Res 069-91 4/16/1991RESOLUTION NO.
RESOLUTION TO MODIFY CONTRACTS WITH
CONSULTING ENGINEERING FIRM OF BIGGS &
MATHEWS, INC.
WHEREAS, the City Council approved a contract on January 5,
1988 with the engineering firm of Biggs & Mathews, Inc. for
engineering services related to the Holliday Creek Sanitary Sewer
Interceptor project;
WHEREAS, the City Council approved an engineering contract
on August 7, 1990 with the engineering firm of Biggs & Mathews,
Inc. for engineering services related to Phase 1 of the North
Drainage Basin Sanitary Sewer Improvements project;
WHEREAS, both of these contracts provided for inspection
services by the engineering firm; and,
WHEREAS, conditions have changed since both of these
contracts were approved, such that the Council and the
engineering firm jointly desire to modify both contracts as
indicated on the attached contract amendments.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WICHITA FALLS, TEXAS, THAT:
The attached amendments to the cited engineering contracts
are hereby approved, and the City Manager is authorized to
execute the amendments for the City of Wichita Falls.
PASSED AND APPROVED THIS THE 16TH ! . •F AP'-+ , '91.
M A Y O R•
ATT ST:
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1
CITY CLERK
STATE OF TEXAS
COUNTY OF WICHITA ) (
This contract amendment, made and entered into as of this the
16th day of April, 1991, by and between the City of Wichita
Falls, Wichita County, Texas, a municipal corporation in the
State of Texas, and the firm of Biggs & Mathews, Inc. , Wichita
Falls, Texas;
WITNESSETH:
WHEREAS, the City of Wichita Falls and the engineering firm
of Biggs & Mathews, Inc. entered a contract on January 5, 1988
for the provision of engineering services in a project known as
Holliday Creek Sanitary Sewer Trunk Main and Lift Station; and,
WHEREAS, the parties to the contract do now mutually agree
to the following amendments to the January 5, 1988 contract.
NOW, THEREFORE, it is agreed as follows:
The special note on inspection services on Page 10 of the
January 5, 1988 contract is amended to read as follows:
On site inspection and project
administration services for that portion of
the 7ro 'ect remaining after the date of thisP
contract amendment shall be paid at a rate of
35. 00 per hour until the project is
completed. Documented time for payment and
inspection reports shall be provided to the
City of Wichita Falls by Biggs & Mathews,
Inc. "
This amendment does not affect any other portion of the
January 5, 1988 contract.
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 Kerry D.
Maroney, thereunto authorized Vice-President, does now sign,
execute and deliver this document.
Done at Wichita Falls, Texas, on this 19th day April, A.D. , 1991.
Biggs & Mathews, Inc.
By: Vice President
City of Wichita Falls
By: City Manager
Attest by:
City Clerk
STATE OF TEXAS
COUNTY OF WICHITA ) (
This contract amendment, made and entered into as of this the
16th day of April, 1991, by and between the City of Wichita
Falls, Wichita County, Texas, a municipal corporation in the
State of Texas, and the firm of Biggs & Mathews, Inc. , Wichita
Falls, Texas;
WITNESSETH:
WHEREAS, the City of Wichita Falls and the engineering firm
of Biggs & Mathews, Inc. entered a contract on August 7, 1990 for
the provision of engineering services in a project known as Phase
1-North Basin Sanitary Sewer Improvements; and,
WHEREAS, the parties to the contract do now mutually agree
to the following amendments to the August 7, 1990 contract.
NOW, THEREFORE, it is agreed as follows:
Section 1, Paragraph D3 on Page 3 is amended to read as
follows:
3. Make periodic visits (a minimum of twice
a month) to the site to observe as an
experienced and qualified design professional
the progress and quality of the executed
work, and to determine in general if the work
is proceeding in accordance with the plans
and specifications and submit monthly reports
relating to such visits; the CONSULTANT shall
not be required to make exhaustive or
continuous on-site inspections to check the
quality or quantity of the work; the
CONSULTANT shall not be responsible for the
means, methods, techniques, sequences or
procedures of construction selected by the
contractor. The CONSULTANT's efforts will be
directed towards providing assurances for the
CITY that the completed Project will conform
to the plans and specifications. The
CONSULTANT shall not be responsible for the
failure of the contractor to perform the
construction work in accordance with the
plans and specifications and the contractor's
contract.However, the CONSULTANT shall
report to the CITY any deficiencies in the
work actually detected by the CONSULTANT.
During such visits and on the basis of on-
site observations, the CONSULTANT shall
consult and advise the CITY during
construction. "
Paragraph 1. 3 of Exhibit 1 on Page 10 of the contract
relating to the provision of on-site resident inspection and
project administration services is deleted.
This amendment does not affect any other portion of the
August 7, 1990 contract.
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 Kerry D.
Maroney, thereunto authorized Vice-President, does now sign,
execute and deliver this document.
Done at Wichita Falls, Texas, on this 19th day April, A.D. , 1991.
Biggs & Mathews, Inc.
By: Vice President
City of Wichita Falls
By: City Manager
Attest by:
City Clerk