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1985-0431005L NO 9-6-- '13 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF DENTON AND CHARLES WILLIS & ASSOCIATES, INC , FOR PROFESSIONAL CONSULTING SERVICES REGARDING AN AIRPORT MASTER PLANNING STUDY, AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT, APPROVING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Denton, Texas has received a grant from the Federal Aviation Administration for a Master Plan Update and Environ- mental Impact Assessment for the Denton Municipal Airport, and WHEREAS, the City staff and the Airport Board has recommended that the professional consulting firm of Charles Willis & Associates, Inc , be retained for the project, and WHEREAS, Section 2 09 of the Charter of the City of Denton, Texas requires that every act of the Council providing for the expenditure of funds or for the contracting for indebtedness shall be by ordi- nance, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the contract with Charles Willis & Associates, Inc , attached hereto and made a part hereof, for professional consulting services in connection with the preparation of the Denton Municipal Airport Master Plan and related documents is hereby approved and the Mayor is hereby authorized to execute the contract on behalf of the City SECTION II That the expenditure of funds in the manner and amount as specified in the attached contract is hereby approved SECTION III That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the jt: day of 1985 e4 Y R CITY OF DENTON, TEXAS ATTEST , `lac, RAIN CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM JOE D MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS BY ~ W ~-✓Y l~f STATE OF TEXAS CONSULTING SERVICES AGREEMENT COUNTY OF DENTON THIS AGREEMENT made, entered into and executed this day of , 1985, by and between the City of Denton Texas, a municipal corporation organized and existing under the laws of the State of Texas and situated in Denton County, Texas, acting through authority conferred on Mayor, hereinafter called "Sponsor" and Charles Willis & Associates, Inc hereinafter called "Consultant" WHEREAS, the SPONSOR desires to undertake an Airport Master Plan, study for Denton Municipal Airport, hereinafter called the PROJECT, WHEREAS, the SPONSOR desires to obtain professional consulting services in connection with the PROJECT, such services to include those presented in the Program Narrative attached hereto, WHEREAS, the CONSULTANT is qualified and capable of performing the services proposes herein, is acceptable to the SPONSOR, and is willing to enter an agreement with the SPONSOR, to perform such ser- vices, NOW, THEREFORE, be it resolved, that the parties hereto do mutually agree as follows ARTICLE 1 EMPLOYMENT OF THE CONSULTANT 1 1 The SPONSOR agrees to retain the CONSULTANT, and the CONSULTANT agrees to perform consulting services in connection with the PROJECT as set forth in the following sections The SPONSOR agrees to pay, and the CONSULTANT agrees to accept fees as specified in sections following as full and final compensation for the work accomplished 1 1 2 It is expressly agreed that CONSULTANT shall not begin work on the services described in this Agreement until City has re- ceived written notification from the Federal Aviation Association that funding for PROJECT has been approved It is further agreed that the effective date of this Agreement shall be the date City receives said notification of FAA approval ARTICLE 2 CONSULTANT SERVICES 2 1 BASIC SERVICES 2 1 1 The CONSULTANT agrees to perform services in connection with the PROJECT as hereinafter stated, which services are described in the attached Program Narrative consisting of thirteen tasks, said services to include the stipulations within the AGREEMENT, 2 1 2 The CONSULTANT shall serve as the SPONSOR's professional representative in the effort described in said Program Narrative attached hereto and made a part hereof, and shall give consultation and advice to the SPONSOR during the performance of his services 2 1 3 Consultant shall make written reports to SPONSOR as described in the Program Narrative attached hereto and incorporated herein ARTICLE 3 SPECIAL SERVICES 3 1 GENERAL 3 1 1 The CONSULTING services set forth hereinafter as Special Services are not included as part of the services to be provided by the CONSULTANT under ARTICLE 2 It is recognized that the elements of such consulting work cannot be accurately predetermined or controlled entirely by the CONSULTANT Therefore, such work will be performed as Special Services 3 12 The CONSULTANT will furnish Special Services only when authorized by the SPONSOR in writing 3 1 3 Special Services include investigations, tests, sampling, surveys or other services not otherwise delineated in the Program Narrative which are required during the course of work to be per- formed 3 1 4 Special Services shall include the publication of a summary ("popular") report which shall be a brief, non-technical graphic representation of the proposed development, primarily intended for public distribution ARTICLE 4 COMPENSATION 4 1 PAYMENT FOR ARTICLE 2 SERVICES 4 1 1 The fee for services described in Article 2 shall be a lump sum amount and shall be full compensation for all items of work defined therein For these services, the CONSULTANT will be paid the sum of $38,546 00 The billing period for said services will be calendar months The lump sum amount does not include payment for Special Services listed in Article 3 41 2 Partial payment shall be made to the