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Res 2798 6/23/1981RESOLUTION NO. ,jVOY RESOLUTION APPROVING AND AUTHORIZING CITY MANAGER TO EXECUTE AN AGREEMENT WITH AIR FORCE PROVIDING FOR RECONSTRUCTION OF RUNWAY 17-35. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: There is hereby approved, and the City Manager is authorized to execute for the City of Wichita Falls, a contract with the United States Air Force, providing for the reconstruction, rehabilitation and restoration of Sheppard Air Force Base Runway 17-35. This contract shall be substantially in the form of the draft attached hereto. PASSED AND APPROVED this the 23rd day of June , 1981. M A Y O R ATTEST: f: City Clerk 6/4/81 A.2-9 This agreement made and entered into this the day of 1981, by and between the Department of the Air Force, hereinafter called Department, and the City of Wichita Falls, Texas, hereinafter called City, WITNESSETH: Whereas, heretofore a lease was made between the Secretary of the Air Force and the City of Wichita Falls,whereby the Secretary leased to the City a tract of land in Wichita County, Texas containing 50.73 acres, more or less, to be used as a municipal air terminal operation; such lease also permitted joint utilization of the existing and proposed military runways at Sheppard Air Force Base by civil air carriers and other civil aircraft equipped with functioning two-way radio,capable of communication with Sheppard Air Force Base control tower; 4* i.... such lease is Contract DA-41-443-eng-5551; and, Whereas, Department and City have determined that Sheppard Air Force Base Runway 17-35, which is 7,000 feet long by 150 feet wide, has deteriorated, and it should be rehabilitated and restored back to its design capability; and, Whereas, Department and City have determined that entering into this agreement to share the cost of the work by Department and City is in the best interest of both the City and the United States. NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and agreements herein contained to be kept and ry i performed by the parties hereto, such parties hereby agree as follows: 1. Department shall, through an independent contractor or contractors, rehabilitate and restore Sheppard Air Force Base Runway 17-35, which is 7,000 feet long and 150 feet wide, back to its design capability. 2. City will pay a share of the construction cost of this Page 3 of 5 Pages Agenda Item No. project. Construction cost is defined as the cost incurred by the Department in the construction contract between the Department and the construction contractor, and shall exclude any engineer- ing, inspection, testing and administrative costs. All engineer- ing, inspection, testing and administrative costs related to this project will be the sole responsibility of the Department, and the City will not pay any part of such costs. 3. The estimated total construction cost of such project is $850,000, of which the City's share would be an estimated 500,000. The share actually paid by the City will be determined by the actual construction cost of the project. 4. Department shall advertise for bids, and the contract shall be awarded to the lowest responsible bidder. After the bid has been accepted and the contract awarded, but prior to the actual execution of the construction contract, City shall pay to the Department 58.82% of the amount of such bid, or 500,000, whichever is less. 5. When the construction of such project has been completed and accepted by the Department, and the final total construction cost has been determined, the City's total share for its participation in the project shall be established as 58.82% of such final total construction cost, or $500,000, whichever is less. If City's final share differs from the amount which was paid by City to Department prior to the execution of the construction contract, then Department or City, as the case may be, shall pay to the other such amount as is necessary to w :J:__•+.(_4:;,y c. adjust the City's initial payment to the City's final share. 6. Provision shall be made for continuation of civil air traffic on Sheppard Air Force Base during the period of this construction. 7. Department shall furnish to the City and the Federal Aviation Agency copies of all correspondence, test reports, payment documents, materials data and other information relating to this construction project. Page 4 of 5 Pages Agenda Item No. 2- Y' T l 1 T Rev.6-9-81 8. Department shall make provision for inspections of the project by representatives of City and Federal Aviation Administration, and for participation by City and Federal Aviation Administration in the final acceptance of the construction project. Except for this provision, Department shall control and administer the construction contract. 9. Department shall provide to City and to the Federal Aviation Administration an audit report of all charges to the project. 10. If, for any reason, the Department does not execute the construction contract, and the project is not carried out, Department shall return to City all of the payment which City has paid Department under this agreement. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers as of the day. and year first set out above. CITY OF WICHITA FALLS, TEXAS BY: Stuart A. Bach, City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney DEPARTMENT OF THE AIR FORCE BY: Page 5 of 5 Pages Agenda ItemNo.