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HomeMy WebLinkAboutResolution - 2443 - Agreement - PRC Engineering Inc - Cable Relocation Design Project - 10_07_1986Resolution #2443 October 7, 1986 Agenda Item #19 JWF: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 an Agreement between the said City and PRC En- gineering, Inc., for consulting technical and/or professional services with the Cable Relocation Design Project, attached herewith, which shall be spread upon the minutes of the Coun- cil and as spread upon the minutes of this Council shall con- stitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 7th day of October 1986. c S. C. Mc INN, MAYOR ATTEST: Ranett'e_Boyd, City Se APPROVED AS TO CONTENT: David Woosley, Traffic Eneer APPROVED AS TO FORM: A _ 'Ic J. rth Fullingim, AssistRnt Ci Attorney Resolution #2443 Revised 8/28/86 CONTRACT THIS AGREEMENT, made this 7th day of October , 1986 by and between the City of Lubbock ("CITY"), and PRC Engineering, Inc., 1505 Planning Research Drive, McLean, Virginia, A State of New York Corporation ("CONSULTANT"). WITNESSETH WHEREAS, the CITY desires to engage the CONSULTANT to render certain technical and/or professional services hereafter described in connection with the Cable Relocation Design Project, and WHEREAS, the CONSULTANT is qualified and agreeable to render the aforesaid technical and/or professional services; NOW, THEREFORE, for and in consideration of the foregoing and the mutual promises hereafter expressed, and ire ending to be legally bound hereby, the parties hereto do mutually agree as follows-. Article 1. Employment of Consultant The CITY hereby agrees to engage the CONSULTANT to perform the technical and professional services as hereafter set forth. Article 2. Statement of Work the services set forth in Attachment A to this Agreement. Said Attachment A is hereby made part of this Agreement. Article 3. Data to be Furnished All information, data, reports and records and maps as are existing, available and necessary for the carrying out of the work as outlined in Article 2 hereof shall be furnished to the CONSULTANT without charge by the CITY, and the CITY shall cooperate in every way possible in the carrying out of the work without undue delay. Article 4. Personnel A. The CONSULTANT represents that it employs, or will employ at its own expense, all personnel required in performing the services under this Agreement. 1 B. All of the services required hereunder will be performed by the CONSULTANT or under its direct 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. None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of the CITY. Article 5. Time of Performance The services of the CONSULTANT are to commence within five (5) days after the date of this Agreement, and shall be undertaken and completed in such a sequence as to assure their expeditious completion in light of the purposes of this Agreement. The work shall be completed in accordance with the schedule defined in Attachment A. Article 6. Compensation The CITY hereby agrees to pay the CONSULTANT the total lump sum fee of FORTY-THREE THOUSAND SIX HUNDRED DOLLARS ($43,600.00) for his serv- ices as described herein, and such sum shall constitute full and complete compensation for the CONSULTANT's services hereunder. Article 7. Method of Payment Estimates shall be made monthly of the amount and value of the work and services performed by the CONSULTANT pursuant to this Agreement, and the CONSULTANT shall submit an invoice to the CITY, stating that the stipulated services have been satisfactorily completed, and specifying the percentage of the project completed. The monthly payment shall be computed as the percent completed during the month multiplied by the lump sum fee stated in Article 6, less five percent (5%) retainage to be held by the CITY until completion of the work under this contract. Final payment in the amount of the lump sum fee stated in Article 6, less the sum of all previous payments, shall be made to the CONSULTANT by the CITY upon completion and acceptance of all work under this contract. All invoices shall be paid promptly upon receipt by the CITY; but in no case shall payment of any invoice be delayed for more than thirty (30) days after its receipt by the CITY. The form of the invoice is shown in Attachment B. Article 8. General Provisions The following general provisions are incorporated herein and made a part hereof: A. Changes. The parties hereto may from time to time require changes in the Statement of Work and the time of performance as set forth herein. Such changes, including any increase or decrease in the 2 amount of the compensation to the CONSULTNAT, which are mutually agreed upon by and between the parties herto, shall be incorporated as written amendments to this Agreement. Any claim by the CONSULTANT for an adjustment under this clause must be asserted within thirty (30) days from the date of receipt by the CONSULTANT