Res 168-94 10/18/1994RESOLUTION NO. I } /^ E/' - (71 (-1!
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RESOLUTION APPROVING CONTRACT FOR DESIGN AND
INSPECTION OF SANITARY LANDFILL CELL XI
WHEREAS, the City of Wichita Falls desires to construct Cell
XI at the Sanitary Landfill; and,
WHEREAS, this Cell must be constructed in full compliance
with the Texas Natural Resource Conservation Commission
regulations pertaining to Subtitle D; and,
WHEREAS, the City desires to retain the services of Biggs
and Mathews, Inc, Consulting Engineers, for the design and
inspection of this work.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WICHITA FALLS, TEXAS, THAT:
The attached contract with Biggs and Mathews, Inc. ,
Consulting Engineers, is hereby approved.
PASSED AND APPROVED this the 18th da •"October, ' •4 .
Orr
c4/
MAYOR
ATTEST: , //
C L
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STATE OF TEXAS S
COUNTY OF WICHITA $
This contract, made and entered into as of the day of 19 ,
by and between the City of Wichita Falls, Wichita County, Texas, a Municipal
Corporation in the State of Texas, (hereinafter called "OWNER" or "CITY") and the
firm of Biggs & Mathews, Inc., 2500 Brook Street, Wichita Falls, Texas 76301,
hereinafter called "ENGINEER" or "CONSULTANT"), Engineers duly licensed and
practicing under the laws of the State of Texas;
WITNESSETH:
WHEREAS, the City of Wichita Falls proposes to accomplish certain facility
improvements in a project known as Cell No. 11. Wichita Falls
Sanitary Landfill and,
WHEREAS, the firm of Biggs & Mathews, Inc. is acceptabletable to the Owner and99P
is willing to enter into a contract to perform the engineering services required
by the Owner.
NOW, THEREFORE, it is agreed as follows:
Section 1
I.
A. The general scope of the project is: Provide the detailed design for the
construction of a Sub-title "D" liner at the City of Wichita Falls'
sanitary landfill in an area know as Cell No. 11. The project shall
include all excavation, soil liner construction, leachate collection
system, membrane liner, and protective cover in accordance with Texas
Natural Resource Conservation Commission (TNRCC) requirements.
B. The OWNER hereby retains the ENGINEER for all engineering services
required in connection with the said proposed project. The services
performed by the ENGINEER in connection with proposed improvements shall
be divided into two phases, as follows:
Phase 1 - Preparation of detailed plans and specifications for
improvements, including final cost estimates.
Phase 2 - Construction of improvements included under Phase 1.
C. Phase 1 - Preparation of Detailed Plans and Specifications shall include:
1. Attend not more than three (3) meetings as deemed necessary with
CITY officials.
2. Provide structured reviews for CYTY staff at the 30% design
completion to discuss concept plans; at the 65% design completion to
discuss preliminary working drawings; and at 95% completion to discuss
final plans.
3. Furnish when necessary all data required by the CITY for the
development of any applications or supporting documents for State or
Federal Government permits, grants, or planning advances, provided that
such data shall not extend beyond that actually developed in the
performance of other provisions of this contract.
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4. Perform any additional field surveys and site topography required
to collect information needed in the design of the Project.
5. Prepare detailed contract drawings, specifications, instructions
to bidders, general provisions, proposal and any other document necessary
for the CITY to advertise for bids.
6. All contract documents and plans are to be in preliminary form,
ready for CITY approval by November 18 , 1994. Final plans and
documents are to be ready for bids within ten (10) days after CITY
approval of the preliminaries.
7. Furnish as a part of the CONSULTANT'S base fee not more than ten
10) sets of bidding documents.
8. Provide clarification and interpretation to bidders; upon the
direction of the CITY issue Plans and Specifications for bidding purposes;
receive and record plan deposits; prepare, issue and deliver all addenda
required to perfect the bid documents; maintain a record of issuance and
receipt of same. All returned sets of bidding documents shall be
available to the successful bidder and subcontractors, not to exceed the
number of bidding documents referred to above.
9. Attend a pre-bid conference with City representatives and
interested bidders.
10. Tabulate and furnish to the CITY an original and five (5) copies
of the bid tabulation together with his written recommendation regarding
the award of the contract.
