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HomeMy WebLinkAboutResolution - 1374 - Contract - HDR Inc - Street Improvements, Quirt Ave From E 31St To E 37Th - 04/28/1983JWF:da RESOLUTION RESOLUTION 174 - 4/28/83 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 be- tween Henningson, Durham & Richardson, Inc. and said City for Engineering Services for constructing street improvements on Quirt Avenue from East 31st Street to East 37th Street, 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 28thday of April 1983. r , BILL cALIS R, OR ATTEST: Evelyn Gaffga; City 4ec�z�{ary-Treasurer APPROVED AS TO CONTENT: U Jim Blagg, Deputy Ci ager 0 J ertram, Assistant City Manager APPR3 AS TO FORM: i J o th Fullingim, Asst. City Att ey HEAVY HIGHWAY: CONSTRUCTORS, INC. P.O. BOX 1488 —AMARILLO, Ti=-xAs-79105-806/374-0932 July 24, 1987 VIA: CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Larry Hoffman City Engineer City of Lubbock P-- 0 6 Box- 2000_ - Lubbock, TX 79457 RE: Quirt Avenue Overpass Dear Mr. Hoffman: Pursuant to the Arbitration paragraph in the General Conditions of the Quirt Avenue Overpass contract, we are -required to name an Arbitrator. Our Arbitrator is A. C. Bowden, 1716 Avenue M, Lubbock, Texas 79401 806-763-1731. Thank you. Very -truly yours, HWAY 0 STRUCTORS, INC. F. C. Chow, President FCC:sv cc: City Secretary City of Lubbock P. 0. Box 2000 Lubbock, TX 79457 VIA: CERTIFIED MAIL Equal Opportunity Employer HEAVY HIGHWAY CONSTRUCTORS, INC. P.O. BOX 1 488—AMARILLO;-I EXAS7S1 05-606/374-0932 July 15, 1987 VIA: CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Larry Hoffman _.._.City Engineer City of Lubbock P. O. Box 2000 Lubbock, TX 79457 RE: Quirt Avenue Overpass Dear Mr. Hoffman: We have your July 7, 1987, decision supporting HDR Infrastructure, Inc.'s rejection of our repairs. We will be in contact with you next week with our proposal for other remedial measures. In the meantime, this is our demand for Arbitration pursuant to the Contract documents. Yours very truly, HEKC.ChEowR,preEsident, RUCTORS, INC. F. FCC:sv cc: City Secretary -City of Lubbock Equal Opportunity Employer RESOLUTION 1374 - 4/28/83 t _- GIFu SF'(_RrTARV-TREACI)p FIR A G R E E M E N T CITY OF LUBBOCK, TEXAS AND HENNINGSON, DURHAM & RICHARDSON, INC. FOR ENGINEERING SERVICES THIS IS AN AGREEMENT made and entered, into by and between THE CITY OF LUBBOCK, TEXAS, hereinafter called City, and HENNINGSON, DURHAM & RICHARDSON, INC., Engineers -Architects -Planners of Suite 125, 12700 Hillcrest Road, Dallas, Texas, hereinafter called Engineer, a corporation which is duly char- tered under the laws of the State of Nebraska. RECITALS City desires: PHASE A 1. To construct street improvements on Quirt Avenue from East 31st Street to East 37th Street, including an at -grade railroad crossing of tracks belonging to Atcheson, Topeka and Santa Fe Railroad and to Fort Worth and Denver Railroad. 2. To secure the right-of-way required for the at -grade railroad crossing. PHASE B 3. To secure the right-of-way required for the future construction of street improvements on Quirt Avenue from East 31st Street to East 37th Street, including an over- pass over tracks belonging to Atcheson, Topeka and Santa Fe Railroad and to Fort Worth and Denver Railroad and over State Highway 835. Such improvements are hereinafter called the Project. s CONTRACTUAL UNDERTAKINGS SECTION TITLE PAGE Section I Employment of Engineer I-1 Section II Character and Extent of Basic Services II -1 Section III Authorization of Services III -1 Section IV Period of Service IV -1 Section V City's Responsibilities V-1 Section VI The Engineer's Basic Compensation VI -1 Section VII Special Assignments and Services Not Included in Basic Compensation VII -1 Section VIII Revision to Drawings and Specifications VIII -1 Section IX Ownership of Documents IX -1 Section X Termination X-1 Section XI General Requirements XI -1 Section XII Subcontracts XII -1 Section XIII Address of Notices and Communications XIII -1 Section XIV Section Captions XIV -1 Section XV Proposal XV -1 Section XVI Successors and Assignments XVI -1 Exhibit A T I SECTION I EMPLOYMENT OF ENGINEER The City agrees to employ the Engineer and the Engineer agrees to per- form professional engineering services in connection with the Projects as stated in the Sections to follow, and for having rendered such services, the City agrees to pay to the Engineer compensation as stated in the Sections to follow. The professional engineering services shall include normal civil, structural, mechanical and electrical engineering services and normal archi- tectural services incidental thereto. I - 1 } SECTION II CHARACTER AND EXTENT OF BASIC SERVICES PHASE A A. SCHEMATIC DESIGN PHASE Upon execution of this Agreement, authorization is hereby given to proceed with the services set forth in the Phase A - Schematic Design Phase. The Engineer shall: (1) Attend conference with the City regarding the Project. (2) Obtain and coordinate necessary topographic surveys and property surveys, including property ownership. The performance of field surveys is not included in the Engineer's basic services. The City shall