Res 2570 7/1/1980RESOLUTION NO. ,AP-*
RESOLUTION APPROVING CONTRACT WITH BIGGS &
MATHEWS, INC. , FOR ENGINEERING SERVICES FOR
SANITARY SEWER LINES.
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 the performance of engineering services for the design
and construction of certain sanitary sewer lines, is hereby
approved, and the City Manager is authorized to execute the
same for the City of Wichita Falls.
PASSED AND APPROVED this the 1st day of July, 1980.
M A Y O R
ATTEST:
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City C erk
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STATE OF TEXAS
COUNTY OF WICHITA
This contract, made and entered into as of the day of 1980,
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 sanitary sewer line construction in the City of Wichita Falls North of
the Wichita River, sanitary sewer line relocation in the Southmoor Addition and
sanitary sewer line construction on Barnett Road , 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 all engineering services required
in connection with the sanitary sewer line construction. 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:
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IV. Prepare monthly progress reports and pay estimates and submit same to
the Owner for payment;
V. Prepare "As-Built" 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, specifica-
tions , 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
received and recommendations as to the appropriate action to be taken;
d) Assistance in the preparation of formal contract documents for
construction 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
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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) ;
d) Preparation of monthly and final estimates for payments to contractors ,
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 resident
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.
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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 nine percent (9%) .
Upon completion of the services as set out in. Section I : of this Agreement,
eighty percent (80%) of the total basic charge shall be due and aavable. The
remaining twenty percent (20%) shall be paid during construction in proportion 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 .
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 3 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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SURVEY PERSONNEL
Four man survey party 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
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. 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.
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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
rate of eighteen percent ( l8%) 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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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 City Attorney
Consulting Engineers
BY wy '
3. Tqs , Jr . , P.E ., president
Registered Professional Engineer No. 16101
ATTEST .
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