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HomeMy WebLinkAboutO-1993-1892 . . ORDINANCE NO. 93---.!li2 AN ORDINANCE APPROVING AND AUTHORIZING AN ENGINEERING SERVICES AGREEMENT BETWEEN THE CITY OF LA PORTE AND CARTER & BURGESS, INC., FOR IMPROVEMENTS TO THE CITY OF LA PORTE MUNICIPAL AIRPORT; APPROPRIATING $282,267.00 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: section 1. The City Council hereby approves and authorizes the contract, agreement or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The city Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. City Council appropriates the sum of $282,267.96 from the City of La Porte Airport Fund to fund said contract. section 2. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further . . ORDINANCE NO. 93- 1892 Page 2 ratifies, approves and confirms such written notice and the contents and posting thereof. section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 1st day of March, 1993. CITY OF LA PORTE BY~ Mayor ATTEST: Ch~~ City Secretary .: . '. . e ENGINEERING SERVICES AGREEMENT STATE OF TEXAS } COUNTY OF HARRIS} This AGREEMENT, for Professional Engineering Services is made on the date signed by and between the City of La Porte, Texas, hereinafter call the "City", party of the first part, and Carter & Burgess, Inc., Houston, Texas, hereinafter called the "Engineer", party of the second part. The initial addresses of the parties, which one party may change by giving notice to the respective other party, are as follows: City of La Porte Engineers City of La Porte 604 W. Fairmont Parkway La Porte, Texas 77572 Carter & Burgess, Inc. 55 Waugh Drive, Suite 300 Houston, Texas 77007 Attn: Mr. Robert T. Herrera City Manager Attn: Mr. Roy G. Hearnsberger, P. E. Senior Vice President WITNESSETH That in consideration of the mutual covenants and agreements herein contained, the parties hereto mutually agree as follows: ARTICLE I - SERVICES The City hereby employs the Engineer and the Engineer hereby agrees to perform the professional services hereinafter set out in this contract as an independent contractor in connection with Airport Improvements at La Porte Municipal Airport. SECfION 1 The services to be performed by Engineer for this Project shall include necessary design and engineering work in connection with the following improvements: Item 1. Acquire Property and Runway Protection Zone Easements a. 10 acres fee simple acquisition, b. Runway Protection Zone Avigation Easements at the ends of the existing runways per the current Airport Master Plan. c. Future street right-of-way. Item 2. Construct Runway/Taxiway Extensions and Overlay Existing Runways and Taxiways a. Extend Runway 12-30 220 feet north, with displaced threshold. b. Extend Runway 12-30 600 feet south, with displaced threshold. c. Extend Taxiway "A" 200 feet north. d. Extend Taxiway "A" 600 feet south. e. Overlay existing Runway 12-30. f. Overlay existing Taxiway "A". g. Overlay existing Runway 5-23. h. Overlay existing Taxiway "B". e e Engineering Services Agreement - Page 2 Item 3. Construct Medium Intensity Runway and Taxiway Light"ing a. Extend MIRL 200 feet north on Runway 12-30. b. Extend MITL 200 feet north on Taxiway 12-30. c. Extend lighting 600 feet south on Runway 12-30. d. Extend MITL 600 feet south on Taxiway 12-30. e. Relocate existing threshold lights on Runway 12-30. f. Remove existing overhead power lines on southern end of Runway 12-30 and relocate underground for obstruction removal. g. Beacon. h. Lighted wind cone. Construct Localizer/DME and install AWOS System Item 4. The extent of the Project will be in general compliance with final FAA allocations with a construction budget of approximately $1,774,000.00. SECfION 2 A. Basic Services The Basic Services in this Contract are divided into three distinct phases; Phase I - Preliminary Design; Phase II - Final Design; Phase IIJ - Construction. The Engineer shall perform the services required for each Phase of this Contract only upon receipt of written notice of acceptance of the preceding Phase and written authorization by the Director of Public Works to commence Engineer's performance of services for that specific Phase and that adequate funds have been allocated for that Phase. The Engineer understands and acknowledges that the City may determine not to proceed with this Contract after completion of the Engineer's services for either Phase I - Preliminary Design or Phase II - Final Design. In such event, the City Manager shall provide the Engineer with a written notice of his intent to terminate this Contract as provided in Article XI. The Engineer agrees to perform the services set forth below for each applicable Phase authorized by the Director of Public Works. In addition, the Engineer agrees to perform such specific tasks as are set forth in Section I. Provided, however, in the