A G R E E M E N T l/ /~ ~ "'
THIS AGREEMENT, by and between the City of Kerrville, Texas, and the
County of Kerr, Texas, hereinafter called "Sponsor", and Mother al Industries,
Inc., a Texas corporation with its principal office in Austin, Texas, herein-
after 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 Land
Acquisition for Runway Extension for the Kerrville Municipal Airport, Kerrville,
Texas.
2. The work to be performed will be in accordance with the Scope of Ser-
vices 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 accomplishment
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 here-
under will be performed by the Consultant or under its supervision and all per-
sonnel 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 commerce as soon as practicable
after the execution of this Agreement and shall be undertaken and pursued in
such sequence as to assure their timely completion. All services required here-
under shall be completed within six (6) months from the date the Notice to Pro-
ceed is issued.
6. The costs of the project will include all drawings and narrative devel-
oped in the project as shown in Exhibit "A", all of which will be provided to
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the Sponsor upon completion of the work to be performed.
7. The Sponsor will pay to the Consultant for all work covered in Para-
graph 2, the total sum of Thirty Thousand Dollars ($30,000.00), which will con-
stitute 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 completed and formal
acceptance of the work has been made by the Sponsor. The amount to be paid at
each interval will be billed at the end of each month by the Consultant specify-
ing work that has been accomplished for which payment is requested. A written
review of the progress made on the project 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 Agree-
ment shall be made to said Consultant at 816 West First Street, Austin, Travis
County, Texas 78703.
9. The terms and conditions of the Grant Agreement, hereinafter set out,
between the Federal Aviation Administration and the Sponsor are, when applicable,
binding upon the Consultant as they are upon the Sponsor. However, the FAA is
in no way obligated to the Consultant.
10. A minimum of three formal progress meetings will be held during the
course of the project. Those in attendance at each meeting will include repre-
sentatives 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 cur-
rent status of the project in sufficient detail to enable the Sponsor to provide
the required bi-monthly report to the FAA.
12. Consultant will also complete all NASP forms as directed and required
by the FAA. Consultant agrees that all work on this project will be performed
in accordance with Advisory Circular 150/5100-9.
13. If, through any cause, the Consultant shall fail to fulfill in timely
and proper manner its obligations under this Agreement, or if the Consultant
shall violate any of the covents, agreements, or stipulations of the Agreement.
The Sponsor shall thereupon have the right to terminate this Agreement by giving
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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 termina-
tion. 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 termination.
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, how-
ever, that if less than sixty percent (60J) of the services covered by this Agree-
ment have been performed upon the effective date of such termination, the Consul-
tant shall be reimbursed (in addition to the above payment) for that portion of
the actual out-of-pocket expenses (not otherwise reimbursed under this Agreement)
incurred by the Consultant during the Agreement period which are directly attrib-
utable to the uncompleted portion of the services covered by this Agreement. If
this Agreement is terminated due to the fault of the. Consultant, Paragraph 13
herein, relative to termination shall apply,
15. In carrying out the work, the Consultant will not discriminate 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 appli-
cants 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
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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 Con-
sultant, state that all qualified applicants will receive consideration for em-
ployment without regards to race, creed, color, or national origin. The Consul-
tant will incorporate the foregoing requirements of this paragraph in all sub-
contracts for services covered by this Agreement.
16. During the performance of this Agreement, the Consultant for itself,
its assignees and successors in interest (hereinafter referred to as the "Con-
sultant") 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 re-
ferred to as "the Regulations"), which are herein incorporated 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, in-
cluding procurements of materials and leases of equipment. The Consultant shall
not participate either directly or indirectly in the discrimination prohibited
by Section 21.5 of the Regulations.
(c) Solicitations for Sub-Contracts, Including Procurements of Materials
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 relative to non-discrimination on the
grounds of sex, race, color, or national origin.
(d) Information and Reports: The Consultant shall provide all information
and reports required by the Regulations or directives issued pursuant thereto,
and shall permit access to its books, records, accounts, other sources of infor-
mation, and its facilities as may be determined by the Sponsor or the Federal
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Aviation Administration to be pertinent to ascertain compliance with such Regu-
lations, orders and instructions. Where any information required of a Consul-
tant is in the exclusive possession of another who fails or refused to furnish
this information, the Consultant shall so certify to the Sponsor or the Federal
Aviation Administration, as appropriate, and shall set forth what effort it has
made to obtain the information.
(e) Incorporation of Provisions: The Consultant shall include the pro-
visions of paragraphs (a) thru (e) in every sub-contract, including procurements
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 Avia-
tion 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 request 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 liti-
gat ion to protect the interest of the United States.
