HomeMy WebLinkAboutResolution - 100870J - Agreement - Clifford Cason & Associates - Commuity Renewal Program - 10/08/1970l6DU<6J-
RESOLUTION
M IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
irected to execute for and on behalf of the City of Lubbock an AGREEMENT betwee
ae City of Lubbock and Clifford Cason and Associates for professional or technical
ervices relating to Community Renewal Program attached herewith which shall be
pread upon the minutes of the Council and as spread upon the minutes of this
;ouncil shall constitute and be a part of this Resolution as if fully c9pied herein in
etail.
'assed by the City Council this 8th day of
TTEST:
LavenAL Lowe,City Sec
PPROVED:
Fred O. 'Senter, Jr., t
retary»Treasurer
y
K.
U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HUD-6218
�S r RENEWAL ASSISTANCE ADMINISTRATION 12.69)
CONTRACT FOR PROFESSIONAL OR TECHNICAL SERVICES
COMMUNITY RENEWAL PROGRAM
Part 11 — Terms and Conditions
1. Termination of Contract for Cause. If, through any cause, the Contractor
shall fail to fulfill in timely and proper manner his obligations under this
Contract, or if the Contractor shall violate any of the covenants, agreements,
or stipulations of this Contract, the Local Public Body shall thereupon have
the right to terminate this Contract by giving written notice to the Contractor
of such termination and specifying the effective date thereof, at least five
days before the effective date of such termination. In such event, all finished'-
_ or unfinished documents, data, studies, and reports prepared by the Contractor .`
under this Contract shall, at the option of the Local Public Body, become its '`:
property and the Contractor shall be entitled to receive just and equitable
compensation for any satisfactory work completed on such documents.
Notwithstanding the above, the Contractor shall not be relieved of liability*,
to the Local Public Body for damages sustained by the Local Public $ody by
virtue of any breach of the Contract by the Contractor, and the Local Public
Body may withhold any payments to the Contractor for the purpose of setoff
until such time as the exact amount of damages due the Local Public Body _
from the Contractor is determined.
2. Termination for Convenience of local Public
Bod The Local Public
Body , may terminate this Contract
eay time by a no ce � writing from the
Local Public Body to the Contractor. If the Contract is terminated by'the
Local Public Body, as provided herein, the Contractor will be paid an amount
which bears the same ratio to the total compensation as the services actually
performed bear to the total services of the Contractor covered by this Contract.._.
less payments of compensation previously made; Pr_ ovided, however, that if less
than sixty per cent of the services covered by this Contract have been performed'
upon the effective date of such termination, the Contractor shall be reimbursed
(in addition to the above payment) for that portion of the actual out-of-pocket
expenses (not otherwise reimbursed under this Contract) incurred by the
Contractor during the Contract period which are directly attributable to the
uncompleted portion of the services covered by this Contract. If this Contract
is terminated due to the fault of the Contractor, Section 1 hereof relative to
termination shall apply.
3. Changes. The Local Public Body, may., from time to time, request
changes in the scope of the services of the Contractor to be performed hereunder.
Such changes, including any increase or decrease in the amount of the Contractor's
compensation, which are mutually agreed upon by and between the Local Public
Body and the Contractor, shall be incorporated in written amendments to this
contract. ,
City SSG Treas.
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7717,
777
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HUD -621 B .y ,
4. Personnel. a. The Contractor represents that he has, or will secure
at his own expense, all personnel required in performing the services under
this Contract. Such personnel shall not be employees of or have any contractual
relationship with the Local Public Body.
b. All the services required hereunder will be performed by the Contractor
or under his supervision and all personnel engaged in the work shall be fully
qualified and shall be authorized or permitted under State and local law to
perform such services.
c. No person who is serving sentence in a penal or correctional institution
shall be employed on work under this Contract.
t:
5. Anti -Kickback Rules. Salaries of architects, draftsmen, technical pl
engineers, and technicians performing work under this Contract shall be paid
unconditionally and not less often than once a month without deduction or rebate
on any account except only such payroll deductions as are mandatory by lax or
permitted by the applicable regulations issued by the Secretary of Labor pursuant
to the "Anti -Kickback Act" of June 11, 1934 (48 Stat. 948; 62 Stat. 740; 63 Stat.
