08-Research Management Co. to provide services for Block GrantCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
09/09/09
Originating Department:
Engineering, Planning &
Presented By:
Shawn Napier, P.E.
A,genda Item No.:
Council Date:
09/ 14/09
Development
g.
RECOMMENDED MOTION:
Move to approve a resolution approving an agreement for professional services between the City of
Paris and Resource Management and Consulting Co. for administrative services related to the Texas
Community Development Block Grant for sewer line replacements in SW Paris and authorizing the City
Manager to negotiate and execute all necessary documents.
POLICY ISSUE(S):
Professional Services
BACKGROUND:
The City of Paris has received a Texas Community Development Block Grant for the replacement of
sewer lines and manholes in Southwest Paris (see Attached Map). The total grant amount is $250,000
with a match of $50,000, for a project total of $300,000.00. Engineering and administrative fees are
included as part of the grant funds.
BOARD/COMMISSION RECOMMENDATION:
EXHIBITS:
Resolution, project map
ACTION:
BUDGET INFO:
❑ Financial Report ❑ Minute Order
Expense
$ 20,000.00
❑ Department Report Z Resolution
Budgeted Amt.
$
❑ Presentation ❑ Ordinance
❑ P
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❑ O
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$
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Acct. Name
Acct. Number
FISCAL NOTES:
REVIEWED AND APPROVED BY:
Z Administration Z City Clerk 0 Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Coutt Z Legal ❑ Library ❑ Police 2 Eng./Public Works ❑ Utilities
City of Paris Revised 2/04/08
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DRAFT
attorney\reswork\current\ORCA TCD Blk Grant for Sewer [mpr - Mgmt Services Agrmt Res 2009
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
APPROVING AND AUTHORIZING THE EXECUTION OF A PROFESSIONAL
MANAGEMENT SERVICES AGREEMENT WITH RESOURCE MANAGEMENT
AND COIVSULTIIVG COMPANY TO IMPLEMENT A COIVTRACT
ADMIIVISTRATION SYSTEM UNDER THE GEIVERAL DIRECTION OF THE
OFFICE OF RURAL COMMUNITY AFFAIRS, TEXAS COMMUNITY
DEVELOPMENT BLOCK GRAIVT PROGRAM FOR SEWER IMPROVEMENTS;
MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Paris is a participant in the Texas Community Development
Block Grant Program and is a recipient of grant funds for sewer improvements in SW Paris
along portions of Washington Street, 13th Street SW, 6th Street SW and cross country; and,
WHEREAS, the City of Paris is in need of contract administration services under the
aforesaid TCD Block Grant Program; and,
WHEREAS, the City of Paris has received a proposal for such services from Resource
Management & Consulting Company in the form attached hereto as Exhibit A; and,
WHEREAS, it is deemed to be in the best interest of the City of Paris that the City
enter into a professional services agreement with Resource Management Consulting
Company;
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 Resource Management and Consulting Company
to implement a contract administration system under the general direction of the Office of
Rural Community Affairs, Texas Community Development Block Grant Program for sewer
improvements in SW Paris along portions of Washington Street, 13th Street SW, 6th Street
SW and cross country, as set forth in Exhibit A attached hereto, be and the same is hereby
accepted; and,
Section 3. That the City Manager be, and he is hereby authorized and directed to
execute on behalf of the City of Paris a Professional Management Services Agreement with
Resource Management & Consulting Company substantially in accordance with the form
attached hereto as Exhibit A, and any and all other necessary documents to effectuate this
Agreement.
Section 4. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 14th day of September, 2009.
Jesse James Freelen, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
28
PROFESSIONAL MANAGEMENT SERVICES
PARTI - AGREEMENT
THIS AGREEMENT, entered into this 14th day of September, 2009 by and between the CITY OF
PARIS, hereinafter called the "City", and Resource Management & Consulting Co., 200 North Collegiate,
Paris, Texas 75460, hereinafter called "Firm".
