Res 028-2007 2/20/2007 RESOLUTION NO. �'v ��rl
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, TO APPROVE AN ENGINEERING SERVICES
CONTRACT WITH BIGGS & MATHEWS, INC. FOR THE DESIGN OF
THE GREGG ROAD/LANGFORD WIDENING PROJECT; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION
WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, the City of Wichita Falls desires to enter into an engineering
services contract for the design of the Gregg Road/Langford Widening Project; and
WHEREAS, Biggs & Mathews, Inc. is proposing to do this work for an estimated
amount of $200,000.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. The Engineering Services Contract from Biggs & Mathews, Inc. for
the design of the Gregg Road/Langford Widening Project is hereby accepted.
SECTION 2. It is hereby officially found and determined that the meeting at
which this resolution was passed was open to the public as required by law.
PASSED AND APPROVED this the 20th day of February, 2007.
�,
MA OR
ATTEST:
4 '
y Clerk
ENGINEERING SERVICES AGREEMENT
STATE OF TEXAS §
COUNTY OF WICHITA §
This Contract is made and entered into as of the _ day of , 2007 by and
between the City of Wichita Falls, Wichita County, Texas, a Municipal Corporation in the State of Texas,
(hereinafter called "Owner" or "CITY") and the firm of Biggs & Mathews, Inc (hereinafter called
"Engineer" or "CONSULTANT"), Engineers duly licensed and practicing under the laws of the State of
Texas:
WITNESSETH
WHEREAS, the City of Wichita Falls proposes to accomplish certain water, sanitary sewer, street,
and drainage improvements in a project known as Gregg Road/Langford Reconstruction Project, Project
No. CWF07-***-03 and
WHEREAS, the firm of Biggs & Mathews, [nc. 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:
1.
Section 1
A. Provide engineering design services for the development of the °Gregg Road and Langford
Reconstruction" including plans and specification preparation for the streets and drainage.
B. The OWNER hereby retains the ENGINEER for all engineering services required in connection
with the said proposed project. The services performed by the ENGINEER in connection with
proposed improvements shall be divided into two phases as follows:
Phase 1 Preparation of detailed plans and specifications for improvements as selected by the
OWNER, including final cost estimates.
Phase 2 General administration of Construction of improvements included under Phase 1.
C. Phase 1- Preparation of Detailed Plans and Specifications shall include:
1. Attend not more than three (3) meetings as deemed necessary with CITY officials.
2. Provide structured reviews for CITY Staff at the thirty percent (30%) final design
completion to discuss design progress; at the sixty-five percent (65%) final design
completion to discuss working drawings; and at ninety-five percent (95%) completion to
discuss final plans.
3. Furnish when necessary all data required by the CITY for the development of any
applications or supporting documents for State or Federal Government permits, grants, or
planning advances, provided that such data shall not extend beyond that actually
developed in the performance of other provisions of this contract.
4. Provide right-of-way surveys and platting services required to provide a right-of-way map
for the entire project along with field notes describing legal boundaries for all parcels
being acquired up to six parcels. Right-of-way surveys and platting services provided for
additional parcels that may be required over the six parcels, and title search work
performed by third party, will be paid for as Additional Professional Services as
described under Appendix "A". Show county tax account number for each parcel.
Provide XYZ coordinates for parcel corners.
5. Perform any additional field boundary and topographical surveys required to collect
information needed in the final design of the Project.
6. Prepare detailed contract drawings, specifications, instructions to bidders, general
provisions, proposal and any other document necessary for the CITY to advertise for bids.
7. All contract documents and plans for the project are to be in preliminary form, ready for
CITY approval within 180 calendar days after contract and issuance of notice to proceed
on preparation of detailed plans and specifications. Final plans and documents are to be
ready for bids within 60 calendar days after CITY approval of the preliminaries.
S. Furnish as a part of the CONSULTANT's base fee not more than ten (10) sets of bidding
documents, for each separate contract.
9. Provide clarification and interpretation to bidders; upon the direction of the C[TY issue
Plans and Specifications for bidding purposes; receive and record plan deposits; prepare,
issue and deliver all addenda required to perfect the bid documents; maintain a record of
issuance and receipt of same. All returned sets of bidding documents shall be available to
the successful bidder and subcontractors, not to exceed the number of bidding documents
referred to above.
10. Attend a pre-bid conference with City representatives and interested bidders.
11. Tabulate and furnish to the CITY an original and five (5) copies of the bid tabulation
together with his written recommendation regarding the award of each contract.
D. Phase 2- General Administration of Construction shall include:
1. Perform the necessary control staking services (not construction staking) in connection
with the construction layout on the ground for the Project.
2. Attend a Pre-Construction Conference with the representatives of the interested CITY
Departments and Contractors.
