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2009-071-RES-City of Paris received a proposal from Hayter Eng. for services for plans for the Main Street sidewalkRESOLUTIOIV 1V0. 2009-071 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING THE PROPOSAL OF HAYTER ENGINEERING, INC. FOR ENGINEERING SERVICES TO PREPARE PLANS AND SPECIFICATIONS FOR THE TEXAS DEPARTMENT OF AGRICULTURE MAIN STREET PROGRAM FOR SIDEWALK IMPROVEMENTS IN THE CITY OF PARIS AND AUTHORIZING THE EXECUTIOIV OF AN E111GINEERING SERVICES AGREEMENT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, The City of Paris is a participant in the Texas Capital Funds (TCF) grant from the Texas Department of Agriculture (TDA) under the Main Street Program and is a recipient of grants for sidewalk improvements in the City of Paris; and, WHEREAS, the City of Paris is in need of engineering services to prepare plans and specifications for the sidewalk improvements to be made under the aforesaid TCF - TDA Main Street Program; and, WHEREAS, the City has received a proposal from Hayter Engineering, Inc. to provide engineering services for plans and specifications for said Main Street sidewalk improvements in the form attached hereto as Exhibit A; and, WHEREAS, it is deemed appropriate that the proposal of Hayter Engineering, Inc. to provide engineering services for plans and specifications for the sidewalk improvement project be approved and the City Manager be authorized and directed to negotiate and execute on behalf of the City of Paris a professional services agreement with Hayter Engineering, Inc. in a form approved by the City Attorney. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the proposal of Hayter Engineering for engineering services for plans and specifications for the Main Street Program sidewalk improvements in the City of Paris, be, and the same is hereby accepted. Section 3. That the City Manager be, and he is hereby authorized and directed to negotiate and execute on behalf of the City of Paris an Engineering Services Agreement with Hayter Engineering, Inc. for plans and specifications for the above referenced sidewalk improvement project, under the terms and conditions and in a form approved by the City Attorney. Section 4. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 131h day of July, 2009. L VAIvI7 /IIsse Jam Freelen, Mayor i ATTEST: ice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlya , Ci Attorney AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is entered into by the City of Paris, a home-rule municipal corporation hereinafter called CITY," and HAYTER ENGINEERING, INC., a Texas corporation, acting herein through a duly authorized officer, herein called "ENGINEER," because CITY desires ENGINEER'S services in connection with engineering services for a Texas Dept. of Agriculture Main Street infrastructure improvements grant. WITNESSETH: For the mutual promises and benefits herein described, the parties agree as follows: Term of AGREEMENT: This AGREEMENT shall become effective on the day it is executed, and shall continue in effect thereafter until the services provided for herezn have been performed, or until terminated as provided herein. 2. Services to be Performed bv ENGINEER: Engineer shall diligently and timely perform the services described in the Scope of Services attached hereto and incorporated herein by reference as Exhibit A. CITY may request additional services of any type normally rendered by ENGINEER. These will be called "Additional Services," and compensation shall be determined as per Section 3(b) hereof. Basic services during the construction period, if any such services are included in this AGREEMENT, are understood to be for the time of completion initially specified in the corresponding construction contract, and services beyond that time, including services as expert witness or assisting in litigation, or services due to failure of the CONTRACTOR to complete on time, will be deemed additional services. Cornpensation of ENGINEER: Owner shall pay ENGINEER as follows: (a) Design Plans and Specifications $18,000; Construction Phase Services, $12,000 (b) CITY shall pay ENGINEER for additional services requested by CITY, at the hourly rates on Exhibit B hereto, plus reimbursable expenses. (c) ENGINEER may submit monthly statements for basic and additional services. These will be based upon ENGINEER'S estimate of services completed at the time, and CITY shall make prompt payments. If CITY fails to pay ENGINEER within sixty (60) calendar days of the receipt of ENGINEER'S statement, the amounts due ENGINEER sha11 increase at the rate of one percent (1 a month. ENGINEER may, after giving seven (7) days written notice to CITY, suspend services until paid. (d) In the event of termination by CITY, ENGINEER shall be entitled to paynient for services rendered through receipt of termination notice. EXHtBIT A (e) "Reimbursable eYpenses" include, but ai•e not limited to, long distance telephone, postage, equipment, expendables, mileage, subcontractors or special consultants, freight, testing fees, copies, and blueprints. Where special consultants or subcontractors are used as additional services, the ENGINEER'S reimbursement shall include a service charge equal to 5% of the subcontractor's invoice amount. 