A G R E E M E N T
THIS AGREEMENT, by and between the City of KerrvilleiTexas,
and the County of Kerr, Texas, hereinafter called "Sponsor", and Bovay
Engineers, Inc., a Texas corporation with its principal office in Houston,
Texas, hereinafter referred to as "Consultant":
WITNESSETH:
THAT FOR and in consideration of the terms, covenants, and
conditions herein contained, the parties agree as follows:
1. The Sponsor hereby engages Consultant and Consultant
hereby agrees to perform services hereinafter described in connection with
the Airport Master Plan to the Kerrville Municipal Airport, Kerrville, Texas.
2. The work to be performed will be in accordance with the
Scope of Services marked Exhibit A, attached hereto, and made a part
hereof. Consultant will perform and carry out in a proper manner the
work shown in the attached scope.
3. All federal, state and local laws applicable to the accom-
plishment of this planning project will be complied with in all respects.
4. Consultant represents that it has or will secure at its
own expense all personnel required in performing the services under this
Contract. Such personnel shall not be employees of the Sponsor. All
services required hereunder will be performed by the Consultant or under
its supervision and all personnel engaged in the project shall be fully
qualified and shall be authorized under state and local law to perform
said services. None of the services covered by the Agreement shall be
sub-contracted without the prior written approval of the Sponsor.
5. Services of the Consultant are to commence as soon as
practicable after the execution of this Agreement and shall be under-
taken and pursued in such sequence as to assure their timely completion.
All services required hereunder shall be completed within six (6) months
from the date the Notice to Proceed-is issued.
6. The costs of the study will include fifty (50) copies of
the Master Plan, including all drawings and narrative developed in the
study, which will be provided to the Sponsor upon completion of the work to be
performed.
7. The Sponsor will pay to the Consultant for all work covered in
Paragraph 2, the total sum of TWENTY-FOUR THOUSAND DOLLARS ($24,000.00), which
will constitute full and complete compensation for the services described herein.
Said sum will be paid at monthly intervals, commencing with execution of this
contract. Final payment will be paid when the project has been fully com-
pleted and formal acceptance of the work has been made by the Sponsor. The
amount to be paid at each interval will be subject to a receipt of a requisition
for Payment from the Consultant specifying work that has been accomplished for
which payment is requested. A written review of the progress made on the pro-
ject during the billing period will be submitted to the Sponsor. When the
Sponsor requests, evidence of work completed shall be submitted prior to payment
of each progress payment.
8. All billings for services performed under this Agreement shall
be made by the Consultant. Payments for the performance of work items under
this Agreement shall be made to said Consultant.
9. The terms and conditions of the Grant Agreement, hereinafter set`
out, between the Federal Aviation Administration and the Sponsor are, when ap-
plicable, binding upon the Consultant as they are upon the Sponsor. However,
the FAA is in no way obligated to the Consultant. The Grant Agreement for the
Kerrville Municipal Airport is as follows:
Project No. A-48-0121-01
10. A minimum of three formal progress meetings will be held during
the course of the study. Those in attendance at each meeting will include
representatives of the Sponsor, the Airport Consultant, and the FAA.
11. The Consultant will furnish the Sponsor with a monthly written
report outlining the work accomplished by the Consultant during the month, and
a current status of the project in sufficient detail to enable the Sponsor to
provide the required bi-monthly report to the FAA.
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12. Consultant will also complete all P~ASP forms as directed and
required by the FAA. Consultant agrees that all work on this project will be
performed in accordance with Advisory Circular 150/5070-6, and also agrees to
include an environmental impact assessment in accordance with FAA Order 5050.2A,
or any superseding order.
13. If, through any cause, the Consultant shall fail to fulfill in
timely and proper manner its obligations under this Agreement, or if the Con-
sultant shall violate any of the covenants, agreements, or stipulations of the
Agreement. The Sponsor shall thereupon have the right to terminate this Agree-
ment by giving written notice to the Consultant of such termination and speci-
fying the effective date thereof, at least fifteen (15) days before the effective
date of such termination. In that event, all finished or unfinished documents,
data, studies, survey, drawings, maps, models, photographs and reports prepared
by the Consultant shall, at the option of the Sponsor, become the Sponsor's
property, and the Consultant shall be entitled to receive just and equitable
compensation for any work completed on such documents and other materials.
