Res 2276 1/16/1979RESOLUTION NO. . 76
RESOLUTION APPROVING AGREEMENT WITH HENNINGSON,
DURHAM & RICHARDSON, INC. OF TEXAS FOR
ENGINEERING SERVICES FOR SANITARY LANDFILL
STUDY.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
That certain agreement, a copy of which is attached
hereto, between the City of Wichita Falls and Henningson,
Durham & Richardson, Inc. of Texas, under which such consult-
ing engineering firm shall furnish engineering services with
regard to a sanitary landfill study and site selection, is
hereby approved, and the City Manager is authorized to
execute the same for the City of Wichita Falls.
PASSED AND APPROVED this the 16th day of January, 1979.
M A Y O R
ATTEST:
City Clerk
AGREEMENT FOR ENGINEERING SERVICES
STATE OF TEXAS
COUNTY OF WICHITA
THIS AGREEMENT made, entered into and executed this the day of
1978 by and between the CITY OF WICHITA FALLS, hereinafter
called the "Owner", acting herein, by and through its Officials, who are duly
authorized so to act for and in behalf of said Owner, and HENNINGSON, DURHAM
F, RICHARDSON, INC. OF TEXAS, of Dallas, Texas, hereinafter called the
Engineer", acting herein, by and through its officers, who are duly au-
thorized so to act for and in behalf of said Engineer.
WITNESSETH, that whereas the Owner intends to develop and construct sanitary
landfill facilities, hereinafter called the "Project".
NOW, THEREFORE, the Owner and the Engineer, in consideration of the
mutual covenants and agreements herein contained, do mutually agree
as follows:
SECTION I - EMPLOYMENT OF ENGINEER
The Owner agrees to employ the Engineer, and the Engineer' agrees to
perform professional engineering services in connection with the Project
as stated in the sections to follow, and for having rendered such ser-
vices, the Owner agrees to pay to the Engineer compensation as stated .
in the sections to follow.
SECTION II - WORK ORDERS
The total of all work to be performed under this Agreement shall be
divided by the Owner and shall be authorized by the Owner in writing
to the Engineer in the form of Work Orders. such York Orders shall
be serially numbered and dated, shall set forth in reasonable detail
the scope and limitation. of the engineering services described by
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the Owner thereunder, and shall si,o', the fee basis , source of funding, .
invoicing procedures, approximate total amount of engineering fee,
and approximate date of completion of the scrv,ces nuthori cd. Where
applicable, Work Orders shall show the estimated cost of the construe
tion work for which engineering services arc being authorized.
The Engineer shall acknowledge receipt and acceptance of each Work
Order in writing or reject same, stating the reasons therefor. No
commitment shall have been made by the Owner, and the Engineer is
under no obligation to commence the work, until such a Work Order has
been made by the Owner and .accepted by the Engineer, both in writing.
SECTION III - CHARACTER AND EXTENT OF SERVICES
The Engineer shall render the following professional services necessary
for the development of the Project.
A. Preliminary Phase:
1. Attend preliminary conferences with the Owner regarding
the project;
2. Obtain and review available Wichita Falls, Iowa Park and
Burkburnett records of solid waste disposal operations cur-
rently being conducted for municipal and industrial solid
waste to determine the current incoming volume of waste.
3. From population projections furnished by the respective
Cities, calculate the expected volume of solid waste to be
received at a solid waste facility over the next twenty (20)
year period.
4. From the Engineer's experience, evaluate recent and continuing
technological developments for using solid waste as an energy
source and determine their applicability to this area.
5. Determine site capacity requirements to provide a twenty (20)
year site life.
6. Furnish to the Owner, as the Owner may direct, sufficient
copies of the preliminary studies and report.
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B. Site [valuation :
1. Perform preliminary engineering studies and prepare necessary
solid waste technical data to enable the Owner to evaluate
various sites.
2. Prepare necessary cost data to enable the Owner to evaluate
the sites from an economic viewpoint.
3. Assist the Owner in selecting a site for development.
C. Site Development:
For the Site selected by the Owner for development, the Engineer
shall :
1. Arrange for and assist in evaluation of any soil borings taken,
and review the results to determine the classification of
the type and depth of each soil strata and the depth of the
water table.