4. Services to be Performed by CITY: CITY shall: (i) designate a specific person as CITY's rep.-esentative; (ii) provide ENGINEER with any previous studies, reports, data, budget constraints, special CITY requirements, or other pertinent information known to CITY; (iii) ensure access for the ENGINEER to properties necessary for performance of the ENvINEER'S work; (iv) provide legal, accounting, or insurance consultants, financial advisors or other similar specialists as required for the project; (v) make prompt payments in response to ENGINEER' S statements; and (vi) respond in a timely fashion to requests from the ENGINEER. ENGINEER is entitled to rely upon and use, without independent verification and without liability, all information and services provided by CITY or CITY's appointees, or with respect to buried utilities, the utility providing service in the project area. 5. Ter:nination: The obligation to provide further services under this AGREEMENT may be teri;zinated by either party upon ten (10) calendar days written notice, in the event of substantial failure by the other party to perform in accordance with the terms hereof. 6. Reuse of Documents: All documents prepared by ENGINEER are instruments of service for the specific proj ect contemplated under this AGREEMENT. They are not intended for reuse on extensions of that project, or on any other project. Any reuse without written verification or adaptation by ENGINEER for the specific purpose intended will be at CITY's sole risk and without liability to ENGINEER. 7. Notices: Any notices to be given hereunder by either party to the other may be effected eith,-r by personal delivery, in writing, or by registered or certified mail. 8. Solc, Parties and Entire AGREEMENT: This AGREEMENT shall not create any rights or ben,-fits to anyone except the CITY and ENGINEER, and contains the entire agreement between the parties. Oral modifications to this agreement shall have no force or effect. 9. Texas Law to Apply• Successors• Construction: This AGREEMENT shall be construed under and in aecordance with the laws of the State of Texas. It shall be binding upon, and inure to the benefit of, the parties hereto and their representatives, successors and assigns. Should any provisions in this AGREEMENT later be held invalid, illegal or unenforceable, they shall be deemed void, and this AGREEMENT shall be construed as if such provision had never been contained herein. 10. Oth,~r Provisions: The parties hereto further agree as follows: (a) Indemnification. ENGINEER shall release, indemnify and hold CITY and its officers, agents and employees hannless from and against all damages, injuries (including death), claims, property damages (including loss of use), losses, demands, suits, judgments and costs, including reasonable attorney's fees and expenses, in any way arising out of, related to, or resulting from the services provided by ENGINEER but only to the extent caused by the negligent act or omission or intentional wrongful act or omission of ENGINEER, its officers, agents, employees, subcontractors, licensees, invitees or any other third parties for whom Engineer is legally responsible (hereinafter "Claims"). ENGINEER is expressly required to defend CITY against all such Claims. (b) Any opinion of the probable construction cost prepared by the ENGINEER represents only his judgment as a design professional and is supplied for the general guidance of the CITY. Since the ENGINEER has no control over the cost of labor and material, or many other factors, the ENGINEER does not imply nor guarantee the accuracy of such opinions. If the CITY elects to redesign or rebid the project to reduce costs, ENGINEER' S services for such rebidding or redesign shall be additional services. (c) The ENGINEER has not been retained or compensated to provide design and construction review services relating to any construction contractor's safety precautions or to means, methods, techniques, sequences, or procedures required for the contractor to perform his work, but not relating to the final or completed structure. The ENGINEER does not in any manner guarantee the performance of the construction contractors. (d) ENGINEER will strive to perform services hereunder in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. No other representation, express or implied, and no warranty or guarantee is included or intended in this AGREEMENT, or in any report, opinion, document, or otherwise. (e) Delivery of Electronic Files - In accepting and utilizing any drawings, reports and data on any form of electron media from the ENGINEER, CITY agrees that such files are instruments of service of the ENGINEER, solely for this particular Project. The CITY agrees not to reuse these electronic files for any purpose other than of the Project. The CITY agrees to waive all claims against the ENGINEER resulting from any unauthorized changes to or reuse of the electronic files for any other project. Electronic files furnished by either party shall be subject to an acceptance period of sixty (60) days. After