WITNESSETH THAT:
WHEREAS, the City of Paris desires to implement a contract administration system under the
general direction of the Texas Community Development program; and,
Whereas the City desires to engage Resource Management & Consulting Co. to render certain
services in connection with its 2009 Texas Community Development Block Grant Contract.
NOW THEREFORE, the parties do mutually agree as follows:
Part II, Scope of Services and Part III Terms and Conditions are hereby incorporated by reference
into this Agreement.
Time of Performance - The services of Resource Management & Consulting Co. shall commence on
the day this Agreement is executed. In any event, all of the services required and performed
hereunder shall be completed at the close of the City's TXCDBG Contract.
3. Access to Information - It is agreed that all information, data reports and records and maps as are
existing, available and necessary for the carrying out of the work outlined above shall be furnished to
Resource Management & Consulting Co. by the City and its agencies. No charge will be made to
Resource Management & Consulting Co. for such information and the City and its agencies will
cooperate with Firm for such information and every way possible to facilitate the performance of the
work described in the contract.
4. Compensation and Method of Payment - Compensation and reimbursement to be paid hereunder
shall be in an amount not to exceed administration budget. Payment to Resource Management &
Consulting Co. shall be based on satisfactory performance of identified activities in Part II - Scope of
Services. City shall pay Firm for additional services requested by the City beyond the scope of
services outlined in this contract, at hourly rates upon request, for services rendered by principals
and employees assigned to perform such services.
Independent Contractor Firm covenants and agrees that Firm is an independent contractor and not
an officer, agent, servant or employee of City; that Firm 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 Firm; that the doctrine of respondeat superior shall not apply as between City
and Firm, its officers, agents, employees, contractors, subcontractors and Firm, and nothing herein
shall be construed as creating a partnership or joint enterprise between City and Firm.
6. Insurance Reauirements Firm agrees to meet all insurance requirements set out below, and to
require all subcontractors and/or subconsultants who perform work on this Project to meet these
insurance requirements as well:
Firm shall maintain insurance for this Project in accordance with the following required coverages
and limits, and shall furnish a copy of said policies or properly executed Accord Certificates to the
City upon execution of this Agreement and throughout the contract term. The City of Paris, its
elected officials, officers and employees shall be included and covered as Additional Insured's on
all policies listed below except the Professional Liability and Workers Compensation policies. All
insurance policies shall be issued by properly funded and capitalized insurance companies
authorized and licensed to write insurance policies in the State of Texas:
EXHIBIT g
Generai Commercial Liability $500,000 per occurrence/$ 1, 000, 000 aggregate
Professional Liability $1,000,000 per claim and in the aggregate
Workers Compensation State required minimum limits
Indemnification Firm hereby agrees to release, defend, indemnify and hold the City and its elected
officials, officers, agents and employees harmless 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 Firm pursuant to this Agreement, but only to the extent
caused by the negligent act or omission or intentional wrongful act or omission of Firm, its officers,
agents, employees, subcontractors, subconsultants, licensees, invitees or any other third parties for
whom Firm is legally responsible (hereinafter "Claims"). Firm is expressly required to defend City
against all such claims and/or lawsuits.
8. Miscellaneous Provisions
a. This agreement shall be construed under and accord with the laws of the State of Texas, and all
obligations of the parties created hereunder are performable in Lamar County, Texas and the parties
agree that exclusive venue for any claims or suits related to this Agreement shall lie in Lamar
County, Texas.
b. This Agreement shall be binding upon and insure to the benefit of parties hereto and their
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 construed as if such
invalid, illegal, or unenforceable provision had never been contained herein.
d. If any action at law 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 and incorporated into this Agreement.
f. If any conflict arises between the terms of this Agreement and any Parts/Exhibits attached hereto,
the terms of this Agreement shall control.
7. Terms and Conditions - This Agreement is subject to the provisions titled, "Part III Terms and
Conditions" and attached hereto and incorporated by reference herein.
