1999-145-RES A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS,
RESOLUTION NO. 99-145
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS,
APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH
PATTERSON ENGINEERING FOR ALL ENGINEERING SERVICES FOR A HOUSING
INFRASTRUCTURE FUND PROJECT THAT WILL PROVIDE FOR WATER/SEWER
IMPROVEMENTS, STREET PAVING, AND DRAINAGE IMPROVEMENTS, FUNDED
BY THE 1999 HOUSING INFRASTRUCTURE FUND PROGRAM GRANT, TCDP
CONTRACT NO. 719068; MAKING OTHER FINDINGS AND PROVISIONS RELATED
TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris did heretofore, on the 10th day of May,
1999, in Resolution No. 99-053, which was amended on the 27th day ofJuly, 1999, by Resolution
No. 99-095, authorize an application to be made to the Texas Department of Housing and
Community Affairs under the Texas Community Development Program (TCDP) for the 1999
Housing Infrastructure Fund Program grant; and,
WHEREAS, the City Council of the City of Paris did heretofore, on the 4th day of
November, 1999, in Resolution No. 99-129, accept the Grant Award entitled "1999 Housing
Infrastructure Fund Program" Grant, TCDP Contract No. 719068, in the amount of $399,500.00,
from the Texas Department of Housing and Community Affairs for participation in the 1999 Texas
Community Development Program; and,
WHEREAS, the City of Paris is in need of engineering services for said project funded
in the Texas Community Development Programs grant; and,
WHEREAS, C. T. Patterson III, P.E., President of Patterson Engineering, has made a
Proposal to provide all engineering services for the Housing Infrastructure Fund Grant project,
and it is deemed appropriate that such proposal be accepted; and,
WHEREAS, the form of the Agreement between City of Paris and Patterson Engineering
for all engineering services for the Housing Infrastructure Fund Project, attached hereto as Exhibit
A, should, in all things, be approved, and the City Manager, Michael E. Malone, should be
authorized to execute the same; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS:
Section 1.
That the findings set out in the preamble to this resolution are hereby in all things
approved.
Section 2.
That the Proposal submitted by Patterson Engineering, for all engineering services
for the water/sewer improvements, street paving, and drainage project under the
Texas Community Development Program, to be funded by the 1999 Housing
Infrastructure Fund Program" Grant, TCDP Contract No. 719068, be, and the
same is hereby, accepted.
Section 3.
That the form of the Agreement between the City of Paris and Patterson
Engineering for all engineering services for the Housing Infrastructure Fund
Project, attached hereto as Exhibit A, be, and the same is hereby, approved.
Section 4.
That the City Manager, Michael E. Malone, be, and he is hereby, authorized and
directed to execute, on behalf of the City of Paris, said Agreement with Patterson
Engineering, under the terms and conditions and in the form shown in Exhibit A,
attached hereto.
Section 5.
That this resolution shall be effective from and after its date of passage.
PASSED AND ADOPTED this 9th day of December, 1999.
Cfe<L it II &J- tel:;
Charles H. Neeley, Mayor ;;:7
ATTEST:
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Mattie Cunningham, City Clerk
CONTRACT (PARTS I-IV)
PROFESSIONAL MANAGEMENT, ENGINEERING AND/OR ARCHITECTURAL SERVICES
PART I - AGREEMENT
~HIS AGREEMENT, entered into this _ day of
Par1s, Texas , hereinafter called the "City",
hereunto duly authorized. andPatterson Enqineerinq
C.T. Patterson III,P.E.
. by and between the CITY OF
acting herein by Thorn"" H"ynp<:
hereinafter called "Firm". acting herein by
WITNESSETH THAT:
wt1EREAS, the. City of Paris, Texas desires to implement a
Commun1ty Development Program under the general oirection of the Texas Community Development
Program; and Whereas the City desires to engage Pat tersori Eng i neeri nq to render certain services
In connection with its Subdivision Development
NOW THEREFORE, the parties do mutually agree as follows:
1. Scope of Services
Part II. Scope of_Services, is hereby Incorporated by reference Into thiS Agreement.