compensate the surveyor for his services. The cost of these ser- vices is not included in the Engineer's basic compen- sation. Compensation therefore shall be determined in accordance with Section VII. (3) Determine the scope, and advise the City, of any preli- minary subsurface investigations and testing which will be required for the Schematic Design Phase. The sub- surface investigation will be obtained by the City. (4) Investigate and determine the location of public utili- ties which exist in the proposed right-of-way. In coordination with the utility companies, determine the required relocation of utilities, including preliminary cost estimates. The cost of these services is not in- cluded in the Engineer's basic compensation. Compensa- tion therefore shall be determined in accordance with Section VII. (5) Coordinate the design of the at -grade crossing with each railroad. The cost of the coordination is not included in the Engineer's basic services. Compensa- tion therefore shall be determined in accordance with Section VII. II 1 0 (6) Prepare a schematic design for the Project based on the Alternative Design - Concept A contained in the report entitled "City of Lubbock - Quirt Avenue Extension Feasibility Study" dated May 1980. (7) Prepare preliminary cost estimates for right-of-way cost and construction cost. (8) Prepare a design memorandum, complete with narrative, maps, sketches and cost estimates for the Project, including recommendations for utility relocations, railroad modifications and right-of-way acquisition. (9) Present the memorandum to the City Staff in five copies. B. FINAL DESIGN PHASE After written authorization by the City to proceed with the Phase A - Final Design Phase, the Engineer shall: (1) Establish the scope, and advise the City, of any soil and foundation investigations or any special surveys or special testing which, in the opinion of the Engineer, may be required for the proper execution of the Project. These investigations and tests will be obtained by the City. (2) Obtain detailed topographic surveys including horizon- tal and vertical control. The performance of these surveys is not included in the Engineer's basic ser- vices. The cost of these services is not included in the Engineer's basic compensation. Compensation there- for shall be determined in accordance with Section VII. (3) Determine right-of-way requirements. (4) Prepare right-of-way map and plats of individual par- cels showing ownerships, legal description and existing improvements for the Design Option C-2 (Overpass), as set forth in Phase B, Paragraph A of this Section. The cost of preparing the right-of-way maps and plats are II 2 not included in the charge for the Engineer's basic services, compensation therefor shall be determined in accordance with Section VII. The City will acquire all property required for right-of-way. (5) Prepare maps required for securing permits and license for the at -grade crossing from each of the railroads. The cost of preparing maps for permits is not included in the charge for the Engineer's basic services. Compensation therefore shall be determined in accord- ance with Section VII. (6) Prepare detailed specifications and contract drawings for construction including traffic signals and railroad signals authorized by the City. The preparation of detailed specifications and contract drawings for the relocation of utilities is not a part of this. Agreement. These designs shall in all respects combine the application of sound engineering principles. (7) Prepare general and special conditions, using City of Lubbock Standard contract conditions and construction specifications. (8) Prepare instructions to bidders, proposal forms and notice to bidders. (9) Prepare a cost estimate, based on the final design, for project construction, utility readjustment, surveys, subsurface investigation, materials testing, admi- nistration and engineering. (10) Furnish to the City five (5) copies of the completed plans, specifications and contract documents for review and approval. C. BIDDING PHASE After written authorization to proceed with the Bidding Phase, the Engineer shall: (1) Furnish the City a Notice to Bidders. City shall II - 3 handle all advertisement and distribution of bidding documents. (2) Furnish twenty (20) copies of approved contract docu- ments, including plans, specifications, proposals and notice to bidders, as required for bidding purposes. Compensation for copies in excess of twenty shall be determined in accordance with Section VII. (3) Attend one (1) pre-bid conference and the opening of construction bids. D. CONSTRUCTION PHASE During the Construction Phase, the Engineer shall: (1) Make periodic visits to the site (as distinguished from the continuous services of a Resident Project Representative described in Subparagraph 3 below) to observe the progress and quality of the executed work and to determine in general if the work is proceeding in accordance with the Contract Documents. In per- forming this service, the Engineer will make spot observations to check the quality or quantity of the work or material; he will not be responsible for the techniques