ORDER NO. 14959
ORDER RATIFYING AUTHORITY FOR COUNTY JUDGE TO EXECUTE AGREEMENT
BETWEEN CITY OF KERRVILLE, KERR COUNTY, AND MOTHERAL INDUSTRIES, INC.
FOR ENGINEERING SERVICES IN CONNECTION WITH AIRPORT RUNWAY REWORK
AND OVERLAYING
On this the 1st day of March, 1983, came on to be
heard and considered the matter of ratifying authority for County
Judge Gordon S. Morriss to execute an agreement between City
of Kerrville, Kerr County and Motheral Industries, Inc. for
engineering services in connection with City-County Airport runway
rework and overlaying; and it appearing to the Court that the
City of Kerrville and Motheral Industries, Inc. have previously
executed said agreement and that it would be in the best interest
of all parties to ratify the execution by County Judge Gordon S.
Morriss, it is ordered on motion by Commissioner Holland
seconded by Commissioner Lich and unanimously
approved by the Court that the signature of County Judge Gordon S.
Morriss on the agreement between the City of Kerrville, Kerr
County and Motheral Industries, Inc. for engineering services
as set out in the agreement on file, for a total sum of $28,000.00,
be in all things ratified, and that the County Clerk be ordered
to forward a certified copy of this ratification order to the
City Manager, Kerrville, Texas.
~~'_~
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:
1. The Sponsor hereby engages Consultant and Consultant hereby agrees
to perform services hereinafter described in connection with the Airport Run-
way Rework and Overlaying, for the Louis Schreiner Field, Kerrville, Kerr
County, 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. Con-
sultant 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 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
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
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 undertaken and pursued in
such sequence as to assure their timely completion.
6. The costs of the design will include all drawings and narrative de-
veloped 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
Paragraph 2, the total sum of Twenty Eight Thousand Dollars ($28,000.00)
which will constitute full and complete compensation for the services
described herein. From time to time, during the performance of this con-
tract (but in no event more often than monthly), the Consultant shall cer-
tify and itemize the engineering services performed and the total percent-
age of the engineering work accomplished. A written review of the progress
made on the project during the billing period will be submitted to the
Sponsor. Upon the receipt of such billing, the City shall then pay to
Consultant ninety percent (90%} of such amount billed. Upon final comple-
tion by Consultant, of the services described in Exhibit "A", then the
remaining amount of the contract price shall be paid.
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 at 2105 Justin Lane, Suite 111,
Austin, Travis County, Texas, 78757.
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
Louis Schreiner Field is as follows: The Airport Runway Rework and Overlaying,
for the Louis Schreiner Field, Kerrville, Kerr County, Texas.
10, Progress meetings will be held during the course of the design.
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 re-
port 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,
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
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shall violate any of the covenants, agreements, or stipulations of the Agree-
ment, 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 docu-
ments, 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 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
Sponsor, become its prpperty. 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 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 ex-
penses (not otherwise reimbursed under this Agreement) incurred by the Consul-
tant 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.
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
applicants are employed, and that employees are treated during employment with-
out regard to their sex, race, creed, color or national origin. Such action
shall include but not be limited to the following: employment, upgrading,
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demotion, transfer; recruitment or recruitment advertising, lay-off, or termi-
nation; rates of pay or other forms of compensation; and selection for train-
ing, 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-discrimi-
nation clause. The Consultant will, in all solicitations or advertisements
for employees placed by or on behalf of the Consultant, state that all quali-
fied 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 Fed-
eral Regulations, Part 21, as they may be amended from time to time (herein-
after referred to as "the Regulations"), which are herein incorporated by ref-
erence 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-
contractors, including procurements of materials and leases of equipment.
The Consultant shall not participate either directly or indirectly in the dis-
crimination 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 negotia-
lion 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-discrimi-
nation 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) Incorooration of Provisions: The Consultant shall include the pro-
visions of paragraphs (a) thru (e) in every sub-contract, including procure-
meets 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 Stales to
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 Che 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-
tion, 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,
[hat claims for money due or to become due to the Consultant from the Sponsor
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under this Agreement may be assigned [o 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.
l9. 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 Eur[her covenants that in the performance of
this Agreement, no person having such intexes[ 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 [o 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; ~~Thia (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 Eor 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 coordtna-
for above specified, or shaii 6e sent by mail to Motheral Industries, Inc.,
2105 Justin Lane, Suite 111, Austin, Texas 78757, Attention: Mr. R. B.
Motheral, or to such other persons as the coordinator may from time to time
specify in writing to 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 Agreemen[ at
Kerrville, Texas, this ~ ~ day of 19_~'~'.