IN WITNESSETH HEREOF, the parties have hereunto set their hand and seals on this day of
, 2009.
CITY OF PARIS
RESOURCE MANAGEMENT & CONSULTING
CO.
BY:
Kevin Carruth, City Manager
Attest:
Witness
BY:
Attest:
Witness
Charles Edwards, Owner
. - . 3 0
PART II
SCOPE OF SERVICES
Resource Management & Consulting Co. (RMCC) shall provide the following scope of services:
A. Proiect Administration/Contract Manaqement
1. Provide general advice and technical assistance to the City and its staff on
implementation of project and regulatory matters.
2. Furnish necessary forms and procedures for implementation of the project.
3. Assist in the procurement of professional consulting engineering services through the
request for proposal process, if applicable, and as required by the TXCDBGP regulations.
4. Develop and assist the City with a recordkeeping system consistent with program
guidelines, including establishment and maintenance of program files.
5. Serve as liaison for the City during any monitoring visits by staff representatives from the
Department (ORCA), Texas Department of Housing and Community Affairs (TDHCA),
Texas Department of Economic Development or the U.S. Department of Housing and
Urban Development (HUD).
6. Assist the City in meeting all special condition requirements that may be stipulated in the
contract befinreen the City and Department.
7. Prepare and submit to Department quarterly reports. (Progress and minority hiring)
8. Prepare and submit to Department documentation necessary for amending the
TXCDBGP contract.
9. Conduct re-assessment of environmental clearance for any program amendments.
10. Prepare Recipient Disclosure Report form for City signature and submittal.
11. Establish procedures to document expenditures associated with local administration of
the project.
12. Provide guidance and assistance to City regarding acquisition of property:
• Submit required reports concerning acquisition activities to Department.
• Establish a separate acquisition file for each parcel of real property acquired.
• Determine necessary method(s) for acquiring real property.
• Prepare correspondence to the property owners for the City's signature to
acquire the property or to secure an easement.
• Assist the City in negotiation with property owner(s).
13. Maintain TXCDBGP Property Management register for any property/equipment
purchased or leased.
14. Assist in the administration of the funded grant project in accordance with all TxCDBGP
requirement, including but not limited to the following:
• Housing rehab or utility services replacement activity management.
• Preparation of program forms, recipient applications, recipient requirements and
application priority rating.
• Work write-up, general construction specifications and inspections.
• Forgivable loan processing and tracking, bidding and project closeout.
B. Financial Manaaement
1. Assist the City in proving its ability to manage the grant funds to the state's audit division
and assist in the establishment of a satisfactory accounting system.
2. Assist the City in establishing and maintaining a bank account (Direct Deposit account)
and/or separate local bank account, journals, and ledgers and a policy to retain all files
for a period of not less than three (3) years from closeout.
3. Assist the City in submitting the required Accounting System Certification letter, Direct
Deposit Authorization Form (if applicable), and/or the Depository/Authorized Signatory
form to Department.
4. Assist the City in submitting and updating all necessary financial forms.
5. Preparation of drawdown requests on behalf of the City in order to ensure orderly, timely
payments to all contracting parties within the allotted time period.
6. Assist the City to establish procedures to handle the use of any TXCDBGP program
income as necessary.
7. Review invoices received for payment and file back-up documentation.
8. Provide general advice and technical assistance to City personnel on implementation of
project and regulatory matter.
C. Environmental Clearance Procedures
1. Assist the City in meeting all environmental clearance procedures required by
Department, including the preparation of a preliminary environmental assessment and
consideration of any historic and flood plain concerns.
2. Coordinate environmental clearance procedures with other federal or state agencies and
interested parties responsible for implementing applicable laws.
3. Document consideration of any public comments.
4. Prepare Request for Release of Funds and certifications to be sent to Department.
5. Assist the City with advertisement, public comments.
6. Assist in maintaining environmental review file.
7. Ensure compliance with EO 11988 for projects in the flood plains.
D. Acquisition (not anticipated)
1. Prepare required acquisition report(s).
2. Assist the City in obtaining documentation of ownership for City-owned property and/or
ROWs.