the acceptance period, the electronic files shall be deemed to be accepted and neither party shall have any obligation to correct errors or maintain electronic files. In the event of a conflict between the hard-copy construction documents and record drawings prepared by the ENGINEER and the electronic files, the signed and sealed hard-copy construction documents shal] govern. In addition, the CITY agrees, to the fullest extent permitted by law, to release the ENGINEER, its officers, directors, employees and subconsultants against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, arising from any changes made by anyone other than the ENGINEER or from any reuse of the electronic files. (f) Independent Contractor. ENGINEER covenants and agrees that ENGINEER is an independent contractor and not an officer, agent, servant or employee of CITY; that ENGINEER shall have exclusive control of and exclusive right to control the details of the work performed hereunder and all persons performing same, and shall be responsible for the acts and omissions of its officers, agents, employees, contractors, subcontractors and consultants; that the doctrine of respondent superior shall not apply as between CITY and ENGINEER, its officers, agents, employees, contractors, subcontractors and consultants, and nothing herein shall be construed as creating a partnership or joint enterprise between CITY and ENGINEER. (g) No Assignment. ENGINEER covenants and agrees that during the term of this agreement, the services to be provided hereunder remain the sole responsibility of ENGINEER, and that ENGINEER shall not during the term of this agreement assign, subcontract, or in any other way authorize or retain other parties to provide such services without the express written consent of CITY. (h) Venue. The parties agree that the laws of the State of Texas shall govern this Agreement, and that all aspects of this Agreement are performable in Lamar County, Texas. Exclusive venue for any claim or lawsuit arising out of or related to this Agreement shall lie in Lamar County, Texas. Amundments to this contract shall be in writing, and be signed by the appropriate authorized parties for both CITY and ENGINEER. IN WITNESS WHEREOF, the parties, having read and understood this AGREEMENT, have executed su~;h in duplicate copies, each of which shall have full dignity and force as an original, on the day of AUGUST , 2009. ENGiNEER_: HAYTER ENGINEERING, INC By: ~ ~ , i ~ (Cd1~po?'atC SP,di) CITY: By: ATTEST: / eal) EXHIBIT A BASIC SERVICE5 OF ENGINEER 2.1 General The Project contemplated herein will consist of sidewalk improvements as outlined in CTTY's TDA grant contract. ENGINEER shall provide for CITY professional engineering services as hereinafter provided. These services will include providing professional engineering consultation and advice and furnishing customary civil, structural, mechanical and electrical engineering services, and customary architectural services incidental thereto. 2.2 Preliminary Desi ng Pilase 2.2.1 Consult with CITY to clarify and define CITY'S requirements for the Project and review available data. 2.2.2 Advise CITY as to the necessity of CITY providing or abtaining from others, data or services outside those of ENGINEER described herein, and assist CITY in obtaining same, 2.2.3 Identify and analyze requirements of governmental authorities having jurisdiction to approve the design af the Project and participate in consultations with such authorities. 2.3 Final Design Phase Drawin s~~ and Specification Phase 2.3.1 Prepare final drawings to show the general scope, extent and character of the work of CONTRACTOR ("Drawings"), and Technical Specifications. 2.3.2 Provide technical data for CITY'S use in obtaining approva1 of governmental authorities having jurisdiction to approve the design of the Project, and assist CITY in consultations with said approval authority. 2.3.3 Advise CITY of any adjustments to the latest opinion of probable Total Project Costs. 2.3.4 Prepare for review and approval by CITY, its legal counsel and other advisors, contract agreement forms, general conditians, and supplementary conditions, and bid forms, invitations to bid and instructions to bidders, and assist in the preparation of other related documents. 2.3.5 Furnish one copy of the above documents and of the Drawings and Specifications and present and review them with CITY. Two additional capies will be furnished by the ENGINEER to the Texas Commission on Environmental Quality (TCEQ) for review and concurrence in the Project. 2.4 Bidding 2.4.1 A.ssist CITY in advertising for bids for a sin le prime contract for the Work. 2.4.2 Prepare addenda as appropriate to interpret, clarify or expand the Bidding Documents. 2.4.3 Attend the bid opening, prepare bid tabulation sheets, and recommend an award if deemed appropriate. 2.5 C:onstruction Phase 2.5.1 ENGINEER shall consult, advise, and act as CITY'S representative as provided in the construction contract. All of CITY'S instructions to CONTRACTOR will be issued through ENGINEER who will have authority to act on behalf of CITY to the extent p_-ovided in said construction contract. 