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HomeMy WebLinkAboutResolution - 2329 - Contract - Kerr Construction - Paving Improvements, N Quaker Ave - 05_22_1986Resolution #2329 May 22, 1986 Agenda Item #29 HW:js 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 authorized and directed to execute for and on behalf of the City of Lubbock a Contract with Kerr Construction Company for paving improvements on North Quaker Avenue from Clovis Road to Loop 289, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as fully copied herein in detail. Passed by the City Council this 22nd day of May , 1986. C � B. C. McMINN, MAYOR ATTEST: y Secretary APPROVE AS TO CON T: "J�, ene E ds, urchasing irector APPROVED AS TO FORM: Ifarold Willard, Assistant City Attorney CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 22nd day of May , A.D. 1986, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through B.C. McMinn , Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Kerr Construction Co. of the City of Lubbock , County of Lubbock and State of Texas , hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CON- TRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: N. QUAKER AVE. PAVING IMPROVEMENTS FROM CLOVIS ROAD TO LOOP 289 AND 21ST STREET RECONSTRUCTION FROM INDIANA AVE. TO MEMPHIS AVE. and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in.the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the perfor- mance of the contract in accordance with the proposal submitted therefor, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in quintuplicate in the year and day first above written. ATTEST: Secretary ATTEST: retary CITY OF LUBBOCK, TEXAS (OWNER) BY: MAYOR Kerr Construction Co. CONTRACTOR BY - TITLE: ,/&5: COMPLETE ADDRESS: Kerr Construction Co. P.O. Box 888 Lubbock Texas 79408 APPROVED AS TO FORM: APPROVED AS TO CONTENT: City of Lubbock / City f Lubbock :— 1, BY: er��� 1hla ,City I torney Direc r of Tr sportation PART It - 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 conve- nants, agreements, or stipulations of this Contract, the City of Lubbock hereinafter referred to as the "City", 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 Con- tractor under this Contract shall, at the option of the City, become its property and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents. Nothwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of setoff until such time as the exact amount of damages due the City from the Contractor Is determined. 2. Termination for Convenience of the City. The City may terminate this Contract any time by a notice in writing from the City to the Con- tractor. If the Contract Is terminated by the City 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 City 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 Contractors compensation, which are mutually agreed upon by and between the City and the Contractor, shall be incorporated in written amendments to this Contract. 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 City. b. Ail 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 thereunder 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 subcon- tractor thereunder, the City 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 City 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 City 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 selection for training, including appren- ticeship. The Contractor agrees to post in conspicuous places, avail- able to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this nondiscrimination clause. b. The Contractor will, in all solicitations or advertisements for employees place 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 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 proceedings under or relating to the labor standards appli- cable 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 Contract shall be subcontracted without the prior written consent of the City. The Con- tractor shall be as fully responsible to the City 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 City; Provided, however, that claims for money due or to become due the Contractor from the City 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 City. . 13. Interest of Members of City. No member of the governing body of the City, and no other officer, employee, or agent of the City 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 govern- ing body of the locality in which the Project Area is situated, and no other public official of such locality, who exercises any functions or respons- ibilities 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 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 any of the above -described Project Areas 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 City. U. S. Department of Housing and Urban Development HUD-621B Renewal Assistance Administration (2-69)