Loading...
Res 306 4/9/1957a I' RESOLUTION NUMBER 306 EHREAS, the City of Wichita Falls, together with the tis Wichita County Water Control And Improvement District No. 1 have had under consideration the desirability and necessity of providing an additional source of water supply for the City of Wichita Falls; V.1HE"REPS, the City of Wichita Fallas has heretofore em- ployed at its own cost and expense, the First Southwest In- vestment Company, a bonding firm to advise the City and the District with reference to the proposed financing of such water supply; WHEREAS, in order to proceed further it is necessary that both engineering and legal counsel be obtained; and, 1HEREAS, the Water District and the City have reached certain conclusions with reference to the procuring of an ad- ditional source of water supply•, NOR, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, as follows: 1. That the Board of Aldermen finds that the Ringgold Site is the most desirable location for the proposed new lake; 2. That the City of Wichita Falls ratifies and confirms the employment of First Southwest Investment Company as its financial advisor with reference to the finan- cing of the cost of additional water supply at such site; 3. That the engineering firm of Freese and Nichols, of Fort Worth, Texas, are acceptable to do the engi- neering in connection with such water supply; that their em- ployment' and pay is to be governed by a proposed contract of employment, a copy of which is attached hereto, the same to be executed either by the Water District or the City, depending 1 . upon which municipality does the actual construction of the lake; 4. That the law firm of McCall, Parkhurst Crowe, of Dallas, Texas, be employed for the purpose of taking care of the legal work necessary in connection with the construction of a new lake near Ringgold, Texas; said firm to be employed under the terms as set out in the Minutes of a Meeting of the Board of Directors ofthe Wichita County Water Control And Improvement District No. 1, at Wichita Falls, Texas, on April 2, A. D. 1957, at 7:00 otclock P.M. 5. That the City of Wichita Falls at this time does not assume any liability for the payment to either the law firm or the engineering firm of any fees or costs of any kind. 9 PASSED AND APPROVED this, the itth day of April, A. D. 1957. 1i4 AT , Mayor Proton Ge•. T. *enderson City Clerk Prepared by: / .1 alter Fri =erg City Attorney STATE OF TEXAS COUNTY OF WICHITA THIS CONTRACT entered into this day of P. D, 1957, by and between the herein called the Owner, acting by and through its duly author- ized who has heretofore been authorized to act by proper action of the administrative board of such agency, and FREESE AND NICHOLS, an engineering firm of Fort Worth, Texas, herein called the Engineer, W I T N E S S E T H: That in consideration of the covenants and agreements herein contained , the parties hereto do mutually agree as follows: 1. Employment of Engineer : The Owner hereby employs the Engineer and the Engineer agrees to perform all necessary professional services hereinafter set forth in connection with improvements to be made by the Owner and described as follows: Water Supply improvements , including dam, water supply lines, and water pump- ing facilities , herein called the Project. 2. Character and Extent of Services: The Engineer shall render all engineering services necessary in the develop- ment and construction of the project, which shall, include, but without limitation, the following: a) Preliminary Engineering Services : Make pre- liminary studies and a report for a reservoir on the Little Wichita River at dam site heretofore identified as the Ringgold Site, the most feasible site for the Project, together with recommending a filter site, whether the same be an enlargement of the present filter site in the City of Wichita Falls, or the selection of a new site and to determine the filter plant loca tion, together with the terminal storage necessary for an eco- nomical project; make such other preliminary investigations and studies , drawings, cost estimates, progress schedules, approxi- mate estimates of materials required , all in detail sufficient 1 to indicate clearly the scope of the project and make possible a reliable estimate of cost; prepare other preliminary reports, including a feasibility report and an engineering report for a bond prospectus with necessary estimates of operating revenues and expenses therefor; attend all necessary conferences; assist in the negotiation of any water sales contracts; prepare an appli- cation for a water permit with the State Board of Water Engineers and attend the necessary_ hearings In connection with such appli- cation; and prepare such other necessary forms, applications and requests as may be required by the Owner in connection with the Project. b) Negotiations in Connection with Conflicting Facilities The Engineer shall prepare estimates and assist the Owner in negotiaions 'with the State Highway Department, railway companies, oil companies, public utility companies, and such other agencies, companies, or individuals, who are the owners of facilities which are in cone'l ict with the project and which must be removed, modified or relocated. Except as may be