2. Time 'ff Performance - The
date of t 1S agreement .
shall be completed no later than
services ofatterson Engineeringshall commence on
In any event. all of the services required and performed hereunder
270 days
3. Access to Information - It is agreed thai all information. data. reports and records and maos as are
existing. available and necessary for the carrying out of the work oullined above shall be furnished to
Patterson EnaineerinQ by the 'City and Its agencies. No charge Will be made to
Patterson EnaineerinQ for such Informalion and the City and ItS agencies Will CCGoerate With
Patterson Enaineerin9 In every way pOSSible to faCilitate the performance oJf the work
deSCribed In the contract.
4. Compensation and Method of Pavment _ The maximum amount of compensation and relmoursement to
be paid hereunder shall not exceed S 38,600.00 Payment to (person/firm) shall be based on
satisfactory complelion of identified milestones In Part III . Payment Schedule of thiS Contract
5. Indemnification. Pa t terson Eng i neer i nCJhall comply With the reqUirements of all applicable
laws. rules and regulations. and shall exonerate. indemnify. and hold harmless the City and Its agency
members from and against them, and shall assume full responSibility for payments of Federal. State and
local taxes on contributions Imposed or required under the SOCial Security. worker's compensation and
Income tax laws.
6. Miscellaneous PrOVIsionS
a. ThiS Agreement shall be construed under and accord With the laws of the Slate of Texas, and .all
obligations of the parties created hereunder are performable In Lama r COUlily.
Texas.
EXHIBIT A
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b. This Agreement shall be binding upon and insure to the benefit of the parties hereto and heir
respective heirs, executors, administrators, legal representatives, successors and assigns where
permitted by this Agreement.
c. In any case one or more of the provisions contained in this Agreement shall for any reason be held
to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability
shall not affect any other provision thereof and this Agreement shall not be construe(( as if such
invalid, illegal, or unenforceable provision had never been contained herein.
d. If any action atlaw or in equity is necessary to enforce or interpret the terms of this Agreement, the
prevailing party shall be entitled to reasonable attorney's fees. costs. and necessary disbursements
in addition to any other relief to which such party may be entitled.
e. This Agreement may be amended by mutual agreement of the parties hereto and a writing to be
attached to an incorporated into this Agreement.
CITY OF Paris, Texas
FIRM patter~ ~n:eyng
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7. Terms and Conditions _ This Agreement is subject to the provisions titled, "Part IV Terms and
Conditions" and attached hereto and incorporated by' reference herein.
IN WITNESSETH HEREOF: the parties have hereunto set their hands and seals.
BY
(Mayor)
NOTE: T.his document has important legal consequences. Please consult with your legal counsel With respect
to its completion or modification.
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PART II
PROFESSIONAL ENGINEERING/ARCHITECTURAL SCOPE OF SERVICES
The Engineering Firm shall render the following professional services necessary for the development of the
project:
SCOPE OF SERVICES
1. Attend preliminary conferences with the Locality regarding the requirements of the proJect.
2. Determine necessity for any acquisition of any additional real property/easements/ROWs for the TCDP
prolect and, if applicable. furnish to the Locality:
. Name and address of property owners;
. Legal description of parcels to be acquired:
. Map showing entire tract with designation of part to be acqUired.
3. Make any necessary surveys of existing rights-of-way, topography. utilities. or other field data required
for proper design of the project. Provide consultation and advice as to the necessity of the Locality
providing or obtaining other services such as auger borings. core bOrings. SOil tests. or other subsurface
explorations; laboratory testing and inspecting of samples or materials: other special consultations. The
Engineer will review any tests required and act as the Locality's representative In connection with any
such services.
4. Prepare railroad/highway permits.
5. Prepare a preliminary engineering/architectural study and report on the project In sufficient detail to
indicate clearly the problems involved and the alternate solutions available to the Locality, to include
preliminary layouts. sketches and cost estimates for the prolect. 3nd to set forth clearly the Engineer's
recommendalions: to be completed within 1:!./-fL- days of contract execution.
6 Furnish the Localityl'l/1l copies of the preliminary report. If appllc3ble (additional copies Will be furnished
to the Locality at direct cost of reproduction):
7 Submit detailed drawings and plans/specifications to appropriate regulatory agencY(les) and obtain
clearance.
