HomeMy WebLinkAboutResolution - 092773B - Funding Agreement - URA - Neighborhood Development Program - 09/27/1973ffl?,q r? 5
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authoriz d
y i.e COV ' s and directed to execute for and on behalf of the City of Lubbock an agreement be -
cons ruct°ic' tween the City of Lubbock and the Urban Renewal Agency of the City of Lubbock
of W ter ji" es to cover engineering services provided by the City during the Third Action Year
in than of the NDP, attached herewith which shall be spread upon the minutes of the
Renev, aI!' are Council and as spread upon the minutes of this Council shall constitute and be a
part of this Resolution as ff fully copied herein in detail.
Passed by the City Council this 27 day of September 1973.
MORRIS W. TURNER, MAYOR
:ATTEST:
La nia Lowe, CitySecretary-Treasurer
I
APPROVED AS TO FORM:
I
f
Fred O. Senter, Jr., Attorney
d
CONTRACT FOR SERVICES
Part I
This agreement entered into this 27th_ day of --September__., 1973, between
the Urban Renewal Agency of the City of Lubbock, Lubbock County, Texas, (referred
to'as "Local Public Agency") and the City of Lubbock, A Some Rule Municipal
Corporation of Lubbock County, Texas, (Referred to as "Contractor'0):
WITNESSETH
WHEREAS, the Local Public Agency has entered into a Neighborhood Development
Program Funding Agreement, further identified as Funding Agreement No. TEX. A-14(C)
(LG) effective February 1, 1973, with the United States of America providing for
financial aid to the Local Public Agency under Title I of the Sousing Act of 1949
as amended by all amendatory acts and,
WHEREAS, pursuant to such Funding Agreement, 'the Local Public Agency is
undertaking certain activities necessary for the planning or execution of a Project
situated in the Pcoject Area described below; and,
WHEREAS, the Local Public Agency desires to'engage the Contractor to render
certain -technical advice and assistance in connection with such undertaking of the
Local Public Agency; and
WHEREAS, the Local Public Agency and the Contractor are seperate public
entities and not connected; NOW THEREFORE, the parties to this Contract do mutually
agree as follows:
1. Scope of.Services. The Contractor shall perform all necessary services
provided under this Contract in connection with and respection the following
Project area within the City-of Lubbock, Lubbock County, Texas, and being more
particularly described in "Exhibit A" attached hereto and made a part thereof,
and shall do, perform, and carry out, in.a satisfactory and proper manner, as
determined by the Local Public Agency, the following:
A. Engineering, Design, Preparation of Plans, Specifications, and Contract
Documents for Construction of Water Line.Improvements in the Lubbock Neighborhood
Development Program, Areas 3D, 1B, 3C, Urban Renewal Project TEX. A-14(C),'
including Field Layout, General Supervision and Administration of Authorized
Construction and continous resident field inspection, final inspection and accep
Lance for final payment for said Water Line Improvements.
The Local Public Agency shall furnish the following data and information to the
Contractor:
(a) copies of all final plats filed of record in the Project area. -
2. Time of Performance. The services of the Contractor are to cori.mence on
4
-2-
September 18, 1973, and shall be undertaken and completed in such sequence as to
assure their expeditious completion in the light of the purposes of this Contract;
but in any event all of the services required hereunder shall be completed by
September 18, 1974.
3. Local Public Agency will pay to the Contractor a sum not to exceed
$2,400.00 which shall constitute full and complete compensation for Contractor•a
services hereunder. Such sum will be paid as follows:
The Contractor shall deliver to the Local Public Agency within the first
fifteen (15) days of a calendar month following a calendar month in which any
contract services were rendered, an itemized statement stating the nature of the
contract services rendered, materials used, if any, the time expended in the per-
formance of such services and the sum demanded. The Contractor will charge the
Local Public Agency for the actual labor and material expenses incurred by it in
fulfilling the Contract. As a basis of determining the charges to the Local Public
Agency, the Contractor shall establish*a G. 0. W. 0. number to which all labor
and material expenses will be credited. Employee time cards for the Project
will be'maintained together with requisitions for materials used. All records
will be open for inspection by the Local Public Agency.
