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HomeMy WebLinkAboutResolution - 010958A - Contract - URA - Coronado Urban Renewal Project - 01_09_1958 - II yz, ( ,1 RESOLUTION WHEREAS, the Board of Commissioners of the Urban Renewal Agency of the City of Lubbock, a body politic and corporate, has determined by a Resolu- tion passed by said Board of Commissioners on December 31, 1957, that certain structural surveys, land use studies, environmental studies, and family questionnaire and records should be prepared in connection with the Coronado Urban Renewal Project; and said Board of Commissioners further determined in said Resolution that the City of Lubbock has the facilities and personnel adequate to carry out the tasks above-mentioned; and said Board of Commissioners authorized its chairman to enter into a contract between said Agency and the City of Lubbock for the performance of such above-mentioned tasks by said City, said contract providing that the Urban Renewal Agency of the City of Lubbock should reimburse the City of Lubbock on an actual cost basis for the performance of said tasks by the City of 'Lubbock; and, WHEREAS, the City Commission of the City of Lubbock finds it would be to the public interest, health, safety and the general welfare that the City of Lubbock enter into said contract with the Urban Renewal Agency of the City of Lubbock; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. THAT the Mayor is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract to be entered into by and between said City and the Urban Renewal Agency of the City of Lubbock, said _ contract providing that pursuant to said Contract, said City shall prepare for said Agency certain structural surveys, land use studies, environmental studies,; and complete certain family questionnaires and surveys in connection with the j Coronado Urban Renewal Project located in the City of Lubbock, Texas; said contract bearing the date of January 1, 1958. i SECTION 2. Said Contract shall provide that the Urban Renewal Agency of the City of Lubbock shall compensate the City of Lubbock for the services render' " ed by said City pursuant to said Contract on an actual cost basis for such servioes. The total compensation to be paid by said Agency to said City shall not exceed $1800. 00. SECTION 3. The City Secretary shall attest the signature of the Mayor to said Contract, and shall affix the Seal of the City of Lubbock thereto. On motion of Commissioner Baker , seconded by Commissioner Maxez the above and foregoing Resolution was passed by the City Com- mission is 9th day of January , 1958, by the following vote: --------------- Commissioners voting aye: Mayor Forrest and Commissioners Baker, Byrd, Casey and Maxey. Commissioners voting nay: None yor ATTE 416� Lav nia Lowe, CAty Sec eT7FN Treasurer �I I— OICASTA qq C O N T R A C T PART I - AGREEMENT THIS AGREEMENT entered into as of this 1st day of January, 1958, by and between ne Urban Renewal Agency of the City of Lubbock, State of Texas, hereinafter referred to as the"Local Public Agency" and the City of Lubbock, a Home Rule Municipality of the County of Lubbock, State of Texas, hereinafter referred to as the "Contractor's. WITNESSETH THAT: WHEREAS, the Local Public Agency has, under date of December 30, 1957, entered into a Contract for Advance with the United States of America providing for financial aid to the Local Public Agency under Title I of the Housing .Act of 1949, (as amended prior to the Housing Act of 1954) (as amended by all amendatory Acts including the Housing Act of 1954); and, ,WHEREAS, pursuant to such Contract the Local Public Agency is undertaking certain activities necessary for the planning or execution of a Project, situated in the Project 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 undertakings of the Local Public Agency. ,NOW THEREFORE, the parties hereto do mutually agree as follows: 1. Scope of Services. The Contractor shall perform all the necessary services pro- vided under this Contract in connection with and respecting the following Project Area: !Coronado Urban Renewal Area located in the City of Lubbock, Lubbock (County, Texas, and described generally as follows: BEGINNING at the intersection of the Northeast line of Southeast Drive with the NB line of the F. W. and D. C. Ry. right of way; THENCE Northwesterly with said street line to the NB line of East 28th Street; THENCE West to the W. B. line of Juniper Avenue; ;THENCE South to the NB line of said 'X. W. and D. C. Ry. right of way; THENCE Easterly with said NB right of way line to the Place of Beginning. and shall do, perform, and carry out, in a satisfactory and proper manner, as determined by the Local Public Agency, the following: ,The Building Inspection Department of the Contractor shall do and perform the following �, services pursuant to this Contract: OICASSA A. Carry out and complete a family survey of all families residing in the Coronado Urban Renewal Project Area located in the City of Lubbocks Texas. A copy of the questionnaire entitled "Family Questionnaire and Survey Record' is attached hereto and hereby made a part of this Contract. B. Carry out and complete a structural survey of all structures within the Coronado Urban Renewal Project Area. A copy of this survey form entitled "Urban Renewal Agency of Lubbock Structural Survey" is attached hereto and hereby made a part of this Contract. This structural survey shall determine the existing conditions of each structure and shall plat the inside diminsions of each structure. C. Carry out and complete a land use study of the Coronado Urban Renewal Project Area indentifying specifically the use being made of each structure and each parcel of land in the project area.. D. Carry out and complete an environmental study of the Coronado Urban Renewal Project Area. A copy of the survey form entitled "Project Environmental Study" is attached hereto and hereby made a part of this Contract. E. Furnish all mapsg,. materials, labor etc. to accomplish the surveys provided for ,in Subsections A, B, Cs and D above. 2. Time of Performance. The services of the Contractor to commence upon January is 1958„ and shall be undertaken and completed in such sequence as to assure their expeditious completion in the light of the purposes of this Contracts but in any event all of the services required hereunder shall be completed within 45 consecutive calendar days from the date of this Contract. 