Res 1996 9/6/1977RESOLUTION NO.9
RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE
A PROFESSIONAL SERVICES CONTRACT WITH BIGGS &
MATHEWS, INC. , CONSULTING ENGINEERS, FOR PREPAR-
ATION OF PROJECT PLANS FOR PHASE III IMPROVEMENTS
AT WICHITA FALLS MUNICIPAL AIRPORT.
WHEREAS, the City is preparing to begin Phase III
improvements at the Wichita Falls Municipal Airport involving
the reconstruction of hangar access areas and taxiways; and,
WHEREAS, specifications and project plans in addition
to other professional consulting engineering services will
be required in order to proceed with the Phase III improvements;
and,
WHEREAS, the consulting engineering firm of Biggs &
Mathews, Inc. , Consulting Engineers, is willing to enter
into a contract to perform these consulting engineering
services for the City; and,
WHEREAS, the firm of Biggs & Mathews, Inc. , Consulting
Engineers, is acceptable to the City of Wichita Falls for
the performance of the required consulting engineering
services under the Phase III improvements at Wichita Falls
Municipal Airport.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN
OF THE CITY OF WICHITA FALLS, TEXAS, THAT:
The City Manager is hereby authorized to execute a
professional services contract with Biggs & Mathews, Inc. ,
Consulting Engineers, a copy of which is attached hereto,
for the rendering of consulting engineering services in
connection with the Phase III improvements at the Wichita
Falls Municipal Airport.
PASSED AND APPROVED this the 6th day of September, 1977.
4141/ J41'
ATTEST: j A Y O R
City Clerk
STATE OF TEXAS
COUNTY OF WICHITA
This contract , made and entered into as of the 7th
day of September, 1977 , by and between the City of Wichita Falls ,
Wichita Falls , Texas (hereinafter called "Owner" ) and the firm of
Biggs C Mathews , Inc. , Consulting Engineers , Wichita Falls , Texas
hereinafter called "Engineer" )
WITNESSETH:
WHEREAS , the Owner will require the construction of certain
improvements involving the reconstruction of hangar access areas
and taxiways at the City of Wichita Falls Municipal Airport , and
WHEREAS , the firm of Biggs & Mathews , Inc . , 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 :
I
The Owner hereby retains the Engineer for all engineering
services required in connection with the airport construction.
The services performed by the Engineer in connection with the
proposed improvements shall be as follows :
I. Formal application to Texas Aeronautics Commission (if
considered to be a funding source for this project) ;
II. Prepare plans and specifications ;
III. Prepare contract documents ;
IV. Conduct general and/or resident supervision of project;
V . Prepare monthly progress reports and pay estimates and
submit same to Federal Aviation Administration for
payment ;
VI. Prepare "As-Built" plans ;
VII. Assist Owner in the final project acceptance process with
the Federal Aviation Administration.
II
Item No . I - Formal Application to Texas Aeronautics Commission
if considered to be a funding source for this project) shall
include:
a) Participation in preliminary conferences with the
Owner and the TAC regarding the proposed project ;
b) Preparation of preliminary engineering layouts , sketches
and reports required to expedite and clarify the applica-
tion to the TAC;
c) Preparation of the formal application and to maintain
liaison with the TAC to insure prompt processing of the
application.
Item No. II - Preparing of detailed plans and specifications
shall include :
a) Establishing the scope of any soil and foundation
investigations which may be required and making the
necessary arrangements to obtain the necessary services .
Such services are to be paid for by the Engineer.
b) Surveys , preliminary design and layout of the improvements ;
c) Preparation of detailed plans ;
d) Preparation of project quantities and cost estimates ;
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e) Furnish to the Owner all necessary copies of approved
plans , specifications , notices to bidders and proposal forms .
Item No. III - Prepare Contract Documents shall include :
a) Preparation of the Contracts and specifications ;
b) Assistance in the advertisement of the project for bids ;
c) Assistance in the opening , tabulation and analysis of the
bids received and recommendations as to the appropriate
action to be taken;
d) Assistance in the preparation of formal contract documents
for construction contracts .
Item No. IV - Conduct general and/or resident supervision of project
shall include :
a) 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 accordance 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 ;
b) Consulting and advising with the Owner and preparing routine
change orders as required;
c) Reviewing shop and working drawings and design mixes
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) ;
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d) Preparation of monthly and final estimates for payments to
contractors , and furnishing any necessary certifications
as to payments to contractors and suppliers ;
e) Performing , in company with the representative of the Owner,
a final inspection of the project ;
f) Revision of construction drawings , with the assistance of
the resident Project Representative , to reflect any
revisions included in construction records ;
g) Preparing reports as required by the Federal Aviation
Administration and the Texas Aeronautics Commission;
h) Furnish Owner with one (1) reproducible set of construction
drawings and five (5) sets of prints .
Item No. V - Prepare monthly progress reports and pay estimates and
submit same to Federal Aviation Administration for payment shall
include :
a) Keeping a construction log of activities in order that a
chronological record of the project may be maintained;
b) Preparation of monthly pay estimates for preparation to
Federal Aviation Administration;
c) Maintain a file of these activities for future reference.