and sequences of construction or the safety precautions incident thereto, and he will not be responsible or liable in any degree for the contractor's failure to perform the construction work in accordance with the Contract Documents. During visits to the construction site, and on the basis of the Engineer's onsite observations as an experienced and qualified design professional, he will keep the City informed of the extent of the progress of the work, and advise the City of material and substantial defects and deficiencies in the work. (2) Consult and advise with the City; make recommendations to the City regarding materials and workmanship; and prepare and issue change orders with City's approval. Routine change orders, such as substitution of material or equipment and extension of time are considered a part of the Basic Service, therefore no extra charge could be made for these services. However, change orders requested by the City, or made necessary by changed site conditions, shall be considered special services and shall be paid for as specified in Section VII. (3) If specifically authorized by City in writing, furnish the services of Resident Project Representatives, and other field personnel for continuous on -the -site obser- vation of construction. Furnishing the services of a Resident Project Representative is not a part of the Engineer's basic services, and compensation therefor is not included in the Basic Charge; if provided, compen- sation shall be determined under Section VII. The authority and duties of such Resident Project Representatives are limited to examining the material furnished and observing the work done, and to reporting their findings to the Engineer. The Engineer will use the usual degree of care and prudent judgement in the selection of competent Project Representatives, and the Engineer will use his best efforts to see that the Project Representatives are on the job to perform their required duties. It is agreed, however, that the Engineer does not underwrite, guarantee, or insure the work done by the contractors. Failure by any Project Representative or other personnel engaged in on -the - site observation to discover defects or deficiencies in the work of the contractors shall not relieve the contractor for liability therefor or subject the Engineer to any liability for any such defect or defi- ciencies. II - 5 (4) Review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of material and equip- ment and other data which the contractor is required to submit, for compliance with the information given by the Contract Documents; and assemble written guarantees which are required by the Contract Documents. (5) Prepare or review monthly and final estimates for City's payments to contractors. (6) Conduct, in company with the City, a final inspection of the Project for compliance with the Contract Documents and make recommendations to the City regarding completion of the Project. PHASE B A. RIGHT-OF-WAY FOR DESIGN OPTION C-2 Upon written authorization by the City, the Engineer shall: (1) Mathematize the overpass design concept based in Design Option C-2 contained in the report entitled "City of Lubbock - Quirt Avenue Extension Feasibility Study dated May 1980. Exact dimensions shall be coordinated with and approved by the City Engineer. (2) Prepare right-of-way maps and plats of individual par- cels showing ownership, legal description and existing improvements for the overpass design concept. The plats of individual parcels shall indicate the total property owned, the proposed acquisition, the remainder, and indicate the square feet of each. The cost of services required for Phase B is not included in the Engineer's Basic services, compensation therefore shall be determined in accordance with Section VII. II - 6 SECTION III AUTHORIZATION OF SERVICES The Engineer shall be authorized to proceed with Phase A - Schematic Design Phase services for the Project upon execution of this Agreement. The. City's written authorization shall be obtained prior to proceeding with each subsequent phase of services. SECTION IV PERIOD OF SERVICE The provisions of this Agreement and the various rates of compensation for the Engineer's services provided for herein have been agreed to in anticipation that the Schematic Phase will proceed immediately in an orderly and continuous manner. Each phase of the Engineer's services shall be completed as follows: Phase Time of Completion PHASE A Schematic Design Phase 80 calendar days Final Design Phase 120 calendar days Bidding Phase 30 calendar days Construction Phase As set in the contract documents for time of completion of construc- tion. PHASE B Mathematization of right-of-way 90 calendar days ROW map and parcel plats 110 calendar days The time of completions stated above are exclusive of the time required for review and approval by the City, each Railroad, affected uti- lities and the State Department of Highways and Public Transportation. If the Engineer's services for design or during construction for the Project are delayed or suspended in whole or in part by City for more than three months for reasons beyond Engineer's control, Engineer