3. Make periodic visits (a minimum of twice a month) to the site to observe as an
experienced and qualified design professional the progress and quality of the executed
work, and to determine in general if the work is proceeding in accordance with the plans
and specifications and submit monthly reports relating to such visits; unless required to do
so in writing as a part of "Additional Services" the CONSULTANT shall not be required
to make exhaustive or continuous on-site inspections to check the quality or quantity of
the work; the CONSULTANT shall not be responsible for the means, methods,
techniques, sequences or procedures of construction selected by the contractor. The
CONSULTANT's efforts will be directed towards providing assurances for the CITY that
the completed Project will conform to the plans and specifications. The CONSULTANT
shall not be responsible for the failure of the contractor to perform the construction work
in accordance with the plans and specifications and the contractor's contract. However,
the CONSULTANT shall report to the CITY any deficiencies in the work actually
detected by the CONSULTANT. During such visits and on the basis of on-site
observations, the CONSULTANT shall consult and advise the CITY during construction.
4. Provide consultation and advise to the OWNER in the event that routine change orders
are required.
5. Performing, in company with the representative of the OWNER, a final inspection of the
Proj ect.
6. Revision of construction drawings to reflect any revisions included in construction
records.
7. Furnish OWNER with one (1) reproducible set of "As-Built" construction drawings on
Mylar Sepia Film, two (2) sets of prints, and electronic files in AutoCad format.
8. Develop, at the request of the OWNER, any changes, alterations or modifications to the
Project which appear to be advisable and feasible and in the best interest of the OWNER.
I1.
Suecial Provisions
A. As necessary and as required by law, CONSULTANT shall coordinate with and/or seek approval
of federal, state and local authorities for concept and design of this project. Such coordination or
approval shall be accomplished prior to the bidding process.
B. For special services as may be required and/or authorized by the OWNER, the ENGINEER shall
be compensated on the basis of fees as shown in Appendix A herein attached. Special services are
defined as court litigation, field surveys for land acquisitions and easements, associated travel
costs, and other services, as shown in Appendix A.
C. The OWNER will give prompt written notice to the ENGINEER whenever the OWNER observes
or otherwise becomes aware of any defects in the engineering services, in the work of the
contractor, or any development that affects the scope or timing of engineering services.
III.
Fee Schedule
For and in consideration of the services to be rendered by the ENGINEER in this agreement, the OWNER
shall pay and the ENGINEER shall receive the fee as set forth in attachment hereto which is made a part
hereof and identified as E�chibit 1.
I V.
Ownership of Documents
All documents including the original drawings, estimates, specifications, field notes and data, will remain
the property of the OWNER. Any reuse without specific written verification or adaptation by ENGINEER
will be at OWNER's sole risk and without liability or legal exposure to ENGINEER. Any such verification
or adaptation may entitle ENGINEER to further compensation at rates to be agreed upon by OWNER and
ENGINEER.
Title and Stamp Requirements
All plans/reports prepared under this contract will bear the ENGINEER's title and stamp thereon.
v.
Termination
A. Right of Either Party to Terminate
This Agreement may be terminated by either party for substantial failure by the other party to
perform (through no fault of the terminating party) in accordance with the terms of this Agreement.
This agreement may also be terminated if the CITY elects, for whatever reason, not to continue the
proposed project.
The terminating party must issue a signed, written notice of termination (citing this paragraph) to
the other party which shall take effect on the tenth day following receipt of said notice.
B. Procedures for ENGINEER to Follow upon Receipt of Notice of Termination if issued by the
OWNER.
Upon receipt of a notice of termination and prior to the effective date of the termination, the
ENGINEER shall, unless the notice otherwise directs, immediately begin to phase-out and
discontinue all service in connection with the performance of this Agreement and shall proceed to
promptly cancel all existing orders and contracts insofar as such orders and contracts are
chargeable to this Agreement. Within 30 days after receipt of the notice of termination, the
ENGINEER shall submit a statement, showing in detail the services performed under this
Agreement prior to the effective date of termination.
Copies of all completed or partially completed specifications and reproducibles of all completed or
partially completed design plans or reports prepared under this Agreement prior to the effective
date of termination shall be delivered to the OWNER as a pre-condition to final payment. These
documents shall be subject to the restrictions and conditions set forth in [V above.
Upon the above conditions being met, the OWNER shall promptly pay the CONSULTANT that
proportion of the prescribed fee which the services actually performed under this Agreement bear
to the total services called for under this Agreement, less previous payments of the fee.
Failure by the ENGINEER to comply with the submittal of the statement and documents as
required above shall constitute a waiver by the ENGINEER of any and all rights or claims to
collect monies that ENGINEER may rightfully be entitled to for services performed under this
Agreement.
