HomeMy WebLinkAboutResolution - 061374J - Agreement - URA- Engineering Services - 06_13_1974RESOLUTION
'[BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
li THAT the Mayor of the City of Lubbock BE and is hereby authorized and directec
Zito execute for and on behalf of the City of Lubbock an AGREEMENT between the
,lCity of Lubbock and the Urban Renewal Agency of the City of Lubbock covering
!engineering services to be performed by the City within Areas 4G and 4E, Urban
,Renewal Project TEX A-14 (c) attached herewith which shall be spread upon the
!minutes of the Council and as spread upon the minutes of this Council shall consti-
tute and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 13th day of ,tune 1974.
tk �ass
ROY BASS, MAYOR
;ATTEST:
i'42
IlTreva Phillips, City Sec etary-Treasurer
APPROVED AS TO FORM:
�o T
Fred O. Senter, Jr., Ci ttorney
i
CONTRACT FOR SERVICES f
Part l
This agreement entered into this 13 day of June, 1974, between the
Urban Renewal Agency of the City of Lubbock, Lubbock County, Texas, (Re-
ferred to as "Local Public Agency") and the City of Lubbock, A Home Rule
Municipal Corporation of Lubbock County, Texas, (Referred to as "Contrac-
tor")
WITNESSETH:
WHEREAS, the Local Public Agency has entered into a Neighborhood De-
velopment Program Funding Agreement; further identified as Funding Agreement
No. TEX A-14(C) (LG) effective February 1, 1974; 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 by all amendatory acts and, I
i
I
WHEREAS, pursuant to such Funding Agreement, the Local Public Agency is
undertaking certain activities necessary for the planning or execution bf a .`
Project situated in the Project Area described below; and, I
WHEREAS, the Local Public Agency desires to engage the Contractor o II`
f
render certain technical advice and assistance in connection with such •n
dertaking of the Local Public Agency; and
R
WHEREAS, the Local Public Agency and the Contractor are separate pub-
lic entities and not connected; NOW THERFORE, the parties to this Contract
f
do mutually agree as follows:
1. Scope of Services. The Contractor shall perform all necessary ser-
vices provided under this Contract in connection with and respecting the fol-
lowing 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 Con-
tract Documents for Construction of Water Line and Street Paving -Improve-
ments in the Lubbock Neighborhood Development Program, Areas 4G and 4E, Ur-
ban Renewal Project TEX A-14(C), including Field Layout, General Supervision
and Administration of Authorized Construction and continuous resident field
inspection, final inspection and acceptance for final payment for said Water
Line and Street Paving Improvements.
V -2- }
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 commence
on May 17, 1974, and shall be undertaken and completed in such sequence as to
assure their expeditious completion in the light of the purposes of this Con-
tract; but in any event all of the services required hereunder shall be com-
pleted by January 7, 1975.
3. Compensation for Services. Local Public Agency will pay to the Con-
tractor a sum not to exceed $5,000.00 which shall constitute full and complete
compensation for Contractor's services hereunder. Such sum will be paid as
follows:
The Contractor shall deliver to the Local Public Agency within thefirst
- E
fifteen (15) days of a calendar month following a calendar month in which any
contract services were rendered, an itemized statement stating the natupe of
the contract services rendered, materials used, if any, the time expended in
the performance of such services and the sum demanded. The Contractor ill
charge the Local Public Agency for the actual labor and material expens s in
it
1
curred by it in fulfilling the Contract. As a basis of determining the,
i
charges to the Local Public Agency, the Contractor shall establish a G.O.W.O
I
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
i
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 transpor-
tation 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 maxi-
mum sum of .$5,000.00 for all of the services required.
-3-
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 stan-
dards 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 perti-
nent 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 on the work covered by this Contract may
be required or permitted to work thereon shall not be exceeded. Where mini-
mum rates of pay required under State or local law are higher than the mini-
mum rates of pay required by or set forth in the Federal labor standards
provisions of this Contract for corresponding classifications, 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 pre-
valling 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 cer-
tification of his sub -contractors with respect to employees engaged in work
under this Contract.
IN WITNESS THEREOF, the Local Public Agency.and the Contractor have exe-
cuted this agreement as of the date first above written.
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U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT rwo-621s
RENEWAL ASSISTANCE ADMINISTRATION (2.69)
CONTRACT FOR PROFESSIONAL OR TECHNICAL SERVICES
Pdri11 '= Terms-dnd 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.
(2.69) e '
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'per'sonnel 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). %he
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 L are treated during employment, without regsra
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
j - (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 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 Cther 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-621B _ 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.
.I�rme.iT PHA :049)
U. S. DEPARTMENT OF HOUSING ANO URBAN DEVELOPMENT
LOW -RENT PUBLICMOUStNc� .
TECHNICAL SALARY DETERMINATIONS
LUBBOCK TEXAS Date January It 1973
lCtq) (?mtr)
• (tnmc of l.onil aatkorehl- (Palm b"nmk.•r!
MASTER SCHEDULE = URBAN RENE-TAL PROJECTS
(Type of Contract or+nature of Work) -
The following minimum salary rates applicable to the above -work have
been determined pursuant to Section 16(2) of the United States HousingACL
as amended.
D. H. Walker, Regional Labor Relations I
" Assistant Rc�ecno! :1Cv+nutn,b.r (•.r !!••none .i..s+. ••+n� •• ) I
CLASSIFICATIONS
MINIMUM SALARY RATES
pprovea via a erne a r'
REMARKS
PER
PER
PER
HOUR
MONTH
ANNUM
Designer (Planner)
$7.50
Engineer (3)
7.50
Engineer (2)
6.00
Engineer (1)
5.00
.
Landscape Architect
6.50
Draftsman (3)
5.50
Dra,.smar. (2i
4.75
Draftsman (1)
4.00
Inspector
4.50
Chief of Party
5.50
Instrumentman
4.75
{
Rodman -Chairman
4.00
Planner (2)
6.00
Planner (1)
5:00
Landscape Arch (2)
6:00
Landscape Arch (1)
5:00
(over)
222306•I HUD•=e.h., D. C.
No Text