shall on written request to City (but without termination of this Agreement) be paid for services performed to date. If such delay or suspension extends for more than one year for reasons beyond Engineer's control, the various fees for compensation provided for elsewhere in this Agreement shall be subject to renegotiation. IV -1 SECTION V CITY'S RESPONSIBILITIES A. GENERAL The Engineer shall hold periodic conferences with the City, or its representatives, in order to obtain full benefit of the City's experience and knowledge of existing needs and facilities, and be consistent with its current policies and construction standards. B. CITY'S RESPONSIBILITIES The City shall: (1) Provide full information as to his requirements for the Project. (2) Assist Engineer by placing at his disposal all avail- able information pertinent to the Project including previous reports and any other data relative to design and construction of the Project. (3) Furnish to Engineer, as required by him for performance of his Basic Services, data prepared by or services of others, such as core borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspections of samples, materials and equipment; appropriate professional interpretations of all of the foregoing; zoning and deed restriction; and other spe- cial data or consultations not covered in Section VII; all of which Engineer may rely upon in performing his services. (4) Guarantee access to and make all provisions for Engineer to enter upon public and private property as required for Engineer to perform his services. (5) Examine all studies, reports, sketches, drawings, spe- cifications, proposals and other documents presented by V - 1 Engineer, obtain advice of an attorney, insurance coun- selor and other consultants as he deems appropriate for such examination and render in writing decisions per- taining thereto within a reasonable time so as not to delay the services of Engineer. (b) Provide such legal, accounting, independent cost esti- mating and insurance counseling services as may be required for the Project, and such auditing service as City may require to ascertain how or for what purpose any contractor has used the moneys paid to him under the construction contract. (7) Designate in writing a person to act as City's repre- sentative with respect to the work to be performed under this Agreement. Such person shall have complete authority to transmit instructions, receive inform- ation, interpret and define City's policies and deci- sions with respect to materials, equipment, elements and systems pertinent to Engineer's services. (8) Give prompt written notice to Engineer whenever City observes or otherwise becomes aware of any defect in the Project. (9) Furnish approvals and permits from all governmental authorities, utilities and railroad companies having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. (10) Furnish, or direct Engineer to provide, necessary Additional Services as stipulated in Section VII of this Agreement or other services as required. (11) Bear all costs incident to compliance with the require- ments of this Section V. V - 2 (12) Prepare permits and license agreements necessary for crossing railroad and State Highway facilities. (13) Prepare all utility relocation construction plans and specifications. (14) Advertise project for bids and distribute copies of plans and specifications to bidders. (15) Conduct a pre-bid conference. (16) Conduct formal bid opening and tabulation of bids for construction of the Project. (17) Prepare formal Construction Contract Documents. (18) Furnish the services of a continuous Resident Project Representative during construction of the Project. (19) Revise contract drawings, based on field drawings pre- pared by the City's Resident Project Representative. V - 3 SECTION VI THE ENGINEER'S BASIC COMPENSATION For and in consideration of the services to be rendered by the Engineer, the City shall pay, and the Engineer shall receive the compen- sation hereinafter set forth for each Phase of the work. All remittances by City of such compensation shall either be mailed or delivered to Henningson, Durham and Richardson, Inc., 8404 Indian Hills Drive, Omaha, Nebraska, 68114. Should City fail to make payment to the Engineer of the sum named in any partial or final statement when payment is past due for more than thirty days, then the City shall pay to the Engineer, in addition to the sum shown as due by such statement, interest thereon at the rate of 0.75 percent per month from the date due, as provided herein, until fully paid, which shall fully liquidate any injury to the Engineer arising from such delay in payment, but the right is expressly reserved to the Engineer in event payments are not promptly made as provided herein, at any time thereafter to treat the Agreement as terminated by the City and recover compensation as provided by Section X of this Agreement. Payments to the Engineer for Basic Services will be made monthly, by the City, upon presentation of monthly statements to the City by the Engineer. For services rendered during the period of this agreement, the City shall pay the Engineer on an