108; title 18 U.S.C., section 874; and title 40 U.S.C., section 276c). The
Contractor shall comply with all applicable "Anti -Kickback" regulations and shall
insert appropriate provisions in all subcontracts covering work under this Contract
to insure compliance by subcontractors with such regulations, and shall be
responsible for the submission of affidavits required of subcontractors there-
under e;ccept as the Secretary of Labor may specifically provide for variations
of or exemptions from the requirements thereof.
6. Withholding of Salaries. If, in the performance of this Contract', there.
is any underpayment of salaries by the Contractor or by any subcontractor there-
under, the Local Public Body shall withhold from the Contractor out of payments
due to him an amount sufficient to pay to employees underpaid the difference
between the salaries required hereby to be paid and the salaries actually paid
such employees for the total number of hours worked. The amounts withheld shall
be disbursed by the Local Public .Body for and on account of the Contractor or
subcontractor to the respective employees to whom they are due.
7. Claims and Disputes Pertaining to Salary Rates. Claims and disputes
pertaining to salary rates or to classifications of architects, draftsmen,
technical engineers, and technicians performing work under this Contract shall
be promptly reported in writing by the Contractor to the.Locel Public Body
for the latter's decision which shall be final with respect thereto.
8. Equal Employment Opportunity. During the performance of this Contract,
the Contractor agrees as follows:
a. The Contractor will not discriminate against any employee or applicant
for employment because of race, color, religion, sex, or national origin.
The Contractor will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard
to their race, color, religion, sex, or national origin. Such action
shall include, but not be limited to, the following: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and
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3 HUD -6218
4 (2-69)
selection for training, including apprenticeship. The Contractor agrees
to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the Local Public Body. setting
forth the provisions ofthis nondiscrimination clause.
b. The Contractor will, in all solicitations or advertisements for employees
placed by or on behalf of the Contractor, state that all qualified
applicants will receive consideration for employment without regard
to race, color, religion, sex, or national origin.
c. The Contractor will cause the foregoing provisions to be inserted in 6.11
subcontracts for any work covered by this Contract so that such provisions
will be binding upon each subcontractor, provided that the foregoing
provisions shall not apply to contracts or subcontracts for standard
commercial supplies or raw materials.
9. Discrimination Because of Certain Labor Matters. No person employed on
the work covered by this Contract shall be discharged or in any way discriminated
against because he has filed any complaint or instituted or caused to be instituted
any proceeding or has testified or is about to testify in any proceeding under or
relating to the labor standards applicable hereunder to his employer.
10. Compliance With Local Laws. The Contractor shall comply with all
applicable laws, ordinances, and codes of the State and local governments, and
shall commit no trespass on any public or private property in performing any of
the work embraced by this Contract.
11. Subcontracting. None of the services covered by this Contraot shall
be subcontracted without the prior written consent of the Local Public Body
The Contractor shall be as fully responsible to the Local Public Body for the
acts and omissions of his subcontractors, and of persons either directly or
indirectly employed by them, as he is for the acts and omissions of persons
directly employed by him. The Contractor shall insert in each subcontract
appropriate provisions requiring compliance with the labor standards provisions
of this Contract.
12. Assignability. The Contractor shall not assign any interest in this
Contract, and shall not transfer any interest in the same (whether by assignment
or novation) without the prior written approval of the Local Public Body
Provided, however, that claims for money due or to become due the Contractor
from the Local Public Body under this Contract may be assigned to.a bank,
trust company, 'or other financial institution, or to a Trustee in Bankruptcy,
without such approval. Notice of any such assignment or transfer shall be
furnished promptly to the Local Public Body...
13. Interest of Members of Local Public Body No member of the governing
body of the Local Public Body -, and no other officer, employee, or agent of the
Local Public Agency who exercises any functions or responsibilities in connection
with the carrying out of the Project to which this Contract pertains, shall have
any personal interest, direct or indirect, inthisContract.
14. Interest of Other Local Public Officials. No member of the governing ,
body of the locality in which the Project Area is situated, and no other public
official of such locality, who exercises any.functions or responsibilities in
the review or approval of the carrying out of the Project to which this Contract
pertains, shall have any personal interest, direct or indirect, in this Contract.
No Text
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CITY OF LUBBOCK, TEXAS
COMMUNITY RENEWAL PROGRAM
CONTRACT FOR PROFESSIONAL OR TECHNICAL SERVICES
STATE OF .TEXAS �X .