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ATTEST:
CITY OF KERRVILLE, TEXAS
By • L~ :~ut~/~.~
Davi Calk, Mayor
COUNTY
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By:
n S. F{orriss~; Kerr County Judge
.~S ~i e.'~a ,< ram City Clerk
ATTEST:
`~~, Courtt§~~Cderk and Ex-Offic' Clerk of
the Commissioners' Court,
Kerr County, Texas
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MOTHERAL INDU/STiRIES, INC.
By: ~?;G~~/ --
R. B. Motheral, P.E.
President
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EXHIBIT "A"
BASIC ENGINEERING SERVICES
The engineering services listed below are considered as basic engineering
services.
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. 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,
d. prepare a preliminary report to include the following;
(1) Site investigation.
(2) Topographic and field surveys and reconnaissance as necessary.
(3) A list and justification for use of specifications and/or mate-
rials that are not in accord with mandatory FAA standards.
(4) Completed Airport Paving Design Form.
(5) Preliminary sketches, layouts or centerline profiles, as neces-
sary.
(6) Summary of testing requirements for this project.
e. Assist the Owner in the preparation of the appropriate documents for
Federal funding including the following supporting documentation;
(1) Satisfaction of Public Hearing requirements.
(2) A-95 clearinghouse coordination comments if applicable.
g. Furnish the Owner with the following documents:
Five (5) copies of preliminary report.
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 "d", Preliminary phase),
(1-A)
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 accomplish-
ed under Item "c", 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. De-
tailed specifications shall be developed from appropriate sections of AC 150/
5370-10, "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 re-
quirements will be furnished to 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 (25) sets of the contract documents for bidding and coordination purposes.
Additional copies will be furnished at a cost of One Hundred Dollars ($100.00)
for each set, when requested by the Owner. When information has been inadver-
tently omitted or when field condition or design requirements are changed, ad-
denda to the advertisement for bids shall be issued.
3. Construction Phase. The Engineer after authorization to proceed with con-
struction phase, shall:
a. Conduct a prebid conference, inviting all prospective bidders and pro-
spective 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 a copy of the bid tabulation and the Engineer's recommendation
for the award of contract to the Owner.
c. Assist the Owner in the execution of all contract documents and furnish
(2-A)
[he Owner a sufficient number of the executed documents to satisfy the needs
of the Owner, local, state and other Federal agencies that may be involved 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. The Engineer shall
make periodic visits to the site to familiarize himself generally with the pro-
gress 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 Documents: provided and except, how-
ever, that the Engineer shall not be responsible for making any detailed, ex-
ha ustive, comprehensive or continuous on-site inspection of the quality or
quantity of the work or be in any way responsible, 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 provision 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 subcon-
tractor or any of the Contractor's or subcontractor's agents, servants or em-
ployees or any other person, firm or corporation performing or attempting to
perform any of the work.
f. Approve 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 construction including any problem areas that have developed
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
(3-A)
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, for
ordering changes in the 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 completion of project, and prior to final
payment, all original documentation prepared under this contract including
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 Onwer's request, will retain the drawings for a period of at least two
years after project is completed, 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;
1. 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.
(4-A)
8. Additional copies of reports, specifications, or drawings (over
previously agreed number).
9. Preparation of Environmental Impact Assessment Reports or Nega-
five Declaration, 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 $50/hr.
Technician $32/hr.
Drafting $20/hr.
Administrative $12/hr.
Survey @ $45/crew hour plus travel one way.
Other travel @ $.30/mile.
All other costs shall be cost plus 10%.
(5-A)
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February 23, 1983
Judge Gordon S, Morriss
County Judge
Kerr County Courthouse
Kerrville, TX 78028
REFEREfdCE: Airport Engineering Contracts
Dear Judge:
K
OTV OF KERRVILLE, TE%A!
Returned herewith are four quadruplicate copies
of the proposed agreement between City/County
and Motheral Industries, Inc., for engineering
services in connection with Airport runway
rework and overlaying, for the Louis Schreiner
Field, Kerrville, Kerr County, Texas.
You will note that we have revised these con-
tracts to reflect a different name for the
designation of the Airport, as per our previous
conversations. You have the fifth copy of this
document. Upon approval by the County Commis-
sioners' Court, please return the four documents
for further handling.
We appreciate your cooperation.
incerely,
~ ~_ L_
J. Louis Odle
City Manager
bg
Enclosures
cc: Calvin L. Neely
Director of Public Works
512 ~ 257 ~ 8000 KERRVILLE, TEXAS 78028
Order No. 14959
ORDER RATIFYING AUTHOP.ITY FOR
COUNTY JUDGE TO EXECUTE AGREEMENT
BETWEEN CITY OF KERRVILLE, KERR
COUNTY, AND MOTHERAL INbi?STRIES,
INC. FOR ENGINEERITdG SERVICES IN
CONNECTION ?aITH AIP.PORT R?JN?~?AY
REFIORK AND OVERLAYI:JG
3-1-1933

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