3. Maintain a separate file for each parcel of real property acquired.
4. Determine necessary method(s) for acquiring real property.
5. Prepare correspondence with property owners.
6. Assist the City in negotiations with property owner(s).
7. Prepare required acquisition final reports and submit to Department.
E. Labor Standards and Construction Manaaement
1. Establish procedures to document expenditures associated with local construction of the
project (if force account is applicable).
• Assist the City in determining whether or not it will be necessary to hire
temporary employees to specifically carry out TxCDBGP contract activities.
• Assist the City in determining whether and/or what contract activities will be
carried out in whole or in part via force account labor.
• Assist the City in maintaining adequate documentation of personnel, equipment
and materials expended/used and their costs.
2. Assist the City in documenting compliance with all federal and state requirements related
to equal employment opportunity.
3. Assist the City in documenting compliance with all federal and state requirements related
to minimum wage and overtime pay requirements.
4. Provide assistance to or act as local labor standards officer.
5. Request wage rates from Department.
6. Assist the City with the advertisement for bids.
7. Make ten-day call to Department.
8. Verify construction contractor eligibility with Department.
9. Submit Notice of Start of Construction Form to Department.
10. Conduct pre-construction conference and prepare minutes.
11. Review weekly payrolls and conduct compliance follow-ups.
12. Conduct employee interviews.
13. Process and submit change orders to Department prior to execution.
14. Maintain Monthly Employment Utilization reports.
15. Obtain Certificate of Construction Completion/Final Wage Compliance Report and submit
to Department.
16. Provide sample TxCDBGP contract documents to engineer.
17. Review construction contract.
18. Submit any reports of additional classification and rates to Department.
19. Provide general advice and technical assistance to City personnel on implementation of
project and regulatory matters.
~.i
F. Equal Opportunitv / Fair Housinq
1. Assist the City in developing, implementing and documenting new activities to
affirmatively further fair housing activities.
2. Maintain documentation of all project beneficiaries by ethnicity and gender.
3. Ensure compliance with Section 3 and Affirmative Action Plan.
4. Assist the City with Section 504 Self-Evaluation Review Form.
5. Assist the City with newspaper advertisement - Notice on Section 504 Compliance
Requirements.
6. Maintain correspondence concerning Contractor Equal Opportunity compliance.
7. Assist the City with Excessive Force Policy.
G. Relocation (not anticipated)
1. Assist the City in designing local relocation guidelines.
2. Assist the City in identifying individuals to be relocated and prepare appropriate notices.
3. Interview relocatees and identify assistance needs.
4. Maintain a relocation record for each individual/family.
5. Provide education/assistance to relocatees.
6. Inventory local available housing resources and maintain a referral list.
7. Issue appropriate notices to relocates.
8. Ensure that all payments are made in a timely manner.
H. Economic Develoament Functions (Applicable to Texas Capital Fund Projects only)
1. Monitor status of leveraged funds.
2. Oversee execution of local loan contracts
3. Monitor employment creation and job goals.
4. Assist in preparing hiring plan.
5. Assist in developing loan reuse plan.
6. Monitor project compliance with Department requirements as specified in grant
agreement.
I. Rehabilitation of Private Propertv (Applicable to Housing Rehabilitation Projects only)
1. Prepare and submit local rehabilitation guidelines to Department for approval.
2. Assist the City in establishing escrow account and obtaining Department approval.
„ , - 3 4
3. Develop outreach and necessary application processing/verification forms.
4. Screen applicants.
5. Prepare work write-ups and cost estimates.
6. Issue Notice to Proceed to construction contractor(s).
7. Conduct interim/final inspections, process final contract documents, and maintain a
record of beneficiaries.
