24-AGREEMENT FOR PROFESSIONAL SERVICES WITH HAYTER ENGINEERING, INC. MAIN STREET SIDEWALK GRANTSubmittal Date:
02/04/ 11
Council Date:
(l?/14/11
CITY COUNCIL AGENDA ITEM BRIEFING SHEET
Originating Department: Presented By: Agenda Item No.:
Engineering, Planning & Shawn Napier, P.E.
Development 24'
RECOMMENDED MOTION:
Move to approve a resolution approving an agreement for professional services between the City of
Paris and Hayter Engineering, Inc. for engineering services related to the Texas Capital Fund Main
Street Sidewalk Grant; authorizing the City Manager to negotiate and execute all necessary documents.
POLICY ISSUE(S):
Professional Services
BACKGROUND:
The City of Paris has received a contract award from the Texas Department of Agriculture under the
Main Street Program for Sidewalk and lighting improvements in the amount of $150,000. Sidewalks
along Clarksville Street will be replaced from the plaza to Church Street with an exception of the
parking lot on the north side of Clarksville St at Church Street.
The City advertised in the December 19t" and 26th Paris News for interested parties to submit proposals
to provide Management Services and Engineering services for the project. We received three proposals
for engineering services. Hayter Engineering was selected to be the best company to perform the
engineering for the project.
The proposed estimate for the engineering work is $32,250 with the following breakdown: $18,000 for
design plans and specifications, $12,000 for Construction services and $2,250 for bid and award.
The overall cost of the project is estimated at $195,000 for construction, engineering and administration.
The administration portion will be $15,000 and the construction amount is estimated to be $147,750.
The remaining $45,000 was budgeted in the current budget.
BOARD/ COMMISSION RECOMMENDATION:
EXHIBITS:
Resolution
BUDGET INFO:
ACTION:
❑ Financial Report ❑ Minute Order
Expense
$32,250
❑ Department Report Z Resolution
Budgeted Amt.
$200,000 ($t so,000 grant, $45,000 budgeted)
F] Presentation ❑ Ordinance
y'rD Actual
$0.00
~ Public Hearing ❑ Other
Acct. Name
Acct. Number
FISCAL NOTES:
REVIEWED AND APPROVED BY:
Z Administration Z City Clerk Z Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court Z Legal ❑ Library ❑ Police Z Eng./Public Works ❑ Utilities
ttevisea Livwvo
City of Paris r 178
DRAFT
S:\RESWORK\CURRENT\TCF-TDA Main St Sidewalk Prog - Hayter Contract RES 2011.docx
RESOLUTION N0.
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 I1V THE CITY OF PARIS AND
AUTHORIZING THE EXECUTION OF AN ENGINEERING 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.
- 1 179
Section 4. That this resolution shall be effective from and after its date of
passage.
PASSED AND APPROVED this 14th day of February, 2011.
Will Biard, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
180
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 grant to improve sidewalks on Clarksville Street.
WITNESSETH:
For the mutual promises and benefits herein described, the parties agree as follows:
1. 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 herein
have been performed, or until terminated as provided herein.
2. Services to be Performed by 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.
3. Compensation of ENGINEER: Owner shall pay ENGINEER as follows:
(a) Design Plans and Specifications $18,000; Construction Basic 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 shall 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 payment for
services rendered through receipt of termination notice.
1
ExHIBIT~►.. . 181
(e) "Reimbursable expenses" include, but are 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 sha1L• (i) designate a specific person as CITY's
representative; (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
ENGINEER' S wark; (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. Termination: The obligation to provide further services under this AGREEMENT may be
terminated 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 project 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
either by personal delivery, in writing, or by registered or certified mail.
8. Sole Parties and Entire AGREEMENT: This AGREEMENT shall not create any rights or
benefits 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 accordance 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. Other Provisions: The parties hereto further agree as follows:
(a) Indemnification. ENGINEER shall release, indemnify and hold CITY and its
officers, agents and employees harmless from and against all damages, injuries
2
182
(including death), claims, property damages (including loss ofuse), 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 labar 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 agees 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 shall govern.