event of an inconsistency between the terms of this Section and the terms of Section I, the terms of Section I shall control. (a) Phase I - Preliminary Design. The Engineer shall submit to the Director of Public Works within five (5) days of the Notice to Proceed with Phase I, the Project Schedule Chart reflecting firm dates for the beginning and end of each activity set forth therein and the review dates for such activities. The Engineer shall prepare for approval by the Director of Public Works the preliminary engineering studies, and designs for the Project. Such studies and designs shall consist of preliminary layouts, sketches, recommended final design criteria, outline specifications, reports and cost estimates. The report shall be prepared in sufficient detail so as to (i) clearly indicate anticipated problems; (ii) recommend the alternate solutions to the problems; (ill) identify the possible "alternate" bid items for the Project recommended by the Engineer and the Director of Public Works; and (iv) show recommended subdivision into separate contracts, if any. The parties understand that the Engineer shall be responsible for coordinating all the Documents. The Engineer shall submit six (6) copies of the preliminary design and outline specification documents to the Director of Public Works. The Engineer shall attend preliminary conferences regarding the Project with officials from local, state and federal agencies, utility companies and other entities and prepare meeting notes from such conferences. (b) Phase II - Final Design. Based upon approved preliminary design documents and any further adjustments in the scope or quality of the Project authorized by the Director of Public Works, the Engineer shall perform the following Phase II services upon receipt of written notice to proceed signed by the Director. . e Engineering Services Agreement - Page 3 (1) Submit to the Director within five (5) days of the notice to proceed with Phase II, the Project Schedule Chart updated to reflect firm dates for the beginning and end of each activity set forth therein and the review dates for such activities. (2) Prepare detailed "Construction Quality Control Program," (which includes a listing of the types and numbers of quality control tests required by the specifications during construction), construction drawings, specifications, instructions to bidders, bidders proposal form, general provisions, and special provisions based on the guidelines provided by the Director of Public Works. The construction drawings and specifications shall set forth recommended alternate bid items for the Project in a manner that permits ready evaluation and comparison. (3) Inform the Director of Public Works of any adjustments to previous estimates of the Project construction cost which are indicated by market conditions or authorized changes in the scope and requirements of the Project. The Engineer cannot and does not guarantee that bids will not vary from the estimate. (4) Prepare the required documents to obtain approval of all governmental authorities having jurisdiction over the design and/or operation of the Project and all public and private utilities including pipeline transmission companies affected by the Project; obtain the signatures of representatives of such governmental authorities and public utilities. (5) Design the Project in compliance with the requirements of all applicable FAA Advisory Circulars, laws, codes and regulations, including the City of La Porte Building Code (which is expressly made applicable to this Project); make all revisions to the plans, specifications and other contract documents necessary to provide clarifications or to correct discrepancies; provide the Director of Public Works with documents necessary for obtaining a building permit for the Project. The plans and specifications shall conform to all applicable federal and state regulations. (6) Deliver to the Director of Public Works at the ~, ~, and 100% completion stages of Phase II a detailed cost estimate and six (6) copies of all the reports, recommendations, analyses, specifications, plans and drawings (including working drawings). The plans and specifications shall conform to the Federal Aviation Administration Standards and Requirements. (7) When requested and authorized by the Director of Public Works, assist with Contractor Pre- Qualification; assist the City in securing bids for the construction of the Project based upon the construction documents; attend prebid conferences; prepare minutes from the prebid conference; assist the City in evaluating the bid proposals; and provide a written recommendation for the award of a construction contract for the Project; (8) Prepare all required addenda to revise the plans, specifications and other contract documents in order to (i) provide clarifications; (ii) correct