hourly basis in accordance with the schedule set forth in Section VII. In addition the City shall pay the Engineer for reimbursable cost plus fifteen percent (15%). The total amount which the City pays to the Engineer for services rendered, including Basic Services and Additional Services as set forth in Section VII shall not exceed the total amount as shown in Exhibit A, except the scope of services is increased and the City and Engineer mutually agree to increase the maximum amount. VI - 1 SECTION VII SPECIAL ASSIGNMENTS AND SERVICES NOT INCLUDED IN BASIC COMPENSATION Engineer shall furnish or obtain from others upon written authoriza- tion by the City additional services and special assignments of the following types which are not considered normal or customary Basic Services: (1) Field surveys to collect information required for design including photogrammetry, and related office computations and drafting. (2) Services of a Resident Project Representative, and other field personnel as required, for on -the -site observation of construction and for construction layout surveys. (3) Land surveys, and establishment of boundaries and -monuments, and related office computations and drafting. (4) Preparation of property, easement and right-of-way descriptions. (5) Preparation of any special reports required for marketing of bonds. (6) Assistance to the City as an expert witness in any litigation with third parties, arising from the de- velopment or construction of the Project including preparation of engineering data and reports. (7) Special investigations involving detailed con- sideration of operation, maintenance and overhead expenses; preparation of rate schedules, earnings and expense statements; special feasibility studies; appraisals; valuations; and material audits or inven- tories required for certification of force account VII - 1 construction performed by the City. (8) Soil and foundation investigations, field and labora- tory tests, borings, material testing, equipment testing, related engineering analysis and recommen- dations. (9) Coordination required with the railroads, utility com- panies, highway department and any other involved agen- cies. (10) Preparation of preliminary relocation plans, .including cost estimates, for all public utilities. (11) Travel and subsistance required of the Engineer and authorized by the City to points other than City's office, Dallas/Fort Worth, Texas and the project site. (12) Service after issuance of Certificate of Completion. (13) Services to investigate existing conditions or facili- ties or to make measured drawings thereof, or to verify accuracy of drawings or other information furnished by City. (14) Preparing documents for alternate bids requested by City for work which is not executed or documents for out -of -sequence work. (15) Services in connection with change orders to reflect changes requested by the City, and services resulting from significant delays, changes or price increases occurring as a direct or indirect result of material, equipment or energy shortage. (16) Preparation of permits, license agreements and plats required by the railroad, highway department or any other involved agency. (17) Any other special or miscellaneous assignment specifi- cally authorized by City. For Special Services rendered under paragraphs VII(1) through VII(17) , the Owner shall pay the Engineer in accordance with the following schedule: VII - 2 Firm Principal Project Manager Project Engineer Design Engineer Engineer -in -Training Engineering Technician Draftsman III & IV Draftsman I & II $85.00 per hour $65.00 per hour $63.00 per hour $58.00 per hour $39.00 per hour $36.00 per hour $30.00/$34.00 per hour A21.nn/427_nn „pr hn..r Typist $23.00 per hour Resident Project Representative $34.00 per hour Subcontract Expense: (Reimbursable Expense) Parkhill, Smith & Cooper, Inc., Project Manager/Firm Principal $65.00 per hour Project Engineer $57.00 per hour Design Engineer $40.50 per hour Engineer -in -Training $33.00 per hour Chief Draftsman $32.00 per hour Draftsman $23.00 per hour Typist $20.50 per hour Resident Proj. Representative $30.00 per hour Wilson Surveying Co., Inc. At cost plus 15% Reimbursable Expense, including but not limited to subcontract expense, travel, per diem, print- ing, telephone and computer pro- cessing. etc. At cost plus 15% The above schedule shall be renegotiated for any special services required after December 31, 1983. Payments to the Engineer for authorized services not included in Basic Charges will be made monthly, by the City, in accordance with Section VI, Paragraph A, upon presentation of monthly statements by the Engineer of such services. VII - 3 The Engineer, of ter written authorization by the City shall furnish the following Additional Services: Section VII(1) and (3) - Field Surveys, Land Surveys and related office computations Section VII(4) - Preparation of property and easement descriptions Section VII(9) - a. Coordination with the railroad Section VII(9) - b. Coordination with public utilities, including development of preliminary relocation plans and cost estimates. VII - 4 SECTION VIII REVISION TO