In addition to the compensation provided above, the Local Public Agency will
reimburse the Contractor monthly for travel and subsistence expenses in connection
with the performance of its duties under this Contract outside the.City of Lubbock,,
Texas, the actual cost of its agents or employees transportation by common carrier
or the sum of .10 cents per mile if the travel is performed by its own vehicles,
and not to exceed twenty ($20.00) dollars per -day of subsistence expenses.
It is expressly understood and agreed that in no event will the total
.compensation and reimbursement, if any, to be paid hereunder exceed the maximum
sum of $2,400.00 for all of the services required.
4. Terms and conditions. This agreement is subject.to and incorporates
the provisions attached hereto as Part II --- Terms and Conditions.
5. Non -Federal Labor Standards Provisions. The following labor standards
provisions are applicable to this Contract under State or local law; provided,
that the inclusion of such provisions in this Contract shall not be construed
to relieve the Contractor or any subcontractor from the pertinent requirements of
any corresponding Federal labor standards provisions of this Contract:. And
provided further, that the limitations, if any, in these non -Federal labor standards
provisions upon hours per day, per week, or per month which the employees engaged-
-3 -
on the work covered by this Contract maybe required or permitted to work thereon
shall not be exceeded. Where minimum rates of pay required.under State or local
law are higher than the minimum rates of pay required by or -set forth in the
Federal labor standards provisions of this Contract for corresponding classifi-
cations, such State or local minimum rates shall be the applicable minimum rates
of pay for such classifications.
6. Prevailing Salaries. Not less than the respective salaries prevailing in
the locality as determined pursuant to the attached "Determination of Prevailing
Salaries of Technical Positions" shall be paid to persons in the respective
occupations listed therein employed in the performance of work under this Contract.
7. Certifications. The Contractor shall furnish to the Local Public Agency
with each statement submitted for services rendered certifications as to compliance
with Section 6 -of this Part when applicable, and a similar certification of his
sub=contractors with respect to employees engaged in work under this Contract.
IN WITNESS WHEREOF, the Local Public Agency and the Contractor have
executed this agreement as of the date first above written.
URBAN RENEWAL AGENCY OF CI
OF LUBBOCK
�BY:
ATTEST:`
t
., ecretary
`'� �� .. , , . , •,,' CITY OF LUBBOCK
• MAYOR
ATTEST:
G�
ity Secretary -Treasurer - - '
APPROVED AS TO -FORM:
I
City Attorney
s
i _
• HUD -6417
' ffic:• -E7I
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
- t URBAN RENEWAL PROGRAM
DETERMINATION OF PREVAILING SALARIES • '.
' '-OF TECHNICAL POSITIONS
e
I
I
A. NA r6 7� •J Q. a t ry, ICy<G=` Y rC
i!•iri:.s • �:!'tt:`,.. .,':. i:'*� o« ►�•i•,"3 >I.t :i.J A. I ::.lss:r� i
C. LOCALITY OF PROJECTS
B. ADDRESS OF LOCAL PUBLIC AGE7NCY(lnclude Street Aedress, City, State and ZIPCode)
1114 loth Street
D•
PREVAILING SALARIES
PREVAILING SALARIES
CLASSIFICATION
DETERMINED BY SECRETARY
CLASSIFICATION
DETERMINED BY SECRETARY
REG-
PER
OYER-
PER
REG-
PER
OVER-
FEP.
OF
OF
EMPLOYMENT
ULAR
TIME
TIME
TIME:
EMPLOYMENT
ULAR
TIME
TIMI
TIME
RATE
PERIOD*
RATE
PERIOD`
RATE
PERIOD*
FATEPERIOD'
1
Planner (3)
S. S:
I
13
Drafismon (3)
3.50
2
Planner (2)
3. Cr
14
Draftsman (2)
2.75
'3
Planner (1) •
3. �.
15
Drof;smon (1)
2. co
16
Chief of Party
4
Engineer 9' (3)
Je .Jar
(Surveying)
3,50
5'
Engineer (2)_i.