17. No 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 re-
sponsibilities in the review of or approval of the undertaking or carrying out
of this project, shall (a) participate in any decision relating to this Agreement
which affects his personal interest or the interest of any corporation, partner-
ship, 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 insti-
tution without such approval. Notice of any such assignment or transfer shall
be furnished promptly to the Sponsor. Assignee shall have no right against the
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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 performed 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 assem-
bled 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: "A portion of this project was funded by the United States
Department of Transportation, Federal Aviation Administration, under the Airport
Development Aid Program.~~
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 per-
sonally served, or sent by letter to the City Manager, City of Kerrville, Texas,
addressed: City Hall, 600 Main Street, Kerrville, Texas 78028, or such other
official address as the Sponsor may from time to time specify. Notices to Con-
sultant may be in writing, personally served upon the coordinator above specified,
or shall be sent by mail to Motheral Industries, Inc., 816 West First Street,
Austin, Texas 78703, Attention: Mr. R. B. Motheral, or to such other persons
as the coordinator may from time to time specify in writing to the Sponsor.
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IN WITNESS WHEREOF, the parties ~~reto have executed this Agreement at
_- ~ fU ,~G
Kerrville, Texas, this day of ~ , 19
CITY OF KERRVILLE, TEXAS
~ ,-
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By. ~ l~i~ , ` ~s~~'at~
Manly W. ooper, Jr , M o
COUNTY OF KERR, TEXAS
By
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w '. ~:
ATTEST: ~,-c~,
i%9~LC.t~P~.~o: a /~
City Clerk
AT7 `~,S~f ° ~'
. , ~ .,
-County Clerk and Ex-Officio Clerk of
the ~Cominissioners' Court,
Kerr County, Texas
MOTHERAL INDUSTRIES, INC.
By:~
R. B. Motheral
President
-~-
EXHIBIT "A"
BASIC ENGINEERING SERVICES
The engineering services listed below are considered as basic engineering ser-
vices.
1. Preliminary Phase. The Engineer shall:
a. Serve as the Owner's representative in the preliminary phase of the
project and furnish consultation and advice to the Owner during the perfor-
mance of this service.
b. Attend, alone or accompanied by the Owner, preliminary conferences
with local officials, state and Federal agencies, utility companies and others
regarding the proposed project, its general design, functions, and impact.
c. Update layout plan.
(1) Development requested this project
(2) Existing development not shown on previous FAA approved layout
plan.
d. Assist the Owner in ordering and directing the accomplishment of such
special services as soil borings, materials tests, and Land surveys as may be
necessary to accomplish preliminary report.
e. Prepare a preliminary report to include the following:
(1) Justification for each major item of development requested.
(2) Provide general economic analysis of Owner's requirements that
may be applicable to various alternates.
(3) Site investigation.
(4) Topographic and field surveys and reconnaissance as necessary.
(5) A list and justification for use of specifications and/or mate-
rials that are not in accord with mandatory FAA standards.
(6) An itemized cost estimate which includes estimated construction
costs, contingencies, compensation for professional services and any associa-
ted projects costs.
(7) Preliminary Airport Runway Extension, including Glideslope re-
quirements.
(8) Preliminary sketches, layouts or centerline profiles, as neces-
sary.
(9) Summary of testing requirements for this project.
f. Assist the Owner in the preparation of the appropriate documents for
Federal funding including the following supporting documentation:
(1) Airport layout sketch indicating each item requested with appro-
priate legend.
(2) Statement regarding displacement of any person involved.
(3) Relocation and land acquisition assurance, if applicable.
(4) Environmental Impact Assessment Report or Negative Declaration.
(5) Satisfaction of Public Hearing requirements.
(6) A-95 clearinghouse coordination comments.
(1-A)
g. Furnish the Owner with the following documents:
(1) Five (5) copies of appropriate documents for Federal funding,
including supporting documentation.
(2) Five (5) copies of preliminary report.
(3) Eight (8) copies of airport layout plan.
2. Final Phase. The engineer after authorization to proceed with the final
phase, shall:
a. Perform the banance of field, topographic, and drainage surveys and
calculations (not accomplished under Item "e", Preliminary Phase), required
to collect the information needed in the layout of the project; the Engineer
will use bench marks in the general vicinity of the work; however, the Engi-
neer shall plan and direct the balance of tests and surreys classified as
special services including foundation investigations, soil borings and te__=ts,
and property surveys required for the balance of the project and not accom-
plished under Item "d", Preliminary Phase.
b. Prepare detailed plat of the Land to be acquired. Land requirements
will be determined by the design standards of the FAA as illustrated in the
AC 150/5370-10, "Standards for Specifying Construction of Airports," or other
standards approved for use by the FAA.
c. Submit to the sponsor for the FAA Airports District Office five (5)
advance copies of the plans and specifications anc cost estimate for review.
The Engineer will be advised of any additions or corrections that may be re-
quired and when these documents have been approved, the Engineer will furmish
the Owner twenty (20) sets of the completed documents. Additional copies will
be furnished at a cost of Twenty-five Dollars ($25.00) for each set, when re-
quested by the Owner. When information has been inadvertently omitted or when
field condition or design requirements are changed, addenda to the advertise-
ment for bids shall be issued.
d. Assist the Owner in the preparation of the Application for Federal
Assistance.
(2-A)
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