body of the locality and no other public official of such locality shall have any
personal financial interest, direct or indirect, in this Contract; and the
CONTRACTOR shall take appropriate steps to assure compliance.
12. Identification of Documents. All reports, maps, signs and other docu-
ments completed as a part of this Contract, other than documents exclusively
for internal use within the CITY , shall contain the following information on the
front cover of title page (or in the case of maps or signs in an appropriate
block): This material prepared in cooperation with the City of Wichita Falls,
Texas, month and year of preparation.
13. Compliance with Local Laws-. The CONTRACTOR shall comply with
applicable laws, ordinances, and codes of the State and local governments, and
6 -
the CONTRACTOR shall save and hold harmless the CITY with respect to
damages arising from any tort committed in performing any of the work embraced
bv this Contract.
14. Civil Rights Act of 1964. The CONTRACTOR will carry out its work
under this Contract in a manner which will permit full compliance by the Program
with Title VI of the Civil Rights Act of 1964, and the regulations adopted by the
Department thereunder so that no person shall, on the ground of race, color or
national origin, be excluded from participation in, be denied the benefits of,
or be subjected to discrimination under any program or activity receiving federal
financial assistance.
15. Political Activity Prohibited. None of the funds, materials , property
or services provided directly or indirectly under this Contract shall be used in
the performance of this Contract for any partisan political activity.
16. Lobbying Prohibited. None of the funds provided under this Contract
shall be used for publicity or propaganda purposes designed to support or defeat
legislation pending before the Congress.
17. Equal Employment Opportunity. During the performance -of this Contract ,
the CONTRACTOR agrees as follows:
(a) the CONTRACTOR will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, or national origin.
The CONTRACTOR will take affirmative action to insure that applicants are
employed, and that employees are treated during employment without regard to
their race, color, religion, sec, or national origin. Such action shall include,
but not be limited to, the following: Employment, upgrading, demotion or transfer,
recruitment or recruitment advertising; layoff or termination; rates of pay or
other terms of compensation; and selection for training, including apprenticesl-dp.
The CONTRACTOR agrees to post in conspicuous places available to all employees
and applicants for employment, notices setting forth the provisions of this
nondiscrimination clause.
(b) The CONTRACTOR will, in all solicitations or advertisements for
employees placed by or on behalf of the CONTRACTOR, state that all qualified
applications will receive consideration for employment without regard to race,
color, religion, sex, or national origina.
18. Renegotiation. This Contract may be renegotiated at the request of
either party in the event alternate sources of funding become available during
the term of the contractual agreement. CONTRACTOR must notify CITY of all
occurrences where alternate funding becomes available.
-7-
19. Appendices. All attachments given reference to in this Contract and
all attachments of mutually agreed upon modifications made by both parties are
hereby incorporated as though fully set forth herein.
This contract made and entered into by and between the City of Wichita
Falls, Texas, a municipal corporation, hereinafter called "City" , and GH-Foster
Cathead Company, Inc. , hereinafter called "Company" ,
WITNESSETH:
WHEREAS , Company is the owner of a certain tract of land, hereinafter
called "Subject Property" , located in Wicl-dta -County, Texas, said land being
more fully described in Exhibit A, which is attached hereto and incorporated
herein, and which land is located within City's extraterritorial jurisdiction; and,
WHEREAS, the Board of Aldermen of the City has, by Resolution No.
designated Subject Property as an industrial district and authorized and approved
this contract which such Board of Aldermen deem to be in the best interest of
the City.
NOW, THEREFORE, for and in consideration of the mutual convenants
hereinafter contained to be performed by the parties hereto, City and Company
do hereby agree as follows:
1. City guarantees the continuation of the extraterritorial status of
Subject Property, and its immunity from annexation by City for a period of
five years from January 1, 1980.
- 2. City will furnish water service to Company on Subject Property at
rates equal to 200 per cent of the rates charged to users located within the city
limits throughout the term of this contract, unless the City's Board of Aldermen
completely eliminates the 'standard out-of-city additional charge established by
ordinance, in which event Company shall thereafter pay the same rates charged
to users within the city limits.
3. City will furnish solid waste collection and removal service to Company
on Subject Property, if desired, at rates equal to 150 per cent of the rates
charged to commercial and business establishments within the city limits through-
out the term of this contract, unless City's Board of Aldermen completely
eliminates the standard out-of-city additional charge established by ordinance,
in which event Company shall thereafter pay the same rates charged to users
within the city limits.
4. The water service and solid waste collection service provided to
Company by City shall be subject to the ordinances of City as presently existing
and as may be hereinafter amended.
5. City will not furnish fire protection nor police protection service to
Subject Property.
6. This contract does not release nor waive any obligations to the City in
connection with any paving, curb and gutter, or other improvement liens which
may be assessed against Subject Property.