2.5.2 In corulection with observations of the work of CONTRACTOR while it is in progress: 2.5.2.1 ENGINEER shall make visits to the site at intervals ENGINEER deems necessary, in order to observe the progress and quality of the CONTRACTOR' S work. Based on information obtained during such visits and on such observations, ENGINEER shall endeavor to determine in general, if such work is proceeding in accordance with the contract documents. 2.5.2.2 If requested by CITY or recommended by ENGINEER and agreed to in writing by CITY, aii on-site observer will be furnished, to act as directed by ENGINEER in order to assist ENGINEER in observing performance of the work. Such services will be paid for as per Section 3b. The duties and responsibilities and the limitations on the authority of the on- site observer will be set forth in a separate exhibit which is to be made a part of this Agreement before such services begin. 2.5.2.3 ENGINEER'S visits to, and representation by the on-site observer at the site, will enable ENGINEER to better carry out the duties and responsibilities assigned to ENGINEER during the Construction Phase, and, by exercise of ENGINEER'S efforts as an experienced alld qualified design professional, provide CITY a greater degree of confidence that the completed work of CONTRACTOR will conform generally to the contract documents. ENGINEER shall not, however, during such visits or as a result of such observations, supervise, direct or have control over CONTRACTOR'S work, nor shall ENGINEER have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by CONTRACTOR or for safety precautions and p: ograms incident to the work, or for any failure of CONTRACTOR to comply with laws, regulations, codes or orders applicable to CONTRACTOR'S work. Accordingly, ENGINEER can neither guarantee the performance of the construction contracts by CONTRACTOR, nor assume responsibility for CONTRACTOR'S failure to furnish and pcrform their work in accordance with the contract documents. 2.5.3 Iiiterpretations and Clarifications ENGINEER shall issue necessary interpretations and clarifications of the contract documents and in connection therewith prepare work directive changes and change orders, as required. 2.5.4 Silop Drawings & Substitutes E`:I~GINEER shall review or take appropriate action, on substitute materials proposed by CONTRACTOR, shop drawings, samples and other data which CONTRACTOR is required to submit, but only for general conformance with the design concept of the project and the information given in the contract documents. Such review shall not extend to means, methods, techniques, sequences or procedures of construction or to safety precautions and programs incident thereto. 2.5.5 Inspections and Tests ENGINEER shall have authority, as CITY'S representative, to require special inspection or testing of the work, and shall receive and review all cei-tificates of inspections, testing and approvals required by laws, regulations, codes, orders or the contract documents, to de~ermine generally that their content complies with the requirements of, and the results certified indicate compliance with, the contract documents. 2.5.6 Disputes between CITY and CONTRACTOR ENGINEER shall act as initial interpreter of the contract documents and judge of the acceptability of the work, and make decisions on all claims of CITY and CONTRACTOR relating to the acceptability of the work or the interpretation of the requirements of the contract documents. ENGINEER shall not be liable for the results of any such intorpretations or decisions rendered in good faith. 2.5.7 Apolications for Payment Based on ENGINEER'S observations as an experienced and qualified design professional, on information provided by the on-site observer and on review of applications for payment and the accompanying data and schedules; ENGINEER shall determine the amount owed to CONTRACTOR and recommend in writing payments to CONTRACTOR. This recommendation will constitute a representation to CITY that the woik has progressed to the point indicated, and that, to the best of ENGINEER'S kitcwlccige, iiifurmation and beliel', the quality of such work is generally in accordance witll the contract documents. However, ENGINEER will not thereby be deemed to have macie exhaustive, continuous or detailed reviews or examinations to check the quality or qua:Itity of CONTRACTOR'S work as it is furnished, beyond the responsibilities specifically assigned to ENGINEER in this Agreement and the contract documents. ENGINEER'S review of CONTRACTOR'S work for the purpose of recommending payments will also not impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes CONTRACTOR has used the monies paid on account of the contract price, or to determine that title to any of the work, materials or equipment has passed to OWNER free and clear of any lien, claims, security interests or encumbrances, or that there may not be other matters at issue between CITY and C ONTRACTOR that might affect the amount that should be paid. 2.5.8 Inspections ENGINEER shall conduct an inspection to determine if the work is substantially complete, and a final inspection to determine if the completed work is acceptable, so that ENGINEER may recommend final payment to CONTRACTOR. Any such recoinmendation is subject to the limitations expressed earlier herein. 