discrepancies; (iii) correct errors and/or omissions; or (iv) reflect changes in design requirements and/or field conditions. (c) Phase III - Construction. Upon receipt of written notice to proceed, signed by the Director of Public Works, the Engineer shall provide professional services during construction to assist in obtaining a complete Project in accordance with the purpose and intent of the contract documents. Phase III services shall include, but not be limited to, the following: (1) Participate in pre-construction conferences, prepare preconstruct ion meeting minutes, and assist as may be required with the preparations of a contract between the City and the successful bidder; e e Engineering Services Agreement - Page 4 (2) Maintain adequate staff to make periodic visits (a minImum of two per month) to the construction site to observe and familiarize themselves generally with the progress and quality of the work and to determine if the work is generally proceeding in accordance with the contract documents and the contractor's construction schedule. The Engineer shall make periodic written reports to the Director of Public Works to advise him of any deviation from the contract documents or the contractor's construction schedule observed by or brought to the attention of the Engineer. Such reports shall be submitted in a timely manner so as not to cause delay in the progress of the work. In performing these services, the personnel provided by the Engineer shall be under the supervision of a registered professional engineer. The Engineer shall provide personnel experienced in the administration of construction contracts. Supporting personnel shall be provided from the project design team when specialized knowledge of the Project design is required. On the basis of its on-site observations, the Engineer shall keep the City informed as to the progress and quality of work and shall endeavor to protect the City against defects and deficiencies in the work of the construction contractors, but the Engineer shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures or for the safety precautions and programs in connection with the Project construction, for the acts or omissions of the contractor, subcontractors, any of their agents or the subcontractor's employees, or any other person performing any of the work or for the failure of such persons to carry out the work in accordance with the contract documents; provided however, that the Engineer shall not be relieved from its obligation to notify the Director of Public Works of any such act, omission or failure on the part of the construction contractor observed by the Engineer during on-site visits; (3) Review and approve or take other appropriate action upon the shop drawings, samples, and other submissions furnished by the contractor and submitted to the Engineer. The Engineer shall determine if the shop drawings, samples and other submissions conform to the Design concept of the Project and the requirements of the contract documents. The Engineer shall notify the Director of Public Works if the shop drawings, samples or other submissions do not conform to the design concept of the Project. Such action(s) shall be taken with reasonable promptness so that the progress of the construction of the Project will not be delayed. The Engineer shall maintain a log of all Contractor submittals which shall include the submittal date, the action taken and the date returned; (4) Prepare supporting data and provide other services (including reVISions to drawings, specifications and other documents) in connection with change orders when such change orders are required either (a) to make clarifications or to correct discrepancies, errors or omissions in the drawings, specifications, or other contract documents, or (b) to conform the drawings, specifications or other contract documents to the requirements of all applicable laws, codes and regulations, including the City of La Porte Building Code (which is expressly made applicable to the Project); (5) Review laboratory, shop and mill tests of material and equipment and report to the Director of Public Works in writing on such matter; (6) Provide design clarifications and recommendations to assist the City in resolving field problems relating to the construction; (7) Evaluate contractor change and cost proposals and substitutions and recommend to the City to either approve or disapprove the contracmr's proposal or substitution; (8) Review progress payments to the contractor and recommend payments by the City. e e Engineering Services Agreement - Page 5 (9) Perform, together with the City's representatives, inspections of the construction site to determine the dates of substantial and final completion of the work. The Engineer shall make a recommendation to the Director of Public Works as to the proper