7. It is agreed that in the event Subject Property is sold, either by deed
or by sale of controlling interest in Company, the obligations contained in this
contract shall be assumed by the successor owner.
8. Company has represented to City that it plans to construct a new ,
expanded version of its existing plant on the Subject Property. It is agreed
that, if the contemplated expansion is not physically underway and being actively
pursued by Company by December 31, 1981, then Company shall pay to City a
payment in lieu of taxes in cash in an amount equal to the amount that its
normal city taxes would have been for the year 1981 had they been in the city
limits; further, City shall have the right to terminate this contract and to
proceed to annex Subject Property. Such payment in lieu of taxes shall be paid
by December 31, 1981.
9. In the event such payment in lieu of taxes for the year 1981 shall
become payable by Company, then in computing the amount that its taxes would
have been for the year 1981, the following rules shall be applied:
a. The appraised value of the land, the buildings and other improvements
and the machinery, equipment and other personal property, shall be determined
in the same manner as other items of this type in the City are appraised.
b. The appraised value of the inventory shall be determined in the
same manner that the inventory of other firms in the City are appraised.
c. The current assessment ratio established by the Board of Aldermen
shall be applied to the appraised value in order to obtain the assessed value;
the current tax rate as established by the Board of Aldermen shall be applied
to the assessed value to obtain the amount that the taxes would have been had
the property been located within the city limits. The payment in lieu of taxes
shall be 100 per cent of the amount so computed.
10. In the event Company should breach any of the provisions of this
contract, and it fails to remedy such breach within 30 days after having been
notified by City to do so, then City shall have the right to terminate this
contract, and to proceed to annex Subject Property.
11. City shall initiate proceedings to annex Subject Property into the city
limits early enough to be able to complete such proceedings by December 31,
1985, and Subject Property shall be included on the tax rolls of City on
January 1, 1986.
12. TMs contract shall,be effective as of January 1, 1981.
IN WITNESS WHEREOF, the parties hereto have caused this contract to
be executed by their duly authorized officers on this the day of
1981.
CITY OF WICHITA FALLS
BY:
Stuart A. Bach
ATTEST: City Manager
City Clerk
GH-FOSTER CATHEAD COMPANY, INC.
BY:
H. R. Crispin
Senior Vice-President
ATTEST: Galveston-Houston Company
Secretary
EXHIBIT A
TO CONTRACT BETWEEN CITY OF WICHITA FALLS ,
TEXAS AND GH-FOSTER CATHEAD COMPANY, INC.-
All of lot 1 , Block 27, a replat of part of Block 27, Kemp &
Newby Subdivision, Wichita County, Texas, as shown on the plat
of record in the office of the County Clerk of Wichita County,
Texas .
THIRD AMENDMENT TO WATER P17RC11ASE CONTRACT
This Third Amvn(krent to Water Colit"act TI)a(
ist day of Documber, 19sa , by arid
and entered into this 010
between the City of �vichita Falls, Texas and Dean Dalo Water
Supply Corporation,
WITNESSETH:
WHEREAS, the City of Wichita Falls and Dean Dale water
Supply Corporation entered into a water purchase rontract
dated Ma.rch 2, 1977, and the parties desire to amend such
contract.
NOW, THEREFORE, the parties hereto do hereby a,-ree a-
follows:
said contract dated March 2, 1977 is
Section 5.0 of
hereby amended to read as follows:
"Section 5.0: Corporation shall Permit the water to be
Unless
V used only for normal residential and commercial purposes.
water shall not be
written permission is obtained from City,
used for extensive agricultural irrigation, or by any processing
or manufacturing concern which uses water in substantial
M
F� 'M
quantities, or for other municipalities and/or residential and/or
commercial subdivisions. Corporation may sell water directly to
customers located within the city limits of the Town of Jolly and
the Town of Dean provided such customers are located within the
service area of corporation. Permission to serve such subdivisions
the subdivision complies with the
may be given by the City if
ulations, building code, electrical code
City's subdivision reg
and plumbing code; if such subdivision is located outside City's
extraterritorial jurisdiction, compliance with such regulations
and codes may be waived if the subdivider furnishes the City with
a copy of any subdivision plat which is filed with the County
Clerk. No connections shall be made to e.xisting water service
lines located in or extensions mad(I into aircraft accidont
potential and/or noise zones of Sheppard Air Force Base withO t
specific approval of the City. Such zones, shall be those shown
Pacre 3 of 10 Pages
Agenda Item No. 12A.
7
in the most recent Air Installation Compatible Use Zone Study
for Sheppard Air Force Base.
The Corporation shall not sell anv water to privat.,,,
for resale by such Private parties to third parties. Corp�)ratjon
s ha 1 1 be allowed to make siri�:Ie connections to the Corporation's
system with notification to the City of such action, provided
IWA
the maximum dai1v allowable as set out in the contract is not
exceeded. The Corporation shall not sell water to an� con.-,umer
outside their service as on file with the Citv and/or the
Public Utility Commission of Texas. Apnroval by the City shall
be required for any service area change, which approval shall
not be unreasonably withheld."
