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05-G Owner Occ - RIM ContractDRAFT F:XAttorney\LisaXResolutions\CURRENT\Owner Occupied RIM Contr Res.wpd August 6, 2003 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF A CONTRACT WITH R.I.M. ENTERPRISES, INC. FOR CONSTRUCTION SERVICES IN CONNECTION WITH THE CITY'S OWNER OCCUPIED REHABILITATION PROGRAM UNDER THE TEXAS HOME INVESTMENT PARTNERSHIP PROGRAM GRANT; 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 6th day of March, 2003, in Resolution No. 2003-053, authorize an application to be made to the Texas Department of Housing and Community Affairs under the Texas HOME Investment Partnership Program for the Owner Occupied Assistance Fund Grant; and, WHEREAS, upon approval, the City of Paris will be in need of construction services under the Owner Occupied Rehabilitation Program funded in said grant; and, WHEREAS, Robert Jones, President of R.I.M. Enterprises, Inc., has made a Response to Request for Proposal for construction management services for the Owner Occupied Rehabilitation Program in the amount of $15,000.00, and it is deemed appropriate that such proposal be accepted; and, WHEREAS, the form of the Contract for Construction Services, attached hereto as Exhibit A, should, in all things, be approved, and the City Manager should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, 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 Response to Request for Proposal for Owner Occupied Rehabilitation Program Management Services, submitted by R.I.M. Enterprises, Inc., for construction services, in the amount of $15,000.00, under the Texas Home Investment Partnership Program, to be funded by the Owner Occupied Assistance Fund Grant, be, and the same is hereby, accepted. Section 3. That the form of the Contract for Construction Services, attached hereto as Exhibit A, be, and the same is hereby, approved. Section 4. That the City Manager be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, the Contract for Construction Services with R.I.M. Enterprises, Inc., 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 1 lth day of August, 2003. Curtis Fendley, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney CONTRACT FOR CONSTRUCTION SERVICES PART I - AGREEMENT THIS AGREEMENT, made and entered into this 1 lth day of August, 2003, by and between the CITY OF PARIS, State of Texas (hereinafter called the "CITY"), acting herein by City Manager, Michael E. Malone, hereunto duly authorized, and R.I.M. ENTERPRISES, INC. (hereinafter called the "Consultant") acting herein by Robert L. Jones, Jr. WITNESSETH THAT: WHEREAS, the City of Paris desires to implement a project under the general direction of the Texas Community Development Program, and; WHEREAS, the City desires to utilize the services of R.I.M. Enterprises, Inc. to render certain construction management services in connection with the City's Owner Occupied Rehabilitation Project funded by the Office of Rural Community Affairs; NOW, THEREFORE, the parties do mutually agree as follows: 1. Scope of Services See Part II 2. Time of Performance The services ofR. I.M. Enterprises will commence on June 3, 2003. In any event, all the services required and performance hereunder shall be completed no later than the contract completion date. 3. Access to Information It is agreed that all information, data, reports and records necessary to carry out the work described above shall be furnished to KLM. Enterprises by the City and its agencies. No charges will be made to RiM. for such information and the City will cooperate with RiM. Enterprises in every way possible to facilitate the performance of the work described in the contract. EXHIBITA, 4. Compensation and Method of Payment The maximum compensation and reimbursement to be paid for the services listed above shall not exceed Fifteen Thousand (or $1,500 per unit) Dollars. Payment to Consultant shall be based upon satisfactory completion of identified services listed under Scope of Services. Payment shall be made in response to invoices submitted by the Consultant to the City. A detailed estimate of costs is enclosed as Part III of this agreement. 5. Indemnification RiM Enterprises, Inc. shall 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, workman's compensation, and income tax laws. 6. 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 Paris, Lamar County, Texas. b. This agreement shall be binding upon and ensure to the benefit of the parties hereto and to 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 the 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 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 mended by mutual agreement of the parties hereto and a writing to be attached to and incorporated into this Agreement. 7. Terms and Conditions This Agreement is subject to the provisions titled "Terms and Conditions" and attached hereto and incorporated by reference herein. IN WITNESS HEREOF, the parties have hereunto set their hands and seals. CITY OF PARIS R.I.M. ENTERPRISES, INC. Michael E. Malone, City Manager Robert L. Jones, Jr., President PART H DETAILED ADMINISTRATIVE SUMMARY 1. Pre-v. rant A~,reement Activities a. review TCDP contract for conformance with application b. present contract requirements to council c. execute all special conditions of contract 2. Financial Management a. establish internal controls b. establish cost accountability standards c. develop a chart of accounts d. develop journals and ledgers e. organize and maintain financial files f. financial reporting g. account for and document all other project expenditures h. maintain bank accounts and records i. prepare budget revisions as necessary j. oversee audit and close-out process 3. Project Management a. supervise procurement process b. attend and ensure compliance at bid openings c. monitor affirmative action programs d. contract execution and compliance e. enforce wage rate compliance f. verifi] contractor eligibility g. conduct pre-construcion conferences h. project monitoring and periodic reporting 4. Eaual Ooportunity a. Section 3 Plan and Compliance b. Affirmative A~tion complianc~ monitoring and enforceraent c. Equal Opportunity/Housing monitoring d. Complaint procedures and follow-up 5. Environmental Review a. Prepare Environmental Review Record b. Prepare Finding of No Significant Impact c. Request Release of Funds d. Texas Historical Commission clearance e. Other Environmental compliance requirements 6. Real Property Aequi~ition ( if applicable) a. Determine