D. Phase 2 - General Administration of Construction shall include:
1. Perform the necessary services in connection with establishing
the horizontal and vertical control for construction layout on the ground
for the Project.
2. Attend a Pre-Construction Conference with the representatives of
the interested CITY Departments and Contractors.
3. Consulting and advising with the OWNER and• preparing routine
change orders as required.
4. Reviewing shop and working drawings furnished by contractors for
compliance with the design concept and with information given in contract
documents (contractor is responsible for dimensions to be confirmed and
correlated at job site).
5. Preparation of monthly and final estimates for payments to
contractors and furnishing any necessary certifications as to payments to
contractors and suppliers.
6. Performing, in company with the representative of the OWNER, a
final inspection of the Project.
7. Revision of construction drawings to reflect any revisions
included in construction records.
8. Furnish OWNER with one (1) reproducible set of "As-Built"
construction drawings on Mylar Sepia Film and two (2) sets of prints.
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9. Obtain from the construction contractor and deliver to the OWNER,
all manufacturers' warranties or bonds on materials and equipment
incorporated in the Project for which such warranties or bonds were
requested by the specifications.
10. Obtain from the construction contractor and deliver to the
OWNER, operations and maintenance (0 & M) documents on equipment
incorporated in the Project for which such documents were requested by the
specifications. 0 & H documents are to be bound into volumes not more
than 2 inches in thickness and are to be fully indexed and tabbed. All
sheets will be folded, as required, to not larger than 8-1/2 x 11 inch
size. 0 & M documents are to be original copy in the number of copies
specified.
11. Develop, at the request of the OWNER, any changes, alterations
or modifications to the Project which appear to be advisable and feasible
and in the best interest of the OWNER.
II.
Special Provisions
A. As necessary and as required by law, CONSULTANT shall coordinate with
and/or seek approval of federal, state and local authorities for concept
and design of this project. Such coordination or approval shall be
accomplished prior to the bidding process.
B. For special services as may be required and/or authorized by the OWNER,
the ENGINEER shall be compensated on the basis of fees as shown in
Appendix A herein attached. Special services are defined as court
litigation, field surveys for land acquisitions and easements, associated
travel costs, and other service, as shown in Appendix A.
C. The OWNER will give prompt written notice to the ENGINEER whenever the
OWNER observes or otherwise becomes aware of any defects in the
engineering services, in the work of the contractor, or any development
that affects the scope or timing of engineering services.
III.
Fee Schedule
For and in consideration of the services to be rendered by the ENGINEER in this
Agreement, the OWNER shall pay and the ENGINEER shall receive the fee as set
forth in attachment hereto which is made a part hereof and identified'as Exhibit
I.
IV.
Revisions to Drawings and Specifications
The ENGINEER shall make without expense to the OWNER such revisions to the
Preliminary Phase as may be required to meet the needs of the OWNER, but after
the approval of the Preliminary Phase any revisions, additions, or other
modifications made at the OWNER's request which involves extra services and
expenses to the ENGINEER shall be subject to additional compensation to the
ENGINEER for such extra services and expenses.
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Ownership of Documents
All documents including the original drawings, estimates, specifications, field
notes and data, will remain the property of the OWNER. Any reuse without
specific written verification or adaptation by ENGINEER will be at OWNER's sole
risk and without liability or legal exposure to ENGINEER. Any such verification
or adaptation may entitle ENGINEER to further compensation at rates to be agreed
upon by OWNER and ENGINEER.
Title and Stamp Requirements
All plans prepared under this contract will bear the ENGINEER'S title and stamp
thereon.
V.
Termination
A. Right of Either Party to Terminate
This Agreement may be terminated by either party for substantial failure
by the other party to perform (through no fault of the terminating party)
in accordance with the terms of this Agreement.
This agreement may also be terminated if the CITY elects, for whatever
reason, not to continue the proposed project.
The terminating party must issue a signed, written notice of termination
citing this paragraph) to the other party which shall take effect on the
tenth day following receipt of said notice.
B. Procedures ENGINEER to Follow upon Receipt of Notice of Termination if
Issued by the OWNER
Upon receipt of a notice of termination and prior to the effective date of
the termination, the ENGINEER shall, unless the notice otherwise directs,
immediately begin to phase-out and discontinue all service in connection
with the performance of this Agreement and shall proceed to promptly
cancel all existing orders and contracts insofar as such orders and
contracts are chargeable to this Agreement. Within 30 days after receipt
of the notice of termination, the ENGINEER shall submit a statement,
showing in detail the services performed under this Agreement prior to the
effective date of termination.