specif- ically directed by the Owner , the Engineer shall not prepare de- signs for any alternate facilities, c ) Designs, Plans and Specifications : Make necessary field surveys; supervise the necessary borings and test pits and foundation explorations; prepare necessary working drawings, large scale and full scale drawings, and specifications; prepare forms of proposals; obtain licenses and/or approvals from local and state authorities; and assist in the award of construction con- tracts. d ) General Supervision of Construction: Be responsibly, for the general administration of the Project during the construc- tion period ; check all shop drawings submitted in connection with the construction; supervise anc review work of inspection bureaus or testing laboratories as may be required; furnish general super- vision of the work and interpretation of plans and specifications by periodic visits to the site by principals or members of the office staff of the Engineers; issue certificates of payments and keep such accounts as may be necessary to the prosecution of the work to completion; upon completion of construction, revise work- 2 v ing drawings to show the Project as actually constructed. As a part of the general supervision and construction, the Engineer will at his own cost and expense furnish a resident engineer for the dam site; such engineer shall also be available for the con- struction of a pipe line to the City of Wichita Falls, during such time as he is used on the dam site by the Engineer. e ) Resident Supervision of Construction: Furnish at the Project site the services of competent personnel , who shall perform necessary construction layout and surveys, give competent and ade- quate supervision of construction, make measurements of work per- formed by construction contractors ; and perform such other duties normally required in the resident supervision of construction, f ) Topographic and Land Surveys : The Engineer shall make topographic surveys as necessary in connection with the location and design of the dam and other structures. Topographic surveys of reservoir basin are not in-- cluded as a part of services to be performed under this Contract . In the preliminary and final studies of the reservoir basin, the Engineer will use topographic maps which are available, namely, a map of the Ringgold reservoir made by the U. S. Geological Survey. In the event additional topographic surveys and maps are required of the reservoir basin, the Engineer will assist and cooperate with the Owner in the procurement of such surveys and maps normally prepared using aerial topographic methods; however, such topographic surveys and maps of other reservoirs are not a part of this Contract , and all costs in connection with such map- ping will be paid by the Owner. The Engineer will prepare and furnish to the Owner field notes for the procurement of right-of-way along the route of water supply lines. The Engineer shall indicate to the Owner the approximate boundaries of land which will be required for the reservoir and for structures. The cost of surveys required for the procurement of land will Le paid by the Owner, g) Borings, Test Pits and Laboratory Tests: As a part of the preliminary investigation of the Ringgold Dam Site, the Engineer will at his expense make preliminary core borings and test pits of said dam site. The Engineer will direct and super- 3 - vise the making of all other borings, test pits and foundation ex- plorations; however , the making of borings, test pits and foundation explorations other than the aforesaid preliminary borings and test pits is not a part of the services to be rendered by the Engineer and the cost thereof shall be paid by the Owner . The Engineer shall supervise and review the work of testing laboratories and inspection bureaus required for the testing or inspection of materials, etc. , for the Project, but the cost of such laboratory tests or inspection shall be paid by the Owner. h) The Engineer agrees that he will prepare and have available, on or before June 10, 195'?, for the use of the Owner an approximate estimate of the costs of such Project , together with such other information as may be required in securing a permit from the State Board of Water Engineers at Austin, Texas. 3. Fee; The Owner agrees to pay the Engineer for such ser- vices an amount as set out below, which shall constitute complete compensation for the services rendered. a) For preliminary engineering studies and reports, de- signs, preparation of plans, specifications and other contract doc- uments , and general supervision of construction, the fee shall be a percentage of the cost of construction in accordance with the following schedule : Construction Cost Engineering Fee t1,000,000 t10,000,000 5%, Over $10, 0001.000 4.5% In the event the construction cost falls within the higher construction cost bracket , the fee shall not be less than the maximum amount computed under the lower cost bracket. This engineering fee shall be divided as followst for preliminary studies, designs, plans and specifications, sixty-five 65%) per cent of the fee; for general supervision of construction, thirty-five (35%) per cent of the fee. b ) For detail supervision of the construction, excluding