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
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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' ' ' -
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