of the notificaiton of change; provided, however, that the CITY may, if equity is obtained, receive and act upon any such claim asserted at any time prior to final payment under this Agreement. B. Extras. Except as otherwise provided herein, no payment for extras shall be made unless and until such extras and the price therefor have been authorized in writing. C. Specifications. All specifications, manuals, standards, etc., either attached to this Agreement or incorporated herein by references, are deemed to be the issue in effect as of the date of this Agreement and are binding as to the performance of the work specified in this Agreement unless they are changed by written amendment and this Agreement modified in writing to incorporate such changes. D. Termination for Convenience of City. The CITY may terminate this Agreement at any time by giving written notice to the CONSULTANT of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. In that event, all finished or unfinished documents and other materials shall, at the option of the CITY, become its property. If this Agreement is terminated by the CITY as provided herein, the CONSULTANT 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 CONSULTANT covered by this Agreement, less payments of compensations previously made. E. Terminiation of Agreement for Cause. (1) The CITY may, subject to the provisions of paragraph (3) of this clause, by written notice to the CONSULTANT, terminate the whole or any part of the Agreement in any of the following circumstances: (a) If the CONSULTANT fails to perform the services called for by this Agreement within the time(s) spe- cified herein or any extension thereof; or (b) If the CONSULTANT fails to perform any of the other provisions of the Agreement or so fails to make progress as to endanger performance of this Agree- ment in accordance with its terms, and in either of 3 these two circumstances does not correct such failure within a period to ten (10) days (or such longer period as the CITY may authorize in writing) after receipt of notice from the CITY specifying such failure. (2) The CONSULTANT shall not be liable for any excess costs if the failure to perform this Agreement arises out of causes beyond the control and without the fault or negligence of the CONSULTANT. Such causes may include, but are not restricted to, acts of God or of the public enemy, acts of the Government in either its soverign or contractual capacity, acts of the CITY, fires, floods, epidemics, quarantine restrictions, strikes, and unusually severe weather; but in every case, the failure to perform must be beyond the control and without the fault or negligence of the CONSULTANT. (3) If this Agreement is terminated as provided in paragraph (1) of this clause, the CITY may require the CONSULTANT to provide all finished or unfinished documents, data studies, services, drawings, maps, models, photographs, reports, etc., prepared by the CONSULTANT. In this event, the CONSULTANT shall be entitled to receive just and equitable compensation for the services performed on the afore- mentioned and all costs associated thereto. (4) If, after notice of termination of the Agreement under the provisions of this clause, it is determined for any reason that the CONSULTANT was not in default under the provisions of this clause, or that the default was excusable under the provisions of this clause, the rights and obligations of the parties shall, if the Agreement contains a clause providing for termination for convenience of the CITY, be the same as if the notice of terminiation has been issued pursuant to such clause. F. Interests of Members of the City and Others. No officer, member, or employee of the CITY, and no member of its governing body nor other public official of the governing body of the locality or localities in which the work pursuant to this Agreement is being carried out, who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of the aforesaid work, shall: (1) Participate in any decision relating to the Agreement which affects his personal interest or the interest of any corporation, partnership, or association in which he has directly or indirectly, any interest, or 4 (2) Have any interest, direct or indirect, in this Agreement or the proceeds thereof. (G) Interest of the Consultant. The CONSULTANT hereby covenants that he has, at the time of the execution of the Agreement, no interest, and that he shall not acquire any interest in the future, direct, or indirect, which would conflict in any manner or degree with the performance of services required to be performed pursuant to this Agreement. The CONSULTANT further covenants that in the performance of this work no person having any such interest shall be employed. H. Officials not to Benefit. No member of nor delegate to the Congress of the United States of America or any Resident Commissioner or any official of the State of Texas or of the City of Lubbock shall be admitted