HomeMy WebLinkAboutResolution - 032775E - Contract - First Consultants, Inc. - Environmental Assessment Studies, Community - 03_27_1975JW F:dw
03ZTJ5 E
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 FOR ENVIRONMENTAL ASSESSMENT STUDIES -
COMMUNITY DEVELOPMENT PROGRAM to be entered into by and between
said CITY OF LUBBOCK and FIRST CONSULTANTS, INC., a Texas Corpo-
ration with its prinicpal office in Fort Worth, Tarrant County, Texas, in
which said CITY engages the services of said CORPORATION to consult
and prepare statements as regards environmental assessment and impact
to meet certain U. S. Government requirements for the COMMUNITY
DEVELOPMENT PROGRAM for said CITY, 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 if fully
copied herein in detail,
Passed by the City Council this 27 day of March
BOY BASS, MAYOR
ATTEST:
Treva Phillips, City cretary-Treasurer
APPROVED AS TO FORM:
red O. Senter, Jr., Attorney
1975.
MAP IN FILE
SEE
RESOLUTION
4
CONTRACT FOR ENVIRONMENTAL ASSESSMENT STUDIES — COMMUNITY DEVELOPMENT PROGRAM
This Agreement entered into as of the 27 day of March
1975, by and between THE CITY OF LUBBOCK, State of Texas, hereinafter referred
to as the "CITY", and FIRST CONSULTANTS, INC., a corporation organized and
existing under the laws of the State of Texas, of Fort Worth, Texas, hereinafter
referred to as the "Contracter", WITNESSETH:
WHEREAS, the City proposes to enter into certain community development
work within the City of Lubbock under the Housing and Community Development
Act of 1974, and as funded through the Department of Housing and Urban
Development of the United States; and
WHEREAS, the Housing and Community Development Act of 1974 requires local
governments to assume full responsibility for environmental review and decision -
making pursuant to the National Environmental Policy Act of 1969, and the City
of Lubbock is to comply with all regulations and rules issued pursuant to such
Act in the execution of community development activities with funds provided by
and through the Department of Housing and Urban Development; and
WHEREAS, the Contractor is engaged in the business of providing expert
consultation in the preparation of environmental assessment and impact statements.
and procedural and management studies for the use of local governments; and
WHEREAS, the City desires to employ the Contractor to render certain
technical advice and assistance and expert consultation in connection with the
preparation of environmental assessments and development of procedural
techniques for community development programs to be undertaken by the City
of Lubbock:
NOW, THEREFORE, the parties hereto do mutually agree as follows:
I. SCOPE OF SERVICES
The Contractor shall perform all necessary services provided under this
contract in connection with the Lubbock Community Development Program and
shall do, perform and carry out in a satisfactory and proper manner as determined
by the City, the following:
A. Develop a detailed procedural manual for the preparation of
environmental assessment statements for federally assisted projects. As a
minimum, the manual will document the procedures and outline the techniques
'involved in the preparation of a complete environmental review record that will
meet all requirements set out in Title 24 CFR Part 58, Environmental Review
Procedures for Community Development Program, as published in Volume 40 of the
Federal Register dated January 7, 1975, and all other applicable statutes and
regulations. The Contractor further agrees that the manual will be based on the
activities proposed in the Community Development Program, 1975-76, set out in
Exhibit "A", attached hereto and made a part hereof. It is further agreed and
understood that the format of such manual will provide a model for the development
of future environmental assessment statements for projects normally associated
with Community, Development activities.
B. The Contractor agrees to develop an environmental assessment
statement for the projects comprising the City's First Community Development
Program Year which are identified on Exhibit "A As a minimum the contractor
shall:
1. Complete the remainder of the environmental research required for all
projects.
2. Provide a comprehensive assessment of the social, economic and
environmental impact for all projects both individually and collectively.
3. Complete a matrix evaluation of all projects showing their reciprocal
effects.