DRAWINGS AND SPECIFICATIONS The Engineer will make, without expense to the City, such revisions of the preliminary drawings as may be required to meet the needs of the City, but after a definite plan has been approved by the City, if a decision is subsequently made by the City which, for its proper execution, involves extra services and expenses for changes in, or addition to the drawings, specifications or other documents, or if the Engineer is put to labor or expense by delays imposed on him from causes not within his conrol, such as by (but not limited to) the readvertisement of bids or by the delinquency or insolvency of contractors, the Engineer shall be compensated for such extra services and expense, which services and expense shall not be con- sidered as covered by the Basic Charges stipulated in this Agreement. Compensation for such extra services shall be made in accordance with the schedule for Special Services in Section VII. SECTION IX OWNERSHIP OF DOCUMENTS All documents, plans, designs and survey notes developed in connection with services performed hereunder belong to, and remain the property of the Engineer, in consideration of which it is mutually agreed that the City will use them solely in connection with the Project, save with the express consent of the Engineer. The Engineer will furnish the City one copy of the record drawings on film (Mylar or equal). IX - 1 SECTION X TERMINATION Either party to this Agreement may terminate the Agreement by giving to the other thirty day notice in writing. Upon delivery of such notice by the City to the Engineer, and upon expiration of the thirty -day period, the Engineer shall discontinue all services in connection with the performance of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders or contracts are chargeable to this Agreement. As soon as practicable after receipt of notice of termination, the Engineer shall submit a statement, showing in detail the services per- formed under this Agreement to the date of termination. The City shall then pay the Engineer promptly for all cost to date plus prorate portions equal to the percentage of design effort completed, less such payments on account of the charges as have been previously made. Copies of all completed or partially completed designs, plans and specifications prepared under this Agreement shall be delivered to the City when and if this Agreement is terminated, but subject to the restrictions, as to their use, as set forth in Section IX. X - 1 SECTION XI GENERAL REQUIREMENTS A. FEDERAL ASSISTANCE The Engineer agrees to acknowledge that Federal financial assistance has been obtained for the development of the Project. B. ANTI -KICKBACK RULES Salaries of all employees performing work tinder 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 man- datory 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; titre 18 U.S.C., section 874; and title 40 U.S.C., section 276c). The Engineer shall comply with all appli- cable "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 thereunder except as the Secretary of Labor may specifically provide for variations of or exemp- tions from the requirements thereof. C. EQUAL EMPLOYMENT OPPORTUNITY During the performance of this Contract, the Engineer agrees as follows: (1) The Engineer will not discriminate against any employee or applicant for employemnt because of race, color, religion, sex, or national origin. The Engineer 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 selection for training, including apprenticeship. The Engineer agrees to post in conspicuous places, available to employees and appli- cants for employment, notices to be provided by the City setting forth the provisions of this non- discrimination clause. (2) The Engineer will, in all solicitations or adver- tisements for employees placed by or on behalf of the Engineer, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (3) The Engineer 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 sub- contracts for standard commercial supplies or raw materials. D. 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. E. AFFIRMATIVE ACTION PLAN The Engineer agrees to file an affirmative action plan in accordance XI -2 with the provisions of the Housing and Urban Development Act of 1968. Further, the provisions of paragraph 135.20 and 137.70 (1) of the Federal Register dated October 23, 1973, are incorporated herein by reference and made a part of this Contract. During the performance of the Contract, the Engineer agrees as follows: (1) The work to be performed under this Contract is on a project assisted under a program providing direct Federal financial assistance from the U.S. Department of Housing and Urban Development and is subject to the requirements 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 unit of local government or the metropolitan area in which the pro- ject is located 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 same metropolitan area as .the project. (2) The parties to this contract will comply with the pro- visions 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. (3) The Engineer will develop and implement an affirmative