2.5.9 Limitation of Responsibilities ENGINEER shall not be responsible for the acts or omissions of any CONTRACTOR, or its subcontractor, supplier, or any of the CONTRACTOR'S or subcontractor's suppliers, agents or employees, or any other persons (except ENGINEER'S own employees and acyents) at the site ar otherwise furnishing or performing any of the CONTRACTOR'S work; however, nothing contained in this section shall release ENGINEER from liability fur failure to properly perform duties and responsibilities assumed by ENGINEER in the contract documents. SECTION 2.6 - ADDITIONAL ENGINEERING SERVICES The following "additional services" are known to be required at the time of this agreement, and are authorized zt per diem rates shown as Exhibit A. These and other "additional services" which may be added as required will be paid for as additional services in accord with Section 3b. 2.6.1 Bid and Award - Beyond basic fee services specified elsewhere herein, ENGINEER will p:int and distribute all sets of drawings and addendums required; maintain a list of prospective bidders; distribute any addenda required; provide drawings and specifications to contractor plan rooms; and attend a pre-bid conference if one is deemed advisable. F urther, ENGINEER will prepare the necessary sets of documents for contract execution; work with CONTRACTOR and CITY to execute same; submit executed documents for approval to City Attorney and any funding agencies requiring document review; and distribute executed documents. The lump sum fee for this service is $3000. 2.6.2 Crossing Permits - ENGINEER will assist CITY in obtaining permits required for construction on highway right-of-way, including preparation of necessary forms, and liaison with railroad or state. The lump sum fee for this service is $1000. 2.6.3 Design Field Surveys - ENGINEER will provide field surveying necessary to design the p,,-oject, including planimetric locations, elevations, and similartopographic information, but not including boundary type surveys. The lump sum fee for this service is $2000. 2.6.4 ~laterials Testing - ENGINEER will arrange and pay for construction materials of the p. oject site, for testing as required. The lump sum fee is $2000. 2.6.5 Limitation - ENGINEER shall not exceed budgeted amounts for engineering services as iuentified in the CITY's TDA grant contract without additional authorization by CITY. Services not identified as lump sum are billable at per diem rates, as shown on Exhibit A and paragraph 3(b) hereof. EXHIBIT B Schedule of Per Diem Rates March 2009 Personnel Hourly Rates Principals 140.00 Project Managers 115.00 Project Engineer 80.00 Intern Engineers 75•00 Senior Technicians 68.00 CAD Technician 45.00 Draftsmen 27.00 Administrative Assistant 42.00 Environmentalist 50.00 On-Site Observer 45.00 Surveyor 85.00 Survey Technician 40.00 Survey Crew - 2 Man Pariy 85.00 Survey Crew - 3 Man Party 125.00 This Schedule of hourly rates may be modified by the ENGINEER at his discretion. Time billed for per diem rate services shall be in minimum increments of'/4 hour. EXHIBIT C Equal Employment Opportunity During the p,~rformance of this Contract, the Fii-in agrees as follows: A. The Firm will not discriininate against any employee or applicant for employment because of race, creed, sex, color, handicap or national origin. The Firm will take affirmative action to ensu.:, that applicants are einployed and that employees are treated during employment without regard to their race, creed, sex, color, handicap 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 Firm agrees to post in conspicuous places, available to employees and applicants for employment, notices to be prov:ded by the City/County setting forth the provisions of this non-discrimination clause. B. The Firm will, in all solicitation or advertisements for employees placed by or on behalf of the Firm, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, handicap or national origin. C. The 'Firm 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. Civil Ri lgzts Act of 1964 Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Section 109 of the Housing and Community Development Act of 1974 No person iri the United States shall on the ground of race, color, national origin, or sex be excluded from pai-ticipation in, be denied the benefits of, or be subjected to discrimination under any progam ar activity fimded in whole or in part with filnds made available under this title. "Section 3" Coinpliance in the Provision of Training Fmplovment and Business Opportunities A. The work to be performed under this contract is on a project assisted under a program prov'iding direct Federal financial assistance from the Department of Housing and Urban Devclopment and is subject to the requirements of Section 3 of the Housing and Urban Developinent Act of 1968, as ainended, 12 U.S.C. 1701u. Section 3 requires that to the great~,,st 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. 