4. Test the social, economic and environmental impact of all projects
both individually and collectively against the criteria established by
all applicable statutes and regulations.
5. Make a determination as to the level of environmental clearance for
each project and for the total program as required by applicable statutes
and regulations.
6. Develop a summary report encompassing a complete documentation of
environmental review records as called for in Title 24 CFR Part 38,
Environmental Review Procedures for Community Development.Program, as
published in Volume 40 of the Federal Register dated January 7, 1975.
7. Prepare notice of finding of no significant effect on the environment
for projects for which the level of clearance finding is that the
projects are not actions that may significantly affect the
environment.
C. It is further agreed that the Contractor shall conduct a one -day
workshop -to explain the substance of the manual, reports, and environmental
assessment statements developed as part of this contract, and to provide
instruction to the staff of the City in the utilization of manuals and
reports for the development of future environmental assessment statements. It
is agreed by the Contractor that this workshop will be conducted by the members
of the Interdisciplinary Team responsible for the preparation of the manual
and the environmental assessment statements prepared hereunder. The workshop
proceedings and comments of the participants will be recorded, evaluated, and
incorporated as separate chapters in the completed procedural manual prepared
hereunder.
D. The Contractor agrees to supply the City with ten (10) copies
of the procedural manual developed as a part of this contract and to
furnish fifty (50) copies of the environmental assessment.statement.
Additionally, the Contractor agrees to supply all necessary manuals and reports
used in the workshop conducted pursuant to paragraph "C" preceeding. Upon
final payment, the manuals, reports, maps, drawings, graphics, negatives, and
data collected and prepared as part of this contract by the Contractor shall become
the exclusive property of the City.
II. TIME OF PERFORMANCE
The Services of the Contractor shall commence on the '27 day of March,
1975, and shall be undertaken in such sequence as to insure the expeditious
completion of the work set forth in the scope of services, above, in light of
the purposes of the contract in accordance with.the work activity scheduled, but
in any event, all services required hereunder shall be completed within 60
consecutive calendar days from the date of this contract.
III. COMPENSATION:
In consideration of and upon completion of the work and activities to be
undertaken by the Contractor as contained herein, and upon submission to the City
of properly certified invoices, and contingent upon the City's receiving funding
from the Department of Housing and Urban Development for the City's First Year
Community Development Program, the City agrees to make payment to the Contractor
as follows:
1. For the services and reports to be furnished by the Contractor in
accordance with Paragraph I -A and I-B in.the "Scope of Services", above,
and upon acceptance by the City of such services and reports, the Contractor
shall be paid by the City the total amount of $9,630.00.
2. For the services to be furnished by the Contractor in accordance with
Paragraph I-C in the "Scope of Services", above, an amount not to exceed $1,080.00
will be paid to Contractor by the City, provided that it is understood and agreed
that the workshop to be conducted under said Paragraph will be for both the
staff of the City of Lubbock and the Urban Renewal Agency of the City of Lubbock.
The Urban Renewal Agency will be responsible to the Contractor for payment of
any amount in excess of $1,080.00, which may be provided in a separate contract
between Contractor and the Urban Renewal Agency. The final amount to be paid
Contractor for the conducting of said workshop under Paragraph I-C, "Scope of
Services", will be based upon the rate of $245.00 for each member of the
Interdisciplinary Team participating in the workshop and the City shall pay the
Contractor $122.50 for each member of such team participating therein, but -in
no event shall compensation to be paid by the City to Contractor for services
rendered for said workshop exceed $1,080.00.
IV. AFFIRMATIVE ACTION PLAN
The Contractor agress to comply with the provisions of Section 3 of the ✓
Housing and Urban Development Act of 1968, as set out in Exhibit "B", attached
hereto and made a part hereof.
V. TERMS AND CONDITIONS
This Agreement is subject to and incorporates the provisions attached
hereto as "Part II - Terms and Conditions."
