Loading...
HomeMy WebLinkAboutResolution - 062371F - Contract - URA - Technical Services - 06_23_1971RESOLUTION 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 for Services in favor of Urban Renewal Agency of the City of Lubbock, 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 t this Resolution as if fully copied herein in detail. Passed by the City Council this 23rd ATTEST: LavenIA Lowe, City'Secretary-Treasurer APPROVED AS ;TO FORM: r, Jr., June , 1971. YOR U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HUD-6216 RENEWAL ASSISTANCE ADMINISTRATION (2-69) CONTRACT FOR PROFESSIONAL OR TECHNICAL SERVICES Part ll — Terms and Conditions 1. Termination of Contract for Cause. If, through any cause, the Contractor shell 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 end the Contractor, shall be incorporated in written amendments to this Contract. HUD-621 B (2-69) - 2 - 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 Hilly 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 HUD-621 B - 3 - (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. 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 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. 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 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 shell 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-6218 _ 4 _ (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. 221527-P (R—. 2-69) HUD -Wash., D. C. HUD•647 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPJdENT URBA11 RENEWAL f ROrPAM DETERMINATION OF PREVAILING SALARIES OF TECHINICAL POSITIONS i A. NAME OF LOCAL PUBLIC AGENCY Urban Rencwal Agency of the City of Lubbock C. LOCALITY OF PROJECTS Lubbock, Texas + B. ADDRESS OF LOCAL PUBLIC AGENCY(tnctude Street Address, City. Stole and ZIP Code) 907 Texas Ave. Lubbock, Texas. D• PREVAtLING SALARIES PREVAILING SALARIES CLASSIFICATION DETERMINED BY SECRETARY CLASSIFICATION DETERMINED BY SECRETARY. REG- PER OVER- PER REG- PER OVER- PER OF OF EMPLOYMENT ULAR TIME TIME TIME EMPLOYMENT ULAR TIME 71111E TIME RATE PERIOD' RATE PERIOD' RATE PERIOD` RATE (P 1 ERIOD' 1 Planner (3) 5.55 13 Draftsman (3) 3.50 2 Planner (21 3.85 1 14 Droftsman (2) 2.75 3 Planner (1) 3.20 15 Draftsman (1) 2.00 16 Chief of Party 4 Engineer (3) 5.55 (Surveying) 3.50 5 Engineer (2) 3.85 17 Instrunlenrman 3.00 6 Engineer (1) 3.20 18 Rodman 2.25 7 Architect (3) 5.55 19 Choinmon 2.25 8 Architect (2) 3.85 is 9 Architect (1) 21 3,2 0 10 Landscape 22 Architect (3) 5.55 11 Landscape Architect (2) 23 12 Landscape Architect (1) 1247 • Year indicated by "Y". %tenth by "M•f. Week by "W", and Hour by "H". ` F. The rates indicated above arc determined to be the salary rates prevailing in the above locality for the respective classifica- lions of architects, technical engineers, draftsmen, and technicians employed in the development of Title I projects. In order to fulfill the provisions of the contract or contracts for Title I financial assistance you shall require the payment of not less than the salaries Prevailing in the locality as herein de%t�sri ed, to such technical personnel employed in the develop - 'a of the aforementioned Title I projects as are within the pu(view of .'Ir determination. This determinations , ersedos all previous determinations. ! 5-1:G'iF,T.i tY O It CSING�D UR1JA\ T) ELOF'1SEST / >> ` a 1 Ja ! D. Hcrrin�ton 7/E/70 Re-ional B ' IsiAtance /tu•:ttnistrator Dote for Renewal -Assistance/ . Regionyt_Vort s c9721-r HUD-7:eah.. D. C. CONTRACT FOR SERVICES This Agreement entered into this day of a114lg 4 , 1071, 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 Home Rule Municipal Corporation of Lubbock County, Texas, (referred to as "Contractor"): WITNESSETH: WHEREAS, the Local Public Agency has, under date of August 19, 1970, entered into a Loan and Grant Contract with the United States of America pro- viding for financial aid to the Local Public Agency under Title I of the Houstng Act of 1949, as amended to date; 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 under- taking of the Local Public Agency; and, WHEREAS, the Local Public Agency and the Contractor are separate public (entities and not connected; NOW THEREFORE, the parties to this Con- tract do mutually agree as follows: 1. Scope of Services. The Contractor shall perform all necessary services provided under this Contract in connection with and respecting the following Project area within the City of Lubbock, Lubbock County, Texas, and bounded as follows: Avenue Q on the West, Avenue F on the East, 4th Street on the South and the Canyon on the North. and shall do, perform, and carry out, in a satisfactory and proper manner, as determined by the Local Public Agency, the following: (a) provide plans for paving improvements (b) provide plans for storm sewer improvements including, field layout, final inspection and accept- ance for final payment for both paving and storm sewer improvements. r The Local Public Agency shall furnish th8 following data and informs- tion to the Contractor: (a) copies of all final plate filedpf record in the Project At -ea. (b) a letter from the Loe4public Agency to the i Contractor delivered prior to the letting of any improvement contract stating that title to the 4 right-of-way has been acquired by the Local Public Agency and construction can commence forthwith. 2. Time of Performance. The services of the Contractor are to commence on July let, 1971, 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 within four hundred (400) consecutive calendar days from the date of this Contract. 3. Local Public Agency will pay to the Contractor a sum not to exceed $7, 600..'AO wlAch shall_constitute full and complete compensation for Contractor's services hereunder. Such sum will be paid as follows: The Contractor ahall 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 performance of such services and the sum demanded. The Contractor will charge the Local Public Agency for the actual labor and material expenses in- curred by it in fulfilling the Contract. As a basis of determining the charges to the Local Public Agency, the Contractor has established Q. O. W. O. No. 955 to which all labor and material expenses will be credited. Employee time cards for the Project will be maintained together with requisitions for material 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 bmployees transportation by common carrier or the sum of . 10 cents per mile if the travel is per- formed 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 $7, 500.00 for all of the services required. Q. Terms and condition:. --This agreement is subject to and incorpor- ates the provisions attached hereto as Part II --Terms and Conditions. 5. Non -Federal Labor Standards Provisions. The following labor standards provisions are applicable to t .is Contract under State or local law, Provided, That the inclusion of such provisions in this Contract shall not be con- strued to relieve the Contractor or any subcontractor from the pertinent re- quirefuents of any corresponding Federal labor standards provisions of this Con- tract: Andprovided 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 on the work covered by this Contract may be required or permitted to work thereon shall not be exceedbd. Where minimum rates of pay required under State of local law are higher than the minimum rates of pay re- quired by or set forth in the Federal labor standards provisions of this Contract for corresponding classifications, such State of local minimum rates shall be the applicable minimum rates of pay for such classifications. 6. Prevailing Salaries. Not less than the respective salaries prevail- ing in the locality as determined pursuant to the attached "Determination of Prevailing Salaries of Technical Positions" shall be paid to persons in the re- spective 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 8 of this Part when applicable, and a similar cer- tification of his subcontractors 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 THE CITY OF LUBBOCK By: ATTEST: Secretary CITY OF LUBBOCK J. H. ]'RANBERRY YOR ATTEST: Lavenia Lowe, City See Lary -Treasurer APPROVED AS TO FORM: Fred O. Senter, Jr., City Attorney