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Min 05/22/1972 • i 578 Wichita Falls, Texas Memorial Auditorium Bldg. May 22, 1972 I Item 1 The Board of Aldermen of the City of Wichita Falls , Texas, met in called session on the above date in the Council Conference Room of the Memorial Audi- torium Building at 7 :10 o'clock P.M. , with the following members present : J. Winston Wallander Mayor Harry Campsey X Harrison E. Taylor X Larry Lambert X Aldermen Willard J. Still X Peggy McCullough Gerald G. Fox City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk J. C. Boyd, Jr. Absent Item 2 The Mayor announced that this meeting has been called in regard to the Lake Diversion engineering study. City Manager Gerald Fox explained that the City had received a preliminary study from the Corps of Engineers regarding Lake Kemp and Lake Diversion. He explained that they got into the Lake Diversion situation mainly because of the Lake Kemp study and its effect on Lake Diversion. They recommended that the City proceed with a complete engineering study of the spillway and outlet works conditioned on the operation of a plant at Lake Diversion, and that the study be made at an early date. The Lake Kemp operations will have a material affect on the Lake Diversion dam. Biggs and Matthews ' proposal is considered the best that they have received from an engineering firm. John P. Ruhmann, Director of Water Development, explained that Lake Kemp would be completed in 1973, and that it will be kept 16 feet below the new spillway elevation. Release of flood water will go across Lake Diversion spill- way. It must pass the full flow of the Lake Kemp outlet works, plus Beaver Creek flood waters. Mr. Biggs will check to see if the Lake Diversion spill- way will be able to handle the water, and make recommendations for repairs to the dam and outlet works. Lake Diversion should be kept 4 feet below the spill- way level. Alderman Lambert inquired why the delay in presenting this April 1971 re- commendation to the Council. The City Manager explained that the Lake Kemp operations plan had not been completed, and not even officially received yet. John Ruhmann explained that they asked the Corps to do this themselves, 'and were unable to get them to do so. The City Manager explained that Water Dis- trict No. 2 is in charge of the operations and maintenance work of Lake Diver- sion, but that the City contributes to them for our portion of the cost. Our cost is approximately 67 percent, and the Water District's share is approximately 33 percent. The Water District does not want to assume any responsibility for Lake Diversion repairs. The engineering contract price would be $7,500.00. Alderman Lambert inquired what time element we are talking about in regard to completion of this work. John Ruhmann stated that he believes we are talking about 6 to 8 months at the least. The City Manager explained that it would take four months for an engineering study, then there would be a bond issue and a construction period, and that we are probably looking past the completion of Lake Kemp in May, 1973. He stated that he believed it appropriate to begin now to take a look at this study. Alderman Still inquired if we have the right to tell Water District No. 2 to lower the lake. Mr. Ruhmann stated that he does not think that we do. It was further explained that we have a contract with the Water District which expires next year, and can be re-negotiated. ,rF 579 ' Item 2, cont 'd. RESOLUTION NO. 1310 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 Wichita County Water Improvement District No. 2, as first party, and Biggs and Mathews, consulting engineers, as second party, providing for a preliminary engineering study and report concerning the dam and spillway at Diversion Lake is hereby approved, and the City Manager is authorized to execute the same for the City. Moved by Alderman Still that Resolution No. 1310 be adopted. Motion seconded by Alderman Taylor, and carried by the following vote : Ayes : Aldermen Campsey, Taylor, Lambert, Still, and McCullough Nays : None Moved by Alderman Campsey that the meeting be adjourned. Motion seconded by Alderman Still , and carried unanimously. The Board of Aldermen adjourned at 7 :40 P.M. PASSED AND APPROVED this �day of 1972. 1,4 Mayor ATTEST: City Clerk STATE OF TEXAS Q COUNTY OF WICHITA Q This Contract , made and entered into as of. the 22nd day of May , 1972, by and between the City of Wichita Falls and Wichita County Water Control and Improve- ment District No. 2 ( hereinafter called "Owners') and the firm of Biggs & Mathews , Consulting Engineers , Wichita Falls, Texas (hereinafter called "Engineer") WITNESS ETH: WHEREAS, the existing dam and spillway at Lake Diversion, Archer County , Texas are in a deteriorated condition and in need of repair; and WHEREAS , . the firm of Biggs & Mathews is acceptable to Owners and is willing to enter into a contract to perform engineeringservices required by the Owners ; NOW, THEREFORE, it is agreed as follows : I. The Owners herebyretain the Engineer to prepare a preliminary analysis and report to determine the extent and to propose methods of of the safety of the structure _1_ , of repair together wit h cost estimates . II . The services to be performed by the Engineer shall be as follows : (a) Employ a competent Engineering Testing Laboratory to make all field and laboratory tests as necessary to determine the strengths and safety factors of the structure . (b) Perform the detailed calculations required and report the findings . (c) Perform all hydraulic calculations using the available data. (d) Employ outside Structural Consultants who are reinforced concrete experts from the University of Texas at Austin. (e) Recommend a method or methods of repair for the structure. f) Prepare detailed cost estimates for the proposed repairs . (g) Prepare a detailed Engineering Report of the above and furnish , to the Owners , 25 copies of same . III. For the basic services performed under Section II of -2 II of this agreement , the compensation to the Engineer shall be $72500 .00 payable by the Owners to the Engineer within forty-five (45) calendar days after acceptance of the report by the Owners . IV. It is understood and agreed that the work proposed under Section II shall be completed within four (4) months after this contract has been executed by all parties and the Owners have authorized the Engineer, in writing, to proceed. V. Should the Owners retain the Engineer to prepare detailed construction plans and specifications for the Lake Diversion Structure after completion of the Prelim- inary Engineering Report , the Engineer will credit the Owners a sum of $4 ,000.00 against the fee for preparing the construction plans and specifications , providing the Owners and Engineer enter into a standard engineering contract that is normal and usual for such work. If executed within two years after completion of the preliminary report , the future contract shall delineate the compensation to be paid to the Engineer as follows : Basic Fee to be determined as a percentage of construction cost. —36o Total Actual Construction Cost % Fee $200 ,000 767 300,000 7.2 400 ,000 6.9 500 ,000 6.6 600 ,000 6.4 700 ,000 6.3 8001000 6.1 900 ,000 6.0 1 ,000 ,000 5.9- The fee for project costs. -falling between the figures as shown shall be interpolated to the nearest one-tenth of one percent . Miscellaneous Services - In addition to the basic engineering fee, the Engineer shall provide a competent resident project representative for the actual salary costs times a multiplier of 1 .60. For direct expenses and subcontract costs , the Engineer shall be reimbursed for actual costs times a multiplier of 1.10. VI . This Contract shall not be assignable in whole or in part without the consent of the Owners . it -4- IN WITNESS HEREOF, the City of Wichita Falls and the Wichita County Water Control and Improvement District No. 2 have caused these presents to be executed by their authorized representatives and witness the execution hereof by Biggs & Mathews , Consulting Engineers , through J. E. Biggs , Jr. , P.E. , Partner. THE CITY OF WICHITA FALLS ATTEST : *Zq � ,. gY � ,. Gera d G. Fox City =y C City Manager WICHITA COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 2 ATT EST : - By _ Y r � Bing Mi ler Secretary President BIGGS & MATHEWS Consulting Engineers By J. E. Biggs, A . Partner -5-