date for the issuance of the final certificate of payment; (10) No less than 30 days and no more than 45 days before the expiration of the guarantee period established by the construction contract documents, the Engineer, in company with the Director of Public Works, shall inspect the construction site. Within fourteen days after such inspection the Engineer shall furnish the Director of Public Works with a written report enumerating items which require repair of replacement as provided under the guarantee and warranty provisions of the contract documents; (11) Provide one reproducible mylar set of "as-built" record prints of drawings, which shall become the property of the City corrected by "clouding" to show significant changes made in the work during the construction of the Project. Such corrections shall be based upon "as-built" prints, drawings, field sketches, final quantities and other data furnished to the Engineer by the City and the contractor, upon change orders issued during construction and upon the on-site observations of the Engineer. Provide Project Documents in AutoCAD Release 12. B. Special Services The Engineer shall perform the Special Services specified below if and when the Director of Public Works authorizes such services, describing the scope and cost of the work in writing; (a) Provide survey for As-Builts. (b) Make revisions to drawings, specifications, or other documents when such reVlSlons are inconsistent with approvals or instructions previously given by the Director of Public Works and are not included in Section 2A. (b)(5) or 2.A. (c)(4); (c) Assist the City in making arrangements for the work to proceed in the event that the construction contractor is declared in default by the City for any reason; (d) Assist the City as expert witnesses and/or factual witnesses in any legal proceedings or litigation arising from the development, permitting or construction of the Project. The witness shall be designated by and at the sole discretion of the City Attorney; (e) Perform or obtain the services of a Registered Professional Land Surveyor subcontractor to perform topographic surveys and associated office work under the direction of a Registered Professional Land Surveyor. Deliver to the City xerox copies of field notes and a diskette of the survey data; (f) Perform or obtain services of Registered Professional Land Surveyor to perform boundary surveys associated with acquisition of fee title, as well as avigation easements. e e Engineering Services Agreement - Page 6 (g) Perform or obtain services of Registered Professional Land Surveyor to perform surveys related to road alignment. (h) Prepare supporting data and other services in connection with change orders, other than those change orders and related services included in Section 2.A. (c)(4); (i) Travel with prior approval of the Director of Public Works for Engineer personnel assigned to the Project, if such travel is reasonably necessary to accomplish a task under this Contract. Travel costs shall include common carrier economy fares (or equivalent), ground transportation expenses, and for overnight trips, the costs of lodging and meals. Travel to and from the jobsite will not be charged; G) Prepare special studies and reports, such as NPDES Construction Permit (including representation and testimony at hearings and community meetings), grants application, etc. Obtain the Environmental Protection Agency's construction permit on behalf of the City. This does not include retention basins, if required; (k) Perform, or obtain the services of a subcontractor to perform, subsurface investigations, including performance of test borings, soil samples, and other foundation investigations, laboratory analyses of the samples, and engineering analyses. The Engineer or the subcontractor shall prepare a detailed report of all findings, including pavement load analysis, and the Engineer shall deliver to the Director of Public Works six (6) bound copies of the report; (I) Reproduce plans specifications, reports and other materials, other than those reproductions included in the Basic Services and excluding reproductions for the office use of the Engineer and the Engineer's consultants; (m) Provide, in the event of termination pursuant to Article XI, such services as are reasonable and necessary for preserving partially finished work products for the recording of work products in a particular manner (including the making of record prints of drawings, etc.); (n) Assist the City in securing any special licenses or permits which may be required for the completion of the Project, it being understood by the parties that the fees for said special licenses and permits will be paid by the City; (0) Provide, in the event the Project construction exceeds the time stated in the Project contract documents by more than 30 days, the