VI. PREVAILING SALARIES
Not less than respective salaries prevailing in the locality as determined
pursuant to the attached instrument entitled "Determination of Prevailing
Salaries of Technical Positions" shall be paid to persons in the respective occupations
listed herein employed in the performance of the work under this -contract.
VII. CERTIFICATIONS
The Contractor shall furnish the City, with each statement submitted for
services rendered, certifications as to compliance with Section VI of this
contract, when applicable, and a similar certification of the subcontractors
with respect to employees engaged in work under this contract.
VIII. FEDERAL ASSISTANCE
The Contractor agrees to affix the following statement to all reports
completed pursuant to this contract, "The preparation of this report was financed
in part through a Block Grant from the Department of Housing and Urban Development".
IN WITNESS WHEREOF, the City and the Contractor have executed this
Agreement as of the date first above written
CITY OF LUBBOCK, TEXAS
BY:
t
ROY BASS,kAYOR
ATTEST:
7Y Approved as to form:
��
Secretary -Treasurer Treva Phillips
4ed. O, Senter,, Jr., City Atto
i FIRST CONSULTANTS, INC.
B
i E
ATTEST:
SecrefAry
APPROVED AS TO LEGAL.FORM
AND LEGAL ADEQUACY:
Attorney at Law
EXHIBIT "B"
TRAINITIG, EMPLOYMENT, AND CONTRACTING OPPORTUNITIES FOR BUSINIESSES AND
LOH%._'t INCOILE PERSONS IN MPNECTIOei WITH ASSISTED PROJECTS.
A.• The work to be performed under this contract is on a project assisted
under a program providing direct Federal financial assistance from the
Department of Housing and Urban Development and is subject to the require-
ments of section 3 of the Housing and Urban Development Act of 1968, as
amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent
feasible opportunities for training and employment be given lower income
residents of the project area and contracts for work in connection with the
project be awarded to business concerns which are located in or o,med in
substantial part by persons residing in the area of the project.
B. The parties to this contract will comply with the provisions of said
section 3 and the regulations issued pursuant thereto by the Secretary of
Housing and Urban Development set forth in 24 CFR 135, (published in 38
Federal Register 29220, October 23, 1973), and all applicable rules and
orders of the Department issued thereunder prior to the execution of this
contract. The parties to this contract certify and agree that they are
under no contractual or other disability which would prevent them from
complying with these requirements.
C. The contractor will develop and implement an affirmative action
plan for utilizing business concerns located within or owned in substantial
part by persons residing in the area of the project; and the making of a
good faith effort, as defined by the regulations, to provide training,
employment, and business opportunities required by section 3 of the
Housing and Urban Development Act of 1968.
D. The contractor will send to each labor organization or representative of
workers with which he has a collective bargaining agreement or other contract
cr understanding, if any, a notice advising the said labor organization or
workers' representative of his commitments under this section 3 clause and
shall post copies of the notice in conspicuous places available'to employees
and applicants for employment or training.
E. The contractor will include this section 3 clause in every subcontract
for work, in connection with the project and will, at the direction of the
applicant for or recipient of Federal financial assistance, take appropriate
action pursuant to the subcontract upon a finding that the subcontractor is
in violation of regulations issued by the Secretary of housing and Urban
Development, 24 CFR 135. The contractor will not subcontract with any
'subcontractor where it has notice or knowledge that the latter has been
found in violation of regulations under 24 CFR 135 and will not let any
subcontract unless the subcontractor has first provided it with a preliminary
statement of ability to comply with the requirements of these regulations.
EXHIBIT "B"
TRAINITIG, EMPLOYMENT, AND CONTRACTIVG OPPORTUNITIES FOR BUSIVESSES ACID
Lot,IER VICOHE PERSONS It' CO_NNECTIO:Y WITH ASSISTED PROJECTS.
A.• The work to be performed under this contract is on a project assisted
under a program providing direct Federal financial assistance fro-m the
Department of Housing and Urban Development and is subject to the require-
inetts of section 3 of the Housing and Urban Development Act of 1968, as
amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent
feasible opportunities for training and employment be given lower income
residents of the project area and contracts for work in connection with the
project be awarded to business concerns which are located in or owned in
substantial part by persons residing in the area of the project.