14. The Sponsor may terminate this Agreement at any time by giving
written notice to the Consultant of such termination and specifying the effective
date thereof, at least fifteen (15) days before the effective date of such ter-
mination. In that event, all finished or unfinished documents and other
materials as described in Paragraph 13 above, shall, at the option of the Sponsor,
become its property. If the Agreement is terminated by the Sponsor as provided
herein, the Consultant will be paid an amount which bears the same ratio to the
total compensation as the services actually performed bear to the total services
of the Consultant covered by this Agreement, less payments of compensation
previously made; provided, however, that if less than sixty percent (60%) of
the services covered by this Agreement have been performed upon the effective
date of such termination, the Consultant shall be reimbursed (in addition to the
above payment) for that portion of the actual out-of-pocket expenses (not other-
wise reimbursed under this Agreement) incurred by the Consultant during the
Agreement period which are directly attributable io the uncompleted portion of
the services covered by this Agreement. If this Agreement is terminated due to
the fault of the Consultant, Paragraph 13 hereof, relative to termination,
shall apply.
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15. In carrying out the work, the Consultant wilt not dis-
criminate against any employee or applicant for employment because of
sex, race, creed, color, or national origin. The Consultant will take
affirmative action to ensure that applicants are employed, and that
employees are treated during employment without regard to their sex, race,
creed, color or national origin. Such action shall include but not be
limited to the following: employment, upgrading, demotion, transfer;
recruitment or recruitment advertising, lay-off, or termination; rates of
pay or other forms of compensation; and selection for training, including
apprenticeship. The Consultant agrees to post in conspicuous places,
available to employees and applicants for employment, notice to be provided
by the Government setting forth the provisions of this non-discrimination
clause. The Consultant will, in all solicitations or advertisements
for employees placed by or on behalf of the Consultant, state that all
qualified applicants will receive consideration for employment without
regards to race, creed, color, or national origin. The Consultant will
incorporate the foregoing requirements of this paragraph in all sub-
contracts for services covered by this Agreement.
lb. During the performance of this Agreement, the Consultant
for itself, its assignees and successors in interest (hereinafter referred
to as the "Consultant") agrees as follows:
(a) Compliance with Regulations: The Consultant shall comply
with the Regulations relative to non-discrimination in federally assisted
programs of the Department of Transportation (hereinafter, "DOT") Title 49,
Code of Federal Regulations, Part 21, as they may be amended from time to
time (hereinafter referred to as "the Regulations"), which are herein in-
corporated by reference and made a part of this Agreement.
(b) Non-discrimination: The Consultant, with regard to the
work performed by it during the Agreement, shall not discriminate on the
grounds of sex, race, color, or national origin in the selection and
retention of sub-contractors, including procurements of materials and
leases of equipment. The Consultant shall not participate either directly
or indirectly in the discrimination prohibited by Section 27.5 of the
Regulations.
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(c) Solicitations for Sub-Contracts, Including Procurements of
~~aterials and Equipment: In all solicitations either by competitive bidding
or negotiation made by the Consultant for work to be performed under a sub-
contract, including procurements of materials and leases of equipment, each
potential sub-contractor or supplier shall be notified by the Consultant of
the Consultant's obligations under this Agreement and the Regulations rela-
tive to non-discrimination on the grounds of sex, race, color, or national
origin.
(d) Information and Reports: The Consultant shall provide al]
information and reports required by the Regulations or directives issued
pursuant thereto, and shall permit access to its books, records, accounts,
other sources of information, and its facilities as may be determined by the
Sponsor or the Federal Aviation Administration to be pertinent to ascer-
tain compliance with such Regulations, orders and instructions. Where any
information required of a Consultant is in the exclusive possession of another
who fails or refuses to furnish this information, the Consultant shall so
certify to the Sponsor or the Federal Aviation Rdministration, as approp-
riate, and shall set forth what effort it has made to obtain the information.
(e) Incorporation of Provisions: The Consultant shall include the
provisions of paragraphs (a) thru (e)in every sub-contract, including procure-
ments of materials and leases of equipment, unless exempted by the Regulations
or directives issued pursuant thereto. The Consultant shall take such action,
with respect to any sub-contract or procurement, and the Sponsor or the Federal
Aviation Administration may direct as a means of enforcing such provisions,
including sanctions for non-compliance; provided, however, that in the event the
Consultant becomes involved in or is threatened with litigation with a sub-
contractor or supplier as a result of such direction, the Consultant may re-
quest the Sponsor to enter into such litigation to protect the interests of
the Sponsor and, in addition, the Consultant may request the United States to
enter into such litigation to protect the interest of the United States.