Item No. VI - Prepare "As-Built" plans shall include:
a) Updating plans to show any changes during construction;
b) Furnish Owner with five (5) sets of "As Built" prints and
one (1) set of reproducible tracings .
Item No. VII - Assist Owner in the final project acceptance process
with the Federal Aviation Administration shall include:
a) Maintaining liaison with the Federal Aviation Administration
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to furnish all necessary information and data required
for final acceptance ;
b) Assisting Owner in complying with any requirements set
forth by the Federal Aviation Administration.
III
For the basic services performed under Section II of this
agreement, the compensation to the Engineer shall be set at a
fixed fee of $18 ,000 . 00 for the preparation of the plans and
specifications. Upon completion of detailed plans and specifica-
tions , and/or the required review by the State or Federal agencies ,
eighty percent (80%) of the total basic charge shall be due and
payable. The remaining twenty percent (20%)shall be paid during
construction in proportion to the contractor' s earnings .
For special services such as court litigation and other miscel-
laneous services not outlined in Section II , the Engineer shall be
compensated on the basis of the schedule shown in Section IV.
Statements for services in this category shall be rendered monthly
and payment shall be due not less than thirty (30 ) days after
submission of a statement.
IV
The charge provided herein shall not include property, boundary,
and right-of-way surveys , shop, mill, field or laboratory inspec-
tion of materials ; cost of inspection borings or other subsurface
explorations save and except those soil tests set forth in
Section II ; copies of "As Built" plans and specifications in
excess of five (5 ) ; calculations of special assessments ; the services
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of a resident Project Representative for continuous on-the-site
observance of the work ; or the furnishing of construction line
and grade surveys .
If the Owner elects to have the Engineer furnish services of a
resident Project Representative for continuous on-the-site obser-
vance of the work or the furnishing of construction line and grade
surveys , the Engineer will furnish this service at the following
schedule of rates :
SURVEY PERSONNEL
Four man survey party 34 . 00 per hour
Three man survey party 29 . 50 per hour
Land Surveyor 15 . 00 per hour
CONSTRUCTION INSPECTION
Resident Engineer 19 . 00 per hour
Resident Inspector 11. 25 per hour
ENGINEERING AND GENERAL SUPERVISOR
Principal or Officer of Firm 25 . 00 per hour
Project Engineer 20 . 00 per hour
Senior Draftsman 10 . 00 per hour
Jr. Draftsman 7 . 25 per hour
Direct expenses and subcontract costs incurred shall be reimbursed
at actual cost tines a multiplier of 1. 10 .
If, during preparation of the plans and specifications , or
thereafter, the Engineer shall be required to render additional
services because of changes , or delays , or other causes beyond his
control , then the Engineer shall be compensated for such additional
services on the basis of the schedule set out in Section IV .
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
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done under this contract until the Engineer is instructed in
writing to proceed with the work. At the time written instruc-
tions are given to the Engineer to proceed, evidence shall be
furnished that funds are available to pay for the services rendered.
It is also understood that the Engineer will not supply a resi-
dent Project Representative for continuous on-the-site observance
of the work or furnish construction line and grade surveys 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 under-
take any work pursuant to this contract , which work would require
the payment of any charge , expense or reimbursement in addition
to the charge stipulated in Section III , without having first
had and obtained specific written authority therefore.
VII
This contract shall not be assignable in whole or in part
without the consent of the Owner.
VIII
All payments for services rendered by the Engineer that have
not been paid within sixty (60) days after becoming due shall
thereafter accrue interest at the rate of eight percent (8%) per
annum.
IX
In connection with all the work outlined or contemplated
above, it is agreed that the Owner or the Engineer may cancel
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or terminate this contract upon thirty (30 ) days written notice
of such cancellation from either pdrty 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.
X
The City of Wichita Falls , Federal Aviation Administration,
Comptroller General of the United States or any of their duly
authorized representatives shall have access to any books , documents ,
papers and records of the Engineer which are directly pertinent to
this project for the purpose of making accurate examination, excerpts ,
and transcription.
XI
Ownership of any Airport Layout Plan prepared by the Engineer
shall remain with the Owner. If the Owner shall so direct the
plan may remain in the files of the Engineer; however, the Owner
shall have access to this Plan whenever he deems it necessary.
The Engineer shall have access to any existing City plats and
records in the possession of the Owner that will be of benefit in
the preparation of the plans and specifications .
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IN WITNESS HEREOF, the City of Wichita Falls , Texas , has caused
this contract to be executed by its City Manager and attested by
its City Clerk and the official seal of the City affixed hereto ,
and Biggs 6 Mathews , Inc . , Consulting Engineers , has caused this
contract to be executed by its President and its Secretary, with
all such executions being in quadruplicate , each of which shall
constitute an original , and all of which has been done as of
the date here above first written.
CITY OF WICHITA FALLS
0-N )
BY
City Manag
ATTEST:
City Clerk
BIGGS 6 MATHEWS , INC .
Consulting Engineers
i---teila-fre{lvBY
E. Biggs Jr. , P. E. , President
ATTEST:Registered Professional Engineer
No. 16101
Secretary
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