8. Maintain client files following Department requirements.
J. Audit/Close-out Procedures
1. Prepare the final Project Completion Report, including Minority Business Report, Monthly
Employment Utilization Report, Recipient Disclosure/Update Report, documentation of
fair housing activities and Certificate of Completion.
2. Attend and prepare necessary documentation for state monitoring visit.
3. Assist the City in responding to any monitoring findings.
4. Assist the City in resolving any third party claims.
5. Provide auditor with TXCDBGP audit guidelines.
THE ABOVE SCOPE OF WORK IS INTENDED TO IDENTIFY THE MAJOR ELEMENTS ASSOCIATED
WITH THE MANAGEMENT AND IMPLEMENTATION OF PUBLIC WORK PROJECTS UTILIZING
TEXAS COMMUNITY DEVELOPMENT PROGRAM FUNDS. IT IS OUR INTENTION AND PRACTICE
TO PROVIDE OUR CLIENTS WITH ALL NECESSARY AND REQUIRED ASSISTANCE TO
SUCCESSFULLY COMPLETE THE PROGRAM MANAGEMENT ASPECT OF THEIR PROJECT.
- - 3, 5
PART III
TERMS AND CONDITIONS
PROFESSIONAL MANAGEMENT, ENGINEERING AND/OR ARCHITECTURAL SERVICES
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 equitable compensation for any work satisfactorily completed hereunder.
Nofinrithstanding 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 determined.
2. Termination for Convenience of the Citv/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. Chanqes. 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 of 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 subject to each provision
of this Contract.
Assi nq ability. 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. Reports 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 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.
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 OMB 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 documentation, for the greater of three
years from closeout of the Contract or the period required by other applicable laws and
regulations.
8. Findings 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. Copvriqht. 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. Compliance with Local Laws. The Firm shall comply with all applicable laws, ordinances and
codes of the State and local governments, 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. Equal Employment Opportunitv. 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
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 provided by the City/County
setting forth the provisions of this non-d iscri m i nation 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 original.
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 Riqhts 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.
13. Section 109 of the Housinq and Communitv Development Act of 1974.
a. No person in the United States shall on the ground 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 activity funded in whole or in part with funds made
available under this title.
14. "Section 3" Compliance in the Provision of Traininq, Employment and Business Opqortunities.
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. 1701 u. 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
person 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 found 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 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.
15. Section 503 Handicapped (if $2,500 or Over) Affirmative Action for Handicapped 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 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, advertising, layoff or termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship.
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 for non-compliance with the requirements of this clause, actions for non-
~ _ ~ ~ 3u
compliance may be taken in accordance with the rules, regulations, and relevant orders
of the Secretary of labor issued pursuant to the Act.
The contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices in a form 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 affirmative 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 agreement or other contract understanding, that the contractor is
bound by the terms of Section 503 of Rehabilitation Act of 1973, and is committed to take
affirmative action to employ and advance in employment physically and mentally
handicapped individuals.
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 City/Countv. No member of the governing body of the City/County and
not 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 this Contract; and the Firm shall take appropriate steps to assure compliance.
18. Interest of Firm and Emplovees. The Firm covenants that he/she 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/her services
hereunder. The Firm further covenants that, in the performance of this Contract, no person having
any such interest shall be employed.
~ ~ ~ 3 _2
PROJECT SUMMARY
Paris is addre5sing sewer main and manhoie repiacement in south Paris. The sewer mains an Washing#on st., 6th
SW and the 15" interceptor are old, clay tile sewers, which have developed cracks, crushed sections, slipped joints
and other defects over ihe past 73 years. The manholes are brick and mortar, which also havQ developed cracks
and other openings. During heavy rains, the wastewater back5 up out af the Washsngton Street main, diseharging
raw sewage into the ditches. This is a pubiic health hazard ta area residents.
Consiructivn propased in this application consists of approximately 4200 linear feet of 8", 10" & 15" sewer main, 7
manhole5, boring and encasement, and all necessary appurtenances.
City of Paris
Page 6 of 19
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