Loading...
1990-0572922L ORDINANCE NO. AN ORDINANCE AMENDING AN AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF DENTON AND FREESE & NICHOLS FOR THE PERFORMANCE OF PROFESSIONAL ENGINEERING SERVICES FOR IMPROVEMENTS AT DENTON MUNI- CIPAL AIRPORT; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Mayor is authorized to execute an agree- ment between the City of Denton and Freese & Nichols for the per- formance of professional engineering services for improvements at Denton Municipal Airport, under the terms and conditions contained in said agreement, which is attached hereto and made a part hereof. SECTION II. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the~A~ day of ~ , 1990. RAY STEP~, MA~O ATTEST: JENNIFER WALTERS, CITY SECRETARY DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 2921L AMENDMENT NO. 2 TO AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF DENTON, TEXAS AND FREESE & NICHOLS WHEREAS, on December 20, 1988, the City of Denton, Texas ("Owner") and Freese & Nichols ("Contractor") entered into an agreement for the performance of professional engineering services for improvements at Denton Municipal Airport; and WHEREAS, the Federal Aviation Administration has requested that the Agreement be amended to include certain requirements relating to access to records and minority business enterprises; NOW, THEREFORE, WITNESSETH ARTICLE I. Owner and Contractor hereby agree that the certain agreement executed between the Owner and Contractor on the 20th day of December 1988, is hereby amended to include the following pro- visions: SECTION XVII. TITLE VI. During the performance of this contract, the Engineer, for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor") agrees as follows: 1. Compliance with Resulations. The Contractor shall comply with the Regulations relative to nondiscri- mination in federally assisted programs of the De- partment of Transportation (hereinafter "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in appendix B of the Regulations. 3. Solicitations for Subcontractors~ Includin~ Pro- curements of Materials and Equipment. In all soli- citations either by competitive bidding or negotia- tion made by the Contractor for work to be performed under a subcontract, including procurements of ma- terials or leases of equipment, each potential sub- contractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to non- discrimination on the grounds of race, color, or national origin. 4. Information and Reports. The Contractor shall pro- vide 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 information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regu- lations, orders, and instructions. Where any in- formation required of a Contractor is in the exclu- sive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance. In the event of the Contractor's noncompliance with the nondiscrimi- nation provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to-- a. Withholding of payments to the Contractor under the contract until the Contractor complies, and/or b. Cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions. The Contractor shall include the provisions of paragraphs 1 through 5 in PAGE 2 every subcontract, including procurements of mate- rials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a Contractor becomes involved in, or is threatened with, liti- gation with a subcontractor or supplier as a result of such direction, the Contractor may request the sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. SECTION XVIII. DISADVANTAGED BUSINESS ENTERPRISE ASSURANCES A. Policy. It is the policy of the Department of Transportation (DOT) that disadvantaged business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the DBE requirements of 49 CFR Part 23 apply to this Agreement. B. Obligation. The Contractor agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to partic- ipate in the performance of contracts and subcon- tracts financed in whole or in part with Federal funds provided under this agreement. In this regard all Contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that dis- advantaged business enterprises have the maximum opportu- nity to compete for and perform contracts. Contractor shall not discriminate on the basis of race, color, national origin or sex in the award and performance of DOT-assisted contracts. SECTION XIX. ACCESS TO RECORDS The OWNER, the Federal Aviation Administration, the Comptroller General of the United States or any of their duly authorized representatives, shall have PAGE 3 access to any books, documents, papers and records of the CONTRACTOR which are directly pertinent to this PROJECT for the purpose of making audit, examination, excerpts, and transcriptions. ARTICLE II. In all other respects, the terms and conditions of the Agreement, as executed by the parties on the 20th day of December, 1988 and amended by Amendment No. 1 executed on the 2nd day of January, 1990, remain in full force and effect. Executed this ~~ day of ~~ , 1990. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY FREESE & NICHOLS ATTEST: SECREyY' ' ' - PAGE 4