action plan for utilizing business concerns located XI -3 within or owned in substantial part by persons residing in the same metropolitan area as 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, as amended. (4) The Engineer will send to each labor organization or representative of workers with which he has a collec- tive 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. (5) The Engineer will include this Section 3 clause in every subcontract for work in connection with the pro- ject 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 Engineer will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in viola- tion 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. (6) Compliance with the provisions of Section 3, the regu- lations set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder XI -4 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 reci- pient 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 agree- ment or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR 135.135. F. CIVIL RIGHTS ACT OF 1964 Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, sex, or national origin, be excluded from par- ticipation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. G. RECORDS AND AUDITS The Engineer shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to the contract and such other records as may be deemed necessary by the City to assure proper accounting for all project funds, both Federal and non -Federal shares. These records will be made available for audit purposes to the City or any authorized representative, and will be retained for three years after the expiration of this Contract unless permission to destroy them is granted by the City. H. FINDINGS CONFIDENTIAL All of the reports, information, data, etc., prepared or assembled by the Engineer under this Contract are confidential and the Engineer agrees that they shall not be made available to any individual or organization without the prior written approval of the City. RI - 5 I. COPYRIGHT No report, maps, or other documents produced in whole or in part under this Contract shall be the subject of an application for copyright by or on behalf of the Engineer. J. COMPLIANCE WITH LOCAL LAWS The Engineer shall comply with all applicable laws, ordinances and codes of the State and local governments. K. SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 During the performance of this Contract, the Engineer agrees as follows: (1) No person in the United States shall on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or acti- vity funded in whole or in part with funds made available under this title. (2) Whenever the Secretary determines that a State or unit of general local government which is a recipient of assistance under this title has failed to comply with subsection (a) or an applicable regulation, he shall notify the Governor of such State or the chief execu- tive officer of such unit of local government of the noncompliance and shall request the Governor or the chief executive officer to secure compliance. If within a reasonable period of time, not to exceed sixty days, the Governor or the chief executive officer fails or refuses to secure compliance, the Secretary is authorized to (a) refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted; (b) exercise KI - b the powers and functions provided by title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d); (c) exer- cise the powers and functions provided for in section 111(a) of this Act; or (d) take such other action as may be provided by law. (3) When a matter is referred to the Attorney General pur- suant to subsection (b), or whenever he has reason to believe that a State Government or unit of general local government is engaged in a pattern in violation of the provisions of this section, the Attorney General may bring a civil action in any appropriate United States district court for such relief as may be appropriate, including injunctive relief. L. SECTION 503 HANDICAPPED During the performance of this contract, the Engineer agrees to take affirmative action for handicapped workers. (1) The Engineer will not discriminate against any employee or applicant for employment because of physi- cal or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The Engineer agrees to take affirmative action to employ, advance in employment .and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or ter- mination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. (2) The Engineer agrees to comply with the rules, regula- tions, and relevant orders of the Secretary of Labor XI -7 issued pursuant to the Act. (3) In the event of the Engineer's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with the rules, regula- tions, and relevant orders of the Secretary of Labor issued pursuant to the Act. (4) The Engineer agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the City. Such notices shall state the Engineer's obligation under the law to take affirmative action to employ and advance in employment qualified handicapped employees and applicants for employment, and the rights of applicants and employees. (5) The Engineer will notify each labor