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed as of the day and year first set out
above.
CITY OF WICHITA FALLS, TEXAS
F
BY:
City Manager
lkql�
ATTEST:
City Clerk
DEAN DALE WATER SUPPLY CORPORATION
BY:
President
ATTEST:
Secretary
-2-
Page 4 of 10 Pages
Agenda Item No. 12A.
'77
FIRST AMEND.MENT TO WATER PURCHASE covrIZACT
This First Amendment to Water purchase Cont ract, made
and entered into this the Ist da-v, of D(�cember. 1981, by and
between the City of Wichita Falls, Texas and Fri be r
Water Supply Corporation,
WITNESSET11:
WHEREAS, under date of June 15, 1979, the City of
Whichita Falls and Friberg-Cooper Water Supply Corporation
entered into a water purchase contract, and the parties desire
to anend such contract.
�n'
NOW, THEREFORE, the parties hereto do hereby agree as
follows:
Section 5.0 of said contract dated June 15, 1979 is hereby
r
amended to read as follows:
"Section 5.0: Friberg shall permit the water to be used
only for normal residential and commercial purposes. Unless
written permission is obtained from City, water shall not be
used for extensive agricultural irrigation, or by any processing
or manufacturing concern which uses such water in substantial
quantities or for other municipalities and/or residential and/or
commercial subdivision. Such permission will not be given to
serve a subdivision unless the subdivision complies with the
Subdivision Regulations, Building Code, Electrical Code, Plumbing
Code and any other ordinances or regulations which apply in the
City of Wichita Falls. No connections shall be made to existing
water service lines located in or extensions made into aircraft
accident potential and/or noise zones of Sheppard Air Force Base
without specific approval of the City. Such zones shall be those
shown in the most recent Air Installation Compatible Use Zone
(AICUZ) Study for Sheppard Air Force Base. Friberp shall not
sell any water to any private party for resale by such private
parties to third parties. Friberr -,hall be allowed to make single
connf-ctions to the Frib(-rg system with notification to the City
of such action, provided the maximum daily allowable as set out
S-
Page 6 of 10 Pag
Agenda Item No. 12.i.
in he contract is not Fril,og shall not soll
water to anv consumer cmt,�i(io of tho houndaries of' the -system
presently served and as sho-�%n by map attached horeto as oxhibit B."
IN WIT%FSS �NIIEREOF, the parties hereto have caused these
4
presents to be executed as of the day and year first set out
above.
CITY OF WICHITA FALLS, TEXAS
rj
BY:
City Manager
ATTEST:
City Clerk�
FRIBERG-COOPER WATER SUPPLY
CORPORATION
BY:Presid-ent
05-
ATTEST:
Secretary
-2-
Page 7 of 10 Pagesz;'�
Agenda Item No. 12A.
SY
FOURTH AMENDMENT TO WATER PURCHASE CONTRACT
This Fourth Amendment to Water Purchase Contract made
and entered into this the ist day of December , 1981 , between
the City of Wichita Falls , Texas and Wichita Valley Water
Supply Corporation,
WITNESSETH:
WHEREAS , under date of March 19 , 1974 , the City Of
Wichita Falls and Wichita Valley Water Supply Corporation ,
entered into a water purchase contract , and the parties
desire to further amend such contract .
NOW, THEREFORE , the parties hereto do hereby agree as
follows :
Section 5 . 0 of said contract is hereby amended to read
as follows :
"Section 5 . 0 : Corporation shall permit the water to be
used only for normal residential , commercial and municipal
purposes. Unless written permission is obtained from City ,
water shall not be used for agricultural irrigation , cattle
feed lots , or any processing or manufacturing concern which uses
such water in other than normal residential or commercial
quantities, or for other municipalities and/or residential and/or
commercial subdivisions . Permission to serve such subdivisions
may be given by the City if the subdivision complies with the
City' s subdivision regulations, building code, electrical code and
plumbing code , and any other ordinance or regulation which applies
in the City of Wichita Falls . Corporation shall not sell any
water to any private party for resale by such private parties to
third parties . The service area of the Wichita Valley Water
Supply Corporation shall be restricted to the area as indicated
in Exhibits IICII and I'D" attached and conditioned by the other
restrictions in this section . Any extension of the service area
and system must be approved in writing by the City . "
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed as of the day and year first set
out .
CITY OF WICHITA FALLS , TEXAS
BY 7:1 n a�ger
Cit
ATTEST :
City Clerk
WICHITA VALLEY WATER SUPPLY
CORPORATION
n t
BY :
PreS4
ATTEST:
Secretary