8. Prepare bid packeVcontract documents/advertisement for bids.
9. Make 10.day call to confirm prevailing wage deciSion Issued by TDHCA
10. Incorporate any and all wage rate modifications or supersedeas vl3 bid addendum (If applicable).
11 Conduct bid opening and prepare minutes.
12. Tabulate. analyze. and review bids for completeness and accur<Jcy
13. Accomplish construction Contractor eligibility verification.
14 Conduct pre-construction conference and prepare copy of reporVmlnu:es
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15. Issue Start of Construction Notice to TDHCA and Notice to Proceed to construction contractor.
16. provide in all proposed construction contracts deductive alternatives where feasible, so that should the
lowest responsive base bid for construction exceed the funds available. deductive alternatives can be
taken to reduce the bid price.
17. Design for access by persons with disabilities to facilities to be used by the public in accordance with
Public Law 504. .
18. Use forms for instructions to bidders, general conditions, contract, bid bond. performance bond, and
payment bond which have TDHCA approval.
19. Make periodic visits to the site to observe the progress and quality of the work, and to determine in
general if the work is proceeding in accordance with the Contract.
20. Consult with and advise the Locality during construction; issue 10 contractors all instructions requested
by the Locality; and prepare routine change orders if required, at no charge for engineering services to
the Locality when the. change order is required to correct errors or omissions by the Engineer; provide
price analysis for change orders; process and submit change orders to TDHCA for approval prior to
execution by Locality.
21. Review shop and working drawings furnished by contractors for compliance With design concept and
with information given in contract documents (contractors Will be responsible for dimensions to be
confirmed and correlated at job site).
22. Based on the Engineer's on-site observations and review of the contractor's applications for payment,
determine the amount owing to the contractor in such amounts; such approvals of payment to constitute
a representation to the Locality, based on such observations and review, that the work has progressed
to the point indicated and that the quality of work is in accordance With the plans, specifications and
contract documents.
23. ReqUire that a 10% retainage is Withheld from all payments on construction contracts until final
acceptance by the Locality and approval by TDHCA. unless State or local law provides othe/Wise.
24 Prepare Certificate of Construction Completion and Clean Lien Certificate.
25. Conduct Interlmlfinal inspections.
26. ReVise contract draWings to show the work as actually constructed. and furnish the Locality With a set of
"as bUlJt" ~Ians.
SUBCONTRACTS
1. No work under this Contract shall be subcontracted by Engineer Without prior approval, in writing, from
the Locality
2. The Engineer shall. prior to proceeding With the work. notify Locality In writing of the name of any
subcontractors proposed for the work. including the extent and character of the work to be done by
each
3. If any time during progress of the work, the Locality determines that any subcontractor IS incompetent or
undeSirable. the Locality will notify the Engineer who shall take reasonable and Immediate steps..to
satisfactorily cure the problem, substitute performance. or cancel such subcontract. Subletting by
subcontractors shall be subject to the same regulations. Nothing contained in thiS Contract shall create
any contractual relation between any subcontractor and Locality
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4. The Engineer will include in all contracts and subcontracts of amounts in excess of $100.000 a provision
which requires compliance with all applicable standards. orders or requirements issued under Section
306 of the Clean Air Act [42 U.S. 1857 (h)j, Section 508 of the Clean Water Act (33 U.S.C. 1368d),
Executive Order 11738, and Environmental Protection Agency regulations (40 CFR, Part 15), which
prohibit the .use under non-€xempt Federal contracts, grants or loans of facilities included on the EPA
List of Violating Facilities. The provisions shall require reporting of violations to TDHCA and to the U.S.
Environmental Protection Agency Assistant Administrator for Enforcement.
5. The Engineer will include in all contracts and subcontracts other than for small purchases (less than
$10,000), provisions or conditions which will allow for administrative. contractual or legal remedies in
instances which violate or breach contract terms, and provide for such sanctions and penalties as may
be appropriate.
6. The Engineer will include in all contracts and subcontracts in excess of$10,000 suitable provisions for
termination by the Locality including the manner by which II will be affected and the basis for settlement.
In addition, such contracts shall describe conditions under which the contract may be terminated for
default as well as conditions where the contract may be terminated because of circumstances beyond
the control of the Engineer.
7. The Engineer will include in all contracts and subcontracts in excess of $10,000 provisions requiring
compliance With the following:
. The Engineer will not discriminate against any employee or applicant for employment because of
race. creed. sex. color. national origin. physical or mental disability, marital status, parenthood. or
age.