continuing services required to be done by the Engineer during construction of the Project; (p) Provide the services of an independent testing laboratory to perform testing of materials during the construction phase of the project. The subcontractor shall prepare detailed reports on all tests performed and submit three (3) copies of each to the Engineer for distribution to FAA and the City; (q) Services of Resident Project Representatives: The Engineer will furnish the services of Resident Project Representatives, and other field personnel for on-site observation of construction and verification of construction layout. The authority and duties of such resident Project Representatives are limited to examining the materials furnished and observing the work done, and to reporting their findings to the Engineer. The Engineer will use the usual degree of care and prudent judgement in the selection of competent Project Representatives, and the Engineer will use diligence to see that the Project Representatives are on the job to perform their required duties. It is agreed, however, that the Engineer does not underwrite, guarantee or insure the work done by the contractors, and, since it is the contractor's responsibility to perform the work in accordance with the Contract Documents, the Engineer e e Engineering Services Agreement - Page 7 is not responsible or liable for the contractor's failure to do so, and so long as the Engineer has exercised the usual degree of care and prudent judgment in selecting the Project Representatives and has used diligence to see that they are on the job to perform the work, failure by any Project Representatives or other personnel engaged in on-site observation to discover defects or deficiencies in the work of the contractors shall never relieve the contractors for liability for any such defect or deficiencies; and (r) Update the Airport Layout Plan to reflect the new work. SECI'JON 3 UNITS OF WORK It is understood that the improvements covered by this Agreement except for the localizer will be bid and constructed in one unit of work (set of plans, specifications, and contract documents). ARTICLE II - COMPENSATION For engineering services performed hereunder, the City agrees to pay the Engineer the sums listed below for the listed items of work and improvements. 1. Basic Services as identified in Section 2.A.: a) Phase I i) Preliminary Engineer's Report ii) Preliminary Design iii) Preliminary Phase for Localizer $ 7,500.00 $ 28,750.00 $ 6,800.00 $ 51,850.00 $ 10,300.00 $ 3,900.00 b) Phase II - i) Final Design ii) Final Design for Localizer iii) Bidding Phase c) Phase III - Construction i) Construction Phase ii) Bid Phase for Localizer iii) Construction Phase for Localizer $ 11,650.00 $ 1,000.00 $ 2,025.00 The City shall make partial payment of the fees on the basis of monthly invoices submitted by the Engineer and approved by the Director of Public Works. The invoices must show the following: (i) the percentage of the total services completed in the applicable Phase in the preceding month; (ii) a summary of the services performed during the period covered by the invoice; and (iii) the amount due for such services. The amount of partial payment due for services performed during each Phase shall be a percentage of the lump sum fee equal to the percentage of services performed for the respective phase during the period covered by the invoice. After the Engineer has completed the performance of all the required services for each Phase, the City shall pay the Engineer the total amount owed for the Phase less any amounts theretofore paid pursuant to the monthly invoices. All invoices for the Basic Services are subject to approval by the Director of Public Works and are due and payable on or about thirty (30) days after receipt and approval by the Director of Public Works. All payments shall be made by check. Such checks shall be made payable LO the Engineer and payments shall be addressed to the Engineer at its address specified herein for notices. The City agrees that it will not unreasonably delay or withhold payment or approval of any invoice; however, the Director of Public Works shall approve in whole or in part or disapprove Engineer's invoices within 15 days after receipt by the City. Neither partial payments made hereunder not approval of invoices or services by the Director of Public Works shall be construed as final acceptance or approval of that part of the Engineer's services to which such partial payment or approval relates nor shall such payments be construed as relieving the Engineer of any of its obligations . e Engineering Services Agreement - Page 8 hereunder with respect thereto. No interest will accrue on payments made within 60 days after the last day on which payment was to be received. Commencing thereafter, interest will accrue at the rate of 6% per annum, compounded monthly. 