2. Analyze the surface and subsurface survey data of the site,
prepare a rough final use plan for the site, and calculate the
waste capacity of the site.
3. Prepare a site development plan showing proposed site entrance,
permanent and temporary on-site roadways, scale house location
and utility requirements.
4. Prepare an operational plan showing soil cover requirements
and facilities required for proper litter control, site screen-
ing, water pollution control, and erosion control.
S. Prepare the necessary applications to the Texas Department of
Health along with necessary support information.
6. Attend the necessary public hearings and testify on behalf of
the Owner concerning the proposed site and associated engineering
data.
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7 . Assist in the preparation of a draft
copy of a contractual agreement between
the Cities of Wichita Falls, Burkburnett
and Iowa Park and Wichita County. Such
agreement shall outline the participation
of each entity entering into the project
regarding:
a. Site selection and evaluation
Consulting Engineering cost.
b. Ownership of the disposal facilities.
c. Development of the site to meet
all permit requirements.
d. Procedure for establishing and
distributing the annual operating
cost.
e. Method of final disposition of
completed site.
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SECTION IV - ?F.RIOi) Of SERVICE
The services called for in Section IlI-A (Preliminary Phase) of this
agreement shall be completed and the report submitted within the
earliest reasonable period following- the receipt by the Engineer of
notice to proceed.
Upon written authorization from the Owner, the Engineer will proceed with
the performance of the services called for in Section III-B (Site Evalua-
tion) such complete the site selection procedures in a timely manner.
After the site has been selected and upon written authorization by the
Owner, the Engineer will proceed with the performance of the services
called for in Section III-C (Site Development) .
SECTION V - CCORD WT ION WITH THE O1c A
The Engineer shall . hold periodic conferences with tic Owner, or his
representatives, to the end that the Project, as perfected, shall have
full benefit of the Owner's experience and knowledge of existing needs
and 'facilities and to be consistent with his current policies and
construction• standards. To implement this coordination,- the Owner
shall make available to the Engineer cs4 44. ,
the eelr3- all existing plans, maps, field notes, statistics, com-
putations and other data in his possession relative to existing facilities
and to the Project, and the furnishing by the Owner of any such infor-
mation shall constitute its •warranty as to the accuracy thereof.
SECTION VI - BASIS OF COi`MP.ENSATION
For and in consideration of the services to be rendered by the Engineer,
the Owner shall pay, and the Engineer shall receive, the fees herein-
after set forth for each of the Phases of the work.
Salary Cost" is defined as the cost of salaries of engineers, drafts-
men, stenographers, surveymen, clerks, laborers, etc. , for time directly
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chargeable to the project , plus social security contributions, uncmploy-
ment excise and payroll taxes, unemployment coIpensaCion insurance, re-
tirement benefits, medical and insurance benefits, sick leave, vacation
and holiday pay applicable thereto.
Subcontract Expense" is that incurred by the Engineer in employment of
consultants in specialized fields and outside firms for services in the
nature of foundation borings and testing, aerial photography, surveying
and similar services.
Direct Non-Labor Expense" for any assignment is that incurred by the
Engineer for supplies, transportation, equipment, travel, communications,
subsistence and lodging away from home, and similar incidentals in con-
nection with that assignment.
A. Preliminary Phase:
Payment for services in the Preliminary Phase shall be on a
monthly billing basis for either a lump sum amount or a per
diem rate of salary cost of personnel times a multiplier of 2.5,
with reimbursement for direct non-labor and subcontract expenses at
invoice cost plus twenty percent (20%) service charge. The Work.
Order shall specify the payment basis.
B. •Site Evaluation Phase:
Payment for services in the Site Evaluation Phase shall be on a
monthly billing basis for either a lump sum amount or a per
diem rate of salary cost of personnel times a multiplier of 2.5,
with-reimbursement for direct non-labor and subcontract expenses at
invoice cost plus twenty percent (20°) service charge. The Work
Order shall specify the payment basis.
C. Site Development Phase:
Payment for services in the Site Development- Phase shall be on a
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monthly (billing basis for either a. lump sum aniount or •a per
diem rate of salary cost of personnel tines a multiplier of '.5,
with reimbursement for direct non-labor and subcontract expenses at
invoice cost plus twenty percent (20 ) service charge. The Work
Order shall specify the payment basis.