. Executive Order 11246 - Equal Employment OpportUnity.
. Copeland Anti-Kickback Act.
. (in excess of $2.000) - Davis-Bacon Act
. (in excess of $2,000) - Section 103 and 107 of the Contract Work Hours and Safety Standards Act.
. a proviSion recognizing mandatory standards and policies relating to energy efficiency which are
contained In the State energy conservation plan Issued In compliance With the Energy Policy and
Conservation Act.
. Section 3 of the Housing and Urban Development Act of 1969.
. Tille VI of the Civil Rights Act of 1964
8. The Engineer Will Include In all negotiated contracts and subcontracts a proVISion which Indicates that
funds will not be awarded under this contract to any party which IS debarred. suspended, or otherwise
excluded from or ineligible for participation in federal assistance programs under Executive Order 12549
and 24 CFR Part 24 A certification shall be prOVided and received from each proposed subcontractor
under this contract and its principals.
9. The Engineer Will Include in all negotiated contracts and subcontracts a prOVIsion to the effect that the
Locality. TDHCA. the Comptroller General of the State of Texas. or any of their duly authorized
representatives. shall have access to any books. documents. papers and records of the Contractor
which are dlreclly pertinent to that specific contract. for the purpose of making audit, examination.
excerpts, and transcriptions.
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10. The Engineer will include in all contracts and subcontracts a requirement that the Contractor maintain all
relevant project records for three (3) years after the Locality has made final payment to the Contractor
and all other pending matters are closed.
STANDARD OF PERFORMANCE AND DEFICIENCIES
1. All services of the Engineer and its independent professional associates, consultants and subcontractors
will be performed in a professional, reasonable and prudent manner in accordance with generally
accepted professional practice. The Engineer represents that it has the required skills and capacity to
perform work and services to be provided under this Contract.
2. The Engineer represents that services provided under this Contract shall be performed within the limits
prescribed by the Locality in a manner consistent with that level of care and skill ordinarily exercised by
other professional consultants under similar circumstances.
3. Any deficiency in Engineer's work and services performed under this contract shall be subject to the
provisions of applicable state and federal law. Any deficiency discovered shall be corrected upon notice
from Locality and at the Engineer's expense if the deficiency is due to Engineer's negligence. The
Locality shall notify. the Engineer in writing of any such deficiency and provide an opportunity for mutual
investigation and resolution of the problem prior to pursuit of any judicial remedy. In any case, this
provision shall in no way limit the judicial remedies available to the Locality under applicable state or
federal law.
4. The Engineer agrees to and shall hold harmless the Locality, its officers. employees. and agents from all
claims and liability of whatsoever kind or character due to or arising solely out of the negligent acts or
omissions of the Engineer, its officers, agents, employees. subcontractors, and others acting for or
under the direction of the Engineer doing the work herein contracted for or by or in consequence of any
negligence in the performance of this Contract, or by or on account of any omission in the performance
of this Contract.
NOTE: This document has imporlantlegal consequences. Please consult with your legal counsel with respect
to its completion or modification.
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PARTID
PAYMENT SCHEDULE
PROFESSIONAL ENGINEERING/ARCHITECTURAL SERVICES
City/Council shall.rcimburse Pallerson Eneineering for basic engineering services provided upon
completion of the following project milestones per the following percentages of the maximum contract
amount:
Milestone Basic Subdividing Construction
Engineering Staking
.Approval ofPrelimimll)' Engineering
Plans and Specifications Localil).
Preliminary Platting. .0 20
.Approval of Plans and Specifications
by Regulatory Agency(ies). 70
.Completion of bid advertisement
and contract award. 15
.Completion of construction
staking 100
.Construction: Develop all change
orders for City Appronl 5
.Completion of Final Closeout
Assessment and submittal of
"As Builts" (0 Locality. 10
.Staking all propert)' comers. 60
.Final Platting. 20
TOlal 100% 100'% 100%
TOlal $29.000 $6.000 $36.000
SPECIAL SERVICES
Spccial Services shall be reimb,!rsed under the following hourly rate schedule:
(List all applicable services 10 include overhead charge).