to any share or part hereof or to any benefits to arise herefrom. I. Findings Confidential. No report, information, or other data given to or prepared to be assembled by the CONSULTANT pursuant to this Agreement, which the CITY has requested be kept confidential, shall be made available to any individual or organization by the CONSULTANT without the prior written approval of the CITY. J. Subletting or Assignment. Neither of the parties hereto shall assign, sublet, or transfer his interest in this Agreement or any portion thereof without the prior written consent of the other, except as otherwise noted herein. K. Rights to and Disposition of Data. The term "subject data" as used herein includes all data, written materials, photographs, drawings, or other information collected or created under this Agreement whether delivered under this Agreement or not. The term does not include financial records, accounting records, or other information incidental to the administration of this Agreement. All subject data shall be retained by the CONSULTANT, in accordance with the terms of this Agreement, until disposition of such subject data shall have been determined in a manner mutually agreeable to the parties hereto. Subject data shall be available for study and utilization by the CITY so long as such subject data is in the possession of the CONSULTANT. Following termination of the work pursuant to this Agreement, the CITY may duplicate, use and disclose in any manner all subject data for legitimate CITY purposes, but the CONSULTANT's copyright shall be honored in all other cases. L. Publications. It is agreed that either or both of the parties herto may publish at any time, subject to the terms of this Agreement, the results of the work conducted hereunder, provided credit is given to 5 the individuals and organizations who conducted and sponsored the work. A copy of each manuscript to be submitted for publication by either of the parties herto shall be furnished to the other party prior to such submission for publication, and five (5) copies or reprints shall be furnished to the other subsequent to publication. Articles or works reporting on the subject work hereunder or on portions thereof which are published by the CONSULTANT shall contain in the foreword, preface, or footnote a statement to the effect that publication of the article or work does not necessarily indicate acceptance by the CITY of the findings, conclusions or recommendations either inferred or specifically expressed therein. M. Insurance and Mutual Assistance. The CONSULTANT shall carry insurance to protect him from claims under workmen's compensation acts; from claims or damages caused by bodily injury, including death, to employees and the public; and from claims for property damage. If any claim related to the performance hereunder be asserted against either party hereto, the party claimed against shall receive reasonable assitance from the other. N. Successor and Assigns. Each of the parties hereto hereby binds himself, his partners, successors, assigns and/or legal representatives to the other party, his partners, successors, assigns, and/or legal representatives to this Agreement, in respect to all covenants of this Agreement. O. Indemnification - The CONSULTANT hereby expressly agrees and convenants that he will hold and save harmless and indemnify the CITY, its officers, agents, servants, and employees from liability of any nature or kind, arising out of negligent acts, errors, or omissions of the CONSULTANT in connection with the work to be performed hereunder. P. Entire Agreement - This Agreement represents the entire agreement between the parties and replaces and supersedes any other agreement written or otherwise. Article 9. U.S. Department of Transportation Requirements. A. Audit and Inspection of Records. The CONSULTANT shall permit the authorized representatives of the Federal Highway Administration, the State Department of Highways and Public Transportation, the Comptroller General of the United States, and the CITY to :inspect and audit all data and records and study activities of the CONSULTANT relating to its performance and its subcontracts under 11 the Contract from date of Contract through and until the expiration of three (3) years from the date of final payment to the CONSULTANT. The CONSULTANT shall keep all financial records, i.e. monthly statements, invoices, receipts, charges and any other data and records as a result of this Contract from date of Contract through and until the expiration of three (3) years from the date of final payment to the contractor. B. Equal Employment Opportunity. In connection with the execution of this Contract, the CONSULTANT shall not discriminate against any employee or applicant for employment becuase of race, religion, color, sex, age, physical or mental handicap, or national origin. The CONSULTANT shall take affirmative actions to ensure the applicants are employed, and that employees are treated, during their employ- ment, without regard to their race, religion, color, sex, age or national orgin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. C. Interest of Members of Congress. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Contract or to any benefit arising therefrom. D. Interest of Public Officials. No member, officer, or employee of the public body or of a local public body during his tenure or for one (1) year thereafter shall have any interest, direct or indirect, in this Contract or the proceeds thereof. E. Minority Business Enterprise. In connection with the performance of this Contract, the CONSULTANT will cooperate with the maximum utilization of minority business enterprises and will use its best efforts to ensure that minority business enterprieses shall have the maximum practicable opportunities to compete for subcontract work under this Contract. F. Compliance with Title VI of the Civil Rights Act of 1984. In connection with the performance of this Contract, the CONSULTANT will observe and comply with applicable civil rights regulations as provided in Attachment C attached hereto, and made a part of this Contract. Article 10. Indemnification The CONSULTANT will indemnify, keep and save harmless the CITY, the State Department of Highways and Public Transportation, and the U.S. Department of Transportation from all claims and liability due to its negligent acts or the 7 negligent acts of its subcontractors, agents, or employees during the course of work. Article 11. Termination of Contract It is agreed that either party may terminate this Contract all or in part at any time by written notice by certified mail, with the understandin that work hereunder shall cease as of the date stipulated in the written notice of termination. Such termination may be effected by either party when it is in the best interest of said party. On the part of the City, termination action under this clause may also in initiated in the event grant funds are withdrawn or otherwise made unavailable by the funding sources. Any termination notice will specify to what extent performance of work has been terminated and the effective date of termination. CONSULTANT shall be compensated for work completed through the date of termination, as provided for in Aritcle 8, paragraphs D and E of this Contract. In case of disputes, the Traffic Engineer, City of Lubbock; Senior Planning Engineer, State Department of Highways and Public Transportation; and other persons as may be appointed by these listed shall form a committee and resolve all disputes to the satisfaction of all parties, in writing. Article 12. Acknowledgement and Disclaimer When appropirate, all documents and reports published by the CONSULTANT shall contain a statement acknowledging the cooperation and assistance of the U.S. Department of Transportation, Federal Highway Administration, and the Texas Department of Highways and Public Transportation, in the preparation and publication thereof. In addition, all documents and reports shall contain a disclaimer statement identical or similar to the following: "The contents of this report reflect the views of the author who is responsible for the facts and accuracy of the data presented herein. The contents do not necessarily reflect the official views or policies of the Federal Highway Administration. This report does not constitute a standard, specification, or regulation." Article 13. Covenant Against Contingent Fees The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this Contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, CITY shall have the right to annul this Contract without liability, or at its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage, gift or contingent 'fee. P Article 14. Certification Of Consultant Required certifications with respect to the negotiation and execution of this Contract and the terms and conditions thereof are attached hereto as Attachment D and made a part thereof. Article 15. Venue Venue and jurisdiction of any suit, right or cause of action arising under or in connection with the Contract shall lie exclusively in Lubbock County, Texas. IN WITNESS WHEREOF, the parties herto have caused these presents to be signed by their proper officers the day and year first above written. PRCI-q%IGINEERING, INC. By: vis[on Vice President CITY OF LUBBOCK, TEXAS By: S. (!