Res 2728 2/3/1981RESOLUTION NO . 0 7 d
RESOLUTION APPROVING CONTRACT WITH BRANNON
ENGINEERING, INC . CONSULTING ENGINEERS FOR
ENGINEERING SERVICES CONCERNING SANITARY
LANDFILL ACCESS ROAD AND WATER SUPPLY SYSTEM.
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 Brannon Engineering, Inc .
for engineering services in connection with the Sanitary
Landfill Road and Water Supply System, is hereby approved,
and the City Manager is authorized to execute the same for the
City of Wichita Falls.
y
PASSED AND APPROVED this the day of -ig
1981 .
M A Y O R
ATTEST :
City Clerk
Page of Pages
Agenda Item No.
STATE OF TEXAS
COUNTY OF WICHITA
This agreement made and entered into the //C f;,day
of r r;1981 by and between the City of
Wichita Falls / Wichita County , Texas , hereinafter called
the "Owner" , and the firm of Brannon Engineering , Inc. ,
Wichita Falls , Texas , hereinafter called "Engineer".
WHEREAS , the Owner intends to construct a road and
water supply system from State Highway 258 North to proposed
Sanitary Landfill Site , and the Engineer agrees to perform
the professional engineering services required by the Owner.
THEREFORE, the Owner and Engineer in consideration of
their mutual covenants herein agree in respect of the
performance of professional engineering services by Engineer
and the payment for those services by Owner , as set forth
below.
I.
The Owner hereby retains the Engineer for all engineer-
ing services required in the construction of the proposed
road and water supply system.
II .
The Engineer shall perform the following professional
services necessary for the construction of the proposed
road and water supply system as follows :
A. Preliminary Phase
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1 ) Attend preliminary conferences with the Owner
regarding the proposed road and water supply
system.
B. Design Phase
1 ) Establish the scope , and advise the Owner, of
any soil and foundation investigations on any
special surveys or special testing which, in the
opinion of the Engineer, may be required for the
proper execution of the project; and arrange with
the Owner for the conduct of such investigations
and tests at the Owners expense .
2) Furnish to the Owner engineering data necessary
for applications for routine permits by local ,
state , and federal authorities.
3) Perform field surveys to collect information
which, in the opinion of the Engineer, is re-
quired in the design of the project.
4) Prepare detailed plans, specifications , and
contract documents for project.
5) Prepare cost estimates and project quantities .
6) Furnish to the Owner all necessary copies of
approved contract documents including notices
to bidders and proposals .
C . Construction Phase
1 ) Assist the Owner in the advertisement of the
project for bids .
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2) Assist the Owner, in the opening and tabulation
of bids for construction of the project, and
recommend to the Owner as to the proper action
on all proposals received.
3) Assist in the preparation of formal contract
documents for construction contracts.
4) Make periodic visits to the site ( as destinguished
from the continuous services of a resident Project
Representative ) to observe the progress and
quality of the executed work and to determine in
general if the work is proceeding in accordance
with contract documents. In performing this
service , the Engineer will not be required to
make exhaustive or continuous on-site inspections
to check the quality or quantity of the work or
material ; he will not be responsible for the
techniques and sequences of construction or the
safety precautions incident hereto, and he will
not be responsible or liable in any degree for
the contractor ' s failure to perform the construction
work in accordance with the contract documents .
5) Consult and advise with the Owner and prepare
routine change orders as required .
6) Prepare or review monthly and final estimates for
Owner's payments to contractors .
7) Conduct, in company with the Owner, a final
inspection of the project.
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8) Revise contract drawings, with assistance of
the resident Project' Representative , to provide
record drawings of the completed project, and
furnish one ( 1 ) reproducible set of construction
drawings to the Owner.
III .
For the services performed under the Preliminary
Phase, the compensation to the Engineer shall be a
maximum of $500.
For the services performed under the Design Phase and
Construction Phase , the compensation to the Engineer shall
be expressed as a percent of the total cost of all constuction
for which preparation of plans and specifications are
authorized at one time and shall be determined using the fee
schedule provided in the General Engineering Services
Manual published in 1972 by the Consulting Engineers Council
of Texas and the Texas Society of Professional Engineers .
Curve "B" shall apply to the project.
Upon completion of detailed plans and specifications,
eighty percent ( 80%) of the total fee shall be due and
payable . The remaining twenty percent ( 20%) shall be paid
during construction in proportion to the Contractor's
earning.
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 actual
salary cost times a multiplier of 2 . 00; direct expenses
and subcontract costs incurred shall be reimbursed at
actual cost times a multiplier of 1 .10. Statements for
services in this category shall be rendered monthly and
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and payment shall be due mat less than thirty ( 30) days
after submission of statement .
IV.
The compensation provided herein shall not include
field surveys to collect information required for design;
services of a resident Project Representative for on-the-
site observation of construction; land surveys; right-of-
way surveys; preparation of property or easement descriptions;
appearance before regulatory agencies; soil and foundation
investigations; mill, shop, and/or laboratory inspection of
materials or equipment; calculations of special assessments;
or the furnishing of construction line and grade surveys .
If the Owner elects to have Engineer furnish services
of a resident Project Representative for continious on-the-
site observation of construction or the furnishing of
construction line and grade surveys , the Engineer will
furnish this service at the actual salary cost times a
multiplier of 1 .75 ; direct expenses and subcontract cost
incurred shall be reimbursed at actual cost times a multiplier
of 1 .10.
If 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 compensated
for such additional services on the basis of actual salary
cost of such additional services times a multiplier of 2 . 00,
with direct expense reimbursed at actual cost times a
multiplier of 1 . 10.
V.
Either party to this Agreement may terminate the
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Agreement by giving the other thirty ( 30) days notice in
writing. Upon delivery of such notice by the Owner to the
Engineer, the Engineer shall discontinue all services in
connection with the performance of this Agreement and shall
proceed to cancel promptly all existing orders and contracts
insofar as such orders or contracts are chargeable to this
Agreement. As soon as practicable after receipt of notice
of termination, the Engineer shall submit a statement,
showing the services performed under this Agreement to the
date of termination. The Owner shall then pay the Engineer
promptly that proportion of the prescribed charges which the
services actually performed under this Agreement bear to the
total services called for under this Agreement, less such
payments on account of the charges as have been previously
made .
IN WITNESS HEREOF , the City of Wichita Falls, Texas has
caused this agreement to be executed by its City Manager and
attested by its City Clerk, and Brannon Engineering, Inc . ,
has caused this agreement to be executed by its President
and its Secretary, with all such executions being in
quadruplicate , and each of which shall constitute an
original.
Approve:1 r_r> to Form CITY O F WICHITA FALLS
City Attoiney 74-.
Manager.
ATTEST:
zlL9
City Clerk
ATTEST BRANNON ENGINEERING , INC .
Secretary Michael D. Brannon, P.E. , President
Registered Professional Engineer
No . 39769
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