VI.
ENGINEER's Warrantv
The ENGINEER warrants that he has not employed or retained any company or person other than a bona
fide employee working solely for the ENGINEER, to solicit or secure this contract, and that he has not for
the purpose of soliciting or securing this contract paid or agreed to pay any company or person, other than a
bona fide employee working solely for the ENGINEER, any fee, commission, percentage, brokerage fee,
gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For
breach of this warranty, the OWNER shall have the right to terminate this contract under the provisions of
V above.
VII.
Equal Emplovment Opportunitv/Minoritv Business Enterprise
The ENGINEER agrees not to engage in employment practices which have the effect of discriminating
against any employee or applicant for employment; and, will take affirmative steps to ensure that applicants
are employed and employees are treated during employment without regard to their race, color, religion,
national origin, sex, age, handicap, or political belief or affiliation.
VIII.
Assignment of Transfer of Interest
The ENGINEER shall not assign or transfer his interest in the contract without the written consent of the
OWNER.
IX.
Indemnification
ENGINEER shall and does hereby agree to indemnify and hold harmless the OWNER from any and all
damages, loss or liability of any kind, whatsoever, by reason of injury to third persons occasioned by any
negligent act, error, or omission of ENGINEER, its officers, agents, employees or other persons for whom
ENGINEER is legally liable, in rendering or failing to render professional services with regard to the
performance of this Agreement; ENGINEER will at its cost and expense defend and protect the OWNER
against any and all such claims and demands.
X.
Severabilitv
If for any reason, any one or more paragraphs of this contract are held invalid, such judgement shall not
affect, impair or invalidate the remaining paragraphs of the contract but shall be confined in its operations
to the specific section, sentences, clauses or parts of this contract held invalid and invalidity of any section,
sentence, clause or parts of this contract in any one or more instance shall not affect or prejudice in any way
the validity of this contract in any other instance.
XI.
Estimates of Cost
Since the ENGINEER has no control over the cost of labor, materials or equipment or over the contractor's
methods of determining prices, or over competitive bidding or market conditions, his opinions of probable
Project Cost or Construction Cost provided far herein are to be made on the basis of his experience and
qualifications and represent his best judgment as a design professional familiar with the construction
industry but the ENG[NEER cannot and does not guarantee that proposals, bids or the construction cost will
not vary from opinions of probable cost prepared by him.
XII.
Entire A¢reement
This Agreement represents the entire and integrated Agreement between the OWNER and ENGINEER and
supersedes all prior negotiations, representations, or agreements either oral or written. This Agreement may
be amended only by written instrument signed by both the OWNER and ENGINEER.
SECTION 2
IN W[TNESS WHEREOF, the City of Wichita Falls has lawfully caused these presents to be
executed by the hand of the City Manager of said CITY, and the corporate seal of said C[TY to be hereunto
affixed and this instrument to be attested by the City Clerk, and the said CONSULTANT, acting by the
hand of James E. Biggs [[[, P.E. thereto authorized President , does now sign, execute and deliver this
document.
DONE at Wichita Falls, Texas, on this day of , A.D., 2007
BIGGS & MATHEWS, INC.
By:
James E. Biggs III, P. E. President
ATTEST:
Kerry D. Maroney, P. E.
Vice President/Secretary
CITY OF WICHITA FALLS, TEXAS
By:
City Manager
ATTEST BY:
City Clerk
EX�IIBTT 1
COMPENSATION FOR PROFESSIONAL SERVICES
PERCENT OF CONSTRUCTION COST METHOD
Section 1- Basis for Compensation
1.1 The base fee for all services defined by this contract shall be as follows:
CONSTRUCTION COST BASE FEE AS PERCENT OF
OF PROJECT CONSTRUCTION COST
I.SSS t�7an $10�,�0� To be negotiated based upon the type of work
$100,000 to 250,000 I 0.00
250,001 to 500,000 9.75
500,001 to 750,000 9.00
750,001 to 1,000,000 8.50
1,000,001 to 3,000,000 8.00
3,000,001 to 5,000,000 7.50
5,000,001 to 10,000,000 7.00
Phase 1 Design Phase 90%
Phase 2 Consh Services 10%
Section 2 - Chan�es
2.1 The CONSLJLTANT and the CITY acknowledge the fact that the base fee as determined in
paragraph 1.1 above has been established predicated upon the total estimated costs of services to be
rendered under the contract. For additional services, compensation shall be subject to renegotiation
in accordance with Appendix "A".