2. Special Services per Section 2.C. will be accomplished only upon authorization by the City. Compensation for each special service shall be as identified below based upon hourly rates in attached Rate Schedule and Fee Calculations contained in Exhibit "D" except item (n) which will be a Lump Sum fee. For services performed which the Engineer subcontracts to a subcontractor, the City shall pay Subcontract Cost plus 10% of Subcontract Cost. (a) For the Special Service set forth in Section 2.B(a), the City shall pay the Engineer for employees time based upon hourly rates in attached Rate Schedule, not to exceed $3,656.00 without authorization; (b) For the Special Service set forth in Section 2.B(b), the City shall pay the Engineer for employees time based upon hourly rates in attached Rate Schedule (None Anticipated); (c) For the Special Service set forth in Section 2.B(c), the City shall pay the Engineer for employees time based upon hourly rates in auached Rate Schedule (None Anticipated); (d) For the Special Service set forth in Section 2.B(d), rendered by Engineer and its employees as consultants or witnesses in any litigation hearing or proceeding, the rate of $800 will be paid for each day or any portion thereof, but compensation for time spent in preparing to appear in such litigation, hearing or proceeding will be based upon hourly rates in attached Rate Schedule (None Anticipated); (e) For the Special Services set forth in Section 2.B(e), the City shall pay the Engineer for employees time based upon hourly rates in attached Rate Schcdule with an estimated fee not to exceed $23,500.00 without authorization; (f) For the Special Services set forth in Section 2.B(I), the City shall pay the Engineer for employees time based upon hourly rates in aU ached Rate Schedule with an estimated fee not to exceed $13,300.00 without authorization; (g) For the Special Services set forth in Section 2.B(g), the City shall pay the Engineer for employees time based upon hourly rates in attached Rate Schedule with an estimated fee not to exceed $1,500.00 without authorization; (h) For the Special Services sct forth in Section 2.B(h), the City shall pay a lump sum fee of $500.00; (i) For the Special Services set forth in Section 2.B(i), the City shall pay actual costs fee not to exceed $500.00; G) For the Special Services set forth in Section 2.BO), the City shall pay lump sum for NPDES Construction Permit of $3,500.00; (k) For the Special Services set forth in SecLion 2.B(k), the City shall pay a lump sum fee of $20,000.00; (I) For the Special Services set forth in Section 2.B(l), the City shall pay the Engineer actual costs (None Anticipated); e e Engineering Services Agreement - Page 9 (m) For the Special Services set forth in Section 2.B(m), the City shall pay the Engineer for a lump sum fee of $1,000.00; (n) For the Special Services set forth in Section 2.B(n), the City shall pay the Engineer based on hourly rates on the attached Rate Schedule (None Anticipated); (0) For the Special Services set forth in Section 2.B( 0), the City shall pay the Engineer based on hourly rates on the attached Rate Schedule (None Anticipated); (p) For the Special Services set forth in Section 2.B(p), the City shall pay the Engineer at cost plus 1 % with estimated fee of $32,500.00, not to be exceeded without written authorization; (q) For the Special Services set forth in Section 2.B( q), the City shall pay the Engineer for employees time based upon hourly rates in the attached Rate Schedule not to exceed $58,536.00 without authorization; and (r) For the Special Services set for thin Section 2.B(r), the City shall pay the Engineer a lump sum fee of $2,000.00. ARTICLE III - PHASE AND SCHEDULES The work covered by this Agreement shall be completed according to the following schedule: 1. The Engineer shall begin work on this contract as soon as Notice to Proceed is received from the City. 2. The Engineer shall complete the required preliminary design phase services within 30 calendar days and the required final design phase services within 30 calcndar days after receiving the notice to proceed for each phase, exclusive of review time, providing that there are no delays beyond the Engineer's control. 