Registered Su,,'e)'or
Su,,'e)' crew(3 members)
Project Engineer
Engineering Technician
Project Representative
Draftsman
$
$
$
$
$
$
70.00
100.00
85.25
37.26
61.88
31.00
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Re\'ised 23 NO\ 99
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The Wj for all other Special Services shall not exceed a total of N fA and No/l00 Dollars ($
A I. The payment for these Special Services shall be paid as a lump sum, per the following
schedule:
1. The Engineer shall be paid upon completion of surveying, necessary field data, and acquisiti.on data, if
applicable, the sum of N/A and No/l00 Dollars .
($ N/A l.
2. The Engineer shall be reimbursed the actual costs of necessary testing based on itemized billing
statements from the independent testing laboratory, plus a N fA oercent LI>!./JL.%) overhead
charge. All fees for testing shall not exceed a total of N / A and No/100
Dollars ($ N/A 1.
3. The payment requests shall be prepared by the Engineer and be accompanied by such supporting data
to substantiate the amounts requested.
4. Any work performed by the Engineer prior to the execution of this contract is at the Engineer's sole risk
and expense.
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PART IV
TERMS AND CONDITIONS
PROFESSIONAL MANAGEMENT, ENGINEERING AND/OR ARCHITECTURAL SERVICES
1. Termination of Contract for Cause. If, through any cause, the Firm shall fail to fulfill in a timely and
proper manner his/her obligations under this Contract. or if the Firm shall violate any of the covenants,
agreements, or stipulations of this Contract, the City/County shall thereupon have the right to terminate
this Contract by giving written notice to the Firm 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, surveys, drawings. maps, models. photographs and reports
prepared by the Firm under this Contract shall, at the option of the City/County, become its property
and the Firm shall be entitled to receive just and eouitable compensation for any work satisfactorily
completed hereunder.
Notwithstanding the above, the Firm shall not be relieved of liability to the City/County for damages
sustained by the City/County by virtue of any breach of the Contract by the Firm, and the City/County
may withhold any payments to the Firm for the purpose of set-off until such time as the exact amount of
damages due the City/County from the Firm is determinect
2. Termination for Convenience of the Cilv/Countv. The City/County may terminate this Contract at any
time by giving at least ten (10) days notice in writing to the Firm. If the Contract is terminated by the
City/County as provided herein, the Firm will be paid for the time provided and expenses incurred up to
the termination date. If this Contract is terminated due to the fault of the Firm. Paragraph 1 hereof
relative to termination shall apply.
3. Chanoes. The City/County may, from time to time, request changes in the scope of the services of the
Firm to be performed hereunder. Such changes, including any Increase or decrease in the amount bf
the Firm's compensation, which are mutually agreed upon by and between the City/County and the Firm,
shall be incorporated in written amendments to this Contract.
4. Personnel.
a. The Firm represents that he/she 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/County
b. All of the services required hereunder will be performed by the Firm or under his/her superviSion and
all personnel engaged in the work shall be fully qualified and shall be authOrized or permitted under
State and Local law to perform such services.
c. None of the work or services covered by thiS Contract shall be subcontracted without the prior
written approval of the City/County. Any work or services subcontracted hereunder shall be
specified by written contract or agreement and shall be sublect to each provision of this Contract.
5. Asslanabilitv The Firm shall not assign any interest on thiS Contract. and shall not transfer any interest
in the same (whether by assignment or novation), Without the prior written consent of the City/County
thereto: Provided, however. that claims for money by the Firm from the City/County under this Contract
may be assigned to a bank, trust company, or other financial institution without such approval. Written
notice of any such assignment or transfer shall be furnished promptly to the City/County.
6. Reoorts and Information. The Firm, at such times and In such forms as the City/County may reqUire.
shall furnish the City/County such periodic reports as It may request pertaining to the work or services
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undertaken pursuant to this Contract, the costs and obligations incurred or to be incurred in connection
therewith, and any other matters covered by this Contract
7. Records and Audits. The Firm shall insure that the City/County maintains fiscal records and supporting
documentation for all expenditures of funds made under this contract in a manner which conforms to
OMS Circular A-87, Section 570.490 of the Regulations, and this Contract Such records: must include
data on the racial, ethnic, and gender characteristics of persons who are applicants for, participants in,
or beneficiaries of the funds provided under this Contract. City/County shall retain such records, and
any supporting pocumentation, for the greater of three years. from closeout of the CO'1tract or the period
required by other applicable laws and regulations.