Copies of all completed or partially completed specifications and
reproducibles of all completed or partially completed design and plans
prepared under this Agreement prior to the effective date of termination
shall be delivered to the OWNER as a pre-condition to fihal payment,.
These documents shall be subject to the restrictions and conditions set
forth in IV above.
Upon the above conditions being met, the OWNER shall promptly pay the
CONSULTANT that proportion of the prescribed fee which the services
actually performed under this Agreement bear to the total services called
for under this Agreement, less previous payment of the fee.
Failure by the ENGINEER to comply with the submittal of the statement and
documents as required above shall constitute a waiver by the ENGINEER of
any and all rights or claims to collect monies that ENGINEER may
rightfully be entitled to for services performed under this Agreement.
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VI.
ENGINEER'S Warranty
The ENGINEER warrants that he has not employed or retained any company or person
other than a bona fide employee working solely for the ENGINEER, to solicit or
secure this contract, and that he has not for the purpose of soliciting or
securing this contract paid or agreed to pay any company or person, other than
a bona fide employee working solely for the ENGINEER, any fee, commission,
percentage, brokerage fee, gift, or any other consideration, contingent upon or
resulting from the award or making of this contract. For breach of this
warranty, the OWNER shall have the right to terminate this contract under the
provisions of V above.
VII.
Equal Employment opportunity/Minority Business Enterprise
The ENGINEER agrees not to engage in employment practices which have the effect
of discriminating against any employee or applicant for employment; and, will
take affirmative steps to ensure that applicants are employed and employees are
treated during employment without regard to their race, color religion, national
origin, sex, age, handicap, or political belief or affiliation.
VIII.
Assignment or Transfer of Interest
The ENGINEER shall not assign or transfer his interest in the contract without
the written consent of the OWNER.
IX.
Indemnification
ENGINEER shall and does hereby agree to indemnify and hold harmless the OWNER
from any and all damages, loss or liability of any kind, whatsoever, by reason
of injury to third persons occasioned by any' negligent act, error, or omission
of ENGINEER, its officers, agents, employees or other persons for whom ENGINEER
is legally liable, in rendering or failing to render professional services with
regard to the performance of this Agreement; ENGINEER will
sat
its cost and
expense defend and protect the OWNER against any and all such claims and demands. .
X.
Severability
If for any reason, any one or more paragraphs of this contract are held invalid,
such judgment shall not affect, impair or invalidate the remaining paragraphs of
the contract but shall be confined in its operations to the specific section,
sentences, clauses or parts of this contract held invalid and invalidity of any
section, sentence, clause or parts of this contract in any one or more instance
shall not affect or prejudice in any way the validity of this contract in any
other instance.
S
XI.
Estimates of Cost
Since the ENGINEER has no control over the cost of labor, materials or equipment
or over the contractor's methods of determining prices, or over competitive
bidding or market conditions, his opinions of probable Project Cost or
Construction Cost provided for herein are to be made on the basis of his
experience and qualifications and represent his best judgment as a design
professional familiar with the construction industry but the ENGINEER cannot and
does not guarantee that proposals, bids or the construction cost will not vary
from opinions of probable coat prepared by him.
XII.
Entire Agreement
This Agreement represents the entire and integrated Agreement between the OWNER
and ENGINEER and supersedes all prior negotiations, representations, or
agreements either oral or written. This Agreement may be amended only by written
instrument signed by both the OWNER and ENGINEER.
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SECTION 2
IN WITNESS WHEREOF, the City of Wichita Falls has lawfully caused these presents
to be executed by the hand of the City Manager of said CITY, and the corporate
seal of said CITY to be hereunto affixed and this instrument to be attested by
the City Clerk, and the said CONSULTANT, acting by the hand of
thereunto authorized does now
sign, execute and deliver this document.
DONE at Wichita Falls, Texas, on this day of A.D., 19_.
BIOOS & MATHEWS, INC.