3. Construction phase services shall be provided during the period of the construction contracts. ARTICLE IV - CONDITIONS FOR SERVICES The Engineer agrees that during the performance of this contract, he will comply with the requirements of Exhibit "A", "Contractor Contractual Requirements" and Exhibit "B", Disadvantaged Business Enterprise Assurances. ARTICLE V - OWNERSHIP OF DOCUMENTS Original documents, plans, designs, survey notes, specifications, charts, computations and other data prepared under the terms of the Agreement are instruments of service and shall remain the property of the Engineer. Upon completion of the Project, reproducible copies of the drawings, modified to show the as built conditions, shall be furnished to the City and will become the property of the City. The Airport Layout Plan is specifically excluded from the above. The City shall have the right to use the Airport Layout Plan without restriction. Documents, including plans and specifications, are not inLended or represented to be suitable for reuse by the City or others on extensions of the Project or on any oLher project. Any reuse without written verification or adaption by the Engineer for the specific purpose intended will bc at the City's sole risk and without liability or legal exposure to the Engineer. . e Engineering Services Agreement - Page 10 ARTICLE VI - INSURANCE The Engineer shall procure and maintain insurance for protection from claims under workman's compensation acts, claims for damages because of bodily injury including personal injury, sickness or disease or death of any and all employees or of any person other than such employees, and from claims or damages because of injury to or destruction of property including loss of use resulting therefrom. ARTICLE VII - COORDINATION WITH THE CITY The City shall make available to the Engineer for use in the study all existing plans, maps, and other data in its possession relative to existing facilities and to the project. ARTICLE VIII - ACCESS TO RECORDS The City, the Federal Aviation Administration, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the Engineer which are directly pertinent to this project for the purpose of making audit, examination, excerpts, and transcriptions. ARTICLE IX - PROGRESS REPORT The Engineer shall submit monthly progress reports to the City as may be required to show progress of the work. ARTICLE X - SUCCESSORS AND ASSIGNS The City and the Engineer each binds himself and his successors, executors, administrators and assigns to the other party of this Agreement and to the successors, executors, administrators and assigns of such other party, in respect to all covenants of this Agreement. Except as above, neither the City nor the Engineer shall assign, sublet or transfer this interest in this Agreement without the written consent of the "other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a part thereto. ARTICLE XI - TERMINATION OF CONTRACT Either party to this Agreement may terminate the Agreement by giving to the other ten (10) days notice in writing. Upon delivery of such notice by the City to the Engineer, and upon expiration of the ten-day period, the Engineer shall discontinue all services in connection with the performance of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders or contracts are chargeable to this Agreement. As soon as practicable after receipt of notice of termination, the Engineer shall submit a statement, showing in detail their services performed under this Agreement to the date of termination. The City shall then pay the Engineer promptly that proportion of the prescribed charges which the services actually performed under this Agreement relates to the total services called for under this Agreement, less such payments on account of the charges as have been previously made. Copies of all completed or partially completed plans, specifications, and data prepared under this Agreement shall be delivered to the City, prior to payment of proportional charges, when and if this Agreement is terminated. . '0 e e Engineering Services Agreement - Page 11 ARTICLE XIII - EXCLUDED SERVICES Services specifically excluded under this Agreement shall include: 1. Trench safety system design. ARTICLE XIV - VENUE The following Exhibits are attached to and made a part of this Agreement. 1. Exhibit "A", "Contractor Contractual Requirements", consisting of two (2) pages. 2. Exhibit "B", "Disadvantaged Business Enterprise Assurance", consisting of one (1) page. 3. Exhibit "C", "Schedule of Billing Rates for Special Services" and "Fee Calculations", consisting of seven (7) pages. 5. Exhibit "D", "Construction Materials Quality Control Program", consisting of one (1) page. This Agreement together with the Exhibits and Schedules identified above constitute the entire Agreement between City and the Engineer and supersede all prior written or oral understandings. This Agreement and said Exhibits and Schedules may only be amended, supplemented, modified or canceled by a duly executed written instrument. ..:-;:..~~4.\< ~ '.. l)\a.' -~"':~T-Nl?SS /fHEREOF, the parties have executed this Agreement on this date, the ~ day of v.. ' 199~. {J . ".- t~ "? "_ ..r' ~. ~.