� 'Al c� B. C. McMIMq Mayor ATTEST: B • Ranet oyd, City Secretary APPROVED AS TO CONTENT: By: David E. Woosley, Traffic Enginepf- APPROVED AS TO FORM: By: Vffla Worth Fullingim Assistant City Attorney E ATTACHMENT A Revised 1 /31 /86 WORK PLAN The project will be designed by the CONSULTANT in accordance with the functional design shown in Figure 1 and described below. • Install a terminal box on the utility pole at the intersection of 18th Street and the Avenue G/H Alley. • Install new cables A and B from this point to the west along 18th Street to Avenue P and then south along Avenue P to the 21st Street/22nd Street Alley. This cable will be "piggy -backed" on the existing cable C. • Install new cables A and B from this point to the south along Avenue P to 34th Street on existing pole line. • Install a terminal box on the pole at the southeast corner of 34th Street and Avenue P. Terminate cable B in this box. After testing the new cable B, connect it in this box to the existing cable B which runs along the south side of 34th Street. • Install new cable A from this point to the south along Avenue P to 50th Street on the existing pole line. • Terminate cable A in the existing terminal box and connect it, after testing, to existing cable A. • Cut existing cables A and B just south of the new terminal box on 18th Street and the Avenue G/H Alley and connect existing cables A and B from the control center to the new cables in the terminal box. Then verify that data transmission is acceptable. • Remove existing cable B from this point south to the existing signal at Avenue H and 30th Street and remove cable A from this point south to the existing school beacon on Avenue H south of 50th Street. WORK PLAN Each of the tasks necessary to accomplish the design are described briefly below and shall be performed by the CONSULTANT. A-1 INSTALL CABLES A & B PIGGY -BACKED ON CABLE C 18TH ST. •-. 19TH ST. 44 23RD ST INSTALL CABLES A & B 32ND ST. INSTALL TERMINAL BOX 38TH ST. INSTALL CABLE A p••• • • ....... . .. 11111811135101 Cr ac s Ld LJ W W t W > >. :pe- > Q ar to a w r Figure 1. Functional Design RETAIN EXISTING CABLES A & B FROM CONTROL CENTER -INSTALL TERMINAL BOX REMOVE EXISTING CABLES A & B 30TH ST. 34TH ST. .REMOVE EXISTING CABLE A 50TH ST. LEGEND CABLE A EXISTING 6*" NEW CABLE B EXISTING --» NEW • SIGNAL JSCHOOL BEACON Task 1: Prepare Base Plans The majority of the cable relocation plans will be prepared at a scale of one inch equal to 300 feet. This is the same scale as was used for the signal system plans and the format of the plans will be the same as was used for the signal system plans. This will allow the new plans to be integrated into the existing plan set for permanent documentation. The base maps to be used for the plans will come from two sources. Where work is required on portions of the cable network for which there are already signal system plans, mylar reproductions of the signal system plans will be used as the base plans. Where cable must be installed along new routes, the CONSULTANT will trace the appropriate routes from the City's 1" _ 300 feet right-of-way maps. Task 2: Log Utility Poles Once the base plans are ready, the CONSULTANT will log all of the utility poles to be used to support the new cable. These poles will then be added to the base plans. Taks 3: Perform Field Design Using prints of the base plans with the utility poles plotted on them, an engineer of the CONSULTANT will perform the necessary design on -site. This design will encompass exact cable routing, mounting heights, special attachment require- ments, guying requirements, terminal box requirements, and conduit requirements as appropriate. The field design will also verify that the cable pairs are actually assigned in accordance with the cable connection tables prepared by Traffic Control Devices, Incorporated. A-2 Task 4: Draft Design Upon completion of the field design, the design will be drafted onto the base plans. The format used will be the same one which was used for the signal system plans. The plans will be prepared in ink on mylar. Task 5: Develop Typical Plans Concurrently with tasks 2 through 4, the CONSULTANT will prepare necessary typical installation plans for the project. In most instances, the existing typical plans from the signal system project will be sufficient; however, new typical plans will be developed as the work requires. Task 6: Field Check Plans Following completion of the above tasks, the plans will be field checked by the engineer responsible and by the Project Manager. Any necessary revisions will be made. Taks 7: Develop Quantites In parallel with task 6, the CONSULTANT will develop a list of bid items and the quantity estimate and will include the quantity estimate in the plans. The bid items will be defined with sufficient granularity to provide the City with all necessary latitude in dealing with field changes which may be necessary without the need for costly negotiations with the contractor. The quantity estimate will be developed, will be keyed to each plan sheet and will be documented to facilitate the City's Resident Engineer's work in verifying the quantities actually installed by the contractor. A-3 Task 8: Prepare Specifications While the plans preparation is underway, the CONSULTANT will develop the necessary technical and administrative specifications for the project. These will be developed by the CONSULTANT's Project Manager. Task 9: Quality Contol When tasks 1 through 8 have been completed, the plans and