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Res 040-83 2/15/1983RESOLUTION NO. D RESOLUTION APPROVING THE HIRING OF THE FIRM OF BIGGS & MATHEWS, INC. , CONSULTING ENGINEERS, FOR ENGINEERING SERVICES ON THE REHABILITATION OF THE TRICKLING FILTERS AND GRIT CHAMBER IMPROVEMENTS AT THE WASTEWATER TREATMENT PLANT WHEREAS, the City of Wichita Falls proposes to rehabilitate the trickling filters and improve the grit chambers at the River Road Wastewater Treatment Plant; and, WHEREAS, the City of Wichita Falls wishes to employ the firm of Biggs & Mathews, Inc. to provide the engineering services for these repairs. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The firm of Biggs &Mathews, Inc. has agreed to provide engineering services according to the attached contract. This contract is hereby accepted and the City Manager is authorized to execute the contract for the City of Wichita Falls. PASSED AND APPROVED THIS THE 15TH DAY OF FEBRUARY, 1983. 27 A ATTEST: 1-4iatale/i):!(-&-OW '2/ CITY CLERK Page 2 of 9 Pages Agenda Item No. STATE OF TEXAS COUNTY OF WICHITA <> This Contract, made and entered into as of the day of 1983, by and between the City of Wichita Falls, Wichita Falls, Texas (hereinafter called "Owner") and the firm of Biggs & Mathews, Inc . , Consulting Engineers, Wichita Falls, Texas (hereinafter called "Engineer") . WITNESSETH: WHEREAS, the Owner will require the construction of certain improvements involving replacement of trickling filter media, filter tank wall repairs and improvements to grit chamber at the wastewater treatment plant located south of the Wichita River in the City of Wichita Falls and WHEREAS, the firm of Biggs & Mathews, Inc . is acceptable to the Owner and is willing to enter into a contract to perform engineering service required by the Owner; NOW THEREFORE, it is agreed as follows: The Owner hereby retains the Engineer for all engineering services re- quired in connection with the replacement of trickling filter media, filter tank wall repairs and improvements to grit chamber at the wastewater treatment plant . The services performed by the Engineer in connection with the proposed improvements shall be as follows: I . Prepare plans and specifications II . Prepare contract documents III . Conduct general and/or resident supervision of project IV. Prepare monthly progress reports and pay estimates and submit same to the Owner for payment 1- Page 3 of 9 Pages Agenda Item No. 1 II V. Prepare "As-Quilt" plans VI . Assist Owner in the final project acceptance process . II Item No. I - Preparing of detailed plans and specifications shall include: a) Establishing the scope of any soil and foundation investigations which may be required and making the necessary arrangements to obtain the necessary services . b) Surveys, preliminary design and layout of the improvements. c) Preparation of detailed plans. d) Preparation of project quantities and cost estimates . e) Furnish to the Owner all necessary copies of approved plans , specifi- cations, notices to bidders and proposal forms . Item No. II - Prepare Contract Documents shall include: a) Preparation of the Contracts and specifications . b) Assistance in the advertisement of the project for bids. c) Assistance in the opening, tabulation and analysis of the bids re- ceived and recommendations as to the appropriate action to be taken. d) Assistance in the preparation of formal contract documents for con- struction contracts. Item No. III - Conduct general and/or resident supervision of project shall include: a) Making periodic visits to the various sites (as distinguished from the continuous services of a resident Project Representative) to observe the executed work and to determine in general if the work is proceeding in accordance with the contract documents. In carrying out this function, it is understood that the Engineer does not guarantee the contractor' s performance, nor is he responsible for supervision of the contractor's operation and employees . b) Consulting and advising with the Owner and preparing routine change orders as required. c) Reviewing shop and working drawings and design mixes furnished by contractors for compliance with design concept and with information given in contract documents (contractor is responsible for dimensions to be confirmed and correlated at job site) . 2- Page 4 of 9 Pages Agenda Item No. d) Preparation of monthly and final estimates for payments to contrac- tors , and furnishing any necessary certifications as to payments to contractors and suppliers. e) Performing, in company with the representative of the Owner, a final inspection of the project . f) Revision of construction drawings, with the assistance of the resi- dent Project Representative, to reflect any revisions included in construction records . g) Furnish Owner with three (3) sets of construction drawings. Item No. IV - Prepare "As-Built" plans shall include: a) Updating plans to show any changes during construction. b) Furnish Owner with three (3) sets of "As-Built" prints and one (1) set of reproducible tracings. III For the basic services performed under Section II of this agreement, the compensation to the Engineer shall be expressed as a percent of the cost of construction for which preparation of plans and specifications are authorized and shall be ten and one-half ( 10.5%) percent, and not to exceed $10,500.00. Upon completion of the services as set out in Section II of this agree- ment, eighty (80%) percent of the total basic charge shall be due and payable. The remaining twenty (20%) percent shall be paid during construction in pro- portion to the Contractor' s earnings. For special services such as court litigation and other miscellaneous services not outlined in Section II , the Engineer shall be compensated on the basis of the Schedule shown in Section IV. Statements for services in this category shall be rendered monthly and payment shall be due not less than thirty (30) days after submission of a statement. 