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1986-1421S09L NO V AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF DENTON, TEXAS, AND W P WILLS CONSULTING ENGINEERS TO PROVIDE ENGINEERING SERVICES FOR AIRPORT IMPROVEMENTS, APPROVING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Denton, Texas wishes to enter into a contract with W P Wills Consulting Engineers to provide for engineering services for airport improvements, and WHEREAS, the Code of Ordinances requires that the City Council approve all expenditures of $10,000 or more, and WHEREAS, Section 2 09 of the City Charter requires every act of the Council providing for the expenditure of funds or for the contracting of indebtedness shall be by ordinance, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Council approves, and the Mayor and City Secretary are hereby authorized and directed to execute and attest, respectively, the agreement between the City of Denton and W P Wills Consulting Engineers, providing for engineering services for airport improvements under the terms and conditions contained in said agreement attached hereto SECTION II That the City Council authorizes the expenditure of funds in the manner and amount as specified in the agreement SECTION III That this ordinance shall become effective immediately upon its passage and approval 7L PASSED AND APPROVED this the 16 day of ATTEST C ARLEN,WCT RETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM JOE D MORRIS, ASSISTANT CITY ATTORNEY CITY OF DENTON, TEXAS BY 1986 CONTRACT FOR ENGINEERING SERVICES THE STATE OF TEXAS i COUNTY OF DENTON ➢ The City of Denton, hereinafter called "City", and W P Wills Consulting Engineers, hereinafter called "Engineer", agree as follows I SERVICES TO BE PERFORMED The Engineer hereby agrees, at his own expense, to perform all engineering services necessary to properly develop studies, designs, and plans and specifications on the following airport paving improvements at the Denton Municipal Airport A. Airport Paving Project Survey, design and provide construction admin- istration for the following improvements 1 Two access taxiways 730' X 30' with a weight bearing capacity of 30,000 lbs. 2. One access taxiway 1140' X 30' (500' with a weight bearing capacity of 30,000 lbs and 640' with a weight bearing capacity of 12,500 lbs) 3 One 10,000 sq ft helipad with a 25' X 50' connecting taxiway to the existing apron 4 One 25,000 sq. ft aircraft holding apron with a weight bearing capacity of 30,000 lbs The City has budgeted $251,600 for this work which includes construction costs, Engineer's fees contingencies, testing, inspection services and related expenses The City has received Federal assistance for the paving improvements through the Federal Aviation Administration under AIP 3-48-0067-03 Compliance with the following Federal Regulations will be required 1 Airport and Airway Improvement Act of 1982 as amended and the regu- lations of the Federal Aviation Administration (14 CFR, Part 152) 2 Title VI of the Civil Rights Act as indicated in attached Exhibits A-1 and A-2 Engineering Services Contract - Airport Paving Improvements W P. Wills Consulting Engineers Page 1 of 9 3 Rehabilitation Act of 1973 (29 U S C 794), Section 504 which assures non-discrimination towards the handicapped 4 Affirmative Action Act as required by 14 CFR, Part 152, Subpart E 5 Minority Business Enterprise (MBE) policy as defined in 49 CFR, Part 23, as indicated in attached Exhibit A-2 6 Equal Opportunity Clause as defined in 41 CFR, Part 60-1 4 7 Executive Order 11246 dated September 24, 1965 II S COPE OF SERVICES Engineer's services under Section I will be those Basic Services which are in accordance with Advisory Circular No 1500/5100-14A including Change 1 "Architectural, Engineering, and Consultant Services for Airport Grant Projects " A. In the Preliminary Phase 1 Conferences with the proper City representative regarding the proposed project Consult with Federal Aviation Administration and other agencies as required 2 A preliminary engineering study and report directly related to and part of the work being considered The report to be prepared using Federal Aviation Administration design criteria and based on most current Federal Aviation Administration procedures 3 Preliminary cost estimates of proposed construction 4 City to furnish Engineer with preliminary information with copies of plans of such existing facilities as are necessary and available and with other information pertinent to the planning and design 5 Consultant to provide all survey work required for Preliminary and Design Phases Work to be performed by Metroplex Engineering Corporation, Denton, Texas 6 Utilize support material developed during Preliminary Phase or available from City and be responsible for the coordination of the project Engineering Services Contract - Airport Paving Improvements W P Wills Consulting Engineers Page 2 of 9 7. Furnish the City with three (3) copies of the preliminary report, drawings, and cost estimate 8. Prepare answers to Federal Aviation Administration questions or concerns in preliminary design report B. In the Design Phase (for