3. Compensation. It is provided that the Contractor shall be compensated for ser- vices performed under authority of this contract on an actual cost basis by the Local Public Agency. The Contractor is hereby authorized to incur costs not exceeding One Thousand Eight Hundred and No/100 Dollars ($1800. 00) in the performance of services and purchase of materials authorized by this contract, and said sum shall constitute complete compensation for all services to be rendered pursuant to this contract. The Contractor shall be compensated by the Local Public Agency for use of automobiles owned by the Contractor and/or under the Contractorts control at the rate of five cents (5�) per mile for each mile of use of said automobiles necessary for the performance of services authorized by this contract. Accurate records of said mileage shall be kept by the Contractor and shall be open to inspection by the Local Public Agency. 4. Method of Payment. All items of compensation to be paid to the Contractor ,by the Local Public Agency shall be supported by evidence of actual cost including, but not limited to: purchase orders, duly authenticated time cards showing the amount of time of employees of the Contractor was allocated to services rendered in urban r"`, Page Two r F ORASSA renewal work pursuant to this contract, invoices, payroll ledgers, statements, cancelled checks, and other suitable evidence of expenditures. Such evidence of ,,•� actual cost shall be kept and/or filed in its customary location in or near City Hall of the City of ,Lubbock, Texas, and shall be available for inspection during normal working hours by any person authorized by the Local Public Agency to inspect such records. The Contractor is hereby authorized to buy, purchase, lease or rent such materials as are necessary for the performance of services authorized by this contract. The Local Public Agency shall compensate the Contractor for such materials as are used and are necessary for the performance of services authorized by this contract. In no case shall the Local Public Agency compensate the Contractor for the full value of capital equipment owned by the Contractor unless the total value of said capital equip- ment is entirely used up and/or depreciated by the performance of services authorized by this contract. In use of capital equipment by the Contractor in performance of services authorized by this contract, the Contractor shall be compensated for that actual part of the capital equipment depreciated and/or used up in performance of services authorized by this contract; provided however, that said compensation for use of capital equipment shall not be deemed to include use of automobiles or purchase of expendable items such as but not limited to measuring tape, pencils, printed mat- erial or other such incidentals. 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 $1800. 00 for all of the services required. 5. Terms and Conditions. This contract is subject to and incorporates the ,provisions attached hereto as Part II, Terms and Conditions. IN WITNESS WHEREOF the Local Public Agency and the Contractor have executed this contract as of the date first above written. URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK - (Local Public Agency) CHAI r :SEC TARP CITY OF LUBBOCK (Contractor} By- Si Si Forrest, Jr.: ,Afar r ATTEST: - roved La enia Lowe, City Secretary- Cit ttorney ;Treasurer 01CFI58A Housing and Home Finance Agency H-621B URAAN REN MAL ADMTNI STRATTON (7-57) CONTRACT FOR PROFESSIONAL OR TECRNICAL SERVICES PART II--TFP.I.?S AND CONDITIONS 1. Termination of Contract for Cause. If, through any cause, the Contractor shall fail o lme y an-d 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 Rork 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 t s on ract 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-7 Ee scope of the services of the Contractor to be performed hereunder. Such changes, including any increase or decrease in the amount of the Contractorts 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. 2 - OICORSSA -'' 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 tecEffelans 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 l3, 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 Rork 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 un erpaymen o sa es y 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 c ss ca ions o arc tects, 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. Nondiscrimination. There shall be no discrimination against any employee who is em_pTo_y=en the work,covered by this Contract, or against any applicant for such employment, because of race, religion, color, or national origin. This provision shall include, but not be limited to, the followings employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and 'selection for training, including apprenticeship. In case of any subcon- tracting of the work covered by this Contract, the Contractor shall insert the preceding two sentences in its agreements with such subcontractors. The Local Public Agency, if required by the terms of its Contract with the Federal government hereinbefore mentioned, shall furnish the Contractor with non- discilimination posters, which the Contractor shall display in conspicuous ` plee$A readily seen by employees and applicants for employment. I 0109SSA _ 3 _ r - 9. Discrimination Because of Certain Labor Matters. No person employed on the work covered s Contract shall be aiscl9ri—geZor 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 ws, 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. U. Subcontracting. None of the services covered by this Contract shall be subcontracted wit out 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 subcontract appropriate provisions requiring compliance with the labor standards provisions of this Contract. 12. Assignability. The Contractor shall not assign arty interest in this Contract, an s not transfer any interest in the same (whether by assignment or novation) without the prior w-L3tten approval of the Local Public Agency; Provided, however, that claims for money due or to become due the Contractor from t 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 theto-cal c Agencyj and no other o cer, 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 oca y wlffch 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. 15. Interest.of Certain Federal Officials. No member of or Delegate to the Congress or the U=e gtaUess and no Res ent 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 inte!:RT and sball 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 hie- 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 e 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.