Res 1742 12/2/1975RESOLUTION NO. /7
RESOLUTION APPROVING CONTRACT WITH BIGGS &
MATHEWS , INC. FOR ENGINEERING SERVICES ON
SANITARY SEWER FACILITIES TO SERVE LOCKWOOD
COMPANY INDUSTRIAL PLANT.
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. ,
consulting engineers , for engineering services required in
connection with construction of sanitary sewer line facilities
and sewerage lift station to serve the Lockwood Company Industrial
Plant north of Wichita Falls , is hereby approved, and the
City Manager is authorized to execute the same for the
City of Wichita Falls.
PASSED AND APPROVED this the 18th day of November, 1975.
J
O R
F 0T
ATTEST :
A ),"'
CITY CL RK
STATE OF TEXAS
COUNTY OF WICHITA
This Contract , made and entered into as of the day of
November, 1975 , by and between the City of Wichita Falls , Wichita County,
Texas (hereinafter called "Owner" ) and the firm of Biggs & Mathews ; Inc. ,
Consulting Engineers , Wichita Falls , Texas (hereinafter called
Engineer" )
WITNESSETH:
WHEREAS , sanitary sewer line facilities and a sewerage lift
station to serve the Lockwood Company Industrial Plant north
of the City of Wichita Falls , Texas is proposed; 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 :
I .
The Owner hereby retains the Engineer for all engineering
services required in connection with construction of the sanitary
sewer line and lift station.
The services performed by the Engineer in connection with
proposed improvements shall be divided into three phases , as follows :
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Phase 1 - Preliminary study and design necessary to outline
those improvements required.
Phase 2 - Preparation of detailed plans and specifications
for improvements included under Phase 1.
Phase 3 - General administration of construction of
improvements included under Phase 2 .
Phase 1 - Preliminary study and design - shall include :
a) Participation in preliminary conferences with the
Owner regarding the proposed project ;
b) Preparation of preliminary engineering layouts ,
sketches and reports required to define needed improvements ;
c) Preparation of preliminary cost estimates of proposed
construction and participation in conferences with the
Owner' s staff and others having an interest or
responsibility with regard to the proposed project.
Phase 2 - Preparation of detailed plans and specifications -
shall include :
a) Establishing the scope of any soil and foundation investi-
gations which may be required and assisting in making the
necessary arrangements to be conducted for the Owner' s
account ;
b) Surveys, preliminary design and layout of the improvements ;
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c) Furnishing the engineering data necessary for
applications for routine permits by local , state and
federal authorities ;
d) Preparation of detailed plans , specifications and
contract documents for the improvements ;
e) Preparation of project quantities and cost estimates ;
f) Furnish to the Owner all necesary copies of approved
plans , specifications , notices to bidders and proposal
forms.
Phase 3 - General administration of construction - shall include:
a) Assistance in the advertisement of the project for
bids ;
b) Assistance in the opening, tabulation and analysis
of the bids received and recommendations as to the
appropriate action to be taken;
c) Assistance in the preparation of formal contract
documents for construction contracts ;
d) Making periodic visits to the site (as distinguished
from the continuaus 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 ;
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e) Consulting and advising with the Owner and preparing
routine change orders as required;
f) Reviewing shop and working drawings 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) ;
g) Preparation of monthly and final estimates for payments
to contractors , and furnishing any necessary certifications
as to payments to contractors and suppliers ;
h) Performing, in company with the representative of
the Owner, a final inspection of the project ;
i) Revision of construction drawings , with the assistance
of the resident Project Representative , to reflect any
revisions included in construction records .
j ) Furnish Owner with one (1) reproducible set of "As Built"
construction drawings on Mylar Sepia Film and two (2)
sets of prints .
II .
For the basic services performed under Section I 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 at one time and shall
be 8 . 0 percent of the construction cost.
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Cost of construction, as used herein, shall not include the
cost of legal or engineering services , the cost of land,
rights-of-way or administrative expense ; but does include the
direct cost of all construction contracts , including labor,
materials and equipment required for the completed work and
the total value at site of project , of all labor, materials and
equipment purchased or furnished directly by the City for the
project.
Upon completion of detailed plans and specifications , and/or
the required review, eighty percent (80%) of the total basic charge
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 . 25 ; 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 payment shall be due not less than thirty (30)
days after submission of a statement.
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III.
The charge provided herein shall not include property,
boundary, and right-of-way surveys , shop, mill , field or
laboratory inspection of materials ; cost of test borings and
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
actual salary cost of personnel thus engaged 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, 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 actual salary cost of such
additional services times a multiplier of 2 . 25 , with direct expense
reimbursed at actual cost times a multiplier of 1.10 .
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IV ,
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 required.
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.
V.
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
therefor.
VI .
This contract shall not be assignable in whole or in
part without the consent of the Owner.
VII.
All payments for services rendered by the Engineer shall
become due and payable within thirty (30) days after submission
of a statement by the Engineer.
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VIII.
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
to the other, with the provision and understanding that immediately
upon receipt of 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.
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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 Biggs & Mathews , Inc. , Consulting Engineers ,
has caused this contract to be executed by its President and its
Vice President , with all such executions being in triplicate , each of
which shall constitute and original , and all of which has been done
as of the date here above first written.
CITY OF WICHITA FALLS
By
City Manager
ATTEST:
City Clerk
BIGGS & MATHEWS , INC.
Consulting Engineers•
By ttom P E•
J. . Biggs , r. , P.E. , President
Registered Professional Engineer
ATT T: No. 16101
Vice President
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