A G R E E M E N T
THIS AGREEMENT, by and between the City of Kerrville, Texas, and the
County of Kerr, Texas, hereinafter called "Sponsor", and Motheral 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:
L. The Sponsor hereby engages Consultant and Consultant hereby agrees
to perform services hereinafter described in connection with the Airport
Land Acquisition and Entry Road Relocation, 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. Consul-
tant 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 Che 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
personnel engaged in the project shall be fully qualified and shall be author-
ized 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
appzoval of the Sponsor.
5. Services of the Consultant are to commence as soon as prac[icable
after the execution of this Agreement and shall be undertaken 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 design will include all drawings and narrative devel-
oped in the design as shown in Exhibit "A", all of 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 Para-
graph 2, the total sum of Thirty-eight Thousand Dollars ($38,000.00), 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
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 specifying 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 £or the performance of work items under this
Agreement 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 appli-
cable, 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: The Airport Land Acquisition and
Entry Road Relocation, for the Kerrville Municipal Airport, Kerrville, Texas.
10. A minimum of three formal progress meetings will be held during the
course of the design. 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 pro-
vide 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
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and proper manner its obligations under this Agreement, or if the Consultant
shall violate any of the covenants, agreements, or stipulations of the Agree-
menu, the Sponsor shall thereupon have the right to terminate this Agreement
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,
data, studies, survey, drawings, maps, models, photographs and reports pre-
pared by the Consultant shall, at the option of the Sponsor, become the Spon-
sor'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 writ-
ten 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 Spon-
sor, 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 per-
cent (60%) of the services covered by Chis 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 ex-
penses (not otherwise reimbursed under this Agreement) incurred 6y the Gonsul-
tanC during the Agreement period which are directly attributable to the uncom-
pleted portion of the services covered by this Agreement. If this Agreement
is terminated due to the fault of the Consultant, Paragraph 13 hereon, relative
to termination shall apply.
L5. 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 Cake affirmative action to ensure that
applicants are employed, and that employees are treaCed during employment with-
out regard to their sex, race, creed, color or national origin. Such action
-3-
shall include but not be limited to the following: employment, upgrading, demo-
tion, transfer; recruitment or recruitment advertising, lay-off, ox termination;
rates of pay or other forms of compensation; and selection for training, includ-
ing apprenticeship. The Consultant agrees to post in conspicuous places, avail-
able 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.
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 per-
formed 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 contrac-
tors, including procurements of materials and leases of equipment. The Consul-
tant shall not participate either directly or indirectly in the discrimination
prohibited by Section 21.5 of the Regulations.
(c) Solicitations for Sub-Contracts, IncLudinQ Procurements of Materials
and Equipment: In all solicitations either by competitive bidding or negotia-
tion made by the Consultant for work to be performed under a sub-contract, in-
cluding 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-discrim-
ination on the grounds of sex, race, color, or national origin.
(d) Information and Reports: The Consultant shall provide all information
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and reports required by the Regulations or directives issued pursuant thereto,
and shall permit access to its books, records, accounts, other sources of in-
formation, and its facilities as may be determined by the Sponsor or the Federal
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 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 Feder-
al 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
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 Co
enter into such litigation 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
responsibilities 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 corpora-
lion, partnership, or association in which he is, directly or indirectly, in-
terested, 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
-5-
under this Agreement may be assigned to a bank, trust company, or other finan-
cial institution without such approval. Notice of any such assignment or trans-
fer 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 man-
ner 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 organiza-
tion 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
in part under a Grant provided by FAA.
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 Consultant may be in writing, personally served upon the coordina-
for above specified, or shall be sent by mail to Mothexal 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 Co the Sponsor.
25. This agreement is made in accordance with the Texas State Engineers
Professional Registration Board, 1917 IH-35 South, Austin, Texas.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement at
Kerrville, Texas, this ~~ ~ day of / %'k°m~~-. 19 :~%.
±, . .
ATTEST:
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~~
City Glerk
ATTEST:
CITY OF KERRVILLE, TEXAS
t
~~
H. Lee Jenni gs, Mayor
B•
County Clerk anal Ex-Officio Clerk of
the Commissioners' Court,
Kerr County, Texas
MOTHERAL INDUSTRIES, INC.
By:
R. B. Motheral
President
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COUNTY OF KERR, TEXAS
EXHIBIT "A"
BASIC ENGINEERING SERVICES
The engineering services listed below are considered as basic engineering
services.
