Res 2788 5/19/1981RESOLUTION NO. o7 7 e g
RESOLUTION APPROVING CONTRACT WITH BIGGS & MATHEWS,
INC. , CONSULTING ENGINEERS FOR ENGINEERING SERVICES
ON THE REHABILITATION OF LAKE KICKAPOO DAM AND
APPURTENANCES
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 Biggs & Mathews, Inc. for
engineering services in connection with the rehabilitation of
Lake Kickapoo dam and appurtenances, is hereby approved, and
the City Manager is authorized to execute the same for the
City of Wichita Falls.
PASSED AND APPROVED THIS THE 19th day of May, 1981.
VA>1-1,
MAYOR 'ro tern
ATTEST:
I-a/7X ga,
CIT CLERK
Page 2 of 8 Pages
Agenda Item No.
STATE OF TEXAS
COUNTY OF WICHITA <>
This contract, made and entered into as of the day of 1981,
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")
WITdESSETH:
WHEREAS, the Owner will require engineering studies, construction plans and
specifications for various repairs to the Lake Kickapoo dam, spillway and outlet
works in Archer County, Texas, and
WHEREAS, the firm of Biggs & Mathews, Inc . , is acceptable to the Owner and
is willing to enter into a contract to perform engineering services required by
the Owner:
NOW THEREFORE, it is agreed as follows :
The Owner hereby retains the Engineer for the engineering services required
in connection with the various repairs and studies for Lake Kickapoo. The
services performed by the Engineer in connection with the proposed improvements
shall be as follows:
I . Prepare studies and reports
II . Prepare plans and specifications
III . Prepare contract documents
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Page 3 of 8 Pages
Agenda Item No.
II
Item No. I - Preparing of studies and reports shall include:
a) Preparing flood routing studies of 100 year flood with respect to
present spillway capacity.
b) Checking probable maximum flood studies prepared by the Texas
Department of Water Resources for Lake Kickapoo.
Item No. II - 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 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, specifica-
tions , notices to bidders and proposal forms.
Item No. III - Prepare Contract Documents shall include:
a) Preparation of the Contracts and specifications;
b) Assistance in the advertisement of the project for bids;
Page 4 of 8 Pages
Agenda Item No.
III
For the basic services performed under Section II of this agreement, the
compensation to the Engineer shall not exceed seventeen thousand three hundred
dollars ($17,300.00) .
Upon completion of the services as set out in Section II of this Agreement,
the total basic charge shall be due and payable.
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.
IV
The charge provided herein shall not include property, boundary, and
right-of-way surveys, 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:
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Page 5 of 8 Pages
Agenda Item No.
SURVEY PERSONNEL
Four man survey party 5 53.00 per hour
Three man survey party 45.00 per hour
Land surveyor 24.00 per hour
CONSTRUCTION INSPECTION
Resident Engineer 27.00 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 15.00 per hour
Jr. Draftsman 10.00 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
4
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 the schedule set out in
Section IV.
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. The Engineer shall
complete the services set out in Section II on or before August 1, 1981, unless
additional time is allowed by the Owner.
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 .
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Page 6 of 8 Pages
Agenda Item No.
VI
Any provision in this contract notwithstanding, it is specifically understood
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 s
rate of eighteen percent (18%) per annum.
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 immediately 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 receipt 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
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Page 7 of 8 Pages
Agenda Item No.
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.
IN WITNESS HEREOF, the City of Wichita Falls, Texas, has caused this contract
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 .
CITY OF WICHITA FALLS
BY
City Manager
ATTEST: APPROVED AS TO FORM:
City Clerk ty Attorney
Consulting Engineers
BY
J E. Bigg , r. , P. ., 'resi.ent
Registered Professional Engineer No. 16101
ATTEST:
tary
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Page 8 of 8 Pages
Agenda Item No.