union or represen- tative of workers with which it has a collective bargaining agreement or other contract understanding, that the Engineer is bound by the terms of Section 503 of the Rehabilitation Act of 1973, and is committed to take affirmative action to employ and advance in employment physically and mentally handicapped indivi- duals. (6) The Engineer will include the provisions of this clause in every subcontract or purchase order of $2,500 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to Section 503 of the Act, so that such provisions will be binding upon each subcontractor with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action for noncompliance. XI -8 M. INTEREST OF t4EMBERS OF CITY No member of the governing body of the City, and no other officer, employee, or agent of the City who exercises any functions or responsibili- ties in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and the Engineer shall take appropriate steps to assure compliance. N. INTEREST OF OTHER LOCAL PUBLIC OFFICIALS No member of the governing body of the locality and no other public official of such locality, who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and the Engineer shall take appropriate steps to assure compliance. 0. INTEREST OF ENGINEER AND EMPLOYEES The Engineer covenants that he presently has no interest and shall not acquire interest, direct or indirect, in the study 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 Engineer further cove- nants that in the performance of this contract, no person having any such interest shall be employed. P. PERSONNEL The Engineer 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 City. All of the services required hereunder will be performed by the Engineer 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. XI -9 SECTION XII SUBCONTRACTS Certain basic services and additional services will be subcontracted to the following firms: Parkhill, Smith & Cooper, Inc. Lubbock, Texas Wilson Surveying Co., Inc. Lubbock, Texas SECTION XIII ADDRESS OF NOTICES AND COMMUNICATIONS All notices and communications under this Agreement to be mailed or delivered to Engineer shall be to the following address: Mr. Roy R..Brunz, P.E. Henningson, Durham & Richardson, Inc. Suite 125 12700 Hillcrest Road Dallas, Texas 75230 All notices and communications under this Agreement to be mailed or delivered to the City shall be to the following address: P.O. Box 2000 Lubbock, Texas 79457 SECTION XIV SECTION CAPTIONS Each Section under the contractual undertakings has been supplied with a caption to serve only as a guide to the contents. The caption does not control the meaning of any Section or in any way determine its interpreta- tion or application. XIV - 1 SECTION XV PROPOSAL The Proposal to the City of Lubbock for Engineering Services for Quirt Avenue Paving Project, dated March 1983, made by Henniagson, Durham & Richardson, Inc., in association with Parkhill, Smith & Cooper, Inc., is hereby made a part of this agreement, as if attached. SECTION XVI SUCCESSORS AND ASSIGNMENTS The City and the Engineer each binds himself and his successors, exe- cutors, administrators and assigns to the other party of this Agreement and to the successors, executors, administrators and assigns of such other party, in respect to all covenants of this Agreement. Except as above, neither the City nor the Engineer shall assign, sublet or transfer his interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party thereto. EXECUTED in 2 counterparts (each of which is an original) on behalf of Engineer by its Executive Vice -President shown below, and on behalf of City by its Mayor (thereunto duly authorized) this 28th day of May 1983. CITY: ENGINEER: CITY OF LUBBO , E HENNINGSON, DURHAM & RICHARDSON, INC. 1 By AB -y� Till McAl ter, yor Robert A. Rohling, Executive Vice -President ATTEST: Evelyn Gaffga, City Secre ry XVI - 1 EXHIBIT A Schedule of Engineer's Compensation Henningson, Durham & Richardson, Inc., in association with Parkhill, Smith & Cooper, Inc. Project - Street improvements on Quirt Avenue from East 31st Street to East 37th Street, City of Lubbock, Texas SERVICES PHASE A (Basic Services) BASIS OF COMPENSATION COMPENSATION Schematic Design Phase Hourly plus reimbursable $ 55,000 expense plus 15% Final Design, Bidding, Hourly plus reimbursable $ 70,000 Construction Phases expense plus 15% PHASE B (Additional Services) Schematic Design of Option Hourly plus reimbursable $ 25,000 C-2 for Right -of -Way expense plus 15% Determination Property, Right -of -Way Hourly plus reimbursable $ 25,000 Descriptions, Right -of -Way expense plus 15% Map (15 parcels, 5 utility easements, 4 railroad/high- way permit sketches max.) COORDINATION (Additional Services) Railroads and Public Hourly plus reimbursable $ 13,000 Utilities expense plus 15% SURVEY (Additional Services) Phase A & B Design, Hourly plus reimbursable $ 55,000 Right -of -Way Easements expense plus 15% TOTAL ENGINEER'S COMPENSATION $243,000 PARCEL ABSTRACTS & DESIGN OF RELOCATED RAILROAD FACILITIES To be provided by others. UTILITY RELOCATION CONSTRUCTION PLANS AND SPECIFICATIONS To be provided by the City of Lubbock.