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HomeMy WebLinkAboutResolution - 102678H - Contract Engineering Services - Urban Renewal Agency - 10_26_1978IIKJ:yb RESOLUTION to 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 Engineering Services between the CITY OF LUBBOCK and the URBAN RE- NEWAL 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 this Resolution as if fully copied herein in detail. Passed by the City Council this 26th day of October , 1978. 110 K WEST, WMAYOR ATTEST: Evelyn Gaffga, City Se r -Treasurer APPROVED AS TO FORM: .�-. C. Ross, Jr.,'CjUy Attorney CONTRACT FOR ENGINEERING SERVICES L� :yam �.. ^•� Part I This agreement entered into this 26th day of October 1978, be- tween 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 Munici- pal Corporation of Lubbock County, Texas (Referred to as "Contractor"): WITNESSETH: WHEREAS, the Agency has entered'into a funding agreement with the City of Lubbock, Texas, providing for the funding of certain activities and services to be provided by the Agency pursuant to the Housing and Community Development Act of 1974, and rules and regulations promulgated thereunder by the Department of Housing and Urban Development; and WHEREAS, the Agency, pursuant to such funding agreement with the City of Lubbock, Texas is undertaking certain site improvement activities in the areas of the City of Lubbock pursuant to the Community Development Plan as prepared by the City, and for which the funds are to be provided under such agreement, and the Agency desires to engage the Contractor to render certain technical advice and assistance in connection with such undertaking of the Local Public Agency for the fourth year of the Community Development Program as adopted by the City of Lubbock and as to be undertaken by the Agency. WHEREAS, the Local Public Agency and the Contractor are separate public entities and not connected; NOW THEREFORE, the parties to this Contract 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 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: General Supervision, including Field Layout, and Administration of Authorized Construction and continuous resident field inspection, and acceptance for final payment for a sidewalk improvements in the Lubbock Community Development Program, Fourth Year, Areas 7a, 22a, and 26b. The Local Public Agency shall furnish copies of all final plats filed of d:x record in the Project Area to the Contractor. -2- 2. Time of Performance. The services of the Contractor are to commence on November 21, 1978, 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 completed by November 21, 1979. 3. Compensation for Services. Local Public Agency will pay to the Con- tractor a sum not to exceed $4,500.00 which shall constitute full and complete com- pensation for Contractor's services hereunder. Such sum will be paid as follows: The Contractor shall deliver to the Local Public Agency within the first fifteen (15) days of a calendar month following a calendar month in which any con- tract services were rendered, an itemized statement stating the nature of the con- tract 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 incurred by it in fulfilling the Contract. As a basis of determining the charges to the Local Public Agency, the Contractor shall establish a G. 0. W. 0. 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 in- spection 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 employees transportation by common carrier or the sum of 15 cents per mile of the travel is performed by its own vehicles, and not to exceed forty dollars ($40.00) per day of subsistence expenses. It is expressly understood and agreed that in no event will the total com- pensation and reimbursement, if any, to be paid hereunder exceed the maximum sum of $4,500.00 for all of the services required. 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 standards 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 of any subcontractor from the pertinent requirements of any corre- sponding Federal labor standards provisions of this Contract: And provided further, t -3- 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 minimum rates of pay required under State or local law are higher than the minimum 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 prevailing in the locality as determined pursuant to the attached "Determination of Pre- vailing Salaries of Technical Positions" shall be paid to persons in the respec- tive 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 com- pliance with Section 6 of this Part when applicable, and a similar certification of his sub -contractors with respect to employees engaged inwork under this Con- tract. IN WITNESS THEREOF, the Local Public Agency and the Contractor have executed this agreement as of the date first above written. ATTEST; URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK Secretary BY: airman ATTEST: c City Secretary -Treasurer APPROVED AS TO FORM: City Attorney 14 CITY OF LUBBOCK BY: "Z Mayor U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HUD-6215 RENEWAL ASSISTANCE ADMINISTRATION (z•69) CONTRACT FOR PROFESSIONAL OR TECHNICAL SERVICES Part II — Terms and Conditions 1. Termination of Contract for Cause. If, through any cause, the Contractor shall fail to fulfill in timely and proper manner his obligations under this Contract, or if the Contractor shall violate any of the 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. c Huo-621 e - ' rz•ev) 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 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.thls 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 2pportunity. 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 . • (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 oritrin. 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 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. +•2 z HUD-621 B— (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. ' .o 221527-P (Rev. 2-69) HUD -wash., D. 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