17. Ho officer, member or employee of the Sponsor, and no other
public official of the governing body of the locality or localities which the
project covers, or in which it is being carried out, who exercises any functions
or responsibilities in the review of or approval of the undertaking or carrying
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out of this project, shall (a) participate in any decision relating to this
Agreement which affects his personal interest or the interest of any corpora-
tion, partnership, or association in which he is, directly or indirectly,
interested, or (b) have any interest, direct or indirect, in this Agreement
or the proceeds thereof.
18. The Consultant shall not assign any interest in the Agreement
and shall not transfer any interest in the same (whether by assignment or
novation) without the prior written consent of the Sponsor thereto; provided,
however, that claims for money due or to become due to the Consultant from
the Sponsor under this Agreement may be assigned to a bank, trust company, or
other financial institution without such approval, Notice of any such assign-
ment or transfer shall be furnished promptly to the Sponsor. Assignee shall
have no right against the Sponsor until receipt of such notice of transfer
by the Sponsor.
19. The Consultant covenants that it presently has no interest and
shall not acquire any interest, direct or indirect, which would conflict
in any manner or degree with the performance of services required to be per-
formed under this Agreement. The Consultant further covenants that in the
performance of this Agreement, no person having such interest shall be
employed.
20. Any reports, information, data, etc., given to or prepared or
assembled by the Consultant under this Agreement which the Sponsor requests
to be kept confidential shall not be made available to any individual or
organization by the Consultant without the prior written approval of the
Sponsor.
21. No member of or delegate to the Congress of the United States
of America, and no Resident Commissioner shall be admitted to any share or
part thereof or to any benefit to arise herefrom.
22. All documentations published as a part of this Agreement shall
carry the following notation:
"This (report, map, documents, etc.) was prepared under an
Airport Master Planning Grant provided by FAA."
s
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23. No reports, maps or other documents produced in whole or in
part under this Agreement shall be subject of an application for copyright
by or on behalf of the Consultant.
24. Notices to the Sponsor shall be deemed given by written notice
personally served, or sent by letter to the City Manager, City of Kerrville,
Texas, addressed: City Hall, 303 Spence St., Kerrville, Texas, 78028, or
such other official address as the Sponsor may from time to time specify.
Notices to Consultant may be in writing, personally served upon the coor-
dinator above specified, or shall be sent by mail to Bovay Engineers, Inc.,
P. 0. Box 8098, Houston, Texas, 77004, Attention Mr. James F. Rea, or to
such other personas as the coordinator may from time to time specify in
writing to the Sponsor.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
at Kerrville, Texas, this 24th day of January 1975.
CITY OF KERRVILL ~EXA~
gy~_
Edward M. Schlieter, Mayor
COUNTY OF KERR, TEXAS
.~. By:
u ius R. Neuni ffer, Kerr Co udge
j'. ATTEST: C~~~~,cX~..~
.' Gene Barton, City Clerk
APPROVED AS TO FORM:
Thomas S. Terrell, City Attorney
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BOVAY ,+N6INEE NC.
Robert E. nson
Vice Pr ent
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ATTEST: ~,, `~
County Clerk and Ex-Officio Clerk of the
Commissioners' Court, Kerr County, Texas
~~-~-~Y of../.(p~~z~A. D. 1 '~7i
. ~MMIE; M. riF nrvno~
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PART IV Exhibit A
' ~ Page. 1 of
PROGRAP1 tJARRATIVE
Objective
The objective of this proposed work program is to create a Master
Plan which will establish the extent, type and nature of development needed
in Kerrville, Texas, to satisfy the area's aviation demand, and to insure
compatibility with the environment, community development,other modes of
transportation, and other airports in the Kerrville area.
II. Benefits
The entire Kerrville area
of the Kerrville Municipal Airport.
facilities to meet aeronautical dem
a more compatible coexistence with
Kerrville Area can benefit from the
to local industry by the airport.
III. Approach
will benefit from the systematic development
Airport users will be assured of adequate
and in the area. Airport neighbors will enjoy
the airport, and all of the residents of the
economic stimulation due to the support given
To accomplish this objective, the work program will
items, which shall be executed in accordance with requirements
of Transportation, Federal Aviation Administration Order 5900.