1. Preliminar~,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) Completed Airport Paving Design Form.
(B) 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 docianents 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. Design Phase. The engineer after authorization to proceed with the design
phase, shall:
a. Perform the balance of field, topographic, and drainage surveys and
design calculations (not accomplished under Item "e", Preliminary Phase),
required to collect the information needed in the design of the project; the
Engineer will use bench marks in the general vicinity of the work; however,
the Engineer shall plan and direct the balance of tests and surveys classified
as special services including foundation investigations, soil borings and
tests, and property surveys required for the design of the project and not
accomplished under Item "d", Preliminary Phase. Payment for the performance
of these special services will be negotiated separately by the Sponsor.
b. Prepare detailed construction drawings and project specifications.
The design shall combine the application of sound engineering principles
with a high degree of economy. Design standards shall conform to FAA criteria,
Detailed specifications shall be developed from appropriate sections of AC
150J5370-10, "Standards for Specifying Construction of Airports," or other
standards approved for use by the FAA. A copy of standard general provision
instructions to bidders, Department of Labor requirements including wage rates
and FAA requirements will be furnished [o the Engineer for inclusion into the
project specifications.
c. Submit to the FAA Airports District Office two (2 ) advance copies
of the plans and specifications and cost estimate for review. The Engineer
will be advised of any additions or corrections that may be required and when
these documents have been approved, the Engineer will furnish the Owner twenty-five
2( 5) sets of the contract documents for bidding and coordination purposes.
Additional copies will be furnished at a cost of One Hundred Dollars ($100.00)
Eor each set, when requested by the Owner. When information has been inadver-
tently omitted or when field condition or design requirements are changed,
addenda to the advertisement for bids shall be issued.
d. Assist the Owner in the preparation of the Application for Federal
Assistance.
3. Construction Phase. The Engineer after authorization to proceed with con-
struction phase, shall:
a. Conduct a prebid conference, inviting all prospective bidders and
prospective subcontractors, to discuss all aspects and requirements of the
proposed work.
b. Assist the Owner in securing bids and prepare tabulations of bids re-
ceived; submit five (5) copies of the bid tabulation and the Engineer's rec-
commendation for the award of contract to the Owner.
(2-A)
c. Assist the Owner in the execution of all contract documents and fur-
nish the Owner a sufficient number of [he executed documents to satisfy the
needs of the Owner, local, state and other Federal agencies that may be in-
volved in the project.
d. Attend as the Owner's representative and conduct the required precon-
struction conference.
e. Establish base lines as required and perform the duties and discharge
the responsibilities stated in project specifications and establish base lines
as required. The Engineer shall make periodic visits to the site to familiar-
ize himself generally with the progress of the executed work and to determine
if such work generally meets the essential performance and design features and
the technical and functional engineering requirements of the Contract Docu-
ments; provided and except, however, that the Engineer shall not be responsi-
ble for making any detailed, exhaustive, comprehensive or continuous on-site
inspection of the quality or quantity of the work or be in any way responsi-
ble, directly or indirectly, for the construction means, methods, techniques,
sequences, quality, procedures, programs, safety precautions or Lack of same
incident thereto or in connection therewith. Notwithstanding any other pro-
vision of this Agreement or any other Contract Document, the Engineer shall
not be in any way responsible or liable for any acts, errors, ommissions or
negligence of the Contractor, any sub-contractor or any of the Contractor's
or sub-contractor's agents, servants or employees or any other person, firm
or corporation performing or attempting to perform any of the work.
f. Approved job mix formulas, source of materials, shop or working draw-
ings and review and evaluate laboratory testing.
g. Assist the Owner in the inspection of Contractors' operations for
proper classification of workers and review Contractors' payrolls to deter-
mine compliance with the prevailing wage rates.
h. Consult with and advise the Owner during the construction period.
Engineer will submit, when requested by the Owner, written reports to Owner
on the progress of the consCruction including any problem areas that have de-
veloped or are anticipated to develop. In addition, Engineer shall supply to
Owner such periodic reports and information as may be required by FAA.
i. Certify monthly and final estimates for payments to the Contractor.
j. Coordinate with the Resident Project Representative to insure that all
tests required for construction are scheduled and accomplished in a manner
that will not delay the Contractor unnecessarily.
k. Prepare change orders or supplemental agreements, as appropriate, Eor
ordering changes in Che work from that originally shown on the plans and speci-
fications when authorized by the Owner. Payment for this service will be in
addition to that provided in the basic engineering services contract and will
be a matter of separate determination.
1. Deliver to the Owner after compleCion of project, and prior to final
paymenC, all original documentation prepared under this contract including
(3-A)
reproducibles of the "AS-Built" construction plans updated to reflect all
changes. Basic survey notes and sketches, charts, computation, and other
data shall be made available, upon request, to the Owner without restriction
or limitation on their use. In the event that the Owner does not have proper
storage facilities for the protection of the original drawings, the Engineer,
at the Owner's request, will retain the drawings with the provision that they
will be made available without restriction upon written request.