FC
17
Instrumentrnnn
3.04
6
Engineer (1)
3.2L.
Is
Rodman
7
Architect (3)
5.5`
19
Choinmon
6
Architect (2)
31 1r
20
9
Architect (1) -
3 ..,
. � 4
21
10
Larasrapc
22
!�
IArcnilect (3)
.ti.Ir�:
11
Landscape
Architect (2)23
J . fr
12
Landscape
Architect (1)
Z _
24
• Year Indicatod by ••Y••, atonth by "JS•'. Week by "tt•'•, and flour by
E. The rates indicated above are determined to be the salary rates prevailing in the above locality for the respective classifica-
tions of architects, technical engineers, draftsmen, and technicians employed in the development of Title I projects.
In order to fulfill the provisiors of the contract or contracts for Title 1 financial assistance you shall require t%e payment of
not less Otan the salaries prevailing in the localit'y as herein determined, to such technical personnel employed in the deve!op-
ment of the aforementioned Title I projects as are within the purview of the determination. This determination supersedes all
previous der Zrminations.
• SECRETARY -OF HOUSING AND URBAN DEVELOPMIENT
Yw'
pato :�..:.. .., li.ts3.lii:i?i:a% 2'i• .�•>>'i:a �
• ,Regi..:
• Title
y. 219721-P HUU-::nsh., D.
U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HUD -621B
RENEWAL ASSISTANCE ADMINISTRATION (2-69)
CONTRACT FOR PROFESSIONAL OR TECHNICAL SERVICES
Part II — 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 Agency 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 Agency, 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 -Agency for damages sustained by the Local Public Agency by
virtue of any breach of the Contract by the Contractor, and the Local Public
Agency 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 Agency
from the Contractor is determined.
2. Termination for Convenience of Local Public Agency. The Local Public
Agency may terminate this Contract any time by a notice in writing from the
Local Public Agency to the Contractor. If the Contract is terminated by the
Local Public Agency 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: Provided, 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 Agency 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
Agency and the Contractor, shall be incorporated in written amendments to this
Contract.
HUD -621 B - 2 -
(2-69)
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 Agency.
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.
5. Anti -Kickback Rules. Salaries of architects, draftsmen, technical
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 law or
permitted by the applicable regulations issued by the Secretary of Labor pursuant
to the "Anti -Kickback Act" of June 13, 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 except 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 Agency 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 Agency 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 Local Public Agency
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
-3-
44UD-621 B
(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 Agency setting
forth the provisions of this nondiscrimination clause.
4
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 e»sployment without regard
'to race, color, religion, sex, or national origin.
c. The Contractor will cause the foregoing provisions to be inserted in all
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.
3,0. 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..
31. Subcontracting. None.of the services covered by this Contract shall
be subcontracted without the prior written consent of the Local Public Agency.
The Contractor shall be as fully responsible to the Local Public Agency 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 subco-retract
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 Agency:
Provided, however, that claims for money due or to become due the Contractor
from the Local Public Agency 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 Agency.
13. Interest of Members of Local Public Agency. No member of the governing
body of the Local Public Agency, 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, in this Contract.
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.
HUD -621 B _ k _
(2-69)
15. Interest of Certain Federal Officials. No member of or Delegate to
the Congress of the United States, and no Resident Commissioner, shall be
admitted to any share or part of this Contract or to any benefit to arise herefrom.
16. Interest of Contractor. The Contractor covenants that he presently
has no interest and shall not acquire any interest, direct or indirect, in the
above-described Project Area or any parcels therein or any other interest which
would conflict in any manner or degree with the performance of his services
hereunder. The Contractor further covenants that in the performance of this
Contract no person having any such interest shall be employed.
17. Findings Confidential. All of the reports, information, data, etc.,
prepared or assembled by the Contractor under this Contract are confidential
and the Contractor agrees that they shall not be made available to any
individual or organization without the prior written approval of the Local
Public Agency.
IV
221527-P (Rev. 2-69)
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