The work will be phased so as to correspond to the provisions
Administration Advisory Circular No. A/C 150/5070-6, "Airport
February, 1971.
PNASE I AIRPORT REQUIREMENTS
include the following
of the Department
78, and AC l50/5900-
of the Federal Aviat
Master Pions" dated
Inventory existing airport facilities, pertinent area planning efforts,
existing general aviation demands and characteristics, and related histor
information. Work under this section includes accumulation of avaiTabie
data from various public agencies for basic consideration needed in the
forecast of demand, demand capacity analysis, facility requirement deter-
mination, environmental study and site selection. Agencies to be contactE
include, but are not limited to, the Kerrville Airport Commission, the
City of Kerrville, Kerr County, Mooney Aircraft Corporation, Alamo Area
Council of 6overninents, State Highway Department, Airport Tenants, Kerr-
ville Chamber of Commerce, and other organizations who may have already
published information which could be beneficial to the thorough evaluatior
of existing and proposed programs affecting the Airport in Kerrville.
Forecasts of aviation demand, including short, intermediate, and long-
range forecasts of ~ neral aviation traffic.Five-,ten-, and twenty-year
forecasts of general aviation traffic will be made and will include
forecasts of based aircraft types and aircraft movements. Forecasts of
Texas Airport System Plan will 6e revalidated, additional detail will be
provided of local and itinerate operations aircraft mix and the role of
aviation. Owners of aircraft based at the Airport will be contacted
to determine primary uses and destinations.
PHASE I. AIRPORT REQUIREMENTS (CONT'D)
Exhibit A
Page 2 of
Demand/capacity analysis will provide a basis for determination
of facility requirements and project feasibility.
4. Facility requirements determination will determine the
facilities required by the demand/capacity analysis to accomodate
the projected demand.
The environmental study will determine the impact of the airport
upon the environment and on the quality of life in the area and
region. Environmental factors such as noise, air and water
pollution, effects on ecology, impact on parks and wilderness areas,
and conditions or influences which affect like and the deve]opment
of society will be considered. An analysis of these items will be
incorporated into the master plan report to identify the problems
of any such proposed development upon parties and organizations
responsible for the overall corninunity development. The environ-
mental study will be developed in accordance with FAA order 5050-2A.
The environmental impact assessment will include information
to be incorporated into the Master Plan in the following format:
Description of Project:
1. A breakdown of work items. All principal features
will be described.
2. A sketch of the airport to show work items.
3. Identify purpose and needs.
4. Development methods including schedules and project
development.
5. Location and area characteristics will be described.
A description of the area supplemented with area and
vicinity maps will be included.
Public hearings, Community Interests, and Displacement of
persons. Comments of community interests and controversies,
if any, and the requirement for displacing persons wiT] be f
included. A public briefing will be held to present alternative
sites for comparative evaluation prior to final site selection.
When the application is approximately 80% complete and the
information is available for all major features of the application,
a public hearing will be advertised and 'Held to provide opportunity
for the public to support or object to the proposed plan.
A description fo public lands, including a statement regarding
use of public lands.
d. Probable Impact of Airport After Project Completion
1, Airport Configuration, Traffic Patterns, and Safety
Problems. A written description of existing facilities
will be included,
PHASE I. AIRPORT REQUIREP1ENT5 (CONT'D)
Exhibit A
Page 3 of 6
2. Level of Use. Number of aircraft and frequency of use
will be identified.
3. Air, water, noise and visual pollution, including the
effect of traffic patterns and air pollutants. Anticipated
noise contours will be shown on the airfield plan. Both
an Airport Sound Description System (ASDS) and a Composite
Noise Rating (CNR) will be completed,
4. Other effects, including effects on recreational areas,
historical sites, proposed adjacent developments, and
possible population shifts.
5. Summary of airport impact and steps for its minimization,
including all possible adverse effects.
6. Steps to control incompatible development, Standards for
adjacent land use and future developments will be included.
7. Solid waste management. State recommendations and proposed
methods for disposal of ail solids wastes from the airport
operations will be included.
e. Alternatives. Proposed project will be compared with alternatives.
f. Short term use versus long-term productivity.
g. Irreversible and irretrievable commitments of resources.
h. Clearinghouse coordination. All information and request will be
processed through the Alamo Area Council of government for their
approval. Coordination will also include other local, state, and
federal governing bodies, as necessary.
i. Controversies, objections, and other significant comments.