CONSULTANT from time to time upon presentation of statements for such services to the SPONSOR In no case shall partial payment items be in excess of the value of the services compiled at the time a statement is rendered 4 2 PAYMENT FOR ARTICLE 3 SERVICES Payment for services described in Article 3 shall be computed on the basis of hourly rates for man power classifications as follows MAN POWER HOURLY CLASSIFICATIONS RATE Principal 66 00 Sr Planner 48 00 Sr Engineer 40 00 Technician 28 00 Clerical 17 50 Direct Non-Labor Expenses incurred as a result of Special Services shall be reimbursable at actual invoice Direct Non-Labor Expenses are defined as all non-labor expenses incurred by the CONSULTANT which are directly chargeable to the PROJECT, which in general include expenses for suppliers, transportation, equipment, travel, communications, subsistence and lodging away from home, field office expenses, reproduction and similar incidentals 4 3 ADDITIONAL COPIES OF PRINTED DOCUMENTS Additional copies of the report in excess of those specified in the Program Narrative shall be furnished to the SPONSOR upon request to the CONSULTANT, and shall be paid for by the SPONSOR at actual invoice cost to the CONSULTANT plus 108 4 4 PAYMENT TO CONSULTANT All payments for services rendered pursuant to this Agreement by the CONSULTANT shall be paid within ninety (90) days after invoice date ARTICLE 5 PERIOD OF SERVICE 5 1 Tasks 1-11 shall be completed as described in the attached Program Narrative which is attached and included herein 5 2 Modification of the Work Schedule shall be made only by written modification of this Agreement signed by SPONSOR and CONSULTANT ARTICLE 6 SERVICES BY THE SPONSOR 6 1 In general the SPONSOR and its representatives will render services as follows a The SPONSOR shall guarantee access to and make all provisions for the CONSULTANT to enter upon public and private lands as required for the CONSULTANT to perform services in the development of the PROTECT b The SPONSOR shall provide or make available all available statistical data and other information which may be required by the CONSULTANT in order to perform the technical and analytical work described in the Technical Proposal attached hereto c The SPONSOR shall give thorough consideration to all reports, sketches, estimates, drawings, specifications, proposals, and other documents presented by the CONSULTANT, and shall inform the CONSULTANT of all decisions within a reasonable time so as not to delay the work of the CONSULTANT d The SPONSOR shall hold promptly all required special meetings, serve all required public and private notices, receive and act upon all protests and fulfill all requirements necessary in the development of the PROJECT, and pay all costs incident thereto e The SPONSOR shall furnish the CONSULTANT with a copy of any design and construction standards he shall require the CONSULTANT to follow in the course of work f The SPONSOR shall designate a single person to act as SPONSOR's Representative with respect to the work to be performed under this AGREEMENT The person designated as SPONSOR's Representative shall have complete authority to transmit instructions, receive information, interpret and define SPONSOR's policy and decisions, with respect to the elements and systems pertinent to the work covered by this AGREEMENT 6 2 The services, information, surveys, and reports required by Paragraph 6 1, a through f inclusive, shall be furnished at the SPONSOR's EXPENSE, and the CONSULTANT shall be entitled to rely upon the accuracy and completeness thereof ARTICLE 7 SPECIAL CONSIDERATIONS OWNERSHIP OF DOCUMENTS Original drawing and documents shall become the property of the SPONSOR, and will be delivered to the SPONSOR upon completion of the study Reproductions of them may be used by others upon written consent of the SPONSOR, however, the CONSULTANT shall have no liability for the accuracy or completeness of the document after they have been delivered into the custody of the SPONSOR ARTICLE S ASSIGNMENT This AGREEMENT shall not be assignable in whole or in part without the written consent of the other party ARTICLE 9 EQUAL OPPORTUNITY The CONSULTANT agrees to conform to the STANDARD DOT TITLE VI ASSURANCES, and agrees not to discriminate against any employee or applicant for employment because of race, religion, color, sex, age or national origin ARTICLE 10 TERMINATION OF CONTRACT In connection with all work outlined or contemplated above, it is agreed that the SPONSOR or the CONSULTANT may cancel or terminate this AGREEMENT upon thirty (30) days written notice to the other, with the provision and understanding that immediately upon receipt of notice of such cancellation from either party to the other, all work and labor being performed under this AGREEMENT shall immediately cease, pending final cancellation at the end of such thirty (30) day period, and fur- ther provide that the CONSULTANT shall be compensated in accordance with the terms of this AGREEMENT for all work accomplished prior to the receipt of notice of such termination ARTICLE 11 VENUE Venue and jurisdiction of any suit, right or cause of action arising under or in connection with this AGREEMENT shall be exclusively in Denton County, Texas ARTICLE 12 CONTRACT EXE)C.'UTION IN WITNESS WHEREOF, the City of Denton, Texas has caused these presents to be executed by its Mayor and attested by its Secretary and executed by CHARLES WILLIS & ASSOCIATES, INC, through its President THE CITY OF DENTON CHARLES WILLIS & ASSOCIATES, INC ~ BY BY + , ATTEST