D. The parties to this contract will comply with the provisions of said
section 3 and the regulations issued pursuant thereto by the Secretary of
Housing and Urban Development set forth in 24 CFR 135, (published in 38
Federal Register 29220, October 23, 1973), and all applicable rules and
orders of the Department issued thereunder prior to the execution of this
contract. The parties to this contract certify and agree that they are
under no contractual or other disability which would prevent them from
complying with these. requirements.
C. The contractor will develop and implement an affirmative action
plan for utilizing business concerns located within or owned in substantial
part by persons residing in the area of the project; and the making of a
good faith effort, as defined by the regulations, to provide training,
employment, and business opportunities required by section 3 of the
Housing and Urban Development Act of 1968.
D. The contractor will send to each labor organization or representative of
workers with which he has a collective bargaining agreement or other contract
or understanding, if any, a notice advising the said labor organization or
workers' representative of his commitments under this section 3 clause and
shall post copies of the notice in conspicuous places available•to'employees
and applicants for employment or training.
E. The contractor will include this section 3 clause in every subcontract
for work in connection with the project and will, at the direction of the
applicant for or recipient of Federal financial assistance, take appropriate
action pursuant to the subcontract upon a finding that the subcontractor is
in violation of regulations issued by the Secretary of Housing and Urban
Developmment, 24 CFR 135. The contractor will not subcontract with any
subcontractor where it has notice or knowledge that the latter has been
found in violation of regulations under 24 CFR 135 and will not let any
subcontract unless the subcontractor has first provided it with a preliminary
statement of ability to comply with the requirements of these regulations.
4
2
{ F. Compliance with the provisions of section 3, the regulations set forth
24 CFR 135, and all applicable rules and orders of the Department
issued thereunder prior to the execution of the contract, shall be a condit3
of the Federal financial assistance provided to the project, binding upon
•- the applicant or recipient for such assistance, its successors, and assigns.
Failure to fulfill these requirements shall subject the applicant or
{ recipient, its contractors and subcontractors, its successors, and assigns.
to those sanctions specified by the grant or loan agreement or contract
through which Federal assistance is provided, and to such sanctions as are
specified by 24 CFR 135.135.
U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HUD-621s
RENEWAL ASSISTANCE ADMINISTRATION (2.69)
CONTRACT FOR PROFESSIONAL OR TECHNICAL SERVICES
Part II — Terms and Conditions
1. Termination of Contract for Cause. If, through any cause, the Contracto:
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 aey withhold any payments to the Contractor for the purpose of setoff
until such time es the exact amount of damages due the Local Public Agency
from the Contractor is determined.
2. Termination for Convenience of Local Public nency. The Local Public
Agency may terminate this Contract any tine 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
unco:r.Tleted 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. Chenges. The Local Public Agency may, from time to tirae, request
changes in the scope of the services of the Contractor to be performed hereunder.
Such chan;es, including any increase or decrease in the amount of the Contractor';
compensation, w'nich are mutually agreed upon by and bei:uren the Local Public
Agency and the Contractor, shall be incorporated in irritten amendments to this
Contract.
HUD•621 B - .Z -
(2.69) \
4. Personnel. a. The Contractor represents that he has, or will secure
at his oirn expense, all personnel required in performing the services under
this Contract. Such oereonnel 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. Ho 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 Stet. 948; 62 Stat. 740; 63 Stet.
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 cumber 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 Pertainina to Salary'Rates. Claims and disputes
pertaining to salary rates or to classifications of architects, draftsmen,
technical.en,gineers, and technicians performing work under this Contract shall
be prcmptly 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 0o2ortunityy. 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 regarn
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
-3-
.•-V (2-65
selection for training, including apprenticeship. The
to post in conspicuous places, available to employees
employment, notices to be provided by the Local Public
forth the provisions of this nondiscrimination clause.