3
183
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.
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.
11. Amendments 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 such in duplicate copies, each of which shall have full dignity and force as an original, on
the day of , 2011.
ENGINEER HAYTER ENGINEERING, INC. CITY: CITY OF PARIS
By:
By:
ATTEST:
(Corporate Seal)
ATTEST:
(Seal)
184
EXHIBIT A
BASIC SERVICES OF ENGINEER
2.1 General
The Project contemplated herein will consist of sidewalk improvements as outlined in
CITY'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.
22 Preliminarv Design Phase
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 obtaining 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 of 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 approval 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 conditions, 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.
5
-1- 1O5
2.4 BiddinQ
2.4.1 Assist CITY in advertising for bids for a s~ 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 Construction 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
provided in said construction contract.
2.5.2 In connection 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 wark. 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,
an 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
and 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 ar
procedures of construction selected by CONTRACTOR or for safety precautions and
programs 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
perform their work in accordance with the contract documents.
6
11 186
2.5.3 Interpretations 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 Shop Drawings & Substitutes
ENGINEER 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
proj ect 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 certificates of inspections, testing
and approvals required by laws, regulations, codes, orders or the contract documents, to
determine 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 shal] not be liable for the results of any such
interpretations or decisions rendered in good faith.
2.5.7 Applications 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
work has progressed to the point indicated, and that, to the best of ENGINEER'S
knowledge, information and belief, the quality of such work is generally in accordance
with the contract documents. However, ENGINEER will not thereby be deemed to have
made exhaustive, continuous or detailed reviews or examinations to check the quality or
quantity of CONTRACTOR'S work as it is furnished, beyond the responsibilities
specifically assigned to ENGINEER in this Agreement and the contract documents.
7
18'7
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
CONTRACTOR that might affect the amount that should be paid.
2.5.8 Inspections
ENGINEER shall conduct an inspection to determine if the wark 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
recommendation is subject to the limitations expressed earlier herein.
2.59 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, ar any other persons (except ENGINEER'S own employees and
agents) at the site or otherwise furnishing or performing any of the CONTRACTOR'S
work; however, nothing contained in this section shall release ENGINEER from liability
for 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 at lump sum amounts. Any other "additional services" which may be added at OWNER' S
request 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
print 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.
Further, 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 $2,250.
2.6.2 TAS Review - ENGINEER will obtain review and compliance of the design with Texas
Accessibility Standards. The lump sum fee for this service is $2,000.
8
188
2.6.3 Design Field Surveys - ENGINEER will provide field surveying necessary to design the
project, including planimetric locations, elevations, and similar topographic information,
but not including boundary type surveys. The lump sum fee for this service is $3,000.
2.6.4 Materials Testing - ENGINEER will arrange and pay for construction materials of the
project site, for testing as required. The lump sum fee is $750.
2.6.5 Limitation - ENGINEER shall not exceed budgeted amounts for engineering services as
identified 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.
9
189
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 Party
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'/ hour.
10
190
EXHIBIT C
Equal Employment Op ortunitv
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 far 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 origin.
C. The Firm will cause the faregoing 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 Rights 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 Communitv Development Act of 1974
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 anyprogram
ar activity funded in whole or in part with funds made available under this title.
"Section 3" Compliance in the Provision of Training, Employment and Business Opportunities
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
11
191
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 priar 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 ar 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.
Section 503 Handicapned (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 contractar 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,
12
192
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 may be taken in accordance with the rules, regulations, and relevant
orders of the Secretary of Labor issued pursuant to the Act.
D. 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 the Rehabilitation Act of 1973, and is committed to take
affirmative 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.
Interest of Members of a City/County
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.
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.
13
193
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.
14
194
EXHIBIT D
PROJECT MAPPING/DESIGN INFORMATION AND COPYRIGHT
The ENGINEER shall provide a copy of the final project record drawings prepared from
information 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 statement of when the map was authorized, that the
digital map is a true representation of the original sealed document, 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.
15
195