COUNTY OF LUBBOCK X
PART x - AGREEMENT
THIS AGREEMENT entered into as of this 8th day of October 1970..
by and between the City of Lubbock, State of Texas, and Clifford Cason and Associates,
Inc., 1101 Washington Avenue, Waco, Texas, hereinafter referred to as the "Contractor."
WITNESSETH:
WHEREAS the City of Lubbock has, under date of September 15 , 1970.
entered into a Contract for a Grant for Preparation of a Community Renewal Program
with the United States of America, providing for financial aid tothe City of Lubbock
under Title 1 of the Housing Act of 1949, as amended to date; and
WHEREAS, pursuant to such Contract, the City of Lubbock is undertaking
certain activities necessary for the preparation of a Community Renewal Program
in the City of Lubbock in the State of Texas and
WHEREAS, the City of Lubbock desires to engage the Contractor to render
certain technical advice and assistance in connection with such undertakings as
assumed by the City of Lubbock; -
NOW THEREFORE, the parties do mutually agree as follows:
1. Scope of Services.
The Contractor shall perform and carry out in a satisfactory and proper manner as
determined by the City of Lubbock, the preparation of a detailed work program for a
Community Renewal Program and related activities in the preparation of certain
elements of the City Comprehensive Plan as follows:
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- (a) Develop a detailed list of specific work items required to prepare a Com
munity Renewal Program for the City of Lubbock as generally outlined in an application
submitted to Housing and Urban Development Department on June 15, 1970 "
-(b� Develop a detailed list of specific work items required to prepare certain'
elements of a 701 comprehensive City Plan as generally outlined in an application '
_submitted in revised form to Department of Housing and Urban Development on July
21, 1970.
(c) Provide a detailed list of work items contained in a contract between
Clifford Cason and Associates, Inc., and the Lubbock Urban Renewal Agency for
preparation of Neighborhood Development Program:
(d) Provide a detailed list, of work items contained in a contract between
<: Clifford _Cason and Associates, Inc., and the Lubbock Urban Renewal Agency for pre-
paration of Part 1 Application for Loan and,Grant for Memorial Center Complex Urban'
Renewal Project. '
(c) In conjunction with the City. of Lubbock Planning Department, analyze
existing reports, studies and developments to prepare the work program to update
the Population. and Economic" Report, Urban Transportation Plan,: Fire House Plan,.
the Parks and Recreation.Master Plan and Projected Land Use Plan.
(f) Provide an analysis of approximate man hours in various classifications
of skill for each of the specific work items. in 1 and 2 above, and. estimate of man hours
in the various skills which can be performed .by City Planning Department. Staff and
which will be performed by Consultants.
(g) Development of a specific scope of services to be performed by Consultants
and City Planning Department in the fields of Planning, land use, demographics,
structural and environmental conditions, land values and marketability, sociological
planning, economics, housing, Urban Renewal programming and program financing.
(h) Development of a program within •the program design to assure theperiodic
updating of the Community Renewal Plan.
(i) Analysis of work items necessary for development of a Data System in-
cluding general plan of data storage .and information retrieval, including an analysis
of present ,City computor, capabilities., Data Processing, staff cag,ab,ilities, and add; -
tional equipment necessary to 'support a Data System. Expertise necessary to determine
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the feasibility of a Data System shall be furnished by Clifford Cason and Associates as
a part of this contract. Such analysis shall be made within the first two weeks of this
contract to allow for design of manuals, procedures, and forms to support a Data
i
System if determined to be feasible. The analysis shall result in a separate feasi-
bility report to be submitted to the City of Lubbock Planning Staff no later than four
(4) weeks after the date of this contract.
(j) Develop a PERT System and supporting narrative report for basic pur-
poses of coordination of all the specific work items above, including the inter -relation-•
ship between all programs and a time schedule for the total PERT System. The PERT ,
System shall be supported by specific narratives outlining procedures necessary. to
accomplish all work items.
(k) Prepare and assemble all above work in a final report.
(1) All work shall be done in a manner that will meet the requirements of the
Department of Housing and Urban Development for preparation of detailed work pro-
grams for Community Renewal Program and 701 Comprehensive Plan and for provision
of coordination of the C. R. P. , 701 program, Neighborhood Development Program,'
and Memorial Center, Urban Renewal Project.