Section 3- Method of Pavments
3.1 Payment shall be made to the CONSULTANT based upon the several Phases as described
heretofore and in accordance with the following:
3.1.1 Design Phase - 95% of the total amount of the Design Phase due the CONSULTANT shall
be payable in a maYimum of four (4) partial payments based on an ageed and documented percent
of work completed; the remaining 5% shall be payable after the construction contract award.
3.1.2 Construction Phase - Payment will be made in monthly installments for this Phase in
proportion to the conshuction work completed by the construction contractor. However, the final
payment due under this Phase will be withheld until such time as the "As-Built" reproducible
drawings heretofore mentioned have been furnished.
3.2 The CONSULTANT shall be compensated on the basis specified for extra services not included in
the contract as set forth in Appendix "A", for only those Field Alterations that have been approved
by the CITY for compensation; however, the CONSULTANT shall not be compensated for Field
Alterations made necessary by the CONSULTANTs errors or omissions.
33 The final payment to be made by the CITY to the CONSULTANT will be payable upon
submission of the "As-Built" Plans.
APPENDIX ��A��
COMPENSATION FOR ADDITIONAL PROFESSIONAL SERVICES
The fees as described in E�ibit 1 of this contract for the Pre-Design, Final Design and Construction Phases
of the Project shall provide compensation to the CONSLJLTANT for all services called for under this
ageement to be performed by him or under his direction except the services as set forth below. These
additional services and the compensation to be paid by the CITY to the CONSULTANT for their
performance when authorized in writing by the Director as set forth as follows:
A. The basis of compensation for the following additional services shall be:
a. $200.00 per hour for testimony of principals.
b. Salary cost times a multiplier of 2.25 for services other than testimony of principals.
c. Reimbursement for non-labor expense and subcontract expense at invoice cost plus a 10%
service charge.
1. Assistance to the CITY as an expert witness in any litigation with third parties,
arising from the development or construction of the Project including the
preparation of engineering data and reports.
B. The basis of compensation for the following additional services shall be:
a. Salary cost times a multiplier of 2.25 and/or
b. Reimbursement for direct non-labor expense and subcontract expense at invoice cost plus
a 10% service charge.
1. Restaking all destroyed hubs and checking alignment of existing hubs.
Elevations of all hubs shall be reestablished. Restaking shall be done as required,
and a cut sheet based on such restake shall be prepared.
2. Review and evaluation of the effect on the design requirements of the Project of
any such statements and documents prepared by others; and assistance in
obtaining approvals of authorities having jurisdiction over the anticipated
environmental impact on the Project.
3. Revising previously accepted studies, reports, design documents or Contract
Documents when such revisions are due to causes beyond CONSULTANTs
control.
4. Preparing documents for alternate bids requested by the CITY.
5. Investigations involving detailed consideration of operations, maintenance and
overhead expenses.
6. Services after the award of each contract in evaluating substitutions not specified
as an"or equal" proposed by the contractor(s) as authorized by the CITY.
7. Making revisions to drawings and specifications occasioned by substitutions.
8. Additional services during construction made necessary by (1) work damaged by
fire or other cause during construction, (2) a significant amount of defective or
neglected work of contractor(s), (3) acceleration of the progess schedule required
by the CITY involving services beyond normal working hours, and (4) default by
contractor(s).
9. Services after the completion of the Construction Phase, such as inspections
during any guarantee period and reporting observed discrepancies under
guarantee called for in any contract for the project.
10. Additional copies of reports, drawings and specifications over the number
specified in the base contract.
11. Title search performed by third party.
12. Right-of-way surveying and platting services required to define
additional tracts over six as defined in Section C, C.4.
C. The basis of compensation through the Design Phase for all Field Alterations that have
been approved by the OWNER, shall be the approved cost ofthe Field Alteration(s) times
the percent factor as determined by the amount ofthe contract award times 75 percent.
The CONSULTANT shall invoice separately for field alterations through the Design
Phase. The remaining 25 percent fee due for the Construction Phase will be automatically
included when the final in place cost of the project is determined and the CONSULTANT
submits the final invoice for the Construction Phase of the completed and accepted project.
D. Salary cost for purposes of this appendix is defined as the cost of salaries of engineers,
draftsmen, stenographers, surveymen, clerks, laborers, etc., for time directly chargeable to
the project, plus customary and statutory benefits including but not limited to social
security contributions, unemployment excise and payroll taxes, employment compensation
insurance, retirement benefits, medical and insurance benefits, sick leave, vacation and
holiday pay applicable thereto.
E. The amount of customary and statutory benefits of all personnel other than Principals of
the consulting firm will be considered equal to 30% of salaries and wages.
F. For purposes of this appendi� the Principals of the consulting firm and their total hourly
charge will be as follows:
NAME HOURLY CHARGE
1. James E. Biggs, III $125.00
2. Kerry D. Maroney $125.00