Contractor agree
and applicants fo
Agency setting
b. The Contractor will, in all solicitations or advertisements for employee
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.
e. The Contractor will
subcontracts for any
will be binding upon
provisions shall not
commercial supplies
cause the foregoing provisions to be inserted in all
work covered by this Contract so that such provisic
each subcontractor, provided that the foregoing
apply to contracts or subcontracts for standard
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 institut
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. Hone 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 subs =tract
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 some (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, vho exercises any functiona or responsibilities in
the review or approval of the carrying out of the Project to which this Contract
pertains, shall have any perbonal interest, direct or indirecto in this Contract.
Y 2
{ F. Compliance with the provisions of section 3, the regulations set forth in
24 CFR 135, and all applicable rules and orders of the Department
issued thereunder prior to the execution of the contract, shall be a condition
of the Federal financial assistance provided to the project, binding upon
the applicant or recipient for such assistance, its successors, and assigns.
Failure to fulfill these requirements shall subject the applicant or
recipient, its contractors and subcontractors, its successors, and assigns.
to those sanctions specified by the grant or loan agreement or contract
though which Federal assistance is provided, and to such sanctions as are
specified by 24 CFR 135.135.
U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HUD-6218
RENEWAL ASSISTANCE ADMINISTRATION (2.69)
CONTRACT FOR PROFESSIONAL OR TECHNICAL SERVICES
Part If — Terms and Conditions
1. Termination of Contract for Cause. If, through any cause, the Contractor
shall fail to fulfill in timely and proper senuer 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 cs 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
j 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 lees
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 shell apply.
3. Ch£nges. The Local Public Agency may, from time to tirae, request
changes in the scope of the cervices of the Contractor to be performed hereunder.
Such changes, including eny increase or decrease in the amount of the Contractor's
com+pencction, wbich are mutually agreed upon by and between the Local Public
agency and the Contractor, shall be incorporated in written amendments to this
Contract.
HUD-6218 _ 2 _
!7.69) `
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 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•enSineers, and technicians performing work under this Contract shall
be prcmptly reported in writing by the Contractor to the Local Public Agency
for the letter'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 nation 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
97
v r (2-69)
selection for training, including apprenticeship. The
to post in conspicuous places, available to employees
employment, notices to be provided by the Local Public
forth the provisions of this nondiscrimination clause.
Contractor agrees
and applicants for
Agency setting
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 institutes
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 Lava. The Contractor shall comply with all
applicable laws, ordinances, and codes of the State and loc%l 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 subegntract
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 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.
(Rev. 2-69) .. HUD -Wash.. D. C .. ins-nrx�nw
HUD•_6y47A
"
1W
U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
URBAN RENEWAL PROGRAM
�fa
DETERMINATION OF PREVAILING SALARIES 7 -7
' �I
OF TECHNICAL POSITIONS
A. NAME OF LOCAL PUBLIC AGENCY
C. LOCALITY OF PROJECTS
LUBBOCK AREA
B. ADDRESS OF LOCAL PUBLIC AGENCY(lnclude Street Addreae, City, Store and ZlPCode)
D•
PREVAILING SALARIES
PREVAILING SALARIES
CLASSIFICATION
DETERMINED BY SECRETARY
CLASSIFICATION
DETERMINED BY SECRETARY
REG-
PER
OVER-
PER
.REG•
PER
OY£R-
PER
OF
OF
EMPLOYMENT
ULAR
TIME
TIME
TIME
EMPLOYMENT
ULAR
TIME
TIME
TIME
RATE
PERIOD'
RATE
PERIOD'
RATE
PERIOD*
RATE
ERIOD•
1
Planner (3)
$.50
/
i
%I"✓
40
13
Draftsman (3)
4.10
2
Planner (2)
7.25
14
Draftsman (2)
3.30
R
A
3
Planner (1)
6.50
15
Draftsman (1)
2. $5
U
�
h
K
16
Chief of Party
Q
Engineer (3)
$.00
(surveying)
4.35
e
.�
5
Engineer (2)
6 01j
17
Instrumentman
3.25
K
6
Engineer (1)
5 00
A
18
Rodman
2.75
1W
�
7
Architect (3)
$ 70
19
Chainman 1
2.60
r
ti
L
M
8
Architect (2)
6.40
20
9
Architect (1)
4.90
21
'
Y
N
10
Landscape
22
Architect (3)
$.70
4
"
11
Landscape
Architect (2)
6.40
N
23
12
Landscape
Architect (1)
4.90
a
24
e Year Indicated by "Y",
Month by "M••. Week by "W", and Hour by "H". - - '-
E. The rates indicated above are determined to be the salary rates prevailing in the above locality for the respective classifica-
tions 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 determined, to such technical personnel employed in the develop-
ment of the aforementioned Title I projects as are within the purview of the determination. This determination supersedes all
previous determinations.