specifications will be subjected to the CONSULTANT's in-house quality control proecdures. They will be reviewed by a qualified senior engineer. Any deficiencies found will be corrected prior to presentation of the preliminary plans and specifications to the City for review. Task 10: Review with City Following completion of the above work, the preliminary plans and specifictions will be furnished to the City for review. Following the City's review, the CONSULTANT will meet with the City's traffic engineers to receive and respond to their comments and questions. Task 11: Utility Review Simultaneously with submission of the preliminary plans and specifications to the City for review, the CONSULTANT will submit them to the affected utility owners for review. Task 12: Develop Engineer's Estimate While the preliminary plans and specifications are being reviewed, the CONSULTANT will develop the itemized engineer's estimate for the project. A-4 Task 13: Revise Plans and Specifications Once the CONSULTANT has received the comments from the City and the utility owners, he will make any necessary changes to the plans and the specifications and will finalize them. Task 14: Furnish Plans and Specifications to City The CONSULTANT will furnish the finalized plans, specifications and engineer's estimate to the City for use on the project. Task 15: Test Cable Following installation of the new cable by the contractor and prior to its being placed in service, the CONSULTANT will test the new cable to verify that it is satisfactory. The results of this test will be reported to the City in a "letter" type technical memorandum. Additions Services If required by the City, the CONSULTANT will assist the City with submittal data review, construction observation and other tasks related to the signal system. If these services are required, they shall be performed only upon written authoriza- tion of the CITY. In such case, the CITY will reimburse the CONSULTANT on the basis of the hourly billing rates shown in Attachment E plus non -salary direct expenses, certain of which are fixed at the values shown in Attachment E. DELIVERABLES The Summary of Deliverable items below lists all the items which will be provided to the City by PRC Engineering during the course of this project. A-5 SUMMARY OF DELIVERABLE ITEMS 1. Mylar originals of the plans. 2. Blue line prints of the plans sealed by the Registered Professional Engineer responsible for the work. (2 sets) 3. Camera-ready originals of the specifications in 8-1/2" X II" format. 4. Bound sets of the specifications sealed by the Registered Professional Engineer responsible for the work. (2 sets) 5. Engineer's estimate. 6. Testing of the new cable. 7. Technical memorandum of cable test. (5 copies) PROJECT SCHEDULE The CONSULTANT will accomplish the interconnect cable relocation design through the completion of preliminary plans and specifications within two months after receiving Notice to Proceed. Finalization of the plans and specifications will occur within 30 days after receipt of the City's comments and those of the affected utility owners. A-6 ATTACHMENT B (Revised 4/21/86) INVOICE To: City of Lubbock PO Box 2000 Lubbock, Texas 79457 Attention: Mr. Van G. Cook From: PRC Engineering 1505 Planning Research Drive McLean, Virginia 22102 Attention: Mr. Richard Casey Re: Cable Relocation Design PRC Job: Invoice No.: Date: For Work In 1986 Contract Amount: $43,600.00 Percent Percent Percent Task Is Of Task Project Project Complete Complete Task A B C = A x B 1 Prepare Base Plans 2 Log Utility Poles 3 Perform Field Design 4 Draft Design 5 Develop Typical Plans 6 Field Check Plans 7 Develop Quantities 8 Prepare Specifications 9 Quality Control 10 Review With City 11 Utility Review 12 Develop Engineer's Estimate 13 Revise Plans and Specifications 14 Furnish Plans and Specifications to City 15 Test Cable TOTALS CERTIFICATION These charges are correct and payable to the best of my knowledge. Jay Baldock, Associate Percent Percent Project Project Complete Complete Thru Last This Month Month D E=C-1 3 0.0 0.0 7 0.0 0.0 11 0.0 0.0 4 0.0 0.0 4 0.0 0.0 7 0.0 0.0 4 0.0 0.0 10 0.0 0.0 7 0.0 0.0 6 0.0 0.0 4 0.0 0.0 2 0.0 0.0 4 0.0 0.0 3 0.0 0.0 24 0.0 0.0 100 0.0 0.0 CONTRACT AMOUNT $43, 600.00 Portion Completed This Month 0.00 Amount Earned This Month 0.00 Less Retainage (5%) 0.00 Amount Due (Pay This Amount) 0.00 ATTACHMENT C NOTICE TO CONTRACTORS COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 FOR FEDERAL -AID CONTRACTS During the performance of this contract, the CONSULTANT, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor"), agrees as follows: (1) Compliance with Regulations: The Contractor will comply with the Regulations of the Department of Transportation relative to non- discrimination in Federally -assisted programs of the Department of Transportation (Title 49, Code of Federal Regulations, Part 21, 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 after