3- Page 5 of 9 Pages Agenda Item No. IV The charge provided herein shall not include property, boundary, and right-of-way survey, shop, mill , field or laboratory inspection of materials; cost of inspection borings or other subsurface explorations; copies of "As- Built" plans and specifications in excess of three (3) ; calculations of special assessments; the services of a resident Project Representative for continuous on-the-site observance of the work; or the furnishing of construction line and grade surveys. If the Owner elects to have the Engineer furnish services of a resident Project Representative for continuous on-the-site observance of the work or the furnishing of construction line and grade surveys , the Engineer will furnish this service at the following schedule of rates: SURVEY PERSONNEL Four-Man Survey Party 70.00 per hour Three-Man Survey Party 58.00 per hour Land Surveyor 24.00 per hour CONSTRUCTION INSPECTION Resident Engineer 30.00 per hour Resident Inspector 18.00 per hour ENGINEERING AND GENERAL SUPERVISOR Principal or Officer of Firm $ 45.00 per hour Project Engineer 36.00 per hour Senior Draftsman 17.50 per hour Junior Draftsman 12.00 per hour Direct expenses and subcontract costs incurred shall be reimbursed at actual cost. If during preparation of the plans and specifications, or thereafter, the Engineer shall be required to render additional services because of changes or delays, or other causes beyond his control , then the Engineer shall be com- pensated for such additional services on the basis of the schedule set out in Section IV. 4- Page 6 of 9 Pages Agenda Item No. V It is understood and agreed that the Owner shall have complete control of the services to be rendered and that no work shall be done under this contract until the Engineer is instructed in writing to proceed with the work . At the time written instructions are given to the Engineer to proceed, evidence shall be furnished that funds are available to pay for the services rendered . It is also understood that the Engineer will not supply a resident Project Representative for continuous on-the-site observance of the work or furnish construction line and grade surveys unless instructed in writing to do so. VI Any provision in this contract notwithstanding, it is specifically under- stood and agreed that the Engineer shall not authorize or undertake any work pursuant to this contract, which work would require the payment of any charge, expense or reimbursement in addition to the charge stipulated in Section III , without having first had and obtained specific written authority therefore. VII This contract shall not be assignable in whole or in part without the consent of the Owner. VIII All payments for services rendered by the Engineer that have not been paid within sixty (60) days after becoming due shall thereafter accrue interest at the rate of eighteen (18%) percent per annum. 5- Page 7 of 9 Pages Agenda Item No. IX In connection with all the work outlined or contemplated above, it is agreed that the Owner or the Engineer may cancel or terminate this contract . Upon thirty (30) days written notice of such cancellation from either party to the other, all work and labor being performed under this contract shall imme- diately cease, pending final cancellation at the end of such thirty day period, and further provided that the Engineer shall be compensated in accordance with the terms of this agreement for all work accomplished by him prior to the re- ceipt of notice of such termination. X The City of Wichita Falls or any of its duly authorized representatives shall have access to any books, documents , papers and records of the Engineer which are directly pertinent to this project for the purpose of making accurate examination, excerpts and transcription. XI The Engineer shall have access to any existing City plats and records in the possession of the Owner that will be of benefit in the preparation of the plans and specifications . 6- Page 8 of 9 Pages Agenda Item No. IN WITNESS HEREOF, the City of Wichita Falls, Texas has caused this con- tract to be executed by its City Manager and attested by its City Clerk and the official seal of the City affixed hereto, and Biggs & Mathews , Inc. , Consulting Engineers , has caused this contract to be executed by its President and its Secretary, with all such executions being in quadruplicate, each of which shall constitute an original , and all of which has been done as of the date here above first written. APPROVED AS TO FORM: BY City Attorney CITY OF WICHITA FALLS By City Manager ATTEST: City Clerk BIGGS & MATHEWS, INC. CONSULTING ENGINEERS BY J. . Biggs , Jr. , P.E . , President Registered Professional Engineer No. 16101 ATTEST: Secretary 7- Page 9 of 9 Pages Agenda Item No.