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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 ; 2- 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) ; 3- . 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 4- 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 5- 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 6- 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 7- 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 . 8- 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 9-