Res 1331 8/15/1972RESOLUTION NO. /..3/
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, as first party, and
Biggs and Mathews, Consulting Engineers, as second party, providing
for engineering services as spelled out in attached contract, for
sanitary sewer extension to Arrowhead Industrial District is
hereby approved, and the City Manager is authorized to execute
the same for the City.
PASSED AND APPROVED THIS THE 15th day of August
1972.
MAYOR
ATTEST:
City Clerk
STATE OF TEXAS
COUNTY OF WICHITA
This Contract, made and entered into as of the 14th day of
July, 1972, by and between the City of Wichita Falls (hereinafter
called "Owner") and the firm of Biggs & Mathews, Inc. , Consulting
Engineers, Wichita Falls, Texas (hereinafter called "Engineer")
WITNESSETH:
WHEREAS, a new sewer line and pumping station is proposed to
the Arrowhead Industrial District in the northern part of Wichita
Falls, Texas; and
WHEREAS, the Firm of Biggs & Mathews, Inc. is acceptable to
the Owner and is willing to enter into a contract to perform engineer-
ing 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 sewer line
and pumping station.
II .
The services performed by the Engineer in connection with
proposed improvements shall be divided into three phases, as follows:
Phase 1 - Preliminary study and design necessary to outline
those improvements required.
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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 fiscal
advisors and others having an interest or responsibility with
regard to the proposed project.
Phase 2 - Preparation of detailed plans and specifications - shall include:
a) Surveys, preliminary design and layout of the improvements;
b) Furnishing the engineering data necessary for applications for
routine permits by local , state and federal authorities;
c) Preparation of detailed plans, specifications and contract
documents for the improvements;
d) Preparation of project quantities and cost estimates.
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;
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c) Assistance in the preparation of formal contract documents
for construction contracts;
d) Making periodic visits to the site (as distinguished from the
continuous services of a resident Project Representative) to •
observe the executed work and to determine in general if the
work is proceeding in accordanace 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;
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.
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III.
For the basic services performed under Section II of this agree-
ment, the compensation to the Engineer shall be eight (8%) percent of
the cost of construction for which preparation of .plans and specifica-
tions are authorized at one time.
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
contracting agency for the project.
Upon completion of detailed plans and specifications, and/or the
required review by the Owner, eighty percent (80%) of the total basic
charge shall be due and payable. The remaining twenty percent (20%)
shall be paid after the construction work is completed and accepted by
the Owner.
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 cate-
gory shall be rendered monthly and payment shall be due not less than
thirty (30) days after submission of a statement.
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IV.
The charge provided herein shall not include property, boundary,
and right-of-way surveys; shop, mill , field or laboratory inspection pf
materials; cost of test borings and other subsurface explorations; copies
of "As Built" plans and specifications in excess of five (5) ; 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.
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 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-furni-&h—construction•4l-ae-and grade-su+rveys unless instructed
in writing to do so.
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 stipu-
lated in Section III , without having first had and obtained specific
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Written authority therefor.
VII .
This contract shall not be assignable in whole or in part without
the consent of the Owner.
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 has caused these
presents to be executed by its authorized representatives, and witness the
execution hereof by Biggs & Mathews, Inc. , Consulting Engineers, through
J. E. Biggs, Jr., P.E. , President.
THE CITY OF WICHITA FALLS
ATTEST: By
C:2) p--60.0'00q)4)
Ger l d G. Fox
City'anager
City Se€y
BIGGS & MATHEWS, INC.
Consulting Engineers
APPROVED AS TO FORM:
By e:;el ^
s
E. Biggs, . , P.E.
9 President
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