Properties to be acquired b. Prepare Preliminary Acquisition Notices c. Obtain Appraisal Services on behalf of locality d. Issue Written Offers of Purchase e. Completion of Acquisition Process 7. Relocation ( if applicable) a. Determine Persons to be relocated b. Develop Relocation Procedures c. Provide Information and Counseling d. Identify Replacement Housing Needs e. Complete Relocation Processing and Forms 8. Other Administrative Functions a. Liaison with State and Federal representatives b. Assist in monitoring visits and follow-ups c. Prepare required reports and compliance reports d. Attend and supervise citizen participation meetings e. Maintain Status Reports 9. Economic Development Function ( Applicable to Texas Capital Fund Projects ) a. Monitor status of leveraged funds b. Oversee execution of local loan contracts c. Monitor employment creation and job goals d. Assist in preparing hiring plan e. Assist in developing loan reuse plan f. Monitor project compliance with ORCA requirements as specified in the locality's grant agreement 10. HomebuyerInformatinn ( Applicable to Housing Infrastructure Fund Projects) a. Provide Forms for Buyer information b. Screen for L/M compliance c. Seek Homebuyer Assistance for income eligible families. PART III PROJECT COST ESTIMATES R..I.M. Enterprises proposes to provide all required services and activities necessary to implement the City of Paris ORCA/OOC project from applicant screening to construction completion for a total cost of $1,500 per unit (10 units= $15,000)_ RIM Enterprises will assume full responsibility for the construction management of the project on behalf of the City of Pads in full compliance with the grant agreement between the City of Pads and the Office of Rural and Community Affairs. The following is a cost estimate by line for the services to be provided: 1) Screening of Applicants $2,000. 2) Initial Inspection/Eligibility $1,000. 3) Work Write-Up/Cost Estimate $2,000. 4) Contractor Selection Process $2,000 5) Compliance with LBPPAfI~C $2,000 6) Housing Board Meetings $2,000. 7) Maintain File Folders $1,000. 8) Interim andFinal Inspections $1,000. 9) Contractor Payments $1,000. 10) Waranty/Repayment Documents $1,000. TOTAL COST $15,000 PART IV TERMS AND CONDITIONS PROFESSIONAL MANAGEMENT, ENGINEERING AND/OR ARCHITECTURAL SERVICES 1. Termination bf 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/Count~ shall thereupon have the right to terminate this Conb-act 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, map~, 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. 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 amo.unt of damages due the City/County from the Firm is determined. 2. Termination for Convenience of the City/County.' 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 betweer: the City/County and the Firm, shall be incorporated in written amendments to this Contract. 4. Personnel. a. The Firm represents that he/stye has. or will secure at his own expense, all personnel required m pertormmg me 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 authonzed or permitted under State and Local law to perform such services. c. None oi the work or services covered by this Contract shall be subcontracted without the pdor 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. 5. Assiqnability. 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 cbmpany, or other finandal 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 sen?ices 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 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 benefidaries of the funds provided under this Contract City/County shall retain such records, and any suppodJng documentation, for the greater of three years from doseout of the Conb'act or the period required by other applicable laws and regulations. 8. Findinqs Confidential. All of the reports, information, data, etc., prepared or assembled by the Firm under this conVact are confidential and the Finn agrees that t. hey shall not be made available to any individual or organization without the prior written approval of the CE'y/County. 9. Copyriqht. No report, maps, or other documents produced in whole or in part under ~is .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 Em01oyment Opportunity. 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, c~eed,~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, ~eed, sex, color, handicap or national origin. Such action shall include, but not be lim. ited 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-discrimination clause. b. The Firm will, in all~solidtafion 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 bener~s of. or be subjected to discrimination under any program or activity receiving Federal finandal assistance. 13. Section 109 of the Housind and Community Development Act of 1974. a. No person in the United States shall on the ground of race, color, national origin, or sex be exctuded from participation in, be denied the benefits of, or be subjected to disc~'imination 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 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 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 f. rom 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 finandal assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of [egulations 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. Par[ 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 contractdrs 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. 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 o~en~se 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 AcL 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 anti applicants for employment, and the rights of applicants and employees. e. The conb'actor 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, f. The contractor will incJude the previsions 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 previsions will be binding upon each subcontractor with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Pregrams may direct to enforce such provisions, inciu~ling action for non-compliance. 16. 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 cam/lng 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 apprepriate steps to assure compliance. .18. Interest of Firm and Employees. The Firm covenants that he/she presently has no in. terest 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 performance of this Contract, no person having any such interest shall be employed.