(m) Other consultants will be utilized by Clifford Cason and Associates, Inc.,
including Real Estate. Data Processing, Sociology and Economics as jointly approved
by Clifford Cason and Associates and the Director of Planning of the City of Lubbock.
(n) Representatives of Clifford Cason and Associates and all consultants
employed thereby will work closely with the Lubbock Planning Department. All work
mentioned in this contract, having met the: requirements"of the Department of Housing
and Urban Development as to completeness, shall be approved by the Director of
Planning as to quality and adaptability to local needs. A representative of Clifford
Cason and Associates shall submit work accomplished on a weekly basis for review and
analysis by the Lubbock Planning Department no later than Monday of each week through-
out the contract period. The following work schedule shall be followed to accomplish a
detailed work program:
(1) A two-week period shall be set at the beginning of the contract for the
Consultants and the City Staff to determine relationships and work tasks
_ which are mentioned in Items• 1 and 2 above. During such period a .rem.
presentative of Clifford Cason and Associates will be available to the
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Lubbock Planning Department on a daily basis.
.(2) Thereafter, Monday of each week shall be set aside as a meeting
day for the Consultants and City Planning Staff to evaluate past and
upcoming work.' Postponement or cancellation of any meeting is left
to the discretion of the Director of Planning for the City of Lubbock. "
2. Time of Performance.
The services of the Contractor are to commence upon the 1st day of November •
19 70 and shall be undertaken and completed within 90 calendar days.-
S. Compensation . '
All the above work shall be performed: at the hourly rate s for labor and related
activities shown below.
(a) Sr. Principal 20.00 per hour
(b) Jr. Principal 18.00 per.hour
(c) Planner or Engineer ` 15.00 per hour
(d)Sr. Draftsman or -
Designer 10.00 per hour
_ (e) Jr. Draftsmen 8:00 per hour
(f) Clerical 5.50 per hour
(g) Authorized travel
-$0. 12 per mile.
(h) Subsistence allowance when required to
stay overnight' out of Waco or Lubbock
on authorized travel - $25.00 per day
(i) Any necessary approved subcontract work such
as testing, photography, reproduction of reports
:etc. at cost plus 15%
"No expense will be incurred under this agrdement'except• as.. authorized by.
the Director of Planning of the City of Lubbock.
It is hereby expressly agreed that the maximum amount of Compensation for
all the work shown. above shall not ,exceed $9, 200. 00
-4.- -Method of Payment.
Payment shall be based on number of hours of labor and other services completed.
Contractor shall submit monthly invoices on the first of the month for amount of fee
earned during the preceding month with appropriate documentation to support the
payment requested.
5. Changes
The City of Lubbock may, from time to time, request c a,nges in the scope of -
services of the Contractor to be performed hereunder
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Additional compensation for such changes which' are mutually agreed upon by and
be;.ween the City of Lubbock and the Contractor shall be negotiated and incorporated
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in written amendments to this contract.
6. Terms and Conditions.
This agreement is subject to and incorporates the provisions attached hereto and
entitled " Part II- Terms and Conditions, Form H621B. " dated February; 1969.
7. Prevailing Salaries.
Not less than respective salaries prevailing in the locality" as determined pursuant to
the attached instrument entitled "Determination of Prevailing Salaries of Technical "
Positions" shall be paid to persons in the respective occupations listed herein_ em-
ployed in the performance of the work under this contract.
8. Certifications.
The Contractor shall furnish the City of Lubbock with each statement -submitted for
services rendered certifications as to compliance with Section 7 of this contract.
when applicable and a similar certification of his Sub -contractors with respect to
employees engaged in work under this contract.
9. Federal Assistance.
The Contractor agrees to comply with H. U. D. regulations relative to the .ack-
nowledgement of Federal financial assistance.
IN WITNESS WHEREOF, the City of Lubbock and the Contractor have executed
this agreement as of the date first above written.
City of Lu Texa
BY -
Title
ATT H. CRANBERRY, MAY4(
PICK,
Se etary, Lavenia e
Clifford Cason & Associates, Inc.,
By
_ Preside
ATTEST:
APPROVED AS TO LEGAL FORM
AND LEGAL ADEQUACY:
`Attorney -At- Law '
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