8. Findinas Confidential. All of the reports, information, data, etc., prepared or assembled by the Firm
under this contract are confidential and the Firm agrees that they shall not be made available to any
individual or organization without the prior written approval of the City/County.
9. Coovriaht. 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 Firm.
10. Comoliance with [ocal Laws. The Firm shall comply with all applicable laws, ordinances and codes of
the State and local govemments, and the Firm shall save the City/County harmless with respect to any
damages arising from any tort done in performing any of the work embraced by this Contract.
11. Eaual Emolovment Oooortunitv. During the performance of this Contract. the Firm agrees as follows:
a. The Firm will not discriminate against any employee or applicant for employment because of race,
creed, sex, color, handicap or national origin. The Firm will take affirmative action to ensure that
applicants are employed, and that employees are treated durin9 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 payor 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 provided 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 onglnal.
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.
d. The Firm will include the proviSions a. through c. in every subcontract or purchase order unless
exempted.
12. Civil Riohts 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 as"sistance.
13. Section 109 of the Housino and Community Develooment Act of 1974
a. No person in the United States shall on Ihe ground of race, color. nallonal ongln, or sex be excluded
from participation in, be denied the benefits of, or be subjected to discrimination under any program
or activity funded in whole or In part with funds made available under this title.
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14. "Section 3" Comoliance in the Provision of Trainino Emolovment and Business Oooortunities.
a. The work to be performed under this contract is on a project assisted under a program providing
direct Federal financial assistance from the Department of Housing and Urban Development and is
subject to the 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 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 thereunder prior to the execution
of this Contract The parties to this Contract certify and agree that they are under no contractual or
other disability which would prevent them from complying with these requirements.
c. The contractor will 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 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.
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 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 C.F.R. Part 135. The
contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter
has been fou~nd in violation of regulations under 24 C.F.R. Part 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.
e. Compliance with the provisions of Section 3, the regulations set forth in 24 C.F.R. Part 135, and all
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. Failure to fulfill these
requirements shall subject the applicant or recipient. Its contractors and subcontractors. its
successors and assigns to Ihose 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.
15. Section 503 Handicaooed (if $2 500 or Over) Affirmative Action for Handicaooed Workers.
a. The contractor 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 lor
employment is qualified. The contractor .agrees to take affirmalive 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.advertlsing. layoff or termination. rates of payor other
forms of compensation, and selection for training, Including apprentlceship.
b. The contractor agrees to comply With the rules. regulations. and relevant orders of the Secretary of
Labor Issued pursuant to the Act.
c. In the event of the contractor's non-compliance With the requirements of this clause, actions lor
non-compliance may be taken in accordance with the rules. regulalions, and relevant orders of the
Secretary of Labor issued pursuant to the Act.
Phc:~ /~. ,'=' 13
d. The contractor agrees to post in conspicuous places, available to employees and applicants for
employment, notices in a fonn to be prescribed by the Director, provided by or through the
contracting officer. Such notices shall state the contractor's obligation under the law to take
affinnative action to employ' and advance in employment qualified handicapped employees and
applicants for employment, and the rights of applicants and employees. . '
e. The contractor will notify each labor union or representative of workers with which it has a collective
bargaining agr.eement or other contract understanding, that the contractor is bound by the tenns of
Section 503 of Rehabilitation Act of 1973, and is committed to take affinnative action to employ and
advance in employment physically and mentally handicapped individuals.
f. The contractor 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 non-compliance.
16. Interest of Members'of a Cilv/Counlv. No member of .the governing body of the City/County and no
other officer, employee. or agent of the City/County. 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 Firm shall take appropriate steps to assure compliance.
17. 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
ihis Contract; and the Firm shall take appropriate steps to assure compliance.
18. Interest of Firm and Emolovees. The Finn covenants that he/she presently has no interest and shall not
acquire interest, director 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/her services hereunder. The Firm
further covenants that in the perfonnance of this Contract, no person having any such interest shall be
employed.
PAu,; I:: :;1= 13
PART V
SUPPLEMENTAL TERMS AND CONDITIONS
19. Owner Furnished Data.
a.. Copy of the deed(s) to the subdivision tract.
b. Utility maps with elevation if possible.
c. R-O-W maps of 47th Street and US Hwy. 82.
d. Names of adjoining property owners.
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