Work as Authorized by City) 1 Furnish engineering data necessary for the City to prepare permits required by Local, State and Federal authorities, and advise the City re- garding coordination of project with Federal agencies 2 Preparation of detailed contract plans and specifications for construction, furnish all necessary plans, specifications and proposal documents to the City for advertising for bids (City estimates a maximum of sets of advertising documents will be required ) 3. Preparation of estimates of quantities and costs 4 Assist City in securing bids, prepare bid tabulation sheet 5. Analyze bids and make recommendation concerning award 6 In the event the lowest bid exceeds the project budget cost, confer with City and make revisions as is necessary and satisfactory to City for the readvertising of the project for bids C. In the Construction Phase 1 Review material submittals 2 Review and make recommendations based on laboratory test reports and fob mix formulas for hot mix asphaltic concrete 3. Consultation with the City and advise during construction 4. General observations of the work and interpretation of the plans and specifications by periodic visits (as distinguished from the continuous services of a resident project representative) to the site by a qualified inspector Periodic visits shall mean a minimum of one project visit weekly of a one hour duration during the Construction Phase In performing these services, the Engineer will endeavor to protect the City against defects and deficiencies in the work of the Contractor, but he cannot guarantee the performance of the Contractor nor be responsible for the actual supervision of construction operations or for the safety measures that the Contractor takes or should take Engineering Services Contract - Airport Paving Improvements W P Wills Consulting Engineers Pago 3 of 9 5 Preparation of change orders and monthly and final estimates for payments to the Contractor, based on Contractor's submittal 6 Represent the City in interpreting and rendering decisions on the requirements of the contract documents and claims or disputes between the Contractor and the City, to include any disputes or claims made by the City against the Contractor within one year of the final inspection, instruct the Contractor on behalf of the City (including preparation of supplementary drawings or instructions required to effectuate the intent of the contract documents) 7 Final inspection 8 Revision of the construction drawings to show the project as actually constructed and the furnishing of "As-Built" reproducible drawings D. Special Services This contract includes the furnishing of site surveying services by the Engineer City agrees to pay Engineer a sum not to exceed seven thousand forty and no/100 ($7,040 00) for such services as outlined in Engineer's letter of June 9, 1985 to the Airport Manager This sum is in addition to the Basic Fee as outlined in Section III, Paragraph A herein The City is to receive three (3) copies of all laboratory reports and other summary reports prepared under this item Surveying for all design work under this Contract is not considered a Special Service but is required and is fully compensated for and included in the Basic Fee outlined in Section III, Paragraph A herein E. Order of Services Engineer agrees to begin work immediately after written authorization from the City and to complete the Preliminary Phase within 15 calendar days after authorization, the Design Phase will be completed within 30 calendar days of written notice by the City to proceed with this phase III FEE A. Fee for Basic Services The fee for performing the Basic Engineering Services will be as follows Engineering Services Contract - Airport Paving Improvements W. P. Wills Consulting Engineers Page 4 of 9 The City will pay the Engineer a fixed fee of Sixteen thousand twenty three dollars and no/100 ($16,023) provising for all services (except Special Services) in this Contract This fee will be full and total compensation for all services outlined in this Contract including additional work which may be added during construction by change order to existing contracted work provided that work specified by change order is in keeping with the original scope of work and is normal and incidental to the type of construction proposed Fees for Special Services are outlined in Section II, Paragraph D of this Contract B Payment of Fee for Basic Services The fee for Basic Services is to be due and payable as follows (said services listed above), with billing for such fees to be separately identified by Federal Aviation Administration grant project number 1 In the Preliminary Phase For services rendered under the Preliminary Phase as described above for work authorized by the City, 15% of the fixed fee shall be due and payable Approval of preliminary engineering plans will be required before payment 2 In the Design Phase (for Work as Authorized by the City) For services rendered under the Design Phase, as described above, an amount equal to 78% of the fixed fee for work authorized by the City shall be due and payable 3 Construction Phase For