SECRETARY OF HOUSING AND URBAN DEVELOPMENT
October
1. 1974 By /l� � ���✓
Dare
T.A Relgtions Officer 9_.'QRegionV_
Title
z1972:-Y - (Over)
EiiIIIIIIIIIIIII
-111' 11I IAIIUI
1 1
� 1
1 ,
1 1
L�MI
11
II
i�
i 1
ra I 1 e
1•--
CITY ---1-1TaT •"'--•� f#+ 1 —_--
—V y
1 ®tti a
9
401 — 3
1 ..
I
1 402 .4.03 S B.pl �•—N!, 1 •�I j
a �e
,
�-1
1
1 '
1
1
�1za
1
1
1
1
1
1
1
,
.,.
,I792 labs 146t,.02 la It 13 V. � 1
1
1
M01 19.01 1 20 241124I2.01
b
1Z03 '
4
10.02 1960
Ya 1
ey
$--- !------------------. °°
1--- 1 CITY LIMITS ,�,d
tl'
1 1 ,
L----------�
11111 ull 1111ull—,
EXMIBIT R
COMMUNITY DraLOP/7EA r PROGRAM - /976' -76
2.02 - CENSUS iRA,. Ta
Q+i. - PR-). cCT NUMBERS
1. Mahon Park
2.
12a Paving - E. 56th ant '.
: 0 Lubbock Day Nur-ery '1
Ore fair Manor Park
12b Paving - Ki6g and " '- 1:
21 Signal Install.=7of, Zenith 4 Parkwa.
3. O.M. Ribble Park
12c Paving - E. 52nd and
PDA', Rehab.
4. :;edberry Park
13 Bicentennial Trail ion L-...
Manhattan Hts. :-:.)I-
N.N. Clapp Park
5e P6'. Park
14 Paving - I lm, Rlob . �� r , ' Ivory
Chri' Harwill ReM:-.
ih Car}751e Park
'
14a Paving - A ' Ave.
14b Paving Pert: Ave
Arnett 1+'- on Rehab.
Clayton -'rter Rehab
CDO. AdOinistration
SIP-'
l4c Paving - Wabash, Y+le, Adrten,
M' "' '
.I. Lighting, Variou Locations
=r't-i9hting, Ave H
Bradley, Clemson
.r it h•
ch 4'.r• Lighting. 66th Street
15 Paving - Indiana
16 5 M.G. Re— voir
r Street Lighting, Slaton Highwa+'
15a Adjust Utilities :I-rl ..n'
9. Thoroughfare Lighting, Quirt -.•'.
10 Paving, Ave, i1
4th Street
,1 .
1' Study for Developr- ' rr ..'1
11 Mavtng - E. 47th. E. 48th, E. 49th
-'tat
1" - — 01;tril 1
2-XX 7S
PaVJ" . ' Ute
LUBBOCK PLANNING
19 Well Baby - linic
1
/�
me4
DEPARTMENT
`