-. . ~ c::-... .., (/ ArrEST; , ~ C7' z ~ .. .::" " "I." " ~f f-b~kU~ CITY OF LA PORTE By: G<~ TL ~ CARTER & BURGESS, INC. q.e.. B A. .. e e EXHIBIT A CONTRACI'OR CONTRACI'UAL REQUIREMENTS TITLE VI ASSURANCES During the performance of this contract, the contractor, for himself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations. The contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs 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 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. Including Procurements of Materials and Equipment.. In all solicitations either by competitive bidding or negotiation 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 contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color, or national origin. 4. Information and Reports. The contractor shall provide 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 Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive 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 nondiscrimination 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) complies, and/or withholding of payments to the contractor under the contract until the contractor (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 every subcontract, including procurements 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 including 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. -1- : . e DISADVANTAGED BUSINESS ENTERPRISE (DB E) ASSURANCES 1. Policy. It is the policy of the Department of Transportation (DOT) that minority business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole in or part with Federal funds under this agreement. Consequently, the DBE requirements of 49 CFR Part 23 apply to this agreement. 2. DBE Obligation. The contractor agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts 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 disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT-assisted contracts. -2- .. . . EXHIBIT B DISADVANTAGED BUSINESS ENTERPRISE ASSURANCE POLICY It is the policy of the Department of Transportation that disadvantaged business enterprises as defined in 49 CRF 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 CRF Part 23 apply to this Agreement. DBE OBLIGATION The recipient or its contractors agrees to ensure that disadvantaged business enterprises as defined in 49 CRF Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this Agreement. In this regard, contractors shall take all necessary and reasonable steps in accordance with 49 CRF Part 23 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT-assisted contracts. Section 23.43(c) requires sponsors to advise each contractor and subcontractor who performs on an FAA-assisted project that failure to carry out the above requirements shall constitute a breach of contract. The following clause may be used for this purpose: All bidders, potential contractors, or subcontractors for this DOT -assisted contractor are hereby notified that failure to carry out the DOT policy and the DBE obligation, as set forth above, shall constitute a breach of contract which may result in termination of the contract or such other remedy as deemed appropriate by the recipient and the FAA. .' . . BILLING RATES FOR SPECIAL SERVICES EXHIBIT C CLASSIFICATION Design/Construction Principal Design/Construction Project Manager Senior Engineer Survey Project Manager Senior Designer Party Chief Inspector Chief Drafter Technician Senior Drafter ClericaljW ord Processor Drafter Instrument Man Rodman RATE - Effective 01/01/93 through 01/01/94 $125.00 $ 90.00 $ 78.00 $ 75.00 $ 67.00 $ 58.00 $ 56.00 $ 56.00 $ 52.00 $ 52.00 $ 34.00 $ 42.00 $ 29.00 $ 19.00 ." . . f EXHIBIT D CONSTRUCTION MATERIALS QUALITY CONTROL PROGRAM a. The Consultant shall prepare a "Construction Materials Quality Control Plan" to be submitted to the Federal Aviation Administration (FAA) for approval at the time of final plans and specification submittal. At a minimum, the plan shall list all materials to be tested during construction, the appropriate time for testing, the ASTM test" designation, name by which the test is commonly referred, and the frequency of testing required. The plan will be reviewed by the FAA project manager and must be approved along with the final plans and specifications for construction. b. The Consultant shall prepare a "Construction Materials Quality Control Summary" to be submitted weekly/monthly to the FAA. At a minimum, the summary shall include a list of all tests performed showing the date, location, pass or fail, results of retests, and whether or not the test is eligible or ineligible under the A.I.P. program. The Summary ,viII include a certification that all testing was completed in accordance with the "Construction Materials Quality Control Plan". c. The Consultant shall prepare a summary of materials not passing and the penalty called for by the specifications. This summary shall be submitted to the FAA monthly and will indicate when and to what extent penalties are imposed. The penalties assessed will be itemized in the following pay request to the FAA.