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
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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
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BY
BY +
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ATTEST