SPECIAL ENGINEERING SERVICES
The Engineer, upon written authorization by the Owner, shall provide the
special services required and agreed to by the Engineer, and to be paid for
by the Owner.
A. These services include but are not limited to the following:
L. Land surveys, and establishment of boundaries and monuments, and
related office computations and drafting.
2. Preparation of property or easement descriptions.
3. Preparation of any special reports required for marketing of bonds.
4. Appearances before regulatory agencies.
5. Assistance to the Owner as an expert witness in any litigation
with third parties, arising from the development or construction of the project.
6. Soil and foundation investigations, including field and Laboratory
tests, borings, related engineering analyses, and recommendations.
7. Travel and subsistence required of the Engineer and authorized by
the Owner to points other than Owner's office and project site.
8. Additional copies of reports, specifications, or drawings (over
previously agreed number).
4. Preparation of Environmental Impact Assessment Reports or Nega-
tive Declarations, as appropriate, and assistance to Owner in preparing for,
and attending, public hearings.
10. Preparation of new airport layout plan.
11. Preparation of new or revised Airport Zoning Map.
12. Preparation of Property Map.
13. Resident Project Engineer.
B. The fee for Special Engineering Services shall be as Follows:
Engineering $SOJhr.
Technician $32/hr.
Drafting $20/hr.
Administrative $12/hr.
Survey @ $45/crew hr. plus travel one way.
Other Travel @ $.30/mi.
All other costs shall be cost plus 10%.
(4-A)
Between City of Kerrville and
County of Kerr and Motheral
Industries, Inc.,
Re: Airport Land Acquisition
& Entry Road Relocation
Re: Order No. 14506
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By
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:~
ORDER N0. 14506
APPROVAL OF CONTRACT WITH MOTHERAL INDUSTRIES FOR
ENGINEERING SERVICES FOR AIRPORT IMPROVEMENTS
On this the 9th day of November 1981, upon motion made
by Commissioner Holland, seconded by Commissioner Speakmon,
the Court unanimously approved a Contract with Motheral
Industries for Engineering Services in the amount of
$38,000.00, for Airport Land Acquisition and Entry Road
Relocation, subject to concurrence by the City of Kerrville
and approval by Federal Aviation Administration and Texas
Areonautics Commission.

October 22, 1981
Mr. Julius Neunhoffer
County Judge-Kerr County
Kerr County Courthouse
Kerrville, TX 18028
RE: Kerrville Municipal, Airport, Proposed Contract
Engineering Agreement
Dear Judge:
Transmitted herewith are the following items which pertain to
the current Master Plan project at the Airport:
pi
1. Memo from Director of Public Works giving
favorable recommendation of Kerrville-Kerr
County Joint Airport Advisory Board in regard
to proposed contract with Mr. Bruce Motheral.
2. Copy of proposed agreement.
3. Sketch showing general location.
E'TY OF KEgH MLLE, TEXAS
You will note that the agreement reflects a total amount of
$38,000 in payment for services; however, we have already
received the benefits of $20,000 in Contract Services for
which the engineer has already been paid. Reason for the
$38,000 included in the current agreement is to make pro-
vision for future reimbursement.
It is our plan to have this item on the City Council regular
Agenda of November 10, 1981. It would be appreciated if your
Commissioner's Court will make parallel consideration at your
next meeting, which I understand would be November 9. As in
other Airport related consideration, it is suggested that the
action of both governmental bodies should be made subject to
ultimate approval by FAA and TAC.
Your cooperation is appreciated.
Sincerely,
J. Louis Odle
City Manager
CITY OF KERRVILLE
rb
cc Calvin Neely, Director Public Works
Sf2 ~ 257 ~ 8000 KERRVILLE, TEXAS 78028
lj i z-K. df1 ~ fdGV. / 0.
M E NS O
TO: J. Louis Odle,
City Manager
FROM: Calvin L. Neely,
Director of Public Works
SUBJ: Motheral Industries Agreement
(Airport)
The Kerrville-Kerr County Joint Airport Advisory Board met in
a Special Meeting, Thursday, October 15, 1981, 5:00 P,M. and
approved the Engineering Agreement presented by Mr. Bruce
Motheral of Motheral Industries, Austin, Texas.
The Agreement states Motheral Industries agrees to perform
services described in connection with the Airport Land Acquisition
and Entry Road Relocation, for the Kerrville Municipal Airport,
Kerrville, Texas.
At this time, the Airport Advisory Board would like for the
City Council and County Commissioners to consider approving
this agreement, pending the Federal Aviation Administration
and Texas Aeronautic Commission approval.
Resp~ectf~ully submitted,
Ca'7virY L eel , ~
Director of Public Wfl'Yk
CLN:eb