By: t
Prefer
Official Title
rporation Secretary
CITY OF WICHITA FALLS, TEXAS
By:
City Manager
ATTEST BY:
City Clerk
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EXHIBIT 1
COMPENSATION FOR PROFESSIONAL SERVICES
PERCENT OF CONSTRUCTION COST METHOD
Section 1 - Basis for Compensation
1.1 The base fee for all services defined by this contract shall be determined
by the percentage tables shown below and as defined in the following
paragraphs:
CONSTRUCTION COST BASE. MINIMUM FEE IN PERCENT
OF PROJECT CLASSIFICATION
A
Less than 100,000 To be negotiated based upon the
type of work
100,001 to 250,000 10.00 9.25
250,001 to 500,000 9.75 8.00
500,001 to 750,000 8.75 7.25
750,001 to 1,000,000 8.25 6.75
1,000,001 to 3,000,000 7.00 6.25
3,000,001 to 5,000,000 6.75 5.50
5,000,001 to 10,000,000 6.50 5.25
For the purpose of establishing fees for separate phases, the following
percentage allocations apply:
Min. Fee. Max. Fee
of To Be Paid To Be Paid
Total This Contract This Contract
Phase 1 - Design Phase 80% 54,000.00 60,000.00
Phase 2 - Construction Phase 20% 13,500.00 15,000.00
Total 67,500.00 75,000.00
The Schedule used for payment of services shall be based on the
Classification B above. If the total project is constructed under more
than one contract with a contractor, each contract being bid and
administered separately under the terms of this agreement with the
ENGINEER, then the above schedule shall be applied to the awarded value of
each separate contract and the ENGINEER shall be paid accordingly. The
total fee, however, shall not exceed the maximum fee to be paid tinder this
contract.
The fee as computed from this schedule shall not be less than the maximum
fee which would be obtained if calculated under the next lower cost
bracket.
1.2 It is to be understood that the amount paid the CONSULTANT as that portion
of his fee due for the Design Phase shall be based upon his estimate of
the construction cost. This fee will be adjusted to conform to the fee
due the CONSULTANT based on the actual award of the construction contract,
unless the scope of the Project has been reduced after the approved
estimate in which event the fee for the phases completed prior to such
reduction shall be based upon the approved cost estimate and the balance
of the fee shall be based upon the award.
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1.2.1 In the event the Project is terminated without awarding a
construction contract, the fee due for the Design Phase shall be based on
the cost estimate, as approved and accepted by the CITY for the Design
Phase.
Section 2 - Changes
2.1 The CONSULTANT and the CITY acknowledge the fact that the base fee as
determined in paragraph 1.1 above has been established predicated upon the
total estimated costs of services to be rendered under the contract. For
additional services, compensation shall be subject to renegotiation in
accordance with Appendix "A".
Section 3 - Method of Payments
3.1 Payment shall be made to the CONSULTANT based upon the several Phases as
described heretofore and in accordance with the following:
3.1.1 Design Phase - 95% of the total amount of the Design Phase due the
CONSULTANT shall be payable following acceptance of the work, and the
remaining 5% shall be payable after the construction contract award.
3.1.2 Construction Phase - Payment will be made in monthly installments
for this Phase in proportion to the construction work completed by the
construction contractor. However, the final payment due under this Phase
will be withheld until such time as the "As-Built" reproducible drawings
heretofore mentioned have been furnished.
3.2 The CONSULTANT shall be compensated on the basis specified for extra
services not included in the contract as set forth in Appendix "A", for
only those Field Alterations that have been approved by the CITY for
compensation, however, the CONSULTANT shall not be compensated for Field
Alterations made necessary by the CONSULTANT's errors or omissions.
3.3 The final payment to be made by the CITY to the CONSULTANT will be payable
upon submission of the "As-Built" Plans.
Section 4 - Maximum Base Fee
4.1 All other paragraphs and provisions notwithstanding the maximum base fee
payable to the CONSULTANT under Exhibit 1 shall not exceed $75.000.00 for
all phases of the work. This does not affect the fees payable for
additional services under the provisions of Appendix A.