All known items will be listed.
j. Conclusion and recommended action.
PHASE II. SITE SELECTION
Considering the locational advantages and the general ,
terrain conditions of the area it is not envisioned that a new
site will be required. If however, as the result of Phase i, it
is r,'emonstrated that the present site is not adequate nor expandable
to meet the areas needs, Phase II, i.e. site selection, will be the
subject of a supplemental grant application.
Exhibit A
Page 4 of
PHASE III. AIRPORT PLANS
Airport Layout Plan
An Airport Layout Plan will be developed to establish
the configuration of runways, taxiways, and aprons, and to set aside
areas for the establishment of terminal facilities. Runway clear
zones, approach zones, and general airfield requirements are included
on the Airport Layout Plan. This plan will provide for the positive
dimensioning of airfield facilities so the minimum land requirements can
be established, An aerial height restriction map will be included.
Land Use Plan
The Land Use Plan will provide for the analysis and allo-
cation of adequate land for the various airport functions. It will
establish recommended and characteristics and limitations on and
around airport site to assure that future assigned land uses are
compatible with the airport, and as far as possible, with off-airport areas.
The characteristics of various uses will be established and a range of
compatible uses for these land areas listed by each land use classification.
Future expansion of this airport will then be guided to those areas
most suitable for the particular type of expansion.
Terminal Area Plans
The need for terminal and cargo terminal facilities are
established in the Facility Requirement Determination. The Terminal
Area Plans will show the nature of required terminal area, allowing
adequate space for the development of these facilities. Provisions
will be made for adequate access, both from the air side and the
ground side.
4. Airport Access Plans
Without ground access the airport is as limited as f
access from the air is inadequate. Airport access needs will be
established and coordinated with proposed city, county, and state
highways networks, both existing and proposed. Potential interface
between air traffic and ground traffic will be identified and solutions
proposed.
Exhibit A
Paae 5 of
PHASE IV. FINANCIAL PLAN
Schedules of Proposed Develo ment
To satisfy the immediate, as well as future demand for
facilities a schedule of staged development will be prepared on the
basis of short, intermediate, and long-range aeronautical demand
forecasts. The scheduling of each proposed facility will be such that
the facility wi17 be available when required by aviation demands and
growth.
2. Estimates of Developemnt Cost
Estimates of costs for scheduled development will be
prepared on the foregoing staged basis in current dollars. Escalation
of cost in the future will not be~included.
3. Economic Feasibiti
Economic feasibility of the proposed Airport Program of
Development will be determined by estimating revenues expected to
be generated by the airport, and any additional funds which may be
available from local, state and federal governments. This will be
determined for each stage of development scheduled in the Master
Plan. Annual cost will be compared with the projected revenue, and
the economic feasibility determined.
Financing
A study of the available methods of financing and the
most feasible methods of financing wi71 be made. A discussion of
the advantages or disadvantages of each method will be included
for consideration so that the Sponsor of the airport facility can
make the final determination of the methods of financing new or
improved facilities. .
PHASE V. OTHER
Other work includes travel expense, printing, public
hearings, and miscellaneous expenses required for the accomplishment
of the Master Plan study. Soil testing and NASP forms will also be
completed as part of this element.
A public hearing will also be held at the conclusion of
the study to receive and incorporate public reaction to the project.
This hearing will conform to the requirements of AC 150/5100-7A.
IV. Geographic Location
The Master Plan will be completed for the Kerrville
Municipal Airport, located at Kerrville, Texas.
V. Force Account Request
There is no Force account in this project.
VI. Sponsor's Representative
The sponsor will be represented by Mr. Ansil Douthit
whose address is:
Mr. Ansil Douthit (512)-257-5522
City Planager telephone number
600 Main Street
Kerrville, Texas 78028
VII. Resumes of Key Personnel
The study will be performed by Bovay Engineers, Inc.
Resumes of key personnel are contained in the following pages.
r-
~ : OP.DEK 1011 1196 4 ,
dated `-f.i' - ~ 1
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N'~ "
OG~~ the City ° of Kerr
By aVa11e and the County
Kerr
and
govay Engineers> Inc.
1_29-1975
2
tReceived 22nd,C19& ~f
Noven'ber
Kerrville
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