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 C.F.R. 235, and all applicable rules and orders of the Department issued thereander 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 send to each labor organization or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his/her coinmitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to en_ployees and applicants for employment or training. D. 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 fnancial 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 C.F.R., Part 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 C.F.R. Part 135 and will not let any subcontract unless the subcontractor has frst provided it with a preliminary statement of ability to comply with the requirements of these regulations. E. Compliance with the provisions of Section 3, the regulations set forth in 24 C.F.R. Part 135, and ail applicable rules and orders of the Department issued hereunder 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. Pailure 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 C.F.R. Part 135. Section 503 Handicapped (if $2 500 or Over) Affirmative Action for Handicapped Workers A. The C-ontractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The contractor 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, adve:-tising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. g. The Contractor agrees to comply with the rules, regulations, and relevant orders of the Secrctary of Labor issued pursuant to the Act. C. In th- event of the contractor's non-compliane n~ it~i h the the rules, eregulat oins, clause and relevant for non-compliance may be taken in accorda orders of the Secretaiy of Labor issued pursuant to the Act. licants D. The Contractor agrees to post in conspicuous places, available to employees ided bd pphrough Y o for employment, notices in a form to be prescribed by the Director, p the contracting officer. Such notices shall state the contractor's obligation under the law to take affirmative action to employ and advance 1n hmp of an1 licants handicapped employees and applicants for employment, and the g PP E. The Contractor will notify each labor union olp understanding hat the olntachorhs bound collective bargaining agreement or other contrac by the terms of Section 503 of the Rehabilitation emt phys cally a de mentally affirmative ac tion to e m p l o y a n d a d v a n c e i n ploYmnt handicapped individuals. purchase F. The Contractor will include the provisions of this c u i orde subcontract of the Secretary ordcr of $2,500 or more unless exempted by rules, regulations, or issued pursuant to Section 503 of the Act, so that such provisions will be binding upon each subcontractor with respect to any subcontract or P rect to enforce such provisoons, t nclOuding of Pederal Contract Compliance Programs may di action for non-compliance. Interest of Members of a City/County No inember of the governing body of the City/County ~dtiesoin connecti n wi h the planningf and City/County who exercises any functions or r rponabfinancial interest, direct or indirect, in this carrying out of the program, shall have any pe Cozltract, and the Firm shall take appropriate steps to assure compliance. Interest oi'Other Local Public Officials No menlber of the govenning body of the locality and th h b~lanni~ng and carry i~g o~ut of the exercises any fimctions or responsibilities in connecti P program, shall have any personal tinancial interest, direct or iildirccl, iii lllis Cut1L1'acl, a~id lhe F11,111 shall take appropriate steps to assure compliance. Interest of Ficin and Employees The Firm covenants that he/she presently has no interest and shall not acquire interest, direct or indirect, in tiie study area or any parcels therein or any other interest which would conflict in any manner or degree with the perforrnance of his/her services hereunder. The Firin further covenants that in the ptrformance of this Contract, no person having any such interest shall be employed. EXHIBIT D PROJECT '~IAPPING/DESIGN INFORMATION AND COPYRIGHT The ENGINEER shall provide a copy of the final project record drawings prepared from infoi-mation provided by the construction contractor. These drawings shall be provided in digital format containing the source data (original vector data) and the graphic data in files on machine readable media, such as compact disk (CD), which are compatible with computer systems owned or readily available to the CITY. The digital copy provided shall not include a digital representation of the ENGINEER'S seal but the accompanying documentation from the ENGINEER shall include a signed statetnent of when the map was authorized, that the digital map is a true representation of the original sealed doctlment, and that a printed version with the seal has been provided to the CITY. In addition, complete documentation as to the content and layout of the data files and the name of the software package(s) used to generate the data and maps shall be provided to the CITY in written form. Specifically, the CD label shall show the Contractor's name, the assigned ORCA contract number, the contents of the CD, the preparer's name, and the name of the software package(s) used to generate the maps on the CD.