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APPENDIX "A"
COMPENSATION FOR ADDITIONAL PROFESSIONAL SERVICES
The fees as described in Exhibit 1 of this contract for the Design and
Construction Phases of the Project shall provide compensation to the CONSULTANT
for all services called for under this agreement to be performed by him or under
his direction except the services as set forth below. These additional services
and the compensation to be paid by the CITY to the CONSULTANT for their
performance when authorized in writing by the Director as set forth as follows:
A. The basis of compensation for the following additional services shall be:
a. $85.00 per hour for testimony of principals.
b. Salary cost times a multiplier of 2.25 for services other than
testimony of principals.
c. Reimbursement for non-labor expense and subcontract expense at
invoice cost plus a 10% service charge.
1. Assistance to the CITY as an expert witness in any litigation with
third parties, arising from the development or construction of the
Project including the preparation of engineering data and reports.
B. The basis of compensation for the following additional services shall be:
a. Salary cost times a multiplier of 2.25 and/or
b. Reimbursement for direct non-labbr expense and subcontract expense
at invoice cost plus a 10% service charge.
1. Construction staking and checking alignment of existing hubs.
Elevations of all hubs shall be reestablished. Restaking shall be
done as required, and a cut sheet based on such restake shall be
prepared.
2. Full-time/part time on-site inspection for certification and quality
control assurance as required by State Regulatory Agency (Texas
Conservation Commission)uNaturalResourceConseryandupdated Sub-title "D"
site permit modification.
3. All field certification survey work, submission of construction
quality control documentation to TNRCC for clay liner, membrane
liner, and leachate collection system.
4. All quality control testing of liner and laboratory testing
certification in accordance with site permit and TNRCC requirements.
5. Preparation of applications and supporting documents for
governmental grants, loans or advances in connection with the
Project; preparation or review of environmental assessments and
impact statements; review and evaluation of the effect on the design
requirements of the Project of any such statements and documents
prepared by others; and assistance in obtaining approvals of
authorities having jurisdiction over the anticipated environmental
impact on the Project.
6. Revising previously accepted studies, reports, design documents or
Contract Documents when such revisions are due to causes beyond
CONSULTANT's control.
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7. Preparing documents for alternate bids requested by the CITY.
8. Investigations involving detailed consideration of operations,
maintenance and overhead expenses.
9. Providing Value Engineering during the course of design.
10. Preparation of feasibility studies not required in the base
contract.
11. Cash flow and economic evaluations, rate schedules and appraisals.
12. Detailed quantity surveys of material, equipment and labor.
13. Audits or inventories required in connection with construction
performed by the CITY.
14. Services after the award of each contract in evaluating
substitutions not specified as an "or equal" proposed by the
contractor(s) as authorized by the CITY.
15. Making revisions to drawings and specifications occasioned by
substitutions.
16. Services during out-of-town travel required of CONSULTANT.
17. Additional services during construction made necessary by (1) work
damaged by fire or other cause during construction, (2) a
significant amount of defective or neglected work of contractor(s),
3) acceleration of the progress schedule required by the CITY
involving services beyond normal working hours, and (4) default by
contractor(s).
18. Preparation of operating and maintenance manuals.
19. Additional or extensive assistance after initial startup in the
utilization of any equipment or system (such as post initial startup
testing, adjusting and balancing).
20. Training personnel for operation and maintenance.
21. Services after the completion of the Construction Phase, such as
inspections during any guarantee period and reporting observed
discrepancies under guarantee called for in any contract for the
project.
22. Actual performance of test borings and other soil •or foundation
investigations and related analysis.
23. Detailed mill, shop and/or laboratory inspection of -materials or
equipment.
24. Additional copies of reports, drawings and specifications over the
number specified in the base contract.
25. Providing renderings or models for CITY use.
26. Project aerial mapping.
27. Right-of-way surveys and related office calculations.
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C. Salary cost for purposes of this appendix is defined as the cost of
salaries of engineers, draftsmen, stenographers, surveymen, clerks,
laborers, etc., for time directly chargeable to the . project, plus
customary and statutory benefits including but not limited to social
security contributions, unemployment excise and payroll taxes, employment
compensation insurance, retirement benefits, medical and insurance
benefits, sick leave, vacation and holiday pay applicable thereto.
D. The amount of customary and statutory benefits of all personnel other than
Principals of the consulting firm will be considered equal to 30% of
salaries and wages.
E. For purposes of this appendix, the Principals of the consulting firm and
their total hourly charge will be as follows:
NAME HOURLY CHARGE
1. James E. Biggs III 85.00
2. Kerry D. Maroney 85.00
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