award and prior to completion of the contract work, will 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 will 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 Subcontracts, 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 equipment, each potential subcontractor or supplier shall be notified by the con- tractor of the contractor's obligations under this Contract and the Regulations relative to nondiscrimination on the grounds of race, color or national origin. (4) Information and Reports: The contractor will provide all informa- tion and reports required by the Regulations, or orders and instuc- tions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State Highway agency or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. When any informa- tion required of a contrator is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall C-1 so certify to the State Highway agency or the Federal Highway Administration 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 State Highway agency shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate including, but not limited to, (a) Withholding of payments to the contractor until the contractor complies, and/or (b) Cancellation, termination or suspension of the contract, in whole or in part. (6) Incorporation of Provisions: The contractor will include the provi- sions of paragraph (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, order, or instructions issued pursuant thereto. The contractor will take such action with respect to any subcontract or procurement as the State Highway agency or the Federal Highway Administration 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 State to enter into such litigation to protect the interest of the State, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. C-2 ATTACHMENT D REPRESENTATIONS, CERTIFICATIONS AND ACKNOWLEDGEMENTS I. TYPE OF BUSINESS ORGANIZATION: The contract recipient represents that the firm operates as corporation. II. SMALL BUSINESS: The contract recipient represents that the firm is not a small business concern. A small business concern for the purpose of Government procurement is a concern, including its affiliates, which is independently owned and operated, is not dominate in the field of operation in which it is bidding, and can further qualify under the criteria, as prescribed by the Small Business Administration. (See Code of Federal Regulations, Title 13, Part 121, as amended, which contains detailed industry definitions and related procedures.) Number of employees: 1715. III. CONTINGENT FEE: The contract recipient represents (1) that the firm has not employed or retained any company or person (other than a full-time bona fide employee working solely for the offeror) to solicit or secure this contract, and (b) that the firm has not paid or agreed to pay any company or person (other than a full-time bona fide employee working solely for the offeror) any fee, commission, percentage, or brokerage fee contingent upon or resulting from the award of this contract; and agrees to furnish information relating to (a) and (b) above, as requested by the contracting officer. (NOTE: for interpretation of the representation, including the term "bona fide employee", see Code of Federal Regulations, Title 41, Chapter 1, Subpart 1-1.5). IV. EQUAL OPPORTUNITY: The contract recipient represents that the firm has participated in a previous contract or subcontract subject either to the Equal Opportunity clause herein or the clause originally contained in Section 301 of Executive Order 10925, or the clause contained in Section 201 of Executive Order 11114; that the firm has filed all required compliance reports; and that representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained prior to subcontract awards. V. PRINCIPAL PLACE OF PERFORMANCE: The location of the plant of place of business where the item(s) will be produced or the principal services will be performed under the contract is: CITY: Fort Worth COUNTY: Tarrant STATE: Texas VI. ASSURANCE: The contract recipient hereby assures compliance with all terms, conditions and general and special provisions for this contract. NAME C NTR T 7 RECIPIENT: PRC Engineering BY: Date: � ,66 Jo n Petrykanyn Division Vice President D-1 r ATTACHMENT E BILLING RATES FOR ADDITIONAL SERVICES HOURLY BILLING RATES (includes Salary, Fringe Benefits, Overhead, and Fee) Division Vice President $92.46 Associate Vice President 75.54 Associate 64.86 Engineering 50.00 Engineering Technician 33.18 Technician 27.06 Secretary 26.52 BILLING RATES FOR CERTAIN NON -SALARY DIRECT EXPENSES Automobile mileage: 25 cents per mile Photo copies: 10 cents per copy Blue line prints: 10 cents per square foot Sepia prints: $2.50 per sheet (approximately 6 square feet) Mylar prints: $6.50 per sheet (approximately 6 square feet) Note: Above rates are valid until December 1986. After December, the rates will be adjusted to relfect companywide salary review. E-1