the resident engineer on the dam site, including construction layout and inspection, the Engineer shall be paid the actual payroll cost of resident supervision as may be required. In this connection, the resident engineer on the dam 4- site shall be paid by the Engineer. c ) Payment for services in preparation of studies , designs, plans and specifications shall become due and payable upon comple- tion and delivery to the Owner of plans and specifications after the contract for construction of the dam has been let; payment for super- vision of construction shall be made on monthly estimates of the En- gineer , which estimates shall be based on the value of work performed by the Contractor , plus the actual payroll of the resident supervis- ion, excluding the resident engineer on the dam site. d ) In case bond funds are not made available to complete this Project when same is first submitted to a popular vote, this contract terminates as to both parties without any obligation on the part of the Owner to pay the Engineer anything and this contract shall be of no further force and effect. If at the option of the Owner a bond issue is re-submitted to a popular vote, and carries, within two years from the date of the first submission, then and in that event this contract of employment is automatically renewed. e ) In a determination of the cost of the work on which the Engineer ' s Fee shall be based , there shall not be included the cost of items as : Lands and rightel-of-ways;; facilities with which there are conflicts, as highways, railways, utilities , etc. , except the cost of facilities for which the Owner may instruct the Engineer to prepare alternate designs for the relocation or modification there- of; administrative financing or legal expenses; testing and labora- tory expenses; and engineering fees. There shall not be deducted from the cost of the work sums withheld from payments to the Con- tractor, such as penalties, liquidated damages, or other similar sums. 4. Supervision of the Work: The Engineer will endeavor to protect the Owner against defects and deficiencies in the work of contractors but he does not guarantee the performance of their contracts, 5. Preliminary Estimates: When requested to do so, the Engineer will furnish preliminary estimates on the cost of the work, but he does not guarantee the accuracy of such estimates. _ 6. Revisions of Plans and Specifications: Should the Owner require substantial revision of plans and/or specifications after 5 ` same have been duly approved , then the Owner will pay to the En- gineer just and equitable compensation therefor. 7. Ownership of Documents : Drawings and specifications as instruments of service are the property of the Engineer whether the work for which they are made be executed or not and the Engi- neer will retain in his files original drawings and specifications for the work. The Engineer will provide such number of sets of plans and specifications and other documents as are necessary in the receiving of bids for construction and as are required in the execution of the Project. Upon completion of construction, the Engineer shall revise the working drawings to show the Project as actually constructed and the Owner shall be furnished from such As-Built" drawings one set of Van Dyke negatives (reproducible from which other prints may be made) and two sets of white prints made from these negatives, 8. Termination of Contract : The Owner may terminate this contract upon the abandonment of the Project for any reason or upon the death of both S. W. Freese and Marvin C. Nichols by a notice in writing to the office of the Engineer. Upon receipt of such notice, the Engineer shall, unless the notice directs other- wise immediately discontinue all services and work and the placing of all orders or the entering into contracts for supplies, as sistance, facilities and materials in connection with the pe rform- ance of this contract and shall proceed to cancel promptly a l l existing orders and contracts insofar as such orders or contracts are chargeable to this contract. The Engineer will be paid prompt- ly that proportion of the prescribed fee which the work actually performed under this contract bears to the total work called for under this contract, less such payments as have been previously made. It is also understood that, in the event that funds arc not made available as set out in paragraph 3a herein, that there shall be no further obligation on the part of the Owner to pay the En- gineer for any services performed hereunder. g. Successors and Assignments: The Owner and the Engi- neer, each binds himself, his partners, successors , executors, ad- ministrators, and assigns, of the other party to this agreement, 6 ,. and to the partners, successors, executors, administrators, and assigns of such other party in respect of all covenants of this agreement. Except as above, neither the Owner , nor the Engineer shall assign, sublet or transfer his interests in this agreement without the written consent of the . other . THIS CONTRACT is executed in two counterparts. IN TESTIMONY WHEREOF, they have executed this agreement, the day and year first above written. ATTEST Owner BY FREESE ADD NICHOLS WITNESSES : Engineer By Partner 7