HomeMy WebLinkAboutResolution - 325 - Contract - URA - Sidewalk Improvements, 5Th Year CD Program - 11_08_1979JWF:bs RESOLUTION #325 - 11/8/79
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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
Engineering for sidewalk improvements with the Urban Renewal Agency of the
City of Lubbock under the Community Development program, Fifth Year, areas 7C,
20A, 25A, 26C, 27A and 29A, 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 8th day of November , 1979.
r
*WEST.MAYOR
ATTEST:
.Eyelyn Gaffga; City SeSr Ot -Treas.
APPROVED AS TO FORM:
c
J orth Fullingim, Assistant ty
A
orneyy
ZIED 4AS TO CONTENT:
Eng a ing Department
RESOLUTION #325 - 11/8/79
CONTRACT FOR ENGINEERING SERVICES
Part I
This agreement entered into this 8th day of November , 1979, 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 Corpo-
ration 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 fifth 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 enti-
ties 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, 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 pay-
ment for a sidewalk improvements in the Lubbock Community Development Program,
Fifth Year, Areas 7C, 20A, 25A, 26C, 27A and 29A.
The Local Public Agency shall furnish copies of all final plats filed on
record in the Project Area to the Contractor.
-2-
2. Time of Performance. The services of the Contractor are to commence on
November 1, 1979, 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 tte services required hereunder shall be completed by November 1,
1980.
3. Compensation for Services. Local Public Agency will pay to the Contractor
a sum not to exceed $6,750.00 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 the first fif-
teen (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 were 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.O.W.O, number to which all labor and material ex-
penses will be credited, Employee time cards for the Project will be maintained to-
gether with requisitions for materials 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 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 compensa-
tion and reimbursement, if any, to be paid hereunder exceed the maximum sum of
$6,750.00 for all of the services required.
4. Terms and Conditions. This agreement is subject to'and incorporates the
provisions attached hereto as Part TT -- Terms and Conditions,
5. Non -Federal Labor Standards Provisions. The following labor standards pro-
visions 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 corresponding
Federal labor standards provisions of this Contract: And provided further, that the
-3-
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 Prevailing
Salaries of Technical Positions" shall be paid to persons in the respective occu-
pations 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 certification 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 executed this
agreement as of the date first above written.
ATTEST: %
Secretary
ATTEST:
L �
City Secretary -Tr a
APPROVED AS TO FORM:
City Attorney
UR:
BY
CITY OF LUBBOCK
�a,WA440�
BY:
Mayor
U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HUD -eats
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 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 Contrector'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
E]•69)V� _
• ), -
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 ahall 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.
109; 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 shell
insert appropriate provisions in all subcontracts covering work under this Contract
to insure compliance by subcontractors with such regulations, and shell 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 L'ocal.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, religicn, 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
i
(2.69.
ealection for training, including apprenticeship. The Contractor agrees
to post in conspicuous places, available to employees and applicants foi
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 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 on. -in. ...
c. The Contractor will cause the foregoing provisions to be inserted in all
subcontracts for any Work covered:by this Contract so that such provisia
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.
g. 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 institute
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 subcoptract
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 now 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.
• r 1 HUD-621 B _ h -
(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.
j
I 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 sball 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.
t
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80
30
10
-
30
120
80
120
120
60
40
80
5
40
130
70
130
130
70
50
10
0
60
I50
70
140
50•
60
4
20
0
65
140
65
150
70 '
A
Lr60
50
170
50160
40
800
40
160
60
�.
180
190
30
ITO
30
100
2
1
190
30
.180
40
180
90.
200
20
10
200
20
120
200