Additional Services and Charges (Not included in Basic Services
and Basic Charges) :
Additional services to be performed by the Engineer, if authorized
by the Owner, which arc not included in the above described Phases,
and their basis of charges are described as follows:
1. Additional Services
a. Field surveys and other field investigations;
b. Field layouts, and services of resident Project
Representative during construction;
c. Investigations involving detailed consideration of
operation, maintenance and overhead expenses; and
the preparation of rate schedules, earning and
expense statements, feasibility studies, appraisals,
valuations, assessment schedules, and material audits
or inventories required for certification of force
account construction performed by Owner;
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d. Making necessary land surveys, 'establishing boundaries
and monuments, and preparing deed, right-of-way and
easement descriptions;
e. Preparation of applications and supporting documents
for Federal aid programs and State assistance and
permits not noted in the basic services;
f. Preparation of any required operation and maintenance
manual or environmental impact assessments or state-
ments; or performing operator training.
2. Basis of Charges
At a per diem rate of personnel salary cost times a multiplier
of 2.5, with reimbursement for direct non-labor expense and
subcontract expense at invoice cost plus a twenty percent
20%) service charge.
E. Interest on Delayed Payments :
Any payments, not in dispute, not made within sixty (60) days on
statements rendered in accordance with the above provisions shall
be subject to a charge for interest at the rate of ten percent (10%)
per annum, beginning sixty (60) days from the date of the statement.
F. Services Not Included:
The Engineer's services will not include the sampling and testing of
materials, such as soils, concrete, reinforcing steel, sewage
samples, etc. , as this is a service rendered by commercial testing
laboratories; however, the Engineer will recoir,mend the type and
number of such tests to the Owner and recommend testing agencies to
perform this function. The Engineer will assist in planning soil
borings, foundation investigations, and samples and tests as may
be required and in arranging for such services to be performed
on behalf of the Owner.
G. The basic charges payable to Engineer as set out in
Paragraphs A, B and C of this Section VI shall in no event
exceed the sum of $25,000.
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SECTION VII - OWNERSHIP OF DOCMi;N1S
Original documents, plans, designs and survey notes developed in connection
with services performed hereunder belong to, and remain the property of the
Owner, in consideration of which it is mutually agreed that the Owner will
use them solely in connection with the Project, save with the express con-
sent of the Engineer. The Engineer may retain reproducible copies of such
documents.
SECTION VIII TERMINATION
The Owner may terminate this agreement at any time by a notice in writing
to• the Engineer. Upon receipt of such notice, the Engineer shall, unless
the notice directs otherwise, immediately 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 state- -
ment showing in detail the actual services perform,_'d under this agreement
to the date of termination. The Uner shall then pay the Engineer promptly
that proportion of the prescribed fee for which the reasonable value
quantum) of the services actually performed under this agreement bear to
the reasonable value of the total services called for under this agreement,
less such payments on account of the fees as have been previously made.
Copies •of all completed or partially completed designs, plans and specifi-
cations prepared under this agreement shall be delivered to the Owner when
and if this agreement is terminated, but subject to the restrictions as to
their use, as set forth above.
SECTION IX- SUCCESSORS AND ASSIGNAMENTS
The Owner and the Engineer each binds himself and his successors, executors,
administrators and assigns to the other party of this agreement and to the
successors, executors, administrators and assigns of such other party, in
respect to all covenants of this agreement; except as above, neither the
Owner nor the Engineer shall assign, sublet or transfer his interest in
this agreement without the written consent of the other. Nothing herein
shall be construed as creating any personal liability on the part of any
officer or agent of the Owner.
IN TESTIMONY OF 1'HICIl this instrument has been executed on behalf of
the above named Engineer and has been executed on behalf of the Owner
in six (6) counterparts each of equal force, on the day and year first
above written. 9-
Owner""
1.1'Y OF 1i ICUITA FALLS, TEXAS
By
Attest
Date
Engineer"
HENNINGSON, DURHAM f, RICHARDSON, INC.
OF TEXAS
By
Robert L. Hogan, P.E.
Executive Vice President
Attest
Date
Approved as to form:
Attorney for the Owner
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