services rendered under the Construction Phase, as described above, an amount equal to 7% of the fixed fee for those portions of the work covered by construction contracts shall be due and payable based on monthly estimates of wdrk performed by the Contractor IV TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this Contract upon seven days written notice to the other at the address of record In this event, the Engineer shall be compensated for his services on all stages authorized as follows Engineering Services Contract - Airport Paving Improvements W P Wills Consulting Engineers Page 5 of 9 A If termination occurs prior to the final completion and approval of the drawings and specifications, the Engineer shall be paid a reasonable compensation for the services actually rendered by him in accordance with the above described schedule of fees and in proportion to the amount of work done on such stages or phases as has been authorized B If termination occurs after final completion and approval of the drawings and specifications, the fee of the Engineer shall be 70% of the fixed fee C If termination occurs after the letting of the contract but prior to final completion or acceptance by the City, the fee of the Engineer shall be computed in accordance with the provisions of Sections III and IV of this Contract to the date of termination D The foregoing shall not be construed to require the City to compensate the Engineer for any services not performed in a proper professional manner suitable for use in the construction of the project contemplated by the parties to this Contract. V RENEGOTIATION In the event that the scope of the Engineer's services as outlined herein for the improvement project is determined, by the Engineer's Preliminary Phase work, to be substantially different from the description of services or con- struction budget contained herein, the fee set forth in this Contract shall be renegotiable only insofar as this Contract pertains to the project or projects so determined to be substantially different Fees for projects determined to be substantially in accordance with descriptions and budgets contained herein shall not be renegotiable VI ENGINEER'S LIABILITY Acceptance and approval of the final plans by the City shall not con- stitute nor be deemed a release of the responsibility and liability of the Engineer, its employees, associates, agents and consultants, for the accuracy and competence of their designs, working drawings, and specifications or other documents prepared by the Engineer, its employees, subcontractors, agents and consultants Engineering Services Contract - Airport Paving Improvements W P Wills Consulting Engineers Page 6 of 9 VII OWNERSHIP OF DOCUMENTS Upon completion of the project (or upon termination of this Contract, if previously terminated), the Engineer shall furnish to the City, in a suitable container for filing, "record drawings", reproduced on linen or mylar drafting film from the original drawings, together with a correct and legible set of specifications VIII, ASSIGNABILITY The Engineer shall not assign, transfer or delegate any of his obli- gations or duties in this Contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the Engineer's staff If the Engineer is a partnership, in the event of the termination of the partnership, this Contract shall inure to the indi- vidual benefit of such partner or partners as the City may designate No part of the Engineer's fee may be assigned in advance of receipt by the Engineer without written consent of the City X ARBITRATION A Except as may be otherwise provided in this Contract, or as the parties hereto may otherwise agree, all claims, counter-claims, disputes or other matters in question between the City and the Engineer arising out of or relating to this Contract or the breach thereof will be decided by arbitration in accordance with the current applicable Construction Industry Arbitration Rules of the American Arbitration Association, subject to the limitations stated in Paragraphs C and D below This Contract, and any other agreement or consent to arbitrate entered into in accordance therewith as provided below, will be specifically enforceable under the prevailing law of any court having jurisdiction B. Notice of demand for arbitration must be filed in writing with the other party to this Contract, with the Federal Aviation Administration and with the American Arbitration Association The demand must be made within a reasonable time after the claim, dispute or other matter in question has arisen In no event may the demand for arbitration be made after the time when institution of legal or equitable proceedings based on such claim, dispute or Engineering Services Contract - Airport Paving Improvements W P Wills Consulting Engineers Page 7 of 9 other matter to question would be barred by the applicable statute of limitations C All demands for arbitration and all answering statements thereto which include any monetary claim must contain a statement that the total sum or value in controversy as alleged by the party making such demand or answer- ing statement is not more than $200,000 (exclusive of interest and costs) The arbitrators will not have jurisdiction, power or authority to consider or make findings (except in denial of their own ,jurisdiction) concerning any claim, counter-claim, dispute or other matter in question where the amount in controversy thereof is more than $200,000 (exclusive of interest and costs) or to render a monetary award in response thereto against any party which totals more than $200,000 (exclusive of interest and costs) D No arbitration arising out of, or relating to, this Contract may include, by consolidation, joinder or in any other manner, any additional party not a party to this Contract E By written consent signed by all the parties to this Contract and containing a specific reference hereto, the limitations and restrictions contained in Paragraphs C and D above may be waived in whole or in part as to any claim, counter-claim, dispute or other matter specifically described in such consent No consent to arbitration in respect of a specifically described claim, counter-claim, dispute or other matter in question will constitute consent to arbitrate any other claim, counter-claim, dispute or other matter in question which is not specifically described in such consent or in which the sum or value in controversy exceeds $200,000 (exclusive of interest and costs) or which is with any party not specifically described herein F The award rendered by the arbitrators will be final, not subject to appeal, and judgment may be entered upon it in any court having ,jurisdic- tion thereof XI. ACCESS TO RECORDS The Federal Aviation Administration, the Comptroller General of the United States, or any of the duly authorized representatives shall have access to any books, documents, papers and records of W P Wills Consulting Engineers which are directly pertinent to the herein referenced grant program, for the purpose of making audits, examinations, excerpts, and transcriptions Engineering Services Contract - Airport Paving Improvements W P. Wills Consulting Engineers Page 8 of 9 W P Wills Consulting Engineers agree to maintain all required records for three years after the City makes final payment and all other pending matters are closed EXECUTED IN DUPLICATE, each of which/// shall be considered an original, this day of1926 ATTEST Charlotte Allen City Secretary City of Denton, Texas CITY OF DENTON By APPROVED AS TO LEGAL FORM ebta Adami Orayovitch i Attorney N-fy of Denton, Texas W P WILLS CONSULTING ENGINEERS Bye" GIJ p~ W P Wills, P E - Owner Engineering Services Contract - Airport Paving Improvements W P Wills Consulting Engineers Page 9 of 9 CONTRACTOR CONTRACTUAL REQUIREMENTS TITLE VI ASSURANCES During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows 1 Co liance with Regulations The contractor shall comply with the Regulations re a ve o nondiscrimination in federally assisted pro- grams of the Department 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 during the con ract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of sub- contractors, 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 Subcontracts Incaludin Procurements of Materials an u men n a so c a ons er y compe i ive id- ng or nego a on made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contrac- tor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin 4 Information and Reports The contractor shall provide all in- formation ana repot s required by e Regulations or directives issued pur- suant 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 Regulations, orders, and instructions Where any information required of a contractor is in the exclusive posses- sion of another who fails or refuses to furnish this information, the con- tractor 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 Nonco liance In the event of the contractor's noncompliance with the non scr m na on 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 o pai` rgraphsrough bin -every subcontract, including pro- curements of materials 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 in- cluding sanctions for noncompliance Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation 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 EXHIBIT A-1 Engineering Services Contract - Airport Paving Improvements W P Wills Consulting Engineers - Page A-1 MINORITY BUSINESS ENTERPRISE (MBE) ASSURANCES 1 Policy It is the policy of the Department of Transportation (DOT) that m nod rty 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 Con- sequently, the MBE requirements of 49 CFR Part 23 apply to this agreement 2 MBE Obligation The contractor agrees to ensure that minority business enterpr sews defined in 49 CFR Part 23 have the maximum opportu- nity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agree- ment. In this regard, all contractors shall take all necessary and reason- able steps in accordance with 49 CFR Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and per- form contracts Contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT-assisted contracts EXHIBIT A-2 Engineering Services Contract - Airport Paving Improvements W P Wills Consulting Engineers - Page A-2